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DSAC Agenda 09/05/2018September 5, 2018 3:00 PM 2800 N. Horseshoe Drive Growth Management Department DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA September 5, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Approval of Agenda III. Approval of Minutes from August 1, 2018 IV. DSAC Position Vacancy Review & Vote 1. Christopher Dilworth Category: Attorney V. Public Speakers VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E. North Collier Fire Review update – [Todd Riggall or Dale Fey] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VII. New Business A. Affordable Housing LDC Amendment [Eric Johnson] B. “Provide Regulatory Relief” element of the Community Housing Plan [Cormac Giblin] C. Issuing paper permits upon approval [Jon Walsh] D. Flood Damage Prevention Ordinance [Caroline Cilek] VIII. Old Business IX. Committee Member Comments X. Adjourn Next Meeting Dates: October 3, 2018 GMD conference Room 610 – 3:00 pm November 7, 2018 GMD conference Room 610 – 3:00 pm December 5, 2018 GMD conference Room 610 – 3:00 pm August 1, 2018 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, August 1, 2018 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton (Excused) Clay Brooker Chris Mitchell (Excused) Robert Mulhere Mario Valle Norman Gentry (Excused) Marco Espinar (Absent) Ron Waldrop (Excused) Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl (Vacancy) ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Eric Johnson, Principal Planner Mike Ossorio, Director, Code Enforcement Division Caroline Cilek, Manager, Plans Review and Inspections Jon Walsh, Chief Building Inspector Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Ken Kovensky, Director, Operations and Regulatory Management August 1, 2018 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. II. Approval of Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Valle. Carried unanimously 8 - 0. III. Approval of Minutes from June 6, 2018 Meeting Mr. Curl moved to approve the minutes of the June 6, 2018 Meeting as presented. Second by Mr. Foley. Carried unanimously 8- 0. IV. Approval of DSAC/LDR minutes from April 18, 2018 (Only committee members Clay Brooker, Robert Mulhere, Blair Foley are to vote on this) Mr. Foley moved to approve the minutes of the April 18, 2018 Meeting as presented. Second by Mr. Mulhere. Carried unanimously 3 - 0. V. Public Speakers None VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report May 22, – June 21, 2018 Highlights and June 22 – July 21, 2018” for informational purposes. He noted: • Community cleanups continue including recent activities in North Naples and CRA’s. • The County continues to address issues on Union Road at the old Port of the Islands building, where 66 trespassers have been arrested over the past 1 ½ years. The site may be foreclosed on by the County and utilized as a Collier County Sheriff sub station. Mr. Dunnavant arrived at 3:10 p.m. • Staff appeared before the Tourist Development Council outlining the County’s prohibition of residential rentals for a period of 6-months or less in most residential zoning districts. • Three new code investigators were hired by the County. • Political advertising signs are not permitted in the right-of-way and will be removed by the County if found in violation. B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for “Letters of Availability, Utility Deviations and FDEP Permits” for information purposes. He noted: • New Utility Standards were adopted by the Board of County Commissioners in June and are effective August 25, 2018. He thanked the Committee for their efforts in the endeavor. • Staff continues to work on improving response times to letters of availability and deviation requests with the goal being a 5-day turn around for availability letters and a 10-day response to deviation requests. • The next Utility Discussion Group will be held on August 14th and he disseminated the list of topics to be reviewed. A list of discussion items (as they become available) will be August 1, 2018 3 provided to the Committee on a regular basis so they are apprised of ongoing activities in the Division. • The time-frame for Utility standards manual update is currently 1 – 2 times annually and any proposed changes will be submitted to the DSAC for comment. • The BCC will be discussing the expansion of the Utility’s service district in the northeast area of the County on September 11, 2018. C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Mr. Ahmad reported: • White Blvd. Bridge – Completion anticipated by early September; 2 lanes remain open for current traffic. • Golden Gate Blvd. – BCC approved a design/build contract with Stantec for the work from 18th – 20th east to Everglades Blvd.; the work is similar to that of the west section. The Notice to Proceed was issued on July 19, 2018 with a 686-day completion time (6/4/2020). • Vanderbilt Road Ext. – A Public Information Meeting was held on June 26 with the alignment changed based on input from the public including a frontage road proposed and moving the canal. The 3 south lanes will be constructed initially with the 3 north lanes to follow in the future. • Chockoloskee Bridge – on track for completion prior to August 20, and project savings of $1/2M were obtained via a contractor recommendation on pilings. D. County Fire Review update – [Shar Beddow and/or Shawn Hanson] Ms. Beddow reported turnaround times are as follows: Building Plan review – 5 days; Site Plan review – 2 days. The following classes are scheduled: • 8/28/18 - Fire Safety for New Battery Technologies and How they Relate to NFPA 1 and the IFC. • 9/18/18 - Effective Communications and Fire Pumps. • Fund raiser Lee/Collier County - Clay target shooting event in December. E. North Naples Fire Review update – [Dale Fey] Todd Riggall reported turnaround times are as follows: Building Plan review – 7 days; Inspections – 1 to 2 days. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County June and July 2018 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report: • Permit activity has decreased slightly overall however new construction permits issued for 1 -2 family homes has increased. • Approximately 23% of activity is Hurricane Irma related and 47% of applications are now submitted electronically. • Staffing changes are underway to address the volume of permits in the “queue” with the Division back on schedule after a period of delays due to the volume of business. • The Business Center received the County’s “July Distinguished Team” award from the Human Resources Department. • The credit card payment option with CityView has been delayed as they have preferred partners and Staff is seeking an exception to use the County vendor for the activity. August 1, 2018 4 Staff will review the requirements for revision drop-offs, given a checklist is required and the applicant waits in line to simply hand in the information to a customer service representative. G. Development Review Division update [Matt McLean] Mr. McLean reported • Staff is meeting the turnaround time of 15 days for site plan reviews. • The Division is reviewing their processes with a consultant to determine if any changes are necessary, including those associated with Certificates of Occupancy. VII. New Business A. LDC Amendments update [Jeremy Frantz] Eric Johnson submitted the Memorandum “LDC Amendment Update” dated July 26, 2018 which outlined recent activity by the Board of County Commissioners including the changes to hurricane resiliency for ALF’s and nursing homes; the proposed amendments for the gas stations and community clubhouses was continued indefinitely. The ordinance preservation standards were amended and became effective July 3, 2018. The Committee appointed Jeff Curl to the LDR Subcommittee to fill the vacancy created by Brad Schiffer’s resignation from DSAC. B. Discuss requirements for spot surveys, under construction elevation certificates and general FBC rules for enclosures below BFE [Jon Walsh & Caroline Cilek] Mr. Walsh and Ms. Cilek reported: • The County is now requiring an Elevation Certificate upon completion of the slab or first floor elevation. • The change is to alleviate any problems with the elevations before the building is completed and a Certificate of Occupancy is requested. • The requirement becomes effective September 4, 2018 and the Division’s “Building Block” regarding the activity will be amended to reflect the new requirements. Mr. Foley left the meeting at 4:15 p.m. Enclosures Below Base Flood Elevation Mr. Walsh reported a previous determination that a building could have 299.9 square feet of enclosed area below the base flood elevation is no longer valid unless a permit was previously issued for the structure. Going forward these “habitable” areas will be subject to the requirements for floodplain development. Flood Damage Prevention Ordinance Ms. Cilek reported Staff is amending the County Ordinance and will be bringing forth any changes to the DSAC for their comment. Re-Roof Final Inspections Mr. Walsh reported in order to facilitate inspection schedules, re-roof final inspections will be scheduled for Saturdays until further notice. VIII. Old Business None August 1, 2018 5 IX. Committee Member Comments None X. Adjourn Next Meeting Dates September 5, 2018 GMD conference Room 610 – 3:00 p.m. October 3, 2018 GMD conference Room 610 – 3:00 p.m. November 7, 2018 GMD conference Room 610 – 3:00 p.m. December 5, 2018 GMD conference Room 610 – 3:00 p.m. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:32 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ________________, as presented _______, or as amended ________. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 8/9/2018 9:44:12 AM. Name: Christopher Dilworth Home Phone: 2603128385 Home Address: 1430 Mariposa Circle #106 City: Naples Zip Code: 34105 Phone Numbers Business: 239-435-1533 E-Mail Address: cdilwort@umail.iu.edu Board or Committee: Development Services Advisory Committee Category: Attorney Place of Employment: Wollman, Gehrke & Associates, P.A. How long have you lived in Collier County: 1-2 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Education: Undergraduate degree in Public Affairs from Indiana University-Bloomington. Juris Doctor from the Indiana University Maurer School of law Licensed Real Estate Sales Associate Experience / Background Real Estate/Business Litigation Associate at Benesch, Friedlander, Coplan & Aronoff, Indianapolis, Indiana Real Estate Associate at Landqwest Commercia, Fort Myers, Florida Realtor at The SIR Group, Miami, Florida Law Clerk at Shean Law Office, Bloomington, Indiana Senior Airman, United States Air Force This report reflects monthly data from: July 22 thru August 21, 2018 Code Enforcement Division Monthly Report July 22, 2018 – August 21, 2018 Highlights • Cases opened: 619 • Cases closed due to voluntary compliance: 374 • Property inspections: 2760 • Lien searches requested: 904 Trends 0 100 200 300 400 500 600 700 800 900 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18462542576610418803743625650559510619Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 1804 2405 2237 2509 1488 2790 2519 2452 2569 2425 2417 2760 Code Inspections per Month This report reflects monthly data from: July 22 thru August 21, 2018 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 2017 2018 3012 1333 4647 3666 Origin of Case Code Div. Initiated Cases Complaint Initiated Cases This report reflects monthly data from: July 22 thru August 21, 2018 July 22, 2018 – August 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 0%Accessory Use 2%Land Use 11% Noise 2% Nuisance Abatement 38% Occupational Licensing 1% Parking Enforcement 1% Property Maintenance 10% Right of Way 5% Signs 3% Site Development 8% Vehicles 14% Vegetation Requirements 4% This report reflects monthly data from: July 22 thru August 21, 2018 June 22, 2018 – July 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 3%Land Use 10% Noise 2% Nuisance Abatement 39% Occupational Licensing 2% Parking Enforcement 1% Property Maintenance 12% Right of Way 6% Signs 2% Site Development 8% Vehicles 10% Vegetation … This report reflects monthly data from: July 22 thru August 21, 2018 May 22, 2018 – June 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 3%Land Use 9% Noise 2% Nuisance Abatement 38% Occupational Licensing 1% Parking Enforcement 1% Property Maintenance 14% Right of Way 5% Signs 3% Site Development 8% Vehicles 11% Vegetation Requirements 2% 53251 1337246612383774820123134815055123126414760246810121416020406080100120140160Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18RequestsDaysLetters of AvailabilityRequests CompletedMinimumAverageMaximumRequests Received 322222959510141015253713150510152025303540024681012141618Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18RequestsDaysResponse Time - Utility DeviationsRequests CompletedReceived - SIRE EnteredSIRE Entered - ActionRequests Received 13465347324242141330121614212440510152025300246810121416Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18RequestsDaysResponse Time - FDEP PermitsRequests CompletedInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received UTILITIES DISCUSSION GROUP AGENDA Water, Environment, and Infrastructure 10600 Chevrolet Way, Suite 300 Estero FL 33928 Tel 239.390.1467 Fax 239.390.1769 tetratech.com Date: September 11th, 2018 Time: 3:00 PM Location: GMD Conf. Room 609/610 DISCUSSION TOPICS Item No. Description Revision or Discussion Topic Sponsor General 1 Specification 330518 Require the use of tracer wire on all pressure pipe Craig Pajer 2 G-8 & G-9 Clarify intent of min. HDD cover requirements. Ben Bullert Water 3 Appendix F / Appendix G Remove valve setter from Appendix F – Add note in Appendix G stating that the valve setter and meter shall be the same manufacturer. Tom Chmelik Wastewater / IQ 4 DC 3.3 Revisions to setback distances from water bodies and structures from pumping stations. Revise method of measure from edge of CUE to center of wet well. Steve Nagy 5 WW-8 / WW - 8A / WW -8B Clarify the location of the access hatch handles on pump stations. Corinne Trtan 6 WW-8 / WW - 8A / WW -8B Add fall protection / safety grates to wastewater pump station hatches. Corinne Trtan / Collections Section 330518 COLLIER COUNTY LAYING AND JOINTING BURIED PIPE TECHNICAL SPECIFICATIONS Page 9 of 14 N. Valve Box Setting: Install valve boxes vertical and concentric with the valve stem. 1. Adjust valve-box to final grade at the time designated by the County Manager or designee. 2. Build a collar, as shown in the standard details, 18 inches by 18 inches by 6 inches or 24 inch diameter round by 6 inches flush to grade of top of box. Similar collar shall be poured flush with grade and top of unpaved areas. 3. Satisfactorily reset any valve box that is moved from its original position, preventing the operation of the valve. 4. Replace any valve box that has been damaged. O. Identification: 1. Metallized Warning Tape: For DIP and PVC pipe (other than gravity sewer pipe and laterals) to be installed, 3-inch detectable marking tape, of appropriate color and appropriate warning statement, shall be placed along the entire pipe length. In all cases, marking tape shall be installed two feet (2’) below grade or one-half the pipe’s bury, whichever is less,during backfill operations (refer to Utilities Standards Manual Section 1 – 1.1 and 2.2.1). All PVC pipe, PVC fittings, and identification tape shall be color-coded per Collier County Standards. HDPE pipe installed by horizontal directional drilling will not be required to be marked with metalized warning tape. 2. Electronic Markers (see County Approved Product List, Appendix F): Install electronic markers twenty-four inches (24”) below final grade, above pipe, at all bends or changes in alignment and every two hundred and fifty feet (250’) along the pipe between bends. 3. Tracer Wire: All mainline piping shall be marked with a tracer wire secured to the pipe. For direct burial, a #12 AWG HS-CCS high-strength copper clad steel conductor (HS-CCS), insulated with a 30-mil high-density, high molecular weight polyethylene (HDPE) insulation, and be rated for direct burial use at 30 volts. HS-CCS conductor must be at 21% conductivity for locating purposes, break load 380# minimum. HDPE insulation shall be RoHS compliant and utilize virgin grade material. (See County Approved Products List, Appendix F). 2.a. Splices along the continuous run of trace wire for repair of a wire break or replacement of a failed segment of wire shall be manufactured by (See County Approved Products List, Appendix F). Approved alternates must securely connect two or more wires, effectively moisture seal by means of a dielectric non-hardening silicone sealant, manufacturer approved for direct burial and rated for a minimum of 50V. 3. Formatted: Indent: Left: 1.08", No bullets or numbering Formatted: Indent: Left: 1.08", No bullets or numbering Formatted: Level 5 Formatted: No bullets or numbering Item Manufacturer Model(s)Location in Standards Manual 1) Substitutions for any item listed below shall be submitted using the "Vendor and Manufacturer Approval Application Form," Appendix E, and reviewed to be considered an equal. Collier County Public Utilities Department County Approved Product List Water Systems NOTES: 2) If a product is not listed, refer to the Specifications for performance standards. Service Saddles (Brass)Ford F202B Section 331200, Page 7, 2.3 G.1 Service Saddles (Brass)Mueller DR2 B Section 331200, Page 7, 2.3 G.1 Service Saddles (PVC) Perm Bact Sample Point Powerseal P3401 SERIES Section 331200, Page 7, 2.3 G.1/W-6 Service Saddles (PVC) Perm Bact Sample Point Ford S 90 SERIES Section 331200, Page 7, 2.3 G.1/W-6 Service Wye Ford Y44-xxx-NL W-12 Strainer, Flanged (Staff Use)Mars Z-plate Strainer, Flanged (Staff Use)Neptune Rilsan nylon-coated ductile iron Tapping Saddle/ Hot taps Powerseal P3490MJ Series W-12 Valve Box Tyler/Union 461 Section 331200, Page 4, 2.3 B.2 Valve Box, Locking Cover AMPro USA LL562 Section 331200, Page , 2.3 B.2. Valve Setter Wilkins WMJS W-9A/W-11A Valve, Air Val-Matic Model 801AS W-11/W-14/W-16 Valve, Air Release A.R.I.D-040 (nylon), D-040 ST ST (SS)W-5 Valve, Bacterial Sampling Station Line Mueller Mark II Oriseal Section 331200, Page 3, 2.3 A.1 Valve, Ball Ford Section 331200, Page 3, 2.3 A.1 Valves and Appurtenances American Darling Section 331200 2.3 A Valves and Appurtenances A.Y. McDonald Section 331200 2.3 A Valves and Appurtenances Clow Section 331200 2.3 A Valves and Appurtenances Ford Section 331200 2.3 A Valves and Appurtenances Kennedy Section 331200 2.3 A Valves and Appurtenances Mueller Section 331200 2.3 A Valves and Appurtenances U.S. Pipe Section 331200 2.3 A Appendix F Page 3 of 3 Rev. 07/2018 VENDOR SIZE MODEL NO. TYPE USE Ames / Watts 3/4" - 2" 400B / 919 RP Residential or commercial potable water locations Watts 3/4" - 2" 909-009 Series RP Residential or commercial potable water locations Wilkins 3/4" - 2" 975 RP Residential or commercial potable water locations Ames / Watts 2.5" - 10"C-400 / 957 RP Large size meter - potable water for commercial or residential applications Watts 2.5" - 10" 909 RP Large size meter - potable water for commercial or residential applications Wilkins 2.5" - 10" 375 RP Large size meter - potable water for commercial or residential applications Ames 3/4" - 2" 4000B-LBV 4000B-FP RP Combo services: fire and domestic lines Watts 3/4" - 2" 009LF RP Combo services: fire and domestic lines Wilkins 3/4" - 2" 975XL (w/OS&Y only) RP Combo services: fire and domestic lines Ames Colt 2.5" - 10" C-400 (w/OS&Y only) RP Combo services: fire and domestic lines Watts 2.5" - 10" 909 (w/OS&Y only) RP Combo services: fire and domestic lines Wilkins 2.5" - 10" 375 RP Combo services: fire and domestic lines Ames 2" 3000B DCDA Fire Lines - Standard Watts 2" - 3" 007 DCDA Fire Lines - Standard Wilkins 2" 950XLTDAF DCDA Fire Lines - Standard Ames 2.5" - 10" C300/M300 DCDA Fire Lines - Standard Watts 3" - 10" 709 DCDA Fire Lines - Standard Wilkins 2.5" - 12" 350 DCDA Fire Lines - Standard Wilkins 4" - 10" 450 (N-Shape) DCDA Fire Lines - Standard Approved Backflow Devices Note: All fire line Backflow Devices shall be UL or FM approved for fire service installation. Above is a small list, others may be used if requirements are met and information is provided Appendix G Rev. 07/2011 COLLIER COUNTY DESIGN CRITERIA Page 15 of 18 to allow isolation and removal of the valve assembly. All air release assemblies shall be installed as shown in the Utilities Detail Drawings. 3.3 Wastewater Pump Stations Wastewater pump stations shall be designed and constructed in accordance with FDEP regulatory requirements, Section 2 Technical Specifications, National Electrical Code (NEC) Requirements, and Section 3 Utilities Detail Drawings. A scaled wastewater pump station plan shall be included on the engineer’s construction drawings. Pump Station wetwells shall be designed to withstand flotation forces with the assumption that the structures are empty and ground/flood water elevation is at the top of the structures. The design shall consider the potential for damage or interruption of operation due to flooding. Pump station structures and electrical and mechanical equipment shall be designed to be protected from physical damage by the 100-year flood event. Pump stations shall be designed to remain fully operational and accessible during the 25-year flood event. Pump stations shall be designed to avoid operational problems from the accumulation of grit. Pump stations shall be designed to be readily accessible by maintenance vehicles, including pumper trucks, during all weather conditions. Pump stations shall be designed and located on the site to minimize adverse effects from odors, noise, and lighting. Pump stations shall be located on the site to have a minimum separation of 20 45 feet from the edge of the CUEcenter of the wetwell for the pump station to the edge of a body of water and 15 40 feet from the edge of the CUE for the pump station center of the wetwell to a residential structure (including appurtenances). The effective volume of wet wells shall be based on design average flows and a filling time not to exceed 30 minutes unless the facility is designed to provide flow equalization. The pump manufacturer’s duty cycle recommendations shall be utilized in selecting the minimum cycling time. Pump stations requiring a pump motor of twenty horsepower or greater shall operate by a VFD (variable frequency drive) that varies the operating speed of the pump based on wet well water levels. Pump stations shall have a compacted earth berm on three sides with 3:1 slopes to divert liquid toward the ROW. Top of berm shall be 12 inches wide and six inches higher than back of curb (with curb) or edge of pavement (without curb). Minimum berm height shall be six inches. When a pump station has a peak design flow coming into the station greater than 500 gpm, contact Public Utilities Engineering and Project Management Department for specifications. A pump station that is connected directly to the County transmission force main from a development (Community Pump Station) and any pump station that receives flow from one or more upstream pump stations or discharges through a force main 12 inches or larger (see FAC 62-604.400 (2)(a)1) shall have uninterrupted pumping capability (standby diesel pump or generator) with three days of fuel storage (compliant with Technical Specification 263213) and a concrete pad for a future odor control system. Except for grinder pump stations, which require Deviation approval, no new private pump stations are allowed. Grinder pump stations are required to have a standard generator receptacle. All other pump stations shall conform to these standards and shall be conveyed to the Collier County Water-Sewer District in accordance with the utilities conveyance policies and procedures outlined Memorandum To: Development Services Advisory Committee (DSAC) From: Eric Johnson, Principal Planner Date: August 29, 2018 Re: LDCA-PL20180002172 Affordable Housing The enclosed Land Development Code Amendment (LDCA) was reviewed by the DSAC-LDR Subcommittee (DSAC-LDR) on August 21, 2018. The DSAC-LDR unanimously approved the LDCA with certain minor changes, all of which have been incorporated into the draft LDCA. Staff also made minor edits after the DSAC-LDR for grammar and consistency with the DSAC-LDR’s recommendations, and these edits are highlighted in the enclosed. Staff anticipates the following hearing dates: • CCPC – October 4, 2018 or October 18, 2018 • BCC – November 13, 2018 or December 11, 2018 Please contact me if you have any questions. Sincerely, Eric Johnson, AICP, CFM EricJohnson@colliercountyfl.gov (239) 252-2931 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\DSAC Memo.docx 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180002172 SUMMARY OF AMENDMENT This amendment simplifies the definition of affordable housing and makes the terminology and income levels consistent with the Florida Statutes and federal guidelines. It also increases the maximum available affordable housing density bonus from 8 units to 12 units. LDC SECTIONS TO BE AMENDED 1.08.02 Definitions 2.06.01 Affordable Housing Density Bonus ORIGIN Board of County Commissioners HEARING DATES BCC – TBD CCPC – TBD DSAC – 09/05/18 DSAC-LDR – 08/21/18 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Changes DSAC TBD CCPC 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 Median Income (MI) for Collier County. These income categories include the following: extremely-low-income, very- 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx low-income, low-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. Even though the extremely-low-income category is not used in the Program, it is important to retain this threshold of household income in the Definitions, because this category is used in other County programs and reports. 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. This amendment would change the minimum number of required affordable housing units per development, from 10 units to 10 percent of the total housing units. This change is consistent with current Community and Human Services policy. DSAC-LDR Recommendations: 1. Reword a portion of the affordable housing definition, in part, by creating two separate sentences from what was one longer sentence. 2. Modify Table A. Affordable Housing Density Bonus to include the table’s title as the top row, re- introduce a note under the table that was previously earmarked by staff for deletion, and renumber the notes associated with the table. 3. Change the income verification provisions to allow the most recent year’s filed income tax returns. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY There is a companion GMP amendment that 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 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx Amend the LDC as follows: 1.08.02 Definitions 1 2 * * * * * * * * * * * * * 3 4 Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit 5 does not exceed 30 percent of that amount which represents the percentage of the median annual 6 gross income for the household. The calculation of such cost shall include the monthly rent or 7 monthly mortgage payment, property taxes, insurance, and other required fees. 8 9 Affordable housing specifically includes the following income level targets for Collier County, 10 based on the income categories as determined by the Secretary of the U.S. Department of 11 Housing and Urban Development: 12 13 a. Extremely-low-income: Households whose incomes do not exceed 30 percent of 14 the median income. 15 16 b. Very-low-income: Households whose incomes do not exceed 50 percent of the 17 median income. 18 19 c. Low-income: Households whose incomes are greater than 50 percent but do not 20 exceed 80 percent of the median income. 21 22 d. Moderate-income: Households whose incomes are greater than 80 percent but 23 do not exceed 120 percent of the median income. 24 25 e. Gap-income: Households whose incomes are greater than 120 percent but do not 26 exceed 140 percent of the median income. 27 28 * * * * * * * * * * * * * 29 30 Approved Affordable Housing: Affordable Housing that includes a long-term affordability 31 restriction wherein the cost of housing and income of the household are known and monitored, 32 for a specific period of time. 33 * * * * * * * * * * * * * 34 Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly 35 mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent 36 of an amount which represents a range of median adjusted gross annual income (median income) 37 for households as published annually by the U.S. Department of Housing and Urban Development 38 within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including 39 the following subsets: 40 Owner occupied workforce housing: 50 percent or less of median income, otherwise 41 considered to be "very-low income". 42 43 Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise 44 considered to be "low income". 45 46 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise 1 considered to be "low income". 2 3 Owner occupied workforce housing: 81 percent—100 percent of median income, 4 otherwise considered to be "moderate income". 5 6 Owner occupied gap housing: 81 percent—150 percent of median income. 7 8 Rental workforce housing less than 50 percent of median income, otherwise considered 9 to be "very-low income". 10 11 Rental workforce housing from 51 percent—60 percent of median income, otherwise 12 considered to be "low income". 13 14 The term affordable housing is specifically intended to include affordable workforce 15 housing. 16 17 Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment, 18 including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which 19 represents a range of median adjusted gross annual income (median income) for households as 20 published annually by the U.S. Department of Housing and Urban Development within the Naples 21 Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following 22 subset: 23 The term "gap housing: 81 percent—150 percent of median income" is specifically 24 intended to include similar categories, such as "Essential Personnel Housing", 25 "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to 26 provide housing for households falling above the federal and state assistance guidelines, 27 but still unable to afford market priced homes. 28 29 # # # # # # # # # # # # # 30 31 2.06.00 – AFFORDABLE HOUSING DENSITY BONUSES 32 33 2.06.01 – Generally 34 35 A. Within most of the coastal urban designated areas identified on the future land use map of 36 the Collier County Growth Management Plan (GMP), a base density of four (4) 37 residential dwelling units per gross acre is permitted. However, the base density may 38 be adjusted depending on the characteristics of the development. One characteristic of 39 a housing development which would allow the addition of density bonuses in order to 40 increase the density over the base density is the provision of affordable housing in the 41 development. The provision of affordable housing units may add up to eight (8) 12 42 dwelling units per gross acre to the base density of four (4) residential dwelling units per 43 gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any 44 other density bonuses available, and minus any density reduction for traffic congestion 45 area that is required, pursuant to the Collier County GMP. The total eligible density 46 must not exceed the maximum density allowed pursuant to the GMP a total of sixteen 47 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx (16) dwelling units per gross acre, except as allowed through use of transfer of 1 development rights, as provided for in the growth management plan. The program to 2 accomplish this increase to provide affordable housing is called the affordable housing 3 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 gross 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 his designee. One additional copy of the application as otherwise 50 6 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx required must be provided for the housing and urban improvement director. 1 The application must, at a minimum, include: 2 3 a. Zoning districts proposed by the applicant on the property and acreage of 4 each; 5 6 b. The total number of residential dwelling units in the proposed 7 development, categorized by number of bedrooms and whether the unit 8 is to be rented or owner-occupied; 9 10 c. The total number of AHDB units requested, categorized by number of 11 bedrooms and whether the unit is to be rented or owner-occupied; 12 13 d. Total number of affordable housing units proposed in the development, 14 categorized by level of income, number of bedrooms (one bedroom, two 15 bedrooms, three bedrooms, or more), and rental units and owner-16 occupied units: 17 18 i. Gap-income households. 19 20 ii. Moderate-income households (one bedroom, two bedrooms, or 21 three bedrooms or more. 22 23 iii. Low-income households (one bedroom, two bedrooms, or three 24 bedrooms or more. 25 26 iv. Very-low-income households (one bedroom, two bedrooms, or 27 three bedrooms or more. 28 29 Total affordable housing units (one bedroom, two bedrooms, or 30 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 unit development (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 housing and urban improvement director shall 46 determine whether the application submitted is complete. If it is determined he 47 determines that the application is not complete, the County Manager or designee 48 housing and urban improvement director shall notify the applicant in writing of 49 the deficiencies. The County Manager or designee housing and urban 50 improvement director shall take no further steps to process the application 51 7 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx until the deficiencies have been remedied. 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 services 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 8 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx application for rezoning before the BCC, and the BCC must consider the 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 moderate, low, or very-low-income, thus expanding housing opportunities for gap , 29 moderate, low, and very-low-income households throughout the county. The purpose 30 of the AHDB monitoring program is to provide assurance that the program is properly 31 implemented, monitored, and enforced, and that useful information on affordable 32 housing may be collected. 33 34 2.06.03 – AHDB Rating System 35 36 A. The AHDB rating system shall be used to determine the amount of the AHDB which may 37 be granted for a development, based on household income level, type of affordable 38 housing units (owner-occupied or rental, single-family or multi-family), and percentage 39 of affordable housing units in the development. To use the AHDB rating system, Table 40 A below, shall be used. Table A shall be reviewed and updated, if necessary, on an 41 annual basis by the BCC or its designee. 42 43 1. First, choose the household income level (50% of median income, 60% of 44 median income, or 80% of median income) of the affordable housing unit(s) 45 proposed in the development, and the type of affordable housing units (owner-46 occupied or rental, single-family or multi-family, where applicable) to be 47 provided, as shown in Table A. An AHDB based on the household income 48 level is shown in Table A. Table A will indicate the maximum number of 49 residential dwelling units per gross acre that may be added to the base 50 density. These additional residential dwelling units per gross acre are the 51 9 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx maximum AHDB available to that development. Developments with 1 percentages of affordable housing units which fall in between the percentages 2 shown on Table A shall receive an AHDB equal to the lower of the 2 percentages 3 it lies between, plus 1/10 of a residential dwelling unit per gross acre for each 4 additional percentage of affordable housing units in the development. For 5 example, a development which has 24 percent of its total residential dwelling 6 units as affordable housing units, at the 80 percent MI level will receive an AHDB 7 of 2.4 residential dwelling units per gross acre for the development. 8 9 2. Where more than 1 type of affordable housing unit (based on level of income 10 shown in Table A) is proposed for a development, the AHDB for each type shall 11 be calculated separately. After the AHDB calculations for each type of 12 affordable housing unit have been completed, the AHDB for each type of unit 13 shall be added to those for the other type(s) to determine the maximum 14 AHDB available for the development. In no event shall the AHDB exceed eight 15 (8) dwelling units per gross acre. 16 17 Table A. Affordable-Workforce-Gap Housing Density Bonus 18 (Additional Available Dwelling Units Per Gross Acre) 19 20 Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-21 Workforce-Gap Housing1 22 23 Product (% of MI3) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing1,2 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap (>120 - ≤140)4, 5 1 2 3 4 5 6 7 8 n/a n/a Moderate (>80 - ≤120)3 2 4 5 6 7 8 9 10 11 12 Low (>50 - ≤80) 3 6 7 8 9 10 11 12 12 12 Very Low (≤50) n/a 8 9 10 11 12 12 12 12 12 24 Product2 Household Income (% median) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap 81-150% MI* ** 1 2 3 4 5 6 6 6 6 n/a Moderate Workforce 61-80% MI* 2 3 5 8 8 8 8 8 8 8 Low 51-60% 3 4 6 8 8 8 8 8 8 8 Very Low 50% or less MI 4 5 7 8 8 8 8 8 8 8 25 10 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx 1 Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing 1 Density Bonus. In no event shall the maximum gross density exceed that which is 2 allowed pursuant to the Growth Management Plan (GMP). 3 4 2 Developments with percentages of affordable housing units which fall in between the 5 percentages shown on Table A shall receive an AHDB equal to the lower of the two 6 percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for 7 each additional percentage of affordable housing units in the development. 8 9 3 Where more than one type of affordable housing unit (based on level of income 10 shown above) is proposed for a development, the AHDB for each type shall be 11 calculated separately. After the AHDB calculations for each type of affordable 12 housing unit have been completed, the AHDB for each type of unit shall be 13 added to those for the other type(s) to determine the maximum AHDB available 14 for the development. In no event shall the AHDB exceed 12 dwelling units per gross 15 acre. 16 17 4 * Owner-occupied only 18 19 5 ** May only be used in conjunction with at least 20 10% at or below 120 80% MI 20 21 Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density 22 Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. 23 24 B. The AHDB shall be available to a development only to the extent that it otherwise 25 complies and is consistent with the GMP and the land development regulations, 26 including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, 27 where applicable. 28 29 C. The minimum number of affordable housing units that shall be provided in a development 30 pursuant to this section shall be ten (10) percent of the total affordable housing units. 31 32 D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to 33 the ratio of the number of bedrooms per residential unit for the entire development. 34 35 2.06.04 - Limitations on Affordable Housing Density Bonus 36 37 Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all 38 of the AHDB for a development: 39 40 A. Affordable housing density bonus development agreement required. The AHDB shall 41 be available to a development only when an AHDB development agreement has been 42 entered into by the developer/ applicant and the BCC, and such agreement has been 43 approved by the county attorney and the BCC pursuant to the public hearing process 44 established in this section prior to execution. Amendments to such agreement shall be 45 processed in the same manner as the original agreement. The AHDB development 46 agreement shall include, at a minimum, the following provisions: 47 48 1. Legal description of the land subject to the agreement and the names of its 49 legal and equitable owners. 50 51 11 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx 2. Total number of residential dwelling units in the development. 1 2 3. Minimum number of affordable housing units, categorized by level of household 3 income, type of unit (single-family or multifamily, owner-occupied or rental), and 4 number of bedrooms, required in the development. 5 6 4. Maximum number of AHDB dwelling units permitted in the development. 7 8 5. Gross residential density of the development. 9 10 6. Amount of monthly rent for rental units, or the price and conditions under which an 11 owner-occupied unit will be sold, for each type of affordable housing unit in 12 accordance with the definition for each type of affordable housing rental unit – gap, 13 (moderate, low, and very-low). 14 15 7. The foregoing notwithstanding, any rent charged for an affordable housing unit 16 rented to a low or very-low-income household family shall not exceed 90 percent 17 of the rent charged for a comparable market rate dwelling in the same or similar 18 development. Comparable market rate means the rental; amount charged for the 19 last market rate dwelling unit of comparable market rate dwelling in the same or 20 similar development. Comparable market rate means the rental amount charged 21 for the last market rate dwelling unit of comparable square footage, amenities, and 22 number of bedrooms, to be rented in the same development the amount published 23 by the Florida Housing Finance Corporation for Collier County adjusted by income 24 level, family size, and number of bedrooms, and updated annually. 25 26 8. No affordable housing unit in the development shall be rented to a tenant 27 whose household income has not been verified and certified in accordance with 28 this division as a moderate, low, or very-low-income household family . Such 29 verification and certification shall be the responsibility of the developer and 30 shall be submitted to the County Manager or his designee for approval. Tenant 31 income verification and certification shall be repeated annually to assure continued 32 eligibility. 33 34 9. No affordable housing unit that is to be sold, leased with option to purchase, or 35 otherwise conveyed in the development shall be sold, leased with option to 36 purchase, or otherwise conveyed to a buyer whose household income has not 37 been verified and certified in accordance with this section as a gap, moderate, 38 low, or very-low-income household family. Such verification and certification shall 39 be the responsibility of the developer and shall be submitted to the County 40 Manager or his designee for approval. It is the intent of this section to keep housing 41 affordable; therefore, any person who buys an affordable housing unit must agree, 42 in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier 43 County, Florida, that if he sells the property (including the land and/or the unit) 44 within 15 years after the his original purchase at a sales price in excess of five 45 percent per year of the his original purchase price that he will pay to the county an 46 amount equal to one-half of the sales price in excess of five percent increase per 47 year. The lien instrument may be subordinated to a qualifying first mortgage. 48 49 10. For example, a person originally buys a designated affordable housing unit (a 50 house) for $60,000.00 and sells it after five years for $80,000.00. A five percent 51 12 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx increase per year for five years will give a value of $76,577.00. Deducting this 1 amount from the sales price of $80,000.00 gives a difference of $3,423.00. The 2 seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment 3 of this amount would release the first owner from the recorded lien against the 4 property. Such payment shall be maintained in a segregated fund, established 5 by the county solely for affordable housing purposes, and such money shall be 6 used solely to encourage, provide for, or promote affordable housing in Collier 7 County. 8 9 11. No affordable housing unit in any building or structure in the development shall 10 be occupied by the developer, any person related to or affiliated with the 11 developer, or a resident manager. 12 13 12. When the developer advertises, rents, sells or maintains the affordable housing 14 unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory 15 manner and make available any relevant information to any person who is 16 interested in renting or purchasing such affordable housing unit. The developer 17 shall agree to be responsible for payment of any real estate commissions and 18 fees. The affordable housing units in the development shall be identified on all 19 building plans submitted to the county and described in the application for 20 AHDB. 21 22 13. The developer shall not disclose to persons, other than the potential tenant, 23 buyer or lender of the particular affordable housing unit or units, which units in 24 the development are designated as affordable housing units. 25 26 14. The square footage, construction and design of the affordable housing units shall 27 be the same as market rate dwelling units in the development. 28 29 15. The AHDB agreement and authorized development shall be consistent with the 30 growth management plan and land development regulations of Collier County 31 that are in effect at the time of development. Subsequently adopted laws and 32 policies shall apply to the AHDB agreement and the development to the extent that 33 they are not in conflict with the number, type of affordable housing units and the 34 amount of AHDB approved for the development. 35 36 16. The affordable housing units shall be intermixed with, and not segregated 37 from, the market rate dwelling units in the development. 38 39 17. The conditions contained in the AHDB development agreement shall constitute 40 covenants, restrictions, and conditions which shall run with the land and shall be 41 binding upon the property and every person having any interest therein at any time 42 and from time to time. 43 44 18. The AHDB development agreement shall be recorded in the official records of 45 Collier County, Florida, subsequent to the recordation of the grant deed pursuant 46 to which the developer acquires fee simple title to the property. 47 48 19. Each affordable housing rental unit shall be restricted to remain and be maintained 49 as the type of affordable housing rental unit (moderate, low or very-low-50 13 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx income) designated in accordance with the AHDB development agreement for 1 at least 30 15 years from the issuance of a certificate of occupancy for such unit. 2 3 20. The developer and owner of a rental the development shall provide on-site 4 management to assure appropriate security, maintenance and appearance of the 5 development and the dwelling units where these issues are a factor. 6 7 B. Compliance with growth management plan and land development regulations. The AHDB 8 shall be available to a development only to the extent that it otherwise complies and is 9 consistent with the GMP and the land development regulations, including the procedures, 10 requirements, conditions and criteria for planned unit developments (PUDs) and 11 rezonings, where applicable. 12 13 C. Minimum number of affordable housing units. The minimum number of affordable 14 housing units that shall be provided in a development pursuant to this section shall be 15 ten 10 percent of the total affordable housing units. 16 17 D. Nontransferable. The AHDB is not transferrable between developments or properties. 18 19 E. Phasing. In the case where a development will occur in more than one phase, the 20 percentage of affordable housing units to which the developer has committed for the 21 total development shall be maintained in each phase and shall be constructed as 22 part of each phase of the development on the property. For example, if the total 23 development's AHDB is based on the provision of ten percent of the total dwelling units 24 as affordable housing rental units for low income households with two bedrooms per 25 unit, then each phase must maintain that same percentage (10% ten percent in this 26 case) cumulatively. 27 28 2.06.05 - Affordable Housing Density Bonus Monitoring Program 29 30 A. Annual progress and monitoring report. The AHDB for a development shall be subject to 31 the AHDB monitoring program set forth in this section. The developer shall provide the 32 County Manager or his designee with an annual progress and monitoring report regarding 33 the delivery of affordable housing rental/ownership units throughout the period of their 34 construction, rental, sale, and occupancy for each of the developer's developments which 35 involve the AHDB in a form developed by the County Manager or his designee. The 36 annual progress and monitoring report shall, at a minimum, require any information 37 reasonably helpful to ensure compliance with this section and provide information with 38 regard to affordable housing in Collier County. To the extent feasible, the County 39 Manager or his designee shall maintain public records of all dwelling units (AHDB and 40 affordable housing units) constructed pursuant to the AHDB program, all affordable 41 housing units constructed pursuant to the AHDB program, occupancy statistics of such 42 dwelling units, complaints of violations of this section which are alleged to have 43 occurred, the disposition of all such complaints, a list of those persons who have 44 participated as tenants or buyers in the AHDB program, and such other records and 45 information as the County Manager or his designee believes may be necessary or 46 desirable to monitor the success of the AHDB program and the degree of compliance 47 therewith. Failure to complete and submit the monitoring report to the County Manager 48 or his designee within 60 days from the due date will result in a penalty of up to $50.00 49 per day per incident or occurrence unless a written extension not to exceed 30 days is 50 requested prior to expiration of the 60-day submission deadline. 51 14 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx 1 B. Income verification and certification. 2 3 1. Eligibility. The determination of eligibility of gap, moderate, low, and very-low-4 income households to rent or buy and occupy affordable housing units is the 5 central component of the AHDB monitoring program. Household income eligibility 6 is a three-step process: 7 8 (a) Submittal of an application by a buyer or tenant; 9 10 (b) Verification of household income; and 11 12 (c) Execution of an income certification. 13 14 All three shall be accomplished prior to a buyer or tenant being qualified as an 15 eligible household to rent or purchase and occupy an affordable housing unit 16 pursuant to the AHDB program. No person shall occupy an affordable housing 17 unit provided under the AHDB program prior to being qualified at the appropriate 18 level of income (gap, moderate, low or very-low-income). 19 20 Eligibility. The determination of eligibility of moderate, low, and very low 21 income families to rent or buy and occupy affordable housing units is the central 22 component of the AHDB monitoring program. Family income eligibility is a three-23 step process: (1) submittal of an application by a buyer or tenant; (2) verification 24 of family income; and (3) execution of an income certification. All three shall be 25 accomplished prior to a buyer or tenant being qualified as an eligible family to rent 26 or purchase and occupy an affordable housing unit pursuant to the AHDB program. 27 No person shall occupy an affordable housing unit provided under the AHDB 28 program prior to being qualified at the appropriate level of income (moderate, low 29 or very low income). 30 31 2. The developer shall be responsible for accepting applications from buyers or 32 tenants, verifying income and obtaining the income certification for its development 33 which involves AHDB, and all forms and documentation must be provided to the 34 County Manager or his designee prior to qualification of the buyer or tenant as 35 a gap, moderate, low, or very-low-income household family. The County Manager 36 or his designee shall review all documentation provided, and may verify the 37 information provided from time to time. Prior to occupancy by a qualified buyer 38 or tenant, the developer shall provide to the County Manager or his designee, at 39 a minimum, the application for affordable housing qualification, including the 40 income verification form and the income certification form, and the purchase 41 contract, lease, or rental agreement for that qualified buyer or tenant. At a 42 minimum, the lease shall include the name, address and telephone number of 43 the head of household and all other occupants, a description of the unit to be rented, 44 the term of the lease, the rental amount, the use of the premises, and the rights 45 and obligations of the parties. Random inspections to verify occupancy in 46 accordance with this section may be conducted by the County Manager or his 47 designee. 48 49 3. Application. A potential buyer or tenant shall apply to the developer, owner, 50 manager, or agent to qualify as a gap, moderate, low, or very-low-income 51 15 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx household f a m i l y for the purpose of renting, or owning and occupying an 1 affordable housing rental unit pursuant to the AHDB program. The application for 2 affordable housing qualification shall be in a form provided by the County Manager 3 or his designee and may be a part of the income certification form. 4 5 4. Income verification. The County Manager or his designee or the developer shall 6 obtain written verification from the potential occupant (including the entire 7 household) to verify all regular sources of income to the potential tenant/owner 8 (including the entire household). The written verification form shall include, at a 9 minimum, the purpose of the verification, a statement to release information, 10 employer verification of gross annual income or rate of pay, number of hours 11 worked, frequency of pay, bonuses, tips and commissions and a signature block 12 with the date of application. The verification may take the form of the most recent 13 year's federal income tax return for the potential occupants (including the entire 14 household), a statement to release information, tenant verification of the return, 15 and a signature block with the date of application. The verification shall be valid 16 for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the 17 information may be verbally updated from the original sources for an additional 18 30 days, provided it has been documented by the person preparing the original 19 verification. After this time, a new verification form must be completed. The income 20 verification may take the form of the most recent year’s filed income tax return for 21 each occupant who had filed and will occupy the affordable housing unit. 22 23 5. Income certification. Upon receipt of the application and verification of income, 24 an income certification form shall be executed by the potential buyer or tenant 25 (including the entire household) prior to sale or rental and occupancy of the 26 affordable housing unit by the owner or tenant. Income certification that the 27 potential occupant has a gap, moderate, low, or very-low-income household 28 income qualifies the potential occupant as an eligible household family to 29 buy or rent and occupy an affordable housing unit under the AHDB program. The 30 income certification shall be in a form provided by the County Manager or his 31 designee. 32 33 6. The Developer shall be deemed in compliance with the AHDB agreement if the 34 Developer has complied with the tenant eligibility and qualification requirements of 35 the Florida Housing Finance Corporation by providing Community and Human 36 Services a copy of the annual Florida Housing Finance Corporation compliance and 37 program reports. 38 39 40 41 2.06.06 - Violations and Enforcement 42 43 A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell 44 or occupy, an affordable housing rental unit provided under the AHDB program except 45 as specifically permitted by the terms of section 2.06.00, or to knowingly give false or 46 misleading information with respect to any information required or requested by the 47 County Manager or his designee or by other persons pursuant to the authority which is 48 delegated to them by section 2.06.00. 49 50 16 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\09-05-2018\Affordable Housing (08-28-2018).docx B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, 1 a notice of violation shall be issued and sent by the County Manager or his designee by 2 certified return receipt requested U.S. mail, or hand delivery to the person or developer 3 in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed 4 and dated by the County Manager or his designee or such other county personnel 5 as may be authorized by the BCC, shall specify the violation or violations, shall state 6 that said violation(s) shall be corrected within 10 ten days of the date of notice of 7 violation, and shall state that if said violation(s) is not corrected by the specified date that 8 civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by 9 the specified date in the notice of violation, the County Manager or his designee shall 10 issue a citation which shall state the date and time of issuance, name and address 11 of the person in violation, date of the violation, section of these regulations, or 12 subsequent amendments thereto, violated, name of the County Manager or his 13 designee, and date and time when the violator shall appear before the code enforcement 14 board. 15 16 C. Criminal enforcement. Any person who violates any provision of this section shall, upon 17 conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment 18 in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions 19 of F.S. § 125.69. Such person also shall pay all costs, including reasonable 20 attorney ’s fees, including those incurred on appeal, involved in the case. Each day 21 such violation continues, and each violation, shall be considered a separate offense. 22 23 D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant 24 to section 2.06.06 C. above, Collier County and the County Manager or his designee 25 shall have full power to enforce the terms of this section and any AHDB development 26 agreements, rezoning conditions or stipulations, and planned unit development (PUD) 27 conditions and stipulations pursuant to this section and the rights, privileges and 28 conditions described herein, by action at law or equity. In the event that it is determined 29 that a violation has occurred and has not or will not be corrected within 60 days, the 30 certificate of occupancy for all AHDB units within the development shall be withdrawn and 31 the sanctions or penalties provided in the AHDB development agreement shall be 32 pursued to the fullest extent allowed by law. 33 34 # # # # # # # # # # # # # 35 Collier County Community Housing Plan Presentation: Housing Plan Implementationn Phase 3- Regulatory Relief 9/5/18 DSAC 1 2 Upcoming Consideration –Oct 2018 3Regulation and Governance Increase, Maintain, or Restore Supply Enhance Transportation Options Increase Wages Communication and Engagement 7 member BCC Increase Density in AHDB program Bus routes near aff. development Government wages YIMBY and Volunteer Projects Simple Majority for AH Zoning Incl. Zoning with flexibility options Park and Ride System Minimum wage Directory of affordable housing for developers Increase Density at Strategic Sites Rental of guest houses / ADU Bus Rapid transit or express routes Myths and Facts Brochure Increase Admin Approvals / Regulatory Relief Commercial by Transp, Jobs; Incr. density Implement Pathways Plan Marketing and Communication Plan Expedite Dev. Review and Permitting Community Land Trust Promote Ride Sharing Options Hire Community Outreach Coord Reduce regs to reduce cost Use Publicly owned land Secure revenue source for transit Streamline application process Adopt SMART code (LDC) Reduce or waive impact fees Directory of affordable housing for consumers Reinstate Housing Trust Fund Dev Housing Education Program Dedicated Funding Source Housing Resources Guide Adopt New Definition and Methodology Hire Housing Counselor Commercial to Residential Conversions Community Vision Housing Plan Implementation Items for October consideration Direct staff to continue work on a Mixed Income Housing Incentive Program Provide regulatory relief to certain housing applications (including senior housing) Develop a streamlined process for commercial to residential conversions Develop guidelines to incentivize mixed income residential housing in future and redeveloped activity centers Develop a process identify and allow for increased density in Strategic Opportunity Sites (over 16 units/acre) Provide an increase in density in the Community Redevelopment Agency (CRA) areas and along transit corridors 4 Increase Admin Approvals/ Regulatory Relief 5Regulation and Governance Increase, Maintain, or Restore Supply Enhance Transportation Options Increase Wages Communication and Engagement 7 member BCC Increase Density in AHDB program Bus routes near aff. development Government wages YIMBY and Volunteer Projects Simple Majority for AH Zoning Incl. Zoning with flexibility options Park and Ride System Minimum wage Directory of affordable housing for developers Increase Density at Strategic Sites Rental of guest houses / ADU Bus Rapid transit or express routes Myths and Facts Brochure Increase Admin Approvals / Regulatory Relief Commercial by Transp, Jobs; Incr. density Implement Pathways Plan Marketing and Communication Plan Expedite Dev. Review and Permitting Community Land Trust Promote Ride Sharing Options Hire Community Outreach Coord Reduce regs to reduce cost Use Publicly owned land Secure revenue source for transit Streamline application process Adopt SMART code (LDC) Reduce or waive impact fees Directory of affordable housing for consumers Reinstate Housing Trust Fund Dev Housing Education Program Dedicated Funding Source Housing Resources Guide Adopt New Definition and Methodology Hire Housing Counselor Commercial to Residential Conversions Community Vision Provide Regulatory Relief to Certain Housing Applications THAT ADDRESS HOUSING AFFORDABILITY AND TO INCREASE CERTAINTY 6 Provide Regulatory Relief to Certain Housing Applications that Address Housing Affordability Purpose -Incentivize the development of Housing that Is affordable by increasing certainty. 7 Provide Regulatory Relief to Certain Housing Applications that Address Housing Affordability Creating development incentives for developments that voluntarily include housing that is affordable will encourage the development for more affordable units. Possible examples of such incentives could include: Allow an increased Floor Area Ratio (FAR) for Assisted Living Facilities that increase the number of Medicare (affordable) beds Allow Cluster Housing for developments including Housing that is Affordable without a Conditional Use Provide Relief from some site design standards for developments including Housing that is Affordable (i.e.-Road/sidewalk widths, generators, design criteria, reduced parking standards, etc.) Staff will work with the Development Services Advisory Committee to explore and vet possible changes to the LDC that would provide regulatory relief and bring suggested amendments back the Board for approval. 8 Provide Regulatory Relief to Certain Housing Applications that Address Housing Affordability Benefits If certain reliefs are spelled out, developers increase certainty The relief incentives are to encourage more housing that is affordable Relief would need to maintain the health, safety, and welfare Public benefit because this is a priority of the BCC to make sure there is housing sufficient to meet the needs of the community 9 Recommendation to BCC Direct staff to review regulations and develop Land Development Code amendments that will provide Development Relief to certain Residential land use Applications that voluntarily provide a portion of their units as Housing that is Affordable 10 Questions 11 Floodplain Management Section – Building Plan Review and Inspections August 2018 Repeal of Collier County Flood Damage Prevention Ordinance – Replace with State of Florida Model Floodplain Management Ordinance Supplemental Materials and Proposed Ordinance 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?nodeId=PTI CO_CH62FL FLOODPLAIN MANAGEMENT REGULATIONS AND THE FLORIDA BUILDING CODE FLOODPLAIN MANAGEMENT SECTION BUILDING PLAN REVIEW & INSPECTIONS AUGUST 2018 NATIONAL FLOOD INSURANCE PROGRAM A PARTNERSHIP: •FEMA •Provides flood maps and sets minimum regulations •Provides federal flood insurance •Florida DEM, State Floodplain Management Office •Provides technical assistance •Communities •Adopt flood maps •Adopt and enforce regulations •The Florida Building Code governs the design of buildings •Appropriate to address all hazards in the code, including flood loads •The FBC includes design and construction requirements for buildings in flood hazard areas •FBC 6th Ed. requires BFE +1 for all structures FLORIDA BUILDING CODE WHY CHANGE LOCAL REGULATIONS? •Commitment to FEMA and the National Flood Insurance Program to maintain adequate regulations and procedures •Coordinate the Florida Building Code with local floodplain management regulations to avoid redundant or conflicting requirements •Update provisions based on best management practices, learning lessons from Hurricane Irma, and future Florida Building Code requirements •Model Ordinance was developed by Florida Division of Emergency Management •Explicitly coordinated with FBC •Basic model approved by FEMA •Reviewed by the Building Officials Association of Florida •Reviewed by Florida Floodplain Management Association STATE MODEL FLOODPLAIN MANAGEMENT ORDINANCE •More specific administrative provisions •Definitions match the FBC •Recaptures and regulates buildings exempt from the FBC •Coordination between the Building Official and Floodplain Administrator NFIP Flood Provisions for Buildings Florida Building Code Local Ordinance NEW STATE MODEL ORDINANCE •Has provisions for development other than buildings •Manufactured homes, recreational vehicles, tanks, floodplain fill, channel alterations •Incorporates long-standing FEMA policies and guidance, facilitating interpretation and compliance •Includes future Florida Building Code requirements LOWEST FLOOR REQUIREMENTS •Adopts our 2012 Flood Insurance Study and Flood Insurance Rate Maps •Retains the 18” and 24” above the crown of the road provision, now limited to residential buildings •Not required for development permitted by SFWMD •Removes the requirement for detached slabs, garages, or sheds to be elevated to crown of road. •Federal and FBC standards apply •Elevation certificate is required NON-CONVERSION AGREEMENT •Introduces a Non-conversion Agreement for the following: •An enclosure below an elevated building •A crawl/underfloor space that are more than 5 feet in height (measured from the lowest interior grand or floor to the bottom of the floor system above) •A detached structure that is not elevated and is larger than 120 square feet in area. •Required for new construction, substantial improvement and alterations to enclosures •Recorded in the County’s public records •Informs future buyers, reduces loss •No inspections required MANUFACTURED HOME REQUIREMENTS •Manufactured Homes will be required to meet BFE +1 (but less restrictive than model ordinance) •Addresses how additions and attachments are permitted •3 walls or 4 walls •Requires replacement mechanical equipment to lowest floor or BFE, whichever is lower. •All work requires permits •Floodplain Management Permit TEMPORARY EMERGENCY HOUSING •Special section dedicated to allowing Federal, State, and Local government the ability to locate temporary housing in the SFHA. •Allows for 6 months, which can be extended by the BCC, as needed. •Floodplain Management permit required REVIEW AND APPROVAL PROCESS •DEM reviewed the draft ordinance •Verified correct dates •Checked our community-specific modifications •Helped with language for higher standard •Helped draft language to address gaps in regulation and common policies. •Reviewed by County advisory committees •After adoption by the County •Send to DEM for final review and concurrence •DEM sends to FEMA Region IV for approval QUESTIONS? Page 1 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Comparison of Significant Changes Between the Current Flood Damage Prevention Ordinance and State Model Ordinance Existing FDPO State Model Ordinance Explanation ARTICLE I. - ADMINISTRATION DIVISION 1. - GENERAL Related to 62-126 (16) address residential and non-residential development, with exception for development permitted by South Florida Water Management District (SFWMD) Sec. 62-2. - Scope. This ordinance shall also apply to establishing minimum floor elevations for buildings constructed within areas identified as Zone X and X-500 on the Flood Insurance Rate Maps adopted in Section 62-13. Included to retain the 18” above the crown of the road provision for residential structures with exception for development permitted by SFWMD Related to 62-126 (16) Sec. 62-12. - Areas to which this ordinance applies. Additionally, the requirements for establishing minimum floor elevations shall be applicable for all areas identified as Zone X and X 500. Included to retain the 18” above the crown of the road provision for residential structures with exception for development permitted by SFWMD DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR new Sec. 62-22. - General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish Often specific standards are not outline in an ordinance or in the FBC. We need to be able to use Technical Bulletins and other Page 2 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Division 7 of this article. The Floodplain Administrator may consult with and rely on technical bulletins, desk references, and other guidance publications issued by the Federal Emergency Management Agency for guidance in the administration and interpretation of this ordinance and advising on the flood provisions of the Florida Building Code. documents posted by the State and FEMA to help with interpretation. This is intended to help with transparency. Sec. 62-24. - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings, structures, manufactured homes, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and To make it clear that MHUs will be included in this requirement. This is our appeals process for determining Substantial Damage for all structure types. Page 3 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. (5) Property owners of buildings, structures and facilities regulated by, or exempt from, the Florida Building Code, including manufactured homes, may appeal a substantial damage determination first through the building permit process as established in the Administrative Code for Land Development. Subsequent appeals shall be processed in accordance with Article 7 of this article. DIVISION 4. - PERMITS Sec. 62-34. - Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (8) Identify and describe the development to be covered by the permit or approval. (9) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (10) Indicate the use and occupancy for which the proposed development is intended. (11) Be accompanied by a site plan or construction documents as specified in Division 5 of this article. (12) State the valuation of the proposed work. (13) Be signed by the applicant or the applicant's authorized agent. (14) Give such other data and information as required The County has encountered continual problems with property owners converting non-living space to livable space. This will help clarify for future buyers and the current owner that these spaces are not legal living spaces. 5 feet is based on FBC, Residential 305.1 120 sq. ft. is based on FBC, residential [need to get with Jon Walsh to get the citation] Page 4 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx by the Floodplain Administrator. (15) A signed Declaration of Land Restriction (Non- conversion Agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy or certificate of completion for the following: a. An enclosure below an elevated building b. A crawl/underfloor space that are more than 5 feet in height (measured from the lowest interior grand or floor to the bottom of the floor system above) c. A detached structure that is not elevated and is larger than 120 square feet in area. DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 62-128. - Specific standards for A-zones without base flood elevations and regulatory floodways. (7) When the data is not available from any source, including data developed pursuant to Division 5, Subsection 62-128(2), of this Ordinance, the lowest floor of the Structure shall be elevated to no lower than four feet above the Highest adjacent grade or WSWT, whichever is higher, OR if utilizing a pressurized septic design, engineering justifications, considering adjacent Flood elevations and other applicable criteria, Sec. 62-42. - Information in flood hazard areas without base flood elevations (approximate Zone A). *** (b) Specify that the base flood elevation is four (4) feet above the highest adjacent grade or Wet Season Water Table, whichever is higher, OR if utilizing a pressurized septic design, engineering justifications, considering adjacent flood elevations and other applicable criteria, may be presented to the Floodplain Administrator for consideration of a lowered flood elevation, but in no case can the lowest floor be less than three (3) feet above the highest adjacent grade or Wet Season Water Table, whichever is higher at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than the proposed elevation. [Italics included for emphasis] Retaining intent of the current FDPO, clarifying that it would be a lower flood level that would allow for a lower floor level. Page 5 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx may be presented to the Floodplain Administrator for consideration of a lowered floor elevation, but in no case can the Lowest floor be less than three feet above the Highest adjacent grade or WSWT, whichever is higher. Standards set forth in Division 5, Section 62-127, shall apply. [Italics included for emphasis] DIVISION 7. - VARIANCES AND APPEALS Sec. 62-158. - Variance procedures. (2) The filing fee for each Variance request shall be that adopted and in effect in the Growth Management Division/Planning and Regulation Fee Schedule, (approved 7-27-10, Resolution 2010-130) as may be amended, replaced or superseded. Sec. 62-71. - Variances and appeals; in general. Requests for appeals and requests for variances shall be processed in accordance with this section. Requests for appeals and variances shall be accompanied with the fee specified in the Growth Management Department, Development Services Fee Schedule. (1) The Board of Zoning and Appeals shall hear and decide on requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. The Board of Zoning and Appeals shall hear requests for variances from the strict application of the requirements of this ordinance and which are not requirements of the Florida Building Code, in accordance with LDC section 10.09.00. Any person aggrieved by the decision of the Board of Zoning and Appeals may appeal such decision to the Circuit Court, as provided by Florida Statutes. (2) Pursuant to section 553.73(5), F.S., the Board of Building Adjustments and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction Distinguishing what the BZA and the Board of Construction Appeals would hear. Page 6 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. DIVISION 9. - TEMPORARY EMERGENCY HOUSING Page 7 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Sec. 62-158. - Variance procedures. ***** (l) Grant and facilitate situations in code or regulations in which an unforeseen circumstance has been identified following a natural or man-made disaster in support of the emergent need for post disaster temporary emergency housing. Such efforts, pending the magnitude of the disaster and the need for emergency housing may include efforts to grandfather or retro- actively approve such temporary emergency housing actions, waivers or exemptions when reasonable efforts were implemented to protect life, property and minimize suffering in an attempt to stabilize displaced residents and families following a disaster. Where possible such temporary waivers or exemptions following a disaster housing effort shall terminate within Sec. 62-91. - Establishing the need for temporary emergency housing. To establish the need for temporary emergency housing, the Board of County Commissioners must determine and declare by simple majority vote that an emergency condition exists due to a natural or man-made disaster. Based upon that disaster declaration the County Manager, through the Emergency Management Director and the Floodplain Administrator, is authorized to allow for temporary emergency housing in the special flood hazard area. Sec. 62-92. - Placement of temporary emergency housing within the flood hazard area. The Board of County Commissioners or the County Manager or designee, in coordination with the Floodplain Administrator, may allow for post-disaster emergency temporary manufactured homes, recreational vehicles or similar resources provided by FEMA, the Florida Division of Emergency Management, the Collier County Department of Emergency Management or successor of any of the previously described organizations, within the flood hazard areas for a period of six months. This period may be extended by the Board taking the extent and severity of the disaster into account. Sec. 62-93. – VE Flood Zone. Temporary emergency housing shall not be located within the VE food zone). Sec. 62-94. - Installation standards. Manufactured homes shall be placed in a manner consistent with Division 4 of Article III. Recreational vehicles or similar road ready vehicles shall comply with the requirements of Division 5 of Article III. Sec. 62-05. - Emergency notification and evacuation plan. An emergency notification and evacuation plan shall be prepared to ensure the safety of the occupants of the temporary emergency housing. The emergency notification and evacuation plan shall be submitted, within thirty (30) days of occupancy of the temporary emergency housing units, for review and approval to the Collier County Department of Emergency Management. Sec. 62-96. - Permit for the Temporary Placement of Emergency Housing. Prior to the placement of all temporary This provision adds a purpose and intent to the temporary housing provisions and is needed because typically, FEMA does not like to place trailers in the SFHA, therefore we need specific language to support temporary housing. Section is consistent with Chapter 38 – Civil Emergencies, 38-7 (c ) (1). Page 8 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx eighteen (18) months of issuance unless extended by the Board of County Commissioners. Sec. 62-127. - Specific standards. ***** (4) Standards for Manufactured Homes and Recreational Vehicles ****** (iii) Manufactured or component built temporary homes provided by FEMA, the Florida Division of Emergency Management or the Collier County Department of Emergency Management or its approved contractor or designee may provide post disaster emergency temporary Manufactured homes or similar resources within the Floodplain for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. 1. Temporary utility connections for the duration of the emergency housing in the special flood hazard area, the applicant shall be required to submit a temporary permit application affirming that the structure is in compliance with this section and 44 CFR 60.3 (e). Sec. 62-97. - Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this section shall be consistent with the Code of Laws and Ordinances Chapter 38 – Civil Emergencies. Page 9 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx 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. Page 10 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx ARTICLE II. - DEFINITIONS AND ACRONYMS New Sec. 62-102. – Definitions. **** Declaration of Land Restriction (Non-conversion Agreement). A form provided by the Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, stating the owner agrees to not convert or modify the following construction in any manner that is inconsistent with the terms of the building permit and this ordinance: (1) an enclosure below an elevated building, (2) crawl/underfloor spaces that are more than 5 feet in height (measured from the lowest interior grade or floor to the bottom of the floor system above); (3) a detached structure that is not elevated and is larger than 120 square feet in area. Intent to make transparent to future buyers the uses for an enclosures, crawl/underfloor spaces and detached structures. To define agreement and establish that it must be recorded. This would be required prior to inspections. Sec. 62-52. - Definitions. ***** Development permit means, for the purposes of this Ordinance, the local site Development or Building permit, as applicable, (i.e., any County authorization which must be approved by the County prior to proceeding with any "Development"). A review of a development permit in order to determine compliance with this Ordinance will not result in a separate fee or review process. Sec. 62-102. – Definitions. ****** Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. For the purposes of this Ordinance, this is synonymous with the local site development plan, construction plans, or building permit, as applicable, (i.e., any County authorization which must be approved by the County prior to proceeding with any “development”.) To ensure that are existing process is included and transparent. Hardship as related to Variances from this Ordinance Sec. 62-102. – Definitions. ****** Retaining definition Page 11 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx means the exceptional Hardship associated with the land that would result from a failure to grant the requested Variance. The community requires that the Variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial Hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional Hardship. All of these problems can be resolved through other means without granting a Variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Hardship. As related to variances from this ordinance, hardship means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the objection of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Sec. 62-52. - Definitions. ***** Watercourse means the channel and banks of a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial Flood damage may occur. The Watercourse does not include the adjoining Floodplain areas. Sec. 62-102. – Definitions. ****** Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other topographic feature in, on, through, or over which water flows at least periodically. The watercourse does not include the adjoining floodplain areas. Retaining definition Sec. 62-52. - Definitions. ***** Sec. 62-102. – Definitions. ****** Retaining definition Page 12 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Wet season water table elevation (WSWT) means the elevation, in relation to the NAVD of 1988, of the groundwater during that period of time each year in which the upper surface of the groundwater, or that level below which the soil or underlying rock material is wholly saturated with water, can normally be expected to be at its highest level. Water table elevation is measured from the soil surface downward to the upper level of saturated soil or upward to the free water level. The WSWT may be determined using the South Florida Water Management District's methodology for determining the seasonal high water table contained in the District's Environmental Resource Permit Information Manual Volume IV (September 2010, as may be amended), pages CA-1—CA-7, or other methodology as approved by the Florida Department of Environmental Protection. Wet season water table elevation (WSWT). The elevation, in relation to the NAVD of 1988, of the groundwater during that period of time each year in which the upper surface of the groundwater, or that level below which the soil or underlying rock material is wholly saturated with water, can normally be expected to be at its highest level. Water table elevation is measured from the soil surface downward to the upper level of saturated soil or upward to the free water level. The WSWT may be determined using the South Florida Water Management District's methodology for determining the seasonal high water table contained in the District's Environmental Resource Permit Information Manual Volume IV (September 2010, as may be amended), pages CA-1—CA-7, or other methodology as approved by the Florida Department of Environmental Protection. ARTICLE III. - FLOOD RESISTANT DEVELOPMENT Page 13 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx DIVISION 1. - BUILDINGS AND STRUCTURES Sec. 62-127. - Specific standards. ******** (3) Enclosures below the lowest floor. New construction and Substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the Lowest floor elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of Floodwaters to automatically equalize hydrostatic Flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a Professional engineer or Registered architect or meet or exceed the following minimum criteria: (i) Provide a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square Sec. 62-112. – Enclosures below the lowest floor. Enclosed areas below elevated buildings and structures shall comply with the requirements of the Florida Building Code, shall be limited to parking of vehicles, storage, and building access, and shall comply with the following: (1) Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (one solid double door set – no glass), or entry to the living area (stairway, or elevator); (2) The interior portion of such enclosed area shall not be finished or temperature-controlled (air conditioned); (2) The interior portion of such enclosed area shall not be temperature-controlled by a permanently mounted air-conditioner or connected to central air. (3) All areas that are partitioned within the enclosed area shall be vented in accordance with ASCE 24 Flood Resistant Design and Construction; (4) All construction below the lowest floor shall be built with flood damage-resistant materials consistent with ASCE 24 Flood Resistant Design and Construction, for example: pressure treated wood and water-durable and mold resistant cement backerboard; and (5) Section 104.3, regarding a Declaration of Land Restriction (Non-conversion agreement). Retaining some of the existing provisions, to support the minimum standards for enclosures regarding partitioning but are not tempted to create a livable space. Page 14 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx inch for every square foot of enclosed area subject to Flooding; (ii) The bottom of all openings shall be no higher than one foot above adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of Floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and Building access. Access to the enclosed area shall Page 15 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and (c) The interior portion of such enclosed area shall not be finished, partitioned into separate rooms, or temperature- controlled (air conditioned). Sec. 62-127. - Specific standards. (8) Accessory Structures. Accessory uses and Structures support and are subordinate to the use of a parcel and shall primarily serve those persons regularly and customarily involved with their use and include only those Sec. 62-113. – Detached accessory structures. Detached accessory structures that are not elevated (garages, tool sheds, storage buildings, steel ISO 10’-20’-40’ storage containers, etc.) may be positioned on the ground or a slab, properly vented, and adequately anchored to withstand wind and buoyancy forces, or secured to piers. A property owner must provide a signed Declaration of Land Restriction (Non-conversion agreement) prior to the issuance of the certificate of completion for detached accessory structures that are not elevated and are greater than 120 square feet. To allow for the minimum standards for accessory structure and to ensure property owners are aware that conversions are not legal. Page 16 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Structures incidental to a permitted land use located on the same parcel. Uses identified elsewhere in this Ordinance are not accessory uses. (a) Accessory structures shall not be used for any other use than parking of vehicles and storage. (b) Accessory structures shall be designed to have low Flood damage potential (wet Floodproofing). (c) Accessory structures shall be constructed and placed on the Building site so as to offer the minimum resistance to the flow of Floodwaters. (d) Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other Page 17 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Structures. This is a mandatory measure, pursuant to 44 CFR Section 60.3(a)(3)(i). (e) Service facilities such as electrical and heating equipment shall be elevated at or above the BFE or Floodproofed. (f) Openings to automatically equalize flood hydrostatic forces on exterior walls during the Base Flood shall be provided below BFE in conformance with 44 CFR Section 60.3(c)(5). (g) Steel ISO 10'-20'- 40' Storage Containers may be positioned on the earth and anchored as described in Division 5, Subsection 62- 126(4) above, or secured to piers. Page 18 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx (h) Vertical tool sheds and storage Buildings may be positioned on the earth and shall be anchored as described in Division 5, Subsection 62- 126(4), above, or secured to piers. Sec. 62-114. – Design and construction of nonresidential farm buildings on farms. Pursuant to Section 62-33 of this ordinance, nonresidential farm buildings on farms that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. If required to be elevated in accordance with ASCE 24, nonresidential farm buildings on farms shall be elevated to or above the base flood elevation. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Division 7 of this article. To allow nonresidential farm buildings to ONLY elevate to the BFE, not BFE + 1. They will also not have to be elevated to 18” or 24” above the COR. new Sec. 62-115. – Permanently-mounted air-conditioners, generators, and other exterior mechanical equipment. When installed with new construction or replaced as part of substantial improvement or repair of substantial damage, permanently- mounted air-conditioners, generators, and other exterior mechanical equipment shall be elevated to or above the elevation required by the Florida Building Code - Residential Sec. R322.1.6 or Florida Building Code – Building, Sec. 1612 (ASCE 24), as applicable. When not part of substantial improvement or repair of substantial damage, replacement of permanently-mounted air-conditioners, generators, and exterior mechanical equipment shall be elevated to or above the BFE or the lowest floor elevation of the building served. To make it transparent that replacement of permanently- mounted air-conditioners, generators, and exterior mechanical equipment shall be elevated to or above the BFE, OR the lowest floor elevation of the building served. Currently, they are replaced at grade. Page 19 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx Sec. 62-116. – Pool Equipment. When installed with new construction, pool equipment shall be elevated to or above the elevation required by the Florida Building Code – Residential R322.1.6 or Florida Building Code – Building, Sec. 1612 (ASCE 24), as applicable. Where new pool equipment is installed on an existing pool, the pool equipment shall be elevated to or above the lowest floor elevation of the building served. Where pool equipment is installed to replace existing pool equipment, the new pool equipment shall be elevated to or above the elevation of the existing pool equipment. In cases where the elevation of pool equipment will hinder access for repair and maintenance, a letter may be submitted by the pool contractor to the building official demonstrating that the equipment can be installed to resist flood forces and is GFI protected per the National Electric Code (NEC) 2014, 680.21 (C ), as may be amended from time to time. To support elevation and reduce debris, while recognizing sometimes elevation to BFE +1 is not reasonable and providing an alternative. DIVISION 5. - PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 62-126. - General standards. ********** 16) Building Lowest floor and Slab Minimum Elevations for all areas of Collier County: (a) Plans shall show that construction of the Lowest floor meets the elevation criteria listed below or engineered properly to a site specific design and Sec. 62-118. – Lowest floor elevation requirements for Residential buildings. Area below the lowest floor shall be limited to storage, access, and parking. (1) Residential buildings subject to South Florida Water Management District Permit requirements or were previously approved to a 100 year, three- day, zero-discharge stormwater plan standard, shall have the lowest floor elevated at or above the elevation required by the District Permit, Florida Building Code, or Sec. 62-119, below, as applicable. (2) All residential buildings not subject to (1) and located in a flood hazard area, Zone X-500, and Zone X shall have the lowest floor elevated at or above the elevation required by the Florida Building code or as follows, whichever is higher: a. Buildings located on a paved road must be elevated 18 inches above the crown of the nearest street or interior finished Limits this existing concept to residential building only. Changes: 1. Specifies that the min. elevations apply when a structure is not within a SFWMD permit. The standards are applied this way currently. 2. Adds the ability for the County Engineer to provide exceptions for very high pavement elevation situations. 3. Amends the current slab requirements to only apply to attached Page 20 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx certified by a Registered architect or Professional engineer; when conflict exists between the FIRM Elevation and others, the higher elevation shall be required: i. FIRM Elevation - the elevation that has been established by the Flood Insurance Study (FIS); ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or interior finished roadway system if finished with paving; in the event that the nearest street or interior finished roadway system is roadway system. In the event that the nearest street or interior finished roadway system is located on an evacuation route or other unusually high pavement elevation as agreeable by the County Engineer, the residential building may be elevated a minimum of 18 inches above the crown of the nearest side street. b. Residential buildings located on a graded or otherwise unfinished road must be elevated a minimum of 24 inches above the crown of the nearest street. c. Attached garages and lanais for residential buildings shall have the lowest slab at or above the crown of the nearest street. See Section 62-113 for detached structures. d. On parcels where unusual topographic conditions exist and the standard conditions established in Subsection 62- 118(1)a., b., and c. above cannot be reasonably applied, the Building Official will consider requests to decrease the lowest floor elevation. All requests will require an analysis, by a professional engineer, of the 100-year, 3-day storm event using zero discharge, for the entire discharge, for the drainage basin in which the proposed structure is located. Reductions may be allowed on the basis of the analysis, but in no case, shall the lowest floor be less than the elevation required by the Florida Building Code. residential garages and lanais, not carports or any detached structure or commercial garage, etc. 4. Narrows the scope for the stormwater analysis which better aligns with the DFIRM and provides flexibility depending on the area for the drainage basin used. Page 21 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx located on an evacuation route, or other unusually high pavement elevation as agreeable by the County Engineer, a minimum of 18 inches above the crown of the nearest side street; or iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise unfinished; or iv. Mean Sea Level - Lowest floors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 [with an allowable exception for the bottom of the lowest horizontal Page 22 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx structural member of the Lowest floor of accessory structures within the V- Zones as described in Section 62- 129(13)(h)]; or v. Water Management Design - 1. Buildings with projects which have water managem ent routing and storage facilities designed and built for a 25 year, 3 day storm event in accordanc e with South Florida Water Managem Page 23 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx ent District's criteria may use a Lowest floor elevation in accordanc e with the project's water managem ent designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. 2. Buildings which are not within projects having water managem ent storage facilities designed and built for a 25 Page 24 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx year, 3 day storm event in accordanc e with South Florida Water Managem ent District's criteria shall use a Lowest floor elevation of 18 inches above the adjacent roadway crown elevation or the FIRM elevation, whichever is higher. (b) On parcels where unusual topographic conditions exist and the above standard conditions cannot be reasonably applied, the Building Official will Page 25 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx consider requests to decrease the Lowest floor elevation. All requests will require an analysis, by a Professional engineer, of the 25 year, three (3) day storm event and the 100 year, 3 day storm event using zero discharge, for the entire discharge, for the entire drainage basin in which the proposed Structure is located. Reductions may be allowed on the basis of the analysis, but in no case shall the Lowest floor be less than the FIRM. (c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. Sec. 62-119 – Buildings and structures removed from the special flood hazard area. Buildings and structures removed Requires projects permitted that are removed from the Page 26 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx from the special flood hazard area shall be elevated so that the lowest slab, such as a garage, lanai, enclosure, etc. is above the lowest lot elevation (GROUND) as identified on the Letter of Map Change provided by FEMA. Further, the lowest adjacent grade of a building or structure must be at or above the base flood elevation as established on the DFIRM. SFHA be elevated as established on the Letter of Map Change, or at the minimum, meet NFIP standards. DIVISION 2. - SUBDIVISIONS Sec. 62-128. - Specific standards for A-zones without base flood elevations and regulatory floodways. Located within the SFHA established in SECTION THREE, B, where there exist A- Zones for which no BFE data and Regulatory floodway have been provided or designated by FEMA, the following provisions shall apply: (1) Require standards of Division 5, Section 62- 126. (2) Require that all new subdivision proposals and other proposed Developments (including proposals for Manufactured home parks or subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals BFE data. Standards set Sec. 62-131. – Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations are determined in accordance with Section 62-42(1) of this ordinance; and (3) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and (5) The site improvement and utilities requirements of Division 3 of this article are satisfied. Cross reference to the new permanent utilities section. Page 27 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx forth in Division 5, Section 62-127, shall apply. DIVISION 4. - MANUFACTURED HOMES Sec. 62-155. – General elevation requirement. Unless subject to the requirements of Section 62-154 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated such that the lowest floor is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). Sec. 62-156. – Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 62-155 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Lowest Floor of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Changing the Model Ordinance to reflect the County’s current elevation requirements for MHUs, and not a higher standard. Page 28 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx new Sec. 62-157. – Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. If semi- rigid skirting is attached to the manufactured home frame, documentation shall be provided by a registered design professional stating the skirting does not provide structural support and will collapse under wind and water loads that are expected during occurrence of the base flood without causing structural damage to the elevated home or foundation. This is current policy and is not described in FEMA technical bulletins. Required to clarify construction type for CRS and allows for flexibility and visually appealing MHUs. new Sec. 62-158. – Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. Replacement of permanently-mounted air conditioning equipment, generators, and exterior mechanical equipment shall comply with Section 62-115. Cross reference to requirements. new Sec. 62-159. – Permits required for additions, attachments, improvements and repair of manufactured homes. Building permits are required for additions, attachments, improvements and repair of damage by any cause to manufactured homes. Any addition or attachment that is structurally connected to the manufactured home or is freestanding shall be constructed to meet the Florida Building Code, as may be amended from time to time. The design of an addition or attachment shall use the current wind criteria for the zone. 1. An addition or attachment shall only be allowed where a manufactured home was constructed with a host beam by the manufacturer in order to provide the necessary structural support for the connection between the two structures. For manufactured homes that were not constructed by the manufacturer to support additions or attachments connected to them, the addition or To ensure that improvements to manufactured homes are done per code and safely. Page 29 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx attachment shall be freestanding, other than flashing required for weather-tightness. 2. Applications for repair of structural components of a manufactured home shall include letters from a registered design professional or a mobile home inspector that states the structure is in compliance with the applicable Manufactured Home Construction and Safety Standards, developed by HUD, standards in place at the time of assembly. Sec. 62-129. - Specific standards for coastal high hazard areas (V-zones). ********** (13) Accessory Structures. The following standards are required to properly regulate Accessory structures in addition to A-Zone requirements: (a) Accessory structures meeting the criteria of small or low-cost, such as small metal/wooden sheds that are "disposable" must be unfinished on the interior, constructed with Flood damage- resistant materials below the BFE and Removing the existing standards and using the non- conversion agreement in lieu of complete restrictions. Page 30 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx used only for storage. (b) Maximum allowable size of Accessory structures in V- Zones is 100 square feet. (c) Maximum allowable value of Accessory structures in V- Zones is $2,500.00. (d) Consideration must be given to the effects the debris from the Building will have on adjacent Buildings. (e) Detached garages are not allowed in V-Zones. (f) The structural system shall utilize pilings, adequately embedded to resist scour and lateral deflection. The lowest horizontal structural member of roof systems, including plates and beams connecting the Page 31 of 31 H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model Ord\Supplemental Materials\Comparision Work\Exhibit 2. Table of significant changes 8-29-18.docx upright supports of the Structure, shall be placed at or above the BFE. (g) Any small Accessory structure enclosure below the BFE shall be constructed with Breakaway walls, such as wooden lattice or insect screening, in conformance with 44 CFR Section 60.3(e)(5). (h) Floors shall be at or very close to grade. 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 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Chapter 62 - FLOODS 1 ARTICLE I. - ADMINISTRATION 2 DIVISION 1. - GENERAL 3 Sec. 62-1. - -Title. These regulations shall be known as the Floodplain Management Ordinance 4 of Collier County, Florida, hereinafter referred to as “this ordinance.” 5 Sec. 62-2. - Scope. The provisions of this ordinance shall apply to all development that is wholly 6 within or partially within any flood hazard area, including but not limited to the subdivision of land; 7 filling, grading, and other site improvements and utility installations; construction, alteration, 8 remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, 9 structures, and facilities that are exempt from the Florida Building Code; placement, installation, 10 or replacement of manufactured homes and manufactured buildings; installation or replacement 11 of tanks; placement of recreational vehicles; installation of swimming pools; and any other 12 development. This ordinance shall also apply to establishing minimum floor elevations for 13 buildings constructed within areas identified as Zone X and X-500 on the Flood Insurance Rate 14 Maps adopted in Section 62-13. 15 Sec. 62-3. - Intent. The purposes of this ordinance and the flood load and flood resistant 16 construction requirements of the Florida Building Code are to establish minimum requirements to 17 safeguard the public health, safety, and general welfare and to minimize public and private losses 18 due to flooding through regulation of development in flood hazard areas to: 19 (1) Minimize unnecessary disruption of commerce, access and public service during 20 times of flooding; 21 (2) Require the use of appropriate construction practices in order to prevent or 22 minimize future flood damage; 23 (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 24 storage of equipment or materials, and other development which may increase flood 25 damage or erosion potential; 26 (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to 27 minimize the impact of development on the natural and beneficial functions of the 28 floodplain; 29 (5) Minimize damage to public and private facilities and utilities; 30 (6) Help maintain a stable tax base by providing for the sound use and development 31 of flood hazard areas; 32 (7) Minimize the need for future expenditure of public funds for flood control projects 33 and response to and recovery from flood events; and 34 (8) Meet the requirements of the National Flood Insurance Program for community 35 participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. 36 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 2 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Sec. 62-4. - Coordination with the Florida Building Code. This ordinance is intended to be 1 administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 2 refers to the edition of the standard that is referenced by the Florida Building Code. 3 Sec. 62-5. - Warning. The degree of flood protection required by this ordinance and the Florida 4 Building Code, as amended by this community, is considered the minimum reasonable for 5 regulatory purposes and is based on scientific and engineering considerations. Larger floods can 6 and will occur. Flood heights may be increased by man made or natural causes. This ordinance 7 does not imply that land outside of mapped special flood hazard areas, or that uses permitted 8 within such flood hazard areas, will be free from flooding or flood damage. The flood hazard 9 areas and base flood elevations contained in the Flood Insurance Study and shown on Flood 10 Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 11 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this 12 community to revise these regulations to remain eligible for participation in the National Flood 13 Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed 14 by compliance with this ordinance. 15 Sec. 62-6. - Disclaimer of Liability. This ordinance shall not create liability on the part of the 16 Board of County Commissioners of Collier County, Florida or by any officer or employee thereof 17 for any flood damage that results from reliance on this ordinance or any administrative decision 18 lawfully made thereunder. 19 Secs. 62-7—62.10. – Reserved. 20 DIVISION 2. - APPLICABILITY 21 Sec. 62-11. - General. Where there is a conflict between a general requirement and a specific 22 requirement, the specific requirement shall be applicable. 23 Sec. 62-12. - Areas to which this ordinance applies. This ordinance shall apply to all flood 24 hazard areas within the unincorporated Collier County, as established in Section 62-13 of this 25 ordinance. Additionally, the requirements for establishing minimum floor elevations shall be 26 applicable for all areas identified as Zone X and X 500. 27 Sec. 62-13. - Basis for establishing flood hazard areas. The Flood Insurance Study for Collier 28 County, Florida and Incorporated Areas dated May 16, 2012, and all subsequent amendments 29 and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent 30 amendments and revisions to such maps, are adopted by reference as a part of this ordinance 31 and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps 32 that establish flood hazard areas are on file at the office of the Clerk to the Board of County 33 Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th 34 Floor, Naples, FL 34112. 35 Sec. 62-14. - Submission of additional data to establish flood hazard areas. To establish 36 flood hazard areas and base flood elevations, pursuant to Division 5 of this article the 37 Floodplain Administrator may require submission of additional data. Where field surveyed 38 topography prepared by a Florida licensed professional surveyor or digital topography accepted 39 by the community indicates that ground elevations: 40 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 3 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) Are below the closest applicable base flood elevation, even in areas not 1 delineated as a special flood hazard area on a FIRM, the area shall be considered as 2 flood hazard area and subject to the requirements of this ordinance and, as applicable, 3 the requirements of the Florida Building Code. 4 (2) Are above the closest applicable base flood elevation, the area shall be regulated 5 as special flood hazard area unless the applicant obtains a Letter of Map Change that 6 removes the area from the special flood hazard area. 7 Sec. 62-15. - Other laws. The provisions of this ordinance shall not be deemed to nullify any 8 provisions of local, state or federal law. 9 Sec. 62-16. - Abrogation and greater restrictions. This ordinance supersedes any ordinance 10 in effect for management of development in flood hazard areas. However, it is not intended to 11 repeal or abrogate any existing ordinances including but not limited to land development 12 regulations, zoning ordinances, stormwater management regulations, or the Florida Building 13 Code. In the event of a conflict between this ordinance and any other ordinance, the more 14 restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or 15 easement, but any land that is subject to such interests shall also be governed by this ordinance. 16 Sec. 62-17. - Interpretation. In the interpretation and application of this ordinance, all provisions 17 shall be: 18 (1) Considered as minimum requirements; 19 (2) Liberally construed in favor of the governing body; and 20 (3) Deemed neither to limit nor repeal any other powers granted under state statutes. 21 Secs. 62-18—62.20. – Reserved. 22 DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 23 Sec. 62-21. - Designation. The County Manager or designee is designated as the Floodplain 24 Administrator. The Floodplain Administrator may delegate performance of certain duties to 25 other employees. 26 Sec. 62-22. - General. The Floodplain Administrator is authorized and directed to administer 27 and enforce the provisions of this ordinance. The Floodplain Administrator shall have the 28 authority to render interpretations of this ordinance consistent with the intent and purpose of this 29 ordinance and may establish policies and procedures in order to clarify the application of its 30 provisions. Such interpretations, policies, and procedures shall not have the effect of waiving 31 requirements specifically provided in this ordinance without the granting of a variance pursuant 32 to Division 7 of this article. The Floodplain Administrator may consult with and rely on technical 33 bulletins, desk references, and other guidance publications issued by the Federal Emergency 34 Management Agency for guidance in the administration and interpretation of this ordinance and 35 advising on the flood provisions of the Florida Building Code. 36 Sec. 62-23. - Duties of the Floodplain Administrator. The Floodplain Administrator, in 37 coordination with other pertinent offices of the community, shall: 38 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 4 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) Review applications and plans to determine whether proposed new development 1 will be located in flood hazard areas; 2 (2) Review applications for modification of any existing development in flood hazard 3 areas for compliance with the requirements of this ordinance; 4 (3) Interpret flood hazard area boundaries where such interpretation is necessary to 5 determine the exact location of boundaries; a person contesting the determination shall 6 have the opportunity to appeal the interpretation; 7 (4) Provide available flood elevation and flood hazard information; 8 (5) Determine whether additional flood hazard data shall be obtained from other 9 sources or shall be developed by an applicant; 10 (6) Review applications to determine whether proposed development will be 11 reasonably safe from flooding; 12 (7) Require that applicants proposing alteration of a watercourse notify adjacent 13 communities and the Florida Division of Emergency Management, State Floodplain 14 Management Office, and submit copies of such notifications to the Federal Emergency 15 Management Agency (FEMA); 16 (8) Require applicants who submit hydrologic and hydraulic engineering analyses to 17 support permit applications to submit to FEMA the data and information necessary to 18 maintain the Flood Insurance Rate Maps if the analyses propose to change base flood 19 elevations, flood hazard area boundaries, or floodway designations; such submissions 20 shall be made within 6 months of such data becoming available; 21 (9) Issue floodplain development permits or approvals for development other 22 than buildings and structures that are subject to the Florida Building Code, including 23 buildings, structures and facilities exempt from the Florida Building Code, when 24 compliance with this ordinance is demonstrated, or disapprove the same in the event of 25 noncompliance; 26 (10) Coordinate with and provide comments to the Building Official to assure that 27 applications, plan reviews, and inspections for buildings and structures in flood hazard 28 areas comply with the applicable provisions of this ordinance; 29 (11) Review required design certifications and documentation of elevations specified 30 by this ordinance and the Florida Building Code and this ordinance to determine that such 31 certifications and documentations are complete; 32 (12) Establish, in coordination with the Building Official, procedures for administering 33 and documenting determinations of substantial improvement and substantial damage 34 made pursuant to Section 62-24 of this ordinance; 35 (13) Advise applicants for new buildings and structures, including substantial 36 improvements, that are located in any unit of the Coastal Barrier Resources System 37 established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier 38 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 5 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available 1 on such construction; areas subject to this limitation are identified on Flood Insurance 2 Rate Maps as “Coastal Barrier Resource System Areas” and “Otherwise Protected 3 Areas”; and 4 (14) Notify the Federal Emergency Management Agency when the corporate 5 boundaries of unincorporated Collier County, Florida are modified. 6 Sec. 62-24. - Substantial improvement and substantial damage determinations. For 7 applications for building permits to improve buildings, structures, and manufactured homes, 8 including alterations, movement, enlargement, replacement, repair, change of occupancy, 9 additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, 10 and any other improvement of or work on such buildings and structures, the Floodplain 11 Administrator, in coordination with the Building Official, shall: 12 (1) Estimate the market value, or require the applicant to obtain an appraisal of the 13 market value prepared by a qualified independent appraiser, of the building or structure 14 before the start of construction of the proposed work; in the case of repair, the market 15 value of the building or structure shall be the market value before the damage occurred 16 and before any repairs are made; 17 (2) Compare the cost to perform the improvement, the cost to repair a damaged 18 building to its pre-damaged condition, or the combined costs of improvements and repairs, 19 if applicable, to the market value of the building or structure; 20 (3) Determine and document whether the proposed work constitutes substantial 21 improvement or repair of substantial damage; and 22 (4) Notify the applicant if it is determined that the work constitutes substantial 23 improvement or repair of substantial damage and that compliance with the flood 24 resistant construction requirements of the Florida Building Code and this ordinance is 25 required. 26 (5) Property owners of buildings, structures and facilities regulated by, or exempt from, 27 the Florida Building Code, including manufactured homes, may appeal a substantial 28 damage determination first through the building permit process as established in the 29 Administrative Code for Land Development. Subsequent appeals shall be processed in 30 accordance with Article 7 of this article. 31 Sec. 62-25. - Modifications of the strict application of the requirements of the Florida 32 Building Code. The Floodplain Administrator shall review requests submitted to the Building 33 Official that seek approval to modify the strict application of the flood load and flood resistant 34 construction requirements of the Florida Building Code to determine whether such requests 35 require the granting of a variance pursuant to Division 7 of this article. 36 Sec. 62-26. - Notices and orders. The Floodplain Administrator shall coordinate with 37 appropriate local agencies for the issuance of all necessary notices or orders to ensure 38 compliance with this ordinance. 39 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 6 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Sec. 62-27. - Inspections. The Floodplain Administrator shall make the required inspections 1 as specified in Division 6 of this article for development that is not subject to the Florida Building 2 Code, including buildings, structures and facilities exempt from the Florida Building Code. The 3 Floodplain Administrator shall inspect flood hazard areas to determine if development is 4 undertaken without issuance of a permit. 5 Sec. 62-28. - Floodplain management records. Regardless of any limitation on the period 6 required for retention of public records, the Floodplain Administrator shall maintain and 7 permanently keep and make available for public inspection all records that are necessary for the 8 administration of this ordinance and the flood resistant construction requirements of the Florida 9 Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of 10 issuance of permits and denial of permits; determinations of whether proposed work constitutes 11 substantial improvement or repair of substantial damage; required design certifications and 12 documentation of elevations specified by the Florida Building Code and this ordinance; 13 notifications to adjacent communities, FEMA, and the state related to alterations of 14 watercourses; assurances that the flood carrying capacity of altered watercourses will be 15 maintained; documentation related to appeals and variances, including justification for issuance 16 or denial; and records of enforcement actions taken pursuant to this ordinance and the flood 17 resistant construction requirements of the Florida Building Code. These records shall be available 18 for public inspection at the Growth Management Division-Planning and Regulation, 2800 North 19 Horseshoe Drive, Naples, FL 34104. 20 Secs. 62-29—62.30. – Reserved. 21 DIVISION 4. - PERMITS 22 Sec. 62-31. - Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) 23 who intends to undertake any development activity within the scope of this ordinance, including 24 buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or 25 partially within any flood hazard area shall first make application to the Floodplain Administrator, 26 and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No 27 such permit or approval shall be issued until compliance with the requirements of this ordinance and 28 all other applicable codes and regulations has been satisfied. 29 Sec. 62-32. - Floodplain development permits or approvals. Floodplain development permits 30 or approvals shall be issued pursuant to this ordinance for any development activities not subject to 31 the requirements of the Florida Building Code, including buildings, structures and facilities exempt 32 from the Florida Building Code. Depending on the nature and extent of proposed development that 33 includes a building or structure, the Floodplain Administrator may determine that a floodplain 34 development permit or approval is required in addition to a building permit. 35 Sec. 62-33. - Buildings, structures and facilities exempt from the Florida Building Code. 36 Pursuant to the requirements of federal regulation for participation in the National Flood Insurance 37 Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall 38 be required for the following buildings, structures and facilities that are exempt from the Florida 39 Building Code and any further exemptions provided by law, which are subject to the requirements 40 of this ordinance: 41 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 7 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) Railroads and ancillary facilities associated with the railroad. 1 (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 2 (3) Temporary buildings or sheds used exclusively for construction purposes. 3 (4) Mobile or modular structures used as temporary offices. 4 (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which 5 are directly involved in the generation, transmission, or distribution of electricity. 6 (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe 7 of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden 8 hut that has a thatched roof of palm or palmetto or other traditional materials, and that 9 does not incorporate any electrical, plumbing, or other non-wood features. 10 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and 11 assembled on site or preassembled and delivered on site and have walls, roofs, and a 12 floor constructed of granite, marble, or reinforced concrete. 13 (8) Temporary housing provided by the Department of Corrections to any prisoner in the state 14 correctional system. 15 (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida 16 Building Code if such structures are located in flood hazard areas established on Flood 17 Insurance Rate Maps 18 19 Sec. 62-34. - Application for a permit or approval. To obtain a floodplain development permit 20 or approval the applicant shall first file an application in writing on a form furnished by the 21 community. The information provided shall: 22 (1) Identify and describe the development to be covered by the permit or approval. 23 (2) Describe the land on which the proposed development is to be conducted by legal 24 description, street address or similar description that will readily identify and definitively 25 locate the site. 26 (3) Indicate the use and occupancy for which the proposed development is intended. 27 (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this 28 article. 29 (5) State the valuation of the proposed work. 30 (6) Be signed by the applicant or the applicant's authorized agent. 31 (7) Give such other data and information as required by the Floodplain Administrator. 32 (8) A signed Declaration of Land Restriction (Non-conversion Agreement) shall be recorded 33 on the property deed prior to issuance of the certificate of occupancy or certificate of 34 completion for the following: 35 a. An enclosure below an elevated building 36 b. A crawl/underfloor space that is more than 5 feet in height (measured from the 37 lowest interior grade or floor to the bottom of the floor system above) 38 c. A detached structure that is not elevated and is larger than 120 square feet in 39 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 8 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx area. 1 2 Sec. 62-35. - Validity of permit or approval. The issuance of a floodplain development permit 3 or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, 4 any violation of this ordinance, the Florida Building Codes, or any other ordinance of this 5 community. The issuance of permits based on submitted applications, construction documents, 6 and information shall not prevent the Floodplain Administrator from requiring the correction of 7 errors and omissions. 8 Sec. 62-36. - Expiration. A floodplain development permit or approval shall become invalid 9 unless the work authorized by such permit is commenced within 180 days after its issuance, or if 10 the work authorized is suspended or abandoned for a period of 180 days after the work 11 commences. Extensions for periods of not more than 180 days each shall be requested in writing 12 and justifiable cause shall be demonstrated. 13 Sec. 62-37. - Suspension or revocation. The Floodplain Administrator is authorized to 14 suspend or revoke a floodplain development permit or approval if the permit was issued in 15 error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this 16 ordinance or any other ordinance, regulation or requirement of this community. 17 Sec. 62-38. - Other permits required. Floodplain development permits and building permits 18 shall include a condition that all other applicable state or federal permits be obtained before 19 commencement of the permitted development, including but not limited to the following: 20 (1) The South Florida Water Management District; section 373.036, F.S. 21 (2) Florida Department of Health for onsite sewage treatment and disposal systems; 22 section 381.0065, F.S. and Chapter 64E-6, F.A.C. 23 (3) Florida Department of Environmental Protection for construction, reconstruction, 24 changes, or physical activities for shore protection or other activities seaward of the 25 coastal construction control line; section 161.141, F.S. 26 (4) Florida Department of Environmental Protection for activities subject to the Joint 27 Coastal Permit; section 161.055, F.S. 28 (5) Florida Department of Environmental Protection for activities that affect wetlands 29 and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; 30 Section 404 of the Clean Water Act. 31 (6) Federal permits and approvals. 32 Secs. 62-39—62.40. – Reserved. 33 DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS 34 Sec. 62-41. - Information for development in flood hazard areas. The Floodplain 35 Administrator is authorized to waive the submission of site plans, construction documents, and 36 other data that are required by this ordinance but that are not required to be prepared by a 37 registered design professional if it is found that the nature of the proposed development is such 38 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 9 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx that the review of such submissions is not necessary to ascertain compliance with this ordinance. 1 The site plan or construction documents for any development subject to the requirements of this 2 ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 3 (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 4 flood elevation(s), and ground elevations if necessary for review of the proposed 5 development. 6 (2) Where base flood elevations, or floodway data are not included on the FIRM or 7 in the Flood Insurance Study, they shall be established in accordance with Section 62-8 42(2) or (3) of this ordinance. 9 (3) Where the parcel on which the proposed development will take place will have 10 more than 50 lots or is larger than 5 acres and the base flood elevations are not included 11 on the FIRM or in the Flood Insurance Study, such elevations shall be established in 12 accordance with Section 62-42(1) of this ordinance. 13 (4) Location of the proposed activity and proposed structures, and locations of 14 existing buildings and structures; in coastal high hazard areas, new buildings shall 15 be located landward of the reach of mean high tide. 16 (5) Location, extent, amount, and proposed final grades of any filling, grading, or 17 excavation. 18 (6) Where the placement of fill is proposed, the amount, type, and source of fill 19 material; compaction specifications; a description of the intended purpose of the fill areas; 20 and evidence that the proposed fill areas are the minimum necessary to achieve the 21 intended purpose. 22 (7) Delineation of the Coastal Construction Control Line or notation that the site is 23 seaward of the coastal construction control line, if applicable. 24 (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided 25 such alteration is approved by the Florida Department of Environmental Protection. 26 (9) Existing and proposed alignment of any proposed alteration of a watercourse. 27 Sec. 62-42. - Information in flood hazard areas without base flood elevations (approximate 28 Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data 29 have not been provided, the Floodplain Administrator shall: 30 (1) Require the applicant to include base flood elevation data prepared in 31 accordance with currently accepted engineering practices. 32 (2) Obtain, review, and provide to applicants base flood elevation and floodway data 33 available from a federal or state agency or other source or require the applicant to obtain 34 and use base flood elevation and floodway data available from a federal or state agency 35 or other source. 36 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 10 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (3) Where base flood elevation and floodway data are not available from another 1 source, where the available data are deemed by the Floodplain Administrator to not 2 reasonably reflect flooding conditions, or where the available data are known to be 3 scientifically or technically incorrect or otherwise inadequate: 4 (a) Require the applicant to include base flood elevation data prepared in 5 accordance with currently accepted engineering practices; or 6 (b) Specify that the base flood elevation is four (4) feet above the highest 7 adjacent grade or Wet Season Water Table, whichever is higher, OR if utilizing a 8 pressurized septic design, engineering justifications, considering adjacent flood 9 elevations and other applicable criteria, may be presented to the Floodplain 10 Administrator for consideration of a lowered flood elevation, but in no case can 11 the lowest floor be less than three (3) feet above the highest adjacent grade or 12 Wet Season Water Table, whichever is higher at the location of the development, 13 provided there is no evidence indicating flood depths have been or may be greater 14 than the proposed elevation. 15 (4) Where the base flood elevation data are to be used to support a Letter of Map 16 Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida 17 licensed engineer in a format required by FEMA, and that it shall be the responsibility of 18 the applicant to satisfy the submittal requirements and pay the processing fees. 19 Sec. 62-43. - Additional analyses and certifications. As applicable to the location and nature 20 of the proposed development activity, and in addition to the requirements of this section, the 21 applicant shall have the following analyses signed and sealed by a Florida licensed engineer for 22 submission with the site plan and construction documents: 23 (1) For development activities proposed to be located in a regulatory floodway, a 24 floodway encroachment analysis that demonstrates that the encroachment of the 25 proposed development will not cause any increase in base flood elevations; where the 26 applicant proposes to undertake development activities that do increase base flood 27 elevations, the applicant shall submit such analysis to FEMA as specified in Section 62-28 44 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by 29 FEMA, with the site plan and construction documents. 30 (2) For development activities proposed to be located in a riverine flood hazard area 31 for which base flood elevations are included in the Flood Insurance Study or on the 32 FIRM and floodways have not been designated, hydrologic and hydraulic analyses that 33 demonstrate that the cumulative effect of the proposed development, when combined 34 with all other existing and anticipated flood hazard area encroachments, will not 35 increase the base flood elevation more than one (1) foot at any point within the 36 community. This requirement does not apply in isolated flood hazard areas not 37 connected to a riverine flood hazard area or in flood hazard areas identified as Zone 38 AO or Zone AH. 39 (3) For alteration of a watercourse, an engineering analysis prepared in accordance 40 with standard engineering practices which demonstrates that the flood-carrying capacity 41 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 11 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx of the altered or relocated portion of the watercourse will not be decreased, and 1 certification that the altered watercourse shall be maintained in a manner which 2 preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to 3 FEMA as specified in Section 62-44 of this ordinance. 4 (4) For activities that propose to alter sand dunes or mangrove stands in coastal 5 high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed 6 alteration will not increase the potential for flood damage. 7 Sec. 62-44. - Submission of additional data. When additional hydrologic, hydraulic or other 8 engineering data, studies, and additional analyses are submitted to support an application, the 9 applicant has the right to seek a Letter of Map Change from FEMA to change the base flood 10 elevations, change floodway boundaries, or change boundaries of flood hazard areas shown 11 on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared 12 by a Florida licensed engineer in a format required by FEMA. Submittal requirements and 13 processing fees shall be the responsibility of the applicant. 14 Secs. 62-45—62.50. – Reserved. 15 DIVISION 6. - INSPECTIONS 16 Sec. 62-61. - General. Development for which a floodplain development permit or approval 17 is required shall be subject to inspection. 18 Sec. 62-62. - Development other than buildings and structures. The Floodplain 19 Administrator shall inspect all development to determine compliance with the requirements of 20 this ordinance and the conditions of issued floodplain development permits or approvals. 21 Sec. 62-63. - Buildings, structures and facilities exempt from the Florida Building Code. 22 The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the 23 Florida Building Code to determine compliance with the requirements of this ordinance and the 24 conditions of issued floodplain development permits or approvals. 25 Sec. 62-64. - Buildings, structures and facilities exempt from the Florida Building Code, 26 lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to 27 further vertical construction, the owner of a building, structure or facility exempt from the Florida 28 Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: 29 (1) If a design flood elevation was used to determine the required elevation of the 30 lowest floor, the certification of elevation of the lowest floor prepared and sealed by a 31 Florida licensed professional surveyor; or 32 (2) If the elevation used to determine the required elevation of the lowest floor was 33 determined in accordance with Section 62-42(3)(b) of this ordinance, the documentation 34 of height of the lowest floor above highest adjacent grade, prepared by the owner or the 35 owner’s authorized agent. 36 Sec. 62-65. - Buildings, structures and facilities exempt from the Florida Building Code, 37 final inspection. As part of the final inspection, the owner or owner’s authorized agent shall 38 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 12 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final 1 documentation of the height of the lowest floor above the highest adjacent grade; such 2 certifications and documentations shall be prepared as specified in Section 62-64 of this 3 ordinance. 4 Sec. 62-66. - Manufactured homes. The Floodplain Administrator shall inspect manufactured 5 homes that are installed or replaced in flood hazard areas to determine compliance with the 6 requirements of this ordinance and the conditions of the issued permit. Upon placement of a 7 manufactured home, certification of the elevation of the lowest floor shall be submitted to the 8 Floodplain Administrator. 9 Secs. 62-67—62.70. – Reserved. 10 DIVISION 7. - VARIANCES AND APPEALS 11 Sec. 62-71. - Variances and appeals; in general. Requests for appeals and requests for 12 variances shall be processed in accordance with this section. Requests for appeals and 13 variances shall be accompanied with the fee specified in the Growth Management Department, 14 Development Services Fee Schedule. 15 (1) The Board of Zoning and Appeals shall hear and decide on requests for appeals when it 16 is alleged there is an error in any requirement, decision, or determination made by the 17 Floodplain Administrator in the administration and enforcement of this ordinance. The 18 Board of Zoning and Appeals shall hear requests for variances from the strict application 19 of the requirements of this ordinance and which are not requirements of the Florida 20 Building Code, in accordance with LDC section 10.09.00. Any person aggrieved by the 21 decision of the Board of Zoning and Appeals may appeal such decision to the Circuit 22 Court, as provided by Florida Statutes. 23 (2) Pursuant to section 553.73(5), F.S., the Board of Building Adjustments and Appeals shall 24 hear and decide on requests for appeals and requests for variances from the strict 25 application of the flood resistant construction requirements of the Florida Building Code. 26 This section does not apply to Section 3109 of the Florida Building Code, Building. 27 Sec. 62-72. - Limitations on authority to grant variances. The BZA shall base its decisions on 28 variances on technical justifications submitted by applicants, the considerations for issuance in 29 Section 62-76 of this ordinance, the conditions of issuance set forth in Section 62-77 of this 30 ordinance, and the comments and recommendations of the Floodplain Administrator and the 31 Building Official. The BZA has the right to attach such conditions as it deems necessary to further 32 the purposes and objectives of this ordinance. 33 Sec. 62-73. - Restrictions in floodways. A variance shall not be issued for any proposed 34 development in a floodway if any increase in base flood elevations would result, as evidenced 35 by the applicable analyses and certifications required in Section 62-43 of this ordinance. 36 Sec. 62-74. - Historic buildings. A variance is authorized to be issued for the repair, 37 improvement, or rehabilitation of a historic building that is determined eligible for the exception to 38 the flood resistant construction requirements of the Florida Building Code, Existing Building, 39 Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or 40 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 13 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx rehabilitation will not preclude the building’s continued designation as a historic building and the 1 variance is the minimum necessary to preserve the historic character and design of the building. 2 If the proposed work precludes the building’s continued designation as a historic building, a 3 variance shall not be granted and the building and any repair, improvement, and rehabilitation 4 shall be subject to the requirements of the Florida Building Code. 5 Sec. 62-75. - Functionally dependent uses. A variance is authorized to be issued for the 6 construction or substantial improvement necessary for the conduct of a functionally 7 dependent use, as defined in this ordinance, provided the variance meets the requirements of 8 Section 62-73, is the minimum necessary considering the flood hazard, and all due consideration 9 has been given to use of methods and materials that minimize flood damage during occurrence 10 of the base flood. 11 Sec. 62-76. - Considerations for issuance of variances. In reviewing requests for variances, 12 the BZA shall consider all technical evaluations, all relevant factors, all other applicable provisions 13 of the Florida Building Code, this ordinance, and the following: 14 (1) The danger that materials and debris may be swept onto other lands resulting in 15 further injury or damage; 16 (2) The danger to life and property due to flooding or erosion damage; 17 (3) The susceptibility of the proposed development, including contents, to flood 18 damage and the effect of such damage on current and future owners; 19 (4) The importance of the services provided by the proposed development to the 20 community; 21 (5) The availability of alternate locations for the proposed development that are 22 subject to lower risk of flooding or erosion; 23 (6) The compatibility of the proposed development with existing and anticipated 24 development; 25 (7) The relationship of the proposed development to the comprehensive plan and 26 floodplain management program for the area; 27 (8) The safety of access to the property in times of flooding for ordinary and 28 emergency vehicles; 29 (9) The expected heights, velocity, duration, rate of rise and debris and sediment 30 transport of the floodwaters and the effects of wave action, if applicable, expected at the 31 site; and 32 (10) The costs of providing governmental services during and after flood conditions 33 including maintenance and repair of public utilities and facilities such as sewer, gas, 34 electrical and water systems, streets and bridges. 35 Sec. 62-77. - Conditions for issuance of variances. Variances shall be issued only upon: 36 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 14 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) Submission by the applicant, of a showing of good and sufficient cause that the 1 unique characteristics of the size, configuration, or topography of the site limit compliance 2 with any provision of this ordinance or the required elevation standards; 3 (2) Determination by the BZA that: 4 (a) Failure to grant the variance would result in exceptional hardship due to the 5 physical characteristics of the land that render the lot undevelopable; increased 6 costs to satisfy the requirements or inconvenience do not constitute hardship; 7 (b) The granting of a variance will not result in increased flood heights, 8 additional threats to public safety, extraordinary public expense, nor create 9 nuisances, cause fraud on or victimization of the public or conflict with existing 10 local laws and ordinances; and 11 (c) The variance is the minimum necessary, considering the flood hazard, to 12 afford relief; 13 (3) Receipt of a signed statement by the applicant that the variance, if granted, shall 14 be recorded in the Office of the Clerk of the Court in such a manner that it appears in the 15 chain of title of the affected parcel of land; and 16 (4) If the request is for a variance to allow construction of the lowest floor of a new 17 building, or substantial improvement of a building, below the required elevation, a copy 18 in the record of a written notice from the Floodplain Administrator to the applicant for 19 the variance, specifying the difference between the base flood elevation and the 20 proposed elevation of the lowest floor, stating that the cost of federal flood insurance will 21 be commensurate with the increased risk resulting from the reduced floor elevation (up to 22 amounts as high as $25 for $100 of insurance coverage), and stating that construction 23 below the base flood elevation increases risks to life and property. 24 Secs. 62-78—62.80. – Reserved. 25 DIVISION 8. - VIOLATIONS 26 Sec. 62-81. - Violations. Any development that is not within the scope of the Florida Building 27 Code but that is regulated by this ordinance that is performed without an issued permit, that is in 28 conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed 29 a violation of this ordinance. A building or structure without the documentation of elevation of the 30 lowest floor, other required design certifications, or other evidence of compliance required by this 31 ordinance or the Florida Building Code is presumed to be a violation until such time as that 32 documentation is provided. 33 Sec. 62-82. - Authority. For development that is not within the scope of the Florida Building 34 Code but that is regulated by this ordinance and that is determined to be a violation, the 35 Floodplain Administrator is authorized to serve notices of violation or stop work orders to 36 owners of the property involved, to the owner’s agent, or to the person or persons performing the 37 work. 38 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 15 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Sec. 62-83. - Unlawful continuance. Any person who shall continue any work after having been 1 served with a notice of violation or a stop work order, except such work as that person is directed 2 to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as 3 prescribed in the Collier County Consolidated Code Enforcement Ordinance as it may be 4 amended or replaced. 5 Secs. 62-84—62.90. – Reserved. 6 DIVISION 9. - TEMPORARY EMERGENCY HOUSING 7 Sec. 62-91. - Establishing the need for temporary emergency housing. To establish the need 8 for temporary emergency housing, the Board of County Commissioners must determine and 9 declare by simple majority vote that an emergency condition exists due to a natural or man-made 10 disaster. Based upon that disaster declaration the County Manager, through the Emergency 11 Management Director and the Floodplain Administrator, is authorized to allow for temporary 12 emergency housing in the special flood hazard area. 13 Sec. 62-92. - Placement of temporary emergency housing within the flood hazard area. The 14 Board of County Commissioners or the County Manager or designee, in coordination with the 15 Floodplain Administrator, may allow for post-disaster emergency temporary manufactured 16 homes, recreational vehicles or similar resources provided by FEMA, the Florida Division of 17 Emergency Management, the Collier County Department of Emergency Management or 18 successor of any of the previously described organizations, within the flood hazard areas for a 19 period of six months. This period may be extended by the Board taking the extent and severity of 20 the disaster into account. 21 Sec. 62-93. – VE Flood Zone. Temporary emergency housing shall not be located within the 22 VE food zone). 23 Sec. 62-94. - Installation standards. Manufactured homes shall be placed in a manner 24 consistent with Division 4 of Article III. Recreational vehicles or similar road ready vehicles shall 25 comply with the requirements of Division 5 of Article III. 26 Sec. 62-05. - Emergency notification and evacuation plan. An emergency notification and 27 evacuation plan shall be prepared to ensure the safety of the occupants of the temporary 28 emergency housing. The emergency notification and evacuation plan shall be submitted, within 29 thirty (30) days of occupancy of the temporary emergency housing units, for review and 30 approval to the Collier County Department of Emergency Management. 31 Sec. 62-96. - Permit for the Temporary Placement of Emergency Housing. Prior to the 32 placement of all temporary emergency housing in the special flood hazard area, the applicant 33 shall be required to submit a temporary permit application to the Floodplain Administrator 34 affirming that the structure is in compliance with this section and 44 CFR 60.3 (e). 35 Sec. 62-97. - Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this 36 section shall be consistent with the Code of Laws and Ordinances Chapter 38 – Civil 37 Emergencies. 38 Secs. 62-98—62.100. – Reserved. 39 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 16 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx ARTICLE II. - DEFINITIONS AND ACRONYMS 1 Sec. 62-101. – General. Unless otherwise expressly stated, the following words, terms, and 2 acronyms shall, for the purposes of this ordinance, have the meanings shown in this section. 3 Where terms are not defined in this ordinance and are defined in the Florida Building Code, such 4 terms shall have the meanings ascribed to them in that code. Where terms are not defined in this 5 ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such 6 as the context implies. 7 Sec. 62-102. – Definitions. 8 Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel 9 alignment, channelization, or change in cross-sectional area of the channel or the channel 10 capacity, or any other form of modification which may alter, impede, retard or change the direction 11 and/or velocity of the riverine flow of water during conditions of the base flood. 12 Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision 13 of this ordinance. 14 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the 15 Florida Building Code. ASCE 24 is developed and published by the American Society of Civil 16 Engineers, Reston, VA. 17 Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. 18 [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100 year 19 flood" or the “1-percent-annual chance flood.” 20 Base flood elevation. The elevation of the base flood, including wave height, relative to the 21 National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other 22 datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 23 202.] 24 Basement. The portion of a building having its floor subgrade (below ground level) on all sides. 25 [Also defined in FBC, B, Section 202.] 26 Coastal construction control line. The line established by the State of Florida pursuant to 27 section 161.053, F.S., and recorded in the official records of the community, which defines that 28 portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, 29 storm waves or other predictable weather conditions. 30 Coastal A Zone. Area within a special flood hazard area, landward of a Zone V or landward of 31 an open coast without mapped coastal high hazard areas. The inland limit of the Coastal A Zone 32 is the Limit of Moderate Wave Action where delineated on the Flood Insurance Rate Map 33 (FIRM). 34 Coastal high hazard area. A special flood hazard area extending from offshore to the inland 35 limit of a primary frontal dune along an open coast and any other area subject to high velocity 36 wave action from storms or seismic sources. Coastal high hazard areas are also referred to as 37 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 17 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on 1 Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. 2 Declaration of Land Restriction (Non-conversion Agreement). A form provided by the 3 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official 4 Records of the Clerk of Courts, stating the owner agrees to not convert or modify the following 5 construction in any manner that is inconsistent with the terms of the building permit and this 6 ordinance: (1) an enclosure below an elevated building, (2) crawl/underfloor spaces that are 7 more than 5 feet in height (measured from the lowest interior grade or floor to the bottom of the 8 floor system above); (3) a detached structure that is not elevated and is larger than 120 square 9 feet in area. 10 Design flood. The flood associated with the greater of the following two areas: [Also defined in 11 FBC, B, Section 202.] 12 (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any 13 year; or 14 (2) Area designated as a flood hazard area on the community’s flood hazard map, or 15 otherwise legally designated. 16 Design flood elevation. The elevation of the “design flood,” including wave height, relative to 17 the datum specified on the community’s legally designated flood hazard map. In areas designated 18 as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the 19 building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas 20 designated as Zone AO where the depth number is not specified on the map, the depth number 21 shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] 22 Development. Any man-made change to improved or unimproved real estate, including but not 23 limited to, buildings or other structures, tanks, temporary structures, temporary or permanent 24 storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling 25 operations or any other land disturbing activities. 26 Encroachment. The placement of fill, excavation, buildings, permanent structures or other 27 development into a flood hazard area which may impede or alter the flow capacity of riverine 28 flood hazard areas. 29 Existing building and existing structure. Any buildings and structures for which the start of 30 construction commenced before September 4, 1979. [Also defined in FBC, B, Section 202.] 31 Existing manufactured home park or subdivision. A manufactured home park or subdivision 32 for which the construction of facilities for servicing the lots on which the manufactured homes 33 are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, 34 and either final site grading or the pouring of concrete pads) is completed before September 4, 35 1979. 36 Expansion to an existing manufactured home park or subdivision. The preparation of 37 additional sites by the construction of facilities for servicing the lots on which the manufactured 38 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 18 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx homes are to be affixed (including the installation of utilities, the construction of streets, and either 1 final site grading or the pouring of concrete pads). 2 Federal Emergency Management Agency (FEMA). The federal agency that, in addition to 3 carrying out other functions, administers the National Flood Insurance Program. 4 Flood or flooding. A general and temporary condition of partial or complete inundation of 5 normally dry land from: [Also defined in FBC, B, Section 202.] 6 (1) The overflow of inland or tidal waters. 7 (2) The unusual and rapid accumulation or runoff of surface waters from any source. 8 Flood damage-resistant materials. Any construction material capable of withstanding direct and 9 prolonged contact with floodwaters without sustaining any damage that requires more than 10 cosmetic repair. [Also defined in FBC, B, Section 202.] 11 Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 12 202.] 13 (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in 14 any year. 15 (2) The area designated as a flood hazard area on the community’s flood hazard 16 map, or otherwise legally designated. 17 Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal 18 Emergency Management Agency has delineated both special flood hazard areas and the risk 19 premium zones applicable to the community. [Also defined in FBC, B, Section 202.] 20 Flood Insurance Study (FIS). The official report provided by the Federal Emergency 21 Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and 22 Floodway Map (if applicable), the water surface elevations of the base flood, and supporting 23 technical data. [Also defined in FBC, B, Section 202.] 24 Floodplain Administrator. The office or position designated and charged with the administration 25 and enforcement of this ordinance. 26 Floodplain development permit or approval. An official document or certificate issued by the 27 community, or other evidence of approval or concurrence, which authorizes performance of 28 specific development activities that are located in flood hazard areas and that are determined 29 to be compliant with this ordinance. For the purposes of this Ordinance, this is synonymous with 30 the local site development plan, construction plans, or building permit, as applicable, (i.e., any 31 County authorization which must be approved by the County prior to proceeding with any 32 “development”.) 33 Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that 34 must be reserved in order to discharge the base flood without cumulatively increasing the water 35 surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] 36 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 19 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Floodway encroachment analysis. An engineering analysis of the impact that a proposed 1 encroachment into a floodway is expected to have on the floodway boundaries and base flood 2 elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using 3 standard engineering methods and models. 4 Florida Building Code. The family of codes adopted by the Florida Building Commission, 5 including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building 6 Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; 7 Florida Building Code, Fuel Gas. 8 Functionally dependent use. A use which cannot perform its intended purpose unless it is 9 located or carried out in close proximity to water, including only docking facilities, port facilities 10 that are necessary for the loading and unloading of cargo or passengers, and ship building and 11 ship repair facilities; the term does not include long-term storage or related manufacturing 12 facilities. 13 Hardship. As related to variances from this Ordinance, hardship means the exceptional 14 hardship associated with the land that would result from a failure to grant the requested variance. 15 The community requires that the variance is exceptional, unusual, and peculiar to the property 16 involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic 17 considerations, physical handicaps, personal preferences, or the objection of one's neighbors 18 likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be 19 resolved through other means without granting a variance, even if the alternative is more 20 expensive, or requires the property owner to build elsewhere or put the parcel to a different use 21 than originally intended. 22 Highest adjacent grade. The highest natural elevation of the ground surface prior to 23 construction next to the proposed walls or foundation of a structure. 24 Historic structure. Any structure that is determined eligible for the exception to the flood hazard 25 area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 26 Letter of Map Change (LOMC). An official determination issued by FEMA that amends or 27 revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map 28 Change include: 29 Letter of Map Amendment (LOMA): An amendment based on technical data showing that 30 a property was incorrectly included in a designated special flood hazard area. A LOMA 31 amends the current effective Flood Insurance Rate Map and establishes that a specific 32 property, portion of a property, or structure is not located in a special flood hazard area. 33 Letter of Map Revision (LOMR): A revision based on technical data that may show 34 changes to flood zones, flood elevations, special flood hazard area boundaries and 35 floodway delineations, and other planimetric features. 36 Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel 37 of land has been elevated by fill above the base flood elevation and is, therefore, no longer 38 located within the special flood hazard area. In order to qualify for this determination, 39 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 20 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx the fill must have been permitted and placed in accordance with the community’s 1 floodplain management regulations. 2 Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether 3 a proposed flood protection project or other project complies with the minimum NFIP 4 requirements for such projects with respect to delineation of special flood hazard areas. 5 A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance 6 Study; upon submission and approval of certified as-built documentation, a Letter of Map 7 Revision may be issued by FEMA to revise the effective FIRM. 8 Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds 9 Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less 10 and which has a basic vehicle frontal area of 45 square feet or less, which is: 11 (1) Designed primarily for purposes of transportation of property or is a derivation of 12 such a vehicle, or 13 (2) Designed primarily for transportation of persons and has a capacity of more than 14 12 persons; or 15 (3) Available with special features enabling off-street or off-highway operation and 16 use. 17 Limit of Moderate Wave Action (LiMWA). Line shown on FIRMs to indicate the inland limit of 18 the 1 ½-foot breaking wave height during the base flood. 19 Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including 20 basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, 21 usable solely for vehicle parking, building access or limited storage provided that such enclosure 22 is not built so as to render the structure in violation of the non-elevation requirements of the Florida 23 Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] 24 Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a 25 copious development of interlacing adventitious roots above ground and which contain one or 26 more of the following species: Black mangrove (Avicennia germinans); red mangrove (Rhizophora 27 mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erecta). 28 Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet 29 or more in width and greater than four hundred (400) square feet, and which is built on a 30 permanent, integral chassis and is designed for use with or without a permanent foundation when 31 attached to the required utilities. The term "manufactured home" does not include a "recreational 32 vehicle" or “park trailer.” [Also defined in 15C-1.0101, F.A.C.] 33 Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into 34 two or more manufactured home lots for rent or sale. 35 Market value. The price at which a property will change hands between a willing buyer and a 36 willing seller, neither party being under compulsion to buy or sell and both having reasonable 37 knowledge of relevant facts. As used in this ordinance, the term refers to the market value of 38 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 21 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx buildings and structures, excluding the land and other improvements on the parcel. Market value 1 may be established by a qualified independent appraiser, Actual Cash Value (replacement cost 2 depreciated for age and quality of construction), or tax assessment value adjusted to approximate 3 market value by a factor provided by the Property Appraiser 4 National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference 5 for establishing varying elevations within the Floodplain. Elevation information based upon NGVD 6 and used for Floodplain management purposes prior to March 14, 2011, may continue to be used 7 provided there is also converted elevation information based upon NAVD. After March 14, 2011, 8 all elevation information submitted with a Development permit shall utilize NAVD. 9 New construction. For the purposes of administration of this ordinance and the flood resistant 10 construction requirements of the Florida Building Code, structures for which the start of 11 construction commenced on or after September 4, 1979 and includes any subsequent 12 improvements to such structures. 13 New manufactured home park or subdivision. A manufactured home park or subdivision 14 for which the construction of facilities for servicing the lots on which the manufactured homes 15 are to be affixed (including at a minimum, the installation of utilities, the construction of streets, 16 and either final site grading or the pouring of concrete pads) is completed on or after September 17 4, 1979. 18 North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference 19 for establishing varying elevations within the Floodplain. After March 14, 2011, all elevation 20 information submitted with a Development permit shall utilize NAVD. 21 Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and 22 which is built on a single chassis and is designed to provide seasonal or temporary living quarters 23 when connected to utilities necessary for operation of installed fixtures and appliances. [Defined 24 in 320.01, F.S.] 25 Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.) 26 (1) Built on a single chassis; 27 (2) Four hundred (400) square feet or less when measured at the largest horizontal 28 projection; 29 (3) Designed to be self propelled or permanently towable by a light-duty truck; and 30 (4) Designed primarily not for use as a permanent dwelling but as temporary living 31 quarters for recreational, camping, travel, or seasonal use. 32 Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the 33 beach. 34 Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of 35 flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1 36 A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.] 37 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 22 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Start of construction. The date of issuance for new construction and substantial 1 improvements to existing structures, provided the actual start of construction, repair, 2 reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the 3 date of the issuance. The actual start of construction means either the first placement of 4 permanent construction of a building (including a manufactured home) on a site, such as the 5 pouring of slab or footings, the installation of piles, or the construction of columns. 6 Permanent construction does not include land preparation (such as clearing, grading, or 7 filling), the installation of streets or walkways, excavation for a basement, footings, piers, or 8 foundations, the erection of temporary forms or the installation of accessory buildings such as 9 garages or sheds not occupied as dwelling units or not part of the main buildings. For a 10 substantial improvement, the actual “start of construction” means the first alteration of any wall, 11 ceiling, floor or other structural part of a building, whether or not that alteration affects the external 12 dimensions of the building. [Also defined in FBC, B Section 202.] 13 Substantial damage. Damage of any origin sustained by a building or structure whereby the cost 14 of restoring the building or structure to its before-damaged condition would equal or exceed 50 15 percent of the market value of the building or structure before the damage occurred. [Also 16 defined in FBC, B Section 202.] 17 Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other 18 improvement of a building or structure, the cost of which equals or exceeds 50 percent of the 19 market value of the building or structure before the improvement or repair is started. If the 20 structure has incurred substantial damage, any repairs are considered substantial improvement 21 regardless of the actual repair work performed. The term does not, however, include either: [Also 22 defined in FBC, B, Section 202.] 23 (1) Any project for improvement of a building required to correct existing health, 24 sanitary, or safety code violations identified by the building official and that are the 25 minimum necessary to assure safe living conditions. 26 (2) Any alteration of a historic structure provided the alteration will not preclude the 27 structure's continued designation as a historic structure. [See Instructions and Notes] 28 Temporary emergency housing: Typically provided by FEMA or the Florida Division of 29 Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or 30 the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida 31 Division of Emergency Management may provide housing resources via its contractor or other 32 approved agency such as the U.S. Department of Housing and Urban Development and others 33 to provide for temporary emergency housing including but not limited to: modular homes, mobile 34 homes, component homes, cottages, camper trailers, or some other type of temporary living 35 quarters intended to house displaced residents impacted by a natural or man-made disaster 36 event. 37 Variance. A grant of relief from the requirements of this ordinance, or the flood resistant 38 construction requirements of the Florida Building Code, which permits construction in a manner 39 that would not otherwise be permitted by this ordinance or the Florida Building Code. 40 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 23 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other 1 topographic feature in, on, through, or over which water flows at least periodically. The 2 watercourse does not include the adjoining floodplain areas. 3 Wet season water table elevation (WSWT). The elevation, in relation to the NAVD of 1988, of 4 the groundwater during that period of time each year in which the upper surface of the 5 groundwater, or that level below which the soil or underlying rock material is wholly saturated with 6 water, can normally be expected to be at its highest level. Water table elevation is measured 7 from the soil surface downward to the upper level of saturated soil or upward to the free water 8 level. The WSWT may be determined using the South Florida Water Management District's 9 Environmental Resource Permit Information Manual 2014 (amended through August 7, 2016), 10 Part 111 – References and Design Aids, Section D (Determination of Seasonal High Water 11 Table), as amended, or other methodology as approved by the Florida Department of 12 Environmental Protection. 13 Zone X. The designation used on Flood Insurance Rate Maps to identify areas outside the 14 Special Flood Hazard Area. No flood elevations or depths are shown in this zone, and 15 mandatory Federal flood insurance purchase requirements do not apply. Flood insurance is 16 optional and available. Zone X may be: 17 • Zone X-500 (also known as Zone X Shaded) which represents the area outside of 18 the 1-percent annual chance Floodplain but within the 0.2-percent annual chance 19 Floodplain, and 20 • Zone X (also known as Zone X Unshaded) which represents the area outside of 21 the 0.2-percent annual chance Floodplain. 22 Sec. 62-103. – Acronyms. 23 ASCE American Society of Civil Engineers BFE Base flood elevation FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Study NAVD North American Vertical Datum NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum WSWT Wet season water table 24 Secs. 62-104—62.110. – Reserved. 25 ARTICLE III. - FLOOD RESISTANT DEVELOPMENT 26 DIVISION 1. - BUILDINGS AND STRUCTURES 27 Sec. 62-111. – Design and construction of buildings, structures and facilities exempt from 28 the Florida Building Code. Pursuant to Section 62-33 of this ordinance, buildings, structures, 29 and facilities that are exempt from the Florida Building Code, including substantial improvement 30 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 24 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx or repair of substantial damage of such buildings, structures and facilities, shall be designed and 1 constructed in accordance with the flood load and flood resistant construction requirements of 2 ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed 3 buildings shall comply with the requirements of Division 7 of this article. 4 Sec. 62-112. – Enclosures below the lowest floor. Enclosed areas below elevated buildings 5 and structures shall comply with the requirements of the Florida Building Code, shall be limited 6 to parking of vehicles, storage, and building access, and shall comply with the following: 7 (1) Access to the enclosed area shall be minimum necessary to allow for parking of 8 vehicles (garage door), limited storage of maintenance equipment used in connection 9 with the premises (one solid double door set – no glass), or entry to the living area 10 (stairway, or elevator); 11 (2) The interior portion of such enclosed area shall not be finished or temperature-12 controlled (air conditioned); 13 (2) The interior portion of such enclosed area shall not be temperature-controlled by a 14 permanently mounted air-conditioner or connected to central air. 15 (3) All areas that are partitioned within the enclosed area shall be vented in 16 accordance with ASCE 24 Flood Resistant Design and Construction; 17 (4) All construction below the lowest floor shall be built with flood damage-resistant 18 materials consistent with ASCE 24 Flood Resistant Design and Construction, for 19 example: pressure treated wood and water-durable and mold resistant cement 20 backerboard; and 21 (5) Section 104.3, regarding a Declaration of Land Restriction (Non-conversion 22 agreement). 23 Sec. 62-113. – Detached accessory structures. Detached accessory structures that are not 24 elevated (garages, tool sheds, storage buildings, steel ISO 10’-20’-40’ storage containers, etc.) 25 may be positioned on the ground or a slab, properly vented, and adequately anchored to withstand 26 wind and buoyancy forces, or secured to piers. A property owner must provide a signed 27 Declaration of Land Restriction (Non-conversion agreement) prior to the issuance of the certificate 28 of completion for detached accessory structures that are not elevated and are greater than 120 29 square feet. 30 Sec. 62-114. – Design and construction of nonresidential farm buildings on farms. Pursuant 31 to Section 62-33 of this ordinance, nonresidential farm buildings on farms that are exempt from 32 the Florida Building Code, including substantial improvement or repair of substantial damage 33 of such buildings, shall be designed and constructed in accordance with the flood load and flood 34 resistant construction requirements of ASCE 24. If required to be elevated in accordance with 35 ASCE 24, nonresidential farm buildings on farms shall be elevated to or above the base flood 36 elevation. Structures exempt from the Florida Building Code that are not walled and roofed 37 buildings shall comply with the requirements of Division 7 of this article. 38 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 25 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Sec. 62-115. – Permanently-mounted air-conditioners, generators, and other exterior 1 mechanical equipment. When installed with new construction or replaced as part of substantial 2 improvement or repair of substantial damage, permanently-mounted air-conditioners, generators, 3 and other exterior mechanical equipment shall be elevated to or above the elevation required by 4 the Florida Building Code - Residential Sec. R322.1.6 or Florida Building Code – Building, Sec. 5 1612 (ASCE 24), as applicable. When not part of substantial improvement or repair of substantial 6 damage, replacement of permanently-mounted air-conditioners, generators, and exterior 7 mechanical equipment shall be elevated to or above the BFE or the lowest floor elevation of the 8 building served, whichever is lower. 9 Sec. 62-116. – Pool Equipment. When installed with new construction, pool equipment shall be 10 elevated to or above the elevation required by the Florida Building Code – Residential R322.1.6 11 or Florida Building Code – Building, Sec. 1612 (ASCE 24), as applicable. Where new pool 12 equipment is installed on an existing pool, the pool equipment shall be elevated to or above the 13 lowest floor elevation of the building served. Where pool equipment is installed to replace existing 14 pool equipment, the new pool equipment shall be elevated to or above the elevation of the existing 15 pool equipment. In cases where the elevation of pool equipment will hinder access for repair and 16 maintenance, a letter may be submitted by the pool contractor to the building official 17 demonstrating that the equipment can be installed to resist flood forces and is GFI protected per 18 the National Electric Code (NEC) 2014, 680.21 (C ), as may be amended from time to time. 19 Sec. 62-117. – Buildings and structures seaward of the coastal construction control line. 20 If extending, in whole or in part, seaward of the coastal construction control line and also 21 located, in whole or in part, in a flood hazard area: 22 (1) Buildings and structures shall be designed and constructed to comply with the 23 more restrictive applicable requirements of the Florida Building Code, Building Section 24 3109 and Section 1612 or Florida Building Code, Residential Section R322. 25 (2) Minor structures and non-habitable major structures as defined in section 161.54, 26 F.S., shall be designed and constructed to comply with the intent and applicable provisions 27 of this ordinance and ASCE 24. 28 Sec. 62-118. – Lowest floor elevation requirements for Residential buildings. Area below the 29 lowest floor shall be limited to storage, access, and parking. 30 (1) Residential buildings subject to South Florida Water Management District Permit 31 requirements or were previously approved to a 100 year, three-day, zero-32 discharge stormwater plan standard, shall have the lowest floor elevated at or 33 above the elevation required by the District Permit, Florida Building Code, or Sec. 34 62-119, below, as applicable. 35 (2) All residential buildings not subject to (1) and located in a flood hazard area, Zone 36 X-500, and Zone X shall have the lowest floor elevated at or above the elevation 37 required by the Florida Building code or as follows, whichever is higher: 38 a. Buildings located on a paved road must be elevated 18 inches above the 39 crown of the nearest street or interior finished roadway system. In the event 40 that the nearest street or interior finished roadway system is located on an 41 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 26 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx evacuation route or other unusually high pavement elevation as agreeable 1 by the County Engineer, the residential building may be elevated a 2 minimum of 18 inches above the crown of the nearest side street. 3 b. Residential buildings located on a graded or otherwise unfinished road 4 must be elevated a minimum of 24 inches above the crown of the nearest 5 street. 6 c. Attached garages and lanais for residential buildings shall have the lowest 7 slab at or above the crown of the nearest street. See Section 62-113 for 8 detached structures. 9 d. On parcels where unusual topographic conditions exist and the standard 10 conditions established in Subsection 62-118(1)a., b., and c. above cannot 11 be reasonably applied, the Building Official will consider requests to 12 decrease the lowest floor elevation. All requests will require an analysis, by 13 a professional engineer, of the 100-year, 3-day storm event using zero 14 discharge, for the entire discharge, for the drainage basin in which the 15 proposed structure is located. Reductions may be allowed on the basis of 16 the analysis, but in no case, shall the lowest floor be less than the elevation 17 required by the Florida Building Code. 18 Sec. 62-119 – Buildings and structures removed from the special flood hazard area. 19 Buildings and structures removed from the special flood hazard area shall be elevated so that 20 the lowest slab, such as a garage, lanai, enclosure, etc. is above the lowest lot elevation (Ground) 21 as identified on the Letter of Map Change provided by FEMA. Further, the lowest adjacent grade 22 of a building or structure must be at or above the base flood elevation as established on the 23 DFIRM. 24 Secs. 62-120—62.130. – Reserved. 25 DIVISION 2. - SUBDIVISIONS 26 Sec. 62-131. – Minimum requirements. Subdivision proposals, including proposals for 27 manufactured home parks and subdivisions, shall be reviewed to determine that: 28 (1) Such proposals are consistent with the need to minimize flood damage and will be 29 reasonably safe from flooding; 30 (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base 31 flood elevations are not included on the FIRM, the base flood elevations are 32 determined in accordance with Section 62-42(1) of this ordinance; and 33 (3) All public utilities and facilities such as sewer, gas, electric, communications, and 34 water systems are located and constructed to minimize or eliminate flood damage; and 35 (4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 36 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 37 from proposed structures; and 38 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 27 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (5) The site improvement and utilities requirements of Division 3 of this article are 1 satisfied. 2 Secs. 62-132—62.140. – Reserved. 3 DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 4 Sec. 62-141. – Minimum requirements. All proposed new development shall be reviewed to 5 determine that: 6 (1) Such proposals are consistent with the need to minimize flood damage and will be 7 reasonably safe from flooding; 8 (2) All public utilities and facilities such as sewer, gas, electric, communications, and 9 water systems are located and constructed to minimize or eliminate flood damage; and 10 (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 11 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 12 from proposed structures. 13 Sec. 62-142. – Sanitary sewage facilities. All new and replacement sanitary sewage facilities, 14 private sewage treatment plants (including all pumping stations and collector systems), and on-15 site waste disposal systems shall be designed in accordance with the standards for onsite sewage 16 treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or 17 eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood 18 waters, and impairment of the facilities and systems. 19 Sec. 62-143. – Water supply facilities. All new and replacement water supply facilities shall be 20 designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. 21 and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 22 Sec. 62-144. – Limitations on sites in regulatory floodways. No development, including but 23 not limited to site improvements, and land disturbing activity involving fill or regrading, shall be 24 authorized in the regulatory floodway unless the floodway encroachment analysis required in 25 Section 62-43(1) of this ordinance demonstrates that the proposed development or land 26 disturbing activity will not result in any increase in the base flood elevation. 27 Sec. 62-145. – Limitations on placement of fill. Subject to the limitations of this ordinance, fill 28 shall be designed to be stable under conditions of flooding including rapid rise and rapid 29 drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and 30 scour. In addition to these requirements, if intended to support buildings and structures (Zone A 31 only), fill shall comply with the requirements of the Florida Building Code. 32 Sec. 62-146. – Limitations on sites in coastal high hazard areas (Zone V). In coastal high 33 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such 34 alteration is approved by the Florida Department of Environmental Protection and only if the 35 engineering analysis required by Section 62-43(4) of this ordinance demonstrates that the 36 proposed alteration will not increase the potential for flood damage. Construction or restoration 37 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 28 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx of dunes under or around elevated buildings and structures shall comply with Section 62-198(3) 1 of this ordinance. 2 Secs. 62-147—62.150. – Reserved. 3 DIVISION 4. - MANUFACTURED HOMES 4 Sec. 62-151. – General. All manufactured homes installed in flood hazard areas shall be 5 installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with 6 the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located 7 seaward of the coastal construction control line, all manufactured homes shall comply with 8 the more restrictive of the applicable requirements. 9 Sec. 62-152. – Foundations. All new manufactured homes and replacement manufactured 10 homes installed in flood hazard areas shall be installed on permanent foundations that: 11 (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are 12 designed in accordance with the foundation requirements of the Florida Building Code, 13 Residential Section R322.2 and this ordinance. Foundations for manufactured homes 14 subject to Section 62-156 of this ordinance are permitted to be reinforced piers or other 15 foundation elements of at least equivalent strength. 16 (2) In coastal high hazard areas (Zone V), are designed in accordance with the 17 foundation requirements of the Florida Building Code, Residential Section R322.3 and this 18 ordinance. 19 Sec. 62-153. – Anchoring. All new manufactured homes and replacement manufactured 20 homes shall be installed using methods and practices which minimize flood damage and shall be 21 securely anchored to an adequately anchored foundation system to resist flotation, collapse or 22 lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or 23 frame ties to ground anchors. This anchoring requirement is in addition to applicable state and 24 local anchoring requirements for wind resistance. 25 Sec. 62-154. – Elevation. Manufactured homes that are placed, replaced, or substantially 26 improved shall comply with Section 62-155 or 62-156 of this ordinance, as applicable. 27 Sec. 62-155. – General elevation requirement. Unless subject to the requirements of Section 28 62-154 of this ordinance, all manufactured homes that are placed, replaced, or substantially 29 improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a 30 new manufactured home park or subdivision; (c) in an expansion to an existing 31 manufactured home park or subdivision; or (d) in an existing manufactured home park or 32 subdivision upon which a manufactured home has incurred substantial damage as the result 33 of a flood, shall be elevated such that the lowest floor is at or above the elevation required, as 34 applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 35 (Zone A) or Section R322.3 (Zone V). 36 Sec. 62-156. – Elevation requirement for certain existing manufactured home parks and 37 subdivisions. Manufactured homes that are not subject to Section 62-155 of this ordinance, 38 including manufactured homes that are placed, replaced, or substantially improved on sites 39 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 29 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx located in an existing manufactured home park or subdivision, unless on a site where 1 substantial damage as result of flooding has occurred, shall be elevated such that either the: 2 (1) Lowest Floor of the manufactured home is at or above the elevation required, as 3 applicable to the flood hazard area, in the Florida Building Code, Residential Section 4 R322.2 (Zone A) or Section R322.3 (Zone V); or 5 (2) Bottom of the frame is supported by reinforced piers or other foundation elements 6 of at least equivalent strength that are not less than 36 inches in height above grade. 7 Sec. 62-157. – Enclosures. Enclosed areas below elevated manufactured homes shall comply 8 with the requirements of the Florida Building Code, Residential Section R322 for such enclosed 9 areas, as applicable to the flood hazard area. If semi-rigid skirting is attached to the 10 manufactured home frame, documentation shall be provided by a registered design professional 11 stating the skirting does not provide structural support and will collapse under wind and water 12 loads that are expected during occurrence of the base flood without causing structural damage to 13 the elevated home or foundation. 14 Sec. 62-158. – Utility equipment. Utility equipment that serves manufactured homes, including 15 electric, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities, 16 shall comply with the requirements of the Florida Building Code, Residential Section R322, as 17 applicable to the flood hazard area. Replacement of permanently-mounted air conditioning 18 equipment, generators, and exterior mechanical equipment shall comply with Section 62-115. 19 Sec. 62-159. – Permits required for additions, attachments, improvements and repair of 20 manufactured homes. Building permits are required for additions, attachments, improvements 21 and repair of damage by any cause to manufactured homes. Any addition or attachment that is 22 structurally connected to the manufactured home or is freestanding shall be constructed to meet 23 the Florida Building Code, as may be amended from time to time. The design of an addition or 24 attachment shall use the current wind criteria for the zone. 25 1. An addition or attachment shall only be allowed where a manufactured home was 26 constructed with a host beam by the manufacturer in order to provide the necessary 27 structural support for the connection between the two structures. For manufactured homes 28 that were not constructed by the manufacturer to support additions or attachments 29 connected to them, the addition or attachment shall be freestanding, other than flashing 30 required for weather-tightness. 31 2. Applications for repair of structural components of a manufactured home shall include 32 letters from a registered design professional or a mobile home inspector that states the 33 structure is in compliance with the applicable Manufactured Home Construction and 34 Safety Standards, developed by HUD, standards in place at the time of assembly. 35 Secs. 62-160—62.170. – Reserved. 36 DIVISION 5. - RECREATIONAL VEHICLES AND PARK TRAILERS 37 Sec. 62-171. – Temporary placement. Recreational vehicles and park trailers placed 38 temporarily in flood hazard areas shall: 39 Regular Text: State Model Ord. Underline Text: Local provision similar to existing FDPO language Double Underlined Text: Local provision that is new language DRAFT FBC Compliant FDPO 30 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) Be on the site for fewer than 180 consecutive days; or 1 (2) Be fully licensed and ready for highway use, which means the recreational 2 vehicle or park model is on wheels or jacking system, is attached to the site only by quick-3 disconnect type utilities and security devices, and has no permanent attachments such as 4 additions, rooms, stairs, decks and porches. 5 Sec. 62-172. – Permanent placement. Recreational vehicles and park trailers that do not meet 6 the limitations in Section 62-171 of this ordinance for temporary placement shall meet the 7 requirements of Division 4 of this article for manufactured homes. 8 Secs. 62-173—62.180. – Reserved. 9 DIVISION 6. - TANKS 10 Sec. 62-181. – Underground tanks. Underground tanks in flood hazard areas shall be 11 anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and 12 hydrostatic loads during conditions of the design flood, including the effects of buoyancy 13 assuming the tank is empty. 14 Sec. 62-182. – Above-ground tanks, not elevated. Above-ground tanks that do not meet the 15 elevation requirements of Section 62-183 of this ordinance shall: 16 (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard 17 areas, provided the tanks are anchored or otherwise designed and constructed to prevent 18 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 19 during conditions of the design flood, including the effects of buoyancy assuming the tank 20 is empty and the effects of flood-borne debris. 21 (2) Not be permitted in coastal high hazard areas (Zone V). 22 Sec. 62-183. – Above-ground tanks, elevated. Above-ground tanks in flood hazard areas 23 shall be and elevated to or above the design flood elevation and attached to a supporting 24 structure that is designed to prevent flotation, collapse or lateral movement during conditions of 25 the design flood. Tank-supporting structures shall meet the foundation requirements of the 26 applicable flood hazard area. 27 Sec. 62-184. – Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 28 (1) At or above the design flood elevation or fitted with covers designed to prevent 29 the inflow of floodwater or outflow of the contents of the tanks during conditions of the 30 design flood; and 31 (2) Anchored to prevent lateral movement resulting from hydrodynamic and 32 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 33 Secs. 62-185—62.190. – Reserved. 34 DIVISION 7. - OTHER DEVELOPMENT 35 Regular Text: State Model Ord. Underline Text: Local provision similar to existing FDPO language Double Underlined Text: Local provision that is new language DRAFT FBC Compliant FDPO 31 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx Sec. 62-191. – General requirements for other development. All development, including man-1 made changes to improved or unimproved real estate for which specific provisions are not 2 specified in this ordinance or the Florida Building Code, shall: 3 (1) Be located and constructed to minimize flood damage; 4 (2) Meet the limitations of Section 62-144 of this ordinance if located in a regulated 5 floodway; 6 (3) Be anchored to prevent flotation, collapse or lateral movement resulting from 7 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 8 (4) Be constructed of flood damage-resistant materials; and 9 (5) Have mechanical, plumbing, and electrical systems above the base flood 10 elevation, except that minimum electric service required to address life safety and electric 11 code requirements is permitted below the base flood elevation provided it conforms to 12 the provisions of the electrical part of building code for wet locations. 13 Sec. 62-192. – Fences in regulated floodways. Fences in regulated floodways that have the 14 potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, 15 shall meet the limitations of Section 62-144 of this ordinance. 16 Sec. 62-193. – Retaining walls, sidewalks and driveways in regulated floodways. Retaining 17 walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall 18 meet the limitations of Section 62-144 of this ordinance. 19 Sec. 62-194. – Roads and watercourse crossings in regulated floodways. Roads and 20 watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means 21 for vehicles or pedestrians to travel from one side of a watercourse to the other side, that 22 encroach into regulated floodways shall meet the limitations of Section 62-144 of this ordinance. 23 Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 24 requirements of Section 62-43(3) of this ordinance. 25 Sec. 62-195 – Concrete slabs used as parking pads, enclosure floors, landings, decks, 26 walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In 27 coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, 28 decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to 29 buildings and structures provided the concrete slabs are designed and constructed to be: 30 (1) Structurally independent of the foundation system of the building or structure; 31 (2) Frangible and not reinforced, so as to minimize debris during flooding that is 32 capable of causing significant damage to any structure; and 33 (3) Have a maximum slab thickness of not more than four (4) inches. 34 Sec. 62-196. – Decks and patios in coastal high hazard areas (Zone V). In addition to the 35 requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall 36 be located, designed, and constructed in compliance with the following: 37 Regular Text: State Model Ord. Underline Text: Local provision similar to existing FDPO language Double Underlined Text: Local provision that is new language DRAFT FBC Compliant FDPO 32 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (1) A deck that is structurally attached to a building or structure shall have the bottom 1 of the lowest horizontal structural member at or above the design flood elevation and 2 any supporting members that extend below the design flood elevation shall comply with 3 the foundation requirements that apply to the building or structure, which shall be designed 4 to accommodate any increased loads resulting from the attached deck. 5 (2) A deck or patio that is located below the design flood elevation shall be 6 structurally independent from buildings or structures and their foundation systems, and 7 shall be designed and constructed either to remain intact and in place during design flood 8 conditions or to break apart into small pieces to minimize debris during flooding that is 9 capable of causing structural damage to the building or structure or to adjacent buildings 10 and structures. 11 (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that 12 is constructed with more than the minimum amount of fill necessary for site drainage shall 13 not be approved unless an analysis prepared by a qualified registered design professional 14 demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that 15 would increase damage to the building or structure or to adjacent buildings and structures. 16 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that 17 is at natural grade or on nonstructural fill material that is similar to and compatible with 18 local soils and is the minimum amount necessary for site drainage may be approved 19 without requiring analysis of the impact on diversion of floodwaters or wave runup and 20 wave reflection. 21 Sec. 62-197. – Other development in coastal high hazard areas (Zone V). In coastal high 22 hazard areas, development activities other than buildings and structures shall be permitted only 23 if also authorized by the appropriate federal, state or local authority; if located outside the footprint 24 of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified 25 registered design professionals demonstrate no harmful diversion of floodwaters or wave runup 26 and wave reflection that would increase damage to adjacent buildings and structures. Such other 27 development activities include but are not limited to: 28 (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 29 structures; 30 (2) Solid fences and privacy walls, and fences prone to trapping debris, unless 31 designed and constructed to fail under flood conditions less than the design flood or 32 otherwise function to avoid obstruction of floodwaters; and 33 (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as 34 filled systems or mound systems. 35 Sec. 62-198. – Nonstructural fill in coastal high hazard areas (Zone V). In coastal high 36 hazard areas: 37 (1) Minor grading and the placement of minor quantities of nonstructural fill shall be 38 permitted for landscaping and for drainage purposes under and around buildings. 39 Regular Text: State Model Ord. Underline Text: Local provision similar to existing FDPO language Double Underlined Text: Local provision that is new language DRAFT FBC Compliant FDPO 33 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five 1 units horizontal shall be permitted only if an analysis prepared by a qualified registered 2 design professional demonstrates no harmful diversion of floodwaters or wave runup and 3 wave reflection that would increase damage to adjacent buildings and structures. 4 (3) Where authorized by the Florida Department of Environmental Protection or 5 applicable local approval, sand dune construction and restoration of sand dunes under 6 or around elevated buildings are permitted without additional engineering analysis or 7 certification of the diversion of floodwater or wave runup and wave reflection if the scale 8 and location of the dune work is consistent with local beach-dune morphology and the 9 vertical clearance is maintained between the top of the sand dune and the lowest 10 horizontal structural member of the building. 11 SECTION 5. APPLICABILITY. 12 For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated 13 areas of Collier county. This ordinance shall apply to all applications for development, including 14 building permit applications and subdivision proposals, submitted on or after the effective date of 15 this ordinance. 16 SECTION 6. REPEALER. 17 Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of 18 any conflict. This ordinance specifically repeals and replaces Collier County Ordinance No. 2011-19 07. 20 SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. 21 It is the intent of the Board of County Commissioners that the provisions of this ordinance shall 22 become and be made a part of the Collier County Code of Laws and Ordinances, and that the 23 sections of this ordinance may be renumbered or relettered and the word “ordinance” may be 24 changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to 25 accomplish such intentions. 26 SECTION 8. SEVERABILITY. 27 If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, 28 declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity 29 of the ordinance as a whole, or any part thereof, other than the part so declared. 30 SECTION 9. EFFECTIVE DATE. 31 This ordinance shall take effect upon filing with the Florida Department of State. 32 PASSED on first reading {insert date}. 33 PASSED on first reading {insert date}. 34 PASSED and ADOPTED in regular session, with a quorum present and voting, by the {governing 35 body}, upon second and final reading this {insert date}. 36 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 34 | Page H:\Planning and Regulation\FloodPlain Management\Caroline ‐ Floodplain Management Program folder\FBC compliant Model Ord\DSAC‐LDR\8‐21‐18\Exhibit 3. State Model Ord ‐ FDPO 8‐23‐18.docx {Governing body} 1 __________________________ 2 {Chief Elected Officer} 3 ATTEST: BOARD OF COUNTY COMMISSIONERS 4 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 5 By: ____________________ By: 6 {Manager/Clerk} , Deputy Clerk 7 8 Approved as to form and legality: 9 10 11 ____________________ 12 13 2800 N. Horseshoe Dr. Naples, FL 34104 (239) 252-2400 Floodplain Development Permit For all development not subject to the Florida Building Code (including buildings and facilities exempt from the FBC) Permit Number: ______________________________________________________________________ Identify the Proposed Development, check all that apply:  Temporary RV  Non-Residential Farm Building on farm  Manufactured Home Improvement  Site Plan Attached. Requirements: Must show extent of the area impacted by proposed development, flood hazard area boundaries and flood zones, Base Flood Elevation, existing and proposed ground elevations as applicable to the development, and existing buildings. Property Owner Name: _________________________________________________________________ Phone # and Email: _____________________________________________________________________ Address: _____________________________________________________________________________ Agent, if any: _________________________________________________________________________ Cost of Proposed Work: $________________________________________________________________ Contractor Name: ______________________________________________________________________ Contractor Address: ____________________________________________________________________ Contractor Phone # and Email: ___________________________________________________________ Floodplain Management Information: Flood Zone: _____________________ Base Flood Elevation: ______________ Datum: _____________ How Determined:  DFIRM or FIS Unnumbered A zone determination:________________________ Seaward of CCCL?:  Yes or  No CoBRA or OPA?:  Yes or  No LOMA case number: ___________ Notes and Conditions of approval: _____________________________________________________________________________________ Agreement by Owner or by Owner’s Agent: The undersigned hereby makes application to develop in a special flood hazard area. The development to be performed is described above and attached hereto. The undersigned agrees that all such work shall be done in accordance with the requirements of the Collier County Floodplain Management Ordinance and with all other applicable local, State and Federal requirements, including the Florida Building Code, as applicable. Signature: ___________________________________________________ Date: ______________ Staff Signature: _______________________________________________ Date: ______________ 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 8-27-18.docx L.2. Zoning Verification Letter – Non-residential Farm Building Reference LDC subsection 10.02.06 J and F.S. § 823.14 and F.S. § 553.73(10)(c) Applicability A Zoning Verification Letter may be used to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. If the use is not used for farming, purposes, then the building will not be exempt and requires a building permit. For example, a structure that provides sh elter for animals or for storage of mechanical equipment would be a correct application for the Pre-Application A pre-application meeting is not required. Initiation The applicant files a “Zoning Verification Letter Application – Non Residential Farm Building” with the Planning & Zoning Department Division. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Property identification number; and • Address of subject site. 3. Type of verification being requested. 4. Description of the existing/proposed use of the property. 5. Description of the proposed use for the nonresidential farm building. 6. A survey or sketch, dawn-to-scale plan showing the building, property boundaries and dimensions and existing easements or rights-of-way, location of water bodies or jurisdictional wetlands. 7. Location of the existing and proposed buildings, identifying the separation distances between buildings and the setbacks to the proposed nonresidential farm building. 8. Compliance with floodplain construction standards. the Collier County Floodplain Management Ordinance, as may be amended from time to time. 9. Floodplain Development permit. 10. During construction: Under Construction Elevation Certificate. 11. Post construction: Finished Construction Elevation Certificate. 12. Proof of Bona Fide Farm Operation: • Farm Serial Number assigned by USDA Farm Services; or • Documentation that the land has an Agricultural Exemption through the Collier County Appraiser’s Office; or 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 8-27-18.docx • Description and any supporting documentation to confirm that the property is a Bona Fide Farm Operation, as defined by FS § 823.14; 10. A signed affidavit, stating that the proposed structure is exempt from the requirements for a Building Permit per FS § 553.73. 11. Additional materials may be requested by the staff planner if necessary. Completeness and Processing of Application The Planning & Zoning Department Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning & Zoning Department Division, in coordination with the Building Official Floodplain Administrator will ,review the application, identify whether additional materials are needed, and prepare a Zoning Verification Letter for the applicant. Updated Chapter 6 M. Administrative Appeal of Preliminary Substantial Damage Determination Reference Florida Building Code and Code of Laws and Ordinances Chapter 62-24 Applicability This procedure allows a property owner to administratively appeal a preliminary substantial damage determination through the building permit process. Pre-Application A pre-application meeting is not required; however, a consultation is Floodplain Management Section is recommended. Please contact: FloodInfoRequest@colliercountyfl.gov or the Flood Information Hotline at: 239-252-2942 Initiation The applicant files a building permit along with the materials noted below. Application Contents The application must include the following: All application can be found on the Collier County Building Plan Review and Inspection webpage: https://www.colliercountyfl.gov/your-government/divisions-a-e/building- review 1. Building Permit, to include in the Description of Work, all repair work and other improvements to the structure, 2. Owner-Builder Affidavit, if applicable. 3. Construction plans of the structure (hand drawn is sufficient), with notes identifying the areas to be repaired, and the materials to be used. 4. Removal, Replacement and Repair of Mobile/Manufactured Homes Post Event form. 5. Substantial Improvement or Repair of Substantial Damage Packet and Cost Estimate Worksheet found on the Growth Management Building website, noted above. • The Affidavits must be signed by the property owner and notarized. • The Cost Estimate worksheet must include all repair work, other improvements, and open building permits. • Please note: The property owner is responsible for collecting all subcontractor bids and quotes and compiling them for one cost estimate worksheet. Incremental repair work is not permitted; all repairs must be permitted and calculated under one permit. Completeness and Processing of Application The Zoning Division will review the application for completeness. The completed application packet must be accompanied with the required fee. The tracking number (i.e., PL201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Building Plan Review and Inspection Division will review the application, identify whether additional materials are needed and review the application for compliance with the Florida Building Code and Collier County Code of Laws and Ordinances Chapter 62- Floods. Updated 2800 N. Horseshoe Dr. Naples, FL 34104 (239) 252-2400 Page 1 of 3 Collier County Declaration of Land Restriction Non-Conversion Agreement This form is for use in Flood Zones VE, AE, AH and A for either new construction, substantial improvement, alteration, or repair of 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 that real property legally described as follows: ______________________________________________________________________________ ______________________________________________________________________________ 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 in the public records of Collier County, Florida in Book No. __________ and Page No. __________. WHEREAS, the Owner has applied for a permit to construct a structure on that property and: (1) It is identified by Permit Number _____________________________________(“Permit”); (2) It is located in a flood hazard area identified on Flood Insurance Rate Map Panel # ________________________________, dated ________________; (3) It is located in Flood Zone _____________ Base Flood Elevation:______________ Seaward of LiMWA or community-defined Coastal A Zone limit:  Yes  No Seaward of CCCL:  Yes  No (4) It is designed to conform to the requirements of the Collier County Floodplain Management Ordinance referred herein as “Regulations,” of Collier County, Florida and the Florida Building Code, if applicable; and 2800 N. Horseshoe Dr. Naples, FL 34104 (239) 252-2400 Page 2 of 3 (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 act ions, including such actions by future owners. WHEREAS, the Owner agrees to record this DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)in the public records of Collier County, Florida 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 . 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 – Floodplain Management Section, or any successor division; and 2800 N. Horseshoe Dr. Naples, FL 34104 (239) 252-2400 Page 3 of 3 b. Depending on the nature of work, such permit may require fu ll 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 or floodplain management approval document may constitute 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