Ordinance 2012-06f
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FEta 0 ORDINANCE NO. 2012 - 06—
RDINANCE OF THE BOARD OF COUNTY COMMISSIONED,-
OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE Nft
2011 -07, RELATING TO FLOOD DAMAGE PREVENTION,
AMENDING SECTION TWO, "ACRONYMS AND DEFINITIONS°'
SECTION THREE, "GENERAL PROVISIONS," SECTION FOU,:
"ADMINISTRATION," AND SECTION FIVE, "PROVISIONS F(*--"_
FLOOD HAZARD REDUCTION," IN ORDER TO ADOPT, TO THE
EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET
FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE, ADDRESS THE SUFFICIENCY
FINDINGS OF THE STATE OF FLORIDA FLOODPLAIN
MANAGEMENT OFFICE, AND IDENTIFY DE MINIMUS IMPACT
ACTIVITIES WITHIN THE SPECIAL FLOOD HAZARD AREA;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
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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, on March 8, 2011, the Board adopted Ordinance No. 2011 -07, which
Ordinance repealed and superseded prior ordinances relating to Flood Damage Prevention; and
WHEREAS, the Board desires to amend Ordinance No. 2011 -07, by adopting, to the
extent applicable, regulations and policies set forth in the State of Florida Model Flood Damage
Prevention Ordinance, addressing sufficiency findings of the State of Florida Floodplain
Management Office, and identifying de minimus impact activities within the special flood hazard
area.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2011-07.
Section Two is hereby amended as follows:
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
BFE Base flood elevation
Words Underlined are added; Words ate eugh are deleted.
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CCCL
CFR
FEMA
FIRM
FIS
NAVD
NFIP
NGVD
SFHA
SWEL
WSWT
B. DEFINITIONS
Coastal Construction Control Line
Code of Federal Regulations
Federal Emergency Management Agency
Flood Insurance Rate Map
Flood Insurance Study
North American Vertical Datum
National Flood Insurance Program
National Geodetic Vertical Datum
Area of special flood hazard or Special flood hazard area
Stillwater flood elevation
Wet season water table
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. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions
Compensator storage torage means the volume of water storage provided to replace the volume of
water displaced by construction activity within the designated floodplain. The volume is
calculated for the vertical distance between the WSWT and the BFE.
Stemwall foundation means a concrete or masonry wall extending from the footing to above
grade or base flood elevation. The enclosed area within the vertical walls is filled with
compacted material and slab poured over fill and vertical wall.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a Structure, the eumula4ive 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.
Words Underlined are added; Words Stfurak Thf:eug# are deleted.
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SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07.
Section Three is hereby amended as follows:
SECTION THREE: GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and
Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated
Areas, dated November - 1-72005 May 16. 2012, with the accompanying maps and other
supporting data, are adopted by reference and declared to be a part of this Ordinance. The
FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners
located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor,
Naples, FL 34112.
SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07.
Section Four is hereby amended as follows:
SECTION FOUR: ADMINISTRATION.
A. PERMIT PROCEDURES.
Application for a Development Permit shall be reviewed by 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.
B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has
supervisory and assigned responsible charge, shall include, but not be limited to:
Words Underlined are added; Words Stmek are deleted.
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(13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the
emergency deployment of Temporary housing supported by FEMA, Florida Division
of Emergency Management and Collier County Emergency Management and its
designees.
(14) As soon as practicable, but not later than six months after the date such information
becomes available, notify FEMA of physical changes affecting flooding conditions by
submitting technical or scientific data in accordance with 44 CFR 65.3.
SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS.
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(16) Building Floor and Slab Minimum Elevations for all areas of Collier County
(a) Plans shall show that construction of the lowest finished floor meets the elevation
criteria listed below or engineered properly to a site specific design and certified by a
Registered architect or Professional engineer; when conflict exists between the
FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Rate Maps (FIRM).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise
unfinished, or
iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in
relation to NAVD of 1988 or
v. Water Management Design -
1. Buildings with projects which have water management routing and 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 finished
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
Words Underlined are added; Words Stm eug# are deleted.
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with South Florida Water Management District's criteria shall use a finished
floor elevation of 18 inches above the adjacent roadway crown elevation or
the FIRM elevation, whichever is higher.
b. On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the finished floor elevation. All requests will require an
analysis, by a Professional engineer, of the 25 year, three (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
less than the FIRM.
c. Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
(17) Collier County considers the following as de minimus impact for
Development activity within the SFHA and does not require the additional analysis
for floodplain elevation rise impact or compensatory storage:
i. Construction of a Watercourse crossing (bridge, culvert weir, etc.) with the
Professional engineer's signed and sealed plans and calculations demonstrating
less than 0.05 feet of vertical hydraulic head loss for the 1- percent annual
chance storm event design flow of the Watercourse or
ii. Placement of fill within the SFHA, but outside of a Watercourse for
construction of a structure's stemwall foundation with fill placement being
limited to the interior of the stemwall and the size of the structure limited to the
lot coverage allowance in Ordinance No. 04 -41, as amended the Collier County
Land Development Code, or
iii. Placement of fill within the SFHA, but outside of a Watercourse for
construction of a single lane access driveway, or
iv. Placement of fill within the SFHA, 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 Environmental
Protection regulations Chapter 64E -6 Florida Administrative Code).
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, AI -30, A (with BFE), 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 BFE. 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).
Words Underlined are added; Words StFuek ThFoutgh are deleted.
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(6) Standards for Waterways with established BFEs, but without Regulatory
Floodways.
Located within the SFHA established in SECTION THREE, B, where
Watercourses exist for which BFE data has been provided by FEMA 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
SFHA, unless it is demonstrated that the cumulative effect of the proposed
Development, when combined with all other existing and anticipated Development,
will not increase the Water surface elevation of the Base flood more than one foot
at any point within the community.
(b) Development activities which increase the Water surface elevation of the Base
flood by more than one foot may be allowed, provided that the developer or
applicant first applies — with the community's endorsement — for a conditional
FIRM revision, and receives the approval of FEMA.
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SECTION FIVE: 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.
Words Underlined are added; Words Swdak Thfough are deleted.
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SECTION FIVE: 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.
Words Underlined are added; Words Swdak Thfough are deleted.
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SECTION SIX: 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 SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State or
March 30, 2012, whichever is later.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of -�-Qhu a c( , 2012.
ATTEST:
DWIGHT E. BRO* FRK
Y:
Att Clel 1
Approved as'tp forrrr'.',
and legal sufficiency
Jenm B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: G4v--
FRED W. COYLE, CHAIRMAN
This ordinance filed with the
A&gjpry of te' Off ice, the
day of ,
and acknowledgeme f that
fill r e'ved this day
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Words Underlined are added; Words Swuek Threugh are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012 -06
Which was adopted by the Board of County Commissioners
on the 24th day of January, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of January, 2012.
DWIGHT E. BROCK,'.. .....
Clerk of Courts'�,4 d, Clerk -
Ex- officio tQ ,13iird o"
County Commigsadners'
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By: Ann �Iejohn,
Deputy Clerk