Backup Documents 06/26/2012 Item #17F17F
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
o.
To: Clerk to the Board: Please place the following as a:
❑ Normal legal Advertisement ® Other: Legal Ad for Ordinance
(Display Adv., location, etc.)
Originating Dept/ Div: Land Development Services /Growth Management Division -- Planning and Regulation
Person: Robert Wiley Date: 6 -11 -12
Petition No. (If none, give brief description): Flood Damage Prevention Ordinance
f ,.
c.
Petitioner: (Name & Address): N/A
;-T',
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate
sheet) N/A
Hearing before ® BCC ❑ BZA ❑ Other ( )
Fn
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 6 -26 -12
Newspaper(s) to be used: (Complete only if important):dti^
® Naples Daily News ❑ Other ❑ Legally
Required
Proposed Text: (Include legal description & common location & Size): See Ordinance document
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: P.O.
4500131121
Division Admin' or flesignee
G -12 -1L
Date
List Attachments: Flood Damage Prevention Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
® County Manager agenda file: to ® Requesting Division
Clerk's Office
® Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE US ON r r,, tt 1
Date Received: Date of Public hearing:( Date Advertised: (0
17F
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2011 -07, AS AMENDED,
RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, ACRONYMS AND
DEFINITIONS; SECTION THREE, GENERAL
PROVISIONS; SECTION FIVE, PROVISIONS FOR FLOOD
HAZARD REDUCTION; AND SECTION SIX, VARIANCE
AND APPEALS PROCEDURES, IN ORDER TO COMPLY
WITH THE REGULATIONS AND POLICIES SET FORTH
IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including Flood damage
prevention ordinances; and
WHEREAS, the Board has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011 -07, which was subsequently amended by Ordinance No. 2012 -06;
and
WHEREAS, the Board desires to amend, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the
State of Florida Model Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2011 -07,
AS AMENDED.
Section Two is hereby amended as follows:
Underlined text is added; Stmek through text is deleted
Page 1 of 11
17F
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
B. DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with Base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of Flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such Flooding is characterized by
ponding or sheet flow. To qualify as a Area of shallow flooding, the seuree f• the Flood
water is fainfall end not eeastal surge-.
qualify Kll L lI V
Development permit means, for the purposes of this Ordinance, the local site Development
or Building permit, as applicable, (i.e. any County authorization which must be approved by
the County prior to proceeding with any "Development "). A review of a development
permit in order to determine compliance with this Ordinance will not result in a separate fee
or review process. Not every Dc elo ent PeFmit is required to a a thi
standards sot feftl, in Q t' Fouf of this n di
Floodway fringe means that area of the one - percent (base or 100 -year) Floodplain on
either side of the Floodway.
Florida Building Code Means the family of codes adopted by the Florida Building
Commission, including: Florida Building Code Building; Florida Building Code
Residential: Florida Building Code, Existing Building • Florida Building Code Mechanical
Florida Buildinz Code, Plumbing; Florida Buildinz Code Fuel Gas
Functionally dependent use means a use which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as and includes only a
Underlined text is added; Stmek through text is deleted
Page 2 of 11
17/ F
docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding or ship repair. The term does not include long -term storage, manufacture,
sales, or service facilities.
SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, exeept and includes lowest floor elevation
requirements for non -SFHAs as otherwise noted for Building Lowest Floor and Slab
Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida
I. PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance, including Violation of conditions and
safeguards established in connection with grants of Variance or special exceptions, shall be
punishable as provided in the Collier County Consolidated Code Enforcement Ordinance as
it may be amended or replaced.
J. FLORIDA BUILDING CODE COMPLIANCE
All Development regulated by this Ordinance shall meet or exceed the requirements of the
current Florida Building Code including the requirements of referenced publications
within the current Florida Building Code. In the event that requirements stated within this
Ordinance conflict with the current Florida Building Code the requirements of the current
Florida Building Code shall supersede.
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
Underlined text is added; S4uck fiffeugh text is deleted
Page 3 of 11
fFI�
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(1) New construction and Substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse,, of and lateral movement of the
Structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2) New construction and Substantial improvements shall be constructed with materials
and utility equipment resistant to Flood damage as supported by the current Florida
Building Code and FEMA Technical Bulletins;
(3) New construction or and Substantial improvements shall be constructed by methods
and practices that minimize Flood damage, as supported by the current Florida
Building Code and FEMA Technical Bulletins.
(4) Manufactured homes shall be anchored to prevent flotation, collapse, of and lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the-
top or frame ties to ground anchors. This standard shall be in accordance with the
manufacturer's specifications in addition to and consistent with applicable State of
Florida requirements for resisting wind forces;
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained
and submitted to the Floodplain Administrator along with the application for
Development permit. Copies of such permits shall be maintained on file with the
Development permit. State of Florida permits may include, but not be limited to the
following (as may be amended or superseded):
(a) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management.
(b) Department of Economic Opportunity: in accordance with
Chapter 380.05, F.S., Areas of Critical State Concern, and Chapter 553, Part IV,
Florida Statutes, Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065, Florida Statutes,
Onsite Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, CCCL: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and Excavation;
Underlined text is added; Strttsk through text is deleted
Page 4 of 11
17F
(16) Building Flee Lowest floor and Slab Minimum Elevations for all areas of Collier
County
(a) Plans shall show that construction of the ILowest finished floor meets the
elevation criteria listed below or engineered properly to a site specific design and
certified by a Registered architect or Professional engineer; when conflict exists
between the FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Study (FIS).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
iii: Graded or unfinished Road - 24 inches above the crown if graded or otherwise
unfinished, or
iv. Mean Sea Level — Finished Lowest Ffloors should be no lower than
elevation 5.7 feet in relation to NAVD of 1988 [with an allowable exception
for accessory structures within the V -Zones as described in SECTION FIVE
(D)(13)(h)] or
v. Water Management Design -
1. Buildings with projects which have water management routing and
storage facilities designed and built for a 25 year, 3 day storm event in
accordance with South Florida Water Management District's criteria may
use a €named Lowest floor elevation in accordance with the project's
water management designed 100 year zero discharge elevation or the
FIRM elevation, whichever is higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water Management District's criteria shall use a
finished Lowest floor elevation of 18 inches above the adjacent roadway
crown elevation or the FIRM elevation, whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the finished Lowest floor elevation. All requests will require
an analysis, by a Professional engineer, of the 25 year, three (3) day storm event
and the 100 year, 3 day storm event using zero discharge, for the entire discharge,
for the entire drainage basin in which the proposed Structure is located.
Reductions may be allowed on the basis of the analysis, but in no case shall the
finished Lowest floor be less than the FIRM.
(c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
Underlined text is added; &Msl thFOUgh text is deleted
Page 5 of 11
- -
Underlined text is added; &Msl thFOUgh text is deleted
Page 5 of 11
1
OF
..
La ffl
1NEW-9.
Era
SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction or and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
Al -30, AH, and AE, on sites:
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor shall be elevated on a permanent foundation to no lower than the
BFE and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
(b) All Manufactured homes to be placed or substantially improved in an Existing
manufactured home park or subdivision that are not subject to the provisions of
paragraph 4 (a) of this subsection, must be elevated so that either:
Underlined text is added; St:e. n text is deleted
Page 6 of 11
17f
(i) The Lowest floor of the Manufactured home is elevated to no lower than the
BFE, or
(ii) The Manufactured home chassis is supported by reinforced piers, or other
foundation elements of at least an equivalent strength, that are no less than 36
inches in height above the grade and securely anchored to an adequate
foundation system to resist flotation, collapse, and lateral movement.
(iii) Manufactured or component built temporary homes provided by FEMA, the
Florida Division of Emergency Management or the Collier County
Department of Emergency Management or its approved contractor or designee
may provide post disaster emergency temporary Manufactured homes or
similar resources within the Floodplain for a period not to exceed eighteen
(18) months unless extended by the Board of County Commissioners.
1. Temporary utility connections for the duration of the Temporary
housing efforts will be allowed in accordance with provisions
authorized by the Building Code Official and
2. Such housing when provided must have an emergency notification and
evacuation plan in place within 30 days of residency in accordance
with guidelines imposed by the FEMA housing administrator or his
designee.
(c) All Recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a Recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has no
permanently attached additions), or
(iii) Meet all the requirements for New construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b).
f. .
• ._
Underlined text is added; ^l
�
am. gn text is deleted
Page 7 of 11
1 ,4, .
(8) Accessory Structures
Accessory uses and Structures support and are subordinate to the use of a parcel and
shall primarily serve those persons regularly and customarily involved with their use
and include only those Structures incidental to a permitted land use located on the
same parcel. Uses identified elsewhere in this Ordinance are not accessory uses.
(a) Accessory structures shall not be used for human habita ion (.n„ ,.ding • ,.,.king
sleeping, living, eeeking, estr- ,,,m areas) any other use than parking of vehicles
and storage.
(b) Accessory structures shall be designed to have low Flood damage potential (wet
Floodproofing).
(c) Accessory structures shall be constructed and placed on the Building site so as to
offer the minimum resistance to the flow of Flood waters.
(d) Accessory structures shall be firmly anchored to prevent flotation which may
result in damage to other Structures. This is a mandatory measure, pursuant to
44CFR Section 60.3(a)(3)(i)
(e) Service facilities such as electrical and heating equipment shall be elevated at or
above the BFE or Floodproofed.
(f) Openings to relieve , ydr- ,,sWie pr-essufe automatically equalize flood hydrostatic
forces on exterior walls during the Base o Flood shall be provided below BFE in
conformance with 44CFR Section 60.3(c)(5).
(g) Steel ISO 10'- 20' -40' Storage Containers may be positioned on the earth and
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage Buildings may be positioned on the earth and shall
be anchored as described in SECTION FIVE A (4), above, or secured to piers.
C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS
AND REGULATORY FLOODWAYS.
Located within the SFHA established in SECTION THREE, B, where there exist A -Zones
for which no BFE data and Regulatory floodway have been provided or designated by
FEMA, the following provisions shall apply:
(1) Require standards of SECTION FIVE, A.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department
of Community ^ r -air -s Economic Opportunity, Division of Emergency Management -
NFIP Coordinating Office, and the South Florida Water Management District prior to
any alteration or relocation of a Watercourse, and submit copies of such notifications
to FEMA.
Underlined text is added; Stm& thFoug 1} text is deleted
Page 8 of 11
OF
(7) When the data is not available from any source, including data developed pursuant to
SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be
elevated to no lower than four feet above the Highest adjacent grade or WSWT,
whichever is higher, OR if utilizing a pressurized septic design, engineering
justifications, considering adjacent Flood elevations and other applicable criteria, may
be presented to the Floodplain Administrator for consideration of a lowered floor
elevation, but in no case can the finished Lowest floor be less than three feet above the
Highest adjacent grade or WSWT, whichever is higher. Standards set forth in
SECTION FIVE, B, shall apply.
D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES).
Located within the SFHA established in SECTION THREE, B, are Coastal high hazard
areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall
apply:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B (7)),
C, and
SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2011 -07,
AS AMENDED.
Section Six is hereby amended as follows:
SECTION SIX: VARIANCE AND APPEALS PROCEDURES.
D. CONDITIONS FOR VARIANCES.
(1) Variances may be issued for New construction and Substantial improvements to be
erected on a lot of one -half acre or less in size contiguous to and surrounded by lots
with existing Structures constructed below the BFE, in conformance with the
procedures of Paragraphs (3), (4), (5) and (6) of this Sub - section D.
(2) Variances may be issued for New construction and Substantial improvements and
for other Development necessary for the conduct of a Functionally dependent use
provided that
Underlined text is added; Stfucv through text is deleted
Page 9 of 11
17f
a) The criteria of Sub - section F, and Paragraphs (1), (3) and (4) of this Sub - section D
are met, and
b) The Structure or other Development is protected by methods that minimize
Flood damages during the Base flood and create no additional threats to Public
safety.
(3) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the Variance would result in exceptional
Hardship; and
c) A determination that the granting of a Variance will not result in increased Flood
heights, additional threats to Public safety or extraordinary public expense, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(4) Variances shall only be issued upon a determination that the Variance is the minimum
necessary deviation from the requirements of this Ordinance, considering the Flood
hazard, to afford relief.
(5) The County Manager shall maintain the records of all Variance actions and report any
Variances to the Federal Insurance Administration upon request.
(6) Any applicant to whom a Variance is granted shall be given written notice that Qi)
when a Structure is permitted to be built with the ILowest habitable floor elevation
below the BFE the cost of Flood insurance will be commensurate with the increased
risk resulting from the r-edueed ILowest habitable floor elevation_floor being _ 1p aced
below the Base flood elevation.
(7) Upon consideration of the factors listed above and the purpose of this Ordinance, the
Board of Zoning Appeals may attach such conditions to the granting of Variances as it
deems necessary to further the purposes of this Ordinance.
E. HISTORIC STRUCTURES.
Variances may be issued for the reeeastr-ue e *, repair or rehabilitation or restoration of
Historic structures listed- on the National Register of 14istene PlQEes -or -the
upon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a Historic structure and the variance is the minimum
necessary deviation from the requirements of this Ordinance to preserve the historic
character and design of the structure.
Underlined text is added; Strxek through text is deleted
Page 10 of 11
F. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated Floodway if any impact in Flood
conditions or increase in Flood levels during the Base flood discharge would result.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
IN
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeer B. White
Assistant County Attorney
By:
FRED W. COYLE, CHAIRMAN
Underlined text is added; Strtek thf ough text is deleted
Page 11 of 11
7 F
Acct #068783
June 12, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2011 -07
Dear Legals:
Please advertise the above referenced notice on Friday, June 15, 2012, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500131121
17F
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 26, 2012, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2011 -07, AS AMENDED,
RELATING TO FLOOD DAMAGE PREVENTION, BY AMENDING SECTION TWO,
ACRONYMS AND DEFINITIONS; SECTION THREE, GENERAL PROVISIONS;
SECTION FIVE, PROVISIONS FOR FLOOD HAZARD REDUCTION; AND SECTION
SIX, VARIANCE AND APPEALS PROCEDURES, IN ORDER TO COMPLY WITH THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL
FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written material
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
17F, i
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jenneiohn 17 F """, t' I
To: legals @naplesnews.com
Subject: Amends Ordinance 2011 -07
Attachments: Amends 2011- 07.doc; Amends 2011- 07.doc
Hi there,
Please advertise the attached on Friday, June 15, 2012.
Thank you!
Ann Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
i
Ann P. Jenneiohn 17F
From: Martha S. Vergara
Sent: Tuesday, June 12, 2012 1:18 PM
To: Ann P. Jennejohn
Subject: FW: Ad Confirmation
Attachments: UASBCAjpg
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
06/12/12
Publication
NON
Account Number
744106
Ad Number
1952858
Total Ad Cost
$264.54
1
17F
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor,
Administration Duilding, Collier County Government Center, 3299 East 7amiam!
Trail, Naples, Florida, th Ecard of County Commissioners will consider the
enactrilent of a County Ordinance. The meeting will commence at 9:00 A.M. Tile
Title of the proposed Ordinance is as follovvs:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2011-07, AS AMENDED, RELATING
TO FLOOD DAMAGE PREVENTION, BY AMENDING SECTION TWO, ACRONYMS AND
DEFINITIONS, SECTION THREE, GENERAL PROVISIONS; SECTION FIVE, PROVISION$
FOR FLOOD HAZARD REDUCTION. AND SECTION SIX, VARIANCE AND APPEALS
PROCEDURES, IN ORDER TO COMPLY WITH THE REGULATIONS AND POLICIES SET
FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY,, PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection All interested parties are invited to attend and be heard,
NOTE All persons wishing to speak on any a, ends item must register with the
Coun administrator_ prior to presentation of the agenda item to be addressed,
Individual 'arn
speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Person,, vvIshing to have written or graphic rnateriab included in tile Board agenda
Packets n)LJI.;t submit said material a minimum of 3 weeks prior to the respective
public hearing In any casa, Written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimurh of seven days
prior to the public hearing. All material used in piesentatiom before the Board
will become a permanent part of the record,
Any person who decides to appeal a derision of the Board will need a record of
the proceedings pertaining thereto and thorefor*,, may need to onstire that d
verbatim record of the roceedings is. made, which record includes the testimony
and evidence upon whicr, the appeal is based,
If ycu are a person U .,ith a disability vvho, needs any accommoclation in order to
participate in this proceeding, you are entitled, at no cost To you, to The provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamianiv Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNT COMMISSIONFRS
COLLIER COIYNTY, FLORIU)A
FRED W. COYLE, CHAIRMAN
DWIGHT C BROCK, CLERK
By: Ann Jennelohn, Doputy Clerk
(SEAL)
.June 15, 2012. No, 1952858
Ann P. Jennejohn '17F
From: WhiteJennifer <JenniferWhite @colliergov.net>
Sent: Tuesday, June 12, 2012 1:32 PM
To: Ann P. Jennejohn; Neet, Virginia
Cc: Wiley, Robert
Subject: RE: Ad Confirmation
Ann,
The Advertisement is acceptable. The Friday, June 15, 2012 publication date is acceptable.
Thank you,
Jennifer B. White
Assistant County Attorney
Collier County, Florida
Direct Dial (239) 252 -5709
- - - -- Original Message---- -
From: Ann P. Jennejohn fmai Ito: Ann.Jennejohn@collierclerk.coml
Sent: Tuesday, June 12, 2012 1:24 PM
To: NeetVirginia; WhiteJennifer
Cc: WileyRobert
Subject: FW: Ad Confirmation
Attached for your review, is Robert's legal ad to amend the Flood Damage Prevention Ordinance (2011 -07), that
will be published this Friday, June 15, 2012.
Please send me an "O.K." as soon as you get a chance to look it over.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239- 252 -8408 (Fax)
- - - -- Original Message---- -
From: Martha S. Vergara
Sent: Tuesday, June 12, 2012 1:18 PM
To: Ann P. Jennejohn
1
17F
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------------ - - - - --
BCC /ENGINEERING - ENVIRONMENTAL
FINANCE DEPARTMENT
3299 TAMIAMI TRL E ##700
NAPLES FL 34112
REFERENCE: 068783 4500131121
59692047 NOTICE OF INTENT TO
State of Florida
Counties of Collier and Lee
Before the undersigned authority, personal
appeared Barbara Boyer, says that she serves
the Sales Coordinator, of the Naples Daily NI
daily newspaper published at Naples, in Coll.
County, Florida: distributed in Collier
and Lee counties of
Florida; that the attached copy of advertisii
published in said newspaper on dates listed.
Affiant further says that the said Naples I
News is a newspaper published at Naples, in
Collier County, Florida, and that the said
newspaper has heretofore been continuously
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 ye
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for tht
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 06/15
AD SPACE: 88 LINE
FILED ON: 06/15/12
Signature of Affi
Sworn to and Subscribed befoib me
Personally known by me
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County ,Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A. M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2011 -07, AS AMENDED, RELATING AND
TO FLOOD DAMAGE , BY DEFINITIONS; SECTION PREVENTION THREE, GENERAL PROVISIONS; PROV SIONS; IOSECT ON F VCE,OPROVISIONS
FOR FLOOD HAZARD REDUCTION; AND SECTION SIX, VARIANCE AND APPEALS
PROCEDURES, IN ORDER TO COMPLY WITH THE REGULATIONS AND POLICIES SET ODEL
FORTH IN STATE ORDINANCE; THE OFORF ONFLICTMAND PROVIDING PREVENTION
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak. on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior Ito the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
Prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL) No. 1952853
June 1 S_ 2012
-- - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
L� •• f
!�
CAROL PAWLINSKI
MY COMMISSION # EE 45538
EXPIRES: November 28, 2014
Bonded Thru Pichard Insurance Agency
201,2—
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excentfon of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
Services
(Initial)
Applicable)
2.
6/26/12
Agenda Item Number
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jennifer B. White, Asst. County Attorney
County Attorney
JBW
b
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
I Documents Attached
6. Minutes and Records
Clerk of Court's Office _
T—pZ,�
,At�2
PRIMARY CONTACT INFORMATION
:)Pm
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Robert Wiley Engineering & Environmental
Phone Number
252 -5858
Contact
Services
(Initial)
Applicable)
Agenda Date Item was
6/26/12
Agenda Item Number
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Amendment to Flood Damage Prevention
Number of Original
One
Attached
Ordinance ?o m— 2A
I Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JBW
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JBW
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JBW
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JBW
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JBW
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 6/26/12 and all changes made during the
JBW
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
17F
MEMORANDUM
Date: July 13, 2012
To: Robert Wiley, Principal Project Manager
Engineering & Environmental Services
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2012 -24
Attached for your records, is a copy of the Ordinance referenced above, (Item #17F)
adopted by the Board of County Commissioners on June 26, 2012.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
17F
MEMORANDUM
Date: July 13, 2012
To: Ernie Kerskie, Director
Office of the Property Appraiser
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2012 -22, 2012 -23, 2012 -24, 2012 -25 and
2012 -26
Attached for your records is a copy of the documents referenced above, adopted by
the Board of County Commissioners on Tuesday, June 26, 2012.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
17Fl
ORDINANCE NO. 2012 - 2 4
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2011 -07, AS AMENDED,
RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, ACRONYMS AND
DEFINITIONS; SECTION THREE, GENERAL
PROVISIONS; SECTION FIVE, PROVISIONS FOR FLOOD
HAZARD REDUCTION; AND SECTION SIX, VARIANCE
AND APPEALS PROCEDURES, IN ORDER TO COMPLY
WITH THE REGULATIONS AND POLICIES SET FORTH
IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including Flood damage
prevention ordinances; and
WHEREAS, the Board has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011 -07, which was subsequently amended by Ordinance No. 2012 -06;
and
WHEREAS, the Board desires to amend, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the
State of Florida Model Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2011 -07,
AS AMENDED.
Section Two is hereby amended as follows:
Underlined text is added; S *" ek through text is deleted
Page 1 of 11
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
B. DEFINITIONS
17F
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with Base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of Flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such Flooding is characterized by
ponding or sheet flow. To °l;F , as an Area of shallow flooding, the ° o f the Fl a
, r ivvu
,a+ is fainfall and not . astal
Development permit means, for the purposes of this Ordinance, the local site Development
or Building permit, as applicable, (i.e. any County authorization which must be approved by
the County prior to proceeding with any "Development "). A review of a development
permit in order to determine compliance with this Ordinance will not result in a separate fee
or review process. Not ever-y Development Permit is ° °a to be r-eviewed under- this-
Floodway fringe means that area of the one - percent (base or 100 -year) Floodplain on
either side of the Floodway.
Florida Building Code Means the family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
Florida Building Code, Plumbing; Florida Buil&7g Code, Fuel Gas.
Functionally dependent use means a use which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, stieh as and includes only a
Underlined text is added; Stndcr text is deleted
Page 2 of 11
17F
docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding or ship repair. The term does not include long -term storage, manufacture,
sales, or service facilities.
SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, except and includes lowest floor elevation
requirements for non -SFHAs as ^use noted for Building Lowest Floor and Slab
Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida..
I. PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance, including Violation of conditions and
safeguards established in connection with grants of Variance or special exceptions, shall be
punishable as provided in the Collier County Consolidated Code Enforcement Ordinance as
it may be amended or replaced.
J. FLORIDA BUILDING CODE COMPLIANCE
All Development regulated by this Ordinance shall meet or exceed the reauirements of the
current Florida Building Code, including the requirements of referenced publications
within the current Florida Building Code. In the event that requirements stated within this
Ordinance conflict with the current Florida Building Code, the reauirements of the current
Florida Buildinz Code shall supersede.
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
Underlined text is added; StFHel gh text is deleted
Page 3 of 11
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(1) New construction and Substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse, of and lateral movement of the
Structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2) New construction and Substantial improvements shall be constructed with materials
and utility equipment resistant to Flood damage as supported by the current Florida
Building Code and FEMA Technical Bulletins;
(3) New construction of and Substantial improvements shall be constructed by methods
and practices that minimize Flood damage, as supported by the current Florida
Building Code and FEMA Technical Bulletins.
(4) Manufactured homes shall be anchored to prevent flotation, collapse, Of and lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the-
top or frame ties to ground anchors. This standard shall be in accordance with the
manufacturer's specifications in addition to and consistent with applicable State of
Florida requirements for resisting wind forces;
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained
and submitted to the Floodplain Administrator along with the application for
Development permit. Copies of such permits shall be maintained on file with the
Development permit. State of Florida permits may include, but not be limited to the
following (as may be amended or superseded):
(a) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management.
(b) Department of Community Affairs- Economic Opportunity: in accordance with
Chapter 380.05, F.S., Areas of Critical State Concern, and Chapter 553, Part IV,
Florida Statutes, Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065, Florida Statutes,
Onsite Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, CCCL: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and Excavation;
Underlined text is added; Struck thfough text is deleted
Page 4 of 11
17F
(16) Building Floe r Lowest floor and Slab Minimum Elevations for all areas of Collier
County
(a) Plans shall show that construction of the 1Lowest €xnisked floor meets the
elevation criteria listed below or engineered properly to a site specific design and
certified by a Registered architect or Professional engineer; when conflict exists
between the FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Rate Alaps «IRAI) Study (FIS).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise
unfinished, or
iv. Mean Sea Level — Finished Lowest Ffloors should be no lower than
elevation 5.7 feet in relation to NAVD of 1988 (with an allowable exception
for the bottom of the lowest horizontal structural member of the Lowest floor
of accessory structures within the V -Zones as described in SECTION FIVE
(D)(13) h)l or
v. Water Management Design-
1. Buildings with projects which have water management routing and
storage facilities designed and built for a 25 year, 3 day storm event in
accordance with South Florida Water Management District's criteria may
use a finished Lowest floor elevation in accordance with the project's
water management designed 100 year zero discharge elevation or the
FIRM elevation, whichever is higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water Management District's criteria shall use a
finished Lowest floor elevation of 18 inches above the adjacent roadway
crown elevation or the FIRM elevation, whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the :Finished Lowest floor elevation. All requests will require
an analysis, by a Professional engineer, of the 25 year, three (3) day storm event
and the 100 year, 3 day storm event using zero discharge, for the entire discharge,
for the entire drainage basin in which the proposed Structure is located.
Reductions may be allowed on the basis of the analysis, but in no case shall the
finishe Lowest floor be less than the FIRM.
(c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
Underlined text is added; Stmek thretigh text is deleted
Page 5 of 11
17F
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction of and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
Al-30, AH, and AE, on sites:
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor shall be elevated on a permanent foundation to no lower than the
BFE and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
Underlined text is added; Stmek through text is deleted
Page 6 of 11
, -
_
'
NO
IN
if
rz
_i
.0.
AWKWU
U4; G
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction of and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
Al-30, AH, and AE, on sites:
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor shall be elevated on a permanent foundation to no lower than the
BFE and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
Underlined text is added; Stmek through text is deleted
Page 6 of 11
17F
(b) All Manufactured homes to be placed or substantially improved in an Existing
manufactured home park or subdivision that are not subject to the provisions of
paragraph 4 (a) of this subsection, must be elevated so that either:
(i) The Lowest floor of the Manufactured home is elevated to no lower than the
BFE, or
(ii) The Manufactured home chassis is supported by reinforced piers, or other
foundation elements of at least an equivalent strength, that are no less than 36
inches in height above the grade and securely anchored to an adequate
foundation system to resist flotation, collapse, and lateral movement.
(iii) Manufactured or component built temporary homes provided by FEMA, the
Florida Division of Emergency Management or the Collier County
Department of Emergency Management or its approved contractor or designee
may provide post disaster emergency temporary Manufactured homes or
similar resources within the Floodplain for a period not to exceed eighteen
(18) months unless extended by the Board of County Commissioners.
1. Temporary utility connections for the duration of the Temporary
housing efforts will be allowed in accordance with provisions
authorized by the Building Code Official and
2. Such housing when provided must have an emergency notification and
evacuation plan in place within 30 days of residency in accordance
with guidelines imposed by the FEMA housing administrator or his
designee.
(c) All Recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a Recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has no
permanently attached additions), or
(iii) Meet all the requirements for New construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b).
Po S P r A
Underlined text is added; Struek through text is deleted
Page 7 of 11
1 F
7 v
,
(8) Accessory Structures
Accessory uses and Structures support and are subordinate to the use of a parcel and
shall primarily serve those persons regularly and customarily involved with their use
and include only those Structures incidental to a permitted land use located on the
same parcel. Uses identified elsewhere in this Ordinance are not accessory uses.
(a) Accessory structures shall not be used for htffnan habitation (ineludin g w er -kin
sleeping living, eking , or- r-°s +r° em areas) any other use than parking of vehicles
and storage.
(b) Accessory structures shall be designed to have low Flood damage potential (wet
Floodproofing).
(c) Accessory structures shall be constructed and placed on the Building site so as to
offer the minimum resistance to the flow of Flood waters.
(d) Accessory structures shall be firmly anchored to prevent flotation which may
result in damage to other Structures. This is a mandatory measure, pursuant to
44CFR Section 60.3(a)(3)(i)
(e) Service facilities such as electrical and heating equipment shall be elevated at or
above the BFE or Floodproofed.
(f) Openings to felie e hydfostat ° press automatically equalize flood hydrostatic
forces on exterior walls during the Base a Flood shall be provided below BFE in
conformance with 44CFR Section 60.3(c)(5).
(g) Steel ISO 10'- 20' -40' Storage Containers may be positioned on the earth and
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage Buildings may be positioned on the earth and shall
be anchored as described in SECTION FIVE A (4), above, or secured to piers.
C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS
AND REGULATORY FLOODWAYS.
Located within the SFHA established in SECTION THREE, B, where there exist A -Zones
for which no BFE data and Regulatory floodway have been provided or designated by
FEMA, the following provisions shall apply:
(1) Require standards of SECTION FIVE, A.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department
of (`°,V.munit. ^ ff :fs- Economic Opportunity, Division of Emergency Management -
NFIP Coordinating Office, and the South Florida Water Management District prior to
Underlined text is added; Strdek4hFouo text is deleted
Page 8 of 11
17F
any alteration or relocation of a Watercourse, and submit copies of such notifications
to FEMA.
(7) When the data is not available from any source, including data developed pursuant to
SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be
elevated to no lower than four feet above the Highest adjacent grade or WSWT,
whichever is higher, OR if utilizing a pressurized septic design, engineering
justifications, considering adjacent Flood elevations and other applicable criteria, may
be presented to the Floodplain Administrator for consideration of a lowered floor
elevation, but in no case can the finished Lowest floor be less than three feet above the
Highest adjacent grade or WSWT, whichever is higher. Standards set forth in
SECTION FIVE, B, shall apply.
D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES).
Located within the SFHA established in SECTION THREE, B, are Coastal high hazard
areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall
apply:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B (7)),
and C, and
SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2011 -07,
AS AMENDED.
Section Six is hereby amended as follows:
SECTION SIX: VARIANCE AND APPEALS PROCEDURES.
D. CONDITIONS FOR VARIANCES.
(1) Variances may be issued for New construction and Substantial improvements to be
erected on a lot of one -half acre or less in size contiguous to and surrounded by lots
with existing Structures constructed below the BFE, in conformance with the
procedures of Paragraphs (3), (4), (5) and (6) of this Sub - section D.
Underlined text is added; Strad` thfough text is deleted
Page 9of11
17F
(2) Variances may be issued for New construction and Substantial improvements and
for other Development necessary for the conduct of a Functionally dependent use
provided that
a) The criteria of Sub - section F, and Paragraphs (1), (3) and (4) of this Sub - section D
are met, and
b) The Structure or other Development is protected by methods that minimize
Flood damages during the Base flood and create no additional threats to Public
safety.
(3) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the Variance would result in exceptional
Hardship; and
c) A determination that the granting of a Variance will not result in increased Flood
heights, additional threats to Public safety or extraordinary public expense, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(4) Variances shall only be issued upon a determination that the Variance is the minimum
necessary deviation from the requirements of this Ordinance, considering the Flood
hazard, to afford relief.
(5) The County Manager shall maintain the records of all Variance actions and report any
Variances to the Federal Insurance Administration upon request.
(6) Any applicant to whom a Variance is granted shall be given written notice that 0
when a Structure is permitted to be built with the ILowest habitable floor elevation
below the BFE the cost of Flood insurance will be commensurate with the increased
risk resulting from the reduced ILowest h-ah- t-ab ° floor elevation floor being placed
below the Base flood elevation.
(7) Upon consideration of the factors listed above and the purpose of this Ordinance, the
Board of Zoning Appeals may attach such conditions to the granting of Variances as it
deems necessary to further the purposes of this Ordinance.
E. HISTORIC STRUCTURES.
Variances may be issued for the feeens*r-tiet of , repair or rehabilitation ^„ restoration of
Historic Str uetur-es structures listed- 6n the —Na4ie 3ral Registef of HistvrrcTiaees or- the
upon a determination that the proposed repair or rehabilitation will not preclude the
Underlined text is added; 84n,^igh text is deleted
Page 10 of 11
17F
structure's continued designation as a Historic structure and the variance is the minimum
necessary deviation from the requirements of this Ordinance to preserve the historic
character and design of the structure.
F. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated Floodway if any impact in Flood
conditions or increase in Flood levels during the Base flood discharge would result.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 2t day of :Yy kz� , 2012.
ATTEST: f , BOARD OF COUNTY COMMISSIONERS
DWIGH,T,E�: l�` ` = CLERK COLLIER COUNTY, FLORIDA
y: � � t.- ,- By: LAJ.
ler'k FRED W. COYLE, CHAIRMAN
4 ^I #
Approved's tQ ;frny '
.a
and legal sufficiency:
Jennifer .White
Assistant County Attorney
Underlined text is added; Struck through text is deleted
Page 11 of 11
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012 -24
17F
which was adopted by the Board of County Commissioners
on the 26th day of June, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commissioners r
Teresa Cannon,
Deputy Clerk 1,,