DSAC Backup 05/05/2010DEVELOPMENT
SERVICES ADVISORY
COMMITTEE
MEETING
BACKUP
DOCUMENTS
MAY 59 2010
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
May 5, 2010
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts
the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and
hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the
Chairman, and speak into a microphone. State your name and affiliation before commenting. During
discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room
to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules
of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the
Hearing Reporter can record all statements being made.
Call to Order - Chairman
II. Approval of Agenda
III. Approval of Minutes from April 7, 2010 Meeting
IV. Public Speakers
V. Staff Announcements /Updates
A. Public Utilities Division Update — Phil Gramatges
B. Fire Review Update — Ed Riley
C. Transportation Division Update — Michael Greene
D. CDES Update — Nick Casalanguida
VI. Old Business
A. Performance measures & final PUD application fee changes [Jamie French]
B. Update on main water breaks report — [Public Utilities /Joe Thomas /Nathan Beals]
VII. New Business
A. ROW and Site Plan Reviews [Stan C.]
B. Manatee Protection Plan Shoreline LDC Amendment [Steve Lenberger]
C. Flood Damage Prevention Ordinance [Robert Wiley]
VIII. Committee Member Comments
IX. Adjourn
Next Meeting Dates
June 2, 2010
July 7, 2010
August 4, 2010
September 1, 201 C
October 6, 2010
November 3, 2010
December 1, 2010
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
CDES Conference Room 610 — 3:00 pm
April 7, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, April 7, 2010
LET IT BE REMEMBERED that the Collier County Development Services
Advisory Committee, having conducted business herein, met on this date at
3:00 PM in REGULAR SESSION in Conference Room #610, Collier County
Community Development and Environmental Services Center, 2800 N. Horseshoe
Drive, Naples, Florida, with the following Members present:
CHAIRMAN: William Varian
Vice Chair: David Dunnavant
Ray Allain
James Boughton
Clay Brooker
Laura Spurgeon DeJohn
Dalas Disney
Marco Espinar
Blair Foley
Regan Henry
George Hermanson (Excused)
David Hurst
Reed Jarvi
Robert Mulhere
Mario Valle
ALSO PRESENT: Nick Casalanguida, Interim Administrator, CDES
Judy Puig, Operations Analyst, CDES — Staff Liaison
Bob Dunn, Director, Building Review & Permitting
Phil Gramatges, Interim Director, Public Utilities
Stan Chrzanowski, Engineering Review Manager
Ray Bellows, Planning Manager, Zoning
Amy Patterson, Impact Fee & EDC Manager
Stephen Lenberger, Sr. Environmental Specialist
April 7, 2010
I. CALL TO ORDER:
The meeting was called to order at 3:05 PM by Chairman William Varian who read
the procedures to be followed during the Meeting.
II. APPROVAL OF AGENDA:
Marco Espinar moved to approve the Agenda as submitted. Second by Dalas Disney.
Carried unanimously, 9 -0.
III. APPROVAL OF MINUTES — March 3, 2010 Meeting:
Blair Foley moved to approve the Minutes of the March 3, 2010 meeting as submitted.
Second by Marco Espinar. Carried unanimously, 9 -0.
(Robert Mulhere arrived at 3:08 PM)
IV. PUBLIC SPEAKERS:
(Will be heard when Item is presented)
V. STAFF ANNOUNCEMENTS/UPDATES:
A. Public Utilities Division Update — Phil Gramatges, Interim Director
• No new items to report
• No questions from the Committee
B. Fire Review Update — Ed Riley, Fire Code Official
• Monthly Report was submitted in the Committee's information packet
(James Boughton arrived at 3:09 PM.)
C. Transportation/Planning Update — Michael Greene, Transportation Planning
Manager
• I- 75 /Immokalee Interchange
• DOT's projected completion is May, 2010
• The Level of Service will be calculated in May and the project will
probably be an enhanced six -lane roadway
• US 41 /County 951 and the "3 -R" Project
o Design meetings were held at the end of March and both are active
• Oilwell Road
o The eastern and western segments are being constructed concurrently
o DOT's estimated completion date is March 15, 2012
• Davis Blvd. (Radio Road to 95 1)
o Bids will not be accepted until July due to an issue concerning the final
right -of -way
April 7, 2010
• Vanderbilt Drive Pathway
o Initially delayed — it was issued under the BVO Process
o Drafting a new "Scope of Service" is in process for the balance of the
work with a new Purchase Order and Work Order (as directed by the
Clerk's Office)
• Executed BVO Contracts
• There was a legal challenge to the BVO Contract Process
• The Clerk's Office has not paid for work completed under the original
contract
(Laura DeJohn arrived at 3:11 PM)
D. CDES Update — Nick Casalanguida, Interim Administrator
• A new brochure entitled "The Art of Customer Service" was distributed to the
members
o In April, all Business Center & Intake personnel will undergo
mandatory customer service training
o A Customer Service Protocol is in development
o Internet training (how to answer emails)
o Public will be asked to access service
• Update on Kaizen Event
o Business Center will be established and staffed (10 stations)
o There will be a designated Team Leader, a Planning Reviewer, and
Planning Technicians
o Submittal requirements will be reduced when ever possible
- first submittal — face to face meeting with Staff
- second submittal — at Business Center
- third submittal — face to face meeting with owner, development
professional (applicant), and Staff
A suggestion was made to hold third submittal meeting via Web portal since many
owners are not local.
(Mario Valle arrived at 3:15 PM)
• Newest version CityView will come online — October/November, 2010
o Master Card and Discover Card will be accepted
o Electronic submittal and review
Proposed reduction of PUD Closeout fees
o Draft of Executive Summary was distributed to DSAC for review
o Proposed fee: $1,250
o DSAC to review PUDs at regular meetings (up to 5)
It was noted VISA cards are not currently accepted by Collier County.
Mr. Casalanguida stated there was an internal processing problem with VISA and
how VISA fees were charged. He will research the issue and report at a future
meeting.
April 7, 2010
Another suggestion was made to remove "options" regarding submittal of plans
and require the same number for all applications to maintain consistency, i.e., a
specific Level of Service with a specific turn- around time.
A question was asked concerning the organizational re- structuring at CDES.
Nick Casalanguida reports to Norman Feder as a Deputy Administrator.
There will be four divisions, instead of five, but the change will not affect Industry.
VI. OLD BUSINESS:
A. Fire Lines Meters /revised Utilities Ordinance — Melissa Ahern, Public Speaker,
representing CBIA ( "Collier Building Industry Association ")
• CBIA requested DSAC send a recommendation to the Board of County
Commissioners to table the section of the revised Utilities Ordinance
referencing Fire Line Meters until the subject has been vetted by DSAC
• The revisions to the Ordinance were submitted to the BCC as a "Consent
Agenda" before it was reviewed by Industry — there was no public forum
• There are costs issues to be clarified — no cost analysis was completed,
the only cost cited was the cost of the meters
• The County Manager could enact an Administrative Stay
• The BCC has the option to reconsider /amend the Ordinance
A Committee member stated the revised Ordinance, presented at the March meeting
by Paul Mattausch, Director of the County's Water Department, did not make sense
and the presentation was an after - the -fact informational review. It was noted the
Committee's questions were not satisfactorily answered.
[From the March meeting:
A question was asked if the operations cost to monitor meters exceeded the
amount of revenue captured.
The answer was "No, but it is cost effective to track unbilled water usage. "]
It was pointed out Mr. Mattausch stated the revisions were required by The Florida
Administrative Code. A member stated The Florida Administrative Code requires
the use of one of five different retention methods for Public Utility systems. The cost
to the Industry will be very expensive and the metering does not accomplish the
County's stated objectives.
The Ordinance affects the Industry and should have been presented to DSAC first for
review.
A suggestion was made to send a letter to the BCC, copying the County Manger,
requesting the Utilities Ordinance be placed on a future agenda to allow DSAC to
make a presentation of its position at that time.
David Dunnavant moved to recommend DSAC send a letter, signed by the DSAC
Chairman, to each member of the Board of County Commissioners, with a copy to
April 7, 2010
the County Manager, requesting to place the issue of the Utilities Ordinance on the
next BCCAgenda. DSAC will review the impact of the Ordinance on the Industry
and will present its position concerning the Ordinance at the next BCC meeting.
Second by David Hurst. Carried unanimously, 14 -0.
VII. NEW BUSINESS:
A. Building Permit Applications: Proposed Survey Requirements — Stan Chrzanowski,
Engineering Review Manager, and Steve Higgins, County Surveyor
Mr. Chrzanowski stated approximately one year ago, Mr. Higgins reviewed a
number of surveys submitted for inclusion in various applications and pointed out the
documents did not conform to minimum technical standards. He further stated the
County will adopt a Standard for Surveys based upon the requirements of the Board
of Professional Surveyors and Map Readers ( "BSM ").
Mr. Higgins stated surveys are being prepared. The issue is the documents are not
being submitted in a timely manner.
• The surveys can be 3 to 5 years old before submission
• If a Title Report was not reviewed, easements may not be shown on the
survey
• An example cited: the new Lowe's (US 41/951) — easements under
the building pad were not identified— the use of a current survey
would have prevented the problem
• Another example: Naples Mazda — existing easements were to have
been vacated before the building permit was issued but were not
because old information was used
• Florida Statutes requires surveys to meet minimum standards
• If a developer hires a surveyor who does not work within the standards, the
process will be delayed since the survey will need to be revised
• 95% of surveys submitted contain a note: "Abstract not reviewed"
• If a lot is platted, lack of review is usually not an issue
• Large commercial /industrial projects must identify all easements —
especially those not included in the Deed
• Surveys are required for a plat or lot split and Title Reports must be reviewed
• Another issue: a Surveyor is required to show only the easements provided by
the client — if an Abstract of Title is not provided, the Surveyor is not
responsible to show the easements on the document
Nick Casalanguida questioned why surveys were not submitted with building permit
applications in Collier County.
A Committee member gave a brief history: Cost was an issue due to the County's
original requirement for submission of "pre" and "post" surveys — "pre" to show
where the building was to be built, and "post" showing where it actually was
constructed. The Industry's solution was after - the -fact "spot surveys" — if a
building's footprint was incorrectly located, the developer was liable and required to
correct the situation by either obtaining a variance, or demolishing the building and
constructing it again.
April 7, 2010
The Committee member noted the Land Development Code ( "LDC ") contains few
requirements regarding submission of a boundary survey.
Suggestion: A developer obtains a survey when a project is proposed and it should be
updated at the time of application for the building permit.
Suggestion: Schedule a joint Workshop with surveyors, DSAC, and Staff.
Nick Casalanguida will research the issue and report to DSAC.
B. Proposed Decrease: PUD Close -Out Application Fees — Nick Casalanguida
(Discussed in Item V under "D')
C. Impact Fee Program: Commercial Re- Development — Amy Patterson, Impact
Fee & EDC Manager
The BCC directed DSAC to suggest potential improvements to the existing
"Change of Use Program"
• Program has been in place for one year
• Provides an exemption from payment of additional Impact Fees for
buildings five years or older when an action (to rent, lease or sell)
triggers the assessment of an Impact Fee
• Examples: medical buildings - change of tenants; gymnastic, karate or
dance studios relocating into industrial parks; doctors moving into
office buildings
Issues for consideration:
o Change the requirement regarding the length/time a building has a
Certificate of Occupancy to qualify for the program
o Any other changes to address potential inequities — such as an
incentive program that targets one group of people
Options suggested by Staff:
• For buildings 5+ years — allow an aging provision by eliminating the
phrase "prior to the commencement of the Program"
• Expand the Program to allow any building with a C/O issued for at
least three years
• The BCC was concerned that it was not seeing applications on a case -
by -case basis. Staff suggested establishing a threshold (3,000 sq. ft.)
for administrative approval -- large build -outs would be presented to
the BCC for review and approval -- the EDC ( "Economic Development
Council ") suggested expanding the threshold to 5,000 square feet
• Eliminate the Impact Fee Review for Changes of Use in order to
obtain a Zoning Certificate or Business Tax Receipt — the specific
reviews are over - the - counter — if eliminated, the only reviews to be
conduced would be for tenant build -out
• Eliminate the "Medical Office Land Use" category and collapse it into
the general category of "Office"
Bob Mulhere recommended supporting the changes identified by Staff.
April 7, 2010
Jim Boughton stated he paid a Medical Impact Fee to give his building a
competitive edge. He objected to the Program stating it would allow his medical
tenants to move anywhere.
Dalas Disney stated the advantage (paying a specific Impact Fee) allowed owners
to capture the market for a number of years and they are not entitled to a rebate
from the County. He supported combining "Medical" into the "General Office"
category as well as the 5,000 square foot threshold.
There was a discussion of whether or not personal property rights were being
denied by the Program. It was noted Impact Fees in Collier County are too high
in general, and if a use was changed to a less intensive use, no rebate has been
offered.
Suggestion: Match the Medical Impact Fee rate to the "General Office" category
rate rather than completely eliminate the Impact Fee.
Nick Casalanguida stated there is a gap between a medical professional who sees
one or two patients per hour versus a medical clinic which generates a great deal
of traffic.
Bob Mulhere stated he has suggested enacting a separate "Specialty or Small
Medical Offices" Impact Fee for several years.
Amy Patterson stated the County Attorney is proposing a change to the
Ordinance concerning Developer Contribution Agreements. Currently, when a
developer donates land or cash, he receives Impact Fee credits that must be used
within five to seven years. The change will allow the credits to run with the land
in perpetuity rather than having a sunset date.
Robert Where moved to approve sending a recommendation to the Board of
County Commissioners:
• to reduce the requirement from S to 3 years or older, with an aging
provision;
• to eliminate Impact Fee reviews for Changes of Use to obtain a Zoning
Certificate or Business Tax Receipt,
• To explore alternative Impact Fees for medical offices, i.e., a sub-
category for Specialty Medical Offices or other medical types.
Second by Dalas Disney. Motion carried, 12 — "Yes " /1— "No." James
Boughton was opposed.
Robert Where moved to approve sending a recommendation to the Board of
County Commissioners supporting the County Attorney's proposed change to
the Ordinance regarding Developer Contribution Agreements by permitting
Impact Fee Credits to remain in perpetuity with the property.
Second by Dalas Disney. Carried unanimously, 14 - 0.
D. Right -of -Way Permitting Process — Nick Casalanguida and Michael Greene
Reed Jarvi noted when a Site Development Plan is completed it is reviewed by the
Transportation viewpoint concerning the turn lanes, location, size, etc.
April 7, 2010
When a Right -of -Way Permit application is made, turn lanes are reviewed for
location, size, etc., which is a duplication of effort. He asked why two reviews were
necessary to obtain the same answer.
Nick Casalanguida stated the levels of function reviewed are different for each
process and the amount of detail required is different. He suggested scheduling a
Workshop between Staff and Industry to discuss options
E. Vanderbilt Drive Pathway Project — Michael Greene
(Discussed in Item V under "C')
F. SDP Process — Automatic Submittals to Fire & Zoning — Bill Lorenz
Reed Jarvi referenced a recent project which required a third submittal — there were
only architectural questions concerning facades and the review was completed in one
day. However, it took 13 calendar days to go through Fire & Planning review even
though fire or zoning issues were not cited. He was informed submittals are
automatically sent for Fire and Planning review and he questioned the need if there
were no specific Fire or Planning issues.
Bill Lorenz stated submittals are automatically sent to an assigned Planner to ensure
if a change is made and approved by one section that the change does not trigger
another review. It is a quality control check. He had no response as to the length of
time. He stated the process is being examined and the types and numbers of review
are being targeted to achieve better coordination between sections.
G. LDC Amendment — Shoreline Calculations/Permitted Wet Slips — Stephen
Lenberger, Senior Environmental Specialist
Clay Brooker stated the Planning Commission did not approve the suggested
language approved by DSAC (unanimous vote) and the EAC (4 to 1 vote). He
referenced the Manatee Protection Plan, enacted in 1995, which does not prohibit a
shoreline, encumbered by a Conservation Easement, from being counted to determine
the number of wet slips to be permitted on a property. The Planning Commission's
position was the shoreline should not be counted. The compromise agreed to in the
LDC Amendment was if a Conservation Easement expressly prohibited counting a
shoreline, the shoreline would not be counted. The Planning Commission did not
approve the compromise language and insisted other Committees conduct additional
hearings to consider new criteria — also not prohibited by the Manatee Protection Plan
— while determining whether or not a shoreline should be counted.
The Planning Commission directed the County Attorney's Office and Staff to develop
a policy for submitting recommendations directly to the BCC, rather than through an
LDC Amendment. On April 22, 2008, the BCC recommended another option, which
was to exclude shorelines which were part of County preserve areas and State /Federal
Conservation Areas. The BCC stated additional boat slips could be added if a
Conditional Use Permit was obtained and access was provided to the public. Staff
will research whether or not the issue has been addressed at the Zoning level or in the
State/Federal Conservation Easement. The County Attorney's position is the
County's Conversation Easement should be excluded in the calculation of the
shoreline. The County's Conservation Easement does not address the issue at all.
April 7, 2010
Mr. Brooker noted Stakeholders meetings and two public hearings on this issue were
held. He requested, if a Policy or LDC Amendment is drafted, that the new document
be presented to DSAC before any public hearing is scheduled.
It was noted the Planning Commission could make a different recommendation and
both would be brought before the BCC for a determination.
Mr. Brooker noted any change to an LDC Amendment would generate a Public
Hearing and DSAC's review, as well as review by the EAC, is part of the public
process.
Bob Mulhere stated the Manatee Protection Plan is a County Ordinance and there is
no State regulation which is why the LDC Amendment was presented.
Steve Lenberger stated if a State Conservation Easement prohibits in -water
structures, the shoreline is not counted.
Marco Espinar noted, over the past two -year period, workshops were held with
Stakeholders and the Environmental Community. Both the EAC and DSAC have
voted in favor of the Amendment. There has been consensus. The Planning
Commission is undermining the consensus at the last minute.
Clay Brooker moved to bring to the attention of the Collier County Planning
Commission that DSAC is requesting to review any change(s) to the language of
the proposed LDC Amendment prior to any vote by the CCPC and that any change
is to go through the public hearing process. Second by Marco Espinar.
It was noted there is an LDC Amendment Cycle. The Planning Commission is not
bound by any recommendation made by DSAC and can bring it to the BCC without
sending it to DSAC first.
Clay Brooker stated the public process should not be circumvented by any
Committee.
Carried unanimously.
VIII. COMMITTEE MEMBER COMMENTS:
(None)
Next Meeting Dates:
May 5, 2010 — 3:00 PM
June 2, 2010 — 3:00 PM
July 7, 2010 — 3:00 PM
August 4, 2010 — 3:00 PM
April 7, 2010
There being no further business for the good of the County, the meeting was adjourned
by order of the Chairman at 5:02 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
The Minutes were approved by the Board /Committee on
as presented , or as amended
10
Fire Plan Review - Time Frame Summary
March -10
Number Number Average # of 1st % of 1st Percentages
of of Time in Reviews Reviews Within Time
Reviews Days Days Approved Approved Frames
Architectural Reviews
Total
496
691
1.39
1st Review
358
594
1.66
228
64%
100/10 Days
7 Day Max
2nd Review
110
61
0.55
100/3 Days
3rd Review
23
29
1.26
100/3 Days
4th Review
3
4
1.33
100/3 Days
5th Review
2
3
1.50
100/3 Days
Total 2 -5 Reviews
138
97
0.70
100/3 Days
3 Day Max
Fire Sprinkler Reviews
30
26
0.87
Total
1st Review
23
19
0.83
17
74%
100/10 Days
3 Day Max
2nd Review
6
7
1.17
100/3 Days
3rd Review
1
0
0.00
100/3 Days
Total 2 -3 Reviews
7
7
1.00
100/3 Days
2 Day Max
Underground Reviews
9
14
1.56
Total
1st Review
8
13
1.63
6
75%
100/10 Days
3 Day Max
2nd Review
1
1
1.00
100/3 Days
Total 2nd Review
1
1
1.00
100/3 Days
1 Day Max
Fuel & LP Gas Reviews
7
4
0.57
Total
1st Review
3
2
0.67
3
100%
100/10 Days
2 Day Max
2nd Review
4
2
0.50
100/3 Days
Total 2nd Review
4
2
0.50
100/3 Days
1 Day Max
Hood & FSUP Reviews
9
11
1.22
Total
tat Review
6
10
1.67
3
50%
100110 Days
2 Day Max
2nd Review
3
1
0.33
100/3 Days
Total 2nd Review
3
1
0.33
100/3 Days
1 Day Max
Fire Alarm Reviews
Total
73
74
1.01
1st Review
42
50
1.19
15
36%
100/10 Days
4 Day Max
2nd Review
22
17
0.77
100/3 Days
3rd Review
8
5
0.63
100/3 Days
4th Review
1
2
2.00
100/3 Days
Total 24 Reviews
31
24
0.77
100/3 Days
3 Day Max
Summary
1st Review
440
688
1.56
272
62%
100110 Days
Corrections
184
132
0.72
10013 Days
Overall Totals
624
820
1.31
Office of the Fire Code Official
2800 N. Horseshoe Dr.
Naples, FL 34104
Office of the Fire Code Official
Summary of Plan Review Activity
March -10
Architectural Reviews
496
Sprinkler Reviews
30
Underground Reviews
9
Fuel & LP Gas Reviews
7
Hoods & FSUP Reviews
9
Alarm Reviews
73
SDP Reviews
53
Total # of Plans Reviewed
677
Number of Work Days
23
Average # of Plans Reviewed per Day
29
ASAP Reviews per Building Department:
7 Architectural Fast Track
7 Low Voltage
3 Tents
Total # of ASAP Reviews *: 17
Total ASAP Reviews per Day 1
*Overtime Reviews are not included in this figure
Scheduled Meetings /Hours:
Ed: 45.5 Hrs.
Bob: 25.42 Hrs.
Jackie: 7.33 Hrs.
Ricco: 30.42 Hrs.
Maggie: 2.67 Hrs.
Classes and Seminars attended by FCO:
Participant (s)
3/2 PGIT Seminar, Cape Coral
Ed Riley, Linda Rutkoski
3/9 Gypsum Class, Naples
Ricco Longo
3110 Gypsum Class, Ft. Myers
Maggie Jani, Jackie de la Osa
3/10 HR Seminar, Ft. Myers
Ed Riley, Linda Rutkoski
Total Overtime Hours for the Fire Code Office
*Overtime Hours Reimbursed by Contractors
In addition to the above - mentioned tasks, The Fire Code Official's Office fields
numerous phone calls, walk -ins, field inspections and impromptu meetings.
Office of the Fire Code Official
2800 N. Horseshoe Dr.
Naples, FL 34104
Text underlined is new text to be added.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
Zoning Services
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC5:28 -5.30
LDC SECTION(S): 5.05.02
CHANGE: To clarify how the County will treat the length of shoreline within conservation
easements when calculating the amount of wetslips according to the Manatee Protection Plan.
REASON: The rating system used in calculating the maximum number of wetslips in
accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum
number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is
to help determine the maximum wet slip densities in order to improve existing Manatee
protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline
within conservation easements.
State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised
County staff that the total length of shorelines, including that which is within conservation
easements, is used in the calculations for maximum allowable wetslips where the purpose of the
conservation easement is vegetation management. However, where the conservation easement
prohibits "in -water structures ", the length of shoreline within the conservation easement is
excluded from the calculations and thus, the number of allowable wetslips are reduced in
proportion to the length of the excluded shoreline. State staff indicate that "in -water structures"
can be characterized as the construction and operation of future docks, wet or dry slips, piers,
launching facilities or structures other than existing on the property, or activities detrimental to
drainage, flood control, water conservation, erosion control, soil conservation, or fish and
wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing.
In January 2006 during evaluation of a project, staff from the Office of the County Attorney
reviewed various documents including the existing conservation easement on the project, the
GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine
whether shoreline length in the conservation easement area should be excluded from the
calculation to determine the number of allowable boat slips. The result of this review essentially
provided staff with a procedure that specified that staff should review the actual language of a
conservation easement to determine if the easement language includes or excludes the use of the
1
CATemporary Internet Files \Content.Outlook\2OQ817KT\5 05 02 - MPP Shoreline Calculations (041410) SL.doc
Text underlined is new text to be added.
Bold text indicates a defined term
easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to
determine its prohibitions is also consistent with the State's application.
During the April 22, 2008 BCC meeting, item 813, the BCC provided direction to staff on how to
treat shoreline within conservation easements in calculating the number of wetslips pursuant to
the Manatee Protection Plan. The Board direction was to exclude shoreline within County
required preserve areas and State and Federal conservation easements which do not allow
wetslips within their conservation easements when calculating the maximum allowable number
of wetslips pursuant to the Manatee Protection Plan and add a Conditional Use to allow more
boat slips if you provide public access (50 %) available to the public. The proposed amendment is
in accordance with the BCC's direction.
Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009, with
no common ground among the stakeholders.
FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the
conservation easement in order to determine if it includes or excludes the shoreline from
calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement
for applicable language should take no more than one hour of staff time.
i I 1I:r_Y_[I]�L.`A�C�T�
GROWTH MANAGEMENT PLAN IMPACT: None, The County has incorporated the
Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy
7.2.3.
OTHER NOTESIVERSION DATE: Created April 14, 2010.
Amend the LDC as follows:
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and are applicable to
all multi -slip docking facilities with ten slips or more, and all marina facilities.
B. Proposed developments will be reviewed for consistency with the Manatee Protection
Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the
proposed development is consistent with the MPP, then the developer will submit a
"Manatee Awareness and Protection Plan," which shall address, but not be limited to,
the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be generated from
the facility.
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4. Monitoring and maintenance of water quality to comply with state standards.
5. Marking of navigational channels, as may be required.
C. A rating system is established to evaluate proposed marina facilities. The purpose of the
marina site rating system is to help determine the maximum wet slip densities in order to
improve existing Manatee protection. The marina site rating system gives a ranking
based on three (3) criteria: water depth, native marine habitat, and manatee abundance.
In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the
boat traffic must be designated. For the proposed marina facility, an on -water travel
distance of five (5) miles is considered the sphere of influence.
A preferred rating is given to a site that has or can legally create adequate water
depth and access, will not impact native marine habitats, and will not impact a
high manatee use area (See Table 5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate water depth and
access, no impact to a high manatee use area, but there is an impact to native
marine habitat; there is adequate water depth, no impact to native marine
habitat, but impacts a high manatee use area; and when the water depth is less
than four (4) feet mean low water (MLW), no impact to native marine habitat, and
no impact to a high manatee use area.
3. A protected ranking is given to a site where: there is adequate water depth and
access, but there is an impact to native marine habitat and there is an impact to
a high manatee use area; there is not adequate water depth, there is impact to
or destruction of native marine habitat, and there is impact to a high manatee
use area; there is not adequate water depth, no impact to marine habitat, but
there is impact to a high manatee use area; or there is not adequate depth, there
is impact to marine habitat, and no impact to a high manatee use area.
4. The exact areas will depend on site specific data gathered during the site
development process reviews.
5. Table of Siting Criteria
1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means
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Water Depth
Measured at MLW
Native Marine Habitat
Manatee Use
4 ft. or
more
Less than 4
ft.
No
Im act1
Impact
Not High
High
Preferred
X
X
X
Moderate
X
X
X
Moderate
X
X
X
Moderate
X
X
X
Protected
X
X
X
Protected
X
X
X
Protected
I X
X
X
Protected
I X
X
X
1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means
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than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
Preferred sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi - family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
Construction of new dry storage facilities is prohibited. Expansion of existing boat
ramps is allowed. Construction of new boat ramps is prohibited.
3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall
be allowed at a density of one (1) boat slip for every 100 feet of shoreline.
Expansion of existing dry storage facilities or construction of new dry storage
facilities is prohibited. Expansion of existing boat ramp or construction of new
boat ramps is prohibited.
E. If a potential boat facility site is ranked as moderate or protected because of its
proximity to a high use manatee area, its ranking can be increased if slow speed zones
are established that account for a significant portion of the expected travel route of the
boats using the proposed facility. In that case, the manatee criteria in the three (3) way
test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow
speed zones are not existing, the County may establish, with DEP approval, additional
slow speed zones in order to mitigate the proposed additional boat traffic.
F. Existing facilities and facilities which had state or federal permits prior to adoption of the
MPP shall be exempt from these provisions, but will be subject to all other requirements
of this Code.
G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the
interface of land and water at mean high water, as established using standard survey
techniques. Shoreline within County required preserves or within State and Federal
conservation easements which do not allow wetslips within their conservation
easements shall not be used in calculating the maximum allowable number of wetslips
pursuant to the Manatee Protection Plan, except that projects which make 50 percent or
more of their wetslips available for public use may request additional boat slips as a
Conditional Use. Any existing or vested right with respect to wetslips shall be exempted
from this ordinance.
(Ord. No. 05 -27, § 3.FF)
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ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86 -281
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, IN
ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF
FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE;
PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR
DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS;
PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS
FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCE
PROCEDURES; PROVIDING FOR REPEAL OF ORDINANCE NO. 86 -289
AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE. PROVIDING FOR EMERGENCY TEMPORARY HOUSING
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including flood damage
prevention ordinances; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 86 -28, which was subsequently amended by Ordinance Nos. 87 -80, 90-
31, and 2005 -51; and
WHEREAS, the Board desires to replace, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the
State of Florida Model Flood Damage Prevention Ordinance.
DRAFT from CAO 2 -24 -10
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE, AND OBJECTIVES.
A. STATUTORY AUTHORIZATION.
The Legislature of the State of Florida has authorized and delegated in Chapter 125,
Florida Statutes, the responsibility of local government units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of
County Commissioners of Collier County does hereby adopt the following floodplain management
regulations.
B. FINDINGS OF FACT.
(1) The flood hazard areas of Collier County are subject to periodic inundation, which results
in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, flood - proofed or otherwise unprotected from flood damages.
C. STATEMENT OF PURPOSE.
It is the purpose of this Ordinance to save lives, promote the public life health, safety and general
welfare and minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, which result in damaging increases in erosion or in flood heights and
velocities;
(2) Require that uses vulnerable to floods including facilities which serve such uses be
protected against flood damage throughout their intended life span;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion or
flood damage; and
DRAFT from CAO 2- 2440
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
D. OBJECTIVES.
The objectives of this Ordinance are to:
(1) Protect human life, health and to eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, roadways, and bridges and culverts located in floodplains;
(6) Maintain a stable tax base by providing for the sound use and development of flood prone
areas in such a manner as to minimize flood blight areas; and
(7) Ensure that potential homebuyers are notified that property is in a special flood hazard
area.
SECTION TWO: DEFINITIONS.
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application.
Accessory structure means a structure that is located on the same parcel of property as the
principal structure and the use of which is incidental to the use of the principal structure.
Accessory structures should constitute a minimal investment, may not be used for human
habitation, and be designed to have minimal flood damage potential. Examples of accessory
structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any
provision of this Ordinance or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
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Area of special flood hazard is the land in the floodplain within a community subject to a one -
percent or greater chance of flooding in any given year. This term is synonymous with the
phrase "special flood hazard area."
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year (also called the "100 -year flood" and the "regulatory flood "). Base flood is the term
used throughout this Ordinance.
Base Flood Elevation means the water - surface elevation associated with the base flood.
Basement means any portion of a building having its floor sub -grade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
Building — see "Structure ".
Coastal high hazard area means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM, as
Zone V 1 - V30, VE, or V.
Datum A reference surface used to ensure that all elevation records are properly related. The
current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is
expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988.
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,
excavating, drilling operations, or storage of materials or equipment.
Elevated building means a non - basement building built to have the lowest floor elevated above
the ground level by foundation walls, posts, piers, columns, pilings, or shear 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 floodplain.
Existing Construction means, for the purposes of floodplain management, structures for which
"the start of construction" commenced before September 4, 1979. Existing construction, means
for the purposes of determining flood insurance premium rates, structures for which the "start of
construction" commenced before September 14, 1979. This term may also be referred to as
"existing structures ".
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Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) was
completed before September 4, 1979.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Flood or flooding means:
(a) A general and temporary condition of partial or complete inundation of normally dry land
areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined
in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing
mud on the surface of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other body of water as the
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm or by an unanticipated force of
nature such as a flash flood or an abnormal tidal surge or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (a) (1) of this
definition.
Flood Boundary and Floodway Map (FBFM) means the official map of the community on
which the Federal Emergency Management Agency (FEMA) has delineated the areas of special
flood hazard and regulatory floodways.
Flood Hazard Boundary Map (FHBM) means an official map of the community, issued by
FEMA, where the boundaries of the areas of special flood hazard have been identified as only
Approximate Zone A.
Flood Insurance Rate Map (FIRM) means an official map of the community, issued by
FEMA, which delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by
FEMA. The study contains an examination, evaluation, and determination of flood hazards, and,
if appropriate, corresponding water surface elevations, or an examination, evaluation, and
determination of mudslide (i.e., mudflow) and other flood - related erosion hazards. The study
may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other
related data and information.
DRAFT from CAO 2 -24 -10
Floodplain means any land area susceptible to being inundated by water from any source (see
definition of "flooding ").
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood controls works, floodplain management regulations, and open space plans.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain
management regulations of the community.
Floodplain management regulations means this Ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of
police powers which control development in flood -prone areas. This term describes Federal,
State of Florida, or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and non - structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. There are no FEMA designated floodways in
Collier County, Florida.
Floodway fringe means that area of the one - percent (base or 100 -year) floodplain on either side
of the regulatory floodway.
Freeboard means the additional height, usually expressed as a factor of safety in feet, above a
flood level for purposes of floodplain management. Freeboard tends to compensate for many
unknown factors, such as wave action, blockage of bridge or culvert openings and hydrological
effect of urbanization of the watershed, which could contribute to flood heights greater than the
heights calculated for a selected frequency flood and floodway conditions.
Free of Obstruction means any type of lower area enclosure or other construction element will
not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural
member of the lowest floor of an elevated building during a base flood event. This requirement
applies to the structures in velocity zones (V- Zones).
Functionally dependent use means a use which cannot be used for its intended purpose unless it
is located or carried out in close proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does
not include long -term storage, manufacture, sales, or service facilities.
rel
DRAFT from CAO 2- 24 -1.0
Hardship as related to variances from this Ordinance means the exceptional hardship associated
with the land that would result from a failure to grant the requested variance. The community
requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exceptional hardship. All of these problems can be resolved through
other means without granting a variance, even if the alternative is more expensive, or requires
the property owner to build elsewhere or put the parcel to a different use than originally
intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the
start of construction, next to the proposed walls of a structure.
Historic Structure means any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register:
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic or a district preliminarily determined by
the Secretary to qualify as a registered historic district:
C) Individually listed on the Florida inventory of historic places which has been approved by
the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By the approved Florida program as determined by the Secretary of the Interior,
or
2. Directly by the Secretary of the Interior.
Lowest adjacent grade means the lowest elevation, after the completion of construction, of the
ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access,
or storage, in an area other than a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design standards of this Ordinance.
Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for
a copious development of interlacing adventitious roots above ground and which contain one or
more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora
mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta).
DRAFT from CAO 2- 24 -1.0
Manufactured home means a building, transportable in one or more sections, which is built on
a permanent chassis and designed to be used 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 for 180 consecutive days or longer and intended
to be improved property.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding the land value
and that of the detached accessory structures and other improvements on site (as agreed to
between a willing buyer and seller) as established by what the local real estate market will bear.
Market value can be established by an independent certified appraisal (other than a limited or
curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost
depreciated for age and quality of construction of building), or adjusted tax - assessed values.
Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this
Ordinance, the term is synonymous with the North American Vertical Datum (NAVD) of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the floodplain. Existing elevation
information based upon NGVD and used for floodplain purposes prior to the effective date of
this Ordinance may continue to be used provided there is also a converted elevation information
based upon NAVD. After the effective date of this Ordinance, all elevation information
submitted with a development permit shall utilize NAVD.
New Construction means, for floodplain management purposes, any structures for which the
"start of construction" commenced on or after September 4, 1979. The term also includes any
subsequent improvements to such structures. For flood insurance rates, structures for which the
start of construction commenced on or after September 14, 1979, and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after September 4, 1979.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the floodplain.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change
from a relatively steep slope to a relatively mild slope.
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Program deficiency means a defect in the community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations or of the standards required by the National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health of the entire
community or a neighborhood, or any considerable number of persons, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
Reasonably safe from flooding means base flood waters will not inundate the land or damage
structures to be removed from the SFHA and that any subsurface waters related to the base flood
will not damage existing or proposed buildings.
Recreational vehicle means a vehicle that is:
a) Built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projection;
C) Designed to be self - propelled or permanently towable by a light duty truck; and
d) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure or other
development into compliance with State of Florida, Federal or local floodplain management
regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the
impacts may be reduced include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of this Ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to the
structure or other development.
Repetitive loss means flood related damage sustained by a structure on two separate occasions
during a 10 -year period for which the cost of repairs at the time of each such flood event, on the
average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
Shallow flooding — see area of shallow flooding.
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Special flood hazard area — see area of special flood hazard.
Start of construction for other than new construction and substantial improvements under the
Coastal Barrier Resources Act P. L. 97 -348, includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date. The actual start means
the first placement of permanent construction of a building (including a manufactured home) on
a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or
any work beyond the stage of excavation or placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and /or walkways; nor does it include excavation for
a basement, footings, piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main building. For substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
Storm cellar means a place below grade used to accommodate occupants of the structure and
emergency supplies as a means of temporary shelter against severe tornadoes or similar
windstorm activity.
Structure means, for floodplain management purposes, a walled and roofed building, including
gas or liquid storage tank that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. This term also includes "repetitive
loss" structures as defined herein.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage" regardless of the actual repair work
performed. This term does not, however, include any repair or improvement of a structure to
correct existing violations of State of Florida or local health, sanitary, or safety code
specifications, which have been identified by the local code enforcement official prior to the
application for permit for improvement, and which are the minimum necessary to assure safe
living conditions. This term does not include any alteration of a historic structure provided that
the alteration will not preclude the structure's continued designation as a historic structure.
Substantially improved existing manufactured home parks or subdivisions is where the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or
exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction
or improvement commenced.
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Temporary Housing; Typically provided by the Federal Emergency Management Agency
the temporary housing efforts.
Variance is a grant of relief from the requirements of this Ordinance.
Violation means the failure of a structure or other development to be fully compliant with the
requirements of this Ordinance. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this Ordinance is
presumed to be in violation until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the
Board of County Commissioners of Collier County, Florida.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency
in the Flood Insurance Study (FIS) for Collier County, Florida, and Incorporated Areas, dated
November 17, 2005, with the accompanying maps and other supporting data, and any subsequent
revisions thereto, are adopted by reference and declared to be a part of this Ordinance. The
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Flood Insurance Study and Florida Insurance Rate Map are on file at the office of the Clerk to
the Board of County Commissioners located at the County Government Center, 3301 Tamiami
Trail East, Bldg. F, 4th Floor, Naples, FL 34112.
C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Board of County Commissioners of Collier County, Florida, hereby appoints the
Community Development and Environmental Services Administrator to administer and
implement the provisions of this Ordinance and is herein referred to as the Floodplain
Administrator.
D. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A development permit shall be required in conformance with the provisions of this
Ordinance prior to the commencement of any development activities.
E. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this Ordinance and other applicable regulations.
F. ABROGATION AND GREATER RESTRICTIONS.
This Ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
G. INTERPRETATION.
In the interpretation and application of this Ordinance all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under State of Florida
statutes.
H. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This Ordinance does not imply that land outside the areas of special flood hazards or
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uses permitted within such areas will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the Board of County Commissioners of Collier County,
Florida, or by any officer or employee thereof for any flood damages that result from reliance on
this Ordinance or any administrative decision lawfully made thereunder.
I. PENALITIES FOR VIOLATION.
Violation of the provisions of this Ordinance, including violation of conditions and safeguards
established in connection with grants of variance or special exceptions, shall be punishable as a
non - criminal violation punishable as set forth in the Consolidated Code Enforcement Ordinance.
Any person who violates this ordinance or fails to comply with any of its requirements shall,
upon adjudication, be fined not more than $1,000 per day per violation for each day the first
violation continues past the date set for compliance by the Enforcement Board of Special
Magistrate; or in the case of a repeat violation, $5,000 per day per violation for each day that the
repeat violation continues past the date set for compliance by the Enforcement Board of Special
Magistrate, and in addition, shall pay all costs and expenses involved in the case. Nothing
contained in this section shall prohibit Collier County from enforcing this Ordinance by any
other means.
SECTION FOUR: ADMINISTRATION.
A. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Floodplain Administrator on
forms furnished by him or her prior to any development activities, and may include, but not be
limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, earthen fill,
storage of materials or equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application Stage:
(a) Elevation in relation to mean sea level (NAVD) of the proposed lowest floor
(including basement) of all buildings;
(b) Elevation in relation to mean sea level (NAVD) to which any non - residential
building will be flood - proofed;
(c) Certificate from a registered professional engineer or architect that the non-
residential flood - proofed building will meet the flood - proofing criteria in
SECTION FOUR, A (2) and SECTION FIVE, B (2);
(d) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development; and
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(e) Elevation in relation to mean sea level (NAVD) of the bottom of the lowest
horizontal structural member of the lowest floor and provide a certification from a
registered engineer or architect indicating that they have developed and /or
reviewed the structural designs, specifications and plans of the construction and
certified that are in accordance with accepted standards of practice in Coastal
High Hazard Areas.
(2) Construction Stage:
Upon placement of the lowest floor, or flood - proofing by whatever construction means,
or bottom of the lowest horizontal structural member it shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the NAVD elevation of
the lowest floor or flood - proofed elevation, or bottom of the lowest horizontal structural
member of the lowest floor as built, in relation to mean sea level. Said certification shall
be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When flood proofing is utilized for a
particular building said certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. Any work undertaken prior
to submission of the certification shall be at the permit holder's risk. The Floodplain
Administrator shall review the lowest floor and flood - proofing elevation survey data
submitted. The permit holder immediately and prior to further progressive work being
permitted to proceed shall correct violations detected by such review. Failure to submit
the survey or failure to make said corrections required hereby shall be cause to issue a
stop -work order for the project.
B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR.
Duties of the Administrator shall include, but not be limited to:
(1) Review permits to assure sites are reasonably safe from flooding;
(2) Review all development permits to assure that the permit requirements of this Ordinance
have been satisfied;
(3) Require copies of additional Federal, State of Florida, or local permits, especially as s they
relate to Chapters 161.053; 320.8249; 373.036; 380.05, 381.0065; and 553, Part IV,
Florida Statutes, be submitted along with the development permit application and
maintain such permits on file with the development permit;
(4) Notify adjacent communities, the Florida Department of Community Affairs — Division
of Emergency Management — NFIP Coordinating Office, the South Florida Water
Management District, the Federal Emergency Management Agency, and other Federal
and /or State of Florida agencies with statutory or regulatory authority prior to any
alteration or relocation of a watercourse;
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(5) Assure that the flood - carrying capacity within the altered or relocated portion of any
watercourse is maintained;
(6) Verify and record the actual elevation (in relation to NAVD) of the lowest floor (A-
Zones) or bottom of the lowest horizontal structural member of the lowest floor (V-
Zones) of all new and substantially improved buildings, in accordance with SECTION
FIVE, B (1) and (2) and E (2), respectively;
(7) Verify and record the actual elevation (in relation to NAVD) to which the new and
substantially improved buildings have been flood - proofed, in accordance with SECTION
FIVE, B(2);
(8) Review certified plan and specifications for compliance. When flood - proofing is utilized
for a particular building, certification shall be obtained from a registered engineer or
architect certifying that all areas of the building, together with attendant utilities and
sanitary facilities, below the required elevation are water tight with walls substantially
impermeable to the passage of water and use structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in
compliance with SECTION FIVE, B (2) of this Ordinance. In Coastal High Hazard
Areas, certification shall be obtained from a registered professional engineer or architect
that the building is designed and securely anchored to pilings or columns in order to
withstand velocity waters and hurricane wave wash. Additionally in Coastal High
Hazard Areas, if the area below the lowest horizontal structure member of the lowest
floor is enclosed, it may be done so with open wood or plastic lattice and insect screening
or with non - supporting breakaway walls that meet the standards of SECTION FIVE, E
(6) of this Ordinance;
(9) Interpret the exact location of the boundaries of the areas of special flood hazard. When
there appears to be a conflict between a mapped boundary and actual field conditions, the
Floodplain Administrator shall make the necessary interpretation. The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this Section;
(10) When base flood elevation data and floodway data have not been provided in accordance
with SECTION THREE, B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State of Florida, or any other source, in order to administer the provisions of SECTION
FIVE;
(11) Coordinate all change requests to the FIS, FIRM and FBFM with the requestor, State of
Florida, and FEMA, and
(12) Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and
floodproofing elevations for new construction and substantial improvements in
accordance with SECTION FIVE, B (1) and (2), respectively.
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(14) Facilitate permitting or assist in waivers imposed by other agencies to allow for the
emergency deployinent of temporary housing supported by the Federal Emery
Management Agency, Florida Division of Emergency Management and Collier County
Emergency Management and its designees.
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
In all areas of special flood hazards, all development sites including new construction and
substantial improvements shall be reasonably safe from flooding, and meet the following
provisions:
(1) New construction and substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement
Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties
to ground anchors. This standard shall be in addition to and consistent with applicable
State of Florida requirements for resisting wind forces;
(3) New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage;
(4) New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, shall be designed and /or located so as to prevent water
from entering or accumulating within the components during conditions of flooding;
(6) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
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(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(8) On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a building that is in compliance
with the provisions of this Ordinance shall meet the requirements of "new construction" as
contained in this Ordinance;
(10) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this Ordinance, shall be undertaken only if said non-
conformity is not furthered, extended, or replaced;
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained and
submitted to the Floodplain Administrator along with the application for development
permit. Copies of such permits shall be maintained on file with the development permit.
State of Florida permits may include, but not be limited to the following:
(a) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management.
(b) Department of Community Affairs: in accordance with Chapter 380.05, F.S.,
Areas of Critical State Concern, and Chapter 553, Part IV, Florida Statutes,
Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065, Florida Statutes,
Onsite Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, Coastal Construction Control Line: in
accordance with Chapter 161.053, Florida Statutes, Coastal Construction and
Excavation;
(12) Standards for Subdivision Proposals and other new Proposed Development (including
manufactured homes):
(a) Such proposals shall be consistent with the need to minimize flood damage;
(b) Such shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize or eliminate flood damage;
and
(c) Such proposals shall have adequate drainage provided to reduce exposure to flood
hazards;
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(13) When proposed new construction and substantial improvements are partially located in
an area of special flood hazard, the entire structure shall meet the standards for new
construction;
(14) When proposed new construction and substantial improvements are located in multiple
flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations,
the entire structure shall meet the standards for the most hazardous flood hazard risk zone
and the highest base flood elevation.
B. SPECIFIC STANDARDS.
In all A -Zones where base flood elevation data have been provided (Zones AE, Al -30, A (with
base flood elevation), and AH), as set forth in SECTION THREE, B, the following provisions, in
addition to those set forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All new construction or substantial improvement of any
residential building (including manufactured home) shall have the lowest floor, including
basement, elevated to no lower than the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, there must be a minimum of two openings
on different sides of each enclosed area sufficient to facilitate automatic equalization of
flood hydrostatic forces in accordance with standards of SECTION FIVE, B (3).
(2) Non - Residential Construction. All new construction and substantial improvement of any
commercial, industrial, or non - residential building (including manufactured home) shall
have the lowest floor, including basement, elevated to no lower than the base flood
elevation. All buildings located in A -Zones may be flood - proofed, in lieu of being
elevated, provided that all areas of the building components, together with attendant
utilities and sanitary facilities, below the base flood elevation are water tight with walls
substantially impermeable to the passage of water, and use structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied using the FEMA Floodproofing Certificate. Such
certification along with the corresponding engineering data, and the operational and
maintenance plans shall be provided to the Floodplain Administrator.
(3) Enclosures below the lowest floor. New construction and substantial improvements that
include fully enclosed areas formed by foundation and other exterior walls below the
lowest floor elevation shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood
forces on exterior walls.
(a) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet or exceed the following minimum
criteria:
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(i) Provide a minimum of two openings (on different sides of each enclosed
area) having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot above adjacent
interior grade (which must be equal to or higher in elevation than the
adjacent exterior grade); and
(iii) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they provide the required net area of the
openings and permit the automatic flow of floodwaters in both directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles, storage, and building access. Access to the enclosed area shall be
minimum necessary to allow for parking of vehicles (garage door), limited storage
of maintenance equipment used in connection with the premises (standard exterior
door), or entry to the living area (stairway or elevator); and
(c) The interior portion of such enclosed area shall not be finished or partitioned into
separate rooms.
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All manufactured homes to be placed, or substantially improved within Zones A1-
30, AH, and AE, on sites: (i) outside of an existing manufactured home park or
subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an
expansion to an existing manufactured home park or subdivision; or (iv) in an
existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood, the lowest floor be
elevated on a permanent foundation to no lower than the base flood elevation and
be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(b) All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision that are not subject to the provisions of
paragraph 4 (a) of this subsection, must be elevated so that either:
(i) The lowest floor of the manufactured home is elevated to no lower than
one (1) foot above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers, or other
foundation elements 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 resist flotation, collapse, and lateral movement.
(iii) Manufactured or component built temporary homes provided
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evacuation plan be in place within -iv clays of residency in accordance with
guidelines imposed by the FEMA housing administrator or his designee.
(c) All recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices and
has no permanently attached additions), or
(iii) Meet all the requirements for new construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and
(b).
(iv)
(v)
provide post disaster emergency recreational vehicles within the
floodplain for a period not to exceed 18 months. Temporary utility
evacuation plan be in place within 30 days of residency in accordance with
guidelines imposed by the FEMA housing administrator or his designee.
(5) Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures within Zone AH.
(6) Standards for waterways with established Base Flood Elevations, but without Regulatory
Floodways.
Located within the areas of special flood hazard established in SECTION THREE, B,
where streams exist for which base flood elevation data has been provided by the Federal
Emergency Management Agency without the delineation of the regulatory floodway
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(Zones AE and Al -30), the following provisions, in addition to those set forth in
SECTION FIVE, B (1) through (5) shall apply.
(a) Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development, including fill, shall be permitted within the
areas of special flood hazard, 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 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 the Federal Emergency Management
Agency (FEMA).
(7) For all structures located seaward of the Coastal Construction Control Line (CCCL), the
lowest floor of all new construction and substantial improvements shall be elevated to no
lower than the 100 -year flood elevation established by the Florida Department of
Environmental Protection or by FEMA in accordance with SECTION THREE, B,
whichever is higher. All non - elevation design requirements of SECTION FIVE, B, shall
apply.
C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE
FLOOD ELEVATIONS AND REGULATORY FLOODWAYS.
Located within the areas of special flood hazard established in SECTION THREE, B,
where there exist A -Zones for which no base flood elevation data and regulatory floodway have
been provided or designated by the Federal Emergency Management Agency, the following
provisions shall apply:
(1) Require standards of SECTION FIVE, A.
(2) 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.
Standards set forth in SECTION FIVE, B, shall apply.
(3) The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a Federal, State of Florida, or any other
source, in order to administer the provisions of this Ordinance. When such data is
utilized, provisions of SECTION FIVE, B, shall apply. The Floodplain Administrator
shall:
a) Obtain the elevation (in relation to the mean sea level NAVD) of the lowest floor
(including the basement) of all new and substantially improved structures,
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b) Obtain, if the structure has been floodproofed in accordance with the requirements
of SECTION FIVE, B (2), the elevation in relation to the mean sea level (NAVD)
to which the structure has been floodproofed, and
C) Maintain a record of all such information.
(4) Notify, in riverine situations, adjacent communities, the State of Florida, Department of
Community Affairs - NFIP Coordinating Office, and the South Florida Water
Management District prior to any alteration or relocation of a watercourse, and submit
copies of such notifications to FEMA.
(5) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(6) Manufactured homes shall be installed using methods and practices that minimize flood
damage. They must be elevated and anchored to prevent flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of over - the -top
or frame ties to ground anchors. This requirement is in addition to applicable State of
Florida and local anchoring requirements for resisting wind forces.
(7) When the data is not available from any source, in accordance with the standard set forth
in SECTION FIVE, C (2), of this Ordinance, the lowest floor of the structure shall be
elevated to no lower than (three feet) above the highest adjacent grade. Standards set
forth in SECTION FIVE, B, shall apply
D. STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-
ZONES).
Located within areas of special flood hazard established in SECTION THREE, B, are
Coastal High Hazard Areas, designated as Zones VI-30, VE, or V (with BFE). The following
provisions shall apply:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B (7)), C,
and D.
(2) All new construction and substantial improvements in Zones V1—V30, VE, and V (with
BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to no lower than the base flood
elevation whether or not the structure contains a basement; and
(b) The pile or column foundation and structure attached thereto is anchored to resist
floatation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Water loading will be
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those values associated with 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.
(c) For all structures located seaward of the Coastal Construction Control Line
(CCCL), the bottom of the lowest horizontal structural member of the lowest floor
of all new construction and substantial improvements shall be elevated to the 100 -
year flood elevation established by the Florida Department of Environmental
Protection or the base flood elevation, whichever is the higher.
(3) A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of practice
for meeting the provisions of this Section.
(4) Obtain the elevation (in relation to mean sea level NAVD) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings and columns) of all
new and substantially improved structures. The Floodplain Administrator shall maintain
a record of all such information.
(5) All new construction and substantial improvements shall be located landward of the reach
of mean high tide.
(6) Provide that all new construction and substantial improvements have the space below the
lowest floor either free of obstruction or constructed with nonsupporting breakaway
walls, open wood lattice -work, or insect screening intended to collapse under wind and
water loads without causing collapse, displacement, or other structural damage to the
elevated portion of the building or supporting foundation system. For the purposes of
this Section, a breakaway wall shall have a design safe loading resistance of not less than
10 or no more than 20 pounds per square foot. Use of breakaway walls which exceed a
design safe loading resistance of 20 pounds per square foot (either by design or when so
required by State of Florida or local local codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the following
conditions:
(a) Breakaway wall collapse shall result from water load less than that which could
occur during the base flood; and
(b) The elevated portion of the building and supporting foundation system shall not
be subject to collapse, displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and non - structural). The water loading shall be those values associated
with the base flood. The wind loading values shall be those required by applicable
Florida or local, if more stringent than those of the State of Florida, building
standards.
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(c) Such enclosed space shall be usable solely for parking of vehicles, building
access, or storage. {Such space shall not be finished, partitioned into multiple
rooms, or temperature-controlled.}
(7) Prohibit the use of fill for structural support. No development permit shall be issued for
development involving fill in coastal high hazard areas unless it has been demonstrated
through appropriate engineering analyses that the subject fill does not cause any adverse
impacts to the structure on site or other properties.
(8) Prohibit man -made alteration of sand dunes and mangrove stands that would increase
potential flood damage.
(9) Standards for Manufactured Homes:
(a) All manufactured homes to be placed or substantially improved on sites: (i)
Outside a manufactured home park or subdivision, (ii) In a new manufactured
home park or subdivision, (iii) In an expansion to an existing manufactured home
park or subdivision, or, (iv) In an existing manufactured home park or subdivision
in which a manufactured home has incurred "substantial damage" as the result of
a flood, must meet the standards of SECTION FIVE, E (2) though (8); or
(b) All manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision shall meet the requirements of
SECTION FIVE, B (4) (b).
(10) Recreational vehicles placed on sites within Zones VE, Vl —V30, V (with base flood
elevation) on the FIRM either
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use (on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions); or
(c) Meet the requirements of SECTION FIVE, E (2) through (8).
(11) For all structures located seaward of the Coastal Construction Control Line (CCCL), the
bottom of the lowest horizontal structural member of the lowest floor of all new
construction and substantial improvements shall be elevated to the flood elevation
established by the Florida Department of Environmental Protection or the base flood
elevation, whichever is the higher. All non - elevation design requirements SECTION
FIVE, E (2) through (10) shall apply.
(12) When fill is proposed, in accordance with the permit issued by the Florida Department of
Health, in a Coastal High Hazard Area, the development permit shall be issued only upon
demonstration by appropriate engineering analyses that the proposed fill will not increase
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the water surface elevation of the base flood nor cause any adverse impacts to the
structure on site or other properties by wave ramping and deflection.
SECTION SIX: VARIANCE PROCEDURES.
A. DESIGNATION OF VARIANCE AND APPEALS BOARD.
(1) The Board of Zoning Appeals as established by the Board of County Commissioners of
Collier County, Florida, shall hear and decide appeals and requests for variances from the
requirements of this Ordinance.
B. DUTIES OF VARIANCE AND APPEALS BOARD.
The Board shall hear and decide appeals when it is alleged an error in any requirement,
decision, or determination is made by the Floodplain Management Administrator in the
enforcement or administration of this Ordinance. Any person aggrieved by the decision of the
board may appeal such decision to the Circuit Court.
C. VARIANCE PROCEDURES.
In acting upon such applications, the Board of Zoning Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other Sections of this Ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
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(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment of transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
(12)
housing effort shall terminate within 18 months of issuance.
D. CONDITIONS FOR VARIANCES.
(1) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the variance would result in exceptional
hardship; and
C) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the minimum
necessary deviation from the requirements of this Ordinance.
(3) The Floodplain Administrator shall maintain the records of all variance actions, including
justification for their issuance or denial, and report such variances in the community's
NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of
Community Affairs, NFIP Coordinating Office.
E. VARIANCE NOTIFICATION.
Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
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(1) The issuance of a variance to construct a structure below the base flood elevation will
result in increased premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk
of Court and shall be recorded in a manner so that it appears in the chain of title of the affected
parcel of land.
F. HISTORIC STRUCTURES.
Variances may be issued for the repair or rehabilitation of "historic" structures — meeting the
definition in this Ordinance — upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a "historic" structure.
G. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated floodway if any impact in flood
conditions or increase in flood levels during the base flood discharge would result.
SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: REPEAL OF ORDINANCE NO. 86-28, AS AMENDED.
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DRAFT from CAn 2- 24 -1.0
This Ordinance hereby repeals all portions of Ordinance No. 86 -28 and all amendments
thereto.
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
LIM
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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