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CCPC Backup 07/27/2009 S CCPC SPECIAL MEETING FLOOD DAMAGE PREVENTION PRESENTATION BACKUP DOCUMENTS JULY 27,2009 Flood Damage Prevention Ordinance Presentation Collier County Planning Commission Meeting July 27, 2009 Three Main Objectives for Today 1. Review of the proposed new Flood Damage Prevention Ordinance 2. Discussion of some ofthe Higher Regulatory Standards ofthe Community Rating System 3. Gain support of the Planning Commission to make Collier County a more flood resistant community National Flood Insurance Program Participation . Collier County is a participating community in the National Flood Insurance Program (NFIP) . Participation in the NFIP allows County property owners to purchase federal flood insurance. Sometimes this purchase is voluntary, and sometimes it is mandatory. National Flood Insurance Program Participation . It also allows Collier County to be eligible for various forms of state and federal funding assistance. . Collier County is required to have a Flood Damage Prevention Ordinance to implement the NFIP. Flood Damage Prevention Ordinance . To meet the minimum NFIP requirements, the State worked with FEMA to develop a model ordinance document. . Collier County has been informed that its current Flood Ordinance is out of date and needs to be replaced along the lines of the model ordinance to at least meet the minimum requirements. Flood Damage Prevention Ordinance . Staff utilized the State's model ordinance as the basic framework in developing this proposed new Flood Damage Prevention Ordinance. . Staff also incorporated some higher regulatory concepts from the Community Rating System to help make the community more resistant to flood damage. 2 Community Rating System Participation Collier County is a participant in the Community Rating System (CRS) ofthe National Flood Insurance Program Participation in the CRS allows County property owners to receive flood insurance premium discounts based upon the County's level of effort. Community Rating System Participation Credit points are awarded to the County based upon which CRS activities are implemented. There are 18 CRS activity categories with a total of 14.668 points available. The County's current point score is 1692. Aod1llty AoIlvltyN.... Avoil.bIo I C_COU1t)' " PoInl5 Point> . ~ EIev_C.rfII\clIle. -- __'62_ I. .. '" JIl.plnlonnod"" '" '" ,.. ! -~- '" ] " ~ HazardlliKlOSUl'<l -- " , . ,.. flood Pro_onlnformoaon .. , . '" I FloodPr_Anlow.:e " . .., AddIUorudFloodO.... _:3__ - . ." OpwlSpac.Pnl.......Uon '" .. .. ... H.,...".R.g""torySIaI>dar<:l. "" n ~ flood DmM:oIm.nance '" .. n, StormwaIe'M........- '" .. ... FIOGdpl...M_lI".......P1onn1ng ... '" . '" ""qlhIUon.ndR.loeadon "''' . "" Flood Prot.eti"" '''" . ~ Dr.I""g.S\'$_M.~_ ,.. ::-- '" FloodWarnln<;lPr"llr.m '" .. L_SlIk-!y :-- . -- ... -,- n '" CoI'I1mUJYtyG,OWlhAdjuslmenl ] ,,~ 3 Community Rating System Participation Staff is working to improve the scoring in several of the eRS activity categories Activity categories with lots of foom for increased scoring . 340 (Hazard Disclosure) . 430 (Higher Regulatory Standards) . 450 (Stormwater Management) All series 400 activity category scores are multiplied by the Community Growth Adjustment Factor of 150%. The Special Flood Hazard Area (SFHA) is all flood zone areas starting with the letters "V" or "A". Higher Regulatory Standards are Applicable in SFHA and wherever else the Ordinance may include. 4 Requested Higher Regulatory Standards in the Ordinance Document Foundation Protection Freeboard Manufactured Home Parks Lower Substantial Improvements Threshold Protection of Critical Facilities Other Higher Standards - Floodproofing Inspection and Training Flood Hazard Disclosure Additional Requested Higher Regulatory Standards not in the Ordinance Document Cumulative Substantial Improvements - staff is recommending this be added into the document now. Protection of Floodplain Storage Capacity - staff is recommending this be added into the document in 2010. Floodplain Management Planning Committee Recommendations The Floodplain Management Planning Committee (FMPC) reviewed the proposed Ordinance through several drafts and voted to support the 3-23-09 draft. 5 Development Services Advisory Committee Recommendations The Development Services Advisory Committee (DSAC) reviewed and voted to support the 3-23-09 draft with the following conditions: Eliminate freeboard requirements Leave the substantial improvements threshold at the NFIP's default value of 50% Provide a cost analysis for each of the proposed higher regulatory standards Identify all portions of the Ordinance that exceed the NFl? minimum requirements Foundation Protection [Section 17(14)(a & b)] Specifies that all new buildings built on fill must be constructed on properly designed and compacted fill (ASTM 0-698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation. County determines how far to extend the fill out from the building foundation (3 feet). Potential eRS Credit: UD to 20 Doints Typical cost for a house would be < $1,200. This protects against erosion, scour, and settling. FMPC and DSAC recommended approval. Freeboard [Section 15(15)] Add one foot of elevation requirement to the Base Flood Elevation shown on the Flood Insurance Rate Maps. Serves as a factor of safety and red uces flood insurance premiums Freeboard would be applied to the lowest floor elevation, including basement, electrical, heating. ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work. 6 Freeboard Example ~.~ ~'o_ ._, ~'o__ '""'\ .......-..... O......ork_.n; --~. I ntll_O 'o-~i~"~ D_.__ I T~.......'_........n .~ T""........,.'_._....... ,- .....~.....O'70_... Freeboard (cont.) . Potential CRS Credit: UD to 100 Doints . Freeboard is for the structure, not the entire property . Typical cost (from surveyed builders) for an average 3000 s.f. house would be in the range of $5,500. . This equates to $1.83 per s.f. so assume $2.00 for discussion purposes Freeboard (cont.) . For a $200,000 house, the flood insurance building rate would be about $885, but if one foot of freeboard was provided, the cost would be about $490. . That amounts to a 45% cost reduction for flood insurance each year. . The savings pays for the freeboard in less than the life of the mortgage. 7 Freeboard (cont.) A category 3 hurricane impact zone (according to the SLOSH models) can exceed the depth and area of coverage identified in the FEMA flood maps. The damage from one major flooding event can easily amount to $25,000 to $100,000 per building that is flooded. A building above the flood level is usable for returning occupants. DSAC did not recommend approval. Manufactured Home Parks [Section 18(4)] Current regulations in Collier County allow manufactured homes in existing manufactured home parks to be installed at elevations that may be below the base flood elevation. This requirement would eliminate that provision and would require all manufactured homes to meet the base flood elevations (plus freeboard). Manufactured Home Parks ( cont.) There are approx. 50 existing mobile home parks in Collier County that may be affected. Most elevation increases would be 1 to 2 feet, with only a few in the 3 to 4 foot range. Typical costto comply < $1000 Potential CRS Credit: up to 50 points FMPC and DSAC recommended approval. . . 8 Lower Substantial Improvements Threshold [Section 21] The standard NFIP threshold for substantial improvements construction or substantial damage repair for a non-comDliant structure is 50% of the value of the structure before the improvement or damage occurr~ When the threshold is met or exceeded, the structure must be brought into compliance with the current FIRM (including any freeboard). Lower Substantial Improvements Threshold (cont.) . This proposal is to lower the threshold to 49%. Has a 2% potential owner impact. No additional costs for new construction. Potential eRS Credit: 10 Doints FMPC recommended approval. DSAC recommended removal and use of the default value. Protection of Critical Facilities [Section 23] The purpose of protecting critical facilities is to provide greater assurance that these facilities will be able to function during and immediately following times of flooding. Requires protection up to the 0.2 percent chance (500-year) flooding event, or one foot above the Base Flood Elevation, whichever is higher 9 Protection of Critical Facilities (cont. ) Critical facilities include: Firestatlons Sheriffs office or law enforcement agency facilities (excluding gun range) Emergency Medical Service (EMS) stations Government agency vehicle and equipment storage facilities Collier County Emergency Operations Center Emergency evacuation centers Water treatment plants, pump stations, wells Wastewater treatment plants and pump stations Electrical power substations Telephone communications centers/switching stations Hospitals Edremely hazardous substances facilities Protection of Critical Facilities (cont.) Within the Special Flood Hazard Area there are approximately: 26 schools 14 fire/EMS stations 6 law enforcement stations 2 hospitals Collier County Emergency Operations Center Basically amounts to raising 1 foot in elev. Potential CRS Credit: UD to 50 Doints Costs vary widely due to different techniques and situations involved FMPC and DSAC recommended approval. Other Higher Standards: Require Periodic Inspection and Training for Floodproofing [Section 24] Applies to non-residential buildings within the SFHA Avoids flooded businesses from improperly installed or defective equipment Requires annual employee training and periodic trial runs to install f1oodproofing equipment Potential CRS Credit: UD to 10 Doints Cost is in training time and replacement of defective materials. FMPC and DSAC recommend aooroval. 10 Flood Hazard Disclosure [Section 25] This requirement will provide important flood zone or historical flooding information to potential buyers and renters of real property before contracts are signed. This eliminates the potential "surprise" factor to the buyer when the lending institution notifies them just before loan closing that flood insurance is required. Flood Hazard Disclosure (cont.) The County Property Appraiser recorded approx. 20,000 sales transactions in 2005. This applies to all sellers or landlords. The accuracy of the information is the responsibility of the seller or landlord. The listing agency would reasonably verify. County staff is currently providing flood zone information to interested parties. Information is readily available on County web page (www.Colliergov.net) Flood Hazard Disclosure (cont.) For sales and rentals, uses a simple disclosure form - ~~ ! . .------ I --.-..-.------.-.-. .- -- --~---'.- . ~ ,...~.--,.._._~-""~- .-.".---...- :O::':::-;:O-c"- I -~------_.__._-- .._...__._-----~~~ ~_.__._-- ----..-.- ----------.-- ---.--------. ------.-.--- ----------.-. -----~----_. -'-'''-'"--'- --.---. --"'-'- ----_.,,- --.--..--.-"'.- __,_._,,____'_hp_ -.-------....-. "'-.-..-,-....-,- -.--..- --------..-- --------.-.- -_.~_.~---_._._- -.------.---- ~---_.__._..._..-- ---.---.--....---- _.__.__..._..._~-_..- .------.- ~_:2::~::;f~~.@,.,.~ .------..----.-.- - .-"'--.----- ~~~~t~~~~~ :;..-=-'":.-==:~-::-.=-~--_.. -.-----..--- ;;~~-=-~::::.'===- -------.---- --_._._----- .------..------ -~--~----- ~..__._------ ----.-.-.--.--- 11 Flood Hazard Disclosure (cont.) Includes showing the flood hazard areas on final recorded subdivision plats and individual lot surveys. Includes real estate agents distributing a brochure advising potential buyers to investigate the flood hazard for a property. Generally supported by both the Naples Area Board of Realtors and ther.;;arco Island Association of Realtors Potential eRS Credit: uo to 71 Doints Cost is minimal. FMPC and DSAC recommended approval. Cumulative Substantial Improvements Considers the sum total of all improvements, modifications, additions, reconstruction and damage repairs over the previous 5 years in calculating compliance with the substantial improvements threshold Allows property owners to gain the benefit of their flood insurance policy's Increased Cost of Compliance coverage to protect against future flooding damage Cumulative Substantial Improvements (cont.) . Works to bring non-compliant structures into compliance with the effective Flood Insurance Rate Map (FIRM) No additional cost for new construction Potential CRS Credit: up to 70 points FMPC and DSAC did not recommend approval. 12 Protection of Floodplain Storage Capacity The placement of fill, especially in areas outside of planned developments with designed stonnwater management systems, reduces the volume of existing storage for rainfall runoff. That can have substantial impacts to older existing buildings and overland drainage patterns as vacant land is filled. This regulation would require the provision of compensating storage similar to what is already required for some larger developments. Protection of Floodplain Storage Capacity (cont.) . A piecemeal, individual approach is not generally recommended, but could be utilized. . Works to address each property's individual impact to the floodplain. . Typical cost < $1000 . Potential CRS Credit: up to 70 points . Not needed in Ordinance until we have the new DFIRMs in late 2010. Protection of Floodplain Storage Capacity (cont.) . This is especially important in Golden Gate Estates as it continues toward build-out and existing floodplain storage on vacant lots disappears. . The Picayune Strand Restoration Project (SGGE Restoration> has a maximum allowable pumpage rate for the proposed pump stations. 13 In Summary Staff recommends aDDroval of the Flood Damaae Prevention Ordinance plus the addition of Cumulative Substantial Imorovements Hiaher Reaulatory criteria to provide a more flood resistant community. Staff requests the Planning Commission's approval and support of the Flood Damaae Prevention Ordinance. includina the addition of Cumulative SubstantiallmDrovements Hiaher Reaulatory criteria. to provide a more flood resistant community. Recap of Higher Regulatory Standards Foundation Protection -- UD to 20 ooints Freeboard -- UP to 100 Doints Manufactured Home Par1<s -- UD to 50 Doints Lower Substantial Improvements Threshold -- 10 ooints Protection of Critical Facilities -. UD to 50 Doints Other Higher Standards - Floodproofing Inspections and Training UD to 10 ooints Flood Hazard Disclosure -- uo to 71 ooint5 Cumulative Substantial Improvements -- uo to 70 ooints Total Dossible reauested Doints - 381 Doints [Next Year] Protection of Floodplain Storage Capacity --.!!..1:!...!2 ?Oooints bS~~ -' , , "" Discussion and Questions? - 14 DRAFT 3-23-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE 2009- AN ORDINANCE, TO BE KNOWN AS THE FLOOD DAMAGE PREVENTION ORDINANCE OF 2009; PROVIDING FOR STATUTORY AUTHORIZATION; FINDINGS OF FACT; STATEMENT OF PURPOSE; OBJECTIVES; DEFINITIONS; ACRONYMS; LANDS TO WHICH THIS ORDINANCE APPLIES; BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; DESIGNATION OF FLOODPLAIN ADMINISTRATOR; DEVELOPMENT PERMIT REQUIRED; COMPLIANCE; ABROGATION AND GREATER RESTRICTIONS; INTERPRETATION; WARNING AND DISCLAIMER OF LIABILITY; PENALTIES FOR VIOLATION; PERMIT APPLICATION PROCEDURES; GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS; SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODW A YS; SPECIF'IC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES); SPECIFIC STANDARDS FOR REPETITIVE LOSS PROPERTIES; SPECIFIC ST ANDARDS FOR SUBDIVISION PLATS; SPECIFIC STANDARDS FOR CRITICAL FACILITIES; SPECIFIC STANDARDS FOR PERIODIC INSPECTION, AND TRAINING FOR INSTALLATION OF DRY FLOODPROOFING COMPONENTS; SPECIFIC ST ANDARDS FOR FLOOD HAZARD DISCLOSURE; APPEALS PROCEDURE; VARIANCE PROCEDURE, CRITERIA AND NOTICE; I>ROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL AND REPLACMENT OF COLLIER COUNTY ORDINANCE NO. 86-28 (AS SUBSEQUENTLY AMENDED BY ORDINANCE 87-80, ORDINANCE 90-31, AND ORDINANCE 2005-51); PROVIDING FOR LIBERAL CONSTRUCTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 48 DRAFT 3-23-09 1 2 WHEREAS, the Collier County Board of County Commissioners (BCC) seeks to 3 proteet the health, safety and welfare of the eitizens of Collier County; and 4 5 WHEREAS, the flood hazard areas of Collier County are subjeet to periodie 6 inundation, whieh eould result in loss of life and property, health and safety hazards, 7 disruption of commerce and governmental services, extraordinary public and private 8 expenditures for flood protection, recovery. and relief and impairment of the tax base, all 9 of which adversely affect the public health, safety and general welfare; and 10 11 WHEREAS, losses from flooding may be caused by the cumulative effect of 12 obstructions in floodplains causing increases in flood heights and velocities, and/or by the 13 occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands 14 which are inadequately elevated, floodproofed, or otherwise unprotected from flood 15 damages; and 16 17 WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of 18 counties to provide f~)r the health, welfare and safety of existing and future residents by 19 enacting and enforeing regulations necessary for the protection of the public including 20 flood damage prevention ordinances; and 21 22 WHEREAS, Chapter 163, Part 11, (Loeal Government Comprehensive Planning 23 and Land Development Regulations Act), Florida Statutes, provides that counties shall 24 havc the power and responsibility to plan comprehensively for their future development 25 and growth including the adoption and implementation of appropriate land development 26 regulations which are necessary or desirable to implement a comprehensive plan, 27 including the regulations of areas subject to seasonal and periodic flooding as provided in 28 Section l53.3202(2)(d), Florida Statutes; and 29 30 WHEREAS, Collier County is a participant in the Community Rating System 31 (CRS) program of the National Flood Insurance Program (NFlP) which is administered 32 by the Federal Emergency Management Agency (FEMA) of the U.S. Department of 33 Homeland Security; and 34 35 WHEREAS, Collier County, Florida had previously adopted a Flood Damage 36 Prevention Ordinance (Ordinance 86-28, as subsequently amended by Ordinance 87-80, 37 Ordinance 90-31, and Ordinance 2005-51) and desires to clarify its Flood Damage 38 Prevention Ordinance to assure that its ordinance is compatible with federal and state 39 rcgulations, including meeting certain criteria in the CRS program; 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 43 44 SECTION 1: STATUTORY AUTHORIZATION Page 2 of 4R DRAFT 3-23-09 1 2 Chapter 125, Florida Statutes, delegates responsibility to local governmental units to 3 adopt regulations designed to promote the public health, safety and general welfare of its 4 citizenry. 5 6 7 SECTION 2: FINDINGS OF FACT 8 9 (1) The flood hazard areas of Collier County are subject to periodic inundation, which 10 could result in loss oflife, property damage, health and safety hazards, disruption of 11 commerce and governmental services, extraordinary public expenditures for flood 12 protection and relief, and impairment of the tax base, all of which could adversely 13 affect the public health, safety and general welfare. 14 15 (2) These flood losses are caused by the cumulative effect of obstructions in flood 16 plains causing increases in flood heights and velocities, and by the occupancy in 17 flood hazard areas by structures vulnerable to floods or hazardous to the lands 18 which are inadequately elevated, floodproofed, or otherwise inadequately protected 19 from flood damages. 20 21 22 SECTION 3: STATEMENT OF PURPOSE 23 24 It is the purpose ofthis ordinance to promote the public health, safety and general welfare 25 and to minimize public and private losses due to flood conditions in specific areas 26 through provisions designed to: 27 28 (1) Restrict or prohibit uses which are dangerous to health, safety and property due to 29 water or erosion hazards, whieh result in damaging inereases in erosion or in flood 30 heights and velocities; 31 32 (2) Require that uses vulnerable to floods, including facilities which serve sueh uses, be 33 protected against flood damage throughout their intended life span; 34 35 (3) Control the alteration of natural floodplains, stream channels, and natural protective 36 barriers which are involved in the accommodation of flood waters; 37 38 (4) Control filling, grading, dredging and other development whieh may increase 39 erosion or flood damage; and 40 41 (5) Prevent or regulate the construction of flood barriers which will ullilaturally divert 42 floodwaters or which may increase flood hazards to other lands. 43 44 Page 3 of 48 DRAFT 3-23-09 1 SECTION 4: OBJECTIVES 2 3 The objectives of this ordinance are to: 4 5 (1) Protect human lite, health and to eliminate or minimize property damage; 6 7 (2) Minimize expenditure of public money for costly flood eontrol projects; 8 9 (3) Minimize the need for rescue and relief efforts associated with flooding and 10 generally undertaken at the expense of the general public; 11 12 (4) Minimize prolonged business interruptions; 13 14 (5) Minimize danlage to public facilities and utilities sueh as water and gas mains, 15 eleetrie, telephone and sewer lines, roadways, and bridges and eulverts located in 16 floodplains; 17 18 (6) Maintain a stable tax base by providing for the sound use and development of flood 19 prone areas in such a manncr as to minimize tlood blight areas; 20 21 (7) Ensure that potential homebuyers are notified that property is in a special flood 22 hazard area; and 23 24 (8) Ensure that those who occupy the areas of special flood hazard assume 25 responsibilities for their actions. 26 27 28 SECTION 5: DEFINITIONS 29 30 Unless specifically defined below, words or phrases used in this ordinance shall be 31 interpretcd so as to give them the meaning they have in common usage and to give this 32 ordinance its most reasonable application: 33 34 Accessory structure (Appurtenant structure) means a structure that is located on the 35 same parcel of property as the principal structure and the use of which is incidental to the 36 use of the principal structure. Accessory structures should constitute a minimal 37 investment, may not be used for human habitation, and should be dcsigned to have 38 minimal flood damage potential. Examples of accessory structures are detached garages, 39 carports, storage sheds. pule barns, and hay sheds. Thic; dG~s not include a guest house 40 which is defined in the Collier County Land Development Code as an accessory dwelling 41 structure. 42 43 Act means the National Flood Insurance Act of 1968, LJ.S.c. 400 I, et. seq, and any 44 amendments thereto. Page 4 of 48 DRAFT 3-23-09 1 2 Addition (to an existing building) means any walled and roofed expansion to the 3 perimeter of an existing building in which the addition is connected by a common 4 loadbearing wall other than a fire wall required by the Standard Building Code. Any 5 walled and roofed addition connected by such fire wall or separated by independent 6 perimeter load bearing walls is new construction. 7 8 Administrator means the Federal Insurance Administrator. 9 10 Anchored means adequately secured to prevent flotation, collapse, or lateral movement 11 by floodwaters. 12 13 Anticipated development means the maximum allowable development intensity in 14 accordance with the current and effective Future Land Use Element of the Collier County 15 Growth Management Plan and the Collier County Land Development Code. 16 17 Appeal means a request for a review of the Floodplain Administrator's interpretation of 18 any provision ofthis ordinance or a request for a variance. 19 20 Area of shallow flooding means a designated AO or AH Zone on the community's 21 Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a 22 clearly defined channel does not exist, where the path of flooding is unpredictable and 23 indeterminate, and where velocity flow may be evident. Such tlooding is characterized 24 by ponding or sheet flow. 25 26 Area of special flood hazard (SFHA) is the land in the flood plain within a community 27 subject to a one percent or greater chance of flooding in any given year. These areas are 28 designated on the FIRMas flood zones starting with the letter "A" or "V". This term is 29 synonymous with the phrase "special flood hazard area". 30 31 A Zones means any type of SFHA flood zone designation that begins with the letter "A". 32 It is not intended to refer to only the specific designation of Zone A which does not have 33 an established base flood elevation (BFE). 34 35 Base flood means the flood having a one percent chance of being equaled or exceeded in 36 any given year (also sometimes called the "IOO-year flood" and the "regulatory flood"). 3 7 Base flood is the term used throughout this ordinance. 38 39 Base flood elevation (BFE) means thc elevation shown on the FIRM for Zones AE, AH, 40 A1-A30, AR, ARIA, ARlAE, ARlAI-A30, ARlAH, ARlAO, Vl-V30, and VE that 41 indicates the water surface elevation resulting from a flood that has a one (1) percent 42 chance of equaling or exceeding that elevation in any given year. 43 Page 5 of 48 DRAFT 3-23-09 1 Basement means any area of a building, including any sunken room or sunken portion of 2 a room, having its floor below ground level (sub-grade) on all sides. 3 4 Breakaway wall means a wall that is not part of the structural support of the building and 5 is intended through its design and construction to collapse under specific lateral loading 6 forces without causing damage to the elevated portion of the building or the supporting 7 foundations system. 8 9 Building -See "Structure"'. 10 11 Chief Administrative Official wherever used shall mean the County Manager. 12 13 Coastal floodplain means the floodplain area identified by an analysis of the base flood 14 from coastal surge. 15 16 Coastal High Hazard Area means a SFHA cxtending from offshore to the inland limit 17 of a primary frontal dune along an open coast and any other area subject to high velocity 18 wave action from storms or seismic sources. The County shall consider the Coastal High 19 Hazard Area as the area seaward of the Coastal Construction Control Line established by 20 the Florida Department of Natural Resources on June 27, 1989, and the NFlP (V) zones 21 indicated on the FIRM, as zones V 1 -30, and VE or V, whichever is the most landward. 22 The land mass seaward of this line is considered the Coastal High Hazard Area. 23 24 Community means all area within the boundaries of Collier County, Florida, including 25 the incorporated municipalities. 26 27 Community Rating System (CRS) means a program developed by FEMA to provide 28 incentives for those communities in the Regular Program of the NFlP that have gone 29 beyond the minimum floodplain management rcquirements to develop extra measures to 30 provide protection from flooding. 31 32 County whenever used in this ordinance shall mean unincorporated Collier County, 33 Florida. 34 35 Critical facilities whenever used in this ordinance are identified as 36 . Fire stations 37 . Sheriffs office or law enforcement agency facilities (excluding gun range) 38 . Emergency Medical Service stations . 39 . GovemmenCagency vehicle and equipment storage facilities 40 . Collier County Emergency Operations Center 41 . Emergency evacuation centers 42 . Water treatment plants, pump stations, and wells 43 . Wastewater treatment plants and pump stations Page 6 of 48 DRAFT 3-23-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . Electric power substations . Telephone communication centers/switching stations and towers . Hospitals . Extremely hazardous substances facilities [Superfund Amendments and Reauthorization Act (SARA) Title III facilities] Datum means a reference surface used to ensure that all elevation records are properly related. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Development permit means any County pemlit which must be approved by the County prior to proceeding with any "Development". Elevated building means a structure that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, columns, or pilings. Elevation means the measured vertical distance of a location in relation to an official, established datum. Elevation datum may be the National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NA VD), whichever is specified on the effective FIRM at the time of measurement. Enclosed area or enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully enclosed by rigid walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a tloodplain. Existing construction means, for the purposes of floodplain management, structures for which the "start of construction" commenced before September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). This term may also be referred to as "existing structures". "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots 011 which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) was completed before September 14, 1979 (the effective date of Collier County's first FIRM and as previously stated in Ordinance 90-31). Page 7 of 48 DRAFT 3-23-09 1 Existing structure means a structure for which the "start of construction" commenced 2 before September 14, 1979 (the effective date of Collier County's first FIRM). 3 4 Expansion to an existing manufactured home park or subdivision means the 5 preparation of additional sites at an existing manufactured home park or subdivision by 6 the construction of facilities for servicing the lots on which the manufactured homes are 7 to be affixed (including the installation of utilities, either final site grading or pouring of 8 concrete pads, or the construction of streets). 9 10 Extremely hazardous substances facilities means all buildings, equipment, structures, II and other stationary items whieh are located on a single site or on eontiguous or adjacent 12 sites and which are owned or operated by the same person (or by any person which 13 controls, is controlled by, or under common control with. such person) where chemicals 14 or substances (products or wastes) that have been identified by the United States 15 Environmental Protection Agency (lOP A) on the basis of toxicity, reactivity, flammability 16 and/or corrosivcness, and listcd under Title III of the SARA are generatcd, used, or 17 stored. 18 19 Fcdcral Emergency Management Agency (FEMA) means the federal agency under 20 which the NFIP is administered. In March 2003, FEMA became part of the newly 21 created U.S. Department of Homeland Security. 22 23 Flood or flooding means 24 25 (1) A general and temporary condition of partial or complete inundation of two or more 26 acrcs of normally dry land area or of two or more properties (at least one of which 27 is the affected policy holder's property) from: 28 29 (a) The overflow of inland or tidal waters. 30 3] (b) The unusual and rapid accumulation or runoff of surface waters from any 32 sourcc. 33 34 (c) Mudslides (i.e., mudflows) which are proximately caused by flooding as 35 defined in paragraph (a) (2) of this definition and are akin to a river of liquid 36 and flowing mud on the surface of normally dry land areas, as when earth is 37 carried by a current oCwater and deposited along the path of the current. 38 39 (2) The collapse or subsidence of land along a shore of a lake or similar body of water 40 as the result of erosion or undermining caused by waves or currents of water 41 exceeding anticipated cyclicallcvels or suddenly caused by an unusually high water 42 level in a natural body of water, accompanied by a severe stonn or by an 43 unanticipatcd f~)rcc of nature, such as a flash flood or an abnormal tidal surge or by Page 8 of 48 DRAFT 3-23-09 1 some similarly unusual and unforeseeable event which results in flooding as defined 2 in paragraph (I) (a) of this definition. 3 4 Flood blight area means an area that has been damaged by floodwaters and the presence 5 of public health and safety conditions exist. 6 7 Flood elevation determination means a determination by the Administrator of the water 8 surface elevations of the base flood, that is, the flood level that has a one percent or 9 greater chance of occurrence in any given year. 10 11 Flood Insurance Rate Map (FIRM) means an official map, or map series, of the 12 community, issued by FEMA, which delineates both the areas of special flood hazard and 13 the risk premium zones applicable to the community. 14 15 Flood Insurance Study (FIS) means the official hydraulic & hydrologic report provided 16 by FEMA used to develop the flood insurance rate maps and the water surface elevation 17 of the base flood. The study contains an examination, evaluation, and determination of 18 flood hazards, and, if appropriate, corresponding water surface elevations, or an 19 examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood- 20 related erosion hazards. The study may also contain flood profiles, as well as the FIRM, 21 and other related data and information. 22 23 Floodplain or flood-prone area means any land area susceptible to being inundated by 24 water from any source (see definition of "flood"). Collier County, Florida, being a 25 coastal community, has land areas susceptible to coastal surge flooding and interior basin 26 and riverine floodplain areas susceptible to flooding. 27 28 Floodplain administrator means the person designated by the County Manager to be 29 responsible for the administration, implementation and enforcement of the floodplain 30 management regulations of the County. 31 32 Floodplain management means the operation of an overall program of corrective and 33 preventive measures for reducing flood damage and preserving and enhancing, where 34 possible, natural resources in the floodplain, including but not limited to emergency 35 preparedness plans, flood control works. floodplain management regulations, and open 36 space plans. 37 38 Floodplain management regulations means this ordinance and other zoning ordinances, 39 subdivision regulations, building codes, health regulations, special purpose ordinances 40 (sueh as a floodplain ordinance, grading ordinance and erosion control ordinance) and 41 other applications of police powers which control development in flood-prone areas. The 42 term describes Federal, State of Florida, or local regulations, in any combination thereof, 43 which provide standards for preventing and/or reducing flood loss and damage. 44 Page 9 of 48 DRAFT 3-23-09 1 Floodproofing means any combination of structural and non-structural additions, 2 changes, or adjustments to structures, which reduce or eliminate flood damage to real 3 estate or improved real property, water and sanitation facilities, or structures and their 4 contents. 5 1. Dry tloodproofing utilizes construction materials, and techniques able to 6 withstand the hydrostatic and hydrodynamic loads and buoyancy forces that 7 would be caused by flood depths, pressures, velocities, impact, and uplift 8 forces associated with the base flood and keep flood waters from entering the 9 building up to onc foot above the base flood plus any rcquired freeboard 10 elevation. 11 2. All areas of the building components below the base flood elevation plus one 12 (1) foot, plus any required freeboard, must be water tight with walls 13 substantially impermeable to thc passage of water, and contain an internal 14 seepage collection, control and discharge system capable of operating during 15 periods of electrical power loss. 16 3. The internal seepage collection, control and discharge system (e.g. sump 17 pump) must be capable of handling an allowable seepage rate for the entire 18 building up to four (4) inches of water depth during a 24-hour period (103 19 gallons/bour/1 000 square fCet). 20 4. In designing the building to be substantially impermeable, thc allowable 21 seepage calculation assumes that the internal seepage collection, control and 22 discharge system is not in placc and functioning, so it cannot be used in the 23 calculations to offset the leakage to below four (4) inches per 24 hours. 24 5. For existing buildings where no internal seepage collection, control and 25 discharge system was providcd, the maximum allowable seepage rate for the 26 entire building is onc quarter (1/4) inch of water depth during a 24-hour 27 period (6.5 gallons/hourll 000 square reet). 28 6. Flood resistant materials must be used in all areas where such seepage is 29 likely to occur. 30 7. The building's utilities and sanitary facilities, including heating, air 31 conditioning, electrical, water supply, and sanitary sewage services, must be 32 located above the base flood clevation, plus any required freeboard, 33 completely enclosed within the building's watertight walls or made watertight 34 and capable of resisting damage during flood conditions. 35 8. Dry flood proofing components j~)r openings through the substantially 36 impermeablc walls (c.g. doors, windows, ctc.) must be installed within four 37 (4) hours after issuance of a tlood waming or a hurricane warning by the 38 National Hurricane Center. 39 9. Wet floodproofing utilizes construction materials and techniques able to 40 withstand prolonged submergence without damage and readily allow 41 tloodwaters to enter the building up to one foot above the base flood 42 elevation, plus any required frceboard elevation. 43 Page 10 of48 DRAFT 3-23-09 1 Floodway means the channel of a river, canal, or other watercourse and the adjacent land 2 areas that must be reserved in order to discharge the base flood without cumulatively 3 increasing the water surface elevation more than one foot. 4 5 Floodway fringe means that area of the floodplain on either side of the regulatory 6 floodway where encroachment may be permitted without additional hydraulic and/or 7 hydrologic analysis. 8 9 Freeboard means the additional height, usually expressed as a factor of safety in feet, 10 above a flood level for purposes of floodplain management. Freeboard tends to 11 compensate for many unknown factors, such as wave action, bridge openings and 12 hydrological effect of urbanization of the watershed, which could contribute to flood 13 heights greater than the height calculated for a selected frequency flood and floodway 14 conditions. 15 16 Functionally dependent use means a use which cannot perform its intended purpose 17 unless it is located or carried out in close proximity to water, such as a docking or port 18 facility necessary for the loading and unloading of cargo or passengers, shipbuilding or 19 ship repair. The term does not include long-term storage, manufacture, sales, or service 20 facilities. 21 22 Hardship as related to variances from this ordinance means the exceptional hardship 23 associated with the land that would result from a failure to grant the requested variance. 24 The community requires that the variance be exceptional, unusual, and peculiar to the 25 property involved. Mere economic or financial hardship alone is not exceptional. 26 Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the 27 disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional 28 hardship. All of these problems can be resolved through other means without granting a 29 variance, even if the alternative is more expensive, or requires the property owner to 30 build elsewhere or put the parcel to a different use than originally intended. 31 32 Highest adjacent grade means the highest natural elevation of the ground surface, prior 33 to the start of construction, next to the proposed walls of a structure. 34 35 Historic structure means any structure that is: 36 37 (1) Listed individually in the National Register of Historic Places (a listing maintained 38 by Department ofInterior) or preliminarily determined by the Secretary of the 39 Interior as meeting the requirements for indivjduallisting on the National Register; 40 41 (2) Certified or preliminarily determined by the Secretary of the Interior as contributing 42 to the historical significance of a registered historic district or a district 43 preliminarily determined by the Secretary to quality as a registered historic district; 44 Page t 1 of 48 DRAFT 3-23-09 1 (3) Individually listed on a state inventory of historic places in states with historic 2 preservation programs which have been approved by the Secretary of the Interior; 3 or 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Letter of Map Amendmcnt (LOMA) means an amendment to the currently effective FIRM that establishes that a property is not located in aSFHA. A LOMA is issued only by FEMA. Letter of Map Revision (LOMR) means an of1icial amendment to the currently effective FIRM. It is issued by FEMA and changes flood zones, delineations, and/or elevations. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, dcck support, or bascment entryway immediately next to the structure. Lowest floor means the lowest floor ofthe lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vebicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is built so as to not render the structure in violation of dcsign standards of this ordinancc. Mangrove stand means an assemblage of mangrove trees which are mostly low trees notcd for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia gcrminans); red mangrove (Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site li1r 180 consecutive days or longer and intended to be improved property. "Manufactured homc" includes mobile homes but does not include "recreational vehiclcs". Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or morc manufacturcd homc lots for rent or sale. A manufactured Page 12 of 48 DRAFT 3-23-09 1 home park or subdivision includes the construction of facilities for servicing the lots on 2 which the manufactured (mobile) homes are to be affixed including, at a minimum, the 3 installation of utilities, the construction of streets, and either final site grading or the 4 pouring of the concrete pads. 5 6 Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida, issued by 7 FEMA, having an effective date of November 17,2005, as may be amended. 8 9 Market value means the building value, which is the real property value excluding the 10 land value and that of the detached accessory structures and other improvements on site 11 (as agreed to between a willing buyer and seller) as established by what the local real 12 estate market will bear. Market value can be established by an independent certified 13 appraisal (other than a limited or curbside appraisal, or one based on income approach), 14 Actual Cash Value (replacement cost depreciated f~)r age and quality of construction of 15 building), or adjusted tax-assessed values. 16 17 Mean Sea Level (MSL) means the average height of the sea for all stages of the tide. It 18 is used as a reference for establishing various elevations within the tloodplain. For 19 purposes of this ordinance, the term is synonymous with the NGVD of 1929. The NGVD 20 of 1929 can be converted to NA YD. For uses controlled by this ordinance, where 21 elevation information based upon the NGVD is used, the conversion to NA VD is 22 required and the information clearly identified as to which elevation relates to which 23 datum. 24 25 National Flood Insurance Program (NJ;'IP) means the program oftlood insurance 26 coverage and floodplain management administered under the National Flood Insurance 27 Act of 1968 (as amended) and applicable Federal regulations promulgated in Title 44 of 28 the Code of Federal Regulations, Subchapter B. 29 30 National Geodetic Vertical Datum (NGVD) means NGVD of 1929 (formerly called 31 MSL Datum of 1929), a vertical control used as a reference for establishing varying 32 elevations within the floodplain. 33 34 New construction means, for floodplain management purposes, any structures for which 35 the "start of construction" commenced on or after September 14, 1979 (the effective date 36 of the first FIRM for Collier County as previously stated in Ordinance 86-28). The term 37 also includes any subsequent improvements to such structures. 38 39 New manufactured home park or subdivision. means a manufaetured home park or 40 subdivision for which the construction of facilities for servicing the lots on which the 41 manufactured homes are to be affixed (including at a minimum, the installation of 42 utilities, the construction of streets and either final site grading or the pouring of concrete 43 pads) was completed on or after September 14, 1979 (the effective date of the first FIRM 44 for Collier County as previously stated in Ordinance 86-28). Page 13 of48 DRAFT 3-23-09 1 2 Non-residential means small business concerns, churches, schools, fann buildings 3 (including grain bins and silos), pool houses, clubhouses, recreational buildings, 4 mercantile structures, agricultural and industrial structures, warehouses, hotels and motels 5 with normal room rentals f~)r lcss than six (6) months' duration. Non-Residential does 6 not include nursing homes or any buildings used as emergency evacuation centers in 7 accordance with the Collier County Hazard Mitigation Plan. 8 9 North American Vertical Datum (NA VD) of 1988 means the oflicial vertieal control lOused as a reference for establishing varying elevations within the floodplain. 11 12 On-site sewage treatment and disposal systems means a system that contains a 13 standard subsurface, filled, or mound drainfield system, an aerobic treatment unit; a 14 graywater system tank: a laundry wastewater system tank; a septic tank; a grease 15 interceptor; a pump tank: a solids or effluent pump; a waterless, incinerating, or organic 16 waste-compo sting toilet: or a sanitary pit privy that is installed or proposed to be installed 17 beyond the building sewer on land of the owner or on other land to which the owner has 18 the legal right to install a system. The term includes any item placed within, or intended 19 to be used as a part of or in conjunction with, the system. This term does not include 20 package sewage treatmcnt facilities and other treatment works regulated under Chapter 21 403 Florida Statutes. 22 23 Obstruction means any type of lower area enclosure or other construction element that 24 will obstruct the flow of velocity water or wave action beneath the lowest horizontal 25 structural member of the lowest floor of an elevated building during a base flood event. 26 This requirement applies to the structurcs in velocity zones (Zone VI - V30, VE, or V). 27 28 Person includes any individual or group of individuals, corporation, or any other 29 organized group of persons, including State and local governments and agencies thereof. 30 31 Practice installation of dry floodproofing components means thc periodic and 32 temporary installation of dry tloodproofing components on a building designed and 33 approved for dry floodprooting techniques. Thc practice installation of the components 34 to dry floodproofthe entire building must be accomplished within a continuous four (4) 35 hour time frame. It is not necessary to apply moldable sealants (not gaskets) as a part of 36 the practice installation, but sufficient quantities of sealant material, if required as a part 37 of the approved floodprooting method, must be on hand as ifit were a real flood 38 situation. A real flood situation installation may also be treated as a practice installation. 39 40 Pre-FIRM construction means structures t~)r which the "start of construction" 41 commenced before September 14, 1979, the enective date of Collier County's jirst FIRM. 42 43 Program means the NFlP authorized by the National Flood Insurance Act of 1968, as 44 may bc amended. Page 14 of48 DRAFT 3-23-09 1 2 Program deficiency means a defect in the community's floodplain management 3 regulations or administrative procedures that impairs effective implementation of those 4 floodplain management regulations or of the standards required by the NFIP. 5 6 Public safety and nuisance means anything which is injurious to safety or health of the 7 entire community or a neighborhood, or any considerable number of persons, or 8 unlawfully obstructs the free passage or use, in the customary manner, of any navigable 9 lake, or river, bay, stream, canal, or basin. 10 11 Recreational vehicle means a vehicle that is: 12 l3 (1) bui lt on a single chassis; 14 15 (2) measures four hundred (400) square feet or less when measured at the largest 16 horizontal projection; 17 18 (3) designed to be self-propelled or permanently towable by a light duty truck; 19 20 (4) designed primarily not for use as a permanent dwelling but as temporary living 21 quarters for recreational, camping, travel or seasonal use; and 22 23 (5) currently licensed and insured in accordance with the requirements ofthe State of 24 Florida. 25 26 27 Registered professional architect means an architect registered and/or licensed by the 28 State of Florida to practice architecture in Florida or who is authorized by the State of 29 Florida to practice architecture in Florida under a reciprocal registration or licensing 30 agrcement with another State. 31 32 Registered professional engineer means an engineer registered and/or licensed by the 33 State of Florida to practice engineering in Florida or who is authorized by the State of 34 Florida to practice engineering in Florida under a reciprocal registration or licensing 35 agreement wi th another State. 36 37 Registered professional land surveyor or professional surveyor and mapper means a 38 surveyor registered and/or licensed by the State of Florida to engage in the practice of 39 land survcying in Florida or who is authorized by the State of Florida to practice land 40 surveying in Florida under a reciprocal registration or licensing agreement with another 41 State. 42 43 Remedy a deficiency or violation means to bring the regulation, procedure, structure or 44 other development into compliance with State of Florida, Federal or local floodplain Page 15 of48 DRAFT 3-23-09 1 management regulations; or if this is not possible, to reduce the impacts of 2 noncompliance. Ways the impacts may be reduced inelude protecting the structure or 3 other affected development from flood damages, implementing the enforcement 4 provisions of this ordinance or otherwise deterring future similar violations, or reducing 5 r ederal financial exposure with regard to the structure or other development. 6 7 Repetitive loss property means those structures for which two or more flood insurance 8 claims of more than one thousand ($1000) dollars havc been paid by the NFIP within any 9 ten (10) year period since 1978, and no NFIP-approved mitigation measures have been 10 made to the structurc. 11 12 Riverine means relating to, formed by, or resembling a river (including tributaries), 13 stream, brook, canal, etc. 14 15 Riverine floodplain means thc floodplain area identified by an analysis of the base flood 16 from rainfall. 17 18 Sand dune means naturally occurring accumulations of sand in ridges or mounds 19 landward of the beach. 20 21 Sanitary sewage collection/transmission systems means sewers, pipelines, conduits, 22 pumping stations, force mains, and all other facilities used for collcction and transmission 23 of wastewater from individual service connections to facilities intended for the purpose of 24 providing treatment prior to rclcase to the environment. 25 26 Severe repetitive loss property means those repetitive loss structures which have 27 incurred flood-related damage resulting in either: 28 . four (4) or more separate flood insurance claims payments exceeding five 29 thousand ($5000) dollars each and twenty thousand ($20,000) cumulatively, two 30 (2) of which paymcnts wcre made within a ten (10) year period; or 31 . at least two (2) separatc flood insurance elaims payments, where the cumulative 32 amount of the claims exceeds the value of the structure. 33 34 Shallow flooding means the same as area of shallow flooding. 35 36 Special flood hazard area (SFHA) means the same as area of special tlood hazard. 37 38 Start of construction [for other than new construction or substantial improvements 39 under the Coastal Barrier Resources Act (P.L. 97-348)], includes substantial 40 improvement, and means the date the building permit was issued, provided the actual 41 start of construction, rcpair, reconstruction, rehabilitation, addition or improvement was 42 within 180 days of the permit date. The actual start means the first placement of 43 permanent construction ofa building (including a manufactured home) on a site, such as 44 the pouring of slabs or footings. installation of piles, construction of columns, or any Page 16 of48 DRAFT 3-23-09 1 work beyond the stage of excavation or the placement of a manufactured home on a 2 foundation. Permanent construction does not include land preparation, such as clearing, 3 grading and filling; nor does it include excavation for a basement, footings, piers or 4 foundations or the erection of temporary forms; nor does it include the installation of 5 streets and/or walkways; nor does it include excavation for a basement, footings, piers or 6 foundations or the erection of temporary forms; nor does it include the installation on the 7 property of accessory buildings, such as garages or sheds not occupied as dwelling units 8 or not part of the main structure. 9 10 For a substantial improvement, the actual start of construction means the first alteration 11 of any wall, ceiling, floor, or other structural part of a building, whether or not that 12 alteration affects the external dimensions of the building. 13 14 State means the several states, the District of Columbia, the territories and possessions of 15 the United States of America, the Commonwealth of Puerto Rico, and the Trust Territory 16 of the Pacific Islands. 17 18 Structure means: 19 20 (1) for floodplain management purposes, a walled and roofed building, including a gas 21 or liquid storage tank that is principally above ground, as well as a manufactured 22 home. 23 24 (2) for flood insurance purposes, : 25 26 (a) A building with two or more outside rigid walls and a hIlly secured roof: that 27 is affixed to a permanent site; 28 (b) A manufactured home (also known as a mobile home), built on a permanent 29 chassis, transported to its site in one or more sections, and affixed to a 30 permanent foundation; or 31 (c) A travel trailer without wheels, built on a chassis and affixed to a permanent 32 foundation, which is regulated under the community's floodplain management 33 and building ordinances or laws. 34 35 For the latter purpose, "structure" does not mean a recreational vehicle or a park 36 trailer or other similar vehicle, except as described in sub-paragraph (2)( c) of this 37 definition, or a gas or liquid storage tank. 38 39 Substantial damage means damage of any origin sustained by a structure whereby the 40 cost ofrestoring the structure to its before damaged condition would equal or exceed 41 forty-nine (49) percent of the market value of the structure, based upon the most recent 42 Collier County property Appraiser valuation, before the damage occurred. 43 Page 17 of48 DRAFT 3-23-09 1 Substantial improvement means any reconstruction, rehabilitation, addition, or other 2 improvement of a structure, the cost of which equals or exceeds forty-nine (49) percent of 3 the market value of the structure before the "start of construction" of the improvement. 4 This term includes structures which have incurred "substantial damage", regardless of the 5 actual repair work performed. The term does not, however, include either: 6 7 (I) Any project for improvement of a structure to correct existing violations of state or 8 local health, sanitary. or safety code specifications which have been identified by 9 the local code enforcement of1icial and which are the minimum necessary to assure 10 safe living conditions; or 11 12 (2) Any alteration of a "historic structure'", provided that the alteration will not preclude 13 the structure's continued designation as a "historic structure". 14 15 Substantially improved existing manufactured bome parks or subdivisions is where 16 the rcpair, rcconstruction, rchabilitation or improvement of the streets, utilities and pads 17 cquals or exceeds forty-nine (49) percent of the value of the streets, utilitics and pads 18 before the repair, reconstruction or improvement commenced. 19 20 Superfund Amendments and Reauthorization Act (SARA) Title III means 'The 21 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 22 the original Superfund act, was passed by Congress in 1980 to clean up the nation's 23 hazardous waste sites. In response to continuing community concern about hazardous 24 materials and chemical release tragedies such as the incident in Bohpal, India, a 25 reauthorization and expansion of Supcrfund was signed into law October 17, 1986. It is 26 known as the SARA. Title 111 of SARA created a new nationwide program known as the 27 Emergency Planning and Community RighHo-Know Act (EPCRA)." 28 29 30 Variance means a grant of relief from the requirements of this ordinance which permits 31 construction in a manner that would otherwise be prohibited by this ordinance. 32 33 Velocity water means water moving at high velocity in association with coastal storm 34 surge and wave action within V -zones. 35 36 Vertical datum means a zero surface from which elevations or heights are referred. 37 Prior to establishing a national vertical standard datum many communities created their 38 own vertical datum. The original FIRMs prepared by FEMA were based on the 39 "National Vertical Datum of 1929" (NGVD 1929), formerly known as "Sea Level Datum 40 of 1929". The current national datum is the "North American Vertical Datum of 1988" 41 (NA VI) 1988). Collier County FIRMs prepared by FEMA with an effective date of 42 November 17,2005 are based upon NA VD 1988 with the equivalent NGVD 1929 data. 43 Page 18 of 48 DRAFT 3-23-09 I Violation means the failure of a structure or other development to be fully compliant 2 with Collier County's flood plain management regulations. A structure or other 3 development without the elevation certificate, other certifications, or other evidence of 4 compliance required in this ordinance is presumed to be in violation until such time as the 5 docun1entation is provided. 6 7 V-zone means any type ofSFHA flood zone designation that begins with the letter "V". 8 V -Zones are velocity zones where velocity flow and wave height of three feet (3') or 9 greater is anticipated to occur during a base flood event. It is not intended to refer to only 10 the specific designation of Zone V that does not have an established base flood elevation. 11 12 Watercourse means a lake, river, creek, stream, canal, wash, channel, slough, flowway 13 or other topographic feature within, on, or over which waters flow at least periodically. 14 Watercourse includes specifically designated areas in which substantial flood damage 15 may occur. 16 17 Water surface elevation means the height, in relation to the NA VD or the NGVD of 18 floods of various magnitudes and frequencies in the flood plains of coastal or riverine 19 areas. 20 21 22 SECTION 6: ACRONYMS 23 24 BCC = Collier County Board of County Commissioners 25 BFE = Base Flood Elevation 26 CCCL = Coastal Construction Control Line 27 CRS = Community Rating System 28 EP A = Environmental Protection Agency 29 EPCRA = Emergency Planning and Community Right-to-Know Act 30 FEMA = Federal Emergency Management Agency 31 FIRM = Flood Insurance Rate Map 32 F1S = Flood Insurance Study 33 LDC = Collier County Land Development Code 34 LO MA ~ Letter of Map Amendment 35 LOMR = Letter of Map Revision 36 MSL = Mean Sea Level 37 NA VD = North American Vertical Datum 38 NFlP = National Flood Insurance Program 39 NGVD = National Geodetic Vertical Datum 40 SARA = Superfund Amendments and Reauthorization Act 41 SFHA = Special Flood Hazard Area 42 43 44 SECTION 7: LANDS TO WHICH THIS ORDINANCE APPLIES Page 190[48 DRAFT 3-23-09 1 2 This ordinance shall apply to all areas of unincorporated Collier County, including the 3 SFHA, within the jurisdiction of the BCC. 4 5 6 SECTION 8: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD 7 HAZARD 8 9 Areas of special flood hazard as identified by FEMA in the Flood Insurance Studyfor 10 Col/ier County, Florida, and Incorporated Areas, dated November 17, 2005, with 11 accompanying FIRM, dated November 17, 2005, and any subsequent revisions thereto, 12 are adopted by reference and dcelared to bc a part of this Ordinance. The F1S and 13 accompanying FIRM shall be on file and be open for public inspection at the Collier 14 County Community Devclopmcnt and Environmental Services Division, 2800 North 15 llorseshoe Drive, Naples. 1'1, 34104, or other location as determined by the County 16 Manager. 17 18 19 SECTION 9: DESIGNATION OF FLOODPLAIN ADMINISTRATOR 20 21 (1) The County Manager or his designee shall administer and implement the provisions 22 of this ordinancc. Thc Administrator of the Community Development and 23 Environmental Services Division, or successor. is the designated Floodplain 24 Administrator. 25 26 (2) Duties of the Floodplain Administrator shall include, but are not limited to: 27 28 (a) Implement and ovcrsec all aspects of the NF1P as identified by this ordinance; 29 30 (b) Review pcrmits to assurc sites are rcasonably safe from flooding: 31 32 (c) Review all devclopment permits to assure that the permit requirements of this 33 ordinance have been satisfied; 34 35 (d) Advise permittee that additional Federal, Stale of Florida, or local permits 36 may be required, and if such additional permits are necessary, especially as it 37 relates to Chapters 161.053: 320.8249; 320.8359: 373.036; 380.05; 381.0065, 38 and 553, Part IV, Florida Statutes, require that copies of such permits be 39 provided and maintained on tile with the dcvelopment pcrmit; 40 41 (e) Require the permittee to notify adjacent communities, the Florida Department 42 of Community Affairs, Florida Division of Emergency Management, the 43 South Florida Water Management District, the Federal Emergency 44 Management Agency and other Federal and/or State of Florida agencies with Page 20 of 48 DRAFT 3-23-09 1 statutory or regulatory authority prior to any capacity alteration or relocation 2 of a watercourse; 3 4 (f) Assure that maintenance is provided within the altered or relocated portion of 5 said watercourse so that the flood-carrying capacity is maintained; 6 7 (g) Verify and record the actual elevation, in relation to the NA VD, of the lowest 8 floor (Zones A, AI-A30, AE, AH, or AO) or bottom of the lowest horizontal 9 structural member of the lowest floor (Zones V, V 1- V30, or VE) of all new or 10 substantially improved buildings, in accordance with Section 16(1) and (2), 11 Section 17(15) and (18), Section 18(1) and (2), and Section 19(2) of this 12 ordinancc, respectively; 13 14 (h) Verify and record the actual elevation, in relation to the NA VD, to which the 15 new or substantially improved non-residential buildings have been 16 floodproofed, in accordance with Section 16(1) and (2), Section 17(15) and 17 (19), Section 18(2), and Section 19(2) of this ordinance; 18 19 (i) Review certified plans and specifications for compliance; 20 21 (j) Interpret the exact location of boundaries of the areas of special flood hazard. 22 When there appears to be a conflict between a mapped boundary and actual 23 field conditions, the Floodplain Administrator shall make the necessary 24 interpretation. The person contesting the location of the boundary shall be 25 given a reasonable opportunity to appeal the interpretation as provided in this 26 ordinance; 27 28 (k) When base flood elevation data or flood way data have not been provided in 29 accordance with Section 8 of this ordinance, the Floodplain Administrator 30 shall obtain, review and reasonably utilize any base flood elevation and 31 flood way data available from a Federal, State of Florida, or any other reliable 32 and properly documented source, in order to administer the provisions of this 33 ordinance; 34 35 (1) Coordinate all change requests to the FlS and FIRM with the requester, the 36 State of Florida, and FEMA, and 37 38 (m) Where base flood elevation is utilized, obtain and maintain records of lowest 39 floor and floodproofing elevations for new construction and substantial 40 improvements in accordance with this ordinance, and make provisions for 41 public records inspection. 42 43 44 SECTION 10: DEVELOPMENT PERMIT REQUIRED Page 21 of48 DRAFT 3-23-09 1 2 A development permit shall conform to the provisions of this ordinance prior to the start 3 of development or construction activities. 4 5 6 SECTION 11: COMPLIANCE 7 8 No structure or land shall hereafter be located, extended, converted or structurally altered 9 without full compliance with the terms of this ordinancc and applicable law and 10 regulations. 11 12 13 SECTION 12: ABROGATION AND GREATER RESTRICTIONS 14 15 This ordinance is not intended to repeal, abrogate, or impair any existing easements, 16 covenants, or deed restrictions. Howcvcr, where this ordinance and another conflict or 17 overlap, the more stringent restrictions shall prevail. 18 19 20 SECTION 13: INTERPRETATION 21 22 In the interpretation and application of this ordinance all provisions shall be: 23 24 (1) considered as minimum rcquircmcnts; 25 26 (2) liberally construed in favor of the BCC. and 27 28 (3) deemed neither to limit nor repeal any other powers granted under State of Florida 29 statutes. 30 31 32 SECTION 14: WARNING AND DISCLAIMER OF LIABILITY 33 34 The degree of flood protection required by this ordinance is considered reasonable for 35 regulatory purposes and is based on scientific and engineering consideration. Larger 36 floods can and will occur on rare occasions. Flood heights may be increased by man- 37 made or natural causcs. This ordinancc does not imply that land outside the areas of 38 special flood hazard or uscs permitted within such areas will be tree from tlooding or 39 tlood damages. This ordinance shall not create liability on the part of the BCC or by any 40 ofJicer or employee thereof for any flood damages that result from reliance on this 41 ordinance or any administrative decision lawfully made thereunder. 42 43 44 SECTION 15: PENALTIES FOR VIOLATION Page 22 of 48 DRAFT 3-23-09 1 2 If any person, firm or corporation, whether public or private, or other entity fails or 3 refuses to obey or comply with or violates any of the provisions of this ordinance, such 4 person, firm, corporation or other entity, upon conviction of such offense, shall be guilty 5 of a misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500.00) 6 or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the 7 discretion of the Court (Chapter 125.69 Florida Statute). Each violation or non- 8 compliance shall be considered a separate and distinct offense. Each day of continued 9 violation or non-compliance shall be considered as a separate of1ense. 10 11 Nothing herein contained shall prevent or restrict the County from taking such other 12 lawful action in any court of competent jurisdiction as is necessary to prevent or remedy 13 any violation or non-compliance. Such other lawful actions shall include, but shall not be 14 limited to, an equitable action for injunctive relief or an action at law for damages. 15 Nothing in this section shall be construed to prohibit the County from prosecuting any 16 violation of this ordinance by means of a Code Enforcement Board or Special Magistrate 17 established pursuant to the authority of Chapter 162, Florida Statutes. 18 19 All remedies and penalties provided for in this section shall be cumulative and 20 independently available to the County, and the County shall be authorized to pursue any 21 and all remedies set forth in this Section to the full extent allowed by law. 22 23 24 SECTION 16: PERMIT APPLICATION PROCEDURES 25 26 Application for a Development Permit shall be made on forms provided by the 27 Floodplain Administrator prior to any development activities, and may include, but not be 28 limited to, the construction plans drawn to scale showing the nature, location, 29 dimensions, and elevations of the area in question; existingor proposed structures, 30 earthen fill, storage of materials or equipment, drainage facilities, and their location. 31 Specifically, the following information is required: 32 33 (I) Application Stage: 34 35 (a) Elevation in relation to the NA VD of the proposed lowest floor (including 36 basement) of all buildings; 37 38 (b) Elevation in relation to the NA VD to which any non-residential building will 39 be flood-proofed; 40 41 (c) Certification from a registered professional engineer or registered professional 42 architect that the non-residential flood-proofed building will meet the flood- 43 proofing criteria required by this ordinance; 44 Page 23 of 48 DRAFT 3-23-09 (d) Description of the extent to which any watercourse will be altered or relocated 2 as a result of proposed development; and 3 4 (e) Elevation in relation to the NA VD of the bottom of the lowest horizontal 5 structural member of the lowest floor and provide a properly signed and 6 sealed certification trom a registered professional engineer or registered 7 professional architect indicating that they have developed and/or reviewed the 8 structural designs, specifications and plans of the construction and that these 9 items comply with accepted standards of practice in coastal high hazard 10 arcas. 11 12 (t) Location and NA VD elevation of a temporary bench mark on site, established 13 by a registered professional land surveyor or professional surveyor and 14 mappcr, that will remain until the final certificate of occupancy has been 15 issued. 16 17 (2) Construction Stage: 18 19 (a) Upon placement of the lowest floor, or floodproofing by whatever 20 construction means, or bottom of the lowest horizontal structural member it 21 shall be the duty of the permit holder to submit, within ten (10) calendar days, 22 to the Floodplain Administrator a certification of thc NA VD elevation of the 23 lowest floor or tloodprooted elevation. or bottom of the lowest horizontal 24 structural member as built, in relation to mean seal level. Said certification 25 shall bc prepared by, or under the dircct supervision o( a registered 26 professional land surveyor or professional surveyor and mapper and certified 27 by same. 28 29 (b) When floodprooting is utilized for a particular building, said certification of 30 the installation of thc floodprooting shall be prepared by, or under the direct 31 supervision o[ a registered protessional engineer or registered professional 32 architect and certilied by same. 33 34 (c) Any additional work undcrtaken within the ten (10) calendar day period 35 and/or prior to submission of the certification shall be at the permit holder's 36 risk. The Floodplain Administrator shall review the lowest tloor and 37 floodproojing elevation survey data submitted for confonnance. The permit 38 holder, immediately, and prior to further progressive work being permitted to 39 proceed, shall corrcct defIciencies and/or violations detected by such revie\\;". 40 Failure to submit the surveyor failure to make required corrections, shall be 41 cause to issue a stop-work order for the project. 42 43 (d) Prior to thc issuance of a final certiticate of occupancy, the applicant shall 44 furnish the Floodplain Administrator with the following: Page 24 of 48 DRAFT 3-23-09 1 2 (i) A signed and sealed certification by a registered professional land 3 surveyor or professional surveyor and mapper that the finished structure 4 meets the minimum base flood elevation (plus any freeboard as may be 5 required by this ordinance) indicated on the effective FIRM or FISas 6 issued by FEMA; and 7 8 (ii) A signed and sealed certification by a registered professional engineer or 9 registered professional architect that the construction of all foundation 10 walls, shear walls, posts, piers, columns, pilings, breakaway walls, 11 equalization vents, and required flood proofing are in compliance with 12 this ordinance. 13 14 (3) Dispute Resolution Procedure 15 16 Periodically, disputes may arise over procedures in this ordinance. In those cases, 17 permit applicants may appeal stafT decisions to the Floodplain Administrator before 18 they rise to the level of Appeals to the Board of Zoning Appeals as described in 19 Section 26 of this ordinance. There is no separate, or additional, application fee for 20 this internal level of dispute resolution. The Floodplain Administrator will utilize 21 an appropriate method to obtain a fllllllnderstanding of the issue(s) with the 22 applicant and staff before making a determination. That determination will be 23 provided in writing to the applicant and a copy included in the application file. 24 25 SECTION 17: GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION 26 27 In all areas of unincorporated Collier County, including the SFHA, all development sites 28 including new construction and substantial improvements shall be reasonably safe from 29 flooding, and meet the following provisions: 30 31 (I) New construction and substantial improvements shall be designed or modified and 32 adequately anchored to prevent flotation, collapse or lateral movement of the 33 structure resulting from hydrodynamic and hydrostatic loads, including the effects 34 of buoyancy; 35 36 (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral 37 movement pursuant to the Florida Building Code. Mobile homes shall be anchored 38 in accordance with the manufacturer's installation instructions to prevent flotation, 39 collapse, or lateral movement as tested, listed and approved by the Florida 40 Department of Highway Safety and Motor Vehicles, Bureau of Mobile Home and 41 Recreational Vehicle Construction. Methods of anchoring may include, but are not 42 limited to, use of over-the-top or 1rame ties to ground anchors. This standard shall 43 be in addition to and consistent with applicable State of Florida requirements for 44 resisting wind forces; Page 25 of 48 DRAFT 3-23-09 1 2 (3) New construction and substantial improvements shall be constructed with materials 3 and utility equipment resistant to flood damage. See applicable FEMA Technical 4 Bulletin or Bulletins for guidance: 5 6 (4) New construction or substantial improvements shall be constructed by methods and 7 practices that minimize flood damage. See applicable FEMA Technical Bulletin or 8 Bulletins for approved methods and practices; 9 10 (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other 11 servicc facilities, including duct work, shall be designed and/or located to prevent 12 water from entering or accumulating within the components or causing damage to 13 the components during conditions of flooding; 14 15 (6) New and rcplacement water supply systems shall bc dcsigned to mInImIze or 16 eliminate infiltration of flood waters into the system; 17 18 (7) New and replacement sanitary sewage collection/transmission systems shall bc 19 designed to minimize or eliminate infiltration of flood waters into the systems and 20 discharges frOlTI the systems into flood waters; 21 22 (8) On-site waste sewage treatment and disposal systems shall be located and 23 constructed to avoid impairment to them or contamination from them during 24 flooding; 25 26 (9) All meter enelosures for self:contained c1ectric kilowatt hour meters serving 27 buildings shall be located no lower than one (1) f~)ot above the base flood elevation, 28 depth of flooding, or other identified flood level indicator. If complying with this 29 regulation results in a vertical distance trOlTI finished grade to the center of the 30 meter or mctcrs of more than six (6) ICct. thc meter enclosure shall be located on the 31 outside of an exterior wall with an unobstructed and ready access from an open 32 exterior stairway. When it is necessary to use a stairway for access to a meter, the 33 vertical distance trom the tread of the stairway to the center of the meter shall be 34 f()ur (4) to six (6) fect. The meter shall bc placed in a position that will not obstruct 35 stairway traffic. On multi-unit buildings. mctcrs and mcter cnclosures will bc 36 allowed in a mcter room inside the building provided they are no lower than one (1) 37 j()ot above the base flood elevation, depth of flooding, or other identified flood level 38 indicator; 39 40 (10) Any alteration, repair, reconstruction or improvements to a building that is in 41 compliance with the provisions of this ordinance shall meet the requirements of 42 "new construction" as defined in this ordinance; 43 Page 26 of 48 DRAFT 3-23-09 I (11) Any alteration, repair, reconstruction or improvements to a building not in 2 compliance with the provisions of this ordinance, shall be undertaken only if said 3 non-conformity is not furthered, extended, or replaced; 4 5 (12) All applicable additional Federal, State, and local permits shall be obtained and 6 submitted to the Floodplain Administrator. Copies of such permits shall be 7 maintained on file with the approved development pemlit. State permits may 8 include, but not be limited to the following: 9 10 (a) South Florida Water Management District: in accordance with Chapter 11 373.036 Florida Statutes, Section (2)(a) - Flood Protection and Floodplain 12 Management. 13 14 (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. 15 Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida 16 Building Code. 17 18 (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite 19 Sewage Treatment and Disposal Systems. 20 21 (d) Department of Environmental Protection, CCCL: in accordance with Chapter 22 161.053 Florida Statute Coastal Construction and Excavation. 23 24 (13) Standards for Subdivision Proposals and other Proposed Development (including 25 manufactured homes): 26 27 (a) All subdivision proposals shall be consistent with the need to minimize flood 28 damage; 29 30 (b) All subdivision proposals shall have public utilities and facilities such as 31 sewer, gas, electrical, and watcr systems located and constructed to minimize 32 or eliminate flood damage; 33 34 (c) All subdivision proposals shall have adequate drainage provided to reduce 35 exposure to flood hazards. 36 37 (14) Elevation Standards 38 39 (a) Elevation within A Zones may be achieved by the placement of the building 40 on properly designed and compacted fill (ASTM D-698 or equivalent) that 41 extends at least three (3) feet beyond the building walls before dropping below 42 the base flood elevation and has appropriate protection from erosion and 43 scour. 44 Page 27 of 48 DRAFT 3-23-09 1 (b) Elevation within A Zones may be achieved by use of stem wall construction 2 with the interior portion of the stem wall being backfilled with a properly 3 designed and compacted fill (ASTM D-698 or equivalent in compliance with 4 the Collier County Building Code ordinance). Additional fill for aesthetic or 5 landscaping purposes may be placed outside of the stemwall with appropriate 6 protection from erosion and scour. 7 8 (c) Elevation within A Zones may be achieved by use of solid foundation 9 perimeter walls, shear walls, posts, piers, columns, or pilings. Should solid 10 foundation perimeter walls be used to elevate a structure, openings sufficient 11 to facilitate automatic equalization of flood hydrostatic forces on both sides of 12 the exterior walls shall be provided in accordance with standards of Section 13 18(3). Fill for aesthetic or landscaping purposes adjacent to the building may 14 be placed on the property with appropriate protection from erosion and scour. 15 16 (d) Where fill is placed on a property, the total volume of fill placement within 17 the riverine floodplain (except f(lr the minimum amount rcquircd to construct 18 a septic tank, drainfield, and single lane driveway, if applicable) must be 19 compensated by the establishment of an equivalent amount of available 20 floodwater storage (between the wet season water table and the base flood 21 elevation) within the same riverine floodplain drainage basin and within 22 reasonable proximity as determined by the Floodplain Administrator. 23 24 (e) Elevation within V Zones may be achieved by use of foundation walls, shear 25 walls, posts, piers, columns, or pilings so that no obstruction to the passage of 26 waves and high velocity water is crcatcd. Elevation within V Zones must be 27 achieved in accordance with Section 20 of this ordinance. 28 29 (15) A minimum of one toot (1') of trceboard is rcquired for the lowest floor or lowest 30 horizontal structural member of the lowest floor, electrical, heating, ventilation, 31 plumbing, air conditioning equipment and other service facilities, ineluding duct 32 work. The freeboard requirement is generally included in subsequent subsections 33 of this ordinance, but is an overall requirement whether or not specifically 34 mentioned elsewhere. Freeboard is added to the base flood elevation, identified 35 flooding depth, estimated flood elevation (lor Zone A), and South Florida Water 36 Management District 1 OO-year/zero discharge elevation, whichever is applicable. 37 38 (16) Development utilizing a designed stormwater management system to contain the 39 runoff and discharge through a control structure shall be designed to meet or exceed 40 the minimum water quantity and quality requirements established by thc South 41 Florida Water Management District, or the LDC, whichever is applicable and morc 42 restrictive. 43 Page 28 of 48 DRAFT 3-23-09 1 (17) Adequate drainage facilities around structures shall be provided on slopes to guide 2 water away from structures. No significant stormwater drainage is permitted to 3 flow from the subject premises onto abutting properties or into adjoining waters that 4 are not County-approved drainage systems. 5 6 (18) Residential Construction - New construction or substantial improvement of any 7 residential structure shall have the lowest floor, elevated to or above the base flood 8 elevation, plus any required freeboard. 9 10 (19) Non-residential Construction - New construction and substantial improvements of 11 non-residential structures shall, (i) have the lowest floor (including basement) 12 elevated to or above the base flood level plus any required freeboard or (ii) together 13 with the attendant utility and sanitary facilities, be designed so that below the base 14 flood level, plus one (1) foot plus any required freeboard, the structure is essentially 15 waterproofed with walls substantially impermeable to the passage of water and with 16 structural components having the capability of resisting hydrostatic and 17 hydrodynamic loads and effects of buoyancy. Floodproofing is prohibited in the 18 velocity (V) zones. 19 20 (20) Emergency generators for standpipe systems in accordance with the requirements of 21 the Collier County Building Code or other applicable Collier County ordinances 22 must be located at least one (1) foot above the base flood elevation level. Generator 23 fuel tanks must be waterproofed and vented at least one (I) foot above the base 24 flood elevation level. 25 26 (21) Within the special flood hazard areas, in riverine-type situations, require the 27 permittee to notify adjacent communities, the Florida Department of Community 28 Affairs, NF1P Coordinating Office, and the South Florida Water Management 29 District prior to any alteration or relocation of a watercourse, and submit copies of 30 such notifications to FEMA and the Floodplain Administrator. Assure that the 31 flood carrying capacity within the altered or relocated portion of any watercourse is 32 maintained. 33 34 35 SECTION 18: SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD 36 ELEVATIONS AND WITHOUT REGULATORY FLOODWAYS. 37 38 In all A-Zones where base flood elevation data has been provided (Zones AE, Al-30, 39 and AH), as set forth in Section 8 the following provisions shall apply: 40 41 (I) Residential Construction 42 43 All new construction or substantial improvement of any residential building 44 (including manufactured home) shall have the lowest floor, including basement, Page 29 of 48 DRAFT 3-23-09 1 electrical, heating, ventilation, plumbing, air conditioning equipment and other 2 service facilities, including duct work, and air conditioned space elevated to no 3 lower than one foot above the base flood elevation. Where solid foundation 4 perimeter walls are used to elevate a structure, openings sufficient to facilitate 5 automatic equalization of flood hydrostatic forces on both sides of the exterior walls 6 shall be provided in accordance with standards of Section 18(3). Where stem wall 7 construction is utilized and the interior area of the stem wall is filled with 8 compacted fill able to rcsist flood hydrostatic forces on the exterior of the stem 9 wall, openings to allow automatic equalization of flood hydrostatic forces are not 10 required. 11 12 (2) Non-Residential Construction 13 14 All new construction or substantial improvement of any commercial, industrial, or 15 non-residential building (including manufactured home) shall have the lowest floor, 16 ineluding basement. electrical. heating, ventilation, plumbing, air conditioning 17 equipment and other service facilities, including duct work, and air conditioned 18 space elevated to no lower than one Il)ot above the base tlood elevation. Where 19 sol id !()Undation perimeter walls are used to c1cvatc a structurc, openings sufficient 20 to facilitate automatic equalization of flood hydrostatic forces on both sides of the 2l exterior walls shall be provided in accordance with standards of Section 18(3). 22 Where stem wall construction is utilizcd and the interior area of the stem wall is 23 filled with compacted 1111 able to resist flood hydrostatic forces on the exterior of 24 thc stem wall, openings to allow automatic equalization of flood hydrostatic forces 25 are not requircd. 26 27 1 r sufficient in!~)rmation IS provided to the Floodplain Administrator to clearly 28 demonstrate the uniquc site limitations that pose a hardship in meeting the 29 minimum elevation requirements, and the Floodplain Administrator agrees with this 30 infom1ation, non-residential buildings located in A-Zones may be dry flood- 31 proofed, in lieu of being c1evated, provided that all areas of the building 32 components below the base flood elevation plus one (1) foot, plus any required 33 frccboard (other than areas uscd solely for parking, access or storage), are 34 floodproofed. 35 36 Additionally, for certain "open" non-residential buildings (e.g. car wash) where 37 there is not a total enclosure of the building area, wet tloodprootlng is allowable 38 provided that the wet floodproofing extends to no lower than one foot above the 39 base flood elevation, plus any required freeboard. 40 41 A registered professional engineer or registered prolCssional architect shall certify 42 that the standards of this subsection arc satisfied using the FEMA Floodproofing 43 Certificate. Such certification along with the corresponding engineering data, and Page 30 of48 DRAFT 3-23-09 1 the operational and maintenance plans shall be provided to the Floodplain 2 Administrator. 3 4 (3) Elevated Buildings 5 6 New construction or substantial improvements of elevated buildings that include 7 fully enclosed areas formed by foundation and other exterior walls below the lowest 8 floor elevation shall be designed to preclude finished living and/or air conditioned 9 space and designed to allow for the entry and exit of floodwaters to automatically 10 equalize hydrostatic flood forces on exterior walls. 11 12 (a) Designs for complying with this requirement must be certified by a registered 13 professional engineer or registered professional architect and meet the 14 following minimum criteria: 15 16 (i) Provide a minimum of two openings, both of which may not be on the 17 same exterior wall, having a total net area of not less than one square 18 inch for every square foot of enclosed area subject to flooding; 19 20 (ii) The bottom of all openings shall be no higher than one foot above the 21 foundation adjacent exterior grade; and 22 23 (iii) Openings may be equipped with screens, louvers, valves, or other 24 coverings or devices provided they meet the required net area of the 25 openings and pennit automatic flow of floodwaters in both directions. 26 27 (b) Fully enclosed areas below the lowest floor shall solely be used for parking of 28 vehicles, storage, and building access and constructed of materials able to 29 withstand submergence, without damage, for prolonged periods of time. 30 Access to the enclosed area shall be the minimum necessary to allow for 31 parking of vehicles (garage door), limited storage of maintenance equipment 32 used in connection with the premises (standard exterior door), or entry to the 33 living area (stairway or elevator); and 34 35 (c) The interior portion of such enclosed area shall not be finished, partitioned 36 into separate rooms or air conditioned. Any electrical, heating, ventilation, 37 plumbing, air conditioning equipment and other service facilities, including 38 duct work, shall be located no lower than one foot above the base flood 39 elevation unless designed to withstand fully submerged conditions for 40 prolonged periods of time or enclosed in waterproof housings designed for 41 fully submerged conditions at a depth equal or greater than the hydrostatic 42 load created by flooding. 43 44 (4) Manufactured Homes and Recreational Vehicles Page 31 of48 1 2 , ~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 DRAFT 3-23-09 (a) Manufactured homes that are placed, or substantially improved, within Zones AI-30, AH, and AE, on sites: (i) outside of an existing manufactured home park or subdivision, (ii) in a ncw manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an cxisting manufactured home park or subdivision on which a manul:'lctured home has incurred "substantial damage" as the result of a flood, shall be elevated on and securely anchored to a permanent foundation system so that the lowest tloor and all air conditioned space, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, arc no lower than one foot abovc the base flood elevation. The pcrmanent f(mndation system must be able to withstand flotation, collapse, and lateral movement. (b) Manufactured homes to be placed or substantially improved in an eXlstmg manufactured home park or subdivision within Zones Al-30, AH, and AE, that are not subjcct to the provisions of Section 18(4)(a), must bc elevated so that: (i) The lowest floor and all air conditioned space, c1ectrical, heating, vcntilation, plumbing, air conditioning cquipment and other service facilities, including duct work, of the manufactured home is elevated to no lower than one foot above the base flood elevation, and (ii) The manufactured home chassis is supported by reinforced piers, or other foundation clements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to withstand flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones AI-3D. AR and AE must either: (i) Be on the silt: for fewer than 180 consecutive days and, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready I<)r highway use if il is on its wheels or jacking system, is attached (0 the sile only by quick disconnect type utilities and security devices Page 32 of 48 1 2 3 4 5 6 7 8 (5) 9 10 11 12 13 14 15 16 17 18 I (6) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (7) 41 42 43 44 DRAFT 3-23-09 and has no permanently attached additions), with a plan for removal in case of a flooding threat, or (iii) If not able to comply with items (i) and (ii), meet all the requirements for new construction, including anchoring and elevation requirements in accordance with Section 18(4)(a) and (4)(b) ofthis ordinance. Site Drainage Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is permitted to flow from the subjeet premises onto abutting properties or into adjoining waters that are not County-approved drainage systems. Within Zones AH and AO, adequate drainage paths around structures, and around or through developments, must be provided to guide floodwaters around and away from proposed and existing structures without an increase in the base flood elevation or depth. Non-coastal Zone AE Areas with established BFE and no_identified regulatory floodways Located within the SFHA established in Section 8 where non-coastal Zone AE areas exist for which base flood elevation data has been provided by FEMA without the delineation of the regulatory floodway, the following additional provisions shall also apply. (a) Until regulatory floodways are designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within the SFHA, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (b) Development activities which, when combined with all other existing and anticipated development, propose to increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies - with the community's endorsement ~ for a conditional FIRM revision, and receives the approval of FEMA. Structures Located Seaward of the Coastal Construction Control Line For all structures located seaward of the CCCL, the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new construction and substantial improvements shall be Page 33 of 48 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (3) 35 36 37 38 39 40 41 42 43 44 DRAFT 3-23-09 elevated to the regulatory flood elevation established by the Florida Department of Environmental Protection or at least one (1) foot above the BFE established by FEMA in accordance with Section 8, whichever is higher. All non-elevation design requirements of Section 20 shall apply. SECTION 19: SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODW A YS. Located within the areas of special flood hazard established in Section 8, may be A Zones for which no BFE data and regulatory floodways have bcen provided or designated by FEMA, and the following provisions apply: (I) Require standards of Section 17. (2) The Floodplain Administrator shall rcview and reasonably utilize the BFE and floodway data available from a FcderaL State of Florida, or any other reliable and properly documented source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 18 shall apply. The Floodplain Administrator shall: (a) Obtain the NA VI) elevation (in relation to the MSL) of the lowest floor and all air conditioned space, including the basement, electrical, heating, ventilation, plumbing. air conditioning cquipment and other service facilities, ineluding duct work, of all ncw and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 18(2), the NA VD elevation in relation to the MSL to which the structure has becn floodproofed, and (c) Maintain a record of all such infe)f]l1ation. Manufactured homes shall be installed using methods and practices that minimize flood damage and shall be elevated on and securely anchored to a permanent foundation system so that thc lowest floor and all air conditioned space, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work. are no lower than one j~)ot above the elevation established in Section 19(2). The permanent l~lUndation :;)'stem must be able to withstand flotation, collapse. and lateral movcmcnt. Methods of anchoring may incllldc, but arc not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicablc State of Florida and local anchoring reqlliremcnts for resisting wind forccs. Page 34 of 48 DRAFT 3-23-09 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (4) When the data is not available from any source as in Section 19(2), the lowest floor and all air conditioned space, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of the structure shall be elevated to no lower than four (4) feet above the highest adjacent grade unless on-site or nearby seasonal water level indicators establish that the high wet season water elevations are higher than the highest adjacent grade. In that situation, the structure's elevation requirements shall be measured from the high wet season water elevation. (5) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. SECTION 20: SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES). Located within the SFHA established in Section 7 are Coastal High Hazard Areas, designated as Zones VI-30 or VE withBFE. These areas have special flood hazards associated with high velocity waters from tidal surge and hurricane wave wash. The following provisions shall apply for all development activities within the Coastal High Hazard Areas (V-zones): (1) Meet the Requirements of Section 16_and Section 17 [except 17(2) and 17(14 a-d)]. (2) All new construction and substantial improvements in Zones Vl-V30 and VE shall be elevated on shear walls, posts, piers, pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor and all air conditioned space (excluding the shear walls, posts, piers, pilings or columns) electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work is elevated 10 no lower than one foot above the BFE whether or not the structure contains a basement; and (b) The shear wall, post, pier, pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the etfects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with one foot above the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. Utility service risers shall be located and Page 35 of 48 DRAFT 3-23-09 1 designed for protection against wind, water, waves and debris impacts 2 anticipated with the base tlood. 3 4 (3) A registered professional engineer or registered professional architect shall develop 5 or review the structural design, specifications and plans for the construction, and 6 shall certify that the design and methods of construction to be used are in 7 accordance with accepted standards of practice for meeting the provisions of this 8 Section. 9 10 (4) Obtain the NAVD elevation of the bottom of the lowest horizontal structural 11 member of the lowest floor (excluding shear walls, posts, piers, pilings and 12 columns) of all new and substantially improved structures. The Floodplain 13 Administrator shall maintain a rccord of all such infomlation. 14 15 (5) All new construction and substantial improvcments shall be located landward of the 16 reach of mean high tide. 17 18 (6) Provide that all new construction and substantial improvements have the spacc 19 below thc lowcst floor eithcr frec of obstruction or constructed with non-supporting 20 breakaway walls, open wood lattice-work, or insect screening intended to collapse 21 under wind and water loads without causing collapse, displacement, or other 22 structural damage to the elevatcd portion of the building or supporting foundation 23 system. For the purpose of this section, a breakaway wall shall have a design safc 24 loading resistance of not less than ten (10) and no more than twenty (20) pounds per 25 square foot. Usc of breakaway walls which exceed a design safe loading resistance 26 of twenty (20) pounds per square I()ot (either by design or when so required by local 27 codes) may be permitted only if a registered profCssional engineer or registered 28 professional architect certifies that the designs proposed meet the following 29 conditions: 30 31 (a) Breakaway wall collapse shall result from water load less than that which 32 would occur during the base tlood; and 33 34 (b) The elevated portion of the building and supporting foundation system shall 35 not be subject to collapse, displacement, or other structural damage due to the 36 cffects of wind and water loads acting simultaneously on all building 37 components (structural and nonstructural). The water loading shall bc thosc 38 values associated with one (1) foot above the base tlood. The wind loading 39 values shall be thosc required by applicable Florida or local, if morc stringent 40 than those of the State of Florida, building standards. 41 42 Such enclosed space shall be useable solely for parking of vehicles, building access, 43 or storage and shall not be finished, partitioned into multiple rooms, or temperature- 44 controlled (air conditioned). Page 36 of 48 DRAFT 3-23-09 1 2 (7) Prohibit the use of fill for structural support. No development permit shall be 3 issued for development involving till in Coastal High Hazard Areas unless it has 4 been demonstrated through appropriate engineering analyses that the subject fill 5 does not cause any adverse impacts to the structure on site or adjacent structures. 6 Placement of fill that could result in an increase in the BFE or cause adverse 7 impacts by wave ramping and deflection may be permitted, provided that the permit 8 applicant first applies for and receives a conditional FIRM revision, fulfilling the 9 requirements for such revisions as established by FEMA. 10 11 (8) All swimming pools within the Coastal High Hazard Area, as defined by this 12 ordinance, shall be anchored to a shear wall, post, pier, pile or column foundation to 13 resist flotation, collapse and lateral movement due to the effects of wind and water 14 loads acting simultaneously on the pool. An exception to this is for above ground 15 pools for the private use of a one or two family dwelling that is constructed with a 16 vinyl liner as the main component. 17 18 (9) Prohibit man-made alteration of sand dunes and mangrove stands that would 19 increase potential flood damage. 20 21 (10) Standards for Manufactured Homes 22 23 (a) No manufactured home shall be placed in the Coastal High 1-1azard Area 24 except in an existing manufactured home park or existing manufactured home 25 subdivision. 26 27 (b) All manufactured homes to be placed or substantially improved on sites in the 28 Coastal High Hazard Area: 29 30 (i) In an expansion to an existing manufactured home park or subdivision, 31 or, 32 33 (ii) In an eXlstmg manufactured home park or subdivision in which a 34 manufactured home has incurred "substantial damage" as the result of a 35 flood, must meet the standards of Section 20(2) though (9), 36 37 (c) All manufactured homes placed or substantially improved on other sites in an 38 existing manufactured home park or subdivision shall meet the requirements 39 of Section 18(4) (b). 40 41 (II) Recreational vehicles placed on sites within Zones VE, Vl-V30, or V (withBFE) 42 on the FIRM must be within an existing recreational vehicle park or recreational 43 vehicle subdivision and either 44 Page 37 of 48 DRAFT 3-23-09 1 (a) Be on the site for fewer than 180 consecutive days, and 2 3 (b) Be fully licensed and ready for highway use (on its wheels or jacking system, 4 is attached to the site only by quick disconnect type utilities and security 5 devices, and has no permanently attached additions) with a plan for removal 6 in case of a flooding threat; or 7 8 (c) Meet the requirements of Section 20(2) through (9). 9 10 (12) For all structurcs located seaward of the CCCL the bottom of the lowest horizontal 11 structural member of the lowest tloor of all new construction and substantial 12 improvements shall be elcvated to the flood elevation established by the Florida 13 Department of Environmental Protection or at least one foot above theBFE, 14 whichever is the higher. All non-elevation design requirements of Section 20(2) 15 through (11) shall apply. 16 17 (13) When fill is proposed, in accordance with the permit issued by the Florida 18 Department of Health, in a Coastal High Hazard Area, the development permit shall 19 be issued only upon demonstration by appropriate engineering analyses that the 20 proposed fill will not be subject to damage and erosion by the base tlood, nor 21 increase the water surface elevation of the base tlood, nor cause any adverse 22 impacts to adjacent properties by wave ramping and deflection. 23 24 25 26 SECTION 21: SPECIFIC STANDARDS FOR REPETITIVE LOSS PROPERTIES 27 28 (1) "Repetitive loss properties" and "severe repetitive loss properties" are identified by 29 FEMA, and that infomlation is provided to Collier County through participation in 30 the CRS program. 31 32 (2) The threshold for determination of substantial damage or substantial improvement 33 for "repetitive loss properties" is lowered to forty (40) percent of the market value 34 of the structure before the damage or improvement. 35 36 (3) The threshold I~)r determination of substantial damage or substantial improvement 37 tor "severe repetitive loss propcrties" is lowcred to twenty-five (25) percent of the 38 market value of the structure before the damage or improvement. 39 40 (4) The Floodplain Administrator may assist willing owners of repetItIve loss 41 properties or severe repetitive loss properties in preparing funding assistance and 42 grant applications to FEMA. The type and amount of assistance provided will be 43 detemlined on a case by case basis as a result of a public petition request before the 44 BCC. Page 3& of 48 DRAFT 3-23-09 1 2 3 SECTION 22: SPECIFIC STANDARDS FOR SUBDIVISION PLATS 4 5 (1) All subdivision plats shall be designed to minimize flood damage. 6 7 (2) All subdivision plats shall have public utilities and facilities (e.g. sewer, gas, 8 electrical and water systems) located and constructed to minimize flood damage. 9 10 (3) All subdivision plats shall have adequate drainage to reduce exposure to flood 11 hazards. 12 13 (4) BFE data and all SFHA (flood zones beginning with "A" or "V") shall be shown on 14 the master subdivision plan. 15 16 (5) All final plats presented to the Floodplain Administrator for approval shall clearly 17 indicate_SFHA, the minimum elevation of roads, the minimum elevation of lots or 18 home sites, and the minimum BFE as required in this ordinance. All elevations 19 shall be based upon the N A VD. 20 21 SECTION 23: SPECIFIC STANDARDS FOR CRITICAL FACILITIES 22 23 (1) Certain public and privately owned facilities are considered critical facilities when 24 considering the health, safety, and welfare of the citizens and residents of Collier 25 County, Florida. Critical facilities require flood protection to a greater extent than 26 most properties to reduce damage to these vital facilities, reducc pollution of flood 27 waters by potentially hazardous materials, and ensure that the facilities will be 28 operable during flood emergencies. 29 30 (2) New, substantially improved, reconstructed, and substantially damaged/repaired 31 critical facilities shall be protected from flooding up to the 0.02 annual percent 32 chance (500-year) flood event plus one foot (1 ') of freeboard, or if the 0.02 annual 33 percent chance flood elevation is not known, at least two feet (2') above theBFE, 34 depth of flooding, or any other flood elevation data available from a Federal, State 35 of Florida, or any other reliable and properly documented source. 36 37 (3) New critical facilities must use elevation as the method of providing the required 38 level of flood protection. Substantially improved, reconstructed, and substantially 39 damagedlrepaired critical facilities may use dry floodproofing as an acceptable 40 method of providing the required lcvel of flood protection when elevation is not a 41 practical or fiscally sound option. 42 43 Page 39 of 48 DRAFT 3-23-09 1 SECTION 24: SPECIFIC STANDARDS FOR PERIODIC INSPECTION, AND 2 TRAINING FOR INST ALLA TION OF DRY FLOODPROOFING 3 COMPONENTS 4 5 (1) Dry floodprooting a nonresidential structure requires the timely installation (within 6 four hours) of sealants, tlood panels, and possibly other components to prevent 7 flood waters from entering. The periodic inspection of the components, training of 8 structure occupants in the proper installation, and testing of components to ensure 9 their continued suitability is necessary to ensure the viability of the dry 10 floodproofing. II 12 (2) The components of an approved dry tloodproofing system shall be located on the 13 premises and available for immediate installation at all times. 14 15 (3) Annual visual inspections and installation training 16 17 (a) The owner, or legally responsible entity, of a structure approved for dry 18 floodproofing is responsible to ensure that a visual inspection is made of all 19 the components required to dry floodproof the structure, including the 20 structurc itsclf 21 22 (i) at least once each year, but no later than May 31" of that year, 23 24 (ii) The visual inspection shall includc an examination of all components to 25 check for 26 27 . storage and availability for implementation, 28 . access to all backflow prevention valves, 29 . deterioration (e.g., rusting, pitting, rotting, dry rotting, etc.) of flood 30 panels, gaskets, and door and window opening attachment areas, 31 . freshness and useableness of any applied sealants, 32 . and proper and sufficient fasteners (e.g., bolts, scrcws, etc.) and any 33 special tools required to install the components. 34 35 (iii) If the visual inspection identifies needed repairs to, or replacement of, 36 dry floodproofing components, the owner, or legally responsible entity, 37 shall initiate the repair or replacement within two (2) weeks, and 38 complete it within tW0 (2) weeks of initiation of thc repair or 39 replacement unless a longer. but reasonable. timc frame agreeable to the 40 Floodplain Administrator is rcquircd. 41 42 (b) The owner, or legally responsible entity, of a structurc approvcd for dry 43 tloodproofing is responsible to ensure that the occupants of the structure Page 40 01'48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT 3-23-09 receive trammg in the installation of all the components required to dry floodproof the structure, (i) st at least once each year, but no later than May 31 of that year. (ii) The installation training shall include all components and an explanation of . where they are installed, . the proper order and way in which they are installed, . the operation of any special tools required to install, . and the proper disassembly and storage of the components after flooding has receded. (c) The owner, or legally responsible entity, of a structure approved for dry floodproofing is responsible to maintain a record of the visual inspections and installation training of the dry floodproofing components, and must provide a copy of thc record to the Floodplain Administrator if requested. Documentation shall include, at a minimum, thc date and time of the inspcction or training, a written statement of findings for each component of the floodproofing system inspected, the name, address and telephone number of the persons trained, and the name, address and telephone number of the inspector. The inclusion of photos, while recommended, is optional. (4) Practice installation of dry t1oodproofing components (a) At least once every 3 years each owner, or legally responsible entity, of a structure approved for dry t1oodproofing shall conduct a practice installation of the floodproofing components as a part of the training program. (b) Practice Installation Standard: 1. The owner, or legally responsible entity, of a structure approved for dry floodproofing is responsible to maintain a record of the practice installation training of the dry floodproofing components, and must provide a copy of the record to the Floodplain Administrator if requested. H. Documentation shall include, at a minimum, the date and time of the practice installation, a written statement of findings for each component -"Of the floodproofing system installed, and the name, address and telephonc number of the persons involved in the practice installation. HI. Floodproofing components must be installed within four (4) hours and function as designed. IV. The inclusion of photos, while recommended, is optional. Page 41 of 48 DRAFT 3-23-09 1 2 SECTION 25: SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE 3 4 The National Flood Insurance Act of 1968, as amended, requires that a federally backed 5 lender advise a purchaser if a property is located in a SFHA and ensure that adequate 6 flood insurance is available for the lite of the loan before closing on the loan. The 7 federally backed lender also has the ability to require the borrower to purchase and 8 maintain adequate amounts of flood insurance even if the property is located outside the 9 boundaries of the SFHA. The I~)llowing flood hazard disclosure requirements are 10 required for all rcal estate transactions. 11 12 (1) All individual sellers (when a real estate broker representing the seller is not 13 involved) or real estate brokers representing sellers must notify those (or their real 14 estate agents) interested in purchasing properties located in the SFHA (flood zones 15 beginning with the letter "A" or "V") about the tlood hazard and the potential for 16 flood insurance purchase rcquirement. 17 18 (a) The noticc must elearly state whethcr the property is in the SFHA and, if so, 19 that flood insurance purchasc requirements are applicable. 20 21 (b) The tlood hazard disclosure document must be provided to the potential 22 purchaser (or their agent) at the time of the initial face to face contact, initial 23 showing. or initial mailing of infonnation (including electronic mail and 24 facsimile transmissions) but is not required when the only contact is a 25 telephone call with no 1~)lIow-up communication. 26 27 (c) When a real estate broker representing the seller is involved in listing the 28 property, the seller shall provide this infonnation to this listing broker, who, in 29 turn, shall make a reasonable effort to determine the accuracy of the 30 information provided by the seller. 3l 32 (d) The listing broker shall provide the infornlation to potential purchasers or 33 other agents/agencies so as to allow the real estate broker to comply with the 34 above notilication requirements. 35 36 (2) All real estate brokers and individual sellers of real estate (when a real estate agent 37 is not involved) must advise potential purchasers in writing whether "to the best of 38 their knowledge and belief' the structure has ever been flooded. 39 40 (a) When a rcal estate broker representing the seller is involved in listing the 41 propcrty, the seller shall provide this infonnation to this listing broker that, in 42 turn. shall make a reasonable effort to determine the accuracy of the 4, information provided by the seller. 44 Page 42 of 48 DRAFT 3-23-09 1 (b) The listing broker shall provide the information to potential purchasers or 2 other agents/agencies so as to allow the real estate broker to comply with the 3 above notification requirements. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (c) This written notification must occur at the same time as the notification of the SFHA and potential flood insurance purchase requirement and can be incorporated into the same document. (3) All landlords must notify those interested in renting properties located in the SFHA (Hood zones beginning with the letter "A" or "V") about the potential flood hazard, whether they have purchased flood insurance on the building and contents, and the ability of the renter to individually purchase flood insurance on building contents. (a) The notice must clearly state whether the property is in the SFHA. (b) Additionally, the landlord is required to advise the potential renter in writing whether "to the best of their knowledge and belief' the structure has ever been flooded. (c) The flood hazard and structure flooding disclosure document must be provided to the potential renter prior to the initiation of the preparation of a rental contract document. (d) If an agent/agency is used to act as the landlord to represent the actual owner of the rental property, it is the responsibility of the actual owner of the rental property to provide the information to that agent/agency, and it is the agent's/agency's responsibility to make a reasonable effort to determine the accuracy of the information provided by the owner. (4) All property boundary and individual lot surveys are required to show the flood hazard area if the property is located within the SFHA (f1ood zones beginning with the letter "A" or "V") and include the base flood elevation, if applicable. SECTION 26: APPEALS PROCEDURE (1) The Board of Zoning Appeals as established by the BCC pursuant to LDC Section 8.04.00, shall hear and decide all appeals of determination made by the Floodplain Administrator when an applicant alleges an error by the Floodplain Administrator in the enforcement or administration of this ordinance. (2) An appeal may bc filed with the County Manager within no more than ten (10) business days of the alleged error by the Floodplain Administrator. Page 43 of 48 DRAFT 3-23-09 1 2 (3) The tiling fee for each appeal shall be that adopted in the Community Development 3 and Environmental Services Fee Schedule, Section A-7 (approved 12-11-07, 4 Resolution 07-357) as may bc amended, replaced or superseded. 5 6 (4) Each appeal shall be written stating the basis for the appeal, and shall include 7 pertinent information, exhibits and other backup information in support of the 8 appeal. 9 10 (5) The Board of Zoning Appeals shall 11 a. hold an advertised public hearing on the appeal and shall consider the 12 appeal of the alleged error by the Floodplain Administrator decision in 13 light of the criteria set f()rth in this articlc; 14 b. adopt the Floodplain Administrator's decision or determination, 15 whichevcr is applicable, with or without modifications or conditions, or 16 reject his decision or determination; and 17 c. shall not be authorizcd to modify or reject the Floodplain Administrator's 18 decision or determination unless such board finds that the decision or 19 detemlination is not supported by substantial competent evidencc or that 20 the decision or determination is contrary to the specific provisions of this 21 ordinance. 22 23 (5) Any appeal not actcd upon within six months of the filing, due to the applicant's 24 request to not schcdule the required hearing, will be determined withdrawn and 25 cancelled. 26 27 (6) Any person aggrieved by the appellate dccision of the Board of Zoning Appeals 28 may appeal such dccision to the Circuit Court, as provided by law. 29 30 31 SECTION 27: VARIANCE PROCEDURE, CRITERIA AND NOTICE 32 33 (I) The Board of Zoning Appeals as established by the Bel' pursuant to LDC Section 34 8.04.00, as may be amended, shall hear and decide requests for all variances from 35 the substantive requirements of this article, except as specifically allowed below. 36 37 (2) The Floodplain Administrator is authorizcd to make the final determination on a 38 request for variance frOlTI the requirements of this article solely for repair or 39 restoration of "historic" structures as dcfined in this article upon a finding that the 40 proposed repair or rehabilitation will not preclude the structure's continued 41 designation as a "historic" structure. All other variances will be heard by the Board 42 of Zoning Appeals. 43 Page 44 of 48 DRAFT 3-23-09 1 (3) A request for a variance to any requirement of this article shall follow the procedure 2 described in the Collier County Land Development Code Section 10.04.04, as may 3 be amended, for Applications Subject to Type III Review. 4 5 (4) The filing fee for each variance request shall be that adopted and in effect in 6 Community Development and Environmental Services Fee Schedule, Section K-1O 7 (approved 12-11-07, Resolution 07-357) as may be amended, replaced or 8 superseded. 9 10 (5) In acting upon such applications, the Board of Zoning Appeals shall consider the 11 following criteria, including: 12 13 (a) a showing of good and sufIicient cause; 14 15 (b) determining that failure to grant the variance would result in an exceptional 16 hardship to the applicant; 17 18 (c) determining that granting thc variance will not result in increased flood 19 heights, additional threats to public safety, extraordinary public expense, 20 create nuisances, cause fraud on or victimization of the public, or conflict with 21 existing local laws or ordinances; 22 23 (d) determining that the variance is the minimum necessary deviation from the 24 requirements of this article, considering the flood hazard, to afford relief; and 25 26 (e) considering the following technical factors as they may be applicable: 27 28 (i) The danger that materials may be swept onto other lands to the injury of 29 others; 30 31 (ii) The danger oflife and property duc to flooding or erosion damage; 32 33 (iii) The susceptibility of the proposed facility and its contcnts to flood 34 damage and the effect of such damage on the individual owner; 35 36 (iv) The importance of the services provided by the proposed facility to the 37 community; 38 39 (v) The necessity to the facility of a waterfront location, where applicable; 40 41 (vi) The availability of alternative locations for the proposed use which are 42 not subject to flooding or erosion damage; 43 Page 45 of 48 DRAFT 3-23-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (xi) The costs of providing govemmental services during and after flood 15 conditions, including maintenance and repair of public utilities and 16 facilities such as sewer, gas, electrical, and water systems, and streets 17 and bridges. 18 19 (6) Variances shall not be issued within any designated floodway if any worsening 20 impact in flood conditions, or increase in flood levels during the base flood 21 discharge would result. 22 23 (7) Variances may be issued for new construction and substantial improvements to be 24 erected on a lot of one-half acre or less in size contiguous to and surrounded by lots 25 with existing structures constructed below the base flood level. 26 27 (8) Variances may be issued for new construction and substantial improvements and for 28 other development necessary for the conduct of a functionally dependent use if the 29 structure or othcr development is protected by methods that minimize flood 30 damages during the base flood and create no additional threats to public safety. (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles: (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 31 32 (9) Variances shall not be granted after the-Iact. 33 34 (] 0) Upon consideration of the criteria and factors listed in subsections (5) through (9) 35 above, the Board of Zoning Appeals may deny or approve such variance request 36 and attach such conditions to the granting of variances, as it deems necessary to 37 further the purposes of this article. 38 39 (11) Any person aggrieved by the decision of tl1" Board of Zoning Appeals may appeal 40 such decision to the Circuit Court, as provided by law. 41 42 (12) Any applicant to whom a variance is granted shall be given written notice under the 43 signature of the County Manager that: 44 Page 46 of 48 DRAFT 3-23-09 1 (a) The issuance of a variance to construct a structure below the BFE will result 2 in increased premium rates for flood insurance commensurate with the 3 increased risk resulting from the reduced lowest floor elevation, and 4 5 (b) Such construction below the base flood level increases risks to life and 6 property. 7 8 (c) A copy of the notice shall be recorded by the Floodplain Administrator in the 9 Office of the Clerk of Court and shall be recorded in a manner so that it 10 appears in the chain of title of the affected parcel of land. 11 12 (13) The Floodplain Administrator shall maintain the records of all variance actions, l3 including justification for their issuance or denial, and report such variances in the 14 community's NFl? Biennial Report or upon request to FEMA and the State of 15 Florida, Department of Community Affairs, NFl? Coordinating Office. 16 17 18 SECTION 28: CONFLICT AND SEVERABILITY 19 20 In the event this ordinance conflicts with any other ordinance of Collier County or other 21 applicable law, the more restrictive shall apply. If any court of competent jurisdiction 22 holds any phrase or portion of this ordinance invalid or unconstitutional, such portion 23 shall be deemed a separate, distinct and independent provision and such holding shall not 24 affect the validity of the remaining portion. 25 26 SECTION 29: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 27 28 The provisions of this ordinance shall become and be made a part the Code of Laws and 29 Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered 30 or re-lettered to accomplish such, and the words "code" or "ordinance" may be changed 31 to "section", "article", or any other appropriate word. 32 33 SECTION 30: REPEAL OF COLLIER COUNTY ORDINANCE NO. 86-28 (AS 34 SUBSEQUENTLY AMENDED BY ORDINANCE 87-80, ORDINANCE 90-31, 35 AND ORDINANCE 2005-51) 36 37 Collier County Ordinance 86-28, and its subsequent amending ordinances (Ordinance 87- 38 80, Ordinance 90-31, and Ordinance 2005-51) are hereby repealed in their entirety as of 39 the effective date of this ordinance. 40 41 42 SECTION 31: LIBERAL CONSTRUCTION 43 44 This ordinance shall be liberally construed to effectuate its public purpose. Page 47 of 48 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 32: EFFECTIVE DATE 3-23-09 This ordinance shall become effective upon filing with the Florida Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this_ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal suf1iciency: - HEIDI F. ASHTON-ClCKO Assistant County Attomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: -_._~-.-~_. --- DONNA FIAL^- Chairman Page 48 of 48