Agenda 03/08/2022 Item #17A (Ordinance - Floodplain Management Ordinance)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve ordinance an ordinance amending Ordinance No. 2019-01, as amended, the
Floodplain Management Ordinance, to specify elevation of manufactured homes in flood hazard areas; to
provide criteria for accessory and agricultural structures in flood hazard areas; and other changes.
OBJECTIVE:To amend the County’s Floodplain Management Ordinance to provide criteria for
accessory and agricultural structures in flood hazard areas; to specify elevation of manufactured homes in
flood hazard areas; and other changes.
CONSIDERATIONS:
History of Collier County Flood Ordinance
The Flood Damage Prevention Ordinance was first adopted in 1979 as a requirement to participate in the
Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). Since
that time, the County has amended and updated its Flood Damage Prevention Ordinance to reflect federal,
state and local standards.
On January 8, 2019, the Collier County Board of County Commissioners approved and adopted
Floodplain Management Ordinance No. 2019-01 which incorporates the Model Ordinance from State
Floodplain Management Program of the Division of Emergency Management. This new ordinance
repealed the Flood Damage Prevention Ordinance as such, the model ordinance does not duplicate
regulations established in the Florida Building Code (FBC) but rather provides cross-references to the
applicable FBC sections. Adopting the model ordinance provided the County with the benefit of no
longer being required to amend its ordinance every time the FBC is updated, typically every three years.
Apart from local standards, the model ordinance captures development that is required to be regulated by
the NFIP, but which is not governed by the FBC, such as manufactured homes.
On September 14, 2021, by Ordinance No. 2021-29, the Collier County Board of County Commissioners
approved an amendment to the Floodplain Management Ordinance.
New Criteria for Elevation of Manufactured Homes and CRS
In June 2020, FEMA announced a new prerequisite for Community Rating System (CRS) communities to
obtain or maintain Class 8 or better rating. CRS communities must adopt and enforce at least one -foot of
freeboard elevation requirement for all new residential buildings and substantial improvement and repair
of substantially damaged residential buildings. The requirement applies to manufactured homes,
dwellings, multi-family buildings, machinery, and equipment, and attached garages. If a CRS community
should choose not to adopt these requirements, the community’s CRS ranking will retrograde to a Class 9
ranking. Collier County currently is ranked as a Class 5 community, which offers property owners who
purchase flood insurance a 25% discount on their flood insurance premiums. There are over 60 ,000 flood
insurance policies in force in unincorporated Collier County, yielding $8.2 million in savings within the
community.
Upon adopting the State Model Ordinance in 2019, the Collier County Building Plans Review and
Inspection Division began enforcing the one-foot of freeboard elevation requirement. The Florida
Building Code (Residential) and Collier County Floodplain Management Ordinance require the one-foot
of freeboard elevation for the placement and installation of manufactured homes in flood hazard areas.
The Code of Federal Regulations-44CFR 60.3(c)(12)(ii) enacted in 1976, allows for the placement and
installation of manufactured homes in Pre-FIRM developments (established before the adoption of the
first Collier County Flood Insurance Rate Map) to be elevated only 36 inches above grade. Many
communities in Florida have incorporated this provision into their local floodplain management
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ordinances, including Collier County. Section 15(F)(2) of the ordinance outlines this specification. The
new prerequisite enforcing at least one-foot of freeboard, will require the removal of the 36 inch elevation
above grade provision from the Floodplain Management Ordinance for the County to retain its Class 5
rating. Staff has studied manufactured home installation permitting files submitted to the County over the
past 5 years. This review revealed in that time period, only 3 manufactured home installation permits
utilized the provision. The review indicated the use of the provision has been rare. Staff has
communicated the details of the amendment to local manufactured home installers, noting that this is a
state-wide initiative rather than locally driven.
Criteria for Accessory Structures and Agricultural Structures in Flood Hazard Areas
In February 2020, FEMA released FEMA Policy #104-008-03, a policy defining accessory structures and
agricultural structures and specifying conditions and limitations that must be imposed when communities
allow property owners to build those structures using wet floodproofing tec hniques instead of complying
with the NFIP requirements to elevate or dry floodproof nonresidential structures. The Code of Federal
Regulations-44CFR 60.3(c)(3)(i)(ii) enacted in 1976, requires all new construction and substantial
improvement of non-residential structures in flood hazards have the lowest floor elevated to or above the
base flood elevation, or together with attendant utility and sanitary facilities, be designed so that below
the base flood elevation the structure is watertight with walls substantially impermeable to the passage
and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
Though this requirement has been established for many years, communities nationwide partici pating in
the NFIP have not enforced it. It has been a common practice for communities to allow for the
construction of nonresidential structures below the base flood elevation incorporating wet floodproofing,
rather than complying with the requirements set forth in the Code of Federal Regulations. FEMA Policy
#104-008-03 outlines the requirements communities must adhere to when permitting structures
incorporating wet floodproofing to the building design. Communities must now require the completion of
a variance to allow at-grade wet floodproofed accessory and agricultural structures.
In May of 2021, The Florida State Floodplain Management Office began assisting communities with
amending their local floodplain management ordinances to include these changes. This guidance included
model language and a regulatory process framework the community can implement in response to the
Policy to allow at-grade wet floodproofed accessory structures. The regulatory framework consists of the
issuance of a variance to allow the Policy. The variance process is comprised of a “FEMA Pre-Approved”
and/or “Administrative” variance based on a specific square footage limit only in A zones. Staff has
conducted a detailed analysis on the impacts this new criteria may pose. The analysis did not indicate any
forthcoming hardship to property owners. This new criteria does offer benefits to the property owner.
Structures to be sited at-grade utilizing wet floodproofing will no longer be required to submit an
Elevation Certificate as part of the permitting process.
Other Changes Included in This Amendment
In addition to the new criteria for accessory structures and the elevation requirement for manufactured
homes, this ordinance includes other amendments with the purpose to expand inform ation and/or provide
clarification of provisions contained in the State Model Ordinance. Coastal A zone terminology has been
incorporated into sections of the ordinance that involve construction or development in Special Flood
Hazard Areas (SFHA). In the current ordinance, the Coastal A zone is defined but not included as part of
the criteria for development in the SFHA.
Lastly, the definition of Market Value has been updated to be more consistent with the construction and
real estate industry. The update emphasizes the use of the term Actual Cash Value, which is a more
straightforward approach to determine value, rather than the traditional approach commonly used for sales
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purposes.
The Board of County Commissioners approved the legal advertisement of the proposed ordinance
amendment on January 25, 2022.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. (HFAC)
RECOMMENDATION: To approve an ordinance amending Ordinance No. 2019-01, as amended, the
County’s Floodplain Management Ordinance, to provide criteria for accessory structures and agricultural
structures in flood hazard areas; to specify elevation of manufactured homes in flood hazard areas.
Prepared by: Christopher Mason, CFM, Floodplain Coordinator, Building Plan Review and Inspection
Division
ATTACHMENT(S)
1. FMO Ord Amendment Final - 121721 (PDF)
2. FMO 2019-01 (PDF)
3. legal ad - agenda ID 21176 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 21176
Item Summary: Recommendation to approve an ordinance amending Ordinance No. 2019-01, as
amended, the Floodplain Management Ordinance, to specify elevation of manufactured homes in flood
hazard areas; to provide criteria for accessory and agricultural structures in flood hazard areas; and other
changes.
Meeting Date: 03/08/2022
Prepared by:
Title: – Building Plan Review & Inspections
Name: Christopher Mason
01/27/2022 11:37 AM
Submitted by:
Title: Deputy Department Head - GMD – Growth Management Department
Name: James C French
01/27/2022 11:37 AM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 02/01/2022 8:32 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 02/01/2022 9:14 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 01/28/2022 11:20 AM
Growth Management Department James C French Growth Management Completed 02/05/2022 11:36 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/16/2022 1:44 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/16/2022 2:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2022 2:16 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/24/2022 6:50 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/01/2022 5:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
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ORDINANCE NO. 2019 - 01
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2011-07, AS
AMENDED, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA
MODEL FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Collier County Board of County Commissioners(Board) seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health,welfare and safety of existing and future residents by enacting and enforcing
regulations necessary for the protection of the public including Flood damage prevention
ordinances; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011- 07, which was subsequently amended by Ordinance Nos. 2012-06
and 2012-24, based on the State of Florida Model Flood Damage Prevention Ordinance; and
WHEREAS, the Board desires to replace, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the new
and revised State of Florida Model Floodplain Management Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES.
A. Statutory Authorization. The Legislature of the State of Florida has authorized and
delegated in Chapter 125, Florida Statutes, the responsibility of local government units to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Board of County Commissioners of Collier County does hereby
adopt the following Floodplain management regulations.
B. Findings of Fact.
1) The Flood hazard areas of Collier County are subject to periodic inundation from
intense rain storms and/or tropical cyclone storm surge, which could result in loss
of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for Flood protection and
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relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
2) These Flood losses are caused by the cumulative effect of obstructions in
Floodplains causing increases in Flood heights and velocities, and by the
occupancy in Flood hazard areas by uses vulnerable to Floods or hazardous to other
lands which are inadequately elevated, Flood-proofed or otherwise unprotected
from Flood damages.
C. Statement of Purpose. It is the purpose of this Ordinance to save lives,promote the public
life health, safety and general welfare and minimize public and private losses due to Flood
conditions in specific areas by provisions designed to:
1) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, which result in damaging increases in erosion or in Flood
heights and velocities;
2) Require that uses vulnerable to Floods including facilities which serve such uses
be protected against Flood damage throughout their intended life span;
3) Control the alteration of natural Floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of Flood waters;
4) Control filling, grading, dredging and other Development which may increase
erosion or Flood damage; and
5) Prevent or regulate the construction of Flood barriers which will unnaturally divert
Flood waters or which may increase Flood hazards to other lands.
D. Objectives. The objectives of this Ordinance are to:
1) Protect human life, health and to eliminate or minimize property damage;
2) Minimize expenditure of public money for costly Flood control projects;
3) Minimize the need for rescue and relief efforts associated with Flooding and
generally undertaken at the expense of the general public;
4) Minimize prolonged business interruptions;
5) Minimize damage to public facilities and public utilities such as water and gas
mains, electric, telephone and sewer lines, roadways, and bridges and culverts
located in Floodplains;
6) Maintain a stable tax base by providing for the sound use and Development of
Flood prone areas in such a manner as to minimize Flood blight areas; and
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7) Ensure that potential homebuyers are notified that property is in a Special flood
hazard area.
SECTION 2: DEFINITIONS AND ACRONYMS.
Unless otherwise expressly stated, the following words, terms, and acronyms shall, for the
purposes of this ordinance, have the meanings shown in this section. Where terms are not defined
in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel capacity,
or any other form of modification which may alter, impede, retard or change the direction and/or
velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100 year
flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
Also defined in FBC, B, Section 202.]
Coastal construction control line. The line established by the State of Florida pursuant to section
161.053, F.S., and recorded in the official records of the community, which defines that portion of
the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions.
Coastal A Zone. Area within a special flood hazard area, landward of a Zone V or landward of
an open coast without mapped coastal high hazard areas. The inland limit of the Coastal A Zone
is the Limit of Moderate Wave Action where delineated on the Flood Insurance Rate Map
FIRM).
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Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
high hazard areas subject to high velocity wave action"or"V Zones"and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
Declaration of Land Restriction (Non-conversion Agreement). A form provided by the
Floodplain Administrator to be signed by the owner and recorded in the public records of Collier
County, FL stating the owner agrees to not convert or modify the following 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.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.]
1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any
year; or
2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading,paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the start of
construction commenced before September 4, 1979. [Also defined in FBC, B, Section 202.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before September 4,
1979.
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Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed( including the installation of utilities,the construction of streets, and either
final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.]
1) The overflow of inland or tidal waters.
2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
1) The area within a floodplain subject to a 1-percent or greater chance of flooding in
any year.
2) The area designated as a flood hazard area on the community's flood hazard map,
or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the administration
and enforcement of this ordinance.
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, evidence of this approval
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can be demonstrated by providing an approved local development order,such as site development
plan, construction plans, or building permit, as applicable.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations;the evaluation shall be prepared by a qualified Florida licensed engineer using standard
engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission, as
amended by Collier County, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship
repair facilities; the term does not include long-term storage or related manufacturing facilities.
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 or similar options.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment(LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
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amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is,therefore, no
longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
2) Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
3) Available with special features enabling off-street or off-highway operation and
use.
Limit of Moderate Wave Action (LiMWA). Line shown on FIRMs to indicate the inland limit
of the 1 '/2-foot breaking wave height during the base flood.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such enclosure
is not built so as to render the structure in violation of the non-elevation requirements of the
Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a
copious development of interlacing adventitious roots above ground and which contain one or
more of the following species: Black mangrove (Avicennia germinans); red mangrove
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Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus
erecta).
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference
for establishing varying elevations within the Floodplain. Elevation information based upon
NGVD and used for Floodplain management purposes prior to March 14, 2011, may continue to
be used provided there is also converted elevation information based upon NAVD. After March
14, 2011, all elevation information submitted with a development permit shall utilize NAVD.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the start of
construction commenced on or after September 4, 1979 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after September 4,
1979.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the Floodplain. After March 14, 2011, all elevation
information submitted with a development permit shall utilize NAVD.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in 320.01, F.S.]
811D)
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Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.)
1) Built on a single chassis;
2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3) Designed to be self-propelled or permanently towable by a light-duty truck; and
4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al
A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement,the actual "start of construction"means the first alteration of any wall,
ceiling,floor or other structural part of a building,whether or not that alteration affects the external
dimensions of the building. [Also defined in FBC, B Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before-damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also defined
in FBC, B Section 202.]
Substantial improvement. Any repair,reconstruction,rehabilitation,alteration,addition,or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not,however, include either: [Also
defined in FBC, B, Section 202.]
L,,
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1) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and Notes]
Temporary emergency housing. Typically provided by FEMA or the Florida Division of
Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or
the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida
Division of Emergency Management may provide housing resources via its contractor or other
approved agency such as the U.S. Department of Housing and Urban Development and others to
provide for temporary emergency housing including but not limited to: modular homes, mobile
homes, component homes, cottages, camper trailers, or some other type of temporary living
quarters intended to house displaced residents impacted by a natural or man-made disaster event.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
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.
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
Environmental Resource Permit Information Manual 2014 (amended through August 7, 2016),
Part 111 —References and Design Aids, Section D (Determination of Seasonal High Water Table),
as amended, or other methodology as approved by the Florida Department of Environmental
Protection.
Zone X. The designation used on Flood Insurance Rate Maps to identify areas outside the Special
Flood Hazard Area. No flood elevations or depths are shown in this zone,and mandatory Federal
flood insurance purchase requirements do not apply. Flood insurance is optional and available.
Zone X may be:
Zone X-500 (also known as Zone X Shaded) which represents the area outside of
the 1-percent annual chance Floodplain but within the 0.2-percent annual chance
Floodplain, and
Zone X (also known as Zone X Unshaded) which represents the area outside of the
0.2-percent annual chance Floodplain.
10 c,to
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ACRONYMS.
ASCE American Society of Civil Engineers
BFE Base flood elevation
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FIS Flood Insurance Study
NAVD North American Vertical Datum
NFIP National Flood Insurance Program
NGVD National Geodetic Vertical Datum
WSWT Wet season water table
SECTION 3: ADMINISTRATION - GENERAL.
A. Title. These regulations shall be known as the Floodplain Management Ordinance of
Collier County, Florida.
B. Scope. The provisions of this ordinance shall apply to all development that is wholly
within or partially within any flood hazard area, including but not limited to the
subdivision of land; filling, grading, and other site improvements and utility installations;
construction, alteration, remodeling, enlargement, improvement, replacement, repair,
relocation or demolition of buildings, structures, and facilities that are exempt from the
Florida Building Code; placement, installation, or replacement of manufactured homes
and manufactured buildings; installation or replacement of tanks; placement of
recreational vehicles; installation of swimming pools; and any other development. 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 4, C of this ordinance.
C. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety,and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
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4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
5) Minimize damage to public and private facilities and utilities;
6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with The Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
E. Warning. The degree of flood protection required by this ordinance and the Florida
Building Code, as amended by this community, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by manmade or natural causes.
This ordinance does not imply that land outside of mapped special flood hazard areas, or
that uses permitted within such flood hazard areas, will be free from flooding or flood
damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of
Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal
Emergency Management Agency, requiring this community to revise these regulations to
remain eligible for participation in the National Flood Insurance Program. No guaranty of
vested use, existing use, or future use is implied or expressed by compliance with this
ordinance.
F. Disclaimer of Liability. This ordinance shall not create liability on the part of the Board
of County Commissioners of Collier County, Florida or by any officer or employee thereof
for any flood damage that results from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 4: APPLICABILITY.
A. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
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B. Areas to Which This Ordinance Applies. This ordinance shall apply to all flood hazard
areas within the unincorporated Collier County, as established in Section 4, C of this
ordinance. Additionally, the requirements for establishing minimum floor elevations shall
be applicable for all areas identified as Zone X and X 500.
C. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for Collier
County, Florida and Incorporated Areas dated May 16, 2012, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM),
and all subsequent amendments and revisions to such maps, are adopted by reference as a
part of this ordinance and shall serve as the minimum basis for establishing flood hazard
areas. Studies and maps that establish flood hazard areas are on file at the office of the
Clerk to the Board of County Commissioners located at the County Government Center,
3299 Tamiami Trail East, Bldg. F, 4th Floor,Naples, FL 34112.
D. Submission of Additional Data To Establish Flood Hazard Areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 7 of this ordinance the
Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the community indicates that ground elevations:
1) Are below the closest applicable base flood elevation, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered as flood
hazard area and subject to the requirements of this ordinance and, as applicable,
the requirements of the Florida Building Code.
2) Are above the closest applicable base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter of Map Change
that removes the area from the special flood hazard area.
E. Other Laws. The provisions of this ordinance shall not be deemed to nullify any
provisions of local, state or federal law.
F. Abrogation and Greater Restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, stormwater management regulations, or the Florida
Building Code. In the event of a conflict between this ordinance and any other ordinance,
the more restrictive shall govern. This ordinance shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be governed
by this ordinance.
G. Interpretation. In the interpretation and application of this ordinance, all provisions shall
be:
1) Considered as minimum requirements;
2) Liberally construed in favor of the governing body; and
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3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 5: DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
A. Designation. The County Manager or designee is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain
duties to other employees.
B. 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 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 Section 9 of this ordinance.
C. Duties of The Floodplain Administrator. The Floodplain Administrator, in
coordination with other pertinent offices of the community, shall:
1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this ordinance;
3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination
shall have the opportunity to appeal the interpretation;
4) Provide available flood elevation and flood hazard information;
5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
6) Review applications to determine whether proposed development will be
reasonably safe from flooding;
7) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
8) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary
to maintain the Flood Insurance Rate Maps if the analyses propose to change base
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flood elevations, flood hazard area boundaries, or floodway designations; such
submissions shall be made within 6 months of such data becoming available;
9) Issue floodplain development permits or approvals for development other than
buildings and structures that are subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code, when
compliance with this ordinance is demonstrated,or disapprove the same in the event
of noncompliance;
10) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this ordinance;
11) Review required design certifications and documentation of elevations specified by
this ordinance and the Florida Building Code and this ordinance to determine that
such certifications and documentations are complete;
12) Establish, in coordination with the Building Official, procedures for administering
and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 5, D of this ordinance;
13) Advise applicants for new buildings and structures, including substantial
improvements,that are located in any unit of the Coastal Barrier Resources System
established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is
not available on such construction; areas subject to this limitation are identified on
Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and
Otherwise Protected Areas"; and
14) Notify the Federal Emergency Management Agency when the corporate boundaries
of unincorporated Collier County, Florida are modified.
D. Substantial Improvement and Substantial Damage Determinations. For applications
for building permits to improve buildings, structures, and 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;
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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
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 process established in the
Administrative Code for Land Development. Subsequent appeals shall be
processed in accordance with Section 9 of this ordinance.
E. Modifications of The Strict Application of The Requirements of The Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood
resistant construction requirements of the Florida Building Code to determine whether
such requests require the granting of a variance pursuant to Section 9 of this ordinance.
F. Notices and Orders. The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure compliance with
this ordinance.
G. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 8 of this ordinance for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
H. Floodplain Management Records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary
for the administration of this ordinance and the flood resistant construction requirements
of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map
Change; records of issuance of permits and denial of permits; determinations of whether
proposed work constitutes substantial improvement or repair of substantial damage;
required design certifications and documentation of elevations specified by the Florida
Building Code and this ordinance; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurances that the flood carrying capacity of
altered watercourses will be maintained;documentation related to appeals and variances,
including justification for issuance or denial; and records of enforcement actions taken
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pursuant to this ordinance and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at the Growth
Management Division-Planning and Regulation, 2800 North Horseshoe Drive,Naples, FL
34104.
SECTION 6: PERMITS.
A. Permits Required. Any owner or owner's authorized agent (hereinafter"applicant") who
intends to undertake any development activity within the scope of this ordinance,including
buildings, structures and facilities exempt from the Florida Building Code,which is wholly
within or partially within any flood hazard area shall first make application to the
Floodplain Administrator, and the Building Official if applicable, and shall obtain the
required permit(s) and approval(s). No such permit or approval shall be issued until
compliance with the requirements of this ordinance and all other applicable codes and
regulations has been satisfied.
B. Floodplain Development Permits or Approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject
to the requirements of the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code. Depending on the nature and extent of
proposed development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is required in addition to
a building permit.
C. Buildings, Structures and Facilities Exempt from The Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are
exempt from the Florida Building Code and any further exemptions provided by law,
which are subject to the requirements of this ordinance:
1) Railroads and ancillary facilities associated with the railroad.
2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
3) Temporary buildings or sheds used exclusively for construction purposes.
4) Mobile or modular structures used as temporary offices.
5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,
which are directly involved in the generation, transmission, or distribution of
electricity.
6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term"chickee" means an
open-sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
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7) Family mausoleums not exceeding 250 square feet in area which are prefabricated
and assembled on site or preassembled and delivered on site and have walls, roofs,
and a floor constructed of granite, marble, or reinforced concrete.
8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
9) Structures identified in section 553.73(10)(k),F.S.,are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on
Flood Insurance Rate Maps
D. 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:
1) Identify and describe the development to be covered by the permit or approval.
2) 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.
3) Indicate the use and occupancy for which the proposed development is intended.
4) Be accompanied by a site plan or construction documents as specified in Section 7
of this ordinance.
5) State the valuation of the proposed work.
6) Be signed by the applicant or the applicant's authorized agent.
7) Give such other data and information as required by the Floodplain
Administrator.
8) A signed Declaration of Land Restriction (Non-conversion Agreement) shall be
recorded in the public records of Collier County, FL 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 grade 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.
E. Validity of Permit or Approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval
of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of
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this community. The issuance of permits based on submitted applications, construction
documents, and information shall not prevent the Floodplain Administrator from
requiring the correction of errors and omissions.
F. Expiration. A floodplain development permit or approval shall become invalid unless
the work authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in
writing and justifiable cause shall be demonstrated.
G. Suspension or Revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error,
on the basis of incorrect, inaccurate or incomplete information, or in violation of this
ordinance or any other ordinance, regulation or requirement of this community.
H. Other Permits Required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
1) The South Florida Water Management District; section 373.036, F.S.
2) Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, F.S. and Chapter 64E-6, F.A.C.
3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.041, F.S.
4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, F.S.
5) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
6) Federal permits and approvals.
SECTION 7: SITE PLANS AND CONSTRUCTION DOCUMENTS.
A. Information for Development in Flood Hazard Areas. The Floodplain Administrator
is authorized to waive the submission of site plans, construction documents, and other data
that are required by this ordinance but that are not required to be prepared by a registered
design professional if it is found that the nature of the proposed development is such that
the review of such submissions is not necessary to ascertain compliance with this
ordinance. The site plan or construction documents for any development subject to the
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requirements of this ordinance shall be drawn to scale and shall include, as applicable to
the proposed development:
1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
flood elevation(s), and ground elevations if necessary for review of the proposed
development.
2) Where base flood elevations, or floodway data are not included on the FIRM or
in the Flood Insurance Study,they shall be established in accordance with Section
7, B (2) or (3) of this ordinance.
3) Where the parcel on which the proposed development will take place will have
more than 50 lots or is larger than 5 acres and the base flood elevations are not
included on the FIRM or in the Flood Insurance Study, such elevations shall be
established in accordance with Section 7, B (1) of this ordinance.
4) Location of the proposed activity and proposed structures,and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be
located landward of the reach of mean high tide.
5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
6) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the
fill areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
7) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
8) Extent of any proposed alteration of sand dunes or mangrove stands,provided such
alteration is approved by the Florida Department of Environmental Protection.
9) Existing and proposed alignment of any proposed alteration of a watercourse.
B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation
data have not been provided, the Floodplain Administrator shall:
1) Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices.
2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
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obtain and use base flood elevation and floodway data available from a federal or
state agency or other source.
3) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to
not reasonably reflect flooding conditions, or where the available data are known
to be scientifically or technically incorrect or otherwise inadequate:
a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
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. 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.
4) Where the base flood elevation data are to be used to support a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a
Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
C. Additional Analyses and Certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
1) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations;where
the applicant proposes to undertake development activities that do increase base
flood elevations, the applicant shall submit such analysis to FEMA as specified in
Section 7, D of this ordinance and shall submit the Conditional Letter of Map
Revision, if issued by FEMA, with the site plan and construction documents.
2) For development activities proposed to be located in a riverine flood hazard area
for which base flood elevations are included in the Flood Insurance Study or on
the FIRM and floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed development,
when combined with all other existing and anticipated flood hazard area
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encroachments, will not increase the base flood elevation more than one (1) foot
at any point within the community. This requirement does not apply in isolated
flood hazard areas not connected to a riverine flood hazard area or in flood
hazard areas identified as Zone AO or Zone AH.
3) For alteration of a watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood-carrying
capacity of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be maintained in a
manner which preserves the channel's flood-carrying capacity; the applicant shall
submit the analysis to FEMA as specified in Section 7, D of this ordinance.
4) For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
D. Submission of Additional Data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a Letter of Map Change from FEMA to change the
base flood elevations, change floodway boundaries, or change boundaries of flood
hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The
analyses shall be prepared by a Florida licensed engineer in a format required by FEMA.
Submittal requirements and processing fees shall be the responsibility of the applicant.
SECTION 8: INSPECTIONS.
A. General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
B. Development Other Than Buildings and Structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this
ordinance and the conditions of issued floodplain development permits or approvals.
C. Buildings, Structures and Facilities Exempt from The Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from
the Florida Building Code to determine compliance with the requirements of this
ordinance and the conditions of issued floodplain development permits or approvals.
D. Buildings, Structures and Facilities Exempt from The Florida Building Code,Lowest
Floor Inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the
Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain
Administrator:
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1) If a design flood elevation was used to determine the required elevation of the
lowest floor, the certification of elevation of the lowest floor prepared and sealed
by a Florida licensed professional surveyor; or
2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 7, B(3)(b) of this ordinance, the
documentation of height of the lowest floor above highest adjacent grade,
prepared by the owner or the owner's authorized agent.
E. Buildings, Structures and Facilities Exempt from The Florida Building Code, Final
Inspection. As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest
floor or final documentation of the height of the lowest floor above the highest adjacent
grade; such certifications and documentations shall be prepared as specified in Section 8,
D of this ordinance.
F. Manufactured Homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with
the requirements of this ordinance and the conditions of the issued permit. Upon placement
of a manufactured home, certification of the elevation of the lowest floor shall be
submitted to the Floodplain Administrator.
SECTION 9: VARIANCES AND APPEALS.
A. Variances and appeals; In General. Requests for variances and requests for appeals
shall be processed in accordance with this section. Requests for variances and appeals
shall be accompanied with the fee specified in the Growth Management Department,
Development Services Fee Schedule.
1) The Office of the Hearing Examiner (or whomever is appointed by the Board of
County Commissioners) shall hear requests for variances from the strict
application of requirements of this ordinance and which are not requirements of the
Florida Building Code, in accordance with Land Development Code section
10.09.00.
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 requirements of the Florida
Building Code. This section does not apply to Section 3109 of the Florida
Building Code, Building.
B. Limitations on Authority to Grant Variances. The Office of the Hearing Examiner (or
whomever is appointed by the Board of County Commissioners)shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for
issuance in Section 9, F of this ordinance, the conditions of issuance set forth in Section 9,
G of this ordinance, and the comments and recommendations of the Floodplain
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Administrator and the Building Official. The Office of the Hearing Examiner (or
whomever is appointed by the Board of County Commissioners) has the right to attach
such conditions as it deems necessary to further the purposes and objectives of this
ordinance.
C. Restrictions in Floodways. A variance shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result, as evidenced by the
applicable analyses and certifications required in Section 7, C of this ordinance.
D. Historic Buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 12 Historic Buildings, upon a determination that the proposed repair,
improvement, or rehabilitation will not preclude the building's continued designation as a
historic building and the variance is the minimum necessary to preserve the historic
character and design of the building. If the proposed work precludes the building's
continued designation as a historic building, a variance shall not be granted and the
building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
E. Functionally Dependent Uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use,
as defined in this ordinance, provided the variance meets the requirements of Section 9, C
of this ordinance, is the minimum necessary considering the flood hazard, and all due
consideration has been given to use of methods and materials that minimize flood damage
during occurrence of the base flood.
F. Considerations for Issuance of Variances. In making a determination under Section 9,
G of this ordinance, the Office of the Hearing Examiner(or whomever is appointed by the
Board of County Commissioners) shall consider all technical evaluations, all relevant
factors, all other applicable provisions of the Florida Building Code, this ordinance, and
the following:
1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
2) The danger to life and property due to flooding or erosion damage;
3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
4) The importance of the services provided by the proposed development to the
community;
5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
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6) The compatibility of the proposed development with existing and anticipated
development;
7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected
at the site; and
10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, streets and bridges.
G. Conditions for Issuance of Variances. Variances shall be issued only upon:
1) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this ordinance or the required elevation standards;
2) Determination by the Office of the Hearing Examiner (or whomever is appointed
by the Board of County Commissioners) that:
a) Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not
constitute hardship;
b) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with
existing local laws and ordinances; and
c) The variance is the minimum necessary, considering the flood hazard, to
afford relief;
1) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears
in the chain of title of the affected parcel of land; and
2) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation,
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a copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting from
the reduced floor elevation (up to amounts as high as $25 for $100 of insurance
coverage), and stating that construction below the base flood elevation increases
risks to life and property.
H. Requests for Appeals. The Office of the Hearing Examiner (or whomever is appointed
by the Board of County Commissioners) 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.
Process for Decisions and Appeal of Decisions of the Office of the Hearing Examiner.
All decisions of the Hearing Examiner arising from Section 9 of this ordinance will be
delivered or mailed by the Hearing Examiner to all parties of record, the County Attorney,
and the County Manager. Any party, including the County, may appeal the decision to the
Board of Zoning Appeals within the time frame and in the manner provided by the Rules
of Procedure, as described in Ordinance No. 2013-25, Section 4. Failing a timely appeal,
the decision of the Hearing Examiner will be considered final in all respects. Appeals shall
be heard de novo by the Board of Zoning Appeals in the manner proscribed in the LDC. In
reaching its decision,the Board of Zoning Appeals may adopt or deny, in whole or in part,
the decision of the Hearing Examiner.
SECTION 10: VIOLATIONS.
A. Violations. Any development that is not within the scope of the Florida Building Code
but that is regulated by this ordinance that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this ordinance, shall be
deemed a violation of this ordinance. A building or structure without the documentation
of elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this ordinance or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code
but that is regulated by this ordinance and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work orders
to owners of the property involved, to the owner's agent, or to the person or persons
performing the work.
C. Unlawful Continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject
to penalties as prescribed in the Collier County Consolidated Code Enforcement Ordinance
as it may be amended or replaced.
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SECTION 11: TEMPORARY EMERGENCY HOUSING.
A. 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, in consultation
with the Emergency Management Director and the Floodplain Administrator, is
authorized to allow for temporary emergency housing in the special flood hazard area.
B. 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 federal, state,
and local agencies 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.
C. Temporary Emergency Housing Prohibitions. Temporary emergency housing shall
not be located in the VE or the Coastal A flood zones.
D. Installation Standards. Manufactured homes shall be placed in a manner consistent
with Section 15 of this ordinance. Recreational vehicles or similar road ready vehicles
shall comply with the requirements of Section 16 of this ordinance.
E. 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 Division of Emergency Management.
F. Permit for the Temporary Placement of Emergency Housing. Prior to the placement
of all temporary emergency housing in the special flood hazard area,the applicant shall
be required to submit a temporary permit application to the Floodplain Administrator
affirming that the structure is in compliance with this Section and 44 CFR 60.3 ( e).
G. Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this section
shall be consistent with Ordinance No. 2006-35, Section 7.
SECTION 12: BUILDINGS AND STRUCTURES.
A. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 6, C of this ordinance, buildings, structures,
and facilities that are exempt from the Florida Building Code, including substantial
improvement or repair of substantial damage of such buildings, structures and facilities,
shall be designed and constructed in accordance with the flood load and flood resistant
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construction requirements of ASCE 24. Structures exempt from the Florida Building Code
that are not walled and roofed buildings shall comply with the requirements of Section 18
of this ordinance.
B. 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 the minimum necessary to allow for:
a.) Parking of vehicles (garage doors);
b.) Limited storage of maintenance equipment used in connection with the
premises (standard exterior door not to exceed 3.0 ft. by 8.0 ft.);
c.) Main entrance to the structure (one double door set).
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 6, D (8) of this ordinance, regarding a Declaration of Land Restriction
Non-conversion agreement).
C. 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.
D. Design and construction of nonresidential farm buildings on farms. Pursuant to
Section 6, C 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
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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 Section 18 of
this ordinance.
E. 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, new or replacement of
permanently-mounted air-conditioners and exterior mechanical equipment shall be
elevated to or above the BFE or the lowest floor elevation of the building served,
whichever is lower. When not part of substantial improvement or repair of substantial
damage,new or replacement generators 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.
F. 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.
G. Buildings and structures seaward of the coastal construction control line. If extending,
in whole or in part, seaward of the coastal construction control line and also located, in
whole or in part, in a flood hazard area:
1) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building
Section 3109 and Section 1612 or Florida Building Code, Residential Section
R322.
2) Minor structures and non-habitable major structures as defined in section 161.54,
F.S., shall be designed and constructed to comply with the intent and applicable
provisions of this ordinance and ASCE 24.
H. Lowest floor elevation requirements for residential buildings. The area below the lowest
floor shall be limited to storage, access, and parking.
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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 Section 12, I
of this ordinance, as applicable.
2) All residential buildings not subject to Section 12, H (1) of this ordinance and
located in a flood hazard area,Zone X-500, or 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 roadway system. In the event
that the nearest street or interior finished roadway system is located on an
evacuation route, the residential building may be elevated a minimum of 18
inches above the crown of the nearest side street just beyond the beginning
of the vertical transition for the elevation connection to the evacuation route.
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.) Garages for residential buildings shall have the lowest slab at or above the
crown of the nearest street and shall meet one of the following: (1) be
elevated at or above the base flood elevation, or(2)if using flood openings,
the flood openings shall be installed so that the entire opening is below the
base flood elevation and shall be no higher than one foot above grade. See
FEMA Technical Bulletin 1, as amended, for additional information.
d.) Lanais for residential buildings shall have the lowest slab at or above the
crown of the nearest street. See Section 12, C of this ordinance for detached
structures.
e.) On parcels where unusual topographic conditions exist and the standard
conditions established in Section 12, H (2)(a.),(b.),(c),(d) of this ordinance
cannot be reasonably applied, the Building Official shall consider requests
to decrease the lowest floor elevation.All requests shall 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.
Buildings and structures removed from the special flood hazard area. Buildings and
structures removed 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
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grade of a building or structure must be at or above the base flood elevation as established
on the Digital Flood Insurance Rate Map.
SECTION 13: SUBDIVISIONS.
A. 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 7, B 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 Section 14 of this ordinance are
satisfied.
SECTION 14: SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS.
A. Minimum Requirements. All proposed new development 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) 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
1) 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.
B. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants(including all pumping stations and collector systems), and on-site
waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7
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to minimize or eliminate infiltration of floodwaters into the facilities and discharge from
the facilities into flood waters, and impairment of the facilities and systems.
C. Water Supply Facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into
the systems.
D. Limitations on Sites in Regulatory Floodways. No development, including but not
limited to site improvements, and land disturbing activity involving fill or regrading, shall
be authorized in the regulatory floodway unless the floodway encroachment analysis
required in Section 7, C (1) of this ordinance demonstrates that the proposed development
or land disturbing activity will not result in any increase in the base flood elevation.
E. Limitations on Placement of Fill. Subject to the limitations of this ordinance, fill shall
be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related
erosion and scour. In addition to these requirements, if intended to support buildings and
structures (Zone A only), fill shall comply with the requirements of the Florida Building
Code.
F. Limitations on Sites in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only if
the engineering analysis required by Section 7, C (4) of this ordinance demonstrates that
the proposed alteration will not increase the potential for flood damage. Construction or
restoration of dunes under or around elevated buildings and structures shall comply with
Section 18, H (3) of this ordinance.
SECTION 15: MANUFACTURED HOMES.
A. General. All manufactured homes installed in flood hazard areas shall be installed by
an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall comply
with the more restrictive of the applicable requirements.
B. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent foundations that:
1) In flood hazard areas (Zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this ordinance. Foundations for
manufactured homes subject to Section 15, F of this ordinance are permitted to be
reinforced piers or other foundation elements of at least equivalent strength.
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2) In coastal high hazard areas (Zone V), are designed in accordance with the
foundation requirements of the Florida Building Code,Residential Section R322.3
and this ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall
be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation,collapse
or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-
top or frame ties to ground anchors. This anchoring requirement is in addition to applicable
state and local anchoring requirements for wind resistance.
D. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall comply with Section 15, E or 15, F of this ordinance, as applicable.
E. General Elevation Requirement. Unless subject to the requirements of Section 15, F 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).
F. Elevation Requirement for Certain Existing Manufactured Home Parks and
Subdivisions. Manufactured homes that are not subject to Section 15, E 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.
G. 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.
H. 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-
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mounted air conditioning equipment, generators, and exterior mechanical equipment shall
comply with Section 12, E of this ordinance.
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 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, in place at the time of
assembly.
SECTION 16: RECREATIONAL VEHICLES AND PARK TRAILERS.
A. Temporary Placement. Recreational vehicles and park trailers placed temporarily in
flood hazard areas shall:
1) Be on the site for fewer than 180 consecutive days; or
2) Be fully licensed and ready for highway use,which means the recreational vehicle
or park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments
such as additions, rooms, stairs, decks and porches.
B. Permanent Placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 16, A of this ordinance for temporary placement shall meet the
requirements of Section 15 of this ordinance for manufactured homes.
SECTION 17: TANKS.
A. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
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B. Above-Ground Tanks,Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 17, C of this ordinance shall:
1) Be permitted in flood hazard areas ( Zone A) other than coastal high
hazard areas, provided the tanks are anchored or otherwise designed and
constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects of
flood-borne debris.
2) Not be permitted in coastal high hazard areas (Zone V).
C. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure that
is designed to prevent flotation, collapse or lateral movement during conditions of the
design flood. Tank-supporting structures shall meet the foundation requirements of the
applicable flood hazard area.
D. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions
of the design flood; and
2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
SECTION 18: OTHER DEVELOPMENT.
A. General Requirements for Other Development. All development, including man-
made changes to improved or unimproved real estate for which specific provisions are
not specified in this ordinance or the Florida Building Code, shall:
1) Be located and constructed to minimize flood damage;
2) Meet the limitations of Section 14, D of this ordinance if located in a regulated
floodway;
3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
4) Be constructed of flood damage-resistant materials; and
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5) Have mechanical,plumbing,and electrical systems above the base flood elevation,
except that minimum electric service required to address life safety and electric
code requirements is permitted below the base flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
B. Fences in Regulated Floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall
meet the limitations of Section 14, D of this ordinance.
C. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of Section 14, D of this ordinance.
D. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Section 14, D of this
ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall
meet the requirements of Section 7, C (3) of this ordinance.
E. Concrete Slabs Used as Parking Pads,Enclosure Floors,Landings,Decks,Walkways,
Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In
coastal high hazard areas, concrete slabs used as parking pads,enclosure floors,landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent
to buildings and structures provided the concrete slabs are designed and constructed to be:
1) Structurally independent of the foundation system of the building or structure;
2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
3) Have a maximum slab thickness of not more than four(4) inches.
F. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the
requirements of the Florida Building Code,in coastal high hazard areas decks and patios
shall be located, designed, and constructed in compliance with the following:
1) A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the design flood elevation
and any supporting members that extend below the design flood elevation shall
comply with the foundation requirements that apply to the building or structure,
which shall be designed to accommodate any increased loads resulting from the
attached deck.
2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
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conditions or to break apart into small pieces to minimize debris during flooding
that is capable of causing structural damage to the building or structure or to
adjacent buildings and structures.
3) A deck or patio that has a vertical thickness of more than twelve (12)inches or that
is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified registered
design professional demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to the building or structure
or to adjacent buildings and structures.
4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave runup and wave reflection.
G. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only
if also authorized by the appropriate federal, state or local authority; if located outside the
footprint of, and not structurally attached to, buildings and structures; and if analyses
prepared by qualified registered design professionals demonstrate no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage to adjacent
buildings and structures. Such other development activities include but are not limited to:
1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
2) Solid fences and privacy walls, and fences prone to trapping debris,unless designed
and constructed to fail under flood conditions less than the design flood or
otherwise function to avoid obstruction of floodwaters; and
1) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as
filled systems or mound systems.
H. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas:
1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings
and structures.
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3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
SECTION 19: APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated
areas of Collier County. This ordinance shall apply to all applications for development, including
building permit applications and subdivision proposals, submitted on or after the effective date of
this ordinance.
SECTION 20: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 21: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION 22: REPEAL OF ORDINANCE NO. 2011-07, AS AMENDED.
This Ordinance hereby repeals all portions of Ordinance No. 2011-07 and all amendments thereto.
SECTION 23: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this +qday of jr_Nau 2019.
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u' Zrj
ATTEST: \ BOARD OF ! . 0
CRYSTAL K KINZLCLERK COLLIE' C•I TY, FL•
Ilio,
PRS
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By: 10 b: 9A ilir By:
Attest as t4 Chairman's a ' ty 1 W. L. Daniel,Jr., 4.
Signature only.Chair Tan
Approved as to fo and lega ity:
1.
Scott A. Stone
1149/).6
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office Lite
G1 Jctn1zt *-41.1_.
doy of ---
and
acknowledgementf
that
received t -day
fifirtg
of,
By duty
39 cp.°
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afloixto,s
f}
t
FLORIDA DEPARTMENT Of STATE
RON DESANTIS MICHAEL ERTEL
Governor Secretary of State
January 10, 2019
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-01, which was filed in this office on January 10,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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