CCPC Backup 10/07/2010 Rccpc
REGULAR
MEETING
BACKUP
DOCUMENTS
OCTOBER 7. 2010
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 7,
2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR
GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON
AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE
WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE
RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED
TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF 'THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES — September 2, 2010
6. BCC REPORT- RECAPS — September 28, 2010
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
9. ADVERTISED PUBLIC HEARINGS
A. CU- 2008 -AR- 14078: Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere,
AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passidomo, PA., is requesting a
Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural
Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section 2.03.0l.A.l.c.1 and Section
4.08.06.B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing
and production of material for a project to be known as the Immokalee Sand Mine. The 898± -acre subject
property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with
SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: Kay
Deselem, AICP]
1
10. OLD BUSINESS
11. NEW BUSINESS
A. Review & Approval of the Flood Damage Prevention Ordinance [Coordinator: Robert Wiley]
B. Watershed Plan Update Workshop [Coordinator: Mac Hatcher]
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
9/23/10 CCPC Agenda /Ray Bellows /jmp
E
'10A • Sunday, September 19, 2010 • Naples Daily News
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1101:i�IC��C9�yC�J
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Com-
mission (CCPC) at 8:30 A.M., Thursday, October 7, 2010, in the Board of County Commission-
ers Meeting Room, 3rd Floor, Administration Building, Collier Government Center, 3301 East
Tamiami Trail, Naples Florida, to consider:
Petition: CU- 2008 -AR- 14078, Cemex Construction Materials Florida, LLC, represented by
Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Pas -
sidomo, PA., is requesting a Conditional Use within the Rural Agricultural Zoning District with a
Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant
to Section 2.03.01.A.1.c.1 and Section 4.08.06.B.4.b. of the Collier County Land Development
Code, to allow earth mining and related processing and production of material for a project to be
known as the Immokalee Sand Mine. The 898± -acre subject property is located on the north
side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6
and 7, Township 46 South, Range 29 East, Collier County, Florida. (Coordinator: Kay Deselem,
AICP, Principal Planner)
All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Individuals selected to speak on behalf of an organization or groups
are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the
chairman. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to October 7, 2010, in order to be considered at the public hearing. All materials used in
presentation before the CCPC will become a permanent part of the record and will be available
for presentation to the Board of County Commissioners, if applicable.
PROJECT
LOCATION
C.R. 846
C.R. 858
Any person who decides to appeal
a decision of the CCPC will need
a record of the proceedings per-
taining thereto, and therefore may
need to ensure that a verbatim re-
cord of the proceedings is made,
which includes all testimony and
evidence upon which the appeal is
to be based.
Collier County Planning
Commission
Collier County, Florida
Mark P. Strain, Chairman
No. 231187201 September 19. 2010
(PLEASE PRINT CLEARLY) A ends It
g em # �-
MEETING DATE � � J �> �7 L� j2 % 2 p � ,� (Circle Meeting Type) Regular Special Workshop kshop Budget
AGENDA ITEM TITLE_ d/- l2'11-/%letLi/k5
NAME I c /-7 1'J-- ADDRESS
Representing/ Petitioner: /-' e I I
I'leovfZoC�" 5 Jam. 041
Other:
�-G
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
118
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +-- - - - - -_ - - - - - --
BCC /ENGINEERING - ENVIRONMENTAL
FINANCE DEPARTMENT
3301 TAMIAMI TRL E #F 7TH
NAPLES FL 34112
REFERENCE: 068783 4500111683
59629495 NOTICE OF MEETINGNOT
State of Florida
Counties of Collier and Lee
Before the undersigned authority, personally
appeared Kim Pokarney, who on oath says that she
serves as the Accounting Manager, of the Naples
Daily News, a daily newspaper published at Naples,
in Collier County, Florida: distributed in Collier
and Lee counties of Florida; that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 09/27
AD SPACE: 26 LINE
FILED ON: 09/27/10
NOTICE OF MEETING
Notice is hereby given that there will
be a workshop on the Watershed
Management Plans on Thursday Octo-
ber 7, 2010 at the Collier County Plan-
ning Commission meeting starting at
8:30 am. The meeting will be held at
the Board of County Commissioner's
Chambers, W. Harmon Turner Building
(Bldg. F) located at 3301 E. Tamiami
Trail, Naples, FL 34112.
The meeting is open to the public
If you are a person with a disability
who needs any accommodation in or-
der to participate in this proceeding,
you are entitled, at no cost to you, to
the provision of certain assistance.
Please contact the Collier County Fa-
cilities Management Department lo-
cated at 3301 E. Tamiami Trail, Naples,
FL 34112, (239) 252 -8380; assisted lis-
tening devices for the hearing im-
paired are available in the Board of
County Commissioners Office.
For more information, call
Mac Hatcher in the Stormwater and
Environmental Planning Section of the
Land Development Services Depart-
ment at (239)252 -2954.
September 27 2010 Nol869865
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Signature of Affiant
Sworn to and Subscribed before me this �1.�1� day of `'je embtr 20`0
Personally known by me RQnof f ".jO - -
Ppy p-s ��:
KAfiOL E KANGAS
Notary Public -State of Floridz
My Comm. Expires Jul 29, 2013
Commission # DD 912237
Co Bier C014nty
=,:,esa '(W� it "' 9" oe.,i.xnpt'N,�yyaunwer��' - seeuiegas,q�
Growth Management Division
Planning & Regulation
Land Development Services
Memorandum
To: Commissioners
Collier County Planning Commission
From: Robert C. Wiley, P.E., CFM, Principal Project Manager
FEMA Floodplain and Watershed Planning Section
Date: September 28, 2010
Subject: Flood Damage Prevention Ordinance
The Flood Damage Prevention Ordinance presented to the Collier County Planning Commission for review and
approval started with a comparison of the current Collier County Ordinance 86 -28, as amended, with the State of
Florida Model Flood Damage Prevention Ordinance (revised 1- 29 -09). This comparison was prepared by the
County Attorney Office and delivered to staff on 2- 24 -10. Using this 2 -24 -10 CAO document, staff then began
making the revisions you will see in the current DRAFT document (9 -1 -10 DSAC Approval Draft) which has been
reviewed by the Floodplain Management Planning Committee (FMPC) and the Development Services Advisory
Committee (DSAC).
There is one exception to the DSAC recommendations, and that addresses a 20% allowance for shear walls to
obstruct open space beneath the base flood elevation in the coastal VE zone. The DSAC's motion indicated that
one of their members would provide staff with the current ordinance language allowing the 20% factor, but as it
turns out, there is no such existing ordinance language. The reference was really in the Florida Building Code, and
FEMA has stated the ordinance would be rejected if we include that language within it. The DSAC member has
discussed this with Mr. Jim Turner in the Building Department, and is agreeable to not including the 20% factor in
the ordinance.
There are some requirements in the current Ordinance 86 -28, as amended, which are not included in the State's
model ordinance, and hence are not included in this DRAFT document.
• Anchoring of swimming pools to a pile or column foundation within the coastal high hazard area [Ord. 86-
28 Section 12(1)(e)]
• Inclusion of land areas seaward of the Coastal Construction Control Line (CCCL) established by the
Department of Natural Resources on 6- 27 -89, but landward of the FEMA "V" flood zones will not be
considered as within the coastal high hazard area [Ord. 86 -28 Section 5, definition of "coastal high hazard
area "].
• The requirement for all final plats to include the finished elevation of roads, the average finished elevation
of the lots or homesite, and the minimum base flood elevation is no longer included [Ord. 86 -28 Section
15].
Additionally, with many property owners asking questions about the new Preliminary Digital Flood Insurance Rate
Map (DFIRM) recently released by FEMA for public comment and review, the matter of addressing removal of
new construction from the Special Flood Hazard Area at the time of construction has led staff to propose the
following text being added into the DRAFT ordinance Section Five: Provisions for Flood Hazard Reduction.
"Qualified representatives for new construction within the Special Flood Hazard Area are responsible to
address impacts from the currently effective Flood Insurance Rate Map. Prior to receipt of a Certificate
of Occupancy (C.O.) for buildings that would qualify, the building permit applicant must submit a copy
of the following information to the Collier County Building Department:
• The completed FEMA Letter of Map Amendment (LOMA) or Letter of Map Revision based
upon Fill (LOMR -F) application, whichever is applicable, and
• A copy of the FEMA application fee check, if applicable."
Cc:
DRAFT FDPO Memo to CCPC 9- 28- 10.doc
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86 -28, 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 REDACTION; PROVIDING FOR
VARIANCE PROCEDURES; PROVIDING FOR REPEAL OF ORDINANCE
NO. 86 -28, 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.
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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87-80, 90 -31 and 2005 -51) revised to correspond
with State of Flonda Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; u'.,%iek :`„fough text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
SECTION ONE: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND OBJECTIVES.
GI�.Y�I7aIZiIfiYi7:i lly0 :101RY."11979
The Legislature of the State of Florida has in Chap•°- 125, CL,Jda Statutes authorized and
delegated in Chapter 125, Florida Statutes, the responsibility to of local governmental 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 ^° i0F C-B t5 Collier County are subject to periodic inundation,
which eeald- results in loss of life -and property damage, 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 could adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in d Gad - p!aias
floodplains causing increases in flood heights and velocities, and by the occupancy in flood
hazard areas by structures uses vulnerable to floods or hazardous to the other lands which
are inadequately elevated, #leedpreefed flood - proofed or otherwise inadequately
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 to minimize public and private losses due to flood conditions in specific areas by
provisions designed to
(1) To „ -_t_et h ._,_ CR_ and health Restrict or prohibit uses which are dangerous to health,
safetv and property due to water or erosion hazards, which result in darraeine increases in
erosion or in flood heights and velocities;
(2) To minimize expenditure of pub! money for costly and rronmentally-dffseuiid tl._,.J
eentrel- projects Require that uses vulnerable to floods including facilities which serve
such uses be protected against flood damage throughout their intended life span;
(3) T-s misimim the need f�F Fege-P and Felief eff+ii4q asqaPiated with flood ng and generally
undertaken at the expense of the general publie Control the alteration of natural
floodplains stream channels, and natural protective barriers which arc involved in the
accommodation of flood waters;
(4) To minimize °--1 °° °.,d business ens Control filling, grading, dredging and other
development which may increase erosion or flood damage; and
Collier County Ordinance No. 86-28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Otdinance, dated April 2A 2005 (Revised January 29, 2009)
Underlined text is added; sassak-EhFexgh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(5) To miiiimize damage to public facilities and titifities; sideh as v.,-ater- and gas mains, eleetfie,
telephone and tea... a.. ...r y , ..vim. ,
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(6) Te help maintain a stable tax base by pfeviding for the sound use and develepment of
fleed Yrv.,e zx. a.0 ,
(7) To a bl that tential L l of d tl,.,t
7, nSllre t8 the �egree- pes. rzo: �a- rar- pv�vrrauur- nvmu�er3- urv- iroar,ea a-ias
°.+. sin aii afea e f s al fleed hazard; and
(8) To eiistif e that these whe eeoupj, the afeas of speeial fleed hazard assume f espensibilit
f their
s
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 e_p, nerally
undertaken at the expense of the eg neral 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 4. METHODS OF REDUCING FLOOD LOSSES
°le
s
,. telted against flee 7 damage at the time of initial eenstf+tefiefilo
3
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stf:uek threuglr text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
f )
(4) GentFelhag filling, grading, 4edging and ether- develepment ��ieh may iflef:ease flood
damage; an
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 Chief A d*HiR:..._..tA,e Offs ial's 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 pending or sheet flow.
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. These afeas afe designated on the Fleed
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.
4
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; straek "en text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
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" ..t.. „et.,.., eiAai . a enelesed e efe
e »ay affixed to the ground, built f r- shelter- ne es;ua.e f aeeupaney of stefage
Chief adm-n4strafive effieslal "eFeVeF used shall mem the pefsen OF peffieffi designated by the GetH#Y
Manager- to he mspeasible f ,. the implementation and enfoF,ement of thi f.1:,.anee
Coastal high hazard area means the an area
De .,.w.» ,.t Of N t„ el De en june 27 1989, and the .,ti.. el r?1eed T„ a Pf:egFam (V-)
> .
land ______ seaward _ f this 11 »e is ___side.ed the Geast..l High Hazard .” f`u of special flood hazard
extending from offshore to the inland limit of a primary frontal dune along an open coast and an y
other area subject to high velocity wave action from storms or seismic sources. The area is
designated on the FIRM, as Zone VI - 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,
excavatieniM of drilling operations, or storage of egeriptftel3t materials or materials equipment.
Elevated buildins 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.
Enclosed .1 lidl t d with .,t le ..t t., thirds o f its a ete se.l _..4
a+ i� -cvacazarca- momiS--,rivximTivv » ...... »..... ».,...... »........,.., i .............. ....:::t,�.........
rigid walls.
Encroachment means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or alter the
flow capacity of a floodDlain.
5
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stivele #woo text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
Existine 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 ".
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 and the
eenstmetien of eet,.` was completed before September- 14, 1 n 1n September 4, 1979.
Sept,.mbef 14, 1979, the e ff e4iy , doe e f Collier- r,...m 4 first cro>,,r
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, an d either
final site grading or the pouring of concrete pads, ^" the ,.,......._,e fien of st gets)
Finished area A finished area is an enelesed area having rAefe dma 20 linear- feet ef finished waUs
(paneling et,) . ed F 1 he, dining living family t 1 er- (paneling, i equipped � b �> b «.'
eta '
Flood or flooding means:
(aa,) Aa general and temporary condition of partial or complete inundation of normally dry land
areas from:
(1) tThe overflow of inland or tidal waters;.
(2) tThe 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 Floodwav May (FBFM) means the official may of the community on
which the Federal Emergency Management Agency (FEMA) has delineated the areas of special
flood hazard and regulatory floodways.
6
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek thmegk text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
Flood Hazard Boundary Mai) (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 re"ie- ''eufft• Fre_:a.
community, issued by FEMA, e* -which delineated both the areas of special
flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by
FEMA. in
Fleea r....,._...,,.,. Rate ,,,r...., and- a.e vM-ter ,..F „e erevation- of the base flood 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.
Floodplain OF Aeed{Fene RFea 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.
Flood plain Floodplain management regulations means this ordinance and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances
(such as a Heed plate floodplain ordinance, grading ordinance, and erosion control ordinance) and
other applications of police powers which control development in flood -prone areas. This The
term describes st" Federal, Setate of Florida, or local regulations; in any combination thereof,
which provide standards for preventing and reducing flood loss and damage the ptifpese of
damage preventien and r-eduefieft.
Floodpr-oofed buildings or flood pr-ooflng is des*ed te faean "essentially wateffight" with walls
and wall openings substantially iffiper-meable te the passage ef water- and sameslir-al
asseeiated with the base fleed. Fleedpfeefiag eefnpenents for- door-s, windews, ete., ffmst be
installed within fetir hours after- issuanee ef a hl,fR' by the National Htif:Fieane Ceti'
7
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek &eu text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
Floodproofine 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 ene feet 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 pew 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.
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 adiacent 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) 47) 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:
8
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; st+aele &9ugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
b) 2-) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic distrie or a district preliminarily determined
by the Secretary to qualify as a registered historic district:
c) 3) Individually listed on a state the Florida inventory of historic places in states Vvith histefie
which have has been approved by the Secretary of the Interior; or
d) 4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. (a) By art the approved state Florida program as determined by the Secretary of the
Interior, or
2. (4) Directly by the Secretary of the Interior in states without ° ed
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 The lowest flee means the lowest floor of the lowest enclosed area (including
basement) „f the i,... est e ,awed , e The f ll,.. ing ., edif.e tions of the 1. west fleer defnitien
afe :tt„a.
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.
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; std tkaugh text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a
copious development of interlacing adventitious roots above the ground and which contain one or
more of the following species: Black mangrove (Avicennia germiaans Nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia rRacemosa); and buttonwood (Conocarpus
eErecta).
Manufactured home means a stfuettife building, transportable in one or more sections, which is
built on a permanent chassis and designed for- to be used with or without a permanent foundation
when attaehed connected to the required utilities. The term "fAeA a^ttifed eme" deer net inel de
a vehi^'^" 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
ro e
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.
♦.auY aaiv"iaJ the Flood 1ilJUi -u County,
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.
Geedetie Veftieal r,aWm rnTG 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
1929 ( f _,_, °_ly ealled Mean Se revel Datum e f 1929), 4, ^ a vertical control daw used as a
reference to for establishing the -'^ ^a elevnti 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, c - the pufpeses of detef iii - � Aes for floodplain
management purposes, a� structures for which the "start of construction" commenced on or after
September 4, 1979. and The term also includes any subsequent improvements to such structures.
For fleedplain mana i, `
flood insurance rates, structures for which the start of construction
10
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmak threa text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
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, the effective date of the first floodplain management regulations code, ordinance or standard
adopted by a community.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the floodplain.
of pemens ifieluding Stete and leeel a nos and a s the feef,
Septe ff lbe« 14, 1979, the e f f etiye ,let,, of Collie.. County's fi fst FIRA4
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.
eetiee land surve)ing Fle«i.1e under- a r-eeipfeeal istmtie« « keensing agTeefflent
another- O[IISC
Insur-ance A et of 1968, as may beamended
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 whieh that is:
11
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; st. text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
a) 04 l�Built on a single chassis;
b) (24400 square feet or less when measured at the largest horizontal projection;
cc) (3.) dDesigned to be self - propelled or permanently towable by a light duty truck; and
d) (4) dDesigned primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
arehiteet+if e in Fier-ida under- a r-eeipf oeal registration or- heensing agreement with anethef Sta4e.
Registered r .,{essi. nail engineer- engineer- registered .«... liee.sed by the c.__ _f fneans an Regulatory floodwav 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.
(Optional) 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. {Note: Inclusion of this definition allows policyholders to avail ICC portion
of the flood claim under the repetitive loss declaration by the County in addition to one time
substantial flood damage declaration by the County. However, if adopted the County will
need to track the flood damages over the 10 -year periods.}
_Riverine means relating to, formed by, or resembling a river (including tributaries) stream brook
etc.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Shallow flooding — see area of shallow flooding.
12
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek threa text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
Special flood hazard area — see area of special flood hazard.
Start of construction means, (for other than new construction Of 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 structure 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 ;
the installatien on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the maim 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.
te..n.te...en and 41w
State iaavuaau La�v sever -a! VLUwu, ulv Llou aa.t v1— t.v[uin possessions,,
-41w
the Trust TeFFiter-y o f the Dneife islands
wiaun , '• ,
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 a, for floodplain management purposes, a walled and roofed building,
c etufed , « ° including gas or liquid storage tank ef -ethe- man made f eila:en
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 eithe_! (1` Any pfe:eet c - any repair or
improvement of a structure to correct existing violations of sState 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 (2)Aany alteration of a - `historic
structure' -' provided that the alteration will not preclude the structure's continued designation as a
"historic structure' -'.
13
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; std thmu text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
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.
Variance Means is a grant of relief from the requirements of this ordinance "ieh peffflits
Violation means the failure of a structure or other development to be fully compliant with Collie
Geu ty's fleedplain management r-egula4ion 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 the that
documentation is provided.
17 zone. See "eeastal high hazard area".
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 19-1 29 for ether- dat*m, A4ef° °°iF °a` the North American Vertical Datum
(NAVD) of 1988, of floods of various magnitudes and frequencies in the #feed plains floodplains
of coastal or riverine areas.
SECTION THREE. GENERAL PROVISIONS.
6 A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard in the aninee-M°-ated °-°° of Gellie-
Map FIRM, dated November- 17 2005 and any r-evisiens the Fete within the jurisdiction of the
Board of County Commissioners of Collier County, Florida.
8 B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood hazard as identified by the Federal
Emergency Management Agency in a seientifie —and engineering— repertefrtitled "Tthe Flood
Insurance Study' FIS for Collier County, Florida, eaieeerpefated afea and Incor 2o rated Areas,
dated November 17, 2005, with the accompanying fleed insuf °n °° ° «° maps, dated r` eye he 1-7,
14
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek dwough text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
2005 _e the basis fer- establishing the of speeial Heed h a and other supporting data, and
any subsequent revisions thereto, are adopted by reference and declared to be a part of this
ordinance. The Flood Insurance Study and aeeempanong FIRM Florida Insurance Rate Map shA
be are on file and be epen f r- publie inspeefien in the at the office of the Clerk to the Board of
Countv Commissioners located at the County Government Center, 3301 Tamiami Trail East Bldg
F, 40' Floor, Naples, FL 34112 effice`ofthe Clerk to the Board of Ceti *- Co leent a
in Building F;"Collier- Ceu- ntyEewthsuse, 3301 T,,.«iami Trail East, Naples, Fl is 33962
C. DESIGNATION OF CHiE
AD MIN ISTlEb4TIVE OFFICIAL FLOODPLAIN
ADMINISTRATOR
O The Chief Ad : iaist:uti e Of eia' his designee is Board of County Commissioners of
Collier County, Florida hereby appointeds the Community Development and Environmental
Services Administrator to administer and implement the provisions of this ordinance and is herein
referred to as the FloodDlain Administrator.
9 D. ESTABLISHMENT OF DEVELOPMENT PERMIT
REQUIRED
it shall be a vielatien ef this efdinanee fef emy per-son to staA a develepment on land
leeated within *Le areas ef speeiO fleed hazefds witheet first having ebtained a develepme
A development permit shall be required in conformance with the Drovisions of this
ordinance prior to the commencement of any development activities.
E. COMPLIANCE
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; swdek through text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
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.
479 F. ABROGATION AND GREATER RESTRICTIONS
M 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.
-20 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 uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of Collier- 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.
U I. ENFORCEME PENALITIES FOR VIOLATION
previded by law-.
In to the in SECTION 21(l),
is hef:eby
(2) addition efifninal penalties pr-evided pewer-
Violation of the provisions of this Ordinance, includins violation of conditions and safeeuards
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.
Anv person who violates this ordinance or fails to comply with anv of its reauirements shall. upon
16
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek thFeugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
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.
4-0 A. PERMIT REOUIREME PROCEDURES
M Application for a Development Permit shall be made by the pfepei4y evffleff to the Chief
Adfninistfa4ive ^feie' Floodplain Administrator on forms furnished by him or her prior to any
development activities, and may include, but not be limited to, the following data and infeffm
(a) 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:
(11,) Application Stage:
(b) (a) Elevation in relation to 1493,1D ef the levves4 habitable mean sea level (NAVD) of ell
the proposed lowest floor (including basement) of all buildings-,
(e) b) Elevation in relation to NGVB mean sea level (NAVD) to which any non - residential
stfuetHfe building is-te will be flood - proofed:;
(d) (c) A ee#i fiegt:en of design .raps- Certificate from a registered professional engineer or
registered ^f ^F ss ^ ^ ^' architect that the non - residential flood - proofed sa-aet-twe building will
meets the flood- proofing criteria in SECTION 11 (4) e f this efdineHee SECTION
FOUR A (2) and SECTION FIVE, B (2);
(e) (d) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.-Land
(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.
/A i et: and AI!'VD elevation efbe eM mimedF er-ske 4iier, will namain until Ge#i fiee e of
t
Oeettpaney has been issued.
(2) Construction Stage:
17
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; std throu text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
Thy "CC «l: «. shall provide a flOOF eleveAien eeftifleatien aftef the 1 t fleef is
Coastal C" f: Y
the !owe 9er WFtI :« ten (10) lend d f t bl' 1 t f t lowest fl
� vTC@xcuam va7o of establishment vx cxxc xo yr ooc vvo
#leer, whieheyer 1s applleable it shall be the ,1 ♦ fit pefmit helder- t h- - t ♦ ♦ -
fleet which /'eabl" s built 1 ♦' t level. "Yr ' 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 done within the ten (10) day ,,:.leech d anA undertaken
prior to submission of the certification shall be at the permit holder's risk. The Gemplianee
Ser-vie ager- Floodplain Administrator shall review the lowest floor and flood -
roofin elevation survey data submitted e - " «r fman e. yeficieneies deteet ,a by " eh
nrnar ". i wed- being «"�:t4"a to ' 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:
(11,) Review permits to assure sites are reasonably safe from flooding,
Q Review all development permits to assure that the permit requirements of this ordinance
have been satisfied;
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek-threxgh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
Require copies of additional Federal State of Florida or local permits especially as they
relate to Chapters 161.053; 320.8249 32—ft ; 373.036; 380.05, 381.0065, and 553 Part IV
Florida Statutes, be submitted alone with the development permit application and maintain such
permits on file with the development permit;
(44) 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 A encL and other Federal and /or State of Florida
agencies with statutory or regulatory authority prior to any alteration or relocation of a
watercourse;
Assure that the flood - carrying capacity within the altered or relocated portion of an y
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;
M 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,
%2h
(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 reouired 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 •s 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;
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 interyretation. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the intetroretation as
provided in this Section;
1100) 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;
19
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; s#aek thresgh text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
Coordinate all change requests to the FIS, FIRM and FBFM with the reguestor, 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_
SCION H. SECTION FIVE: GENERAL STANDARDS PROVISIONS FOR FLOOD
HAZARD REDUCTION
A. GENERALSTANDARDS
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 are required:
(1) All Neew 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:
(2) (3) New construction and substantial improvements in the A zenes may be built °
tineenstfained but eempaeted fill if in eemplianee with the County Building Cede Ordinanee. Ne
adjeining .n4., -9 -hie, ° of .-°„«tr. a °d drainage stem, shall be con, structed with
materials and utility equipment resistant to flood damage.
(3) (4) Residential G°«nt.uet:°« New construction or substantial improvements efan5, .°side«':°'
S4HOWF shall _
be
constructed by methods and practices that minimize flood damage.
(4) Non Residential Gens detien New and ubstamia1 impr-evements „a non
shall, residential stfueter-es
base a„ °d level; er- (ii) together- ygth the ., H° .. n ndn «4 uti! 4r. and «.4.,r... 4eiliti °n be designed n° 41,n4
belew the base fleed level *h. 1tnw*1r-P iq essentially water-pfeefed, with walls substanfia4ly
impe.r,.eable to the nnnn.e° , of , .n4ef and with nt,-uoti«nl n err, « °« ents ha ying the n pabil'4rr of
resisting - hydresteAie -and hydred. nerni� leads and e€€eets -ef btteisate5,. —Fl ed «- eefin, :s
prohibited in the veleeity ("mss. The- prepefty owner- shall provide a aefti€:eatien b.,-a
registered pfef ..sien.,l engineef °_ fegist ed pfe f ..sien.,l afeh.teet fheA the design «dar- e f
this ..ubseetien n nn4is fled
20
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
(5) .411 . and substantial nts shall be ° nstmet °a , id ,.Electrical
heating, ventilation, plumbing, air conditioning equipment and other service facilities, including
duct work, t13at -are shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. -;
(6) A41 nNew eenstfuefien of substanAi l imprevement and replacement water supply systems
shall be designed to minimize geed damage or
eliminate infiltration of flood waters into the system;
Designs fer- meeting this r-equir-ement must either be eeftified by a fegister-ed pr-efessienal engineer-
having a total net area ef net less than ene square inch for- ever-y squafe feet of enelesed are
subjeef te fleeding shall be pr-evided. The bet4em ef all epenings shall be ne higher- than one feet
above the level of the fleer- they are te seMee. Openings may be equipped wit -RePens, IF_11W.'R_fsI
valves, er eth deviees provided tha4 they peffnit the atAefnatie enify and exit e
fleedWRteF.
(9) (77,) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
bnflew-infiltration of flood waters into the systems and discharges from the systems into flood
waters; and
9) All fiew and r-eplaeement water- supply systems shall be designed to fflinifflize or- elimine
(19) (88,) On -site waste disposal systems (in°luding septie tanks) shall be designed - and/ef- 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;
fleed eleva4iefi level, and all f6e! tanks fef said genefater-s must be weAefpr-ee
and vented above the base fleed elevatien level.
21
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stfuek Offeugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(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:
(aa,) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)((a) — Flood Protection and Floodplain Management.
bb) _Department of Community Affairs: in accordance with Chapter 380.05, F.S., Areas
of Critical State Concern, and Chapter 553, Part IV, F.S., Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065, F.S., Onsite Sewage
Treatment and Disposal Systems; and
(d,) Department of Environmental Protection, Coastal Construction Control Line: in
accordance with Chapter 161.053, F.S., 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.
22
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stm& through text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
(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.
(114) 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 elevations AH), as set forth in SECTION THREE, B, the following provisions, in
addition to those set forth in SECTION FIVE, A, shall apply:
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 opening
different sides of each enclosed area sufficient to facilitate automatic equalization of flood
hydrostatic forces in accordance with standards of SECTION FIVE, B (3).
Non - Residential Construction. All new construction and substantial improvement of an y
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 Floodwoofing 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 desi eng d 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 professional
engineer or architect or meet or exceed the following minimum criteria:
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 ever square
foot of enclosed area subject to flooding,
23
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmak dwough text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAC? 2 -24 -10
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 rg ade, ); 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.
SECTION 14. Regulations Standards for Manufactured Homes and Recreational
Vehicles
(3) (aa,) All manufactured homes to be placed, or substantially improved in an existing
fnanufaetufed heme park or- subdivision within Zones Al -30, AH, and AE, on sites:
6) outside of an existing manufactured home park or subdivision, 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 mus be elevated on a permanent
foundation sue'.: that he lowest floc. of the manufaetur-ed home abeve or- to no
lower than the base flood elevation and be securely anchored to an adequately
anchored foundation system in of this or-difianee to
resist flotation, collapse, and lateral movement. .' °....h, s te!
(i) All Mmanufactured 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:
mam faetu .,.a tom,.me . a fk , ubdi isien , pt A,he .e the
24
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek d"agh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(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.
(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
ley tie,. and ...,,.hef:ing requifefnents for fAanttf et„red },e.-. es ift aeee«,7anee with
this ewe all the requirements for new construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b).
(5) Adequate drainage paths around structures shall be provided on slopes to guide water awa
from structures within Zone AH.
25
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; struek dirough text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
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
(Zones AE and Al -30), the following provisions, in addition to those set forth in SECTION
FIVE, B (1) through (5 ) shall apply.
(aa) 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
26
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek dwaugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
or designated by the Federal Emergency Management Agency, the following provisions shall
auvly:
(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,
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) Notifv. in riverine situations, adjacent communities, the State of Florida,_ Department of
Community Affairs - NFIP Coordinating Office, and the South Florida Water Mana eg ment
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 Section, the lowest floor of the structure shall be elevated to
no lower than {three feetl above the highest adjacent grade. Standards set forth in
SECTION FIVE, B, shall apply
4-2 D. SPEC-ME STANDARDS FOR CONSTRUCTION WITHIN
COASTAL HIGH HAZARD AREAS (V-ZONES)
27
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek-through text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
O reas4..1 High u...,.._a Areas 1.,,,.,4 °a within the areas ,.f s ial s eed 1...,.._a ha- s t
fleed hazafds asseeiated with high veleeity weAer-s from tidal surge and h vash-;
the fefefe the f llow :ng pr-evisions shall apply!
Located within areas of svecial flood hazard established in SECTION THREE, B. are Coastal
High Hazard Areas designated as Zones V1 -30 VE or V (with BFE). The following provisions
shall apply:
Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B 7)), C,
and D.
(a) Provide Wl new construction and substantial improvements in the Geastal
L.1:°>, a °, ° -a A « °° Zones V1 —V30, VE, and V (with BFE) afe shall be elevated on pilings
or columns so that:
(i) (a) Qhe bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to no lower than er abeve the base flood
level elevation whether or not the structure contains a basement; -and
(4) (b) tThe -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 those values
shall cavh h sre- a vicpvPc °it crnmcc vf o°iiS equalled ..an..d .a in any given y°»« (100
year `ne «teE'V 4) A :stet -e,7 ,.,,F ssionsl engineer- _ .- e.hitss4 shall
d 1 r-eview the st fue4n,.s1 design speeifleatiens and plans for- then nstfuc4ien and
shall ,4•f. 41...4 the design and .......41,eds of eens4,.,, °4: °n 4e be used afe : _ _ __ -
.,pted s4sndaMs .,f,.,- s„tiee for- meeting the of subseetiens•(i) and (ii) of this
park 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.
28
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stfuek thfflugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(5) All new construction and substantial improvements shall be located landward of the reach
of mean hiah tide.
(b)(6) Provide that Aall new construction and substantial improvements % hip the r,...stal u: w
Hazafd Area AM! 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 of
state local codes) may be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
(i) a) bBreakaway wall collapse shall result from a water load less than that which
could occur during the base flood; and
00 b) tThe 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 to be used in this a . na fi n shall eaeh have
one per-eent ehanee of being equaled or- e9weeded in any given yeaF (100
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.
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.)
(e) All swimming peels wit4in the Geastal High 14azar-d Area shall be aneh
mevement due 4 the ff 4 C a a ate leads etin simultaneously
« pITthe pVVf
(d) (7) l""I!rohibited to the use of fill for structural support of w.liklin s Within the Coastal 14i,.h
A r-ea. 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.
29
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stm& three gk text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(0 (8) 4 1!rohibited man -made alteration to -aheF of sand dunes and mangrove stands di-
the Ge.,.,t.,l High Hazard Area if tl,e Pre:e.,t Review Manager- dete,.,iiaes that —stteh
alter—mien would increase potential flood damage.
(9) Standards for Manufactured Homes
(a) All manufactured homes to be placed or substantially improved on sites: 6) Outside
a manufactured home park or subdivision, (ii) In a new manufactured home park or
subdivision, NO 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, VI—V30, V (with base flood
elevation) on the FIRM either
(a) Be on the site for fewer than 180 consecutive days,
(fib 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
(oc) 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 en ing eering analyses that the proposed fill will not increase
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.
30
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; swaak Omugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(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.
4-7 B. DUTIES OF VARIANCE AND
APPEALS BOARD.
M The Board ec Ze«:«, Appeals, as established by the Beard er Ge..«ty re ff ffnissie «e , shall
hear and decide meals 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 Upeal such decision to the Circuit Court.
(2 The Beard of Zoning Appeals shall heat-- and decide appeals "en it is alleged there
the enfer-eement or- administfatien ef this or-dinanee. Stieh appeal shall be filed by the appell-ant
with the Beard ef Appea4s within five (5) days of the alleged effef, deeisien ef detefminaiefi;
the a .ed pefsen ..hall furnish a eepy e f seep appeal to the !"Lief A.i.«inis#atiye Offleiel
(3) The fe shall be a $50 .00 filing fee f e..eh appeal e «lien c
,.h deeisie« to thp, a .:t a ....t , as .ided by l w.
1-8 C. VARIANCE PROCEDURES.
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek threes text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(8) Upon eefisidefafieii of the faetefs listed abeve and the purposes ef this er-difianee,
neeessary to further then of this a fdinanee
(10) M5, applieant to whem a vafianee is granted shall b notiee that m,hef,,-a
the reduced levvest habitable floor elevation.
n rt n
nees to the Fede nr 11-nisiurr—Anivepe, A a :n:ntrnt: n . not
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:
The danger that materials may be swept onto other lands to the injury of others;
The danger of life and property due to flooding or erosion damage;
32
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek throu text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
(3,) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
The importance of the services provided by the proQosed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
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;
The safety of access to the proRerty in times of flood for ordinary and emergency vehicles;
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.
D. CONDITIONS FOR VARIANCES.
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.
0) rnvTrn,rnr i Varianee� hall not b ,ea after the f ;e,l
Tv�— wr– rxv-r'xir�7 —. a� oco shall not oc�ran cca a cc � Comment [RCWl]: Staff recommends keeping
this important statement in the ordinance. It is
currently shown as being removed since it is an
(4) The Floodplain Administrator shall maintain the records of all variance actions, including optional statement and exceeds the minimum
justification for their issuance or denial, and report such variances in the community's NFIP requirements.
Biennial Report or upon request to FEMA and the State of Florida, Department of
Community Affairs, NFIP Coordinating Office.
ffice.
33
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek thraug text is deleted.
Ord. 86 -28 to State Model Underline- Strikethru from CAO 2 -24 -10
E. VARIANCE NOTIFICATION.
Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
(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 Floodp_lain 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 Rroposed 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
34
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; ugh text is deleted.
Ord. 86 -28 to State Model Underline - Strikethru from CAO 2 -24 -10
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.
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
By:
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
35
Collier County Ordinance No. 86 -28 (as amended by Ordinance Nos. 87 -80, 90 -31 and 2005 -51) revised to correspond
with State of Florida Model Flood Damage Prevention Ordinance, dated April 29, 2005 (Revised January 29, 2009)
Underlined text is added; stmek threugh text is deleted.
9 -1 -1() DSAC Approval Draft
ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86 -28,
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 -28,
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. PROVIDNG FOR EINIE'RGE NCY TEMPORARN llOLJSI'4C.
FOLLONVING A DISA TER.
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.
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.
Comment [RCW11: Added by Emergency
Mgmt. staff
9 -1 -10 DSAC Approval Draft
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 'iinundation from
intense rain storms and/or topical cyclone storm surgo, which could result jn 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
(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:
Comment [RCW2]: Text added at request of
FMPC member.
Comment [RCW3]: Text changes at request of
engineering community .
Deleted: s
9-1 -10 DSAC Approval Draft
(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 �11'', �tilities 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.
,Agricultural buildings means structures designed for farming and agricultural practices,
including but not limited to: rowing and harvesting of crops and raising livestock and small
animals and include: barns: greenhouses; storage buildings for farm equipment, animal supplies
or feed; storage buildings for equipment used to implement farming and /or agricultural practices;
storage buildings for cropsgrown and raised on site (cold storage). and.horticultutal nursery.
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 Iles than 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. To
Comment [RCW4]: Text added at direction of
FMPC.
Comment [RCW5]: This definition from FEMA
is for use wnh this ordinance and is different than the
definition of accessory structure in the LDC.
Formatted: Font: Bold
Comment [RCW6]: Added by GMD staff to
match with direction from Brad Lear with FEMA
Region 4 on the AH flood zone delineation in the
upcoming DFIRMs.
Deleted: from one to
9 -1 -10 DSAC Approval Draft
qualify as an area of shallow flooding, the source of the flood water is rainfall and not coastal
surge.
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. "I The area is designated on the flood insurance rate map fir all
flood zones beginning with the letter "V" or "A "J
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 (BFE) 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 V1 - V30, VE,or V.1
�C'osmctic repair means the cleaning. sanitizing and resurfacing (e.g. sanding repair of joints
tEpainting)_of a flood damage-resistant material]
Datum A reference surface used to ensure that all elevation records are properly related. The
current national datum is theNorth American Vertical Datum (NAVD) of 1988. The National
Geodetic Vertical Datum (NGVD) of 1929 is no longer supported by the National Geodetic
Survey_,
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.
Comment [RCW7]: Explanatory text added at
direction of GMD staff.
Comment [RCW8]: Added to define term used
in Coastal High Hazard Area
Comment [RCW9]: "as amended or superseded"
added at direction of FMPC.
Comment [RCW10]: Under the existing County
ordinance, the coastal high hazard area also includes
all lands seaward of the CCCL which is more
restrictive than this definition obtained from FEMA.
Formatted: Font: Bold
Comment [RCW111: Definition added by GMD
staff. Definition comes from FEMA Technical
Bulletin 2 dated Aug. 2008,
Deleted: National Geodetic Vertical Datum
(NGV D) of 1929, which is expressed in relation to
mean sea level, or the
Comment [RCW 12]: Changed at request of
GMD staff and supported by. information from
N.G.S.
9 -1 -10 DSAC Approval Draft
,Development permit means, for the purposes ofthis ordinance, the local site developtent or
building pen-nit. as applicable, (i.e. any County pennit which must be approved by the County
prior to proceeding with any "development ")
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 ".
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).
Federal Emergency Management Agency (FEMA) mcans the federal agency under which the
-National Flood Insurance Program (NFIP) is administered. In March 2003. FF.MA became part
of the newly created ILS. Department of[ lorneland Security.)
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
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--- - _ - Comment [RCW 13]: Definition added at request
of the local engineering community. The portion
within the parentheses is the current definition.
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Comment [RCW14]: Definition added at request
of FMPC member.
Formatted: Font: Not Italic
9 -1 -10 DSAC Approval Draft
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.
Y'lood damage= resistant material means anv buildintl product (material colnDonent or system)
capable of withstanding direct and prolonged ("at least 72 hours) contact with floodwaters without
sustaining significant datnage that requires more than cosmetic repair To be considered as a
flood damage- resistant material. it must not cause degradation of adjacent materials or the
systems_of which the material is.a nart�
1
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 ';i•
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, and other related data and information.
i
Floodplain means any land area susceptible to being inundated by water from any source (see
definition of "Itlood or 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. That individual is the County Manager, or his
designewl
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.
1. wry floodproofing utilizes construction materials, and techniques able to withstand
the hydrostatic and hydrodynamic loads and buoyancy forces that would be caused by ;
flood depths, pressures, velocities. impact, and uplift forces associated with the base
flood and keep flood eaters from entering the building up to the,base flood elevation. .'
Comment [RCW15]: Deleted at direction of
GMD staff since this is N/A for Collier County.
FEMA recommends leaving it in.
Deleted: Flood Boundary and Floodway Map
(FBFM) means the official map ofthe community
on which the Federal Emergency Management
Agency (FEMA) has delineated the areas of special
flood hazard and regulatory floodways.
Deleted: I
Formatted: Font: Bold
Comment [RCW16]: Definition added by staff'.
Definition comes from FEMA Technical Bulletin 2
dated Aug. 2008.
Formatted: Font: (Default) Times New
Roman, 12 pt
Comment [RCW17]: Deleted at direction of
GMD staff since this is N/A for Collier County.
FEMA recommends leaving it in.
Deleted: 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
1 Approximate Zone A.
Deleted: I
Comment [RCW18]: Removed at direction of
GMD staff. FEMA recommends leaving it in.
Deleted: FHBM (where applicable),
Comment [RCW19]: Clarifying text added by
FMPC.
Comment [RCW20]: Clarifying text added by
GMD staff to match with Section 3(C).
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9 -1 -10 DSAC Approval Draft
2. All areas of thehuilding components below the,base flood elevation must be water
tip
bt with walls substantially impermeable to the passage of water, and contain all
internal seepage collection, control and discharge system capable of operating during
periods of electrical power loss.
3. The internal seepage collection, control and discharge system (e.g. sump pump) must
be capable of handling an allowable seepage rate for the entire building up to four (4)
inches of water depth during a 24 -hour period (103 gal lons/hour/ 1000 square feet).
4. In designing the building to be substantially impermeable, the allowable seepage
calculation assumes that the internal seepage collection, control and discharge system
is not in place and functioning, so it cannot be used in the calculations to offset the
leakage to below four (4) inches per 24 hours.
5. For existing buildings where no internal seepage collection, control and discharge
system was provided, the maximum allowable seepage rate for the entire building is
one quarter (1/4) inch of water depth ;during ,a 24 -hour period (6.5 gallons /hour /1000
square feet).
6. Flood resistant materials must be used in all areas where such seepage is likely to
occur.
7. The building's utilities and sanitary facilities, including heating, air conditioning,
electrical, water supply, and sanitary_ sewage services, must be located above the base
flood elevation, completely enclosed: within the building's watertight walls or made
watertight and capable of resisting damage during flood conditions.
8. Dry flood proofing components for openings through the substantially impermeable
walls (e.g. doors, windows. etc.) must be installed within fictur (4) hours, after issuance
ofa flood warning or a hurricane warning by the :National Ilurricane Center.
9. Wet Iloodproofing utilizes construction materials and techniques able to withstand
prolonged submergence without damage and readily allow floodwaters to enter the
building up to the base flood elevation.
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 thetfloodway.
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 that 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
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Comment [RCW22]: Word removed at direction
of GMD staff to avoid confusion of "floodway" and
"regulatory . floodway ". There is only the one teen.
Deleted: regulatory
Comment [RCW23]: Added per
recommendation of FMPC member.
9 -1 -10 DSAC Approval Draft
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.
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.
1
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 kAvicennia genninans); red mangrove
Comment [RCW24]: Deleted at direction of
GMD staff since term is not used within the
ordinance. FEMA recommends leaving it in.
Deleted: 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.
Deleted: I
Deleted: Nitida
9 -1 -10 DSAC Approval Draft
(Rhizophora mangle); white mangrove (LVuncularia,- acemosa); and buttonwood (Conocarpus _-
Deleted:n
recta):,
Deleted: R
Comment [RCW25]: Corrected spelling per
Manufactured home means a building, transportable in one or more sections, which is built on
GMD staff.
a permanent chassis and designed to be used with or without a permanent foundation when
Deleted: B
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�onverted elevation information ._.-
Comment [RCw26]: Deleted unnecessary text
based upon NAVD. After the effective date of this Ordinance, all elevation information
Deleted: a
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
9 -1 -1() DSAC Approval Draft
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.
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 L sec ';Floodway "I
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 4 National Flood Insurance Program (NFIP)- insured structure that has had
at least two paid flood losses of more than $1.000 each in any 10 -year period since September l
14, 1979.!
Riverine means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc. where the source of water originates from rainfall and not coastal surge.;
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
Shallow flooding — see area of shallow flooding.
10
Comment [RCW27]: Revised by GMD staff to
remove confusion by having two terms with the
same definition.
Deleted: 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.
Formatted: Font: Bold
Comment [RCW28]: This definition for
repetitive loss is the definition used by the CRS
program to determine the community's requirement
for a Floodplain Management Plan. FDEM
recommends using this definition. However they
also understand FEMA's desire to use the average
25% value definition which allows for the
application of ICC coverage for more structures that
have never had 50 % of value damage.
Comment [RCW29]: This definition for
repetitive loss reflects the definition in the amended
National Flood Insurance Act. It is used to allow
repetitive loss structures to qualify for ICC coverage.
This is the definition in the State's model ordinance,
and FEMA recommends using it. The real issue is
then using this definition as asubstantially damaged
structure. GMD staff direction is to propose deleting
this definition text since this is a higher regulatory
standard, but bringing the issue up for discussion. If
this text is kept in the ordinance, an explanation of
the calculation methodology would be added to
clarify that the 25% average cost value is determined
by calculating the flood damage cost/structure value
percentage for the first flooding incident, then
calculating the flood damage cost/structure value
percentage for the second flooding incident, and then
averaging the two percentage numbers. This would
require the County to modify its permitting
applications to ask if the permit was to repair flood
damage and if so provide the cost for the repair for
just the flood damage portion. The County would
need to establish a procedure to track the flood
damage issue in order to not simply approve the
second flood damage repair because the 50%
threshold had not been reached.
Deleted: 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.
Comment [RCW30]: Text added by GMD staff
for clarification in later usage of the term.
9 -1 -1() DSA+C Approval Draft
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.
Structure means, for floodplain management purposes, a walled and roofed building, including
gas or liquid storage tank that ispbove 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. j
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.
Comment [RCW31]: Definition deleted at the
direction of GM staff since the term is not used in
this ordinance.
Deleted: 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.
Deleted: I
Comment [RCW32]: Deleted "principally" at
direction of FMPC.
Comment [RCW33]: This definition is less
restrictive than the current definition which includes
infrastructure construction.
Deleted: principally
Comment [RCW34]: This statement from the
State's model ordinance is proposed for deletion by
GM D staffsince it is a higher regulatory standard.
This statement, coupled with the 25% average loss
statement in "repetitive loss" definition, would allow
for ICC coverage to be available for more structures
with flooding damage. However, it would also have
the potential to force more structures to be brought
into compliance with the current BFE's when they
may have never reached the 50% value threshold.
This becomes a policy decision for discussion.
Deleted: This term also includes "repetitive loss'
structures as defined herein.
Temporary Housing: Tvpically provided l)y the federal Em rgericy Mana0 ement Agency
( t 1 M.A) or the Florida_ Di tsion o;t_ 1_ rner� c.tiet \Matt agcmem (I I)_I;:M) in, accordance „rat_[h
guldaltce noted tac ................................................ t1lford1ct and/pr the Post-Katrina increnctiNIunaelielit Rkjolm A . ,g. g Deleted:
and similar laws FEMA or the Florida Division of Emergency Management may provide Deleted:',
liousing resources via its contractor or other approved aeencv such as the U.S. Department of
9 -1 -10 DSAC Approval Draft
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 �he channel and banks of 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. The watercourse
does not include the adjoining floodplain areas
Waterway means an area within the riverine (not coastal surge) ,portion of' the special flood
hazard area with depth of flooding equal to, or greater than, three,( 3) fect.l
Water surface elevation means the height, in relation to the ,forth American Vertical Datum
(NAVD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
�n'et season water table elevation (W SWT) — The elevation of the groundwater during that
period of time each year in which the upper surface of the groundwater, or that level below
which the soil or underlying rack material is wholly saturated with water, can nonnally be
expected to be at its highest level. Water table elevation is measured from the soil surface
downward to the upper level of saturated soil or upward to the free water level
Zone A means the flood insurance rate none used for I- percent- annual - chance (base flood)
floodplains that are determined for the Flood Insurance Study (F'IS) by approximate methods of
analysis. Because detailed hydraulic analyses are not performed for such areas. no Base Flood
Elevations (BFEs) or depths are shown in this zone.. Mandatory flood insurance purchase
requirements apply. This term should not be confused with the term "A- 'bones" which means all
flood zones starting with the letter "A ".
Zone AE means the flood insurance rate zone used for the I- percent- annual -chance floodplains
that are determined for the FIS by detailed methods of analysis. Inmost instances, BFEs derived
from the detailed hydraulic analyses are shown at selected intervals in this zone. Mandatory
12
Comment [RCW35]: Added by Emergency
Mgmt staff.
Comment [RCW36]: Text added by staff to
better match the definition in the NFIP Policy Index
on FEMA's web page.
COmment[RCW37]: Text added by staff to
better match the definition in the NFIP Policy Index
on FEMA's web page.
Comment [RCW38]: Definition added at
direction of.GMD staff to address the term used in
section 5(B)(6).
Formatted: Font: Not Bold —�
Comment [RCW39]: Deleted to standardize on I
use of NAVD in Collier County.
Deleted: National Geodetic Vertical Datum
(NGVD) of 1929 or the 11
Comment [RCW40]: Added to define term used
in A Zones without BFE. The definition is derived
from 64E -6.002 Florida Administrative Code.
9 -1 -10 DSAC Approval Draft
flood insurance purchase requirements apply. AE zones are also coastal areas of inundation by
the I -percent-annual -chance flood, including areas with the 2- percent wave run -up elevation less
than 3.0 feet above the ground, and areas with wave heights less than 3.0 feet. These areas are
subdivided into elevation zones with BFEs assigned. The AE zone will generally extend inland
to the limit of the I- percent- annual - chance Stillwater Flood Level (SWEL).
Zone AH means the flood insurance rate zone used for areas of .l- percent -annual -chance shallow
flooding from rainfall with a constant water - surface elevation (usually areas of ponding) where
average depths are less than 3 feet. BFEs derived from detailed hydraulic analyses are shown at
selected intervals within this zone. Mandatory flood insurance purchase requirements apply.
Zone D means the flood insurance rate zone for areas where there are possible but undetermined
flood hazards. In areas designated as Zone D, no analysis of flood hazards has been conducted.
Flood insurance is optional and available, and the flood insurance rates for properties in Zone D
are commensurate with the uncertainty of the flood risk.
Zone X means the flood insurance rate zone for areas outside the 1- percent- annual -chance
floodplain. No BFEs or depths are shown in this zone, and mandatory flood insurance purchase
requirements do not apply. Flood insurance is optional and available. Zone X is typically
divided into two sub - regions known as
• Zone X (Shaded) which represents the area outside of the 1- percent annual chance Formatted: Bulleted + Level: 1 + Aligned at:
floodplain but within the 0.2- percent annual chance floodplain, and 0.25° + Indent at: 0.5°
• Zone X (Unshaded) which represents the area outside of the 0.2- percent annual chance
floodplain.
Zone VE means the flood insurance rate zone for coastal high hazard areas where wave action
and/or high - velocity water can cause structural damage during the base flood They are
subdivided into elevation zones with BFEs assigned. Mandatory flood insurance purchase
requirements apply.
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all areas including areas of special flood hazard, within the Comment [RCW41]: Text added by GMD staff
jurisdiction of the Board of County Commissioners of Collier County, Florida. to provide for Inclusion of section 5(A)(16) text on
final floor elevation criteria throughout the County.
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 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, 4d' Floor, Naples, FL 34112.
13
9 -1 -10 DSAC Approval Draft
C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Board of County Commissioners of Collier County, Florida, hereby appoints the
(;panty ;Manager 9r designee �o 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 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.
14
Comment [RCW42]: Text identifying County
Manager as F.A. added at direction of GMD staff.
Comment [RCW43]: Added text with approval
of CAD to remove concern that only the
administrator personally was able to perform the
work assignments.
Deleted: Community Development and
Environmental services Administrator
9 -1 -10 DSAC Approval Draft
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 io remedy a deficiency or violation 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 llawfulj
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
Comment [RCW44]: Explanatory text added at
direction ofGMD staff.
Comment [RCW45]: Text added at request of
DSAC member.
[Comm ent [RCW46]: This section was prepared
y the County Attorney Office and is different than
e text of the State Model Ordinance.
(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 �hey are in accordance with accepted standards of practice in Coastal Comment [RCW47]: Added per
High hazard Areas. recommendation of FMPC member.
15
9 -1 -10 DSAC Approval Draft
(2) Construction Stage:
Upon placement of the lowest floor, or flood- proofin 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 Floodplain Administrator or designee) shall include, but not be limited to:
(1) Review permits to assure sites are reasonably safe from flooding;
(2) Review all development permits including the revievv o1' certified plans and
specifications for compliance, � to assure that the permit requirements of this Ordinance
have been satisfied;
Comment [RCW48]: Added per
recommendation of FMPC member.
Comment [RCW49]: Text added for clarification
Comment [RCW50]: Added text with approval
of CAO to remove concern that only the
administrator personally was able to perform the
work assignments.
Comment [RCW511: Text relocated from the
former 4(B)(8) at direction of GMD staff,
1
Comment [RCW52]: Text deleted at direction of
(3) 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
GMD staff.
Deleted: <p >Require copies of additional Federal,
State of Florida, or local permits, especially as they
relate to Chapters 161.053; 320.8249; 373.036;
310.05, 381.0065; and 553, Fan N, Florida Statutes,
alteration or relocation of a watercourse;
be submitted along with the development permit
application and maintain such permits on file with
the development permit;
(4) Assure that the flood - carrying capacity within the altered or relocated portion of any Deleted: <a >¶
watercourse is maintained;
(5) 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;
(6) 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, 13(2);
16
9 -1 -10 DSAC Approval Draft
1
(7) 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 Ordinance;
(8) 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;
(9) Coordinate all change requests to the EIS; and FIB; �vith the requestor, State of
Florida, and FEMA, and
(10) Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and
floodprooffng elevations for new construction and substantial improvements in
accordance with SECTION FIVE, B (1) and (2), respectively.
(H) Grant waivers with respect to location and base flood elevation requirements when
emergency post disaster temporary housing resources are needed in temporary housing
missions supported by the Federal Emergency Management Agency, Florida Division
of Emergency Management, Collier County Emergency Management and its designees
for a period not to exceed 18 months.
(12) Facilitate permitting or assist in waivers imposed by other agencies to allow for the
emergency deployment of temporary housing supported by the Federal Emergency
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 floodinAy meeting 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;
[6/
Comment [RCW53]: First sentence relocated to
4(B)2) above. Remainder of text moved to 5(A)(15)
per direction of GMD staff.
Deleted: <#>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;
Deleted: < # >I
Comment [RCW54]: Appeal process is
described in another section. Verify approval of
change with CAO.
Deleted: Section
Comment [RCW55]: Collier County has been
issued FIRM and not aFBFM. Text changed at
direction of GMD staff.
Deleted: ,
Deleted: and FBFM
Comment [RCW56]: Text added by Emergency
Management staff.
Comment [RCW57]: Text revision at direction
of GMD staff.
Deleted:, and
Comment [RCW58]: Moved to sub -point 4
position at request of FMPC member.
Deleted: (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;
Deleted: y
9 -1 -10 DSAC Approval Draft
(�)
New construction and substantial improvements shall be constructed with materials and
Deleted: 3
utility equipment resistant to flood damage (as supported by the current Florida Building
Code and 1`1 M:A lechnIC31BUlletil)S;
Comment [RCW59]: Clarifying text added at
direction of GMD staff.
(,3)
New construction or substantial improvements shall be constructed by methods and
- Deleted: a
practices that minimize flood damaged as supported by the current Florida Building
Code and I'liMA Technical Bulletins.
Comment [RCW60]: Clarifying text added at
direction of GMD staff.
�4)
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 1'lorida requirements for resisting wind forc�s;i
pp g �
Comment [RCW61]: Same text as when located
in sub -point 2 position.
(5)
Electrical, heating, ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, shall be located above the base flood elevation or
- Deleted: designed and/or
designed �o as to prevent water from entering or accumulating within the components
commenf[RCW62]:
_
during conditions of flooding;
Changed by FMPC
(6) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(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'. for that .alteration, repair, reconstruction of improvement I s contained in Comment [RCW63]: Clarifying text added at
this Ordinance; direction of GMD staff,
(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 pen-nit. 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 Kas: may be amended or superseded): Comment [RCW64]: Text added at direction of
FMPC.
(a) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) — Flood Protection and Floodplain Management.
18
9 -1 -10 DSAC Approval Draft
(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) �3�oposals shall be consistent with the need to minimize flood damage
(b) jProposals� shall have �llj utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize or eliminate flood damage; and '
(c) )- 'foposals shall have adequate drainage provided to reduce exposure to 'flood
hazards, ns provided by appropriate agencies which have appropriate jurisdiction;;
(13) When proposed new construction and substantial improvements are ,holly or �partially
located in an area of special flood hazard, the entire structure shall meet the standards
for new construction within an area of special flood hazardl;
(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.
(15) 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 SI?rCTION FIVl?,, 13 (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 wate'r's and hurricane wave wash.
Additionally in Coastal I ligh 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 FIFE, F. (6) of this Ordinance.!
(16)p3uilding Pad, Building Floor and Slab Minimum l <Ievations
19
Comment [RCW65]: Text changed at
recommendation of FMPC member.
Deleted: Such p
Comment [RCW66]: Text changed at
recommendation of FMPC member.
Comment [RCW67]: Text changed at direction
of FMPC.
Deleted: Such
Deleted: public
Comment [RCW68]: Text changed at
recommendation of FMPC member.
Deleted: Such p
Comment[RCW69]: Clarification text added by
DSAC.
Comment [RCW70]: The current ordinance
requires that base flood elevation data be shown on
the master subdivision plan and that all final plats
presented for approval shall clearly indicate the
finished elevation of the roads, the average finished
elevation of the lots or home sites, and the minimum
base flood elevation. Although it is currently
required in Collier County, it is technically a higher
regulatory requirement, and therefore was not added
to the text of the State's model ordinance.
COmment [RCW71]: Text added at direction of
GMD staff
Comment [RCW72]: Text added at direction of
GMD staff.
Formatted: Indent: Left: 0.31 ", Hanging:
0.31"
Formatted: Indent: Left: 0.31 ", Hanging:
0.31 ", Numbered + Level: 1 + Numbering
Style: 1, 2, 3, ... + Start at: 15 + Alignment:
Left + Aligned at: 0.5" + Indent at: 1"
Comment [RCW73]: Text moved to this
location from the former 4(13)(8) at direction of
GMD staff.
Formatted: Indent: Left: 0.31 ", First line: 0"
Formatted: Indent: Left: 0.31 ", Hanging:
0.31"
9 -1 -10 DSAC Approval Draft
(a) Ground elevations shall be gradually sloped away from the building to effectively-
Formatted: Indent: Left: 0.63 ", Hanging:
dram water away and to be managed on ones own lot through roof guttering or
0.31 ", Numbered + Level: 1 + Numbering
eat'thgr3ding.
Style: a, b, c, ... + Start at: 1 + Alignment: Left
(b) Plans shall show that construction of the lowest 'finished floor meets the elevation
+ Aligned at: 0.5" + Indent at: 1"
criteria listed below. When conflicts exist between FIRM Elevation and others._
the higher elevation shall be required:
i. FIRM ].devotion - at the elevation that has been established by the flood
Insurance Rate Maps (FIRM) as mentioned in the flood Damage Prevention
Regulations of Collier County.
ii. Paved Road - <t minimum of eighteen (18) inches above the crown of the
nearest street or interior roadway system if finished with paving (Note that for
properties fronting arterial roadways which have been elevated to or above the
100 -year flood level, the elevation is taken from the nearest local street or
interior roadway provided that the floor elevation is not lower than the
elevation of the arterial roadway.); or
iii. Graded or unfinished Road - twenty -fhur (24) inches above the crown if
graded or otherwise unfinished, or
iv. Mean Sea Level — eight and one -half (8.5) feet in elevation based on the North
American Vertical Daturn (NAVD) of 1988 or
N", Water Management Design -
1. Buildings within projects which have water management routing ands
Formatted: Indent: Left: 1.25"
storage facilities designed and built for a 25 year, 3 day storm event in
accordance with South Florida Water Management District's criteria may
use a finish floor elevation in accordance with the project's water
management designed 100 year zero discharge elevation or the FIRM
elevation, whichever is higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water lvlanagement District's criteria shall use a finish
floor elevation of eighteen (18) inches above the adjacent roadway crown
elevation (including Note in paragraph "b." above) or the FIRM elevation,
whichever is higher.
Vi. limtSUal Conditions - In parcels where unusual topographic conditions exist'
Formatted: Indent: Left: 1.06 ", Hanging:
and the above standard conditions cannot be reasonably applied, the Land
0.191,
Development Services Department, Engineering Review Services Manager
will consider requests to decrease the finish floor elevation. All requests will
require an analysis, by a Florida Registered Professional I ,.ngineer, of the 25
year, 3 day storm event and the 100 year, 3 day storm event using zero
discharge, for the entire discharge, for the entire drainage basin in which the
proposed structure is located. Reductions may be allowed on the basis of the
analysis, but in no case shall the finish floor be Tess than the FIRM.
vii. Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
Comment [RCW74]: Minimum floor elevation
text added to address current practice previously
included in the Building Construction Administrative
Code that was inadvertently deleted by Ordinance
B. SPECIFIC STANDARDS.
z009 -59.
Formatted: Indent: Left: 0.31 ", First line: 0"
20
9 -1 -10 DSAC Approval Draft
In all A -Zones where base flood elevation data have been provided JZones AE, Al -30, A Deleted:(
(with base flood elevation), and AHL as set forth in SECTION THREE, B, the following Deleted:
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 commercial, industrial, or non - residential 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. IINOTE: Floodproofing to just
the base flood elevation will result in a higher ilood insurance premium rate for
the structure because the flood insurance policy requires rating a structure at one
foot below the floodproofing elevation.I A registered professional engineer or Comment [RCW75]: Informational note added
architect shall certify that the standards of this subsection are satisfied using the FEMA at the direction of DSAC.
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:
(i) Provide a minimum of two openings jon different sides of each enclosed area, ,..
Deleted: 1
having a total net area of not less than one square inch for every square foot of
Formatted: Font: Not Bold
enclosed area subject to flooding;
J Deleted: I
(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
Comment[RCW7e]: Note this is the current
exterior grade); ;land
FEMA requirement and is different from the current
old ordinance language where elevation was
measured from exterior grade.
21
9 -1 -10 DSAC Approval Draft
(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, partitioned into
separate rooms, or temperature - controlled (air conditioned).!
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All manufactured homes to be placed, or substantially improved within Zones A]-
30, AH, and AE, on sites:
ki) joutside of an existing manufactured home park or subdivision;
(ii) jn a new manufactured home park or subdivision;
(iii) jn an expansion to an existing manufactured home park or subdivision; or
(iv) jn 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 Shall 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 Jhe
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.
a period not to exceed 1'1 months.
22
Deleted: or
Comment [RCW77]: Text changes to reflect
FEMA interpretation dated 6 -4 -99. This is current
practice with the Building Department.
Deleted:
Deleted:
Deleted:
Deleted:
Comment [RCW78]: Formatting changed at
request of FMPC member.
Comment [RCW79]: Text added by GMD staff.
Formatted: Indent: First line: 0"
Comment [RCW80]: Higher regulatory criteria
removed by staff.
Deleted: one (1) foot above
Formatted: Font color: Auto
9 -1 -10 DSAC Approval Draft
(c) All recreational vehicles must either:
(d)'
(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).
(5) Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures with4reas of shallow flooding.
(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 watercourses exist for which base flood elevation data has been provided by the
Federal Emergency Management Agency without the delineation of the regulatory
floodway (Zones AE and A] -30), the following provisions, in addition to those set forth
in SECTION FIVE, B (1) through (5) shall apply.
23
Formatted: Indent: Left: 1.44 ", Hanging:
0.31 ", Numbered + Level: 3 + Numbering
Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left
+ Aligned at: 1.94" + Indent at: 2.06"
Formatted: Font color: Auto
Deleted: s
Deleted: s
Deleted: be
Comment [RCW81]: Text added by Emergency
Management staff.
Comment [RCW82]: Formatting and minor text
changes recommended by FMPC member.
Formatted: Font color: Auto
rFatted: Indent: Left: 0.94 ", Hanging:
Numbered + Level: 3 + Numbering
i, ii, iii, ... + Start at: 1 + Alignment: Left ned at: 1.38" + Indent at: 1.5"
Formatted: Font color: Auto
Deleted:
Deleted: is
Deleted: big
Comment [RCW83]: Text added by Emergency
Management staff,
Comment [RCW84]: Formatting and minor text
changes recommended b FMPC member
Comment [RCW85]: Deleted, formatting
Deleted: <#,T
Comment [RCW86]: Text edited at direction of
GMD staffto utilize the existing definition.
�eleted' zone AH
eted: streams
9 -1 -10 DSAC Approval Draft
(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).
(c) Collier County considers the following activities as de minimus impact for
development activity within a waterway;
• Construction of a watercourse crossing (bridge, culvert, weir, etc.) with the -
design engineer's signed and sealed plans and calculations demonstrating less
than 0.05 feet of vertical hydraulic head loss for the I- percent annual chance
storm event design flow of the watercourse, or
• Placement of fill within a waterway, but Outside of a watercourse. for
construction of a single lane access driveway or
• Placement of fill within a watenh,ay, but outside of a watercourse. for
construction of an onsite sewage treatment, and disposal system designed to
meet the minimum requirements of the Florida Department of 1:?nvironmental
Protection regulations (Chapter 64L -6 Florida Administrative Code).
(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.
K8) Accessory Structures
Accessory uses and structures support and are subordinate to the use of a parcel ands
shall primarily serve these persons regularly and customarily involved with their use
and include only those structures incidental to apermitted land use located on the same
parcel. Uses identified elsewhere in this ordinance are not accessory uses.
(a) Accessory structures shall not be used for human habitation (including working; -
sleeping, living, cooking, or restroom areas).
(b) Accessory structures shall be designed to have low flood damage potential (wet
floodproofimg).
(c) Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the ;flow of floodwaters.
24
Formatted: Indent: Left: 1 ", Bulleted +
Level: 1 + Aligned at: 0.88" + Indent at:
Comment [RCW87]:`Clarifying text added at
direction ofGMD staff.
Formatted: Indent: Left: 0.31 ", Hanging:
0.31"
Formatted: Indent: Left: 0.63"
Formatted: Indent: Left: 0.31 ", Hanging:
0.31"
Formatted: Indent: Left: 0.63 ", Hanging:
0.31 ", Numbered + Level: 1 + Numbering
Style: a, b, c, ... + Start at: 1 + Alignment: Left
+ Aligned at: 0.5" + Indent at: 0.75"
9 -1 -10 DSAC Approval Draft
(d) Accessory structures shall be firmly anchored to prevent flotation which may result
in damage to other structures. This is a mandatory measure, pursuant to 44CI I2
Section 60.3(a)(3)(i)
(e) Service facilities such as electrical and heating equipment; shall be elevated at or
above the BFF, or floodproofed.
(f) Openings to relieve hydrostatic pressure during a flood shall be .provided below
I3I'E in conformance with 44CFR Section 60.3(c)(5),
(g) Steel ISO 10'-20'-40' Storage Containers may be positioned on the earth and -
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage buildings may be positioned on the earth and shall
be anchored as described in S1,CfION FIVI', A (4), above, or secured to piers.
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:
(l) 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,
(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
25
Formatted: Underline
Formatted: Indent: Left: 0.63 ", Hanging:
0.31"
Comment [RCW88]: Accessory structures text
added at direction of FMPC.
Comment [RCW89]: This sub - section is
contained within the State's model ordinance, but is
new for Collier County. It is needed now that the
County's FIRM contains areas designated as Zone
A.
9 -1 -10 DSAC Approval Draft
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, including data developed pursuant tq
SECTION FIVE, C (2), of this Ordinance, the lowest floor of the structure shall be
elevated to no lower than f foui feet, above the highest adjacent grade �r wet season water _
table elevation, whichever is highet{. Standards set forth in SECTION FIVE, B, shall
apply.
D. SPECIFIC TANDARDS 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 V1 -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 VI—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
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.
26
- - Deleted: in accordance with the standard set forth
Deleted: in
Comment [RCW90]: Elevation increased to 4
feet at recommendation of GMD staff to consider
design requirements of septic drain system under
'gravity flow conditions. A comparison of the
DRAFT BFE information for the proposed DFIRMs
indicates areas where depths of flooding adjacent to
some Zone A areas calculates to be between 2.5 and
3.5 feet.
Deleted: {three
Formatted: Font: Not Bold
Deleted: }
J "Comment [RCW91]: Added to address
construction in wetland or depressional areas.
Comment [RCW92]: Text added at
recommendation of FMPC member.
9 -1 -10 DSAC Approval Draft
(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 non - supporting
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.
(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 (air conditionedJ.,
(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.
27
Deleted: {
Comment 1RCW93]: Text added to be consistent
with FEMA interpretation dated 6 -4 -99.
Deleted: }
9 -1 -10 DSAC Approval Draft
(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, �) k2) 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, V1 -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, D.(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 �n $ECTION
FIVE, $)'(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 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.
(13) .Accessory Structures
The following standards are required to properly regulate accessory structures in
addition to A -Zone requirements:
(a) Accessory structures meeting the criteria of small or low -cost, such as small -
metal /Wooden sheds that are "disposable" mttst be unfinished on the interior,
28
Comment [RCW94]: Sub - section renumbered
after eliminating AO standards from State model
ordinance
Deleted: E
Comment [RCW951: Sub - section renumbered
after eliminating AO standards from State model
ordinance
Deleted: E
Comment [RCW96]: Text added at
recommendation of FMPC member.
Comment [RCW97]: Sub - section renumbered
after eliminating AO standards from State model
ordinance
Deleted: E
Formatted: Indent: Left: 0.31 ", Hanging:
0.31"
Formatted: Indent: Left: 0.63"
Formatted: Indent: Left: 0.63 ", Hanging:
0.31 ", Numbered + Level: 1 + Numbering
Style: a, b, c, ... + Start at: 1 + Alignment: Left
+ Aligned at: 0.25" + Indent at: 0.5"
9 -1 -10 DSAC Approval Draft
constructed with flood - resistant materials below the BFE and used only for
storage.
(b) Maximum allowable size of accessory structures in V- !..ones is 100 square feet.
(c) Maximum allowable value of accessory structures in V -Zones is $2.500.
(d) Consideration must be given to the effects the debris from the building will have
on adjacent 'buildings.
(e) Detached garages are not allowed in V- Zones.
(1) The structural system shall xutilize 'pilings, adequately embedded to resist scour and
lateral deflection. The lowest horizontal structural mein her of roof systems,
including plates and beams connecting the upright supports of the structure, shall
be placed at or above the 1311..
(g) Any small: accessory structure enclosure below the BFE. shall be constructed with
"breakav,ay walls", such as wooden lattice or insect screening, in conformance
with 44CFR Section 60.3(e)(5).
(h) Floors shall be at or very close to grade. Comment[RCW98]: Accessory structures text
l added by FMPC.
SECTION SIX: VARIANCE AND APPEALS PROCEDURES.
A. DESIGNATION OF VARIANCE AND APPEALS BOARD.
The Board of Zoning Appeals as established by the Board of County Commissioners of
Collier County, Florida, pursuant to LDC Section 8.04.00, as may be amended, jshall hear
and decide appeals and requests for variances from the requirements of this Ordinance.
B. DUTIES OF VARIANCE AND APPEALS BOARD.
The Board �f Zoning Appeals Ishall hear and decide appeals when it is alleged an error in
any requirement, decision, or determination is made by the Floodplain !Administrator in the
enforcement or administration of this Ordinance. the Board of Zoning Appeals shall heal-
and decide requests for all variances from the requirements or this Ordinance, except as
specifically allowed below for historic structures, certain accessory structures. and certain
agricultural structures. Any person aggrieved by the decision of the Board k)f" Zoning
Appeals may appeal such decision to the Circuit Court.
KC. APPEALS PROCEDURE
(1) An appeal may be tiled with the County Manager within, no more than ten (10) business
days �f the receipt of a written decision by the Floodplain Administratorj, of an alleged
error by the I' loodplain Administrator.
(2) The filing fee for each appeal shall be that adopted in the Community Development and
Environmental Services Fee Schedule, Section A -7 (approved 12-11-07, Resolution 07-
357) as may be amended, replaced or superseded.
29
Comment [RCW99]: Text added to address both
issues.
Comment [RCW100]: Text added for
clarification and reference.
Comment [RCW101]: Text added for
clarification
Comment [RCW102]: Deleted text to conform
to previously designated title.
Deleted: Management
Comment [RCW103]: Text added for
clarification
Comment [RCW104]: Text added for
clarification
Formatted: Font: Bald
Formatted: Indent: Left: 0 ", Hanging: 0.31"
Comment [RCW 105]: Clarification text added
at the recommendation of DSAC.
9 -1 -1() DSAC Approval Draft
(3) Each appeal shall be written stating the basis for the appeal, and shall include pertinent
information, exhibits and other backup_ information in support of the appeal.
(4) The Board of "Zoning Appeals shall
(a) held an advertised public hearing on the appeal and shall consider the appeal of the
alleged error by the Floodplain Administrator decision in light of the criteria set
forth in this article;
(b) adopt the Floodplain Administrator's decision or determination, whichever is
applicable, with or without modifications or conditions, or reject his decision or
determination; and
(c) shall not be authorized to modify or reject the Floodplain Administrator's decision
or determination unless such board finds;; that the decision or determination is not
supported by substantial competent evidence or that the decision or determination
is contrary to the specific provisions of this ordinance.
(5) Any appeal not acted upon within six months of the filing, due to the applicant's
request to not schedule the required hearing, will be determined withdrawn and
cancelled Oer thirty (30) days, advance notice from the Floodplain Administrator.
�1),I VARIANCE PROCEDURES.
(1) rA request: for a variance to any requirement of this article shall follow the procedure
described in the Collier County Land Development Code Section 10.04.04, as may be
amended, for Applications Subiect to 1 ype III Review.
(2) The filing fee for each variance request shall be that adopted and in effect in
Community Development and Environmental Services Fee Schedule, Section K -10
(approved 12- 11 -07, Resolution 07 -357) as may be amended, replaced or superseded.
(3) In acting upon such � /ariancq applications, the Board of Zoning Appeals shall consider
all technical evaluations, all relevant factors, standards specified in other Sections of
this Ordinance, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger of life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community;
30
Comment [RCW106]: 30-days notice
requirement added by DSAC.
Comment [RCW107]: Sub- section added to
identify current County procedures and clarify
outcome.
Comment [RCW108]: Sub - section renumbered
Deleted: C
Comment [RCW109]: Tent added to identify
current County procedures.
Comment [RCW110]: Edited for clarification
9 -1 -10 DSAC Approval Draft
(e) The necessity to the facility of a waterfront location �or its functionally dependent
us�, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment $ransport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of J111 utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
CONDITIONS FOR VARIANCES.
(1) A variance maybe issued for new construction and substantial improvements when
a) The lot size i5 one -half ache or less, and
b) The lot is contiguous to and surrounded by lots with existing structures constructed
below the base flood elevation. and
c) All other requirements of this sub - section E and Sub- section P are met.
(2) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
31
Comment [RCW111]: Clarifying text added at
direction of GMD staff. I
Deleted: of
Comment[RCW1121: Text changed at direction
of FMPC.
Deleted: public
Comment [RCVY113]: Text added by
Emergency Mgmt. staff.
Comment ,[RCW114]:Sub-section renumbered
Deleted: D
Comment [RCW115]: Text added to conform
with current federal regulations in 44CFR60.6(a)(2)
9 -1 -10 DSAC Approval Draft
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 �afety, extraordinary public expense, create
nuisanees,l cause fraud on or victimization of the public, or conflict with existing comment [RCW116]: Edited to match with
local laws or ordinances. current federal regulations in 44CFR60.6(a)(3)
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary deviation from the requirements of this Ordinance; considering the flood
hazard. to afford relief.)
(4) No variance shall be issued for unpermitted work.)
(5) The Floodplain Administrator shall maintain the records of all variance actions,
including justification for their issuance or denial, and report such variances kind the,
notifications required in Section Six F� in the community's NFIP Biennial Report or
upon request to FEMA and the State of Florida, Department of Community Affairs,
NFIP Coordinating Office.
Comment [RCW117]: Edited to match with
current federal regulations in 44CFR60.6(a)(4)
Formatted: Indent: Left: 0.31 ", No bullets or
numbering
Comment [RCW118]: Text added by FMPC.
Deleted: 3
Comment [RCW119]: Edited to match with
current federal regulations in 44CFR60.6(a)(5)
32
VARIANCE NOTIFICATION.
Comment [RCW1201: Sub- section renumbered
Deleted: E
Any applicant to whom a variance is granted shall be given written notice over the signature
ofihe Floodplain Administrator, or designee, that:
Comment [RCW1211: Edited by GMD staff to
reflect current County practice and give specificity to
who is authorized to sign the written notice.
(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
Deleted: aoommunityofrcial
$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.
IyG'.
HISTORIC STRUCTURES.
- Comment [RCW122]: Sub- section renumbered
Deleted: F
Variances may be issued by the Floodplain Administrator for the repair or rehabilitation of
Comment[RCW12a]:Textaddedfor
"historic" structures — meeting the definition in this Ordinance — upon a determination that
clarification of an administrative procedure. An
the proposed repair or rehabilitation will not preclude the structure's continued designation
affected party can appeal this decision to the BZA.
as a "historic" structure.
)Il
STRUCTURES IN REGULATORY FLOODWAY.
Comment[RCW124]: Sub - section renumbered
Deleted: G
32
9 -1 -10 DSAC Approval Draft
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.
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 , 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
0
, Deputy Clerk
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
33
Deleted: <M
Jennifer B. White
Assistant County Attorney
9 -1 -10 DSAC Approval Draft
34
DRAFT from CAO 2 -24 -10
ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86 -28,
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 -28,
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.
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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1
DRAFT from CAO 2 -24 -10
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
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
2
DRAFT from CAO 2 -24 -10
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.
3
DRAFT from CAO 2 -24 -10
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 V1 - 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 ".
4
DRAFT from CAO 2 -24 -10
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.
6R
DRAFT from CAO 2 -24 -14
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.
DRAFT from CAO 2 -24 -10
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).
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
DRAFT from CAO 2 -24 -10
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.
Special flood hazard area — see area of special flood hazard.
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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.
Variance is a grant of relief from the requirements of this Ordinance.
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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
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.
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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
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.
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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
(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
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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 they
relate to Chapters 161.053; 320.8249 320.8359; 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;
(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
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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.
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;
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(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;
(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):
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(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;
(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
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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:
(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
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(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.
(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).
(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
(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,
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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,
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.
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(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
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.
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(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.
(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
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(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
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.
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DRAFT from CAO 2 -24 -10
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;
(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.
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
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DRAFT from CAO 2- 24 -1.0
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:
(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-
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DRAFT from CAO 2 -24 -10
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.
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
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
F
FRED W. COYLE, CHAIRMAN
(PLEASE PRINT CLEARLY)
MEETING DATE I J I ) I/ C)
AGENDA ITEM TITLE
Agenda Item #
Circle Meeting Type) Regular
NAME � v, C�OQ/�/�P/�.� ADDRESS
Representing/ Petitioner:
Other:
l�y
Workshop Budget
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
its
A enda Item #
9 f
MEETING DATE
11 0 �, (*)"7 C 1 ��! (Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITW TITLE _
NAME '
Representing/ Petitioner:
Ao
ADDRESS
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
nj A/`C rnmol CMr% CnnM r%M TuG -rAR1 F I FPT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE
0 -7
Agenda Item # F�'.
(Circle Meeting Type) Regular Special Workshop- Budget
AGENDA ITEM TITLE
NAME �tVi'� /Pr'`J� -�?- ADDRESS F",
Representing/ Petitioner:
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD