Agenda 03/26/2024 Item #17F (Ordinance - Amending the Collier County Code of Laws and Ordinance to update temporary emergency housing and floodplain development regulations)03/26/2024
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending the Collier County Code of Laws and Ordinances to
update temporary emergency housing and floodplain development regulations. (Companion item to 17E)
OBJECTIVE: To amend the Collier County Code of Laws and Ordinances to update temporary housing and
floodplain development regulations.
CONSIDERATIONS: In 1979, the County adopted its first comprehensive flood damage prevention regulations
for the purpose of minimizing public and private losses due to flood conditions. The ordinance (i.e., Ordinance 79-
62) included new methods and provisions related to the following:
1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards, which result in damaging increases in erosion or flood heights or velocities.
2. Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected
against flood damage at the time of initial construction.
3. Controlling the alternation of natural flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters.
4. Controlling filling, grading, dredging, and other development that may increase flood damage.
5. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters,
which may increase flood hazards in other areas.
Another reason the County adopted Ordinance 79-62 was to ensure requisite eligibility for participating in the
National Flood Insurance Program (NFIP), a federal insurance initiative administered by the Federal Emergency
Management Agency (FEMA). Since 1979, the County has amended and updated its flood damage prevention
regulations multiple times to reflect federal, state, and local standards. The most recent change occurred in 2019
when the Board desired to adopt regulations and policies consistent with the State of Florida Model Floodplain
Management Ordinance. A flood expert was hired by the Florida Division of Emergency Management (FDEM) to
assist jurisdictions throughout Florida with adopting local provisions that were modeled on the State’s model
ordinance. Staff collaborated with the State’s consultant so that local standards were integrated into the
development of Ordinance 2019-01.
In 2021, RCQuinn Consulting, Inc., a consultant working on behalf of the FDEM, contacted the County regarding
the County’s floodplain provisions in the LDC and advised staff to remove any provisions that were either
duplicative or in conflict with the flood damage prevention provisions in Chapter 62 of the Code of Laws and
Ordinance. This effort to remove flood-related provisions from the LDC is reflected in a proposed LDC amendment
that is scheduled for BCC review on February 27, 2024 (Accela item #27717 - Adoption of LDC Amendment)
because the Code of Laws and Ordinances is acknowledged as the main repository for “flood” regulations.
Specifically, Chapter 62 of the Code of Laws and Ordinances addresses the definition “Flood Elevation
Determination,” the inclusion of the Collier County Coastal Flood Map adoption date (February 8, 2024), and
regulations pertaining to the limitations of placement of fill -in the floodplain. This item will also address Chapter
38 of the Code of Laws requiring the placement of recreational vehicles or travel trailers only on properties where
damage has rendered the principal residence uninhabitable. Chapter 38 and Chapter 62 of the Code of Laws address
temporary emergency housing provisions in the wake of an emergency condition d ue to a natural or man-made
disaster. More specifically, Chapter 38 outlines the requirement of the principal residence to be deemed
uninhabitable from the emergency condition to utilize temporary housing in the form of recreational vehicles or
travel trailers on the subject property in which the principal residence is located. Chapter 62 contains similar
language regarding utilizing temporary housing during an emergency event. However, within Chapter 62, no
specific language states that the primary residence must be deemed uninhabitable to utilize temporary housing in
the form of recreational vehicles or travel trailers. The intent of this ordinance change is to clarify what
requirements must be met in order to apply for the temporary housing provisions con tained in Chapters 38 and 62
of the Code of Laws.
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FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an
ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008. Funds are
available within the General Fund (0001), Community Planning and Resiliency Cost Center (138310).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for
adoption (HFAC).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: Recommendation to approve an Ordinance amending the Collier County Code of Laws
and Ordinances to update temporary emergency housing and floodplain development regulations.
Prepared by: Christopher Mason, CFM, Director of Community Planning and Resiliency.
ATTACHMENT(S)
1. CoLao (01-08-2024) (PDF)
2. Ordinance 011124 Code of Laws (PDF)
3. Business_Impact_Estimate-Collier County - CH 62 LDC Flood Provision Amendment (PDF)
4. legal ad - agenda ID 27912 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 27912
Item Summary: Recommendation to approve an Ordinance amending the Collier County Code of Laws and
Ordinances to update temporary emergency housing and floodplain development regulations. (Companion item to
17E)
Meeting Date: 03/26/2024
Prepared by:
Title: – Building Plan Review & Inspections
Name: Christopher Mason
02/07/2024 10:22 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
02/07/2024 10:22 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 02/07/2024 10:23 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/21/2024 5:18 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
02/26/2024 9:09 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/27/2024 4:37 PM
Unknown Jaime Cook Additional Reviewer Completed 02/29/2024 10:08 AM
Growth Management Community Development Department James C French Growth Management Completed
03/04/2024 2:38 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/11/2024 12:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2024 12:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/11/2024 1:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/14/2024 1:59 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/20/2024 4:48 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM
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Amend the Code of Laws and Ordinances as follows:
1
Chapter 38 – CIVIL EMERGENCIES 2
3
ARTICLE I. - POST -DISASTER RECOVERY 4
5
* * * * * * * * * * * * * 6
7
Sec. 38-7. - Determination of damage, buildback policy, moratoria, emergency repairs, and 8
emergency permitting system. 9
10
* * * * * * * * * * * * * 11
12
(c) To expedite recovery efforts and repair to damaged structures, the Emergency Review 13
Board is further authorized to: 14
15
(1) Allow the temporary use of recreational vehicles for living purposes on property , 16
including within special flood hazard areas pursuant to Sec. 62-79.B., where 17
damage has rendered the principal residence uninhabitable for a period of six 18
months after the disaster event. Additional six-month extensions for the temporary 19
use of recreational vehicles may be administratively approved, by the County 20
Manager or designee, when: 21
22
a. A homeowner has an active building permit and additional time is 23
necessary for an issuance of the certificate of occupa ncy; and 24
25
b. Any delay in construction activity has not been caused by action of the 26
homeowner and is the result of an uncontrollable event such as unavailable 27
construction materials, subcontractors, or essential services. 28
29
* * * * * * * * * * * * * 30
31
Chapter 62 – FLOODS 32
33
* * * * * * * * * * * * * 34
35
ARTICLE II. - FLOODPLAIN MANAGEMENT 36
37
* * * * * * * * * * * * * 38
39
DIVISION 2. - DEFINITIONS AND ACRONYMS 40
41
Sec. 62-51. - Definitions. 42
43
Unless otherwise expressly stated, the following words, terms, and acronyms shall, for the 44
purposes of this ordinance, have the meanings shown in this section. Where terms are not defined 45
in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings 46
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building 47
Code, such terms shall have ordinarily accepted meanings such as the context implies. 48
49
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* * * * * * * * * * * * * 1
2
Flood damage-resistant materials. Any construction material capable of withstanding 3
direct and prolonged contact with floodwaters without sustaining any damage that requires more 4
than cosmetic repair. [Also defined in FBC, B, Section 202.] 5
6
Flood elevation determination. A determination by the County Manager or designee of 7
the water surface elevations of the base flood, that is, the flood level that has a one percent or 8
greater chance of occurrence in any given year. 9
10
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 11
202.] 12
13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
DIVISION 3. - ADMINISTRATION AND GENERAL PROVISIONS. 17
18
* * * * * * * * * * * * * 19
20
Sec. 62-72. - Applicability. 21
22
A. General. Where there is a conflict between a general requirement and a specific 23
requirement, the specific requirement shall be applicable. 24
25
B. Areas to Which This Ordinance Applies. This ordinance shall apply to all flood hazard 26
areas within the unincorporated Collier County, as established in Section 4, C (§ 62 -72.C) 27
of this ordinance. Additionally, the requirements for establishing minimum floor elevations 28
shall be applicable for all areas identified as Zone X and X -500. 29
30
C. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for Collier County, 31
Florida and Incorporated Areas dated February 8, 2024 May 16, 2012, and all subsequent 32
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), 33
and all subsequent amendments and revisions to such maps, are adopted by reference 34
as a part of this ordinance and shall serve as the minimum basis for establishing flood 35
hazard areas. Studies and maps that establish flood hazard areas are on file at the off ice 36
of the Clerk to the Board of County Commissioners located at the County Government 37
Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL 34112. 38
39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
Sec. 62-73. - Duties and powers of the floodplain administrator. 43
44
* * * * * * * * * * * * * 45
46
C. Duties of the Floodplain Administrator. The Floodplain Administrator, in coordination with 47
other pertinent offices of the community, shall: 48
49
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(1) Review applications and plans to determine whether proposed new development 1
will be located in flood hazard areas; 2
3
(2) Review applications for modification of any existing development in flood hazard 4
areas for compliance with the requirements of this ordinance; 5
6
(3) Interpret flood hazard area boundaries where such interpretation is necessary to 7
determine the exact location of boundaries; a person contesting the determination 8
shall have the opportunity to appeal the interpretation; 9
10
(4) Provide available flood elevation and flood hazard information , and make flood 11
elevation determinations; 12
13
(5) Determine whether additional flood hazard data shall be obtained from other 14
sources or shall be developed by an applicant; 15
16
(6) Review applications to determine whether proposed development will be 17
reasonably safe from flooding; 18
19
(7) Require that applicants proposing alteration of a watercourse notify adjacent 20
communities and the Florida Division of Emergency Management, State 21
Floodplain Management Office, and submit copies of such notifications to the 22
Federal Emergency Management Agency (FEMA); 23
24
(8) Require applicants who submit hydrologic and hydraulic engineering analyses to 25
support permit applications to submit to FEMA the data and information necessary 26
to maintain the Flood Insurance Rate Maps if the analyses propose to change base 27
flood elevations, flood hazard area boundaries, or floodway designations; such 28
submissions shall be made within 6 months of such data becoming available; 29
30
(9) Issue floodplain development permits or approvals for development other than 31
buildings and structures that are subject to the Florida Building Code, including 32
buildings, structures and facilities exempt from the Florida Building Code, when 33
compliance with this ordinance is demonstrated, or disapprove the same in the 34
event of noncompliance; 35
36
(10) Coordinate with and provide comments to the Building Official to assure that 37
applications, plan reviews, and inspections for buildings and structures in flood 38
hazard areas comply with the applicable provisions of this ordinance; 39
40
(11) Review required design certifications and documentation of elevations specified 41
by this ordinance and the Florida Building Code and this ordinance to determine 42
that such certifications and documentations are complete; 43
44
(12) Establish, in coordination with the Building Official, procedures for administering 45
and documenting determinations of substantial improvement and substantial 46
damage made pursuant to Section 5, D (62-73.D) of this ordinance; 47
48
(13) Advise applicants for new buildings and structures, including s ubstantial 49
improvements, that are located in any unit of the Coastal Barrier Resources 50
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System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the 1
Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood 2
insurance is not available on such construction; areas subject to this limitation are 3
identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System 4
Areas" and "Otherwise Protected Areas"; and 5
6
(14) Notify the Federal Emergency Management Agency when th e corporate 7
boundaries of unincorporated Collier County, Florida are modified. 8
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
12
Sec. 62-75. - Site plans and construction documents. 13
14
A. Information for Development in Flood Hazard Areas. The Floodplain Administrator is 15
authorized to waive the submission of site plans, construction documents, and other data 16
that are required by this ordinance but that are not required to be prepared by a registered 17
design professional if it is found that the nature of the proposed development is such that 18
the review of such submissions is not necessary to ascertain compliance with this 19
ordinance. The site plan or construction documents for any development subject to the 20
requirements of this ordinance shall be drawn to scale and shall include, as applicable to 21
the proposed development: 22
23
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 24
flood elevation(s), and ground elevations if necessary for review of the proposed 25
development. 26
27
(2) Where base flood elevations, or floodway data are not included on the FIRM or in 28
the Flood Insurance Study, they shall be established in accordance with Sections 29
7, B(2) or (3) (§§ 62-75.B(2) or (3)) of this ordinance. 30
31
(3) Where the parcel on which the proposed development will take place will have 32
more than 50 lots or is larger than 5 acres and the base flood elevations are not 33
included on the FIRM or in the Flood Insurance Study, such elevations shall be 34
established in accordance with Section 7, B(1) (§ 62-75.B(1)) of this ordinance. 35
36
(4) Location of the proposed activity and proposed structures, and locations of existing 37
buildings and structures; in coastal high hazard areas and Coastal A Zones, new 38
buildings shall be located landward of the reach of mean high tide. 39
40
(5) Location, extent, amount, and proposed final grades of any filling, grading, or 41
excavation. 42
43
(6) Where the placement of fill is proposed, the amount, type, and source of fill 44
material; compaction specifications; a description of the in tended purpose of the 45
fill areas; and evidence that the proposed fill areas are the minimum necessary to 46
achieve the intended purpose; and evidence that the proposed fill does not cause 47
significant amounts of runoff to flow from the site onto abutting properties or into 48
adjoining waters which are not County-approved drainage systems. 49
50
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(7) Delineation of the Coastal Construction Control Line or notation that the site is 1
seaward of the coastal construction control line, if applicable. 2
3
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided 4
such alteration is approved by the Florida Department of Environmental Protection. 5
6
(9) Existing and proposed alignment of any proposed alteration of a watercourse. 7
8
* * * * * * * * * * * * * 9
# # # # # # # # # # # # # 10
11
Sec. 62-79. - Temporary emergency housing. 12
13
A. Establishing the Need for Temporary Emergency Housing. To establish the need 14
for temporary emergency housing, the Board of County Commissioners must 15
determine and declare by simple majority vote that an emergency condition exists 16
due to a natural or man-made disaster. Based upon that disaster declaration the 17
County Manager, in consultation with the Emergency Management Director and 18
the Floodplain Administrator, is authorized to allow for temporary emergency 19
housing in the special flood hazard area. 20
21
B. Placement of Temporary Emergency Housing within the Flood Hazard Area. The 22
Board of County Commissioners or the County Manager or designee, in 23
coordination with the Floodplain Administrator, may allow for post -disaster 24
emergency temporary manufactured homes, recreational vehicles or similar 25
resources provided by federal, state, and local agencies within the flood hazard 26
areas for a period of six months pursuant to subsection F below. The property 27
owner or its representative shall provide sufficient evidence to the County 28
demonstrating that the dwelling sustained damage from the disaster to warrant the 29
temporary emergency housing. Additional six-month extensions for temporary 30
emergency housing may be administratively approved, by the County Manager or 31
designee, when: 32
33
1. A homeowner has an active building permit and additional time is 34
necessary for an issuance of the certificate of occupancy; and 35
36
2. Any delay in construction activity has not been caused by action of the 37
homeowner and is the result of an uncontrollable event such as unavailable 38
construction materials, subcontractors, or essential services. 39
40
C. Temporary Emergency Housing Prohibitions. Temporary emergency housing 41
shall not be located in the VE or the Coastal A flood zones. 42
43
D. Installation Standards. Manufactured homes shall be placed in a manner 44
consistent with Section 15 (§ 62-83) of this ordinance. Recreational vehicles or 45
similar road ready vehicles shall comply with the requirements of Section 16 (§ 62-46
84) of this ordinance. 47
48
E. Emergency Notification and Evacuation Plan. An emergency notification and 49
evacuation plan shall be prepared to ensure the safety of the occupants of the 50
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temporary emergency housing. The emergency notification and evacuation plan 1
shall be submitted, within thirty (30) days of occupancy of the tempo rary 2
emergency housing units, for review and approval to the Collier County Division of 3
Emergency Management. 4
5
F. Permit for the Temporary Placement of Emergency Housing. Prior to the 6
placement of all temporary emergency housing in the special flood hazar d area, 7
the applicant shall be required to submit a temporary permit application to the 8
Floodplain Administrator affirming that the structure is in compliance with this 9
Section and 44 CFR 60.3(e). 10
11
G. Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this 12
section shall be consistent with Ordinance No. 2006-35, Section 7. 13
14
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16
Sec. 62-82. - Site improvements, utilities and limitations. 17
18
A. Minimum Requirements. All proposed new development shall be reviewed to determine 19
that: 20
21
(1) Such proposals are consistent with the need to minimize flood damage and will be 22
reasonably safe from flooding; 23
24
(2) All public utilities and facilities such as sewer, gas, electric, communications, and 25
water systems are located and constructed to minimize or eliminate flood damage; 26
and 27
28
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 29
and AO, adequate drainage paths shall be provided to guide floodwaters around 30
and away from proposed structures. 31
32
B. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private 33
sewage treatment plants (including all pumping stations and collector systems), and on -34
site waste disposal systems shall be designed in accordance with the standards for on-35
site sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 36
Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and 37
discharge from the facilities into floodwaters, and impairment of the fa cilities and systems. 38
39
C. Water Supply Facilities. All new and replacement water supply facilities shall be designed 40
in accordance with the water well construction standards in Chapter 62 -532.500, F.A.C. 41
and ASCE 24 Chapter 7 to minimize or eliminate infil tration of floodwaters into the 42
systems. 43
44
D. Limitations on Sites in Regulatory Floodways. No development, including but not limited 45
to, site improvements, and land disturbing activity involving fill or regrading, shall be 46
authorized in the regulatory floodway unless the floodway encroachment analysis required 47
in Section 7, C(1) (§ 62-75.C(1)) of this ordinance demonstrates that the proposed 48
development or land disturbing activity will not result in any increase in the base flood 49
elevation. 50
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1
E. Limitations on Placement of Fill. Subject to the limitations of this ordinance, fill shall be 2
designed to be stable under conditions of flooding including rapid rise and rapid drawdown 3
of floodwaters, prolonged inundation, and protection against flood-related erosion and 4
scour. Fill shall not cause significant amounts of runoff to flow from the site onto abutting 5
properties or into adjoining waters which are not County -approved drainage systems. In 6
addition to these requirements, if intended to support buildings and s tructures (Zone A 7
only), fill shall comply with the requirements of the Florida Building Code. 8
9
F. Limitations on Sites in Coastal High Hazard Areas (Zone V) and Coastal A Zones. In 10
coastal high hazard areas and Coastal A Zones, alteration of sand dunes an d mangrove 11
stands shall be permitted only if such alteration is approved by the Florida Department of 12
Environmental Protection and only if the engineering analysis required by Section 7, C(4) 13
(§ 62-75.C(4)) of this ordinance demonstrates that the proposed alteration will not increase 14
the potential for flood damage. Construction or restoration of dunes under or around 15
elevated buildings and structures shall comply with Section 18, H(3) (§ 62 - 86.H(3))of this 16
ordinance. 17
18
Sec. 62-83. - Manufactured homes. 19
20
A. General. All manufactured homes installed in flood hazard areas shall be installed by an 21
installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the 22
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located 23
seaward of the coastal construction control line, all manufactured homes shall comply with 24
the more restrictive of the applicable requirements. 25
26
B. Foundations. All new manufactured homes and replacement manufactured homes 27
installed in flood hazard areas shall be installed on permanent foundations that: 28
29
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, and Coastal 30
A Zones are designed in accordance with the foundation requirements of the 31
Florida Building Code, Residential Section R322.2 and this ordinance. 32
33
(2) In coastal high hazard areas (Zone V), are designed in accordance with the 34
foundation requirements of the Florida Building Code, Residential Section R322.3 35
and this ordinance. 36
37
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be 38
installed using methods and practices which minimize flood damage and shall be securely 39
anchored to an adequately anchored foundation system to resist flotation, collapse or 40
lateral movement. Methods of anchoring include, but are not limited to, use of over -the -41
top or frame ties to ground anchors. This anchoring requirement is in addition to applicable 42
state and local anchoring requirements for wind resistance. 43
44
D. Elevation. All manufactured homes that are placed, replaced, or substantially improved in 45
flood hazard areas shall be elevated such that the lowest floor is at or above the elevation 46
required, as applicable to the flood hazard area, in the Florida Building Code, Residential 47
Section R322.2 (Zone A) or R322.3 (Zone V and Coastal A Zone). 48
49
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E. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the 1
requirements of the Florida Building Code, Residential Section R322 for such enclosed 2
areas, as applicable to the flood hazard area. 3
4
F. Utility Equipment. Utility equipment that serves manufactured homes, including electric, 5
heating, ventilation, plumbing, and air conditioning equipment, and other service facilities, 6
shall comply with the requirements of the Florida Building Code, Residential Section R322, 7
as applicable to the flood hazard area. Replacement of permanently -mounted air-8
conditioning equipment, generators, and exterior mechanical equipment shall comply with 9
Section 12, E (§ 62-80.E) of this ordinance. 10
11
G. Permits Required for Additions, Attachments, Improvements and Repair of Manufactured 12
Homes. Building permits are required for additions, attachments, improvements and repair 13
of damage by any cause to manufactured homes. Any addition or attachment that is 14
structurally connected to the manufactured home or is freestanding shall be constructed 15
to meet the Florida Building Code, as may be amended from time to time. The design of 16
an addition or attachment shall use the current wind criteria for the zone. 17
18
(1) An addition or attachment shall only be allowed where a manufactured home was 19
constructed with a host beam by the manufacturer in order to provide the 20
necessary structural support for the connection between the two structures. For 21
manufactured homes that were not constructed by the manufacturer to support 22
additions or attachments connected to them, the addition or attachment shall be 23
freestanding, other than flashing required for weather-tightness. 24
25
(2) Applications for repair of structural components of a manu factured home shall 26
include letters from a registered design professional or a mobile home inspector 27
that states the structure is in compliance with the applicable Manufactured Home 28
Construction and Safety Standards, developed by HUD, in place at the time of 29
assembly. 30
31
H. Substantially improved mobile homes in existing mobile home parks and subdivisions. If 32
the repair, reconstruction, or improvement of the streets, utilities, and pads equals or 33
exceeds 50 percent of the value of the streets, utilities, and pads before the repair, 34
reconstruction, or improvement has commenced, existing mobile homes shall not be 35
required to comply with the requirements of Chapter 62 of the Code of Laws and 36
Ordinances unless those homes are substantially improved or substantially damaged. 37
38
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ORDINANCE NO. 2024 -_____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-35,
AS AMENDED, THE POST DISASTER RECOVERY ORDINANCE,
SPECIFICALLY SECTION SEVEN: DETERMINATION OF DAMAGE,
BUILDBACK POLICY, MORATORIA, EMERGENCY REPAIRS AND
EMERGENCY PERMITTING SYSTEM; AND AMENDING ORDINANCE
NO. 2019-01, AS AMENDED, THE STATE OF FLORIDA MODEL
FLOODPLAIN MANAGEMENT ORDINANCE, SPECIFICALLY
SECTION TWO, DEFINITIONS AND ACRONYMS; SECTION FOUR,
APPLICABILITY; SECTION FIVE, DUTIES AND POWERS OF THE
FLOODPLAIN ADMINISTRATOR; SECTION SEVEN, SITE PLANS AND
CONSTRUCTION DOCUMENTS; SECTION ELEVEN, TEMPORARY
EMERGENCY HOUSING; SECTION FOURTEEN, SITE
IMPROVEMENTS, UTILITIES AND LIMITATIONS; AND SECTION
FIFTEEN, MANUFACTURED HOMES; PROVIDING FOR CONFLICT
AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE
OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 25, 2006, the Board of County Commissioners (Board) adopted
Ordinance No. 2006-35, the Post-Disaster Recovery Ordinance, which provides for the expediting
of post-disaster recovery and rebuilding, including among other things, the temporary use of
recreational vehicles for living purposes on property where a disaster has rendered the residence
uninhabitable; and
WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the State of
Florida Model Floodplain Management Ordinance, which adopted to the extent possible the State
of Florida Model Floodplain Management Ordinance, and among other things allows for the
provision, by federal, state, or local agencies, of temporary housing on property where a disaster
has rendered the residence uninhabitable; and
WHEREAS, on January 14, 2020, the Board adopted Ordinance No. 2020-05 which
amended Ordinance No. 2006-35, the Post-Disaster Recovery Ordinance and Ordinance No. 2019-
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01, the State of Florida Model Floodplain Management Ordinance to allow additional time
extensions for the placement of temporary emergency housing after a disaster event; and
WHEREAS, on March 8, 2022, the Board adopted Ordinance No. 2022-97 which further
amended Ordinance No. 2019-01, the State of Florida Model Floodplain Management Ordinance;
and
WHEREAS, the Board wishes to amend these ordinances to update temporary emergency
housing and floodplain development regulations, and to retain provisions being removed from the
Collier County Land Development Code.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2006-35,
AS AMENDED, DETERMINATION OF DAMAGE, BUILDBACK
POLICY, MORATORIA, EMERGENCY REPAIRS AND
EMERGENCY PERMITTING SYSTEM.
Amendment to Section Seven of Ordinance No. 2006-35, Determination of Damage,
Buildback Policy, Moratoria, Emergency Repairs and Emergency Permitting System, is hereby
amended as follows:
SECTION SEVEN: DETERMINATION OF DAMAGE, BUILDBACK POLICY,
MORATORIA, EMERGENCY REPAIRS AND EMERGENCY
PERMITTING SYSTEM.
* * * * * * * * * *
3. To expedite recovery efforts and repair to damaged structures, the Emergency Review
Board is further authorized to:
a. Allow the temporary use of recreational vehicles for living purposes on property,
including within special flood hazard areas pursuant to Section Eleven of Ordinance
No. 2019-01, as amended, where damage has rendered the principal residence
uninhabitable for a period of six months after the disaster event. Additional six-
month extensions for the temporary use of recreational vehicles may be
administratively approved, by the County Manager or designee, when:
1) A homeowner has an active building permit and additional time is necessary
for an issuance of the certificate of occupancy; and
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2) Any delay in construction activity has not been caused by action of the
homeowner and is the result of an uncontrollable event such as unavailable
construction materials, subcontractors, or essential services.
* * * * * * * * * *
SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO.
2019-01, AS AMENDED, DEFINITIONS
Amendment to Section Two of Ordinance No. 2019-01, as amended, Definitions and
Acronyms, is hereby amended as follows:
SECTION TWO: 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.
* * * * * * * * * *
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 elevation determination. A determination by the County Manager or designee of
the water surface elevations of the base flood, that is, the flood level that has a one percent or
greater chance of occurrence in any given year.
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B,
Section 202.]
* * * * * * * * * *
SECTION THREE: AMENDMENT OF SECTION FOUR OF ORDINANCE NO.
2019-01, AS AMENDED, APPLICABILITY
Amendment to Section Four of Ordinance No. 2019-01, as amended, Applicability, is
hereby amended as follows:
SECTION FOUR: 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 (§ 62-72.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 February 8, 2024 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.
* * * * * * * * * *
SECTION FOUR: AMENDMENT OF SECTION FIVE OF ORDINANCE
NO. 2019-01, AS AMENDED, DUTIES AND POWERS
OF THE FLOODPLAIN ADMINISTRATOR
Amendment to Section Five of Ordinance No. 2019-01, as amended, Duties and Powers of
the Floodplain Administrator, is hereby amended as follows:
SECTION FIVE: DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
* * * * * * * * * *
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, and make flood
elevation determinations;
* * * * * * * * * *
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SECTION FIVE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2019-01, AS AMENDED, SITE PLANS AND CONSTRUCTION
DOCUMENTS
Section Seven of Ordinance No. 2019-01, as amended, Site Plans and Construction
Documents, is hereby amended as follows:
SECTION SEVEN: 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 requirements of this ordinance shall be drawn to scale and shall include,
as applicable to the proposed development:
* * * * * * * * * *
(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; and evidence that the proposed fill does not cause
significant amounts of runoff to flow from the site onto abutting properties or into
adjoining waters which are not County-approved drainage systems.
(7) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
* * * * * * * * * *
THESECTION SIX: AMENDMENT TO SECTION ELEVEN OF ORDINANCE
NO. 2019-01, AS AMENDED, TEMPORARY EMERGENCY
HOUSING
Amendment to Section Eleven of Ordinance No. 2019-01, as amended, Temporary
Emergency Housing, is hereby amended as follows:
SECTION ELEVEN: TEMPORARY EMERGENCY HOUSING.
* * * * * * * * * *
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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 pursuant to subsection F below. The property
owner or its representative shall provide sufficient evidence to the County
demonstrating that the dwelling sustained damage from the disaster to warrant the
temporary emergency housing. Additional six-month extensions for temporary
emergency housing may be administratively approved, by the County Manager or
designee, when:
1. A homeowner has an active building permit and additional time is necessary
for an issuance of the certificate of occupancy; and
2. Any delay in construction activity has not been caused by action of the
homeowner and is the result of an uncontrollable event such as unavailable
construction materials, subcontractors, or essential services.
* * * * * * * * * *
SECTION SEVEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE
NO. 2019-01, AS AMENDED, SITE IMPROVEMENTS, UTILITIES
AND LIMITATIONS
Amendments to Section Fourteen of Ordinance No. 2019-01, as amended, Site
Improvements, Utilities and Limitations, is hereby amended as follows:
SECTION FOURTEEN: SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS.
* * * * * * * * * *
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. Fill shall not cause significant amounts of runoff to flow from the site onto abutting
properties or into adjoining waters which are not County-approved drainage systems. 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.
* * * * * * * * * * * * *
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SECTION EIGHT: AMENDMENTS TO SECTION FIFTEEN OF ORDINANCE
NO. 2019-01, AS AMENDED, MANUFACTURED HOMES.
Amendments to Section Fifteen of Ordinance No. 2019-01, as amended, Site Improvements,
Utilities and Limitations, is hereby amended as follows:
SECTION FIFTEEN: MANUFACTURED HOMES.
* * * * * * * * * *
H. Substantially improved mobile homes in existing mobile home parks and subdivisions . If
the repair, reconstruction, or improvement of the streets, utilities and pads equals or
exceeds 50 percent of the value of streets, utilities and pads before the repair,
reconstruction, or improvement has commenced, existing mobile homes shall not be
required to comply with the requirements of Ordinance No. 2019-01, as amended, unless
those homes are substantially improved or substantially damaged.
* * * * * * * * * *
SECTION NINE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and 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 ELEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ______ day of ________________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: _____________________________ By: _____________________________
, Deputy Clerk CHRIS HALL, Chairman
Approved as to form and legality:
_______________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Publish on County website prior to: ____March 6, 2024________[expected legal advertising date]
Proposed ordinance’s Short Title: Modify Ordinance amending the Collier County Code
of Laws and Ordinances to update temporary emergency housing and floodplain
development regulations.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means t he County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 125.66(3)(c), Florida Statutes.
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In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The proposed Ordinance amendment removes any floodplain provisions in the Land
Development Code (LDC) that were either duplicative or in conflict with the flood damage
prevention provisions in Chapter 62 of the Code of Laws and Ordinances. The effort to
remove flood-related provisions from the LDC is due to the Code of Laws and Ordinances
being acknowledged as the main repository for “flood” regulations. The public purpose of
this ordinance amendment will serve the safety and welfare of the community.
2. An estimate of the direct economic impact of the proposed ordinance on private, for -
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for wh ich businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
The Ordinance amendment creates no direct economic impact on any businesse s within
the jurisdiction of Unincorporated Collier County.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A
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4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: County staff solicited comments from
businesses in the County as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on County website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
N/A
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