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LDR Subcommittee Agenda 08/21/2018 Land Development Code Colter County Amendments Growth Management Department - Public Meeting - Development Services Advisory Committee Land Development Review Subcommittee Tuesday, August 21, 2018 3:00 p.m. —5:00 p.m. 2800 N. Horseshoe Dr., Naples, FL 34104—GMD Building Conference Room 609/610 Meeting Purpose: Agenda: To obtain a 1. Call to order recommendation 2. Changes to agenda from the DSAC-LDR 3. Old Business: None Subcommittee regarding proposed 4. Review of Amendments to LDC Sections (Affordable Housing) changes to the LDC, 5. Review of Code of Laws and Ordinances (Flood Damage Prevention) and Code of Laws and Administrative Code (Flood Damage Prevention) Ordinances, and 6. Meeting Schedule Administrative Code 7. Public comments 8. Adjourn News Release Posted TBD For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov Cotter County Growth Management Department LAND DEVELOPMENT CODE AMENDMENT PETITION SUMMARY OF AMENDMENT PL20180002172 This amendment simplifies the definition of affordable housing and makes the terminology and income levels consistent with the Florida Statutes and ORIGIN federal guidelines. It also increases the maximum available affordable Board of County housing density bonus from 8 units to 12 units. Commissioners HEARING DATES LDC SECTIONS TO BE AMENDED BCC—TBD 1.08.02 Definitions CCPC —TBD 2.06.01 Affordable Housing Density Bonus DSAC—09/05/18 DSAC-LDR—08/21/18 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND: The Board of County Commissioners (Board) held two affordable housing workshops, one in 2015 and the other in 2016. These workshops served as the catalyst to form the Housing Stakeholders Group (HSG). The HSG was tasked with creating a two-phase Community Housing Plan (CHP). The first phase of the CHP consisted of the Urban Land Institute's(ULI)recommendations from their report titled A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI report indicated that Collier County has an affordability problem, and it may become a crisis if unaddressed. The Board unanimously accepted the CHP (Item#11.A) on October 25,2017 and directed Staff to bring forward each suggestion in the report individually for discussions in workshops. On February 27, 2018, the Board accepted elements of the CHP by voting in favor of the following: 1. Approve new affordable housing definitions in accordance with discussion at the meeting; 2. Accept the staff-recommended updates of the housing demand model and its methodology; 3. Adopt a resolution (i.e., 2018-38) to advocate support and authorize the county's lobbyists to support current and future state and federal legislation; 4. Adopt a resolution (i.e., 2018-39) to consider housing that is affordable in future public land acquisitions; 5. Accept the Affordable Housing Density Bonus Program (AHDB Program) to increase the affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre; and 6. Adopt a resolution (i.e., 2018-40) to amend the expedited permitting and fast track procedure. This code amendment represents the end-product of#1 (definition) and #5 (AHDB Program) above. Under the definition there are five income levels detailed,ranging up to 140 percent Area Median Income (AMI). These income categories include the following: extremely-low-income,very-low-income, low- 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx Cotter County Growth Management Department income, moderate-income, and gap-income. Costs used to determine affordability include the anticipated monthly rent/mortgage payment, property tax, insurance, and required fees (such as mandatory condominium or homeowner association fees and assessments). There are four income levels used in the AHDB Program, including very-low-income, low-income, moderate-income, and gap-income. For purposes of the AHDB Program, the extremely-low-income category is grouped together with the very-low-income category, which staff anticipates is sufficient to address the full spectrum of housing to be built. In accordance with F.S. 420.9075 (4)(e) and to avoid duplicative efforts, staff also is proposing a provision in LDC section 2.06.05 B.6, which would allow staff to accept annual reports from the Florida Housing Finance Corporation to help developers demonstrate compliance with tenant eligibility and qualification requirements of the AHDB Program. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal or operational There is a companion GMP amendment that impacts associated with this amendment. proposes to revise terminology and increase the affordable housing density bonus from 8 to 12 dwelling units per acre. That GMP amendment is necessary so that this LDC amendment may be found consistent with the GMP. ATTACHMENTS: N/A 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx Amend the LDC as follows: 1 1.08.02 Definitions 2 3 4 5 Affordable Housing: Housing is affordable to a household when a residential dwelling unit with 6 monthly rent or monthly mortgage payment, including property taxes, insurance, and required 7 fees are not in excess of 30 percent of that amount which represents the percentage of the median 8 annual gross income for the household. 9 10 Affordable housing specifically includes the following income level targets for Collier County, 11 based on the income categories as determined by the Secretary of the U.S. Department of 12 Housing and Urban Development: 13 14 a. Extremely-low-income: Households whose incomes do not exceed 30 percent of 15 the median income. 16 17 b. Very-low-income: Households whose incomes are less than 50 percent of the 18 median income. 19 20 c. Low-income: Households whose incomes are greater than or equal to 50 percent 21 but less than 80 percent of the median income. 22 23 d. Moderate-income: Households whose incomes are greater than or equal to 80 24 percent but less than 120 percent of the median income. 25 26 e. Gap-income: Households whose incomes are greater than or equal to 120 percent 27 but less than 140 percent of the median income. 28 29 30 31 Approved Affordable Housing: Affordable Housing that includes a long-term affordability 32 restriction wherein the cost of housing and income of the household are known and monitored, 33 for a specific period of time. 34 35 --- :, - • - -- - - e - - . .. - - - - •- - • - - • - - - - - - _ _ - 36 mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent 38 - ---- - -- - -- - • - -- - - -.-. '--- - - - -- - - -e - -- -- 39 - - -- , - -- - •-- ' - - -- •e- e-.• ... . -- - 40 the following subsets: 41 OwRer occupied workforce housing: 50 percont or less of median income, othorwiso 42 considered to be "very low income". 43 44 sing: 51 percent 60 percent of median inssmo-othcrwi.o 45 ". 46 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 Owner occupied workforce housing: 61 percent 80 perccnt of median income, otherwise 2 considered to be "low income". 3 4 Owner occupied workforce housing: 81 percent 100 percent of median income, 5 otherwise considered to be "moderate income". 6 7 Owner occupied gap housing: 81 percent 150 percent of median income. 8 9 10 to be "very low income". 11 12 Rental workforce housing from 51 percent 60 perccnt of median income, otherwise 13 considered to be "low income". 14 15 The term affordable housing is specifically intended to include affordable workforce 16 housing. 17 18 --- • e, e. ' - - - - - - _ _ - - - ' - -- -- , 19 including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which 22 Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following 23 subset: 24 The term "gap housing: 81 percent 150 percent of median income" is specifically 25 intended to include similar categories, such as "Essential Personnel Housing", 26 "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to 27 - - - -- - - -- - - - - - -- - - - - ' - - - - - - - 28 but still unable to afford market priced homes. 29 30 # # # # # # # # # # # # # 31 32 2.06.00 —AFFORDABLE HOUSING DENSITY BONUSES 33 34 2.06.01 —Generally 35 36 A. Within most of the coastal urban designated areas identified on the future land use map of 37 the Collier County Growth Management Plan (GMP1, a base density of four (4) 38 residential dwelling units per gross acre is permitted. However, the base density may 39 be adjusted depending on the characteristics of the development. One characteristic of 40 a housing development which would allow the addition of density bonuses in order to 41 increase the density over the base density is the provision of affordable housing in the 42 development. The provision of affordable housing units may add up to eight (8) 12 43 dwelling units per gross acre to the base density of four(4) residential dwelling units per 44 gross acre, for a total of twelve (12) 16 residential dwelling units per gross acre, plus any 45 other density bonuses available, and minus any density reduction for the coastal high 46 hazard tra#is-congestion area that is required, pursuant to the Collier County GMP. 47 The total eligible density must not exceed a total of sixteen (164 dwelling units per gross 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 acre, except as allowed through use of transfer of development rights, as provided for in 2 the growth management plan. The program to accomplish this increase to provide 3 affordable housing is called the affordable housing density bonus (ADHB) program. 4 5 B. Within most of the Immokalee Urban area, as identified on the Immokalee area master 6 plan future land use map of the growth management plan, base densities are four or 7 six or eight residential dwelling units per gross acre. However, the base density may 8 be adjusted depending on the characteristics of the development. One characteristic of 9 a housing development that would allow the addition of density bonuses is the provision 10 of affordable housing in the development. The provision of affordable housing units 11 may add up to 12 eight dwelling units per gross acre to the base density of four, six 12 or eight residential dwelling units per gross acre, for a total of twelve, fourteen or 13 sixteen residential dwelling units per gro's acre, plus any other density bonuses 14 available. The total eligible density must not exceed a total of 16 dwelling units per gross 15 acre. 16 17 C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as 18 identified on the future land use map of the growth management plan, towns, villages, 19 hamlets and compact rural developments are allowed at a density range of one-half to 20 four dwelling units per gross acre. The allowed density may be adjusted depending on 21 the characteristics of the development. One characteristic of a housing development 22 that would allow the addition of density bonuses is the provision of affordable housing 23 in the development. The provision of affordable housing units may add up to eight 24 dwelling units per gross acre to the allowed density of one-half to four dwelling units 25 per gross acre, for a total of eight and one-half to twelve and one-half residential 26 dwelling units per gross acre, plus any other density bonuses available. 27 28 D. In order to qualify for the AHDB for a development, the developer must apply for and 29 obtain the AHDB from the County for a development in accordance with this section, 30 especially in accordance with the provisions of the AHDB program, including the AHDB 31 rating system, the AHDB monitoring program, and the limitations on the AHDB. 32 33 1. Preapplication conference. Prior to submitting an application for AHDB, a 34 preapplication conference may be scheduled with the County Manager or his 35 designee. If the proposed development is to include affordable housing, the 36 housing and urban improvement director, must participate in the 37 preapplication conference. The preapplication conference provides an 38 opportunity to familiarize the applicant with the AHDB program and provides an 39 opportunity for the county staff to obtain a clear understanding of the proposed 40 development. The AHDB rating system, the AHDB monitoring program, the 41 limitations, criteria, procedures, standard conditions, standard forms, and other 42 information will be discussed and made available to the applicant. Depending on 43 the type of development proposed, the application may be combined with an 44 application for a planned unit development (PUD), a rezone, or a Stewardship 45 Receiving Area. 46 47 2. Application. An application for AHDB for a development must be submitted to 48 the County Manager or his designee in the form established by the County 49 Manager or la+s designee. ! ___ _•_ ___ _ _ __ •__ _ - _ •- - 50 '- - - - - - . - - - - - - • - - - -- - - _ -- _ 51 The application must, at a minimum, include: 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 2 a. Zoning districts proposed by the applicant on the property and acreage of 3 each; 4 5 b. The total number of residential dwelling units in the proposed 6 development, categorized by number of bedrooms and whether the unit 7 is to be rented or owner-occupied; 8 9 c. The total number of AHDB units requested, categorized by number of 10 bedrooms and whether the unit is to be rented or owner-occupied; 11 12 d. Total number of dwelling ' g units proposed in the 13 development, categorized by level of income, number of bedrooms (one 14 bedroom, two bedrooms, three bedrooms, or more), and rental units and 15 owner-occupied units: 16 17 i. Gap-income households 0120% to <140% of median income 18 (MI)l. 19 20 ii. Moderate-income households (-424%-bed-r-oem7-twe-laedreems,Of 21 three bedrooms or more (>80% to <120% of MI). 22 23 iii. Low-income households {one bedroom, two bedrooms, or three 24 bedrooms or more (>_50% to <80% of MI). 25 26 iv. Very_low-income households{one bedroom, two bedrooms, or 27 three bedrooms or more (<50% of MI). 28 29 v. Market rate dwelling Total affordable housing units fee 30 bedroom, two bedrooms, or three bedrooms or more). 31 32 e. Gross density of the proposed development; 33 34 f. Whether the AHDB is requested in conjunction with an application for 35 a planned--6unit deve'�me„t(PUD), an application for rezoning, an 36 application for a Stewardship Receiving Area, or a conditional use 37 application for a Commercial Mixed-Use project as provided for within 38 LDC section 4.02.38 of the LDC; and 39 40 g. Any other information which would reasonably be needed to address the 41 request for AHDB for the development pursuant to the requirements set 42 forth in this section. 43 44 3. Determination of completeness. After receipt of an application for AHDB, the 45 County Manger or designee --. _ -•e e- •••: e ••••• _ -_ e shall 46 determine whether the application submitted is complete. If he determines 47 that the application is not complete, the County Manager or designee hou-si 48 and urban improvement director shall notify the applicant in writing of the 49 deficiencies. The County Manager or designee housing and urban 50 improvement director shall take no further steps to process the application 51 until the deficiencies have been remedied. 6 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 2 4. Review and recommendation by the County Manager or designee. After receipt 3 of a completed application for AHDB, the County Manager or designee must 4 review and evaluate the application in light of the AHDB rating system, the 5 AHDB monitoring program and the requirements of this section. The County 6 Manager or designee must coordinate with the Zoning Division development 7 serviccs director or designee to schedule the AHDB application with the 8 companion application for rezoning, PUD, planned unit development or 9 stewardship receiving area, and must recommend to the planning commission 10 and the BCC to deny, grant, or grant with conditions, the AHDB application. The 11 recommendation of the County Manager or designee must include a report in 12 support of recommendation. 13 14 5. Review and recommendation by the planning commission. Upon receipt by the 15 planning commission of the application for AHDB and the written 16 recommendation and report of the County Manager or designee, the planning 17 commission must schedule and hold a properly advertised and duly noticed 18 public hearing on the application. If the application has been submitted in 19 conjunction with an application for a PUD, then the hearing must be consolidated 20 and made a part of the public hearing on the application for the PUD before 21 the planning commission, and the planning commission must consider the 22 application for AHDB in conjunction with the application for the PUD. If the 23 application has been submitted in conjunction with an application for a rezoning, 24 then the hearing must be consolidated and made a part of the public hearing on 25 the application for rezoning before the planning commission, and the planning 26 commission must consider the application for AHDB in conjunction with the 27 application for rezoning. If the application has been submitted in conjunction with 28 an application for a stewardship receiving area, then the hearing must be 29 consolidated and made a part of the public hearing on the application for 30 stewardship receiving area before the planning commission, and the planning 31 commission must consider the application for AHDB in conjunction with the 32 application for stewardship receiving area. After the close of the public 33 hearing, the planning commission must review and evaluate the application 34 in light of the requirements of this section and the requirements for a rezoning, 35 PUD rezoning, or stewardship receiving area, as applicable, and must 36 recommend to the BCC that the application be denied, granted or granted with 37 conditions. 38 39 6. Review and determination by Board of County Commissioners (BCC). Upon 40 receipt by the BCC of the application for AHDB and the written recommendation 41 and report of the County Manager or designee and recommendation of the 42 planning commission, the BCC must schedule and hold a properly advertised 43 and duly noticed public hearing on the application. If the application has been 44 submitted in conjunction with an application for a planned unit development 45 {PUD}, then the hearing must be consolidated and made a part of the public 46 hearing on the application for the planned unit development (PUD} before the 47 BCC, and the BCC must consider the application for AHDB in conjunction with 48 the application for the planned unit development (PUD). If the application has 49 been submitted in conjunction with an application for a rezoning, then the 50 hearing must be consolidated and made a part of the public hearing on the 51 application for rezoning before the BCC, and the BCC must consider the 7 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 application for AHDB in conjunction with the application for rezoning. If the 2 application has been submitted in conjunction with an application for a 3 stewardship receiving area, then the hearing must be consolidated and made 4 a part of the public hearing on the application for stewardship receiving area 5 before the BCC, and the BCC must consider the application for AHDB in 6 conjunction with the application for stewardship receiving area. After the close 7 of the public hearing, the BCC must review and evaluate the application in 8 light of the requirements of this section and the requirements for a rezoning, 9 and must deny, grant, or grant with conditions, the application in accordance 10 with the AHDB rating system and the AHDB monitoring program. 11 12 E. The procedures to request approval of a density bonus are described in Chapter 10 of 13 this LDC, along with requirements for the developer's agreement to ensure compliance. 14 15 2.06.02— Purpose and Intent 16 17 A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et 18 seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case 19 No. 89-1299 GM, by providing for moderate, low, and very:low:income housing through 20 the use of density bonuses which allow an increase in the number of residential dwelling 21 units per acre allowed on property proposed for development, thereby decreasing the 22 per unit cost of land and development. 23 24 B. This objective is accomplished by implementing an AHDB program which consists of an 25 AHDB rating system and an AHDB monitoring program. The purpose of the AHDB 26 rating system is to provide increased residential densities to developers who guarantee 27 that a portion of their housing development will be affordable by households of gap 28 j>_120% to <140% of median income (MI)], moderate (>_80% to <120% of MI), low (>_50% 29 to <80% of MI), or very-low-income (<50% of MI), thus expanding housing opportunities 30 for p a p, moderate, low, and very-low-income households throughout the county. The 31 purpose of the AHDB monitoring program is to provide assurance that the program is 32 properly implemented, monitored, and enforced, and that useful information on 33 affordable housing may be collected. 34 35 2.06.03—AHDB Rating System 36 37 A. The AHDB rating system shall be used to determine the amount of the AHDB which may 38 be granted for a development, based on household income level, type of affordable 39 housing units (owner-occupied or rental, single-family or multi-family), and percentage 40 of affordable housing units in the development. To use the AHDB rating system, Table 41 A below, shall be used. Table A shall be reviewed and updated, if necessary, on an 42 annual basis by the BCC or its designee. 43 44 1. First, cheese the household income level (50% of median income, 60% of 45 median income, or 80% of median income) of the affordable housing unit(s) 46 47 occupied or rental, single family or multi family, where applicable) to be 48 provided, as shown in Table A. An AHDB based on the household income 49 - 50 - --- - - - - - e -- - - - --- - - -- - 51 density. These additional residential dwelling units per gross acre arc the 8 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 maximum AHDB available to that development. Developments with 2 percentages of affordable housing units which fall in between the percentages 3 - -• - - - ' •- - • -• ' - •_ -- -- - •- - - - -- .-- -- 4 - -•, - - ' - - - - - - - - - - -- ' - 5 additional percentage of affordable housing units in the development. For 6 example, a development which has 2/1 percent of its total residential dwelling 7 units as affordable housing units, at the 80 percent MI level will receive an AHDB 8 - • : -e - 9 10 2. Where more than 1 type of affordable housing unit (based on level of income 11 - • - - - A . - --- - - - - -- •-• •- ' — • _ - -- - 12 be calculated separately. After the AHDB calculations for each type of 13 affordable housing unit have been completed, the AHDB for each type of unit 14 shall be added to those for the other type(s) to determine the maximum 15 AHDB available for the development. In no event shall the AHDB exceed eight 16 {8) dwelling units per gross acre. 17 18 Table A. Affordable-Workforce-Gap Housing Density Bonus 19 (Additional Available Dwelling Units Per Gross Acre) 20 21 Maximum Allowable Density Bonus by Percent of Development Designated as Affordable- 22 wee-Gap Housing'- Product? Household 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Income (% median) Gap >_120%to <140% of M I3,4 1 2 3 4 5 6 7 8 n/a n/a 81 150% 6 - Mr .. Moderate >_80% to Workforce <120% of 4 6 7 9 10 11 12 MI3 2 5 8 – — — — 6180% 8 8 8 8 8 3 8 M Low >_50% to 6 7 9 10 11 12 12 12 <80% of MI 3 8 °_ 4 6 8 8 8 8 8 8 Very Low <50% of MI 8 9 10 11 12 12 12 12 12 50% or Icc., 5 7 8 8 8 8 8 8 8 M4 I 23 24 1 Developments with percentages of affordable housing units which fall in between the 25 percentages shown on Table A shall receive an AHDB equal to the lower of the two 26 percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for 27 each additional percentage of affordable housing units in the development. 28 9 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 2 Where more than one type of affordable housing unit (based on level of income 2 shown above) is proposed for a development, the AHDB for each type shall be 3 calculated separately. After the AHDB calculations for each type of affordable 4 housing unit have been completed, the AHDB for each type of unit shall be 5 added to those for the other types) to determine the maximum AHDB available 6 for the development. In no event shall the AHDB exceed 12 dwelling units per gross 7 acre. 8 9 3* Owner-occupied only 10 11 4** May only be used in conjunction with at least 20 49% at or below 120 80% MI 12 13 Total Allowable Density - Base Density + Affordable Workforce Gap-Housing Density 14 - • - . - = =• -•- • - ' .. - •• - - --• - - -- - ---- = - 15 -- 16 B. The AHDB shall be available to a development only to the extent that it otherwise 17 complies and is consistent with the GMP and the land development regulations, 18 including the procedures, requirements, conditions, and criteria for"PUDs"and rezonings, 19 where applicable. 20 21 C. The minimum number of affordable housing units that shall be provided in a development 22 pursuant to this section shall be ten (10)percent of the total affordable housing units. 23 24 D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to 25 the ratio of the number of bedrooms per residential unit for the entire development. 26 27 2.06.04 - Limitations on Affordable Housing Density Bonus 28 29 Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all 30 of the AHDB for a development: 31 32 A. Affordable housing density bonus development agreement required. The AHDB shall 33 be available to a development only when an AHDB development agreement has been 34 entered into by the developer/ applicant and the BCC, and such agreement has been 35 approved by the county attorney and the BCC pursuant to the public hearing process 36 established in this section prior to execution. Amendments to such agreement shall be 37 processed in the same manner as the original agreement. The AHDB development 38 agreement shall include, at a minimum, the following provisions: 39 40 1. Legal description of the land subject to the agreement and the names of its 41 legal and equitable owners. 42 43 2. Total number of residential dwelling units in the development. 44 45 3. Minimum number of affordable housing units, categorized by level of household 46 income, type of unit (single-family or multifamily, owner-occupied or rental), and 47 number of bedrooms, required in the development. 48 49 4. Maximum number of AHDB dwelling units permitted in the development. 50 51 5. Gross residential density of the development. 10 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 2 6. Amount of monthly rent for rental units, or the price and conditions under which an 3 owner-occupied unit will be sold, for each type of affordable housing unit in 4 accordance with the definition for each type of affordable housing rental unit—gap 5 f120% to <140% of median income (MI)1, fmoderate (>_80% to <120% of MI), low 6 (>_50% to <80% of MI), and very_low (<50% of MI). 7 8 7. The foregoing notwithstanding, any rent charged for an affordable housing unit 9 rented to a low(>_50%to<80%of(MI)1 or very-low-income(<50% of MI) household 10 family shall not exceed 90 percent of the rent charged for a comparable market 11 - . - _ - - ._ - .. - - - - --- . -- -- - - ' - - _ •• 12 - - 13 - _ - _ - _ _ - . _ _ ._ _ .. - -- •-- . -- -- - - - - _ - . - 14 • -- .. - - -- - •- - - - - - - - 15 comparable square footage, amenities, and number of bedrooms, to be rented in 16 the same development the amount published by the Florida Housing Finance 17 Corporation for Collier County adjusted by income level, family size, and number 18 of bedrooms, and updated annually. 19 20 8. No affordable housing unit in the development shall be rented to a tenant 21 whose household income has not been verified and certified in accordance with 22 this division as a moderate, low(>_50%to<80%of MI); or very-low-income (<50% 23 of MI) household family. Such verification and certification shall be the 24 responsibility of the developer and shall be submitted to the County Manager 25 or his designee for approval. Tenant income verification and certification shall be 26 repeated annually to assure continued eligibility. 27 28 9. No affordable housing unit that is to be sold, leased with option to purchase, or 29 otherwise conveyed in the development shall be sold, leased with option to 30 purchase, or otherwise conveyed to a buyer whose household income has not 31 been verified and certified in accordance with this section as a gap [>120% to 32 <140% of median income (MI)1, moderate (>_80% to <120% of MI), low (>_50% to 33 <80% of MI), or very_low:income (<50% of MI) household family. Such verification 34 and certification shall be the responsibility of the developer and shall be submitted 35 to the County Manager or his designee for approval. It is the intent of this section 36 to keep housing affordable; therefore, any person who buys an affordable housing 37 unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit 38 Court of Collier County, Florida, that if he sells the property (including the land 39 and/or the unit) within 15 years after his original purchase at a sales price in 40 excess of five percent per year of Ns original purchase price that he will pay to the 41 county an amount equal to one-half of the sales price in excess of five percent 42 increase per year. The lien instrument may be subordinated to a qualifying first 43 mortgage. 44 45 10. For example, a person originally buys a designated affordable housing unit (a 46 house) for $60,000.00 and sells it after five years for $80,000.00. A five percent 47 increase per year for five years will give a value of $76,577.00. Deducting this 48 amount from the sales price of$80,000.00 gives a difference of$3,423.00. The 49 seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment 50 of this amount would release the first owner from the recorded lien against the 51 property. Such payment shall be maintained in a segregated fund, established 11 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 by the county solely for affordable housing purposes, and such money shall be 2 used solely to encourage, provide for, or promote affordable housing in Collier 3 County. 4 5 11. No affordable housing unit in any building or structure in the development shall 6 be occupied by the developer, any person related to or affiliated with the 7 developer, or a resident manager. 8 9 12. When the developer advertises, rents, sells or maintains the affordable housing 10 unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory 11 manner and make available any relevant information to any person who is 12 interested in renting or purchasing such affordable housing unit. The developer 13 shall agree to be responsible for payment of any real estate commissions and 14 fees. The affordable housing units in the development shall be identified on all 15 building plans submitted to the county and described in the application for 16 AHDB. 17 18 13. The developer shall not disclose to persons, other than the potential tenant, 19 buyer or lender of the particular affordable housing unit or units, which units in 20 the development are designated as affordable housing units. 21 22 14. The square footage, construction and design of the affordable housing units shall 23 be the same as market rate dwelling units in the development. 24 25 15. The AHDB agreement and authorized development shall be consistent with the 26 growth management plan and land development regulations of Collier County 27 that are in effect at the time of development. Subsequently adopted laws and 28 policies shall apply to the AHDB agreement and the development to the extent that 29 they are not in conflict with the number, type of affordable housing units and the 30 amount of AHDB approved for the development. 31 32 16. The affordable housing units shall be intermixed with, and not segregated 33 from, the market rate dwelling units in the development. 34 35 17. The conditions contained in the AHDB development agreement shall constitute 36 covenants, restrictions, and conditions which shall run with the land and shall be 37 binding upon the property and every person having any interest therein at any time 38 and from time to time. 39 40 18. The AHDB development agreement shall be recorded in the official records of 41 Collier County, Florida, subsequent to the recordation of the grant deed pursuant 42 to which the developer acquires fee simple title to the property. 43 44 19. Each affordable housing rental unit shall be restricted to remain and be maintained 45 as the type of affordable housing rental unit (moderate, low or very-low- 46 income) designated in accordance with the AHDB development agreement for 47 at least 30 45 years from the issuance of a certificate of occupancy for such unit. 48 49 20. The developer and owner of a rental the development shall provide on-site 50 management to assure appropriate security, maintenance and appearance of the 51 development and the dwelling units where these issues are a factor. 12 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 2 B. Compliance with growth management plan and land development regulations. The AHDB 3 shall be available to a development only to the extent that it otherwise complies and is 4 consistent with the GMP and the land development regulations, including the procedures, 5 requirements, conditions and criteria for planned unit developments (PUDs) and 6 rezonings, where applicable. 7 8 C. Minimum number of affordable housing units. The minimum number of affordable 9 housing units that shall be provided in a development pursuant to this section shall be 10 t-e44 10 percent of the total affordable housing units. 11 12 D. Nontransferable. The AHDB is not transferrable between developments or properties. 13 14 E. Phasing. In the case where a development will occur in more than one phase, the 15 percentage of affordable housing units to which the developer has committed for the 16 total development shall be maintained in each phase and shall be constructed as 17 part of each phase of the development on the property. For example, if the total 18 development's AHDB is based on the provision of ten percent of the total dwelling units 19 as affordable housing rental units for low income households with two bedrooms per 20 unit, then each phase must maintain that same percentage (10% tee percent in this 21 case)cumulatively. 22 23 2.06.05 -Affordable Housing Density Bonus Monitoring Program 24 25 A. Annual progress and monitoring report. The AHDB for a development shall be subject to 26 the AHDB monitoring program set forth in this section. The developer shall provide the 27 County Manager or his designee with an annual progress and monitoring report regarding 28 the delivery of affordable housing rental/ownership units throughout the period of their 29 construction, rental, sale, and occupancy for each of the developer's developments which 30 involve the AHDB in a form developed by the County Manager or his designee. The 31 annual progress and monitoring report shall, at a minimum, require any information 32 reasonably helpful to ensure compliance with this section and provide information with 33 regard to affordable housing in Collier County. To the extent feasible, the County 34 Manager or his designee shall maintain public records of all dwelling units (AHDB and 35 affordable housing units) constructed pursuant to the AHDB program, all affordable 36 housing units constructed pursuant to the AHDB program, occupancy statistics of such 37 dwelling units, complaints of violations of this section which are alleged to have 38 occurred, the disposition of all such complaints, a list of those persons who have 39 participated as tenants or buyers in the AHDB program, and such other records and 40 information as the County Manager or his designee believes may be necessary or 41 desirable to monitor the success of the AHDB program and the degree of compliance 42 therewith. Failure to complete and submit the monitoring report to the County Manager 43 or his designee within 60 days from the due date will result in a penalty of up to $50.00 44 per day per incident or occurrence unless a written extension not to exceed 30 days is 45 requested prior to expiration of the 60-day submission deadline. 46 47 B. Income verification and certification. 48 49 1. Eligibility. The determination of eligibility of gap 1.120% to <140% of median 50 income (MI)l, moderate (>_80% to <120% of MI), low (>50% to <80% of MI), and 51 very-low-income (<50% of MI) households to rent or buy and occupy affordable 13 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 housing units is the central component of the AHDB monitoring program. 2 Household income eligibility is a three-step process: 3 4 Submittal of an application by a buyer or tenant; 5 6 L) Verification of household income; and 7 8 ,(c) Execution of an income certification. 9 10 All three shall be accomplished prior to a buyer or tenant being qualified as an 11 eligible household to rent or purchase and occupy an affordable housing unit 12 pursuant to the AHDB program. No person shall occupy an affordable housing 13 unit provided under the AHDB program prior to being qualified at the appropriate 14 level of income(gap, moderate, low or very-low-income). 15 16 Eligibility. The determination of eligibility of moderate, low, and very low 17 __ -- - - - -- - - - - - -- - ' -- - - - - 18 -- -- - •_ • _ • - - - - -- - - __ •- - _ _ ' _ - 19 - -- - - - - - - -- - - - - - -- 20 - - -- - - - -- - - - -- - -- - -= - - 21 -- • • 22 - -- - - . . - - - • - -- - - -- - - -- -- - ' - ' _ - -- • 23 - - - - - -- -- - - - - - - ' - . _ 24 program prior to being qualified at the appropriate level of income(moderate, low 25 26 27 2. The developer shall be responsible for accepting applications from buyers or 28 tenants, verifying income and obtaining the income certification for its development 29 which involves AHDB, and all forms and documentation must be provided to the 30 County Manager or hos designee prior to qualification of the buyer or tenant as 31 a gap [>_120% to <140% of median income (MI)1, moderate (>_80% to <120% of 32 MI), low(. 50%to<80% of MI), or very-low-income(<50% of MI)household family. 33 The County Manager or 14+s designee shall review all documentation provided, 34 and may verify the information provided from time to time. Prior to occupancy 35 by a qualified buyer or tenant, the developer shall provide to the County Manager 36 or 16 designee, at a minimum, the application for affordable housing 37 qualification, including the income verification form and the income certification 38 form, and the purchase contract, lease, or rental agreement for that qualified buyer 39 or tenant. At a minimum, the lease shall include the name, address and telephone 40 number of the head of household and all other occupants, a description of the unit 41 to be rented, the term of the lease, the rental amount, the use of the premises, 42 and the rights and obligations of the parties. Random inspections to verify 43 occupancy in accordance with this section may be conducted by the County 44 Manager or his designee. 45 46 3. Application. A potential buyer or tenant shall apply to the developer, owner, 47 manager, or agent to qualify as a gap [>_120%to<140% of median income (MI)), 48 moderate (>_80% to <120% of MI), low (>_50% to <80% of MI), or very_low-income 49 (<50% of MI) household family for the purpose of renting; or owning and 50 occupying an affordable housing rental unit pursuant to the AHDB program. The 51 application for affordable housing qualification shall be in a form provided by the 14 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 County Manager or his designee and may be a part of the income certification 2 form. 3 4 4. Income verification. The County Manager or his designee or the developer shall 5 obtain written verification from the potential occupant (including the entire 6 household) to verify all regular sources of income to the potential tenant/owner 7 (including the entire household). The written verification form shall include, at a 8 minimum, the purpose of the verification, a statement to release information, 9 employer verification of gross annual income or rate of pay, number of hours 10 worked, frequency of pay, bonuses, tips and commissions and a signature block 11 with the date of application. The verification may take the form of the most recent 12 year's federal income tax return for the potential occupants (including the entire 13 household), a statement to release information, tenant verification of the return, 14 and a signature block with the date of application. The verification shall be valid 15 for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the 16 information may be verbally updated from the original sources for an additional 17 30 days, provided it has been documented by the person preparing the original 18 verification. After this time, a new verification form must be completed. 19 20 5. Income certification. Upon receipt of the application and verification of income, 21 an income certification form shall be executed by the potential buyer or tenant 22 (including the entire household) prior to sale or rental and occupancy of the 23 affordable housing unit by the owner or tenant. Income certification that the 24 potential occupant has a gap[>_120%to<140%of median income(MI)l, moderate 25 (>80% to <120% of MI), low (>_50% to <80% of MI), or very-low-income (<50% of 26 MI) household income qualifies the potential occupant as an eligible household 27 family to buy or rent and occupy an affordable housing unit under the AHDB 28 program. The income certification shall be in a form provided by the County 29 Manager or his designee. 30 31 6. Notwithstanding any language to the contrary contained herein, the Developer shall 32 be deemed in compliance with the AHDB agreement if the Developer has complied 33 with the tenant eligibility and qualification requirements of the Florida Housing 34 Finance Corporation by providing Community and Human Services a copy of the 35 annual Florida Housing Finance Corporation compliance and program reports. 36 37 2.06.06 -Violations and Enforcement 38 39 A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell 40 or occupy, an affordable housing rental unit provided under the AHDB program except 41 as specifically permitted by the terms of section 2.06.00, or to knowingly give false or 42 misleading information with respect to any information required or requested by the 43 County Manager or his designee or by other persons pursuant to the authority which is 44 delegated to them by section 2.06.00. 45 46 B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, 47 a notice of violation shall be issued and sent by the County Manager or his designee by 48 certified return receipt requested U.S. mail, or hand delivery to the person or developer 49 in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed 50 and dated by the County Manager or his designee or such other county personnel 51 as may be authorized by the BCC, shall specify the violation or violations, shall state 15 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx 1 that said violation(s) shall be corrected within 10 ten days of the date of notice of 2 violation, and shall state that if said violation(s) is not corrected by the specified date that 3 civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by 4 the specified date in the notice of violation, the County Manager or +s designee shall 5 issue a citation which shall state the date and time of issuance, name and address 6 of the person in violation, date of the violation, section of these regulations, or 7 subsequent amendments thereto, violated, name of the County Manager or leis 8 designee, and date and time when the violator shall appear before the code enforcement 9 board. 10 11 C. Criminal enforcement. Any person who violates any provision of this section shall, upon 12 conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment 13 in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions 14 of F.S. § 125.69. Such person also shall pay all costs, including reasonable 15 attorney's fees, including those incurred on appeal, involved in the case. Each day 16 such violation continues, and each violation, shall be considered a separate offense. 17 18 D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant 19 to section 2.06.06 C. above, Collier County and the County Manager or his designee 20 shall have full power to enforce the terms of this section and any AHDB development 21 agreements, rezoning conditions or stipulations, and planned unit development (PUD) 22 conditions and stipulations pursuant to this section and the rights, privileges and 23 conditions described herein, by action at law or equity. In the event that it is determined 24 that a violation has occurred and has not or will not be corrected within 60 days, the 25 certificate of occupancy for all AHDB units within the development shall be withdrawn and 26 the sanctions or penalties provided in the AHDB development agreement shall be 27 pursued to the fullest extent allowed by law. 28 29 # # # # # # # # # # # # # 16 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\08-21-2018\Item#4-Affordable Housing(08-15-2018).docx Repeal of Collier County Flood Damage Prevention Ordinance — Replace with State of Florida Model Floodplain Management Ordinance uppiernental Mater hais acid Proposed Ordinance Floodplain Management Section—Building Plan Review and Inspections August 2018 Supplemental Materials and Proposed Ordinance 1. PowerPoint Presentation— Exhibit 1 2. Table of significant changes—Exhibit 2 3. State Model Ordinance—Exhibit 3 4. Floodplain Development Permit—Exhibit 4 5. Administrative Code for Land Development-Zoning Verification Letter for Non- Residential Farm Buildings (Amending)—Exhibit 5 6. Administrative Code for Land Development—Administrative Appeal of a Preliminary Substantial Damage Determination —Exhibit 6 7. Non-Conversion Agreement— Exhibit 7 8. Current Flood Damage Prevention Ordinance—for reference: https://library.municode.com/fl/collier county/codes/code of ordinances?nodeld=PTI CO CH62FL 11$ z0 dig in 0 (D (DV z zz I- 0LU LU Di D u ) 3 cNt.- 23 z< LU ,\D Z 11.1.11 Z < 672' 0 eL 0 Z o LUJ LLI x .1 t ! glne% • 4 II' r 01< 0 ) CI 2 MOM bah. D Ct 47,C04 ,, . ) .,,,t W U Z 0 0Q a CeE D g 0 H E C Z - _� 0 Q �E u = N 0o 4 ' V o N 2 04- O c ._ 0 c oCD N 0 .N N LL Q O LL a N N tzu V 0 a _U 0 0 O -O N -0 N O O -0 Z a a� O C O • • C Q_ Q W I 41) �>41 4011) I-U �> 0 �> D O O 111 O O O -0 -0 Z Q -0 N E 0_ u 0_ Q Q Q Q uj • • 0 • 0 • • Za LL LL O U Q • • • �'�'' '. ...., ,,,, , ,,, . .t ' ''''' t ''' :,.;c:::1:i.r':::,,t. 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Underline Text:Local provision similar to existing FDPO language Double Underlined Text:Local provision that is new language DRAFT FBC Compliant FDPO 1 Chapter 62 - FLOODS 2 ARTICLE I. -ADMINISTRATION 3 DIVISION 1. -GENERAL 4 Sec. 62-1. - -Title. These regulations shall be known as the Floodplain Management Ordinance 5 of Collier County, Florida, hereinafter referred to as "this ordinance." 6 Sec.62-2.-Scope. The provisions of this ordinance shall apply to all development that is wholly 7 within or partially within any flood hazard area, including but not limited to the subdivision of land; 8 filling, grading, and other site improvements and utility installations; construction, alteration, 9 remodeling,enlargement, improvement, replacement, repair, relocation or demolition of buildings, 10 structures, and facilities that are exempt from the Florida Building Code; placement, installation, 11 or replacement of manufactured homes and manufactured buildings; installation or replacement 12 of tanks; placement of recreational vehicles; installation of swimming pools; and any other 13 development. This ordinance shall also apply to establishing minimum floor elevations for 14 buildings constructed within areas identified as Zone X and X-500 on the Flood Insurance Rate 15 Maps adopted in Section 62-13. 16 Sec. 62-3. - Intent. The purposes of this ordinance and the flood load and flood resistant 17 construction requirements of the Florida Building Code are to establish minimum requirements to 18 safeguard the public health, safety, and general welfare and to minimize public and private losses 19 due to flooding through regulation of development in flood hazard areas to: 20 (1) Minimize unnecessary disruption of commerce, access and public service during 21 times of flooding; 22 (2) Require the use of appropriate construction practices in order to prevent or 23 minimize future flood damage; 24 (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 25 storage of equipment or materials, and other development which may increase flood 26 damage or erosion potential; 27 (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to 28 minimize the impact of development on the natural and beneficial functions of the 29 floodplain; 30 (5) Minimize damage to public and private facilities and utilities; 31 (6) Help maintain a stable tax base by providing for the sound use and development 32 of flood hazard areas; 33 (7) Minimize the need for future expenditure of public funds for flood control projects 34 and response to and recovery from flood events; and 35 (8) Meet the requirements of the National Flood Insurance Program for community 36 participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. 1iPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Sec. 62-4. - Coordination with the Florida Building Code. This ordinance is intended to be 2 administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 3 refers to the edition of the standard that is referenced by the Florida Building Code. 4 Sec. 62-5. -Warning. The degree of flood protection required by this ordinance and the Florida 5 Building Code, as amended by this community, is considered the minimum reasonable for 6 regulatory purposes and is based on scientific and engineering considerations. Larger floods can 7 and will occur. Flood heights may be increased by man made or natural causes. This ordinance 8 does not imply that land outside of mapped special flood hazard areas, or that uses permitted 9 within such flood hazard areas, will be free from flooding or flood damage. The flood hazard 10 areas and base flood elevations contained in the Flood Insurance Study and shown on Flood 11 Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 12 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this 13 community to revise these regulations to remain eligible for participation in the National Flood 14 Insurance Program. No guaranty of vested use,existing use,or future use is implied or expressed 15 by compliance with this ordinance. 16 Sec. 62-6. - Disclaimer of Liability. This ordinance shall not create liability on the part of the 17 Board of County Commissioners of Collier County, Florida or by any officer or employee thereof 18 for any flood damage that results from reliance on this ordinance or any administrative decision 19 lawfully made thereunder. 20 Secs. 62-7-62.10. –Reserved. 21 DIVISION 2. -APPLICABILITY 22 Sec. 62-11. - General. Where there is a conflict between a general requirement and a specific 23 requirement, the specific requirement shall be applicable. 24 Sec. 62-12. - Areas to which this ordinance applies. This ordinance shall apply to all flood 25 hazard areas within the unincorporated Collier County, as established in Section 62-13 of this 26 ordinance. Additionally, the requirements for establishing minimum floor elevations shall be 27 applicable for all areas identified as Zone X and X 500. 28 Sec. 62-13. - Basis for establishing flood hazard areas. The Flood Insurance Study for Collier 29 County, Florida and Incorporated Areas dated May 16, 2012, and all subsequent amendments 30 and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent 31 amendments and revisions to such maps, are adopted by reference as a part of this ordinance 32 and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps 33 that establish flood hazard areas are on file at the office of the Clerk to the Board of County 34 Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th 35 Floor, Naples, FL 34112. 36 Sec. 62-14. - Submission of additional data to establish flood hazard areas. To establish 37 flood hazard areas and base flood elevations, pursuant to Division 5 of this article the 38 Floodplain Administrator may require submission of additional data. Where field surveyed 39 topography prepared by a Florida licensed professional surveyor or digital topography accepted 40 by the community indicates that ground elevations: 21age H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (1) Are below the closest applicable base flood elevation, even in areas not 2 delineated as a special flood hazard area on a FIRM, the area shall be considered as 3 flood hazard area and subject to the requirements of this ordinance and, as applicable, 4 the requirements of the Florida Building Code. 5 (2) Are above the closest applicable base flood elevation,the area shall be regulated 6 as special flood hazard area unless the applicant obtains a Letter of Map Change that 7 removes the area from the special flood hazard area. 8 Sec. 62-15. - Other laws. The provisions of this ordinance shall not be deemed to nullify any 9 provisions of local, state or federal law. 10 Sec. 62-16. - Abrogation and greater restrictions. This ordinance supersedes any ordinance 11 in effect for management of development in flood hazard areas. However, it is not intended to 12 repeal or abrogate any existing ordinances including but not limited to land development 13 regulations, zoning ordinances, stormwater management regulations, or the Florida Building 14 Code. In the event of a conflict between this ordinance and any other ordinance, the more 15 restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or 16 easement, but any land that is subject to such interests shall also be governed by this ordinance. 17 Sec. 62-17. - Interpretation. In the interpretation and application of this ordinance, all provisions 18 shall be: 19 (1) Considered as minimum requirements; 20 (2) Liberally construed in favor of the governing body; and 21 (3) Deemed neither to limit nor repeal any other powers granted under state statutes. 22 Secs. 62-18-62.20. –Reserved. 23 DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 24 Sec. 62-21. - Designation. The County Manager or designee is designated as the Floodplain 25 Administrator. The Floodplain Administrator may delegate performance of certain duties to 26 other employees. 27 Sec. 62-22. - General. The Floodplain Administrator is authorized and directed to administer 28 and enforce the provisions of this ordinance. The Floodplain Administrator shall have the 29 authority to render interpretations of this ordinance consistent with the intent and purpose of this 30 ordinance and may establish policies and procedures in order to clarify the application of its 31 provisions. Such interpretations, policies, and procedures shall not have the effect of waiving 32 requirements specifically provided in this ordinance without the granting of a variance pursuant 33 to Division 7 of this article. The Floodplain Administrator may consult with and rely on technical 34 bulletins. desk references. and other guidance publications issued by the Federal Emergency 35 Management Agency for guidance in the administration and interpretation of this ordinance and 36 advising on the flood provisions of the Florida Building Code. 37 Sec. 62-23. - Duties of the Floodplain Administrator. The Floodplain Administrator, in 38 coordination with other pertinent offices of the community, shall: Wage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (1) Review applications and plans to determine whether proposed new development 2 will be located in flood hazard areas; 3 (2) Review applications for modification of any existing development in flood hazard 4 areas for compliance with the requirements of this ordinance; 5 (3) Interpret flood hazard area boundaries where such interpretation is necessary to 6 determine the exact location of boundaries; a person contesting the determination shall 7 have the opportunity to appeal the interpretation; 8 (4) Provide available flood elevation and flood hazard information; 9 (5) Determine whether additional flood hazard data shall be obtained from other 10 sources or shall be developed by an applicant; 11 (6) Review applications to determine whether proposed development will be 12 reasonably safe from flooding; 13 (7) Require that applicants proposing alteration of a watercourse notify adjacent 14 communities and the Florida Division of Emergency Management, State Floodplain 15 Management Office, and submit copies of such notifications to the Federal Emergency 16 Management Agency(FEMA); 17 (8) Require applicants who submit hydrologic and hydraulic engineering analyses to 18 support permit applications to submit to FEMA the data and information necessary to 19 maintain the Flood Insurance Rate Maps if the analyses propose to change base flood 20 elevations, flood hazard area boundaries, or floodway designations; such submissions 21 shall be made within 6 months of such data becoming available; 22 (9) Issue floodplain development permits or approvals for development other 23 than buildings and structures that are subject to the Florida Building Code, including 24 buildings, structures and facilities exempt from the Florida Building Code, when 25 compliance with this ordinance is demonstrated, or disapprove the same in the event of 26 noncompliance; 27 (10) Coordinate with and provide comments to the Building Official to assure that 28 applications, plan reviews, and inspections for buildings and structures in flood hazard 29 areas comply with the applicable provisions of this ordinance; 30 (11) Review required design certifications and documentation of elevations specified 31 by this ordinance and the Florida Building Code and this ordinance to determine that such 32 certifications and documentations are complete; 33 (12) Establish, in coordination with the Building Official, procedures for administering 34 and documenting determinations of substantial improvement and substantial damage 35 made pursuant to Section 62-24 of this ordinance; 36 (13) Advise applicants for new buildings and structures, including substantial 37 improvements, that are located in any unit of the Coastal Barrier Resources System 38 established by the Coastal Barrier Resources Act(Pub. L. 97-348)and the Coastal Barrier 41 Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available 2 on such construction; areas subject to this limitation are identified on Flood Insurance 3 Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected 4 Areas"; and 5 (14) Notify the Federal Emergency Management Agency when the corporate 6 boundaries of unincorporated Collier County, Florida are modified. 7 Sec. 62-24. - Substantial improvement and substantial damage determinations. For 8 applications for building permits to improve buildings, structures, and manufactured homes, 9 including alterations, movement, enlargement, replacement, repair, change of occupancy, 10 additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, 11 and any other improvement of or work on such buildings and structures, the Floodplain 12 Administrator, in coordination with the Building Official, shall: 13 (1) Estimate the market value, or require the applicant to obtain an appraisal of the 14 market value prepared by a qualified independent appraiser, of the building or structure 15 before the start of construction of the proposed work; in the case of repair, the market 16 value of the building or structure shall be the market value before the damage occurred 17 and before any repairs are made; 18 (2) Compare the cost to perform the improvement, the cost to repair a damaged 19 building to its pre-damaged condition, or the combined costs of improvements and repairs, 20 if applicable, to the market value of the building or structure; 21 (3) Determine and document whether the proposed work constitutes substantial 22 improvement or repair of substantial damage; and 23 (4) Notify the applicant if it is determined that the work constitutes substantial 24 improvement or repair of substantial damage and that compliance with the flood 25 resistant construction requirements of the Florida Building Code and this ordinance is 26 required. 27 (5) Property owners of buildings. structures and facilities regulated by. or exempt from 28 the Florida Building Code. including manufactured homes. may appeal a substantial 29 damage determination first through the building permit process as established in the 30 Administrative Code for Land Development. Subsequent appeals shall be processed in 31 accordance with Article 7 of this article. 32 Sec. 62-25. - Modifications of the strict application of the requirements of the Florida 33 Building Code. The Floodplain Administrator shall review requests submitted to the Building 34 Official that seek approval to modify the strict application of the flood load and flood resistant 35 construction requirements of the Florida Building Code to determine whether such requests 36 require the granting of a variance pursuant to Division 7 of this article. 37 Sec. 62-26. - Notices and orders. The Floodplain Administrator shall coordinate with 38 appropriate local agencies for the issuance of all necessary notices or orders to ensure 39 compliance with this ordinance. SIPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Sec. 62-27. - Inspections. The Floodplain Administrator shall make the required inspections 2 as specified in Division 6 of this article for development that is not subject to the Florida Building 3 Code, including buildings, structures and facilities exempt from the Florida Building Code. The 4 Floodplain Administrator shall inspect flood hazard areas to determine if development is 5 undertaken without issuance of a permit. 6 Sec. 62-28. - Floodplain management records. Regardless of any limitation on the period 7 required for retention of public records, the Floodplain Administrator shall maintain and 8 permanently keep and make available for public inspection all records that are necessary for the 9 administration of this ordinance and the flood resistant construction requirements of the Florida 10 Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of 11 issuance of permits and denial of permits; determinations of whether proposed work constitutes 12 substantial improvement or repair of substantial damage; required design certifications and 13 documentation of elevations specified by the Florida Building Code and this ordinance; 14 notifications to adjacent communities, FEMA, and the state related to alterations of 15 watercourses; assurances that the flood carrying capacity of altered watercourses will be 16 maintained; documentation related to appeals and variances, including justification for issuance 17 or denial; and records of enforcement actions taken pursuant to this ordinance and the flood 18 resistant construction requirements of the Florida Building Code. These records shall be available 19 for public inspection at the Growth Management Division-Planning and Regulation, 2800 North 20 Horseshoe Drive, Naples, FL 34104. 21 Secs. 62-29-62.30. –Reserved. 22 DIVISION 4. - PERMITS 23 Sec. 62-31. - Permits required. Any owner or owner's authorized agent (hereinafter"applicant") 24 who intends to undertake any development activity within the scope of this ordinance, including 25 buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or 26 partially within any flood hazard area shall first make application to the Floodplain Administrator, 27 and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No 28 such permit or approval shall be issued until compliance with the requirements of this ordinance and 29 all other applicable codes and regulations has been satisfied. 30 Sec. 62-32. - Floodplain development permits or approvals. Floodplain development permits 31 or approvals shall be issued pursuant to this ordinance for any development activities not subject to 32 the requirements of the Florida Building Code, including buildings, structures and facilities exempt 33 from the Florida Building Code. Depending on the nature and extent of proposed development that 34 includes a building or structure, the Floodplain Administrator may determine that a floodplain 35 development permit or approval is required in addition to a building permit. 36 Sec. 62-33. - Buildings, structures and facilities exempt from the Florida Building Code. 37 Pursuant to the requirements of federal regulation for participation in the National Flood Insurance 38 Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall 39 be required for the following buildings, structures and facilities that are exempt from the Florida 40 Building Code and any further exemptions provided by law,which are subject to the requirements 41 of this ordinance: 1Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (1) Railroads and ancillary facilities associated with the railroad. 2 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 3 (3) Temporary buildings or sheds used exclusively for construction purposes. 4 (4) Mobile or modular structures used as temporary offices. 5 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which 6 are directly involved in the generation, transmission, or distribution of electricity. 7 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe 8 of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden 9 hut that has a thatched roof of palm or palmetto or other traditional materials, and that 10 does not incorporate any electrical, plumbing, or other non-wood features. 11 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and 12 assembled on site or preassembled and delivered on site and have walls, roofs, and a 13 floor constructed of granite, marble, or reinforced concrete. 14 (8) Temporary housing provided by the Department of Corrections to any prisoner in the state 15 correctional system. 16 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida 17 Building Code if such structures are located in flood hazard areas established on Flood 18 Insurance Rate Maps 19 20 Sec. 62-34.-Application for a permit or approval.To obtain a floodplain development permit 21 or approval the applicant shall first file an application in writing on a form furnished by the 22 community. The information provided shall: 23 (1) Identify and describe the development to be covered by the permit or approval. 24 (2) Describe the land on which the proposed development is to be conducted by legal 25 description, street address or similar description that will readily identify and definitively 26 locate the site. 27 (3) Indicate the use and occupancy for which the proposed development is intended. 28 (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this 29 article. 30 (5) State the valuation of the proposed work. 31 (6) Be signed by the applicant or the applicant's authorized agent. 32 (7) Give such other data and information as required by the Floodplain Administrator. 33 (8) A signed Declaration of Land Restriction (Non-conversion Agreement) shall be recorded 34 on the property deed prior to issuance of the certificate of occupancy or certificate of 35 completion for the following: 36 a. An enclosure below an elevated building 37 b. A crawl/underfloor space that are more than 5 feet in height(measured from the 38 lowest interior grand or floor to the bottom of the floor system above) 39 o_ A detached structure that is not elevated and is larger than 120 square feet in 71 Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 area. 2 3 Sec. 62-35.-Validity of permit or approval.The issuance of a floodplain development permit 4 or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, 5 any violation of this ordinance, the Florida Building Codes, or any other ordinance of this 6 community. The issuance of permits based on submitted applications, construction documents, 7 and information shall not prevent the Floodplain Administrator from requiring the correction of 8 errors and omissions. 9 Sec. 62-36. - Expiration. A floodplain development permit or approval shall become invalid 10 unless the work authorized by such permit is commenced within 180 days after its issuance, or if 11 the work authorized is suspended or abandoned for a period of 180 days after the work 12 commences. Extensions for periods of not more than 180 days each shall be requested in writing 13 and justifiable cause shall be demonstrated. 14 Sec. 62-37. - Suspension or revocation. The Floodplain Administrator is authorized to 15 suspend or revoke a floodplain development permit or approval if the permit was issued in 16 error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this 17 ordinance or any other ordinance, regulation or requirement of this community. 18 Sec. 62-38. - Other permits required. Floodplain development permits and building permits 19 shall include a condition that all other applicable state or federal permits be obtained before 20 commencement of the permitted development, including but not limited to the following: 21 (1) The South Florida Water Management District; section 373.036, F.S. 22 (2) Florida Department of Health for onsite sewage treatment and disposal systems; 23 section 381.0065, F.S. and Chapter 64E-6, F.A.C. 24 (3) Florida Department of Environmental Protection for construction, reconstruction, 25 changes, or physical activities for shore protection or other activities seaward of the 26 coastal construction control line; section 161.141, F.S. 27 (4) Florida Department of Environmental Protection for activities subject to the Joint 28 Coastal Permit; section 161.055, F.S. 29 (5) Florida Department of Environmental Protection for activities that affect wetlands 30 and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; 31 Section 404 of the Clean Water Act. 32 (6) Federal permits and approvals. 33 Secs. 62-39-62.40. –Reserved. 34 DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS 35 Sec. 62-41. - Information for development in flood hazard areas. The Floodplain 36 Administrator is authorized to waive the submission of site plans, construction documents, and 37 other data that are required by this ordinance but that are not required to be prepared by a 38 registered design professional if it is found that the nature of the proposed development is such Wage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 that the review of such submissions is not necessary to ascertain compliance with this ordinance. 2 The site plan or construction documents for any development subject to the requirements of this 3 ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 4 (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 5 flood elevation(s), and ground elevations if necessary for review of the proposed 6 development. 7 (2) Where base flood elevations, or floodway data are not included on the FIRM or 8 in the Flood Insurance Study, they shall be established in accordance with Section 62- 9 42(2) or(3)of this ordinance. 10 (3) Where the parcel on which the proposed development will take place will have 11 more than 50 lots or is larger than 5 acres and the base flood elevations are not included 12 on the FIRM or in the Flood Insurance Study, such elevations shall be established in 13 accordance with Section 62-42(1) of this ordinance. 14 (4) Location of the proposed activity and proposed structures, and locations of 15 existing buildings and structures; in coastal high hazard areas, new buildings shall 16 be located landward of the reach of mean high tide. 17 (5) Location, extent, amount, and proposed final grades of any filling, grading, or 18 excavation. 19 (6) Where the placement of fill is proposed, the amount, type, and source of fill 20 material; compaction specifications; a description of the intended purpose of the fill areas; 21 and evidence that the proposed fill areas are the minimum necessary to achieve the 22 intended purpose. 23 (7) Delineation of the Coastal Construction Control Line or notation that the site is 24 seaward of the coastal construction control line, if applicable. 25 (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided 26 such alteration is approved by the Florida Department of Environmental Protection. 27 (9) Existing and proposed alignment of any proposed alteration of a watercourse. 28 Sec. 62-42. - Information in flood hazard areas without base flood elevations (approximate 29 Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data 30 have not been provided, the Floodplain Administrator shall: 31 (1) Require the applicant to include base flood elevation data prepared in 32 accordance with currently accepted engineering practices. 33 (2) Obtain, review, and provide to applicants base flood elevation and floodway data 34 available from a federal or state agency or other source or require the applicant to obtain 35 and use base flood elevation and floodway data available from a federal or state agency 36 or other source. 91 Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (3) Where base flood elevation and floodway data are not available from another 2 source, where the available data are deemed by the Floodplain Administrator to not 3 reasonably reflect flooding conditions, or where the available data are known to be 4 scientifically or technically incorrect or otherwise inadequate: 5 (a) Require the applicant to include base flood elevation data prepared in 6 accordance with currently accepted engineering practices; or 7 (b) Specify that the base flood elevation is four (4) feet above the highest 8 adjacent grade or Wet Season Water Table, whichever is higher, OR if utilizing a 9 pressurized septic design, engineering justifications, considering adjacent flood 10 elevations and other applicable criteria, may be presented to the Floodplain 11 Administrator for consideration of a lowered flood elevation, but in no case can 12 the lowest floor be less than three (3) feet above the highest adjacent grade or 13 Wet Season Water Table, whichever is higher at the location of the development, 14 provided there is no evidence indicating flood depths have been or may be greater 15 than the proposed elevation. 16 (4) Where the base flood elevation data are to be used to support a Letter of Map 17 Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida 18 licensed engineer in a format required by FEMA, and that it shall be the responsibility of 19 the applicant to satisfy the submittal requirements and pay the processing fees. 20 Sec. 62-43. - Additional analyses and certifications. As applicable to the location and nature 21 of the proposed development activity, and in addition to the requirements of this section, the 22 applicant shall have the following analyses signed and sealed by a Florida licensed engineer for 23 submission with the site plan and construction documents: 24 (1) For development activities proposed to be located in a regulatory floodway, a 25 floodway encroachment analysis that demonstrates that the encroachment of the 26 proposed development will not cause any increase in base flood elevations; where the 27 applicant proposes to undertake development activities that do increase base flood 28 elevations, the applicant shall submit such analysis to FEMA as specified in Section 62- 29 44 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by 30 FEMA, with the site plan and construction documents. 31 (2) For development activities proposed to be located in a riverine flood hazard area 32 for which base flood elevations are included in the Flood Insurance Study or on the 33 FIRM and floodways have not been designated, hydrologic and hydraulic analyses that 34 demonstrate that the cumulative effect of the proposed development, when combined 35 with all other existing and anticipated flood hazard area encroachments, will not 36 increase the base flood elevation more than one (1) foot at any point within the 37 community. This requirement does not apply in isolated flood hazard areas not 38 connected to a riverine flood hazard area or in flood hazard areas identified as Zone 39 AO or Zone AH. 40 (3) For alteration of a watercourse, an engineering analysis prepared in accordance 41 with standard engineering practices which demonstrates that the flood-carrying capacity 10IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 of the altered or relocated portion of the watercourse will not be decreased, and 2 certification that the altered watercourse shall be maintained in a manner which 3 preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to 4 FEMA as specified in Section 62-44 of this ordinance. 5 (4) For activities that propose to alter sand dunes or mangrove stands in coastal 6 high hazard areas(Zone V), an engineering analysis that demonstrates that the proposed 7 alteration will not increase the potential for flood damage. 8 Sec. 62-44. - Submission of additional data. When additional hydrologic, hydraulic or other 9 engineering data, studies, and additional analyses are submitted to support an application, the 10 applicant has the right to seek a Letter of Map Change from FEMA to change the base flood 11 elevations, change floodway boundaries, or change boundaries of flood hazard areas shown 12 on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared 13 by a Florida licensed engineer in a format required by FEMA. Submittal requirements and 14 processing fees shall be the responsibility of the applicant. 15 Secs. 62-45-62.50. –Reserved. 16 DIVISION 6. - INSPECTIONS 17 Sec. 62-61. - General. Development for which a floodplain development permit or approval 18 is required shall be subject to inspection. 19 Sec. 62-62. - Development other than buildings and structures. The Floodplain 20 Administrator shall inspect all development to determine compliance with the requirements of 21 this ordinance and the conditions of issued floodplain development permits or approvals. 22 Sec. 62-63. - Buildings, structures and facilities exempt from the Florida Building Code. 23 The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the 24 Florida Building Code to determine compliance with the requirements of this ordinance and the 25 conditions of issued floodplain development permits or approvals. 26 Sec. 62-64. - Buildings, structures and facilities exempt from the Florida Building Code, 27 lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to 28 further vertical construction, the owner of a building, structure or facility exempt from the Florida 29 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 30 (1) If a design flood elevation was used to determine the required elevation of the 31 lowest floor, the certification of elevation of the lowest floor prepared and sealed by a 32 Florida licensed professional surveyor; or 33 (2) If the elevation used to determine the required elevation of the lowest floor was 34 determined in accordance with Section 62-42(3)(b) of this ordinance, the documentation 35 of height of the lowest floor above highest adjacent grade, prepared by the owner or the 36 owner's authorized agent. 37 Sec. 62-65. - Buildings, structures and facilities exempt from the Florida Building Code, 38 final inspection. As part of the final inspection, the owner or owner's authorized agent shall 11 I P H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final 2 documentation of the height of the lowest floor above the highest adjacent grade; such 3 certifications and documentations shall be prepared as specified in Section 62-64 of this 4 ordinance. 5 Sec. 62-66.-Manufactured homes.The Floodplain Administrator shall inspect manufactured 6 homes that are installed or replaced in flood hazard areas to determine compliance with the 7 requirements of this ordinance and the conditions of the issued permit. Upon placement of a 8 manufactured home, certification of the elevation of the lowest floor shall be submitted to the 9 Floodplain Administrator. 10 Secs. 62-67-62.70. –Reserved. 11 DIVISION 7. -VARIANCES AND APPEALS 12 Sec. 62-71. - Variances and appeals; in general. Requests for appeals and requests for 13 variances shall be processed in accordance with this section. Requests for appeals and 14 variances shall be accompanied with the fee specified in the Growth Management Department, 15 Development Services Fee Schedule. 16 (1) The Board of Zoning and Appeals shall hear and decide on requests for appeals when it 17 is alleged there is an error in any requirement, decision, or determination made by the 18 Floodplain Administrator in the administration and enforcement of this ordinance. The 19 Board of Zoning and Appeals shall hear requests for variances from the strict application 20 of the requirements of this ordinance and which are not requirements of the Florida 21 Building Code, in accordance with LDC section 10.09.00. Any person aggrieved by the 22 decision of the Board of Zoning and Appeals may appeal such decision to the Circuit 23 Court, as provided by Florida Statutes. 24 (2) Pursuant to section 553.73(5), F.S., the Board of Building Adjustments and Appeals shall 25 hear and decide on requests for appeals and requests for variances from the strict 26 application of the flood resistant construction requirements of the Florida Building Code. 27 This section does not apply to Section 3109 of the Florida Building Code, Building. 28 Sec. 62-72. - Limitations on authority to grant variances. The BZA shall base its decisions on 29 variances on technical justifications submitted by applicants, the considerations for issuance in 30 Section 62-76 of this ordinance, the conditions of issuance set forth in Section 62-77 of this 31 ordinance, and the comments and recommendations of the Floodplain Administrator and the 32 Building Official. The BZA has the right to attach such conditions as it deems necessary to further 33 the purposes and objectives of this ordinance. 34 Sec. 62-73. - Restrictions in floodways. A variance shall not be issued for any proposed 35 development in a floodway if any increase in base flood elevations would result, as evidenced 36 by the applicable analyses and certifications required in Section 62-43 of this ordinance. 37 Sec. 62-74. - Historic buildings. A variance is authorized to be issued for the repair, 38 improvement, or rehabilitation of a historic building that is determined eligible for the exception to 39 the flood resistant construction requirements of the Florida Building Code, Existing Building, 40 Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or 12jPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 rehabilitation will not preclude the building's continued designation as a historic building and the 2 variance is the minimum necessary to preserve the historic character and design of the building. 3 If the proposed work precludes the building's continued designation as a historic building, a 4 variance shall not be granted and the building and any repair, improvement, and rehabilitation 5 shall be subject to the requirements of the Florida Building Code. 6 Sec. 62-75. - Functionally dependent uses. A variance is authorized to be issued for the 7 construction or substantial improvement necessary for the conduct of a functionally 8 dependent use, as defined in this ordinance, provided the variance meets the requirements of 9 Section 62-73, is the minimum necessary considering the flood hazard, and all due consideration 10 has been given to use of methods and materials that minimize flood damage during occurrence 11 of the base flood. 12 Sec. 62-76. - Considerations for issuance of variances. In reviewing requests for variances, 13 the BZA shall consider all technical evaluations, all relevant factors, all other applicable provisions 14 of the Florida Building Code, this ordinance, and the following: 15 (1) The danger that materials and debris may be swept onto other lands resulting in 16 further injury or damage; 17 (2) The danger to life and property due to flooding or erosion damage; 18 (3) The susceptibility of the proposed development, including contents, to flood 19 damage and the effect of such damage on current and future owners; 20 (4) The importance of the services provided by the proposed development to the 21 community; 22 (5) The availability of alternate locations for the proposed development that are 23 subject to lower risk of flooding or erosion; 24 (6) The compatibility of the proposed development with existing and anticipated 25 development; 26 (7) The relationship of the proposed development to the comprehensive plan and 27 floodplain management program for the area; 28 (8) The safety of access to the property in times of flooding for ordinary and 29 emergency vehicles; 30 (9) The expected heights, velocity, duration, rate of rise and debris and sediment 31 transport of the floodwaters and the effects of wave action, if applicable, expected at the 32 site; and 33 (10) The costs of providing governmental services during and after flood conditions 34 including maintenance and repair of public utilities and facilities such as sewer, gas, 35 electrical and water systems, streets and bridges. 36 Sec. 62-77. - Conditions for issuance of variances. Variances shall be issued only upon: 13IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (1) Submission by the applicant, of a showing of good and sufficient cause that the 2 unique characteristics of the size, configuration, or topography of the site limit compliance 3 with any provision of this ordinance or the required elevation standards; 4 (2) Determination by the BZA that: 5 (a) Failure to grant the variance would result in exceptional hardship due to the 6 physical characteristics of the land that render the lot undevelopable; increased 7 costs to satisfy the requirements or inconvenience do not constitute hardship; 8 (b) The granting of a variance will not result in increased flood heights, 9 additional threats to public safety, extraordinary public expense, nor create 10 nuisances, cause fraud on or victimization of the public or conflict with existing 11 local laws and ordinances; and 12 (c) The variance is the minimum necessary, considering the flood hazard, to 13 afford relief; 14 (3) Receipt of a signed statement by the applicant that the variance, if granted, shall 15 be recorded in the Office of the Clerk of the Court in such a manner that it appears in the 16 chain of title of the affected parcel of land; and 17 (4) If the request is for a variance to allow construction of the lowest floor of a new 18 building, or substantial improvement of a building, below the required elevation, a copy 19 in the record of a written notice from the Floodplain Administrator to the applicant for 20 the variance, specifying the difference between the base flood elevation and the 21 proposed elevation of the lowest floor, stating that the cost of federal flood insurance will 22 be commensurate with the increased risk resulting from the reduced floor elevation (up to 23 amounts as high as $25 for $100 of insurance coverage), and stating that construction 24 below the base flood elevation increases risks to life and property. 25 Secs. 62-78-62.80. –Reserved. 26 DIVISION 8. -VIOLATIONS 27 Sec. 62-81. - Violations. Any development that is not within the scope of the Florida Building 28 Code but that is regulated by this ordinance that is performed without an issued permit, that is in 29 conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed 30 a violation of this ordinance. A building or structure without the documentation of elevation of the 31 lowest floor, other required design certifications, or other evidence of compliance required by this 32 ordinance or the Florida Building Code is presumed to be a violation until such time as that 33 documentation is provided. 34 Sec. 62-82. - Authority. For development that is not within the scope of the Florida Building 35 Code but that is regulated by this ordinance and that is determined to be a violation, the 36 Floodplain Administrator is authorized to serve notices of violation or stop work orders to 37 owners of the property involved, to the owner's agent, or to the person or persons performing the 38 work. 14IPa e H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Sec. 62-83. -Unlawful continuance. Any person who shall continue any work after having been 2 served with a notice of violation or a stop work order, except such work as that person is directed 3 to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as 4 prescribed in the Collier County Consolidated Code Enforcement Ordinance as it may be 5 amended or replaced. 6 Secs. 62-84-62.90. –Reserved. 7 DIVISION 9. -TEMPORARY EMERGENCY HOUSING 8 Sec. 62-91.-Establishing the need for temporary emergency housing. To establish the need 9 for temporary emergency housing, the Board of County Commissioners must determine and 10 declare by simple majority vote that an emergency condition exists due to a natural or man-made 11 disaster. Based upon that disaster declaration the County Manager, through the Emergency 12 Management Director and the Floodplain Administrator, is authorized to allow for temporary 13 emergency housing in the special flood hazard area. 14 Sec. 62-92. - Placement of temporary emergency housing within the flood hazard area.The 15 Board of County Commissioners or the County Manager or designee, in coordination with the 16 Floodplain Administrator, may allow for post-disaster emergency temporary manufactured 17 homes, recreational vehicles or similar resources provided by FEMA, the Florida Division of 18 Emergency Management, the Collier County Department of Emergency Management or 19 successor of any of the previously described organizations, within the flood hazard areas for a 20 period of six months. This period may be extended by the Board taking the extent and severity of 21 the disaster into account. 22 Sec. 62-93. - Coastal high hazard area. Temporary emergency housing shall not be located 23 within the coastal high hazard area (Zone V). 24 Sec. 62-94. - Installation standards. Manufactured homes shall be placed in a manner 25 consistent with Division 4 of Article Ill. Recreational vehicles or similar road ready vehicles shall 26 comply with the requirements of Division 5 of Article Ill. 27 Sec. 62-05. - Emergency notification and evacuation plan. An emergency notification and 28 evacuation plan shall be prepared to ensure the safety of the occupants of the temporary 29 emergency housing. The emergency notification and evacuation plan shall be submitted, within 30 thirty (30) days of occupancy of the temporary emergency housing units, for review and 31 approval to the Collier County Department of Emergency Management. 32 Sec. 62-96. - Permit for the Temporary Placement of Emergency Housing. Prior to the 33 placement of all temporary emergency housing in the special flood hazard area,the applicant 34 shall be required to submit a temporary permit application to the Floodplain Administrator 35 affirming that the structure is in compliance with this section and 44 CFR 60.3 (e). 36 Sec. 62-97. -Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this 37 section shall be consistent with the Code of Laws and Ordinances Chapter 38 – Civil 38 Emergencies. 39 Secs. 62-98-62.100. –Reserved. 15IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 ARTICLE II. - DEFINITIONS AND ACRONYMS 2 Sec. 62-101. — General. Unless otherwise expressly stated, the following words, terms, and 3 acronyms shall, for the purposes of this ordinance, have the meanings shown in this section. 4 Where terms are not defined in this ordinance and are defined in the Florida Building Code, such 5 terms shall have the meanings ascribed to them in that code. Where terms are not defined in this 6 ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such 7 as the context implies. 8 Sec. 62-102. —Definitions. 9 Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel 10 alignment, channelization, or change in cross-sectional area of the channel or the channel 11 capacity, or any other form of modification which may alter, impede, retard or change the direction 12 and/or velocity of the riverine flow of water during conditions of the base flood. 13 Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision 14 of this ordinance. 15 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the 16 Florida Building Code. ASCE 24 is developed and published by the American Society of Civil 17 Engineers, Reston, VA. 18 Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. 19 [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100 year 20 flood" or the "1-percent-annual chance flood." 21 Base flood elevation. The elevation of the base flood, including wave height, relative to the 22 National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other 23 datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 24 202.] 25 Basement. The portion of a building having its floor subgrade (below ground level) on all sides. 26 [Also defined in FBC, B, Section 202.] 27 Coastal construction control line. The line established by the State of Florida pursuant to 28 section 161.053, F.S., and recorded in the official records of the community, which defines that 29 portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, 30 storm waves or other predictable weather conditions. 31 Coastal A Zone. Area within a special flood hazard area, landward of a Zone V or landward of 32 an open coast without mapped coastal high hazard areas.The inland limit of the Coastal A Zone 33 is the Limit of Moderate Wave Action where delineated on the Flood Insurance Rate Map 34 (FIRM). 35 Coastal high hazard area. A special flood hazard area extending from offshore to the inland 36 limit of a primary frontal dune along an open coast and any other area subject to high velocity 37 wave action from storms or seismic sources. Coastal high hazard areas are also referred to as 16 I a e H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on 2 Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. 3 Declaration of Land Restriction (Non-conversion Agreement). A form provided by the 4 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official 5 Records of the Clerk of Courts. stating the owner agrees to not convert or modify the following 6 construction in any manner that is inconsistent with the terms of the building permit and this 7 ordinance: (1) an enclosure below an elevated building. (2) crawl/underfloor spaces that are 8 more than 5 feet in height (measured from the lowest interior grade or floor to the bottom of the 9 floor system above): (3) a detached structure that is not elevated and is larger than 120 square 10 feet in area. 11 Design flood. The flood associated with the greater of the following two areas: [Also defined in 12 FBC, B, Section 202.] 13 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any 14 year; or 15 (2) Area designated as a flood hazard area on the community's flood hazard map, or 16 otherwise legally designated. 17 Design flood elevation. The elevation of the "design flood," including wave height, relative to 18 the datum specified on the community's legally designated flood hazard map. In areas designated 19 as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the 20 building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas 21 designated as Zone AO where the depth number is not specified on the map, the depth number 22 shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] 23 Development. Any man-made change to improved or unimproved real estate, including but not 24 limited to, buildings or other structures, tanks, temporary structures, temporary or permanent 25 storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling 26 operations or any other land disturbing activities. 27 Encroachment. The placement of fill, excavation, buildings, permanent structures or other 28 development into a flood hazard area which may impede or alter the flow capacity of riverine 29 flood hazard areas. 30 Existing building and existing structure. Any buildings and structures for which the start of 31 construction commenced before September 4, 1979. [Also defined in FBC, B, Section 202.] 32 Existing manufactured home park or subdivision. A manufactured home park or subdivision 33 for which the construction of facilities for servicing the lots on which the manufactured homes 34 are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, 35 and either final site grading or the pouring of concrete pads) is completed before September 4, 36 1979. 37 Expansion to an existing manufactured home park or subdivision. The preparation of 38 additional sites by the construction of facilities for servicing the lots on which the manufactured 17 Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 homes are to be affixed(including the installation of utilities,the construction of streets, and either 2 final site grading or the pouring of concrete pads). 3 Federal Emergency Management Agency (FEMA). The federal agency that, in addition to 4 carrying out other functions, administers the National Flood Insurance Program. 5 Flood or flooding. A general and temporary condition of partial or complete inundation of 6 normally dry land from: [Also defined in FBC, B, Section 202.] 7 (1) The overflow of inland or tidal waters. 8 (2) The unusual and rapid accumulation or runoff of surface waters from any source. 9 Flood damage-resistant materials.Any construction material capable of withstanding direct and 10 prolonged contact with floodwaters without sustaining any damage that requires more than 11 cosmetic repair. [Also defined in FBC, B, Section 202.] 12 Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 13 202.] 14 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in 15 any year. 16 (2) The area designated as a flood hazard area on the community's flood hazard 17 map, or otherwise legally designated. 18 Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal 19 Emergency Management Agency has delineated both special flood hazard areas and the risk 20 premium zones applicable to the community. [Also defined in FBC, B, Section 202.] 21 Flood Insurance Study (FIS). The official report provided by the Federal Emergency 22 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and 23 Floodway Map (if applicable), the water surface elevations of the base flood, and supporting 24 technical data. [Also defined in FBC, B, Section 202.] 25 Floodplain Administrator. The office or position designated and charged with the administration 26 and enforcement of this ordinance. 27 Floodplain development permit or approval. An official document or certificate issued by the 28 community, or other evidence of approval or concurrence, which authorizes performance of 29 specific development activities that are located in flood hazard areas and that are determined 30 to be compliant with this ordinance. For the purposes of this Ordinance, this is synonymous with 31 the local site development plan, construction plans, or building permit, as applicable, (i.e., any 32 County authorization which must be approved by the County prior to proceeding with any 33 "development".) 34 Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that 35 must be reserved in order to discharge the base flood without cumulatively increasing the water 36 surface elevation more than one (1)foot. [Also defined in FBC, B, Section 202.] 18I ape H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Floodway encroachment analysis. An engineering analysis of the impact that a proposed 2 encroachment into a floodway is expected to have on the floodway boundaries and base flood 3 elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using 4 standard engineering methods and models. 5 Florida Building Code. The family of codes adopted by the Florida Building Commission, 6 including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building 7 Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; 8 Florida Building Code, Fuel Gas. 9 Functionally dependent use. A use which cannot perform its intended purpose unless it is 10 located or carried out in close proximity to water, including only docking facilities, port facilities 11 that are necessary for the loading and unloading of cargo or passengers, and ship building and 12 ship repair facilities; the term does not include long-term storage or related manufacturing 13 facilities. 14 Hardship. As related to variances from this Ordinance, hardship means the exceptional 15 hardship associated with the land that would result from a failure to grant the requested variance. 16 The community requires that the variance is exceptional, unusual, and peculiar to the property 17 involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic 18 considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors 19 likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be 20 resolved through other means without granting a variance, even if the alternative is more 21 expensive, or requires the property owner to build elsewhere or put the parcel to a different use 22 than originally intended. 23 Highest adjacent grade. The highest natural elevation of the ground surface prior to 24 construction next to the proposed walls or foundation of a structure. 25 Historic structure. Any structure that is determined eligible for the exception to the flood hazard 26 area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 27 Letter of Map Change (LOMC). An official determination issued by FEMA that amends or 28 revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map 29 Change include: 30 Letter of Map Amendment(LOMA): An amendment based on technical data showing that 31 a property was incorrectly included in a designated special flood hazard area. A LOMA 32 amends the current effective Flood Insurance Rate Map and establishes that a specific 33 property, portion of a property, or structure is not located in a special flood hazard area. 34 Letter of Map Revision (LOMR): A revision based on technical data that may show 35 changes to flood zones, flood elevations, special flood hazard area boundaries and 36 floodway delineations, and other planimetric features. 37 Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel 38 of land has been elevated by fill above the base flood elevation and is,therefore, no longer 39 located within the special flood hazard area. In order to qualify for this determination, 19IPa e H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 the fill must have been permitted and placed in accordance with the community's 2 floodplain management regulations. 3 Conditional Letter of Map Revision(CLOMR): A formal review and comment as to whether 4 a proposed flood protection project or other project complies with the minimum NFIP 5 requirements for such projects with respect to delineation of special flood hazard areas. 6 A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance 7 Study; upon submission and approval of certified as-built documentation, a Letter of Map 8 Revision may be issued by FEMA to revise the effective FIRM. 9 Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds 10 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less 11 and which has a basic vehicle frontal area of 45 square feet or less, which is: 12 (1) Designed primarily for purposes of transportation of property or is a derivation of 13 such a vehicle, or 14 (2) Designed primarily for transportation of persons and has a capacity of more than 15 12 persons; or 16 (3) Available with special features enabling off-street or off-highway operation and 17 use. 18 Limit of Moderate Wave Action (LiMWA). Line shown on FIRMs to indicate the inland limit of 19 the 11/2-foot breaking wave height during the base flood. 20 Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including 21 basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, 22 usable solely for vehicle parking, building access or limited storage provided that such enclosure 23 is not built so as to render the structure in violation of the non-elevation requirements of the Florida 24 Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] 25 Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a 26 copious development of interlacing adventitious roots above ground and which contain one or 27 more of the following species: Black mangrove(Avicennia germinans); red mangrove(Rhizophora 28 mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erecta). 29 Manufactured home. A structure, transportable in one or more sections, which is eight (8)feet 30 or more in width and greater than four hundred (400) square feet, and which is built on a 31 permanent, integral chassis and is designed for use with or without a permanent foundation when 32 attached to the required utilities. The term "manufactured home"does not include a "recreational 33 vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.] 34 Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into 35 two or more manufactured home lots for rent or sale. 36 Market value. The price at which a property will change hands between a willing buyer and a 37 willing seller, neither party being under compulsion to buy or sell and both having reasonable 38 knowledge of relevant facts. As used in this ordinance, the term refers to the market value of 20IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 buildings and structures, excluding the land and other improvements on the parcel. Market value 2 may be established by a qualified independent appraiser, Actual Cash Value (replacement cost 3 depreciated for age and quality of construction), or tax assessment value adjusted to approximate 4 market value by a factor provided by the Property Appraiser 5 National Geodetic Vertical Datum(NGVD)of 1929 means a vertical control used as a reference 6 for establishing varying elevations within the Floodplain. Elevation information based upon NGVD 7 and used for Floodplain management purposes prior to March 14, 2011, may continue to be used 8 provided there is also converted elevation information based upon NAVD. After March 14, 2011, 9 all elevation information submitted with a Development permit shall utilize NAVD. 10 New construction. For the purposes of administration of this ordinance and the flood resistant 11 construction requirements of the Florida Building Code, structures for which the start of 12 construction commenced on or after September 4, 1979 and includes any subsequent 13 improvements to such structures. 14 New manufactured home park or subdivision. A manufactured home park or subdivision 15 for which the construction of facilities for servicing the lots on which the manufactured homes 16 are to be affixed (including at a minimum, the installation of utilities, the construction of streets, 17 and either final site grading or the pouring of concrete pads) is completed on or after September 18 4, 1979. 19 North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference 20 for establishing varying elevations within the Floodplain. After March 14, 2011, all elevation 21 information submitted with a Development permit shall utilize NAVD. 22 Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and 23 which is built on a single chassis and is designed to provide seasonal or temporary living quarters 24 when connected to utilities necessary for operation of installed fixtures and appliances. [Defined 25 in 320.01, F.S.] 26 Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.) 27 (1) Built on a single chassis; 28 (2) Four hundred (400) square feet or less when measured at the largest horizontal 29 projection; 30 (3) Designed to be self propelled or permanently towable by a light-duty truck; and 31 (4) Designed primarily not for use as a permanent dwelling but as temporary living 32 quarters for recreational, camping, travel, or seasonal use. 33 Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the 34 beach. 35 Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of 36 flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al 37 A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.] 21IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Start of construction. The date of issuance for new construction and substantial 2 improvements to existing structures, provided the actual start of construction, repair, 3 reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the 4 date of the issuance. The actual start of construction means either the first placement of 5 permanent construction of a building (including a manufactured home) on a site, such as the 6 pouring of slab or footings, the installation of piles, or the construction of columns. 7 Permanent construction does not include land preparation (such as clearing, grading, or 8 filling), the installation of streets or walkways, excavation for a basement, footings, piers, or 9 foundations, the erection of temporary forms or the installation of accessory buildings such as 10 garages or sheds not occupied as dwelling units or not part of the main buildings. For a 11 substantial improvement, the actual "start of construction" means the first alteration of any wall, 12 ceiling,floor or other structural part of a building,whether or not that alteration affects the external 13 dimensions of the building. [Also defined in FBC, B Section 202.] 14 Substantial damage. Damage of any origin sustained by a building or structure whereby the cost 15 of restoring the building or structure to its before-damaged condition would equal or exceed 50 16 percent of the market value of the building or structure before the damage occurred. [Also 17 defined in FBC, B Section 202.] 18 Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other 19 improvement of a building or structure, the cost of which equals or exceeds 50 percent of the 20 market value of the building or structure before the improvement or repair is started. If the 21 structure has incurred substantial damage, any repairs are considered substantial improvement 22 regardless of the actual repair work performed. The term does not, however, include either: [Also 23 defined in FBC, B, Section 202.] 24 (1) Any project for improvement of a building required to correct existing health, 25 sanitary, or safety code violations identified by the building official and that are the 26 minimum necessary to assure safe living conditions. 27 (2) Any alteration of a historic structure provided the alteration will not preclude the 28 structure's continued designation as a historic structure. [See Instructions and Notes] 29 Temporary emergency housing: Typically provided by FEMA or the Florida Division of 30 Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or 31 the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida 32 Division of Emergency Management may provide housing resources via its contractor or other 33 approved agency such as the U.S. Department of Housing and Urban Development and others 34 to provide for temporary emergency housing including but not limited to: modular homes, mobile 35 homes, component homes, cottages, camper trailers, or some other type of temporary living 36 quarters intended to house displaced residents impacted by a natural or man-made disaster 37 event. 38 Variance. A grant of relief from the requirements of this ordinance, or the flood resistant 39 construction requirements of the Florida Building Code, which permits construction in a manner 40 that would not otherwise be permitted by this ordinance or the Florida Building Code. 22Ifja H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other 2 topographic feature in, on, through, or over which water flows at least periodically. The 3 watercourse does not include the adjoining floodplain areas. 4 Wet season water table elevation (WSWT). The elevation, in relation to the NAVD of 1988, of 5 the groundwater during that period of time each year in which the upper surface of the 6 groundwater, or that level below which the soil or underlying rock material is wholly saturated with 7 water, can normally be expected to be at its highest level. Water table elevation is measured 8 from the soil surface downward to the upper level of saturated soil or upward to the free water 9 level. The WSWT may be determined using the South Florida Water Management District's 10 Environmental Resource Permit Information Manual 2014 (amended through August 7, 2016), 11 Part 111 – References and Design Aids, Section D (Determination of Seasonal High Water 12 Table), as amended, or other methodology as approved by the Florida Department of 13 Environmental Protection. 14 Zone X. The designation used on Flood Insurance Rate Maps to identify areas outside the 15 Special Flood Hazard Area. No flood elevations or depths are shown in this zone, and 16 mandatory Federal flood insurance purchase requirements do not apply. Flood insurance is 17 optional and available. Zone X may be: 18 • Zone X-500 (also known as Zone X Shaded)which represents the area outside of 19 the 1-percent annual chance Floodplain but within the 0.2-percent annual chance 20 Floodplain, and 21 • Zone X (also known as Zone X Unshaded) which represents the area outside of 22 the 0.2-percent annual chance Floodplain. 23 Sec. 62-103. –Acronyms. 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 25 Secs. 62-104-62.110. – Reserved. 26 ARTICLE III. - FLOOD RESISTANT DEVELOPMENT 27 DIVISION 1. - BUILDINGS AND STRUCTURES 28 Sec. 62-111. –Design and construction of buildings, structures and facilities exempt from 29 the Florida Building Code. Pursuant to Section 62-33 of this ordinance, buildings, structures, 30 and facilities that are exempt from the Florida Building Code, including substantial improvement 23 I ' : e H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 or repair of substantial damage of such buildings, structures and facilities, shall be designed and 2 constructed in accordance with the flood load and flood resistant construction requirements of 3 ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed 4 buildings shall comply with the requirements of Division 7 of this article. 5 Sec. 62-112. — Enclosures below the lowest floor. Enclosed areas below elevated buildings 6 and structures shall comply with the requirements of the Florida Building Code. shall be limited 7 to .arkina of vehicles. storage. and building access. and shall comply with the following: 8 1) Access to the enclosed area shall be minimum necessary to allow for parking of 9 vehicles (garage door), limited storage of maintenance equipment used in connection 10 with the premises (standard exterior door measuring 3.0 ft. by 8.0 ft.). or entry to the 11 living area (stairway or elevator): 12 (2) The interior portion of such enclosed area shall not be finished or temperature- 13 controlled (air conditioned): 14 (3) All areas that are partitioned within the enclosed area shall be vented in 15 accordance with the Florida Building Code: 16 (4) All construction below the lowest floor shall be built with flood damage-resistant 17 materials. for example: pressure treated wood and water-durable and mold resistant 18 cement backerboard: and 19 (5) Section 104.3, regarding a Declaration of Land Restriction (Non-conversion 20 agreement). 21 Sec. 62-113. — Detached accessory structures. Detached accessory structures that are not 22 elevated (garages, tool sheds, storage buildings, steel ISO 10'-20'-40' storage containers. etc.) 23 may be positioned on the ground or a slab. properly vented,and adequately anchored to withstand 24 wind and buoyancy forces. or secured to piers. A property owner must provide a signed 25 Declaration of Land Restriction(Non-conversion agreement)prior to the issuance of the certificate 26 of completion for detached accessory structures that are not elevated and are greater than 120 27 square feet. 28 Sec. 62-114.—Design and construction of nonresidential farm buildings on farms. Pursuant 29 to Section 62-33 of this ordinance. nonresidential farm buildings on farms that are exempt from 30 the Florida Building Code, including substantial improvement or repair of substantial damage 31 of such buildings. shall be designed and constructed in accordance with the flood load and flood 32 resistant construction requirements of ASCE 24. If required to be elevated in accordance with 33 ASCE 24. nonresidential farm buildings on farms shall be elevated to or above the base flood 34 elevation. Structures exempt from the Florida Building Code that are not walled and roofed 35 buildings shall comply with the requirements of Division 7 of this article. 36 Sec. 62-115. — Permanently-mounted air-conditioners, generators, and other exterior 37 mechanical equipment. When installed with new construction or replaced as part of substantial 38 improvement or repair of substantial damage. permanently-mounted air-conditioners.generators. 39 and other exterior mechanical equipment shall be elevated to or above the elevation required by 24IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 the Florida Building Code - Residential Sec. R322.1.6 or Florida Building Code — Building. Sec. 2 1612 (ASCE 24). as applicable. When not part of substantial improvement or repair of substantial 3 damage. replacement of permanently-mounted air-conditioners, generators. and exterior 4 mechanical equipment shall be elevated to or above the BFE or the lowest floor elevation of the 5 building served. 6 Sec. 62-116. —Pool Equipment. When installed with new construction. pool equipment shall be 7 elevated to or above the elevation required by the Florida Building Code — Residential R322.1.6 8 or Florida Building Code — Building. Sec. 1612 (ASCE 24), as applicable. Where new pool 9 equipment is installed on an existing pool. the pool equipment shall be elevated to or above the 10 lowest floor elevation of the building served.Where pool equipment is installed to replace existing 11 pool equipment.the new pool equipment shall be elevated to or above the elevation of the existing 12 pool equipment. In cases where the elevation of pool equipment will hinder access for repair and 13 maintenance, a letter may be submitted by the pool contractor to the building official 14 demonstrating that the equipment can be installed to resist flood forces and is GFI protected per 15 the National Electric Code (NEC) 2014. 680.21 (C ), as may be amended from time to time. 16 Sec. 62-117. — Buildings and structures seaward of the coastal construction control line. 17 If extending, in whole or in part, seaward of the coastal construction control line and also 18 located, in whole or in part, in a flood hazard area: 19 (1) Buildings and structures shall be designed and constructed to comply with the 20 more restrictive applicable requirements of the Florida Building Code, Building Section 21 3109 and Section 1612 or Florida Building Code, Residential Section R322. 22 (2) Minor structures and non-habitable major structures as defined in section 161.54, 23 F.S., shall be designed and constructed to comply with the intent and applicable provisions 24 of this ordinance and ASCE 24. 25 Sec. 62-118. — Lowest floor elevation requirements for Residential buildings. Area below the 26 lowest floor shall be limited to storage, access, and parking. 27 (1) Residential buildings subject to South Florida Water Management District Permit 28 requirements or were previously approved to a 100 year, three-day, zero- 29 discharge stormwater plan standard, shall have the lowest floor elevated at or 30 above the elevation required by the District Permit, Florida Building Code, or Sec. 31 62-119, below, as applicable. 32 (2) All residential buildings not subject to(1)and located in a flood hazard area, Zone 33 X-500, and Zone X shall have the lowest floor elevated at or above the elevation 34 required by the Florida Building code or as follows, whichever is higher: 35 a. Buildings located on a paved road must be elevated 18 inches above the 36 crown of the nearest street or interior finished roadway system. In the event 37 that the nearest street or interior finished roadway system is located on an 38 evacuation route or other unusually high pavement elevation as agreeable 39 by the County Engineer, the residential building may be elevated a 40 minimum of 18 inches above the crown of the nearest side street. 25IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 b. Residential buildings located on a graded or otherwise unfinished road 2 must be elevated a minimum of 24 inches above the crown of the nearest 3 street. 4 c. Attached garages and lanais for residential buildings shall have the lowest 5 slab at or above the crown of the nearest street. See Section 62-113 for 6 detached structures. 7 d. On parcels where unusual topographic conditions exist and the standard 8 conditions established in Subsection 62-118(1)a., b., and c. above cannot 9 be reasonably applied, the Building Official will consider requests to 10 decrease the lowest floor elevation. All requests will require an analysis, by 11 a professional engineer, of the 100-year, 3-day storm event using zero 12 discharge, for the entire discharge, for the drainage basin in which the 13 proposed structure is located. Reductions may be allowed on the basis of 14 the analysis, but in no case, shall the lowest floor be less than the elevation 15 required by the Florida Building Code. 16 Sec. 62-119 – Buildings and structures removed from the special flood hazard area. 17 Buildings and structures removed from the special flood hazard area shall be elevated so that 18 the lowest slab, such as a garage, lanai, enclosure, etc. is above the lowest lot elevation 19 (GROUND) as identified on the Letter of Map Change provided by FEMA. Further, the lowest 20 adjacent grade of a building or structure must be at or above the base flood elevation as 21 established on the DFIRM. 22 Secs. 62-120-62.130. – Reserved. 23 DIVISION 2. - SUBDIVISIONS 24 Sec. 62-131. – Minimum requirements. Subdivision proposals, including proposals for 25 manufactured home parks and subdivisions, shall be reviewed to determine that: 26 (1) Such proposals are consistent with the need to minimize flood damage and will be 27 reasonably safe from flooding; 28 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base 29 flood elevations are not included on the FIRM, the base flood elevations are 30 determined in accordance with Section 62-42(1) of this ordinance; and 31 (3) All public utilities and facilities such as sewer, gas, electric, communications, and 32 water systems are located and constructed to minimize or eliminate flood damage; and 33 (4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 34 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 35 from proposed structures; and 36 (5) The site improvement and utilities requirements of Division 3 of this article are 37 satisfied. 38 Secs. 62-132-62.140.–Reserved. 26IPa „ e H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 2 Sec. 62-141. – Minimum requirements. All proposed new development shall be reviewed to 3 determine that: 4 (1) Such proposals are consistent with the need to minimize flood damage and will be 5 reasonably safe from flooding; 6 (2) All public utilities and facilities such as sewer, gas, electric, communications, and 7 water systems are located and constructed to minimize or eliminate flood damage; and 8 (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 9 and AO,adequate drainage paths shall be provided to guide floodwaters around and away 10 from proposed structures. 11 Sec. 62-142. – Sanitary sewage facilities. All new and replacement sanitary sewage facilities, 12 private sewage treatment plants (including all pumping stations and collector systems), and on- 13 site waste disposal systems shall be designed in accordance with the standards for onsite sewage 14 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or 15 eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood 16 waters, and impairment of the facilities and systems. 17 Sec. 62-143. –Water supply facilities. All new and replacement water supply facilities shall be 18 designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. 19 and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 20 Sec. 62-144. – Limitations on sites in regulatory floodways. No development, including but 21 not limited to site improvements, and land disturbing activity involving fill or regrading, shall be 22 authorized in the regulatory floodway unless the floodway encroachment analysis required in 23 Section 62-43(1) of this ordinance demonstrates that the proposed development or land 24 disturbing activity will not result in any increase in the base flood elevation. 25 Sec. 62-145. – Limitations on placement of fill. Subject to the limitations of this ordinance, fill 26 shall be designed to be stable under conditions of flooding including rapid rise and rapid 27 drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and 28 scour. In addition to these requirements, if intended to support buildings and structures (Zone A 29 only), fill shall comply with the requirements of the Florida Building Code. 30 Sec. 62-146. – Limitations on sites in coastal high hazard areas (Zone V). In coastal high 31 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such 32 alteration is approved by the Florida Department of Environmental Protection and only if the 33 engineering analysis required by Section 62-43(4) of this ordinance demonstrates that the 34 proposed alteration will not increase the potential for flood damage. Construction or restoration 35 of dunes under or around elevated buildings and structures shall comply with Section 62-198(3) 36 of this ordinance. 37 Secs. 62-147-62.150.–Reserved. 38 DIVISION 4. - MANUFACTURED HOMES 27IPape H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Sec. 62-151. — General. All manufactured homes installed in flood hazard areas shall be 2 installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with 3 the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located 4 seaward of the coastal construction control line, all manufactured homes shall comply with 5 the more restrictive of the applicable requirements. 6 Sec. 62-152. — Foundations. All new manufactured homes and replacement manufactured 7 homes installed in flood hazard areas shall be installed on permanent foundations that: 8 (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are 9 designed in accordance with the foundation requirements of the Florida Building Code, 10 Residential Section R322.2 and this ordinance. Foundations for manufactured homes 11 subject to Section 62-156 of this ordinance are permitted to be reinforced piers or other 12 foundation elements of at least equivalent strength. 13 (2) In coastal high hazard areas (Zone V), are designed in accordance with the 14 foundation requirements of the Florida Building Code, Residential Section R322.3 and this 15 ordinance. 16 Sec. 62-153. — Anchoring. All new manufactured homes and replacement manufactured 17 homes shall be installed using methods and practices which minimize flood damage and shall be 18 securely anchored to an adequately anchored foundation system to resist flotation, collapse or 19 lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or 20 frame ties to ground anchors. This anchoring requirement is in addition to applicable state and 21 local anchoring requirements for wind resistance. 22 Sec. 62-154. — Elevation. Manufactured homes that are placed, replaced, or substantially 23 improved shall comply with Section 62-155 or 62-156 of this ordinance, as applicable. 24 Sec. 62-155. — General elevation requirement. Unless subject to the requirements of Section 25 62-154 of this ordinance, all manufactured homes that are placed, replaced, or substantially 26 improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a 27 new manufactured home park or subdivision; (c) in an expansion to an existing 28 manufactured home park or subdivision; or (d) in an existing manufactured home park or 29 subdivision upon which a manufactured home has incurred substantial damage as the result 30 of a flood, shall be elevated such that the lowest floor is at or above the elevation required, as 31 applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 32 (Zone A)or Section R322.3 (Zone V). 33 Sec. 62-156. — Elevation requirement for certain existing manufactured home parks and 34 subdivisions. Manufactured homes that are not subject to Section 62-155 of this ordinance, 35 including manufactured homes that are placed, replaced, or substantially improved on sites 36 located in an existing manufactured home park or subdivision, unless on a site where 37 substantial damage as result of flooding has occurred, shall be elevated such that either the: 38 (1) Lowest Floor of the manufactured home is at or above the elevation required, as 39 applicable to the flood hazard area, in the Florida Building Code, Residential Section 40 R322.2 (Zone A) or Section R322.3 (Zone V); or 28IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (2) Bottom of the frame is supported by reinforced piers or other foundation elements 2 of at least equivalent strength that are not less than 36 inches in height above grade. 3 Sec. 62-157.–Enclosures. Enclosed areas below elevated manufactured homes shall comply 4 with the requirements of the Florida Building Code, Residential Section R322 for such enclosed 5 areas, as applicable to the flood hazard area. If semi-rigid skirting is attached to the 6 manufactured home frame. documentation shall be provided by a registered design professional 7 stating the skirting does not provide structural support and will collapse under wind and water 8 loads that are expected during occurrence of the base flood without causing structural damage to 9 the elevated home or foundation. 10 Sec. 62-158.–Utility equipment. Utility equipment that serves manufactured homes, including 11 electric, heating,ventilation, plumbing, and air conditioning equipment, and other service facilities, 12 shall comply with the requirements of the Florida Building Code, Residential Section R322, as 13 applicable to the flood hazard area. Replacement of permanently-mounted air conditioning 14 equipment, generators. and exterior mechanical equipment shall comply with Section 62-115. 15 Sec. 62-159. – Permits required for additions, attachments, improvements and repair of 16 manufactured homes. Building permits are required for additions. attachments. improvements 17 and repair of damage by any cause to manufactured homes. Any addition or attachment that is 18 structurally connected to the manufactured home or is freestanding shall be constructed to meet 19 the Florida Building Code. as may be amended from time to time. The design of an addition or 20 attachment shall use the current wind criteria for the zone. 21 1. An addition or attachment shall only be allowed where a manufactured home was 22 constructed with a host beam by the manufacturer in order to provide the necessary 23 structural support for the connection between the two structures. For manufactured homes 24 that were not constructed by the manufacturer to support additions or attachments 25 connected to them. the addition or attachment shall be freestanding. other than flashing 26 required for weather-tightness. 27 2. Applications for repair of structural components of a manufactured home shall include 28 letters from a registered design professional or a mobile home inspector that states the 29 structure is in compliance with the applicable Manufactured Home Construction and 30 Safety Standards. developed by HUD. standards in place at the time of assembly. 31 Secs. 62-160-62.170.–Reserved. 32 DIVISION 5. - RECREATIONAL VEHICLES AND PARK TRAILERS 33 Sec. 62-171. – Temporary placement. Recreational vehicles and park trailers placed 34 temporarily in flood hazard areas shall: 35 (1) Be on the site for fewer than 180 consecutive days; or 36 (2) Be fully licensed and ready for highway use, which means the recreational 37 vehicle or park model is on wheels or jacking system, is attached to the site only by quick- 38 disconnect type utilities and security devices, and has no permanent attachments such as 39 additions, rooms, stairs, decks and porches. 29IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 Sec. 62-172.–Permanent placement. Recreational vehicles and park trailers that do not meet 2 the limitations in Section 62-171 of this ordinance for temporary placement shall meet the 3 requirements of Division 4 of this article for manufactured homes. 4 Secs. 62-173-62.180.–Reserved. 5 DIVISION 6. -TANKS 6 Sec. 62-181. – Underground tanks. Underground tanks in flood hazard areas shall be 7 anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and 8 hydrostatic loads during conditions of the design flood, including the effects of buoyancy 9 assuming the tank is empty. 10 Sec. 62-182. –Above-ground tanks, not elevated. Above-ground tanks that do not meet the 11 elevation requirements of Section 62-183 of this ordinance shall: 12 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard 13 areas, provided the tanks are anchored or otherwise designed and constructed to prevent 14 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 15 during conditions of the design flood, including the effects of buoyancy assuming the tank 16 is empty and the effects of flood-borne debris. 17 (2) Not be permitted in coastal high hazard areas (Zone V). 18 Sec. 62-183. – Above-ground tanks, elevated. Above-ground tanks in flood hazard areas 19 shall be and elevated to or above the design flood elevation and attached to a supporting 20 structure that is designed to prevent flotation, collapse or lateral movement during conditions of 21 the design flood. Tank-supporting structures shall meet the foundation requirements of the 22 applicable flood hazard area. 23 Sec. 62-184. –Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 24 (1) At or above the design flood elevation or fitted with covers designed to prevent 25 the inflow of floodwater or outflow of the contents of the tanks during conditions of the 26 design flood; and 27 (2) Anchored to prevent lateral movement resulting from hydrodynamic and 28 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 29 Secs. 62-185-62.190. – Reserved. 30 DIVISION 7. - OTHER DEVELOPMENT 31 Sec. 62-191.–General requirements for other development.All development, including man- 32 made changes to improved or unimproved real estate for which specific provisions are not 33 specified in this ordinance or the Florida Building Code, shall: 34 (1) Be located and constructed to minimize flood damage; 35 (2) Meet the limitations of Section 62-144 of this ordinance if located in a regulated 36 floodway; 30I Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 (3) Be anchored to prevent flotation, collapse or lateral movement resulting from 2 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 3 (4) Be constructed of flood damage-resistant materials; and 4 (5) Have mechanical, plumbing, and electrical systems above the base flood 5 elevation, except that minimum electric service required to address life safety and electric 6 code requirements is permitted below the base flood elevation provided it conforms to 7 the provisions of the electrical part of building code for wet locations. 8 Sec. 62-192. — Fences in regulated floodways. Fences in regulated floodways that have the 9 potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, 10 shall meet the limitations of Section 62-144 of this ordinance. 11 Sec. 62-193. —Retaining walls, sidewalks and driveways in regulated floodways. Retaining 12 walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall 13 meet the limitations of Section 62-144 of this ordinance. 14 Sec. 62-194. — Roads and watercourse crossings in regulated floodways. Roads and 15 watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means 16 for vehicles or pedestrians to travel from one side of a watercourse to the other side, that 17 encroach into regulated floodways shall meet the limitations of Section 62-144 of this ordinance. 18 Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 19 requirements of Section 62-43(3) of this ordinance. 20 Sec. 62-195 — Concrete slabs used as parking pads, enclosure floors, landings, decks, 21 walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In 22 coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, 23 decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to 24 buildings and structures provided the concrete slabs are designed and constructed to be: 25 (1) Structurally independent of the foundation system of the building or structure; 26 (2) Frangible and not reinforced, so as to minimize debris during flooding that is 27 capable of causing significant damage to any structure; and 28 (3) Have a maximum slab thickness of not more than four(4) inches. 29 Sec. 62-196. — Decks and patios in coastal high hazard areas (Zone V). In addition to the 30 requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall 31 be located, designed, and constructed in compliance with the following: 32 (1) A deck that is structurally attached to a building or structure shall have the bottom 33 of the lowest horizontal structural member at or above the design flood elevation and 34 any supporting members that extend below the design flood elevation shall comply with 35 the foundation requirements that apply to the building or structure,which shall be designed 36 to accommodate any increased loads resulting from the attached deck. 37 (2) A deck or patio that is located below the design flood elevation shall be 38 structurally independent from buildings or structures and their foundation systems, and 31IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 shall be designed and constructed either to remain intact and in place during design flood 2 conditions or to break apart into small pieces to minimize debris during flooding that is 3 capable of causing structural damage to the building or structure or to adjacent buildings 4 and structures. 5 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that 6 is constructed with more than the minimum amount of fill necessary for site drainage shall 7 not be approved unless an analysis prepared by a qualified registered design professional 8 demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that 9 would increase damage to the building or structure or to adjacent buildings and structures. 10 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that 11 is at natural grade or on nonstructural fill material that is similar to and compatible with 12 local soils and is the minimum amount necessary for site drainage may be approved 13 without requiring analysis of the impact on diversion of floodwaters or wave runup and 14 wave reflection. 15 Sec. 62-197. — Other development in coastal high hazard areas (Zone V). In coastal high 16 hazard areas, development activities other than buildings and structures shall be permitted only 17 if also authorized by the appropriate federal, state or local authority; if located outside the footprint 18 of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified 19 registered design professionals demonstrate no harmful diversion of floodwaters or wave runup 20 and wave reflection that would increase damage to adjacent buildings and structures. Such other 21 development activities include but are not limited to: 22 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 23 structures; 24 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless 25 designed and constructed to fail under flood conditions less than the design flood or 26 otherwise function to avoid obstruction of floodwaters; and 27 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as 28 filled systems or mound systems. 29 Sec. 62-198. — Nonstructural fill in coastal high hazard areas (Zone V). In coastal high 30 hazard areas: 31 (1) Minor grading and the placement of minor quantities of nonstructural fill shall be 32 permitted for landscaping and for drainage purposes under and around buildings. 33 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five 34 units horizontal shall be permitted only if an analysis prepared by a qualified registered 35 design professional demonstrates no harmful diversion of floodwaters or wave runup and 36 wave reflection that would increase damage to adjacent buildings and structures. 37 (3) Where authorized by the Florida Department of Environmental Protection or 38 applicable local approval, sand dune construction and restoration of sand dunes under 39 or around elevated buildings are permitted without additional engineering analysis or 32IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 certification of the diversion of floodwater or wave runup and wave reflection if the scale 2 and location of the dune work is consistent with local beach-dune morphology and the 3 vertical clearance is maintained between the top of the sand dune and the lowest 4 horizontal structural member of the building. 5 SECTION 5. APPLICABILITY. 6 For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated 7 areas of Collier county. This ordinance shall apply to all applications for development, including 8 building permit applications and subdivision proposals, submitted on or after the effective date of 9 this ordinance. 10 SECTION 6. REPEALER. 11 Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of 12 any conflict. This ordinance specifically repeals and replaces Collier County Ordinance No. 2011- 13 07. 14 SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. 15 It is the intent of the Board of County Commissioners that the provisions of this ordinance shall 16 become and be made a part of the Collier County Code of Laws and Ordinances, and that the 17 sections of this ordinance may be renumbered or relettered and the word "ordinance" may be 18 changed to "section," "article," "regulation," or such other appropriate word or phrase in order to 19 accomplish such intentions. 20 SECTION 8. SEVERABILITY. 21 If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, 22 declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity 23 of the ordinance as a whole, or any part thereof, other than the part so declared. 24 SECTION 9. EFFECTIVE DATE. 25 This ordinance shall take effect upon filing with the Florida Department of State. 26 PASSED on first reading {insert date). 27 PASSED on first reading {insert date}. 28 PASSED and ADOPTED in regular session, with a quorum present and voting, by the{governing 29 body), upon second and final reading this {insert date}. 30 {Governing body) 31 32 {Chief Elected Officer} 33 ATTEST: BOARD OF COUNTY COMMISSIONERS 34 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 33I Page H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx 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 1 By: By: 2 {Manager/Clerk} , Deputy Clerk 3 4 Approved as to form and legality: 5 6 7 8 34IPage H:\Planning and Regulation\FloodPlain Management\Caroline-Floodplain Management Program folder\FBC compliant Model Ord\Portfolio 8-13-18\State Model Ord -FDPO 8-10-18.docx CO 7er County 2800 N.Horseshoe Dr. Growth Management Department 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 ❑ Manufactured Home Building on farm 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: L.2. Zoning Verification Letter - Non-residential Farm Building Reference LDC subsection 10.02.06 J and F.S. §823.14 and F.S. 5 553.73(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 exefflat-i•en-a-pp-1ies to the structure and does not exc cessary electrical,plumbing,mechanical,or gas perm structure. If rise is not used for farming,purposes,then the building will not be exempt 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 The application must include the following: Contents 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 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 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 Pcrmit per FS§553.73. 11.Additional materials may be requested by the staff planner if necessary. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application 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 Page 2 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 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: FloodlnfoRequestt 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 The application must include the following: Contents All application can be found on the Collier County Building Plan Review and Inspection webpage: https.//www.coiliercourityil.goviyour-government/cfivisionsa e/b di ; 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 The Planning&Zoning Department will review the application for completeness. The Processing of completed application packet must be accompanied with the required fee.The tracking Application 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 2800 N. Horseshoe Dr. Cottier COunty Naples,FL 34104 Growth Management Department (239)252-2400 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 at 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: 0 Yes 0 No Seaward of CCCL: 0 Yes 0 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 Page 1 of 3 2800 N. Horseshoe Dr. Coffer County Naples,FL 34104 Growth Management Department (239)252-2400 (5) If unauthorized improvements, modifications, alterations, conversions or repairs 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 vehicles, 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 Page 2 of 3 2800 N. Horseshoe Dr. C ler COPLIity Naples,FL 34104 Growth Management Department (239)252-2400 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 unpermitted 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 use 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 Page 3 of 3