Ordinance 2005-51
ORDINANCE 2005-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING CERTAIN PROVISIONS
IN THE CODE OF LA WS AND ORDINANCES OF
COLLIER COUNTY, FLORIDA, ADOPTED IN
ORDINANCE 86-28, AS AMENDED;
PERTAINING TO APPLICABILITY, SEC. 62-32;
PERTAINING TO BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZZARD,
SEC. 62-34; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR ADELA YED EFFECTIVE
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WHEREAS, the Collier County Board of County Commissioners seeks to protect the
health, safety, and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare and safety of existing and future residents by
enacting and enforcing regulations necessary for the protection of the public including flood
damage prevention ordinances; and
WHEREAS, Collier County is a partIcIpant in the Community Rating System
program of the National Flood Insurance Program (NFIP) which is administered by the
Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland
Security; and
WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance
(Ordinance 86-28, as subsequently amended by Ordinance 87-80 and Ordinance 90-31) that
now requires extensive amendments in order to comply with changes in the National Flood
Insurance Program and to meet certain criteria in the Community Rating System program; and
WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005
wherein Collier County, Florida was notified of FEMA's intention to produce revised Flood
Insurance Rate Map (FIRM) panels with an effective date of November 17,2005; and
WHEREAS, the Board of County Commissioner desires to adopt the new Flood
Insurance Rate Maps for floodplain management purposes with an effecti ve date of
November 1,2005; and
WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be
issued by FEMA contain areas identified as Flood Zone A which became effective on May
17,2005, the date of the issuance of FEMA's Letter of Final Determination; and
WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance
Program, is required to adopt the latest FIRM revisions established by FEMA.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Article II, Section 62-32, Lands to which this chapter applies, of the Code
of Laws and Ordinances of Collier County, Florida is amended as follows:
Sec. 62-32. Lands to which this chapter applies.
This article shall apply to all areas of special flood hazard in the unincorporated area of the
county and identified by the Federal Insurance Administration in its FIRM, dated Juno 3,
+98é November 17.2005, and any revisions thereto.
Words strl:l(;;k throl:lgh are deleted, words underlined are added.
SECTION TWO: Article II, Section 62-34, Basis for establishing the areas of special flood
hazard, of the Code of Laws and Ordinances of Collier County, Florida is amended as
follows:
Sec. 62-34. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard as identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for Collier County,
Florida, Unincorporated Area," dated JURe 3, 1986 November 17. 2005, with accompanying
flood insurance rate maps, dated June 3, 1986 November 17. 2005, are the basis for
establishing the areas of special flood hazard. The flood insurance study and accompanying
FIRM shall be on file and be open for public inspection in the office of the clerk to the board
of county commissioners located in Building "F," Collier County Courthouse, 3301 Tamiami
Trail, East, Naples, Florida 33962.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds
any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the words "code" or "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION FIVE: Effective Date.
This Ordinance, once filed with the Department of State, Florida, shall become effective on
November 1, 2005.
PASSED AND DUL Y ADOPJ'E~oard of County Commissioners of Collier
County, Florida, this i 7 day of ~ ber , 2005.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: t·· LiLdL. .
FRED W. COYLE, Chair .
Approved as to form and legal sufficiency:
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JE FER-A. BELP~
Assistant County Attorney
This ordinance filed with the
~ef1/'etary of ~ff~ç-
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and aCknoWledgem~~ot
fir 9 r ceived t is ay
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Words strucl: through are deleted, words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2005-51
Which was adopted by the Board of County Commissioners on
the 27th day of September, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
Of October, 2005.
DWIGHT E. BROCK, ".:'.'"
Clerk of courJ'~'I~~"fil1"<;t~~rk
Ex-officio ~')~Oél~d 6f:ø""
~o nty com~. i~':g:'~'j:Ö..' e'r s. .T"t"._
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By: Michell$~Mpr.al~~~
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