Ordinance 2024-12 ORDINANCE NO. 2024 - 1 2
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 c ��; ay of in 66Y C k. , 2024.
111
ATTEST,: `...° tt BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. •Z'.. ',Clerk COLLIER COUNTY, FLORIDA
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By: IL.- -� �AA i By:
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Attest aStb • 'n i eputy Clerk S HALL, Chairman
signatur ®1 1Y..
Approved as to form and legality:
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H Edi F. Ashton-Cicko 1-11-24
Managing Assistant County Attorney
This otdinance filed with
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U Ot t
FLORIDA DEPARTMENT OfSTATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
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. 2024-12, which was filed in this office on April 1, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270