Ordinance 85-54ORDINANCE NO. 85- ~4
AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY
ORI~.INANCE NO. 79-62, THE COLLIER COUNTY FLOOD
PREVENTION ORDINANCE; AF~ENDING SECTION SIX OF
SAID ORDINANCE; AMENDING SECTION EIGHT OF SAID
ORDINANCE; DELETING SUBSECTION 12(1) (e) (iv) O
SAID ORDINANCE! ADDING SECTION TWENTY-FOUR TO
PROVIDE FOR A GENERAL AMENDMENT PROVISION;
ADDING
SECTION TWENTY-FIVE TO PROVIDE THAT THE~
CHIEF ADMINISTRATIVE OFFICIAL IS GIVEN DISCRE~
TION IN PERMITTING; ADDING SECTION TWENTY-SIX~O
PROVIDE FOR NOTICE TO PERMIT APPLICANTS; PROVLD-
ING FOR CONFLICT AND SEVERABILITY; PROVIDING
' EFFECTIVE DATE.
WHEREAS, in 1983, Collier County filed an appeal relating to
those base flood elevations proposed and presented on preliminary
Flood Insurance Rate Maps (FIRMs) by the Federal Emergency
Management Agency (FEMA) for the unincorporated area of Collier
County; and
WHEREAS, the appeal has been resolved in favor of Collier
County and FEMA has accepted those elevations set forth in "The
Determination Of 100-Year Coastal Surge Flood Elevations For
Coastal Collier County, Florida," prepared by the South Florida
Water Management District (SFWMD), dated April, 1984; and
WHEREAS, Flood Insurance Rate Maps are ~o be prepared by
FEMA reflecting the SWFMD elevations, but such maps will not be
completed and forwarded to Collier County for a period of several
months; and
WHEREAS, FESTA has authorized Collier County to regulate its
flood plain management and permitting based on the SUWMD eleva-
tions in the interim period prior to receipt of the formal Flood
Insurance Rate Maps to be prepared by FEMA;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CCMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Collier County Ordinance No. 79-62, Section Six, shall be
amended to read as follows:
Section 6. Lands To Which This Ordinance Applies
This Chapter shall apply to all areas of special flood
hazards in the unincorporated area of Collier County, Florida,
and identified by the Federal Insurance Administration in its
Words underlined are added; Words e%~mek-~~ are deleted.
FIRM, dated September 14, 1979, and any revisions thereto ~.
where clearly identified and deemed appropriate by the Chief
Administrative Officialt as set forth in "The Determination Of
100-Year Coastal Surqe Flood Elevations For Coastal Collier
Countyt Florida"t as prepared by the South Florida W~.ter
Management District~ said elevations set forth on the map
attached thereto.
SECTION TWO:
Collier County Ordinance No. 79-62, Section Eight, shall be
amended to read as follows:
Section 8. Basis For Establishing The Areas Of Special
Flood Bazard.
The areas of special flood hazard as identified by the
Fed-ral Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study For Collier County,
Florida, Unincorporated Area", dated March, 1979, with accompany-
ing Flood Insurance Rate Maps, dated September 14, 1979 or! where
clearly identified and deemed appropriate at the sole discretion
of the Chief Administrative Official~ those elevations set forth
in "The Determination Of 100-Year Coastal Surqe Flood Elevations
For Coastal Collier Count¥~ Florida"~ dated April~ 1984 with
attached map are the basis for establishing the areas of special
flood hazards. The Flood Insurance Study and accompanying FIRM
and "The Determination Of 100-Year Coastal Surqe Flood Elevations
For Coastal Collier County~ Florida"~ dated ~pril~ 1984~ with
attached map shall be on file and shall be open for Rublic
inspection in the Office of the Clerk to the Board of County
Commissioners located in Building "F", Collier County Government
Center, 3301Tamiami Trail, East, Naples, Florida.
SECTION THREE:
Collier County Ordinance 79-62 shall be amended to delete
subsection 12(1) (e) (iv) , which shall read as follows=
(e) Breakaway walls shall be allowed below the base flood
elevation in the V Zones provided they are not part of the
Words underlined are added; Words s%~ek-~ are deleted.
2
021,," 20'/
structural support of the building and are designed so as to
breakaway, under abnormally high tides or wave action, without .
damage to the structural integrity of the building on which they.
are to be used and provided the following design specifications].I
are met:
(i) Allow flood waters to rise and flow freely under .~
the .tructure.
(ii) Not cause the accumulation of waterborne debris.
(iii) Breakaway walls will have a minimum wind load of ·
25 pounds per square foot (P.S.F.) on a vertical
panel and their connections.
a~ee~-~he-b=eakaway-wa~s-~m-any-manne=-whaes~ewe~
oehe~w~se-~e~se~y-a~e~-~he~-B~ea~away-eapaB½~
~¥} (iv) Prior to construction, plans for any structure
that will have breakaway walls must be submitted
to the Chief Administrative Official for approval.
Breakaway walls shall be designed by a registered
professional engineer or a registered professional
architect and shall appear to be an integral part
of the structure it is designed to serve.
~w~ Ivl Any alteration, repair, reconstruction or
improvements to a structure started after the
enactment of this ordin%~ce shall not enclose the '
space below the lowest floor unless it is
waterproofed as per SECTION 11,(4) or breakaway
walls are used as provided for in SECTION 12,(e)
of this ordinance.
Words underlined are added; Words s~=~ek-~h~eu~h are deleted.
SECTION FOUR~
Collier County Ordinance No. 79-62 shall ba amended to a~d
Section 24, which shall read as follows,
Section 24. Supplemental Authorization To Issue Permit.
All references to regulations authorizin~ the issuance of
permits based on the Flood Insurance Study For Collier
County~ Florida~ Unincorporated Area~ dated March~ 1979t
with accompanying Flood Insurance Rate Maps~ dated September
14~ 1979 are hereby amended to include authorization for the
issuance of a permit by the Chief Administrative Official~
in such instances as can be clearly identified and deemed
appropriate by the Chief Administrative Official~ based upon
"The Determination Of 100-Year Coastal Surqe Flood
Elevat~on:~ For Coastal Collier County! Florida"~ dated
April~ 1984f with attached map.
SECTION FIVE:
Collier County Ordinance No. 79-62 shall be amended to add
Section 25, which shall read as follows:
Section 25. Intent
Due to the smaller size an~ lack of detail on the South
Florida Water Management District map as compared to
standard Flood Insurance Rate Maps! it is the intent of this
Ordinance that the Chief Administrative Official be given~
and such Official is hereby given~ the sole discretion to
determine whether a subject structure described in an appl~
cation for a development permit will be placed clearly and
distinctly within one designated area of elevation on the
South Florida Water Management District map. If a subject
structure or lot cannot be clearly defined within such an
area~ as determined by the Chief Administrative Official~
such Official shall have the discretion of:
(1) Issuing a denial of the ~pplication for a develop-
ment permit~ or
Words underlined are added; Words e~ek-%h~e~h are deleted.
4
(2) Issuing an approval of the application for
development permit subject to the applicant constructing at
the higher of two levels where the structure or lot cannot
be determined to be clearly within one area or the other.
SECTION SIX:
Collier County Ordinance No. 79-62 shall be amended to add
Section 26, which shall read as follows~
Section 26. Notice And Disclaimer To Permit Applicant.
Each applicant for a development permit to be issued based
on the South Florida Water Management District elevations
shall be advised in writing that his permit is being issued
under interim reQulations and that the applicant assumes
responsibility for all flood insurance considerations which
might be affected or changed upon receipt of the finalized
Flood Insurance Rate Maps and their incorporation into the
Collier County Flood Prevention Ordinance.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the morQ
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competeD~ jurisdiction, such portion shall be deemed a soparate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION EIGHT: Declaration of Emergency and Effective Date.
This Board does hereby declare that an emergency e~ists and
that fmmediate enactment of this Ordinance is necessary, and by
no less than four-fifths (4/5ths) vote of the membership of the
Board does hereby waive notice of intent to consider this
Ordinance.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with t~ Department of State of
the State of Florida, as soon after enactment as is practicable
Words underlined are added; Words e~=u~k-~h~ugh are deleted.
5
by depositing the same with the postal authorities of the
government of the United States for special delivery by certified
mail, postage prepaid, to the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 1st day of October, 1985.
DATED:
ATTESTz
. ,..,'>
~'.' :- ,2
Approved as bo form and
"~.l~gal s~.ffid~ency:
~fineth B. Cuy~r
Assistant Counky Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FREDEkI~K J-.'9OSS, Chairman
This ordnance filed with the
.~Sec~gretary of St_ote',s Office the
day of
and ocknow'edgement of that
filing received this3.Z.Cc~ day
of ~3~L~.~ --, .
Words underlined are added; Words s~uek-%h=~ugh are deleted.
6
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original oft
ORDINANCE 85-54
which was adopted by the Board of County Commissioners
vie e~ergency proceduree during Regular Session on the
day of October, 1985.
WITNESS ~y hand and the official seal of the Board
County Commissioners of Collier County, Florida, this
day of October, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of County
Commissioners and Governing B.0. a.r.d'
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