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DSAC Agenda 06/06/2012
DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA June 6, 2012 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order - Chairman II. Approval of Agenda III. Approval of Minutes from May 2, 2012 Meeting IV. Public Speakers V. Staff Announcements /Updates A. Public Utilities Division Update — [Nathan Beals] B. Fire Review Update — [Ed Riley] C. Growth Management Division /Transportation Engineering — [Jay Ahmad] D. Growth Management Division /Planning & Regulation Update — [Jamie French] VI. New Business A. Fire Review workshop update [Nick C.] B. Online Permitting (lower fees ifap plied online, higher fees ifap plied in lobby) [Nick C.] C. House Bill 503 [Jack McKenna] VII. Old Business A. LDC Amendment updates [Caroline Cilek] VIII. Committee Member Comments IX. Adjourn Next Meeting Dates July 11, 2012 GMD Conference Room 610 — 3:00 pm August 1, 2012 GMD Conference Room 610 — 3:00 pm September 5, 2012 GMD Conference Room 610 — 3:00 pm October 3, 2012 GMD Conference Room 610 — 3:00 pm November 7, 2012 GMD Conference Room 610 — 3:00 pm December 5, 2012 GMD Conference Room 610 — 3:00 pm May 2, 2012 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING May 2, 2012 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Conference Room #610, Collier County Growth Management Division, Planning & Regulation Office, 2800 North Horseshoe Drive, Naples, Florida, with the following Members present: Chairman: William Varian Vice Chair: David Dunnavant Ray Allain Clay Brooker Laura Spurgeon De John Dalas Disney Marco Espinar Blair Foley Chris Mitchell Robert Mulhere Mario Valle Ronald Waldrop (Vacancy) Excused: James Boughton George Hermanson ALSO PRESENT: Nick Casalanguida, Administrator — Growth Management Division Jamie French, Director — Operations & Regulatory Management Magaly Bowman, Operations Coordinator — Staff Liaison Jay Ahmad, P.E., Director — Transportation Engineering Reed Jarvi, Manager — Transportation Planning Nathan Beals, Project Manager — Public Utilities Caroline Cilek, M.S., Senior Planner — LDC Coordinator Carolina Valera, Principal Planner — Comprehensive Planning May 2, 2012 I. CALL TO ORDER: Chairman Varian called the meeting to order at 3:00 PM and read the procedures to be observed during the meeting. A quorum was established. Eleven members were present. II. APPROVAL OF AGENDA: Chanties • Under Item VI -(D), "Staff Announcements" — Growth Management /Planning & Regulation will be heard first. • Under Item VII -(A), "Old Business," the LDC Amendment Update will be heard following the Growth Management update. Mario Valle moved to approve the Agenda as amended. Second by Vice Chairman David Dunnavant. Carried unanimously, 11— 0. III. APPROVAL OF MINUTES — APRIL 4, 2012: Dalas Disney moved to approve the Minutes of the April 4, 2012 Meeting as submitted. Second by Vice Chairman David Dunnavant. Carried unanimously, 8 — 0. (Note: Ray Allain, Chris Mitchell, and Robert Where could not vote because they did not attend the April 4`h meeting.) Comment: Vice Chairman David Dunnavant clarified: • There was an interesting discussion regarding the LDC modifications to Section 5.05.08 — Architectural and Site Design Standards. • He was one of the participants talking to Carolina Valera and Caroline Cilek. • There was a certain level of frustration which, upon further investigation after the meeting, showed the CBIA - proposed language for that Section which the Committee thought had been disregarded (and had expressed its dismay) was, in fact, very poor. • The language drafted by Carolina Valera was significantly better or, at least, provided some relief from the current LDC issues. • Unfortunately, the Minutes were accurate — they were all too correct — and he apologized for the Committee's part in the discussion. • He maintains there are Sections of the Code that need modification but what was presented to DSAC from the CBIA ( "Collier Building Industry Association ") did not represent realistic changes that could have been implemented. • Carolina Valera was quite right in ignoring them. May 2, 2012 IV. DSAC VACANCY: REVIEW & VOTE, AND WELCOME TO CHRIS MITCHELL Chairman Varian introduced Chris Mitchell to the Members. Chris Mitchell stated he has been involved in development as a Consulting Engineer for the past fifteen years. He is a Land Development Civil Engineer and has served as a member of the Utilities Discussion Board and the Fire Subcommittee. Chairman Varian noted one application was submitted to fill the vacancy, but the individual did not have any construction- related experience. He asked Judy Puig, Staff Liaison, to determine the make -up of the Committee. He asked if there were specific areas the Members thought should be targeted when advertising for additional applicants. (Note: A chart of the members including the categories they represent and the expiration dates of their terms was distributed to the members.) Blair Foley noted that Stan Chrzanowski (formerly a Senior Engineer and Engineering Review Manager for Collier County) also submitted an application, but he may have missed the deadline. Robert Where moved to table a vote on the submitted application until ascertaining whether or not additional applications have been received. Second by Blair Foley. Carried unanimously, 11— 0. It was noted there are four Civil Engineers and three General Contractors as current members of DSAC. Dalas Disney suggested adding a Trade Contractor, such as a Utilities Contractor. Chairman Varian concurred, stating the Ordinance allows some flexibility in the make- up of the committee. He suggested advertising for A/C, Plumbing, or Roofing contractor candidates. Blair Foley stated George Hermanson may not renew when his term expires. Chairman Varian will ask Judy to contact Ian Mitchell to emphasize Trade Contractors when the ad runs again. (Laura Spurgeon DeJohn arrived at 3: 07 PM.) V. PUBLIC SPEAKERS: (None) VI. STAFF ANNOUNCEMENTS/UPDATES: D. Planning & Regulation: Jamie French, Director — Operations & Regulatory Management and Nick Casalanguida, Administrator — Growth Management Division May 2, 2012 Nick Casalanguida stated he may not have adequately explained the point of the first cycle of Amendment changes and provided the following background information: • County Manager Leo Ochs met with representatives of the CBIA approximately twelve to eighteen months ago • County's goals: To become more efficient, provide better customer service (more "user friendly "), reducing redundant and /or "bad" costs in development and construction • Mr. Ochs asked CBIA to work with Staff who would "sponsor" a set of amendments with CBIA's input to ensure that CBIA did not incur any associated costs • Revisions to the Administrative Code will be presented shortly after the Amendment Cycle concludes • Suggestion for Amendment Review: "Stick to low- hanging fruit" — changes that can be accomplished without controversy when presented to the Planning Commission. Nick Casalanguida clarified, stating the idea was to eliminate as many things that "we" agreed were "stupid" from the Land Development Code, but not to completely re -do the LDC. He asserted Architectural Standards is a controversial item. Carolina Valera indicated an understanding had been reached with DSAC and a number of things that had been categorized as controversial during the last cycle had been "fixed." Some members advocated conducting a full architectural review which Ms. Valera supported to a certain extent. He maintained it could not be accomplished during the first cycle. He further stated presenting a full review of anything to the Planning Commission or the Board of County Commissioners would slow, if not halt, the Amendment Cycle. He continued the goal was to revise the Administrative Code by pulling out anything that was redundant or didn't make sense. Mr. Casalanguida noted two issues remain to be discussed, and Architectural Standards was one. He asked Dalas Disney if a resolution had been reached as a result of a meeting which took place with Carolina Valera after the April DSAC meeting. Dalas Disney stated while not everything was resolved, some topics were "on the table" and under discussion. He noted the issue of Spandrel glass would be discussed during the DSAC meeting. Mr. Casalanguida stated the other issue pertained to sidewalks. Consensus: To approve a modification permitting locals and privates to 4- inches while arterials and collectors remained at 6- inches. He stated the Amendments cannot "gut" the Code to the point where NGOs ( "Non- governmental Organizations ") or special interest groups baulk against what is being done. May 2, 2012 The fear had been that the "brighter, friendlier" customer - service oriented Growth Management Division would eliminate the good work that had been done in the past. New Topic: The Flood Damage Prevention Ordinance will be returned to DSAC to be updated. • FEMA did not accept the Ordinance — there are issues to be clarified o FEMA set a deadline of early May or Collier County could be kicked out of the program • Conference call with Atlanta resulted in a 4- month extension • The BCC does not meet in August — the "tweaks" must be completed by the end of June or mid -July • Robert Wiley will present FEMA's criticisms at the next DSAC Meeting • Documentation will be presented on the "all or nothing" issues — will not be discussed since there are no options — FEMA has the last word • There are some items where input from DSAC will be necessary • Sent a certified letter to FEMA requesting future communications are to be in writing from the Superintendent of FEMA — no emails or phone calls — to eliminate confusion from low -level reviews c expecting a reply from FEMA Ray Allain requested that Staff email a copy of FEMA's reply to all DSAC members. Chairman Varian asked Mr. Casalanguida to provide a brief report concerning the Workshop with the BCC and the Fire Districts. A PowerPoint presentation was given o What works o Why a check and balance system exists between the Building Official and the Field Inspectors o Why the same system is needed between the Field Inspectors and the Fire Code Office o Explained the dysfunction o Cannot force a consolidation — trying for something in between o Currently, 4 sets of plans must be submitted by a developer — one for each of the four fire districts for review May 2, 2012 o Ed Riley doesn't have control — was set up to fail • Deadline: 180 days • The Fire Chiefs agreed to discuss /review an opportunity to bring the Field Inspectors under Fire Review, reporting directly to Ed Riley, Fire Code Official • Will establish a set of guidelines concerning performance standards between the Fire Districts and the County • The Inter -Local Agreement will be re- written • The Fire Chiefs have been supportive • If the Fire Commissioners and the Unions object, nothing will be accomplished • DSAC and Industry will be part of the review process along with Collier County and Fire — DSAC is a stakeholder • All four must agree on the terms of the new Inter -Local Agreement Jamie French: • Submitted the April 2012 Monthly Statistics Report o Building Plan Review Statistics ■ All permits issued by month ■ Top 5 Building Permit Types (6 -month period) ■ New Construction Building Permits issues ■ Building Inspections Performed by month o Land Development Services Statistics ■ Commercial Zoning Certificates — applications ■ Temporary Use Permits — applications ■ Land Development — application ■ Top 5 Land Development Applications (6- month period) ■ Pre - Application Meetings ■ SDP ( "Site Development Plan ") — Applications ■ SDP Re- Submittals (Corrections) ■ Site Development Plan Amendments (SDPA) ■ SDPA Re- Submittals (Corrections) ■ SDPI (Insubstantial Change) — Applications ■ SDPA Re- Submittals (Corrections) 6 May 2, 2012 Jamie French stated the data is accurate to the end of the calendar month. Bob Where requested the inclusion of financial statistics in the next report and suggested either Impact Fees of the value of the permits issued. He stated the number of permits issued is less important than the value of the permits. Mr. French stated the figures would be approximately one month behind and he will provide a separate SAP report. Chairman Varian related his experience of obtaining a permit under "CityView" and asked why it was necessary to go to three desks: • After the receipt is obtained, the cashier is paid, Next, walk to the back to obtain the drawings, Finally, walk back to the front to obtain the permit card. Mr. French responded it was the way "CityView" was organized: • Money has been allocated in the next budget for "change orders." After the project has been closed out, changes will be made to the system. Two operational changes were recently made to the system concerning reporting structure and how Staff functions together. He noted that, previously, the cashier would also issue the permit cards but the additional step slowed the process since there are only two cashiers. Currently, permit cards are obtained at a station across from the cashiers. The extra step was implemented to reduce wait times. Chairman Varian requested an explanation concerning receipts from the cashier to the various departments. Questions (x 3) overhead in the lobby: "Do I need to bring this back ?" and the response was "I don't know." He continued: • Previously, two receipts were printed when a permit application was submitted. • When the application fee was paid, one receipt was given to the Permit Tech and the other to the Records Room or other department, as needed. Jamie French explained the process of manually collecting a receipt was a way to verify that payment had been made and close out. He stated he would research the issue. Magaly Bowman stated "CityView" retains the information under "Documents," only one receipt is necessary because a copy can be obtained online if required. Additionally, less paper reduces filing time. It was noted Staff will clarify with the cashiers that a second receipt is not necessary. May 2, 2012 Chairman Varian asked how the County tracks certain full -time employees who work for more than one department to ensure the correct funding source is billed. Jamie French replied the weighted average salary for each position was tracked on an annual basis. He cited himself as an example, i.e., a portion of his salary is paid from Fund 669, "Utility Regulatory Trust Fund." His full -time job is to regulate private utilities. But he has picked up other responsibilities. Approximately 30% of his time, and Ken Kovensky's time, is dedicated to utilities. Approximately 60% is paid from Fund 113. The remaining 10% is from Fund 111, i.e., "Vehicle for Hire" functions, etc. The person is identified when the Budget is presented to the Board of County Commissioners as well as the transfers in from the other Cost Centers. He cited examples of other "dual" employees. If the volume of work dictates, a Budget Amendment can be presented to the Board of County Commissioners. Mr. French announced the parking lot bed has deteriorated and repairs will be made and the parking lot will be re- striped. A. Public Utilities: Nathan Beals, Project Manager • Nothing new to report • No questions from the Committee Members B. Fire Review: Bob Salvaggio, Assistant Fire Code Official, Fire Code Office • Ed Riley is on bereavement leave • Monthly Activity Report was submitted o Plan Reviews conducted — 861 — in March (February — 854) o Expedited Reviews conducted: five (5) ■ Overtime hours (11) were reimbursed by the contractor(s) who requested an expedited review C. Growth Management Division - Transportation: Reed Jarvi, Manager — Transportation Planning • Monthly Reports will be alternated in the future between Jay Ahmad and Reed Jarvi Engineering Report: o Oilwell Road is on track • Davis /951 Project is ahead of schedule • White Boulevard Bridge: has been re -bid; new bids are being accepted and will include costs for the temporary bridge /culverts on 23`d — work will not commence until possibly July • Planning Report:, o The County Attorney's Office is reviewing the "Corridor Protection Plan" (presented during the April meeting) — the Committee's comments will be considered May 2, 2012 o Received the I -75 "IJR" (Interchange Justification Report) last week and it is under review by Staff — from a traffic standpoint, the interchange is justified since it will provide better emergency access o The preliminary draft is 1,551 pages — a CD will be made available upon request o A revised draft will be submitted to the F -DOT in 30 days and another presentation will be made to DSAC VII. OLD BUSINESS: A. LDC Amendment Update — Caroline Cilek and Jamie French Caroline Cilek requested DSAC's recommendations on the following: Spandrel Glass: o CBIA's language permitted too much Staff discretion and subjectivity o The revised provision allows the use of Spandrel Glass to count toward the minimum percent of the primary fagade Dalas Disney: Issue: The LDC states that windows must not be false or applied When Spandrel Glass is used, you are trying to hide something behind it and could be perceived as a false window o as long as it is not on the outside of a building with a frame Example: Publix has certain walled areas that open into secured areas or s stockrooms or refrigerated rooms — the "window" does nothing. Possible solution: Pierce the wall, place aluminum frames within the wall and not "applied" — but it is Spandrel and is still a "false" window with a wall behind it. The use could still be rejected. He stated there are reasons for using Spandrel Glass as well as reasons for it being perceived as false. Q. Are we going to continue to have a problem due to the language? Mario Valle it could work if the language stated Spandrel glass panels were not considered to be "false" windows and will be permitted. Carolina Valera: It is a good suggestion and can be added to the language. Trying to avoid the extreme — the language was inserted to prevent the creation of truly fake windows to meet the Code's requirements. May 2, 2012 Spandrel could be a good solution when use of a clear window is not appropriate. NCH off Immokalee Road is mostly Spandrel because of the thick floors — the "read" of the fagade from the street is as one glaze. Dalas Disney concurred and stated the revised language should state that Spandrel glazing will not be considered as "false." Vice Chairman Dunnavant noted minimum glazing percentages are required on facades and to force people into a minimum percentage, regardless of the use, due to the building's location — he did not understand why the windows couldn't be false or applied. Carolina Valera stated Staff will review the purpose and intent of what is meant by the "minimum" requirement. She agreed when the use of Spandrel glass makes sense, it should be allowed and counted toward the glazing percentage, and when it does not make sense — it should not be permitted. Example: to use a portion of a "window" to display an advertisement. Vice Chairman Dunnavant: • He did not understand the objection. Example: There is a big block wall and the user of the building does not want vision glass into the space — why can't a false window be applied when, to the general public, it looks every bit like a "real" glass window. Q. What is the objection? Dalas Disney: • Example: The long wall of a stucco block building where an aluminum frame was mounted to the outside — the frame is outboard — it is false and applied. It would not be permitted. The language will achieve what is needed because the frame could be recessed into the block wall and attach the Spandrel glass. It would achieve the desired look and count toward the percentage of glazing — and it would not be "applied" to the surface of a finished wall. Vice Chairman Dunnavant requested a definition of the term, "applied." Q. How deeply must a frame be recessed into a wall to comply? Will it be necessary to structurally modify the wall? Mr. Disney explained the window would still be false, just not "applied." There are several methods to achieve the effect. Caroline Cilek noted the Amendment will be presented to the Planning Commission on May 3`d. She stated one option is to allow the current language. Another option is to present a revised Amendment at a later date. 10 I: May 2, 2012 She stated Carolina Valera will present it to the Planning Commission and the Board of Collier Commissioners and will ask for direction, requesting a complete review of the Architectural Standards. Dalas Disney clarified the language change is in addition to the other items, i.e., outparcels. Robert Mulhere moved to recommend supporting the language of the Amendment. Second by Dalas Disney. Carried unanimously, 13 — 0. Dalas Disney moved to recommend a full review and study of Amendment 5.05.08 — "Architectural and Site Design Standards. " Second by Mario Valle. Carried unanimously, 13 — 0. Carolina Valera stated she will present the Amendments as Staff recommendations and the revisions concerning Spandrel Glass as DSAC's recommendation, as well as DSAC's motions. Master Mobility Plan Phase III Update — Reed Jarvi and Jeff Perry (A copy of the MMP -III working draft and an outline were distributed to the Members.) Jeff Perry, Transportation Planner with Stantec — WilsonMiller Consulting: • The Board of County Commissioners approved Phase II of the Master Mobility Plan on January 21, 2012 • Goal: To amend the Growth Management Plan and the Land Development Codeto encourage good, sustainable development and to reduce vehicle miles traveled • As a result of the year -long study, 20 recommendations were made and a majority of the recommendations were forwarded to Stantec for in -depth analysis and review • Several items were beyond the scope of work, in particular: o Shift of the Road Impact Fee to a Mobility Fee ■ It is more flexible o Creation of a "Transfer of Development Rights Program" in the Golden Gate Estates • The BCC directed Stantec to draft potential policy and LDC language • May 15th — Public Workshop (from 4:00 to 6:OOPM) at the Golden Gate Community Center May 2, 2012 • May 17th — Workshop with the Planning Commission (following the regular Planning Commission meeting) • The final draft will be completed and presented to Staff by the end of June • Staff will present the document to the Board of County Commissioners • In 2013, the regular vetting process will begin with various committees Outline — "Highlikhts: " • Major component: establishing a "Low Vehicle Miles Traveled Development" ( LVMTD) 0 A new type of development that is geared toward providing alternatives to travel ■ Employers could provide bus transit passes or bicycle changing facilities for employees 0 Could be applied to any zoning district 0 Incentives will be provided for this type of development ■ Example: reduced Impact Fees ■ A variety of incentives will be created Establish requirements for a Multi -modal Mobility Analysis — similar to a traffic impact analysis 0 Determine conditions for approval as a LVMTD Develop and adopt a "Complete Streets Program" 0 Design public and /or private streets to provide for all modes of travel 0 Create standards and a team to review a project's plans Develop a comprehensive bicycle /pedestrian safety program 0 There are serious bicycle and pedestrian safety issues in the County 0 Program will involve law enforcement, design professionals, and the public 0 Training and education will be provided at the school level issues 0 Development Code Mitigation Program ( "CEMP ") WN Establish connectivity and interconnectivity Review existing measures in the Land Establish Comprehensive Environmental May 2, 2012 o Identify the portion of the Road Impact Fees that are calculated for mitigation o Target the funds for acquisition of environmentally - sensitive lands o A study will be conducted to identify the best areas to acquire Jeff Perry noted the proposed policy statements may be incorporated into the Growth Management Plan but will ultimately find a place in the Land Development Code. Marco Espinar noted the Pepper Ranch has already been identified for a mitigation bank. It is in the permitting process for transportation projects. Mr. Perry stated the Pepper Ranch could be the first on the County's list — the CEMP will not try to divert funds from the way the County is currently using. Reed Jarvi noted an important issue: • The allocation ( "set- aside ") of road project costs (approximately 4% per project) to use for "land- banking" of environmentally - sensitive areas Ray Allain asked what was the purpose of the Master Mobility Plan — was it related to the environmental or energy. Jeff Perry replied it began as a Vision Plan of the County which focused on the build -out of the County. • Nick Casalanguida recognized the County could not afford to build everything that might be needed and a way had to be developed to reduce the travel demand that would be generated in the future. • It "morphed" into a Study on ways to conserve energy. • A grant was obtained from the U.S. Department of Energy to conduct the Study and find ways to reduce the amount of travel and vehicle miles traveled o Reduce "greenhouse" gases, etc. Bob Mulhere noted there had been a great deal of public involvement in the process and suggested some of the concepts. One idea discussed was to charge a higher fee if a development had a higher impact on the transportation network, i.e. if the average trip length was much higher. The focus was on true voluntary incentives which would run with a property. For example, if there was a reduction in parking spaces which yielded a larger building footprint, the commitment to provide an alternative mode of transportation (bus passes) would have to be honored in the future. There is a large divergence between what is predicted as needed for roadway improvement based on growth and what can be afforded. One way to, reduce the need for roadway improvements is to reduce the number of trips — reserve capacity. If the average trip length can be reduced incrementally, for example, by providing a conveniently located shopping center, it will have an impact. Option: The County can examine land -use patterns and identify locations where a mixed use development or employment center would be appropriate. Dalas Disney asked Bob Mulhere to define the extent of his involvement. 13 May 2, 2012 Reed Jarvi explained Bob Mulhere is a subcontractor for Stantec , i.e., he is a consultant to Stantec. Mr. Mulhere stated, due to a potential conflict of interest, he would not vote on any recommendations made by DSAC concerning the Master Mobility Plan. Dalas Disney stated certain terms [ "fees, " - "mobility fees," ... TDR.... "reduced density "] have great impact. He does not support Impact Fees in any form and views the MMP as a way to create new fees. It seems as though it's just another line item. It is difficult enough for the majority of residents to just live in Collier County without thinking about another fee. In Denver, he rode the bus to /from work on a daily basis. Suggestion: Develop a bus system in Collier County and it will be used. He stated he cannot ride the bus from his home in Golden Gate Estates to his office, near Goodlette, because it is not available. Comment: As we begin to come out of the economic downturn, finding funding for the programs will be a huge issue. Mr. Perry clarified Stantec is not working on the mobility issue or the Golden Gate Estates TDR issue. The items were specifically excluded from the scope of work. He stated the BCC did ask for further study of the issues. The issues will be examined by the County in more detail in the future. Laura DeJohn stated she finds the prospect frightening of how the Estates may look in the future if gas prices continue to increase, making it even more difficult for residents to live /remain there — it could become a "ghost town" — that is more frightening than the mechanics of a mobility fee. Mario Valle stated reducing density created the urban sprawl and increased number of trips. He asked if DSAC will be directed to examine policy decisions with the perspective of increasing density and providing better transportation. Bob Mulhere stated it would most likely apply to a re- development scenario or an undeveloped area scenario. Most of Collier County that is already developed at 2.2 units per acre will not change. There are a number of challenges — there is no urban area as a primary focus for people to go to for employment and return home. We are not a suburban commute to an urban and back. The costs will not be huge because the improvements will be done incrementally. Reed Jarvi: The federal grant ends at the end of July. The mobility fee issue will be part of the next Road Impact Fee Update and the Study is scheduled to begin this summer. There is not a direct cost — beyond staff time — the program has been proposed as "voluntary." VIII. NEW BUSINESS: 14 May 2, 2012 A. Update on BCC April 26`h Fire Workshop — Chairman William Varian • A number of DSAC members attended and spoke • DSAC should follow the progress - there were a number of comments between Commissioner Fiala and Fire Commissioner Lombardo • He encouraged members to become involved IX. COMMITTEE MEMBER COMMENTS: • Ray Allain: o Collier County is "light years ahead" of other counties in the Country o He cautioned the personal element is often overlooked or omitted, i.e. the landowners o The flexibility fee will be punitive — anyone building a new house in the Golden Gate Estates will end up paying more o There is no other end beyond higher density o Concern: Keep the personal element present otherwise property owners' rights will be altered by default NEXT MEETING DATES: (Meetings will commence at 3:00 PM unless otherwise notified) • June 6, 2012 • July 11, 2012 • August 1, 2012 • September 5, 2012 As there was no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:36 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board /Committee Chair on , 2012 "as submitted" [ ] OR "as amended" [ 1. 15 Office of the Fire Code Official Summary of Plan Review Activity April -12 Architectural Reviews Sprinkler Reviews Underground Reviews Fuel & LP Gas Reviews Hoods & FSUP Reviews Alarm Reviews SDP Reviews Total # of Plans Reviewed Number of Work Days Average # of Plans Reviewed per Day ASAP Reviews per Building Department: Total # of ASAP Reviews': Total ASAP Reviews per Day 'Overtime Reviews are not included in this figure 493 38 10 1 8 77 92 719 20 36 3 Architectural 6 Architectural per County 19 AC change outs 3 Low voltage 2 Tents 33 2 Scheduled Meetings /Hours: Ed: 33.00 Hrs. Bob: 52.50 Hrs. Jackie: 3.67 Hrs. Ricco: 36.58 Hrs. Maggie: 2.42 Hrs. Classes and Seminars attended by FCO: Participant 4120 Fire Sprinkler, 8 ceu's, Fire Code Office Linda Rutkoski Classes Taught by FCO: Instructor # of Participants 4/20 Fire Sprinkler, 4 ceu's, Fire Code Office Jackie de la Osa 30 Total Overtime Hours for the Fire Code Office - 6 'Overtime Hours Reimbursed by Contractors 6 (3 Reviews) Training Room Usage Summary Classes: Subject # of Hours # of Participants 4/19 Fire Alarm Class 3 20 4/20 Fire Sprinkler Class 4 30 4/20 Fire Sprinkler Class 4 30 Meetings: 4/13 Chiefs Meeting 3 20 4119 Steering Committee Meeting 3 20 4/25 ENFD Special Meeting 2 50 4/25 ENFD Board Meeting 2 30 In addition to the above - mentioned tasks, The Fire Code Official's Office fields numerous phone calls, walk -ins, field inspections and impromptu meetings. Office of the Fire Code Official 2700 N. Horseshoe Dr. Naples, FL 341 04 Office of the Fire Code Official 2700 N. Horseshoe Dr. Naples, FL 34104 Fire Plan Review - Time Frame Summary April -12 Number Number Average #of list %of list Percentages of of Time in Reviews Reviews Within Time Reviews Days Days Approved Approved Frames Architectural Reviews 493 1774 3.60 Total list Review 332 1586 4.78 201 61% 91/10 Days 12 Day Max 2nd Review 126 138 1.10 98/3 Days 3rd Review 26 40 1.54 88/3 Days 4th Review 8 10 1.25 88/3 Days 5th Review 1 0 0.00 100/3 Days Total 2-5 Reviews 161 188 1.17 9113 Days 4 Day Max Fire Sprinkler Reviews Total 38 83 2.18 1st Review 25 69 2.76 16 64% 100/10 Days 8 Day Max 2nd Review 10 11 1.10 90/3 Days 3rd Review 3 3 1.00 100/3 Days Total 2 -3 Reviews 13 14 1.08 92/3 Days 4 Day Max Underground Reviews Total 10 32 3.20 1st Review 8 31 3.88 6 75% 100/10 Days 8 Day Max 2nd Review 2 1 0.50 10013 Days Total 2nd Review 2 1 0.50 100/3 Days 1 Day Max Fuel & LP Gas Reviews 1 3 3.00 Total list Review 0 0 #DIV /0! 0 #DIV /01 NA NA 2nd Review 0 0 #DIV /0! NA 3rd Review 1 3 3.00 100/3 Days Total 3rd Review 1 3 3.00 100/3 Days 3 Day Max Hop{ & FSUP Reviews 8 17 2.13 Total 1st Review 4 10 2.50 1 25% 100/10 Days 4 Day Max 2nd Review 3 5 1.67 100/3 Days 3rd Review 1 2 2.00 100/3 Days Total 2 -3 Reviews 4 7 1.75 100/3 Days 3 Day Max Fire Alarm Reviews 77 143 1.86 Total 1st Review 51 117 2.29 31 61% 100/10 Days 4 Day Max 2nd Review 22 21 0.95 100/3 Days 3rd Review 2 3 1.50 100/3 Days 4th Review 1 1 1.00 100/3 Days 5th Review 1 1 1.00 100/3 Days Total 2 -5 Reviews 26 26 1.00 100/3 Days 2 Day Max Summary 1st Review 420 1813 4.32 265 61% 93/10 Days Corrections 207 239 1.15 92/3 Days Overall Totals 627 2052 3.27 Office of the Fire Code Official 2700 N. Horseshoe Dr. Naples, FL 34104 Patricia L. Moraan From: WileyRobert <RobertWiley @colliergov.net> Sent: Thursday, May 31, 2012 5:43 PM To: 'Bill Varian'; 'Blair Foley'; 'Clay Brooker'; 'Dalas Disney'; 'David Dunnavant'; 'George Hermanson'; 'James Boughton'; 'Laura Spurgeon DeJohn'; 'Marco Espinar'; 'Mario Valle'; 'Ron Waldrop'; Chris Mitchell; Ray Allain; Robert Mulhere Cc: Ahern, Melissa; Ahmad, Jay; Ashton, Heidi; Auclair, Claudia; Beals, Nathan; Bellows, Ray; Bowman, Magaly; Casalanguida, Nick; CilekCaroline; 'Ed Riley'; French, James; Gust, Tatiana; 'Herminio Ortega'; JarviReed; 'Jenny Gasperson'; 'Kathy Curatolo'; Kelly, John; Kurtz, Gerald; Lenberger, Steve; Lorenz, William; Marcella, Jeanne; McKenna, Jack; Patterson, Amy; Podczerwinsky, John; Reischl, Fred; Teresa L. Cannon; 'Tom Wegwert'; 'Valerie Gembecki'; Wright, Jeff; Linda Rutkoski; Patricia L. Morgan Subject: FW: UPDATE * ** RE: DSAC Read Ahead's Attachments: FDPO Merged and FEMA R4 Must Do 5 -16 -12 - dn.docx; FDPO Revisions Exec Summ to Advertise 5- 30- 12c.docx; CollierCo - FEMA R4 Must Do 5- 16- 12.docx; Susan Wilson Letter from FEMA 4- 26- 12.pdf; FDPO Non - compliance Letter to Susan Wilson 4- 12- 12.docx Attention all members of DSAC, At the request of Bill Lorenz, I am sending you the Flood Damage Prevention Ordinance information proposed for presentation to the Board of County Commissioners on 6- 12 -12. Bill will provide staff discussion on this topic at the 6 -6- 12 DSAC meeting. If you have additional questions, please e-mail or call me. Rb&ttZ6e&#, P. E., C F M Principal Project Manager Watershed Study /FEMA Section Land Development Services Dept, Growth Management Division 2800 N. Horseshoe Drive, Naples, FL 34104 Telephone: (239) 252 -5858 FAX: (239) 252 -6552 E -mail: RobertWileypcolliergov.net Under Florida Law, e -mail addresses are public records. ff.vou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this gTice by telephone. EXECUTIVE SUMMARY Recommendation to prepare an amendment to the Flood Damage Prevention Ordinance (FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s recent determination that the County's FDPO is not in compliance with the requirements of the National Flood Insurance Program (NFIP) and (2) recent amendment to the Florida Building Code; and to advertise it for subsequent Board adoption. OBJECTIVE: To have a current FDPO that meets the requirements of the NFIP as determined by FEMA Region IV staff and maintain the County's participation in the NIFP. CONSIDERATIONS: On 3 -8 -11 (Agenda Item 17A), the Board approved a new FDPO (Ordinance No. 2011 -07) to replace the former FDPO (Ordinance 86 -28, as amended). The new FDPO was based upon the State of Florida "Model" Ordinance document for coastal counties with a revision date of 1- 29 -09. During the extensive public vetting process there were changes made to the "Model" Ordinance document to address issues specific to Collier County. On 5- 10 -11, copies of the new FDPO (Ordinance No. 2011 -07) were submitted to FEMA Region IV regulatory staff in Atlanta, GA and to the Florida Floodplain Management Office (State) for their review to ensure compliance with the requirements of the NFIP. Concurrent to the development of the FDPO, the County was also working with FEMA to develop the new Digital Flood Insurance Rate Map (DFIRM), and County staff knew that the FDPO would be amended at some time to officially adopt the DFIRM after it was finalized by FEMA. On 6 -1 -11, the State provided the County with a review checklist of its findings and identified a few items for revision that the State considered minor. The State recommended that the County make these few minor revisions to the FDPO when the DFIRM was adopted. The DFIRM was finalized on 11- 16 -11, which initiated a six month period of time for the County to adopt the DFIRM by 5- 16 -12. On 1- 24 -12, the County incorporated the State's revisions and adopted the DFIRM with the adoption of Ordinance No. 2012 -06 which amended the FDPO. On 2- 23 -12, the County submitted a copy of both Ord. 2011 -07 and 2012 -06 to the State. On 3- 16 -12, the County received confirmation from the State that the FDPO had been reviewed and transmitted on to FEMA. The State did not identify any problems regarding non- compliance of our FDPO. On 4 -9 -12 the County was informed by FEMA staff that our FDPO developed with FEMA guidance and consistent with the State of Florida "Model" Ordinance was not compliant and we would need to have a compliant ordinance in place by the 5 -16 -12 effective date or the County would be suspended from participation in the National Flood Insurance Program (NFIP). Staff informed FEMA that it was not be possible to review, vet and prepare an amendment in less than thirty (30) days. Staff then prepared and mailed a letter (Attachment 1) to Susan Wilson, Floodplain Management and Insurance Branch Chief with FEMA Region IV in Atlanta, GA expressing serious concern with the very late non - compliance notification from FEMA. In response to the County's letter, staff participated in a teleconference with Mr. Brad Loar, Mitigation Director for FEMA Region IV in Atlanta, GA. In light of FEMA's failure to timely review the County's FDPO, Mr. Loar agreed to allow for a 3 -month time extension until 8 -16 -12 (that is three months beyond the 5 -16 -12 effective date for the DFIRM) for the County to provide FEMA with an acceptable FDPO. On 4 -26 -12 Susan Wilson provided a FEMA response (See Attachment 2) to the County's 4 -12- 12 letter. Electronic communication between County and FEMA staff addressing the specific ordinance text changes led to the receipt of the "must do" changes (See Attachment 3) to the County FDPO in order to be found in compliance. To remain as a participating community in the NFIP, County staff has been advised by FEMA that the County's current FDPO (Ordinance No. 2012 -06) must be amended to address FEMA's concerns. In failing to comply, the County would automatically lose the Community Rating System (CRS) participation and its accompanying cost savings benefits to flood insurance policy holders for at least a year. It also seriously affects the real estate industry and insurance industry through the loss of availability of new or renewed flood insurance policies through the NFIP. At the same time the County needs to address the conflicts in our current FDPO with the requirements in the newly effective 2010 Florida Building Code (FBC). The State has prepared, and FEMA has reviewed, a new "Model" ordinance document. This new "Model" ordinance document is entirely different in organizational layout and frequently uses references to the Florida Building Code and its supporting documentation. As an interim step to address the 2010 FBC compliance issue, staff suggests the inclusion of a paragraph to incorporate FBC compliance to show our intent until the County can thoroughly take the State's new "model" ordinance through the public vetting process and bring it to the Board for consideration and adoption. The State has acknowledged their agreement with this interim time - constrained approach in order to be found in compliance by FEMA by 8- 16 -12. FISCAL IMPACT: The potential fiscal impact to the County can be very large. If the County is suspended from the NFIP it faces the following actions: • Flood insurance through the NFIP will not be available. No new NFIP policies can be purchased and existing policies will not be renewed. • No Federal grants or loans for the acquisition or construction of buildings may be made in identified flood hazard areas under programs administered by Federal agencies. • No Federal disaster assistance may be provided to repair insurable buildings located in identified flood hazard areas for damage caused by flood. • No Federal mortgage insurance or loan guarantees may be provided in identified flood hazard areas. This includes policies written by the Federal Housing Administration (FHA), Veterans Administration (VA), and others. • Federally insured or regulated lending institutions, such as banks and credit unions, must notify applicants seeking loans for insurable buildings in flood hazard areas that: o There is a flood hazard and o The property is not eligible for Federal disaster relief. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. - JB W GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board directs the County Manager and the County Attorney to: • Prepare an FDPO amendment incorporating the Florida Building Code and those provisions that FEMA requires "Must Do" to be addressed for the them to find the County's ordinance compliant, and • Advertise and bring the FDPO amendment to the Board for consideration and adoption. PREPARED BY: Robert C. Wiley, P.E., CFM, Principal Project Manager Land Development Services Growth Management Division Attachments: 1. Attachment 1 — Letter to Susan Wilson at FEMA's Region IV office in Atlanta, GA 2. Attachment 2 — Letter from Susan Wilson at FEMA's Region IV office (4- 26 -12) 3. Attachment 3 — FEMA "must do" changes to the FDPO 4. Attachment 4 — Draft FDPO amendment (underline /strike -thru version) April 12, 2012 Ms. Susan Wilson, CFM, Floodplain Mgmt. and Insurance Branch Chief FEMA/U.S. Dept. of Homeland Security 3003 Chamblee Tucker Road Atlanta, GA 30341 RE: Collier County Flood Damage Prevention Ordinance Dear Ms. Wilson: I am writing to request your written reply to some questions from Collier County regarding the recent telephone and e-mail communications on FEMA's intention to find the Collier County Flood Damage Prevention Ordinance (FDPO) not in compliance with the requirements of the National Flood Insurance Program. I will provide a brief timeline of the development and review of the County's FDPO, and then identify the three (3) questions to which I need to receive your official written response. For over a year Collier County has been involved in adopting a FDPO that follows the State of Florida "Model" Flood Damage Prevention Ordinance. The "Model" ordinance that we used was provided to us by Ms. Joy Duperault of the Florida Floodplain Management Office. The document, a copy of which is attached, was titled STATE OF FLORIDA FLOOD DAMAGE PREVENTION ORDINANCE [For Coastal Communities with Regulatory Floodways] APRIL 29, 2005 (Revised January 29, 2009) We learned that this document existed during one of the regularly scheduled conference calls between the County and the DFIRM development team from Michael Baker Jr., Inc. and FEMA. Joy opted to call into the conference call because she knew that one of the issues of discussion would be the updating of the County's old FDPO into a format compatible with the "Model" ordinance document. It was stated that this version of the "Model" ordinance had received the review and approval of FEMA. Collier County adopted its current FDPO (Ordinance 2011 -07) on 3 -8 -11 and a copy is enclosed. At that time the Digital Flood Insurance Rate Map ( DFIRM) was not finalized and we knew that we would have to amend this FDPO to adopt the DFIRM at some point in the future. The County then submitted a copy of this adopted FDPO to the Florida Floodplain Management Office, at their request, on 5- 10 -11. I also submitted a copy of the FDPO to Henrietta Williams, FEMA Outreach Specialist, in accordance with her directions when we held the initial Preliminary DFIRM public meetings in August 2010. On 6 -1 -11, the County received an e -mail notification from Mr. Richard Benton of the Florida Floodplain Management Office notifying us that they had found some areas in the FDPO that needed revision. Subsequent communication with Mr. Benton identified that the State did not consider these revisions to be major and recommended that we simply make their requested revisions when we officially adopted the finalized DFIRM. We followed the State's direction. Land ©evelopinent SeNI S • 2800 North Horseshoe Drive • Naples, Florida 34104.239- 252 -2400 - www,colliergov.net Attachment 1 The DFIRM was finalized on 11- 16 -11, and the County immediately started the process to prepare the FDPO amendment to adopt the DFIRM and incorporate the State's requested revisions. That effort was completed on 1 -24 -12 with the adoption of Ordinance 2012 -06 which amended the FDPO. A copy of that ordinance amendment is enclosed. The County then attempted to submit a copy of the amended FDPO to the State, but due to some e-mail problems at the State's end, a valid e-mail address was not obtained until 2- 23 -12. On that date the County submitted a copy of both Ord. 2011 -07 and 2012 -06 to the Florida Floodplain Management Office. On 3- 16 -12, the County received confirmation that our FDPO had been reviewed and transmitted on to FEMA. A copy of their e -mail and checklist is enclosed. The completed checklist does not indicate any problems regarding non - compliance of our FDPO. ' On 4 -6 -12, the County received an e -mail from Henrietta Williams that she wanted to set up a teleconference to review and discuss the FDPO in preparation for our 5 -16 -12 effective date. When questioned as to the issues to be discussed, her response was "Not to worry. It's still being reviewed so I'm not yet certain of all proposed changes, but nothing we can't work through. Please invite your County Attorney if you'd like. It won't hurt." On 4 -9 -12 the County participated in that teleconference at which time we were informed that our ordinance was not compliant and we would need to have a compliant ordinance in place by the 5 -16 -12 effective date or the County would be removed from participation in the National Flood Insurance Program (NFIP). Here are three (3) questions to which the County is requesting a specific and clearly stated written response: Using the enclosed County ordinance documents (Ord. 2011 -07 and Ord. 2012 -06) what are the specific areas and/or statements within these two FDPO documents that FEMA finds unacceptable to the point that they would justify finding the FDPO non - compliant and removing Collier County from participation in the NFIP. Please provide clear documentation as to why these are unacceptable and provide specific revision language that would be deemed acceptable to find the FDPO in compliance. Why is the "Model" ordinance language now not considered acceptable when it was previously reviewed and approved by FEMA for distribution and use in Florida? We understand that there are some areas of additional language that the County included in its FDPO that were not part of the "Model" ordinance document, but the e- mailed comments received from FEMA identify numerous wording revisions that reflect changes to the "Model" ordinance language. Since FEMA has had possession of County ordinance 2011 -07 since 5- 10 -11, why are we just now receiving notification that the document is non - compliant when there is extremely little time left to make changes, and what specifically will be the ramifications to the County if we are not able to thoroughly vette a revised ordinance document through the public and legal process and adoption by our Board of County Commissioners by 5- 16 -12? Collier County is very interested in working in a timely manner to address the expressed concerns of FEMA with regards to the desired modifications to our FDPO. We understand that many of the issues are relatively minor in wording that do not substantially change how we regulate development in the regulated floodplain but are more clarifying. We also recognize that some of the criteria that we included in our FDPO does not need to be there since the issues of compliance with 44 CFR 60.3(c)(10) in our vast expanse of AH and ponded AE flood zones is not an issue because these are not riverine. We had included that language to address direction provided by FEMA engineering staff involved in the DFIRM mapping project, which according to your office was incorrect information. We also know that with the recent change to the Florida Building Code, we must address the compatibility of our FDPO to that Code, which will require a revision to our FDPO. We consider our FDPO to be in substantial compliance with the State "Model" ordinance and so does the Florida Floodplain Management Office. Our Attachment 1 request is that our FDPO be found in compliance and that we mutually agree in writing to making the revisions to our FDPO over the next four (4) months so that we can address FEMA concerns and Florida Building Code requirements at the same time. I look forward to receiving your written response in a very timely manner. If you have any questions, please feel free to contact me. Sincerely, Robert C. Wiley, , CFM, Principal Project Manager FEMA Floodplatn and Watershed Planning Section Telephone No.: (239) 252 -5858, FAX No.: (239) 252 -6552 E -mail Address: RobertWiley@Collier og v.net Encl: State of Florida "Model' Flood Damage Prevention Ordinance Collier County Ordinance 2011 -07 Collier County Ordinance 2012 -06 Florida Floodplain Management Office e -mail dated 3 -16 -12 with checklist Cc: Bill Lorenz, P.E., Director, Land Development Services Nick Casalanguida, Administrator, Growth Management Division Jennifer White, Assistant County Attorney FDPO Non - compliance Letter to Susan Wilson 4- 12- 12.docx U.S. 13eparttnent of Homeland Security Attachment 2 3003 on IV 3003 Cltainbiee "i'uckex Road Atlanta, Ga 30341 v�yf R1 FEMA April 26, 2012 Mr. Robert C. Wiley, P.E., CFM Collier County Growth Management Division Land Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Ref: Collier County Flood Damage Prevention Ordinance Dear Mr. Wiley: This is in response to your letter dated April 12, 2012, regarding the issues related to Collier County's recently adopted flood damage prevention ordinance. In that letter FEMA Region IV was requested to address three questions. We offer the following: 1. Using the enclosed County ordinance documents (Ord. 2011 -07 and Ord 2012 -06) what are the specific areas and/or statements within these two FDPO documents that FEMA finds unacceptable to the pOoint that they would justify finding the FDPO non - compliant and removing Collier County from participation in the NFIP. Please provide clear documentation as to why these are unacceptable and provide specific revision language that would be deemed acceptable to find the FDPO in compliance. The areas of noncompliance with the floodplain management criteria of the National Flood Insurance Program (NFIP) in the ordinance (2011 -07) that Collier County adopted are: 1) exemption of development activities under "de minimus" provision in Section FIVE, B (6) (c) from the ordinance requirements; 2) blanket exemption of historic structures' from meeting the ordinance requirements regardless of the historic structures' continued designation as historic structures under Section SIX, (E); 3) inclusion of conflicting provision for accessory structures for their placement at or near grade, while requiring a minimum elevation of 5.7 feet NAVD as the lowest floor for all structures, under Section FIVE (D), (13) (h); 4) inclusion of a conflicting provision, "Not every development permit is required to be reviewed under this ordinance" under section TWO (B), which is in conflict with the provision under Section THREE (D); 5) inclusion of the residential structures' lowest floor elevation requirement for new construction or substantial improvements, instead of both, under Section FIVE, (B) (1); and 6) usage of the term "lowest finished floor ", which is not recognized by the NFIP. 41 w- w.fenia,gov As you may recall, Prasad Inmula, Henrietta Williams and I had a lengthy conference call with you to discuss our concerns about the FDPO on April 9, 2012. At your request, on April 10, 2012, we consolidated the two documents and provided our comments and specific recommended language in track changes format via electronic mail. Another lengthy conference call was conducted on April 12, 2012, to discuss any questions concerning the recommended language and actions that would be necessary to bring the Flood Damage Prevention Ordinance into compliance. 2. Why is the "Model" ordinance language now not considered acceptable when it was previously reviewed and approved by FEMA for distribution and use in Florida? We understand that there are some areas of additional language that the County included in its FDPO that were not part of the "Model" ordinance document, but the emailed comments received from FEMA identify numerous wording revisions that reflect changes to the "model" ordinance language. The ordinance that Collier County adopted modified the FEMA - approved Florida State Model Flood Damage Prevention ordinance. As indicated in the April 12, 2012, letter, several additional provisions were added and some were modified. Therefore, the entire ordinance was thoroughly reviewed and included suggested revisions. Our concerns and comments about Collier County's adopted ordinance were shared on two lengthy conference calls, after which those comments and language revisions were provided via email in a track changes format for easier identification. 3. Since FEMA has had possession of County ordinance 2011 -07 since 5- 10 -11, why are we just now receiving notification that the document is non - compliant when there is extremely little time left to make changes, and what specifically will be the ramifications to the County if we are not able to thoroughly vette a revised ordinance document through the public and legal process and adoption by our Board of County Commissioners by 5- 16 -12? Regrettably, the Ordinance No. 2012 -06, which amended the Ordinance 2011 -07, was not provided for our review and comments before it was adopted by Collier County Board of Commissioners. Once we received the Ordinance No. 2012 -06, we expressed our concerns and suggested language to address non - compliant aspects of the ordinance. We understand, based on a conference call conducted on April 20, 2012, between Collier County and FEMA Region IV management representatives, that Collier County will not be suspended on May 16, 2012. The County will be granted an additional 90 days to make the requisite revisions to the County- adopted Flood Damage Prevention Ordinance to be compliant with the floodplain management criteria of the National Flood Insurance Program. Please let us know if you have any further questions or concerns. You may contact me by email at tin �� �i,�r.�r ts7� z illtY: or by telephone at (770)220 -5414. Sincerely, 'S "Rih A/. . V VL Susan W, Wilson, CFM, Chief Floodplain Management & Insurance Branch Mitigation Division\ Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 ORDINANCE NO. 201-1-2 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ,REPEALING AMENDING ORDINANCE NO.-86- 28201.1.-07' 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 ACRONYMS AND 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 $6 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- 282011 -07, which was subsequently amended by Ordinance Nos. 97- !38 q(3 31; a1�f# 20E)� -a 12012 -06; and WHEREAS, the Board desires to replace amend, 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. 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 Comment [RW 11: The basic document used in this DRAFT was the ordinance document that produced Ord, 2011 -07. The Ord. 2012.06 revisions have been included in this document. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 from intense rain storms and /or tropical cyclone storm surge, which could result 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 Flood waters or which may increase Flood hazards to other lands. D. OBJECTIVES. The objectives of this Ordinance are to: (1) Protect human life, health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly Flood control projects; Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (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 public 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: A. ACRONYMS BFE CCCL CFR FEMA FIRM FIS NAVD NFIP NGVD SFHA SWEL WSWT B. DEFINITIONS ACRONYMS AND DEFINITIONS. Base flood elevation 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 i is 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. 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. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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. T&tti 1+f as an Area of shallow flooding, the setifee a P the Flood t -fall -A not . ..-1L� - comment [E21: FEMA – Must do Area of special flood hazard (SFHA) 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." The area is designated on the FIRM for all Flood zones beginning with the letter "V" or "A ". 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 (BITE) 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 construction control line (CCCL) means the landward extent of that portion of the beach -dune system which is subject to severe fluctuations based upon a 100 -year storm surge, storm waves, or other predictable weather conditions as established by the Florida Department of Environmental Protection on June 28, 1989, in accordance with F.S. § 161.053, as amended or superseded. Coastal high hazard area means an SFHA 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 VI - V30, VE, or V. Compensatory storage means the volume of water storage provided to replace the volume of water displaced by development activity within the designated floodplain. The volume is calculated for the vertical distance between the WSWT and the BFE. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 Cosmetic repair means the cleaning, sanitizing and resurfacing (e.g. sanding, repair of joints, repainting) of a Flood damage- resistant material. Datum means a reference surface used to ensure that all elevation records are properly related. The current national Datum is the North 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. Development permit means, for the purposes of this Ordinance, the local site Development or Building permit, as applicable, (i.e. any County authorization which must be approved by the County prior to proceeding with any "Development'). A review of a development permit in order to determine compliance with this Ordinance will not result in a separate fee or review process. standard,; set ft)i4h in Seetion 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. 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) means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security. Flood or Flooding means: Comment [RW3]: This is a FEMA "must do" change. To comply with the federal requirements every "development" activity within the regulated floodplain must be evaluated. As our ordinance advanced through the public vetting process, objections were raised to reviewing everything for a FEMA impact, so this additional language was added. FEMA is reminding us that we don't have the liberty to decide what "development" activity to review or not if it is in the regulatory floodplain. This will require us to ensure we do a more thorough job of providing afloodplain impact review for ALL development permitting and not automatically exempting certain types of permits. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (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 damage- resistant material in cans any building product (material, component or system) capable of withstanding direct and prolonged (at least 72 hours) contact with Flood waters without sustaining significant damage 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 part. Flood Insurance Rate Map (FIRM) means an official map of the community, issued by FEMA, which delineated both the SFHA 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, and other related data and information. Floodplain means any land area susceptible to being inundated by water from any source (see definition of "Flood or Flooding "). ,Vloodplain 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 designee. As of the adoption of this Ordinance, the Deputy Administrator of the Growth Management Division is the County Manager's designee. The County Manager may only change such designation in writing. comment [P141: Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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. Dry 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 waters from entering the Building up to the BFE. 2. All areas of the Building components below the BFE must be water tight with walls substantially impermeable to the passage of water, and contain an 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 gallons/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 damage- 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 BFE, completely enclosed within the Building's watertight walls or made watertight and capable of resisting damage during Flood conditions. 8. Dry Floodproofing components for openings through the substantially impermeable walls (e.g. doors, windows, etc.) must be installed within four (4) hours after issuance of a Flood war ning or a hurricane warning by the National Hurricane Center. 9. Wet Floodproofing utilizes Flood damage- resistant materials and techniques able to withstand prolonged submergence without damage and readily allow Flood waters to enter and leave the Building up to the BFE. Comment [PIS]: Order of alphabetical arrangement. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 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 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 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, sand includes 6nly a (comment [E6]: FEMA -Must do. 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: Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 floor means the kowest —lo..A ..t.....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 non - elevation 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 germinans); red mangrove (Rhizophora mangle); white mangrove (Laguncularia 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 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 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 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 of this Ordinance may continue to be used provided there is also 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. Professional engineer means an engineer registered and /or licensed by the State of Florida to practice engineering in Florida. Professional land surveyor or professional surveyor and mapper means a surveyor registered and /or licensed by the State of Florida to engage in the practice of land surveying in Florida. 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 means anything which is not injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or does not unlawfully obstruct 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. 10 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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. Registered architect means an architect registered and /or licensed by the State of Florida to practice architecture in Florida. Regulatory floodway — see "Floodway" 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. Special flood hazard area (SFHA) — 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. 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. Stillwater flood elevation (SWEL) means the Flood level resulting from astronomical tides and storm surge Flooding during a projected 1- percent - annual- chance Flood, or Base flood. The SWEL does not include wind driven waves which ride on top of the SWEL. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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. 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. Temporary housing: Typically provided by FEMA or the Florida Division of Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and /or the Post - Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida Division of Emergency Management may provide housing resources via its contractor or other approved agency such as the U.S. Department of Housing and Urban Development and others to provide for emergency housing including but not limited to: modular homes, mobile homes, component homes, cottages, camper trailers, or some other type of temporary living quarters intended to house displaced residents impacted by a natural or man -made disaster event for periods not exceeding (18) eighteen months unless extended by the Board of County Commissioners. Such Temporary housing efforts may be excluded from the Floodplain regulation(s) in light of the urgent need for Temporary housing. Such exclusions may further require an emergency notification and evacuation plan to be completed to ensure the safety of the occupants of the Temporary housing efforts. This emergency notification and evacuation plan will be approved by the Collier County Department of Emergency Management within 30 days of occupancy within the Temporary housing efforts. Variance is a grant of relief from the requirements of this Ordinance. Violation means the failure of a Structure or other Development to be fully compliant with the requirements of this Ordinance. A Structure or other Development without the 12 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 the channel and banks of 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. The Watercourse does not include the adjoining Floodplain areas. Waterway means an area within the Riverine (not coastal surge) portion of the SFHA with depth of Flooding equal to, or greater than, three (3) feet. Water surface elevation means the height, in relation to the NAVD of 1988, of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. Wet season water table elevation (WSWT) — The elevation, in relation to the NAVD of 1988, 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 rock material is wholly saturated with water, can normally 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. The WSWT may be determined using the South Florida Water Management District's methodology for determining the seasonal high water table contained in the District's Environmental Resource Permit Information Manual Volume IV (September 2010, as may be amended), pages CA -1 — CA -7, or other methodology as approved by the Florida Department of Environmental Protection. Zone A means the Flood insurance rate zone used for 1- percent - annual- chance (Base flood) Floodplains that are determined for the FIS by approximate methods of analysis. Because detailed hydraulic analyses are not performed for such areas, no BFEs or depths are shown in this zone. Mandatory Flood insurance purchase requirements apply. This term should not be confused with the term "A- Zones" which means all Flood zones starting with the letter "A ". Zone AE means the Flood insurance rate zone used for the 1- percent - annual- chance Floodplains that are determined for the FIS by detailed methods of analysis. In most instances, BFEs derived from the detailed hydraulic analyses are shown at selected intervals in this zone. Mandatory 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 1- percent- annual- chance Stillwater flood elevation (SWEL). Zone AH means the Flood insurance rate zone used for areas of 1- percent - annual- chance Shallow flooding from rainfall with a constant water- surface elevation (usually areas of ponding) where average depths are between 1 and 3 feet. BFEs derived from detailed 13 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 Floodplain but within the 0.2- percent annual chance Floodplain, and • Zone X (Un shaded) 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 SFHAs, �XC- eptand includes lowest floor elevation requirements for non -SFHAs as otherwise noted for Building Lowest 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 17, 2005, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and FIRM 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 34112.1 C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The Board of County Commissioners of Collier County, Florida, hereby appoints the County Manager or designee to administer and implement the provisions of this Ordinance and is herein referred to as the Floodplain Administrator. 14 Comment [RW7]: This change was required by FEMA to clearly show that the County had added a criteria for lowest floor elevation in the X flood zones instead of appearing to exempt certain development activities. This is staffs language to address FEMA's concern and FEMA is agreeable to it. There is no impact to the County's use of the ordinance by this change. Comment [PI8]: Without the auto - adoption clause, the County will need to adopt a revised ordinance for every future LOMR, LOMR -F, CLOMR, CLOMR -F, and PMR Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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; and (2) 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 SFHA 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 provided in the Collier County Consolidated Code Enforcement Ordinance as it may be amended or replaced. SECTION FOUR: ADMINISTRATION. 15 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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. 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 Professional engineer or Registered architect that the non- residential Flood- proofed Building will meet the Floodproofing 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 Professional engineer or Registered architect indicating that they have developed and /or reviewed the structural designs, specifications and plans of the construction and certified that they are in accordance with accepted standards of practice in Coastal high hazard areas. (2) Construction Stage: Upon placement of the Lowest floor, or Floodproofing 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 Professional land surveyor or Professional engineer and certified by same. When Floodproofing is utilized for a particular Building said certification shall be prepared by or under the direct supervision of a Professional engineer or Registered 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 Floodproofing elevation survey data submitted. The permit holder 16 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 staff over which the Floodplain Administrator has supervisory and assigned responsible charge, shall include, but not be limited to: (1) Determine which Development Permits require review in order to determine if the terms of this Ordinance are applicable. Criteria used in making such determination includes, but is not limited to: a. The location of the proposed development is within the SFHA; b. The type of development will have a direct impact to the Floodplain; c. The development conflicts with restrictions applicable to this Ordinance. (2) Review permits to assure sites are Reasonably safe from Flooding; (3) Review all Development permits, including the review of certified plans and specifications for compliance, to verify that the permit requirements of this Ordinance have been satisfied; (4) Notify adjacent communities, the Florida Department of Community Affairs — Division of Emergency Management — NFIP Coordinating Office, the South Florida Water Management District, FEMA, and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a Watercourse; (5) Verify 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, 13(2); (8) Interpret the exact location of the boundaries of the SFHA. 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 Section Six of this Ordinance; 17 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (9) When BFE data and Floodway data have not been provided in accordance with SECTION THREE, B, the Floodplain Administrator shall obtain, review and reasonably utilize any BFE and Floodway data available from a Federal, State of Florida, or any other source, in order to administer the provisions of SECTION FIVE; (10) Coordinate all change requests to the FIS and FIRM with the requestor, State of Florida, and FEMA, and (II)Where BFE 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. (12) Grant waivers with respect to location and BFE requirements when emergency post disaster Temporary housing resources are needed in Temporary housing missions supported by FEMA, Florida Division of Emergency Management, Collier County Emergency Management and its designees for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. (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 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: (1) New construction and Substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse; ornjj lateral movement of the Comment [E9]: FEMA "muse do" Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) New construction and Substantial improvements shall be constructed with materials and utility equipment resistant to Flood damage as supported by the current Florida Building Code and FEMA Technical Bulletins; 18 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (3) New construction Land ]Substantial improvements, shall be constructed — by methods_.,. - Comment [Rwlo]: Same comment as above . ------- ----- ------ -- - - - -- This isa FEMA "must do ". and practices that minimize Flood damage, as supported by the current Florida Building Code and FEMA Technical Bulletins. (4) Manufactured homes shall be anchored to prevent flotation, collapse, �r Land lateral comment [rtwiil: same comment as above. movement. Methods of anchoring may include, but are not limited to, use of over - the - Th:sisa FEMA "must du . top or frame ties to ground anchors. This standard shall be in accordance with the manufacturer's specifications in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located above the BFE or designed 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 so as to meet or exceed the minimum requirements of the Collier County Utilities Standards Manual and all other applicable codes and regulations; (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 so as to meet or exceed the minimum requirements of the Collier County Utilities Standards Manual and all other applicable codes and regulations; (8) On -site waste disposal (septic) systems shall be located and constructed to avoid impairment to them or contamination from them during Flooding so as to meet or exceed the minimum requirements of the Collier County Department of Health and all other applicable codes and regulations; (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 or improvement 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 (as may be amended or superseded): 19 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (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, CCCL: 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) Proposals shall be consistent with the need to minimize Flood damage; (b) Proposals 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) Proposals shall have adequate drainage provided to reduce exposure to Flood hazards; (13) When proposed New construction and Substantial improvements are wholly or partially located in an SFHA, the entire Structure shall meet the standards for New construction within an SFHA; (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 BFEs, the entire Structure shall meet the standards for the most hazardous Flood hazard risk zone and the highest BFE. (15) When Floodproofing is utilized for a particular Building, certification shall be obtained from a Professional engineer or Registered 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 Professional engineer or Registered 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- 20 Comment [E12]: FEMA - This department no longer exists. It is now the Department of Economic Opportunity . Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 supporting Breakaway walls that meet the standards of SECTION FIVE, E (6) of this Ordinance. (16) Building Lowest floor and Slab Minimum Elevations for all areas of Collier County (a) Plans shall show that construction of the 1Lowest 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 Insuranc Stud :IS . 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 mod— Lowest Ffloors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 Ilwith an allowable exception for accessory structures within the V- Zones as described in Section FIVE.. D 13 h)�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 -- Lowest 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 Management District's criteria shall use a finihed Lowest 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 Lowest 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 -- Lowest floor be less than the FIRM,1 (c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. no Comment [E13]: FEMA "must do ", For some flood zones the FIS will have more accurate base flood elevation information, and, if available, must be used Comment [RW 14]: Text proposed to address FEMA's "must do' concern of a perceived conflict in the ordinance. Comment [RW15]: Changed to lowest floor instead of lowest finished floor. This is a "must do ". Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 tloedplaiH elevation rise t Professional ), �.}splans �wHf he • - --- 4)6 emenl 4! -Iii% witkii%t th@ Ni ?4: b #t flEttSi -E} Watercourse, re } F9's stet7tirE%il- �19fi vi,M Ii ited t.) the interiiwF o the..4temwa l and the sjz.- <Tf th 9trtietur-e 14 -ti[ed to the Wt eciverage allow-ee in Oi-dinimee 07 67, as amended, of P,8 IN bUt Ott, 1?iaE ti nt t}r 4W- Alit# a tkia a . 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 6t-gand-jSubstantial 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). (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 BFE. 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 BFE 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. (NOTE: Floodproofing to just the BFE will result in a higher Flood insurance premium rate for the Structure because the Flood insurance policy requires rating a Structure at one foot below the Floodproofing elevation.] A Professional engineer or Registered architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding 22 Comment [RW 16]: This entire series of paragraphs on de mininus criteria must be removed. FEMA's regulatory section staff stated that development in the AH and ponded -AE flood zones is not affected by 44 CFR 60.3(c)(10) as was previously declared by other FEMA engineering staff from the map preparation group. The County will still be responsible to account for any cumulative impact caused by the displacement of water not accounted for in the calculation of compensatory storage. This changes what we need to consider in reviewing building permits in Go Estates and older subdivisions. Comment [RW 17]: This is a "must do" with FEMA. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 Flood waters 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 Registered 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 Flood waters 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 AI -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, 23 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 the Lowest floor shall be elevated on a permanent foundation to no lower than the BFE 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 the BFE, or (ii) The Manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement. (iii) Manufactured or component built temporary homes provided by FEMA, the Florida Division of Emergency Management or the Collier County Department of Emergency Management or its approved contractor or designee may provide post disaster emergency temporary Manufactured homes or similar resources within the Floodplain for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. 1. Temporary utility connections for the duration of the Temporary housing efforts will be allowed in accordance with provisions authorized by the Building Code Official and 2. Such housing when provided must have an emergency notification and evacuation plan in place within 30 days of residency in accordance with guidelines imposed by the FEMA housing administrator or his designee. (c) All Recreational vehicles must either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use (a Recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), or (iii) Meet all the requirements for New construction, including anchoring and elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b). (d) Recreational vehicles or similar temporary or emergency housing units provided by FEMA, the Florida Division of Emergency Management or the Collier County Department of Emergency Management or its approved contractor or designee may provide post disaster emergency Recreational vehicles within the Floodplain 24 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. (i) Temporary utility connections for the duration of the Temporary housing efforts will be allowed in accordance with provisions authorized by the Building Code Official and (ii) Such housing when provided must have an emergency notification and evacuation plan in place within 30 days of residency in accordance with guidelines imposed by the FEMA housing administrator or his designee. j (5) Adequate drainage paths around Structures shall be provided on slopes to guide water away from Structures within areas of Shallow flooding. (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. (7) For all Structures located seaward of the CCCL, the lowest floor of all New construction and Substantial improvements shall be elevated to no lower than the 100 -year Flood e levation 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. (8) Accessory Structures Accessory uses and Structures support and are subordinate to the use of a parcel and shall primarily serve those persons regularly and customarily involved with their use and include only those Structures incidental to a permitted 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 anv other use than parking of vehicles and storaa restfaaffl BFCiIfr). 25 Comment [E18]: Delete — FEMA "must do ". FEMA no longer uses recreational vehicles (travel trailers) as Temporary Housing Units (THUS) following declared disasters. Comment [E19]: FEMA "must do" without change, this is in conflict with minimum lowest floor elevation requirement. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (b) Accessory structures shall be designed to have low Flood damage potential (wet Floodproofiing). (c) Accessory structures shall be constructed and placed on the Building site so as to offer the minimum resistance to the flow of Flood waters. (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 44CFR Section 60.3(a)(3)(i) (e) Service facilities such as electrical and heating equipment shall be elevated at or above the BFE or Floodproofed. (f) Openings �o +f lie e - automatically ccualizc flood IiNdrostatjc forces on comment [EZOI: FEMA "must do ". exteriorwalls pFey;ure during the_ Basea Flood shall be provided below BFE in conformance with 44CFR Section 603(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 SECTION FIVE A (4), above, or secured to piers. C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS. Located within the SFHA established in SECTION THREE, B, where there exist A -Zones for which no BFE data and Regulatory floodway have been provided or designated by FEMA, 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 or subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals BFE data. Standards set forth in SECTION FIVE, B, shall apply. (3) The Floodplain Administrator shall obtain, review, and reasonably utilize any BFE 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 Flood- proofed 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 Flood- proofed, and (c) Maintain a record of all such information. 26 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department of I_conomlc Opportunity, Division of FincrE.l.nC� klanm emcnt �- - � Comment JE211: FEMA "must do" -FLDCA -- - ° -' name has been changed to DOE. NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or relocation of a Watercourse, and submit copies of such notifications to FEMA. (5) Assure that the Flood carrying capacity within the altered or relocated portion of any Watercourse is maintained. (6) Manufactured homes shall be installed using methods and practices that minimize Flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (7) When the data is not available from any source, including data developed pursuant to SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be elevated to no lower than four feet above the Highest adjacent grade or WSWT, whichever is higher, OR if utilizing a pressurized septic design, engineering justifications, considering adjacent Flood elevations and other applicable criteria, may be presented to the Floodplain Administrator for consideration of a lowered floor elevation, but in no case can the Disked Lowest boor be less than three feet above the Highest adjacent grade or WSWT, whichever is higher. Standards set forth in SECTION FIVE, B, shall apply. D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES). Located within the SFHA 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 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 BFE 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 27 Comment [RW 22]: This is a "must do ". Comment [PI23]: Referencing the very same section? It needs to be deleted. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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 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 BITE, whichever is the higher. (3) A Professional engineer or Registered architect shall develop 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 codes) may be permitted only if a Professional engineer or Registered 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. 28 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (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 conditioned). (7) Prohibit the use of fill for structural support. No Development permit shall be issued for Development involving fill in Coastal high hazard areas unles s 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, D (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 BFE) 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 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 BITE, whichever is the higher. All non - elevation design requirements in SECTION FIVE, D (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 29 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 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" must be unfinished on the interior, constructed with Flood damage- resistant materials below the BFE and used only for storage. (b) Maximum allowable size of Accessory structures in V -Zones 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. (f) The structural system shall utilize pilings, adequately embedded to resist scour and lateral deflection. The lowest horizontal structural member of roof systems, including plates and beams connecting the upright supports of the Structure, shall be placed at or above the BFE. (g) Any small Accessory structure enclosure below the BFE shall be constructed with Breakaway 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. 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, shall hear and decide Appeals and requests for Variances from the requirements of this Ordinance. B. DUTIES OF VARIANCE AND APPEALS BOARD. The Board of Zoning Appeals shall 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. Any person adversely affected by the decision of the Board of Zoning Appeals may Appeal such decision to the Circuit Court, as provided by law. C. VARIANCE PROCEDURES. (1) A 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 Subject to Type III Review. 30 Comment [E24]: FEMA "must do" - resolve conflict between (13)(h), and minimum lowest floor elevation of 5.7 feet NAVD. Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (2) The filing fee for each Variance request shall be that adopted and in effect in the Growth Management Division / Planning and Regulation Fee Schedule, (approved 7- 27 -10, Resolution 2010 -130) as may be amended, replaced or superseded. (3) All Variance petitions shall be filed with the County Manager on forms provided and shall include data and information deemed appropriate and necessary by the County Manager. (4) In acting upon such Variance 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; (e) The necessity to the facility of a waterfront location 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 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 transport 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 public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (1) Grant and facilitate situations in code or regulations in which an unforeseen circumstance has been identified following a natural or man -made disaster in support of the emergent need for post disaster temporary emergency housing. 31 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 Such efforts, pending the magnitude of the disaster and the need for emergency housing may include efforts to grandfather or retro- actively approve such temporary emergency housing actions, waivers or exemptions when reasonable efforts were implemented to protect life, property and minimize suffering in an attempt to stabilize displaced residents and families following a disaster. Where possible such temporary waivers or exemptions following a disaster housing effort shall terminate within eighteen (18) months of issuance unless extended by the Board of County Commissioners. D. CONDITIONS FOR VARIANCES. (1) Variances may be issued for New construction and Substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the BFE, in conformance with the procedures of Paragraphs (3), (4), (5) and (6) of this Sub - section D. (2) Variances may be issued for New construction and Substantial improvements and for other Development necessary for the conduct of a Functionally dependent use provided that a) The criteria of Sub - section F, and Paragraphs (1), (3) and (4) of this Sub - section D are met, and b) The Structure or other Development is protected by methods that minimize Flood damages during the Base flood and create no additional threats to Public safety. (3) 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 safety or extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) 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. (5) The County Manager shall maintain the records of all Variance actions and report any Variances to the Federal Insurance Administration upon request. 32 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 (6) Any applicant to whom a Variance is granted shall be given written notice that Ci) when a Structure is permitted to be built with the Lowest habitable floor elevation ...- comment(Rw2s]:Thisisa "mistda'. below the- BFE the cost of Flood insurance will be commensurate with the increased risk resulting from the teed lL.owest habitable 00or -floor being placed below the comment[Rwzt,]:�h�sisa "must do ". Base flood elevation el evati e n.j comment [E27]: FEMA "must do ". (7) Upon consideration of the factors listed above and the purpose of this Ordinance, the Board of Zoning Appeals may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Ordinance. E. HISTORIC STRUCTURES. Variances may be issued for the ree4-,nstruu64,,n;repair or rehabilitation or restoratk'in --of Historic Struetures- structures listed on the 1�4atianal Reg stei- of Wi9torie P1800" Of the 9, without fee rd to the pfeeed-mr-s 4 ��Fth in this Seetionupon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic structure and the variance is the minimum 't1W 111 [1113 Vl ULt I{:41 n.�. uv k,a v..w ... ..... .........._ Comment [PI28]: Note the revised language. Comment [RW291: This is a "must do ". F. STRUCTURES IN REGULATORY FLOODWAY Variances shall not be issued within any designated Floodway if any impact in Flood conditions or increase in Flood levels during the Base flood discharge would result. SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. C This is a staff deletion to '!'his Of dillanee mply show how the old document that was used to eate Ord. 2011 -07 will be revised. 33 Collier Co - FEMA R4 "Must Do" 5 -16 -12 Attachment 3 SECTION -T-ENNINE; 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 2014 -2.. ATTEST: DWIGHT E. BROCK, CLERK am , Deputy Clerk Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, CHAIRMAN 34 5 -16 -12 DRAFT Attachment 4 ORDINANCE NO. 2012 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2011 -07, AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, BY AMENDING SECTION TWO, ACRONYMS AND DEFINITIONS; SECTION THREE, GENERAL PROVISIONS; SECTION FIVE, PROVISIONS FOR FLOOD HAZARD REDUCTION; AND SECTION SIX, VARIANCE AND APPEALS PROCEDURES, IN ORDER TO COMPLY WITH THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; 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. 2011 -07, which was subsequently amended by Ordinance No. 2012 -06; and WHEREAS, the Board desires to further amend Ordinance No. 2011 -07, as amended, in order to comply, to the extent applicable, 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: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2011 -07, AS AMENDED. Section Two is hereby amended as follows: SECTION TWO: ACRONYMS AND DEFINITIONS. A. ACRONYMS B. DEFINITIONS 5 -16 -12 DRAFT Attachment 4 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. Development permit means, for the purposes of this Ordinance, the local site Development or Building permit, as applicable, (i.e. any County authorization which must be approved by the County prior to proceeding with any "Development "). A review of a development permit in order to determine compliance with this Ordinance will not result in a separate fee or review process. Floodway fringe means that area of the one - percent (base or 100 -year) Floodplain on either side of the Floodway. Florida Building Code Means the family of codes adopted by the Florida Building Commission including: Florida Building Code Building Florida Building Code, Residential; Florida Building Code Existinz Building- Florida Building Code, Mechanical; Florida Building Code Plumbing; Florida Building Code, Fuel Gas. SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 2011 -07, AS AMENDED. 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, exeept and includes lowest floor elevation requirements for non -SFHAs asoe noted for Building Lowest 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. 5 -16 -12 DRAFT Attachment 4 The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November 17, 2005, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and FIRM 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. I. PENALTIES 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 provided in the Collier County Consolidated Code Enforcement Ordinance as it may be amended or replaced. J. FLORIDA BUILDING CODE COMPLIANCE All Development regulated by this Ordinance shall meet or exceed the requirements of the current Florida Building Code including the requirements of referenced publications within the current Florida Building Code In the event that requirements stated within this Ordinance conflict with the current Florida Building Code the requirements of the current Florida Building Code shall supersede. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2011 -07, AS AMENDED. 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: (1) New construction and Substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse of and lateral movement of the Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) New construction and Substantial improvements shall be constructed with materials and utility equipment resistant to Flood damage as supported by the current Florida Building Code and FEMA Technical Bulletins; 5 -16 -12 DRAFT Attachment 4 (3) New construction of and Substantial improvements shall be constructed by methods and practices that minimize Flood damage, as supported by the current Florida Building Code and FEMA Technical Bulletins. (4) Manufactured homes shall be anchored to prevent flotation, collapse, of 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 standard shall be in accordance with the manufacturer's specifications in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (16) Building Rleer Lowest floor and Slab Minimum Elevations for all areas of Collier County (a) Plans shall show that construction of the ILowest 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 Lowest Ffioors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 (with an allowable exception for accessory structures within the V -Zones as described in Section FIVE (D)( 13)(h)] or v. Water Management Design - l. 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 Lowest 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 Management District's criteria shall use a finished Lowest 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 Lowest floor elevation. All requests will require 5 -16 -12 DRAFT Attachment 4 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 finished Lowest 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. B. SPECIFIC STANDARDS. In all A -Zones where BFE data have been provided [Zones AE, AI -30, A (with BFE), and AHJ, 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 of and 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). C. SPECIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS. 5 -16 -12 DRAFT Attachment 4 Located within the SFHA established in SECTION THREE, B, where there exist A -Zones for which no BFE data and Regulatory floodway have been provided or designated by FEMA, the following provisions shall apply: (1) Require standards of SECTION FIVE, A. (7) When the data is not available from any source, including data developed pursuant to SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be elevated to no lower than four feet above the Highest adjacent grade or WSWT, whichever is higher, OR if utilizing a pressurized septic design, engineering justifications, considering adjacent Flood elevations and other applicable criteria, may be presented to the Floodplain Administrator for consideration of a lowered floor elevation, but in no case can the finished Lowest floor be less than three feet above the Highest adjacent grade or WSWT, whichever is higher. Standards set forth in SECTION FIVE, B, shall apply. D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V- ZONES). Located within the SFHA 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. (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" must be unfinished on the interior, constructed with Flood damage- resistant materials below the BFE and used only for storage. (b) Maximum allowable size of Accessory structures in V -Zones 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. (f) The structural system shall utilize pilings, adequately embedded to resist scour and lateral deflection. The lowest horizontal structural member of roof systems, 5 -16 -12 DRAFT Attachment 4 including plates and beams connecting the upright supports of the Structure, shall be placed at or above the BFE. (g) Any small Accessory structure enclosure below the BFE shall be constructed with Breakaway 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. SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2011 -07, AS AMENDED. Section Six is hereby amended as follows: SECTION SIX: VARIANCE AND APPEALS PROCEDURES. D. CONDITIONS FOR VARIANCES. (1) Variances may be issued for New construction and Substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the BFE, in conformance with the procedures of Paragraphs (3), (4), (5) and (6) of this Sub - section D. (2) Variances may be issued for New construction and Substantial improvements and for other Development necessary for the conduct of a Functionally dependent use provided that a) The criteria of Sub - section F, and Paragraphs (1), (3) and (4) of this Sub - section D are met, and b) The Structure or other Development is protected by methods that minimize Flood damages during the Base flood and create no additional threats to Public safety. (3) 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 safety or extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Comment [PI1]: Conflicts with (f) above AND the minimum Lowest Floor elevation of 5.7 feet NAVD and the BFE, whichever is higher. 5 -16 -12 DRAFT Attachment 4 (4) 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. (5) The County Manager shall maintain the records of all Variance actions and report any Variances to the Federal Insurance Administration upon request. (6) Any applicant to whom a Variance is granted shall be given written notice that when a Structure is permitted to be built with the ILowest habitable floor elevation below the BFE the cost of Flood insurance will be commensurate with the increased risk resulting from the Fedueed ILowest habitable floor elevation. (7) Upon consideration of the factors listed above and the purpose of this Ordinance, the Board of Zoning Appeals may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Ordinance. E. HISTORIC STRUCTURES. Variances may be issued for the reeenstfuetion; repair or rehabilitation OF restoration of Historic StruetuFes structures listed an the National Register ef Histerie PlaGes Of the upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic structure and the variance is the minimum necessary deviation from the requirements of this Ordinance to preserve the historic character and design of the structure. F. 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 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. 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 5 -16 -12 DRAFT Attachment 4 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 0 , Deputy Clerk Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney 13 FRED W. COYLE, CHAIRMAN Patricia L. Morgan From: WileyRobert <RobertWiley @colliergov.net> Sent: Thursday,June 07, 2012 5:57 PM To: Chris Mitchell; Ray Allain; Robert Mulhere;William J.Varian; Blair Foley; 'Clay Brooker'; 'Dalas Disney'; 'David Dunnavant'; 'George Hermanson'; 'James Boughton';A.William "Bill" Moss; 'Laura Spurgeon DeJohn'; 'Marco Espinar'; 'Mario Valle'; 'Ron Waldrop' Cc: Ahern, Melissa; Ahmad, Jay;Ashton, Heidi;Auclair, Claudia; Beals, Nathan; Bellows, Ray; Bowman, Magaly; Casalanguida, Nick; CilekCaroline; French, James; Gust,Tatiana; JarviReed; Kelly,John; Kurtz, Gerald; Lenberger, Steve; Lorenz,William; Marcella,Jeanne; McKenna,Jack; Patterson, Amy; Podczerwinsky,John; Reischl, Fred; Teresa L. Cannon; Wright,Jeff; Linda Rutkoski; Patricia L. Morgan; 'Ed Riley'; 'Herminio Ortega'; 'Jenny Gasperson'; 'Kathy Curatolo'; 'Tom Wegwert; 'Valerie Gembecki' Subject: DSAC Requested Information Attachments: CollierCo - FEMA R4 Must Do 5-16-12.docx; Susan Wilson Letter from FEMA 4-26-12.pdf; State of FL Model Ordinance Instructions (Zones_A-V_4-12-12).pdf Attention all members of DSAC, At the direction of Bill Lorenz, I am sending you the Flood Damage Prevention Ordinance information that was requested of Bill during staff discussion on this topic at the 6-6-12 DSAC meeting. The 4-26-12 letter from Susan Wilson (FEMA) was previously sent to you,and I have added the 2012 Florida "model" ordinance document that has been developed for communities to use and be compliant with FEMA and the 2010 Florida Building Code. If you have additional questions, please e-mail or call me. xo a*lite', P.E., CFM Principal Project Manager Watershed Study/FEMA Section Land Development Services Dept. Growth Management Division 2800 N. Horseshoe Drive, Naples, FL 34104 Telephone: (239)252-5858 FAX: (239) 252-6552 E-mail: RobertWiley a.colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone. 1 INSTRUCTIONS AND NOTES - REVISED (April 12, 2012) Model Code-Companion Floodplain Management Ordinance and Model Local Code Amendments For Communities with Inland(Zone A)and Coastal High Hazard Areas (Zone V) TECHNICAL SUPPORT: 800-595-0724 or FLordinanct<@gmail.com Please include your community's name in your message. For the first time, the 2010 Florida Building Code (FBC) retains the flood provisions from the model International Code Series that forms the basis of the FBC. For background and more information on this transition, refer to the Frequently Asked Questions prepared by the Florida DEM State Floodplain Office and posted at http://www.floridadisaster.org/Mitigation/SFMP/lobs resources.htm. Excerpts of the flood provisions of the 2010 FBC can be downloaded from the same webpage. Changes to local floodplain management regulations and local administrative amendments to the 2010 FBC are necessary to properly coordinate with the FBC. The DEM is not revising the previous model FPM ordinance that most communities used years ago as the basis for their local FPM regulations. Rather, a completely new model ordinance that is coordinated with the FBC, while also satisfying the requirements of the National Flood Insurance Program (NFIP), has been developed. It is designed to repeal and replace existing floodplain management regulations. A crosswalk that demonstrates the new model ordinance is consistent with the NFIP is posted at the link shown above. Also at that link is a summary of duties and responsibilities that communities agree to when they decide to participate in the NFIP. The 2010 FBC is effective March 15, 2012, which makes it necessary for communities to expeditiously consider and take action to adopt the new model ordinance and code amendments(or to otherwise revise their existing regulations to coordinate with the code and to correct any inconsistencies with the NFIP). This document contains instructions and explanatory notes for both the model floodplain management ordinance and the model administrative code amendments. The notes are keyed to the sections of the model ordinance and sections of the local code amendments. These notes are not intended to explain every provision, but to highlight those that clarify, those that are new to floodplain management (FPM) regulations, and those that are coordinated with the local code amendments. The following are important aspects of the new model ordinance and local code amendments: 1. The new FPM model is written in regulatory language, eliminating permissive and unenforceable language. 2. The new FPM model is coordinated with the FBC. The FBC contains requirements for buildings and structures;the FPM model contains other requirements necessary for consistency with the NFIP. In order to fulfill community commitments to the NFIP, the FPM model requires buildings and structures that are exempt from the FBC and development other than buildings to comply with requirements of the ordinance if located in flood hazard areas. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 1 3. The model FPM ordinance and local code amendments are prepared in one package, for simultaneous adoption, including repeal of existing flood damage prevention regulations. 4. As written, the Building Official and the Floodplain Administrator are responsible for different aspects required to fulfill a community's commitment and responsibilities to the NFIP. In many Florida communities both functions are fulfilled by the same office or person. However, when enforcing the FBC, that person is acting as the Building Official, and when enforcing the floodplain management ordinance, that person is acting as the Floodplain Administrator. The fact that two titles are used should not be cause for confusion(i.e., one person can wear two hats). 5. The model FPM ordinance identifies the duties of the Floodplain Administrator. The duties of the Building Official are specified in the FBC. Section 553.73(5), F.S. (shown below), allows assignment of"the duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the local government." The new model ordinance is designed so that the Floodplain Administrator handles virtually all duties that are not the responsibility of the Building Official. 6. The model FPM ordinance includes specific requirements for development other than buildings that may appear to be "new," but that are based on the overall performance expectation of the NFIP for any development, including activities other than buildings. The specific requirements come from ASCE 24 and FEMA guidance. The specificity is intended to help both the local official and the applicant understand what constitutes flood damage resistance for such activities. 7. The basic FPM model ordinance does not include the common"higher standards"that many Florida communities have adopted. However, instructions and sample language to adopt many of the more common higher standards are being prepared. Assistance will be provided to any community that elects to adopt other higher standards or otherwise modify the model. Examples of higher standards that will be posted at the above link as they become available include the following: a. Additional elevation above minimum(freeboard): the code already includes some added height for buildings within the scope of the FBC,Building,through reference to ASCE 24. b. Cumulative Substantial Improvement c. Repetitive Loss(to qualify for ICC) d. Coastal A Zone: regulate like Zone V e. MFH: prohibit new in(a)floodways and Zone V;(b)floodways;(c)Zone V f. MFH: eliminate option to elevate new units and certain replacement units in existing subdivision/parks without meeting full elevation requirements g. Enclosures: (a)prohibit;(b)limit size;(c)require Nonconversion agreement/deed restriction h. Accessory structures: (a)require full elevation;(b)limit size even in Zone A;(c)require Nonconversion agreement/deed restriction i. Floodway,prohibit encroachment j. Compensatory storage,require for fill in SFHA k. Zone V: require location further landward than the reach of mean high tide 1. Subdivision: require buildable residential lots outside of floodway m. Critical and essential facilities: several options could be considered,including(a)don't allow;(b)require higher level of protection than in ASCE 24(which is already pretty high) REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 2 Inter-Local Agreements: Many Florida communities have an inter-local agreement or arrangement under which one community(typically a county) agrees to enforce FPM requirements within another community's jurisdiction. Pursuant to section 163.01, F.S., this agreement should be in writing. DEM encourages both communities to get together to review the model ordinance and code amendments. If the two communities have different requirements complications can arise. An efficient way to avoid having different requirements is for both communities to adopt ordinances that are exactly the same and the same code amendments. DEM has developed a model local inter-local agreement for floodplain management which can be modified easily to include enforcement of the building code. Download the model agreement at the webpage noted above. 553.73, Florida Statutes (5) Notwithstanding subsection (4), counties and municipalities may adopt by ordinance an administrative or technical amendment to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives. Specifically, an administrative amendment may assign the duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the local government and adopt procedures for variances and exceptions from flood-related code provisions other than provisions for structures seaward of the coastal construction control line consistent with the requirements in 44 C.F.R. s. 60.6. A technical amendment is authorized to the extent it is more stringent than the code. A technical amendment is not subject to the requirements of subsection (4) and may not be rendered void when the code is updated if the amendment is adopted for the purpose of participating in the Community Rating System promulgated pursuant to 42 U.S.C. s. 4022, the amendment had already been adopted by local ordinance prior to July 1, 2010, or the amendment requires a design flood elevation above the base flood elevation. Any amendment adopted pursuant to this subsection shall be transmitted to the commission within 30 days after being adopted. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 3 Instructions and General Notes: Please read the complete model ordinance and code amendments, following along with the notes below that are keyed to the same sections. You will find it useful to download the flood excerpts from the FBC. We encourage the Floodplain Manager and the Building Official to get together to do this review. The provisions of the model ordinance are organized as follows: • Section 2 contains the complete FPM regulations that are coordinated with the FBC. The regulations are organized to match the organization of the code, with administrative provisions in Chapter 1, definitions in Chapter 2, and technical provisions in Chapter 3 • Section 3 contains local administrative amendments to the FBC, Building Chapter 1 that are required for consistency with the NFIP. Step One. The first step is to determine which flood zones are identified on your community's Flood Insurance Rate Maps. If your FIRM has zones that start with the letter"A" and zones that start with the letter"V,"these notes and the model ordinance that are identified "Zones_A-V"are the correct documents. Please check your FIRMs first, and call Technical Support if you need help making this determination(email and phone number listed above). Step Two. The next step is to begin to complete the community-specific information to be inserted where noted in {bracketed bold): 1. {name of community) is the legal name of the county, city, village, or town 2. {community's governing body) is the city commission, board of county commissioners, town council, etc. 3. {title of FIS} title of the current, effective Flood Insurance Study that includes the community 4. {date of FIS) date of current, effective FIS 5. {insert name) of applicable Water Management District 6. {Floodplain Administrator or Building Official) at these locations, the identified function can be performed by either the Building Official or the Floodplain Administrator; select the official designated responsible for each function. 7. {body designated to hear variances) see note for Sec. 107.1. 8. {date the community's first floodplain management ordinance was adopted) and {date of regular program entry). Note that these may or may not be the same date. You should research to determine the date the first ordinance was adopted. If that date is not available, the data of entry into the NFIP's regular program will be provided by Technical Support. Step Three. Carefully consider any modifications you may wish to make to the model ordinance and code amendments. Remember that most provisions in the model are written to satisfy NFIP requirements, which means we must be very careful when making changes. Please contact Technical Support if you have questions or would like a preliminary review of changes you're considering. Step Four. Please have Technical Support review your tailored ordinance in<track changes> mode before you get too far along in your adoption process. This is especially important if you propose to modify, delete, or add any of the provisions. Final review and approval by DEM and FEMA will be REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 4 much easier if Technical Support has reviewed it first. Step Five. Upon adoption and execution, send Technical Assistance a digital copy of the adopted ordinance, with all signatures. At that time, DEM will do a final review to complete the process. Recommended Forms: Some states and communities have developed forms that facilitate administration by communities, and help applicants understand and meet the requirements. DEM will make these forms available at a later date on the webpage listed above. 1. SI/SD Sample Notice for Property Owners, Contractors, and Design Professionals (from FEMA P-758). FEMA's sample is based on the NFIP minimum requirements (i.e., it does not show cumulative SI/SD). Florida communities that use a similar packet should ensure their materials are consistent with this sample. There is no need to reference this packet in local regulations. The DEM encourages the use of this packet to facilitate administration of the SI/SD requirements. 2. V Zone Design Certificate. The NFIP and FBC both require that a registered professional engineer or architect develop or review the structural design, specifications and plans for buildings in Zone V to certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the requirements. The DEM encourages use of this form, which also makes it easier to retain the documentation in the community's permanent records. 3. Agreement to Submit an Elevation Certificate. The applicant signs this form to agree to have an Elevation Certificate prepared and submitted twice, which is consistent with the FBC. The model ordinance is not written to require use of this agreement (modification to the ordinance would be required to make it mandatory). 4. Declaration of Land Restriction(Nonconversion Agreement).T he applicant signs this form to acknowledge the use limitations for accessory structures and enclosures below elevated buildings and to agree to not block/modify/cover flood openings;to not alter breakaway walls;to not convert the enclosures without a permit;to acknowledge that any alteration constitutes a violation; and to agree to record the declaration on the deed. The model ordinance is not written to require use of this declaration/agreement (modification to the ordinance would be required to make it mandatory). Elevation Certificate. Communities that are in the NFIP Community Rating System are required to use the NFIP Elevation Certificate. The FBC does not specify use of the NFIP Elevation Certificate, which means documentation of as-built lowest floor elevations may be submitted in a different format. However, use of the Elevation Certificate is recommended. Not only does it provide information in addition to the surveyed elevation, but owners are required to use the NFIP Elevation Certificate to obtain NFIP flood insurance policies. Therefore, it is most cost effective for the owner to have the builder use the Elevation Certificate to satisfy the FBC requirement. The current effective Elevation Certificate is online at http://www.fema.gov/library/viewRecord.do?id=1383 and the NFIP Floodproofing Certificate is online at http://www.fema.gov/library/viewRecord.do?id=1600. Tech Topics: The following notes refer to some existing Tech Topics that are accessible at www.ffma.net. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 5 Explanatory Notes for Model Floodplain Management Ordinance Section 101 Administration, General 101.1 Title 101.2 Scope. The definition of"development" is very broad. Communities that participate in the NFIP agree to regulate all development. Enforcing the FBC and the model ordinance fulfills the requirements. Note that the scope of this ordinance includes buildings and structures that are exempt from the FBC. Exemption from the building code, even by state law, is not accepted by the NFIP as justification to not regulate such buildings for the purpose of compliance with floodplain management requirements. What it does mean is that a mechanism other than a building permit must be in place. This ordinance establishes that mechanism, by requiring compliance with ASCE 24 and by issuance of a floodplain development permit or approval. 101.3 Intent 101.4 Coordination with the FBC This is an explicit acknowledgement that the ordinance and the FBC are intended to be enforced together. 101.5 Warning A statement to this effect has always been part of local floodplain management regulations. The second part of the paragraph contains a warning that if flood maps and flood data change,the community will be required to adopt that revised flood data, which would then have to be enforced in the future. 101.6 Disclaimer of Liability A statement to this effect has always been part of local floodplain management regulations. Section 102 Applicability 102.1 General. If a community elects to enforce a"more restrictive"provision that affects the design and construction of buildings within the scope of the FBC,that provision must be adopted as a local code amendment. Communities should review section 553.73(5), F.S.,to determine whether any such code amendments are not subject to section 553.73(4)—in which case they may not be rendered void when the code is updated. Local technical code amendments that qualify are those adopted for the purpose of participating in the CRS,those that were already adopted prior to July 1,2010,and those that require additional height above the BFE. 102.2 Areas to which this ordinance applies 102.3 Basis for establishing • Insert the title and date of the FIS. When a"countywide"map is flood hazard areas. available,the FIS and FIRMs include the unincorporated areas of the county and incorporated areas(e.g., " County, Florida and Incorporated Areas"). For municipalities, reference to the countywide FIS and FIRMs means only the FIRMs(or portions of FIRMs)that show the area within the boundaries of their municipalities. • Communities may adopt a flood hazard map other than the FIRM provided that map shows flood hazard areas that are larger than the SFHA. A revised FIRM map that adjusts for datum change would require re-adoption, and is not intended to be covered by this REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 6 r, provision. Any community that uses another map needs to modify this section,even if the other flood hazard map is for only a portion of the community(e.g., for only one watershed or a part of a waterway). • Communities that annex area outside the municipal boundaries shown on the current FIRM must notify FEMA(see Section 103.8(6)). Annexation may prompt a requirement to adopt a FIRM for the annexed area, if that area is not already shown on a panel adopted by the community. 102.3.1 Submission of additional This provision'recognizes that topography developed by a licensed data to establish flood hazard professional surveyor for site plans or available from community GIS areas. layers, for example, may be at a finer scale(and thus more accurate)than the base maps used by FEMA to draw the boundary of special flood hazard areas. The best available data should be used, including the best available topographic data,and where there are discrepancies,the SFI-IA delineation on the best topography should be used. Especially with older FIRMs that were developed using topographic maps with a large contour interval, land that is lower than the BFE may not be shown as in the SFHA. This provision requires use of the best available information(in this case better topography)to delineate the SFI-IA boundary. There may be some liability if communities know, based on site plans prepared using better data,that areas are not delineated on the FIRM but are subject to flooding,and yet do not regulate such areas. Note also that some land that is higher than the BFE may be shown on the FIRM as in the SFHA(within the shaded dark grey area). Communities are required to regulate the SFHA shown on the FIRMs until and unless FEMA issues an amendment or revision to the map(see the definition of "Letter of Map Change"). 102.4 Other laws. 102.5 Abrogation and greater restrictions. 102.6 Interpretation. Section 103 Duties and Powers of the Floodplain Administrator 103.1 Designation. Communities are required to designate an official deemed appropriate to enforce the ordinance as part of meeting the requirements to participate in the NFIP. The Floodplain Administrator may be the building official or another position. Sec. 553.73(5),F.S.,authorizes designation of local agency other than the building official to be responsible for the enforcement of part or all of the flood provisions of the FBC. Delegation of authority is standard, especially in departments where staff perform functions under the authority of the designated manager. This authority also allows reviews by other departments where those departments already review or approve certain activities. For example,grading plans may be approved by a public works department; subdivision requests typically are approved by the planning department. Regardless of which department or person performs the work,the Floodplain Administrator has overall responsibility. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 7 Ali 3 1 YYIg n HOT Some sections in the model refer to both the Building Official and the Floodplain Administrator. As explained in the introduction above, both titles should be retained even if the Building Official is also designated as the Floodplain Administrator. 103.2 General. 103.3 Applications and permits. This section recognizes that communities may have more than one office or department involved in the review of applications for development in flood hazard areas. The responsibilities listed appear in most existing local regulations. 103.4 Determinations for existing These responsibilities are not new, but most existing local regulations do buildings and structures. not include this level of detail. #1, see the definition of"market value." Note that this item allows the community to use adjusted assessed value or to require submission of an appraisal. If an applicant disputes use of adjusted appraised value,this language then requires the submittal of a market appraisal. Communities that want to always require appraisals may modify this language to remove reference to other methods. #4,an important responsibility is to notify the applicant/owner if the work is determined to be SI or SD. Note that this language changes if the community elects to enforce cumulative SI/SD(see Higher Standards). See packet of sample forms for an up-to-date version of an SI/SD handout used by many Florida communities(based on FEMA's review of several the packets used by Florida communities,those packets are not consistent with the requirements). Tech Topic: Guidance for Additions in SFHAs 103.5 Modifications of the strict This section is added because the BOAF Model Administrative Chapter application of the requirements contains a provision that allows the building official to grant such of the Florida Building Code. modifications. NOTE: See companion code amendment at BL 104.10.1; if that code amendment is not adopted, this ordinance provision is not necessary. 103.6 Notices and orders 103.7 Inspections. This section has more detail than previous model ordinances. However, the commitment to regulate development in flood hazard areas has an implied commitment to inspect all development, including unpermitted development. The FBC,Building(Sec. 110.3)does not explicitly require a separate"floodplain"inspection, but requires submission of elevation certification two time: (1)upon placement of the lowest floor(and prior to further vertical construction); and(2)as part of the final inspections. 103.8 Other duties of the #1 follows the FEMA recommendation to establish procedures for SI/SD Floodplain Administrator. to provide uniformity,especially to identify the primary method to establish market value(see FEMA P-758). Communities that could experience widespread flood damage are encouraged to review the Desk Reference and decide in advance how various aspects of dealing with the aftermath will be handled, such as estimating costs and market values. #2 satisfies the NFIP requirements for notifications,but does not obviate REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 8 0B r 5 4 a, 0 �dF, 9 s ' the need to obtain any other Federal or State permits that may be required for applications to alter watercourses. #3 applies when the applicant elects to have engineering done to show different boundaries or BFEs, in which case the community can only use the new data if it is approved by FEMA. This is not equivalent to Sec. 102.3.1 which applies in SFHAs without BFEs, in which case the additional data are submitted for unnumbered zones to determine the BFE of the existing SFHA, not to redelineate the SFHA or to refute the BFE. #4 requires the Floodplain Administrator to determine if design certifications and documentation of elevations are complete(e.g.,that appropriate fields of the Elevation Certificate are completed by the surveyor). #6 although this item is optional, it is important because owners may not realize that NFIP flood insurance is not available on new buildings and SI/SD buildings located in CBRS areas. 103.9 Floodplain management Communities make a commitment to the NFIP to retain certain documents records in permanent records and to make those records available for public inspection. This commitment overrides any other provision of law that allows disposal of public records after a certain permit of time. Tech Topic: Tips on Record Retention for NFIP Communities Section 104 Permits 104.1 Permits required 104.2 Floodplain development Floodplain development permits or approvals are required for development permits or approvals. other than buildings that are within the scope of the FBC. Buildings that are exempt from the FBC are subject to the ordinance(see comment for Sec. 101.2). Rather than issue a separate floodplain development permit, applications for other permits/approvals may be reviewed and approved for compliance. This section also permits communities to decide whether to issue both a building permit and a separate floodplain development permit/approval for the same activity. 104.2.1 Buildings, structures and See comment for Sec. 101.2. To fulfill the requirements for participation facilities exempt from the Florida in the NFIP and the commitment to regulate all development, this section Building Code. recaptures buildings and structures that are exempt from the FBC. This is accomplished by requiring such buildings to be designed and constructed in accordance with ASCE 24. Floodplain Administrators may seek advice from the Building Official because compliance with ASCE 24 is equivalent to compliance with the flood provisions of the FBC(seeking consultation is not equivalent to asking the Building Official to issue a permit). The reference to"any further exemptions provided by law" comes from the FBC and is included here to capture any future exemptions which may be passed by the legislature. NOTE: #9 refers to the exemption added by SB 704 in 2012;a building that is used for hunting that is located in"the 100-year floodplain defined by FEMA" it is not exempt from the FBC,and thus has to comply with the flood provisions of the FBC. 104.3 Application for a permit or approval. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 9 104.4 Validity of permit or approval. 104.5 Expiration. 104.6 Suspension or revocation 104.7 Other permits required HB 503 (2012) imposes certain limitations on counties and municipalities regarding issuance of local permits. It allows addition of a condition that is captured by this provision. This section is required by NFIP regulations (44 CFR 60.3(a)(2)). Also see FBC, Building Section 105.3.3 which requires a specific statement regarding additional restrictions and additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. #1, insert the name of the applicable water management district. Section 105 Site Plans and Construction Document 105.1 Information for As stated in the text below the list in Sec. 105.1,the requirement to have development in flood hazard plans drawn to scale may be waived provided the submitted plans and areas. drawings provide sufficient information for evaluation of the proposed project. Greater precision is appropriate if the flood hazard area does not cover an entire lot, if a portion of the lot is in a floodway,or if a parcel is affected by more than one BFE or more than one flood zone. #6 is intended to minimize the placement of fill in flood hazard areas, especially fill that is not intended to support buildings. Because of adverse impacts on flooding, flood hazard areas should not be used to dispose of excess fill. In addition,applicants who intend to fill an area and then seek a map change to"remove"the area from the mapped SF1IA should do so as part of the permit which requires proper compaction, not as a subsequent action. #8 is not intended to imply that alteration of sand dunes or mangrove stands is permissible, only that if such activities are allowed by DEP,the flood-damage impacts must be considered pursuant to this ordinance. #9 requires delineation of any change channel(see Sec. 105.3 #3 for other requirements for such proposals). Note that under some circumstances, certain required submissions may be waived. The Floodplain Administrator should not waive any requirement that is needed to review a proposal for compliance. For example,this provision would allow sketches for activities that don't need scaled plans prepared by a registered design professional, such as adding a deck, an addition, interior-only improvements, or building an accessory structure. 105.2 Information in flood hazard This provision clarifies that if base flood elevation data are not available areas without base flood from other sources,the Floodplain Administrator may require the applicant elevations (approximate Zone to develop data using acceptable methods. The building code gives the A). code official the same authority. #1 allows use of data from other sources, including the community itself, such as information from nearby permits, local drainage studies, or documentation of past flooding. #2,the Floodplain Administrator can exercise discretion as to whether to REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 10 b3l j83 q , s ,. • >.a i �s sa, 3� � PIA fir, '"�,i' ''B' I ; require the analyses in this item rather than default to#3. #3 is consistent with NFIP guidance(FEMA 265)that assumes the flooding is shallow in approximate Zone A(sometimes called "unnumbered Zone A"). If an area is known to flood frequently to a depth of 2 ft, it is reasonable to assume that flooding will be deeper during more severe(less frequent)events, in which case another method must be used rather than default to 2-ft. This may be removed communities that elect to require determinations by an engineer. Note that Section 302.2 requires development of base flood elevation data for subdivision proposals and development proposals containing at least 50 lots or at least 5 acres if the FIRM does not show BFEs. Sec. 105.2(1)or (2)satisfy this requirement(defaulting to 2 ft above grade does not). 105.3 Additional analyses and #1: floodways are areas where obstructions may divert flow or increase certifications. BFEs. FEMA delineates floodways for many waterways by using computer models to estimate the impacts on flood elevations associated with potential development in floodway fringe areas. The floodway boundary is drawn when the computer model determines the fringe development would cause the water surface elevation to go up no more than 1 foot. #2 addresses situations where SFHAs are shown with BFEs but without floodways. The potential impact of encroachments has not been evaluated and the NFIP regulations require that a comparable floodway delineation analysis be performed when applications are submitted. This requirement is found in NFIP regulations at 44 CFR 60.3(c)(10. Communities should contact DEM for guidance. 105.4 Submission of additional FEMA requires applicants for LOMCs to obtain the community's data. acknowledgement of the submission. Section 106 Inspections 106.1 General. 106.1.1 Development other than An important part of fulfilling responsibilities to the NFIP is to inspect buildings and structures. permitted development, including development other than buildings and structures. 106.1.2 Buildings, structures and The Floodplain Administrator inspects buildings, structures and facilities facilities exempt from the FBC. exempt from the FBC. 106.1.2.1 Buildings and This section is the same requirement in the FBC Section 110.3 (under structures exempt from the FBC, "Building,"items 1.1 and 5.1). Submission of elevation documents is lowest floor inspection. required upon placement of the lowest floor and prior to further vertical construction, at which time the permittee is required to submit elevation documentation(use of the NFIP Elevation Certificate is recommended). 106.1.2.2 Buildings, structures This section is the same requirements in the FBC; submission of elevation and facilities exempt from the documentation is required as part of the final inspection. Having the FBC, final inspection. Elevation Certificate in hand allows the inspector to verify compliance and have the data necessary to determine if mechanical and electrical equipment and flood openings are compliant. 106.1.3 Manufactured homes. This section identifies the Floodplain Administrator or the Building Official may perform inspection of manufactured homes. Requirements for installation in flood hazard areas are included in Section 304. Section 107 Variances and Appeals 107.1 General. Variances are official permission to undertake an activity that is otherwise REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 11 t,„ .Velft'i' •-1 *kw( prohibited or not approvable under the regulations or building code. Documentation for each variance considered shall be retained in permanent records(see. Section 103.9). A pattern and practice of issuing variances may prompt scrutiny by FEMA and DEM. It is inappropriate to use variances to resolve violations or to attempt to solve problems discovered after construction is completed. The 2010 FBC does not create a board of appeals; the BOAF Admin Code does establish a board of appeals. Florida communities designate a variety of bodies to hear variances: planning and zoning board, board of appeals and adjustments, board of adjustment, city commission, city council, or board of zoning appeals. Sec. 553.73(5)explicitly states that variances to the flood provisions of the FBC shall not extend to the provisions in Section 3109 for structures seaward of the CCCL. 107.2 Appeals 107.3 Limitations on authority to grant variances. 107.3.1 Restrictions in floodways. 107.4 Historic buildings. A determination that a historic building will not preclude its continued designation as a historic building should be based on documentation provided by a qualified authority, preferably the authority that determined the building is a historic building that meets the criteria for the exception to FBC, EB Section 1101.3. 107.5 Functionally dependent This section is consistent with NFIP regulations at 44 CFR 60.3(7). uses. Although it allows variances for functionally dependent uses(see definitions), which would allow them below BFE, it does not allow such uses to entirely disregard methods to minimize flood damage. 107.6 Considerations for Documentation to support issuance of variances should include technical issuance of variances. evaluations, relevant factors, and should address each of the considerations listed. 107.7 Conditions for issuance of Documentation to support issuance of variances should include variances. documentation of each of conditions listed. For FEMA Guidance on variances, see FEMA P-758(Section 5.6.7). #3 is not required by the NFIP, but is recommended to inform future owners of the variance. Section 108 Violations 108.1 Violations. This section applies only to violations of this ordinance;violations of the FBC are dealt with in the code. 108.2 Authority. 108.3 Unlawful continuance. Section 202 Definitions Several terms are noted as being defined in the FBC,B. They are repeated in this ordinance because they are used in provisions that apply to development that is not within the scope of the FBC, Alteration of a watercourse Requirements for alteration of a watercourse apply to riverine(nontidal) waterways(see Section 105.3(3)). REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 12 ` ,!s , 44, 4 1, ...,,x 3; ,`' , Appeal ASCE 24. The FBC, B refers to ASCE 24,which contains the detailed, specific requirements for buildings and structures in flood hazard areas. The FBC, R requires homes in floodways to comply with ASCE 24 and allows ASCE 24 as an alternative in Zone V. See"Highlights of ASCE 24"prepared by FEMA, available http://www.floridadisaster.org/Mitigation/SFMP/lobc resources.htm Base flood. Base flood elevation. Basement. The NFIP definition of"Basement"is consistent with the building code definition in Sec. 1612.2(the FBC, B also defines"basement" in Sec. 502.1). In addition,this definition is consistent with its usage in the FBC, R provisions that apply in flood hazard areas(see R322.1.5,R322.2.1 and R322.3.2). Coastal construction control line. Coastal high hazard area. The FBC, B uses the term"flood hazard areas subject to high velocity wave action"to refer to"coastal high hazard areas;"the FBC,R uses the term"coastal high hazard area." Design flood. The design flood is either the base flood or another flood based on other criteria. A community may choose to prepare and adopt flood hazard maps that show flood hazard areas that are not on maps prepared by FEMA. These may be areas that FEMA did not study or areas that were studied with different criteria.For example, as a general rule, FEMA is concerned primarily with flooding sources that have a drainage area of 1 square mile or more. For another example, some communities elect to prepare flood hazard maps based on the assumption that the upland watershed is built out to existing zoning,often called"ultimate development,." and sometimes the"flood of record"is the basis for regulation. Design flood elevation. In Zone AO,this definition specifies use of the depth number or 2 ft. If the community elects to add additional height elsewhere(freeboard), consideration should be given to specifying the minimum depth number should be at least 3 feet. Development. Encroachment. Existing building and existing See note above regarding the adoption date of the community's first structure. floodplain management ordinance. The common NFIP label for"existing buildings"is pre-FIRM(built before the FIRM),and the comparable label for"new construction"is post-FIRM (built after the FIRM). Now that many Florida communities have been in the NFIP for 20-30 years, it is somewhat awkward to refer to buildings that old as"new." Although there is a difference in the wording of this definition and the FBC definition,there is no practical difference. The NFIP considers any building built after the specified date to be"new construction"and expects communities to ensure that any work performed on such new construction/existing buildings will not alter or modify any aspect of that building that was required for compliance with the floodplain management REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 13 ' 4164:11,11,4*;:,,2y3 requirements in effect when it was built. This same concept is in the codes. Existing manufactured home See Higher Standards if the community elects to treat all MFH the same. park or subdivision. Expansion to an existing See Higher Standards if the community elects to treat all MFH the same. manufactured home park or subdivision. Federal Emergency Management Agency (FEMA). Flood or flooding Flood damage-resistant materials. Flood hazard area. This term refers to(l)the mapped Special Flood Hazard Area shown on FIRMs,and(2)a larger area if the community adopts another map or legally designates an area. Flood Insurance Rate Map Revised FIRMs that have been prepared in digital format or converted to (FIRM). digital format are referred to as Digital FIRMs(DFIRM). The term"Flood Insurance Rate Map(FIRM)"refers to flood hazard data provided by FEMA,regardless of whether the data are shown on printed products or in digital format. DEM will help communities that have Flood Boundary and Floodway Maps to modify the model to appropriately reference that map. Flood Insurance Study(FIS). Most Florida communities have an FIS;those that do not should contact DEM for guidance to modify the model ordinance. Floodplain Administrator. Floodplain development permit If approval is signaled as part of another form of permit or approval,the or approval. community should keep a record of that approval. Some Florida communities use a stamp that allows the Floodplain Administrator to indicate and date concurrence. Floodway. Floodway encroachment analysis Florida Building Code. The Florida Building Code(FBC) is a family of codes. FBC,B is the building code; FBC, R is the residential code; FBC, EB is the existing building code;the family also includes mechanical, plumbing, and fuel gas codes. The FBC includes flood provisions that FEMA has determined to be consistent with the NFIP requirements for buildings and structures; see especially Sec. 1612(building), R322 (residential), and FBC, EB. The term"building code"is used to refer to all of the codes. Functionally dependent use. Highest adjacent grade. Historic structure. Letter of Map Change (LOMC) Light-duty truck Lowest floor. Manufactured home. This definition is modified to incorporate the NFIP definition and phrasing from the definition in 15C-1.0101,F.A.C. Units that are called"park trailers"(also defined in 15C-1.0101),or"park models"or"HUD RVs" REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 14 x k�' ,:„t m a °':r a "m " < Aki are treated as recreational vehicles. Manufactured home park or subdivision. Market value. The alternatives to establish market value are described in Substantial Improvement/Substantial Damage Desk Reference(FEMA P-758). Communities should decide which method to use and apply it consistently. If a method other than a professional appraisal is selected as the standard method, applicants can be given the option to provide an appraisal. Communities that elect to always require the applicant to provide a professional appraisal may modify this definition. Documentation of the factor provided by the Property Appraiser should be kept with permit records and should be verified annually. New construction. See note above regarding the adoption date of the community's first floodplain management ordinance. New manufactured home park or See note above regarding the adoption date of the community's first subdivision. floodplain management ordinance. Park trailer. This definition is found in 15C-1.0101,F.A.C. Recreational vehicle. "Park trailers"is added to the NFIP definition;these units are treated as RVs and,just like RVs, if they do not conform to the requirements for RVs, then they shall be treated as manufactured housing units. Sand dunes. Special flood hazard area. Start of construction. Substantial damage. For guidance, see Substantial Improvement/Substantial Damage Desk Reference(FEMA P-758). Substantial improvement. For guidance, see Substantial Improvement/Substantial Damage Desk Reference(FEMA P-758). Variance. Watercourse. Section 301 Buildings and Structures 301.1 [Buildings and Structures] See Section 104.2.1 and 106.2& .3. Walled and roofed buildings are Design and construction of required to comply with ASCE 24; non-building structures are required to buildings, structures and comply with Section 307, which has general performance expectations facilities exempt from the FBC. (e.g., anchored to prevent flotation/debris). 301.2 Buildings and structures DEM and the Florida Building Commission has identified a collaborative seaward of the coastal initiative for the coming year to resolve the inconsistencies between CCCL construction control line. and Zone V requirements in the next code cycle. Until the inconsistencies are resolved in the FBC,building officials have to do it on a case-by-case basis; in doing so, the more restrictive of the two sets of requirements must be enforced. Section 302 Subdivisions 302.1 Minimum requirements. 302.2 Subdivision plats. Section 303 Site Improvements, Utilities and Limitations 303.1 Minimum requirements. Although these requirements are the same as Section 302.1,here they apply to developments other than subdivisions. 303.2 Sanitary sewage facilities. 303.3 Water supply facilities. 303.4 Limitations on sites in This is a key provision that is referenced in several other sections. The REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 15 regulatory floodways. requirement is that development be prohibited in floodways unless an analysis demonstrates the encroachment will not increase base flood elevations. 303.5 Limitations on placement Fill may be placed to support buildings or for other purposes. These of fill. provisions for fill placed to elevate buildings come from ASCE 24,a standard that is referenced in the building code. The building code also includes requirements in 1803.5.8 and R401 (fill soils)and R506(concrete floors on ground). The ASTM Standard D-698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort may be referenced. 303.6 Limitations on sites in coastal high hazard areas (Zone V). Section 304 Manufactured Homes 304.1 General. 304.2 Foundations. See Protecting Manufactured Homes from Floods and Other Hazards (FEMA P-85) http://www.fema.gov/library/viewRecord.do?id=1577. FEMA P-85 includes a number of pre-engineered foundation solutions that take into account both flood loads and wind loads. 304.3 Anchoring. 304.4 Elevation. FEMA has revised its manufactured home installation guidance document to refer to the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam)as the reference level. DEM will request that Department of Highway Safety and Motor Vehicles update the rule at 15C-1, F.A.C.,to refer to FEMA P-85 (revised in 2009). 304.4.1 General elevation requirement. 304.4.2 Elevation requirement Communities that do not want to allow certain replacement MFH to be for certain existing manufactured installed below the BFE should see Higher Standards. home parks and subdivisions. 304.5 Enclosures. 304.6 Utility equipment. Section 305 Recreational Vehicles and Park Trailers' 305.1Temporary placement. 305.2 Permanent placement. Section 306 Tanks This section is consistent with FEMA-Proposed clarifications to the next edition of ASCE 24. 306.1 Underground tanks. The NFIP definition of"development"is broad, and includes tanks. Floodplain management regulations have always covered tanks. This model includes specific provisions so that neither the applicant nor the local official has to figure out what is necessary to comply with the general performance expectation. 306.2 Above-ground tanks, not elevated. 306.3 Above-ground tanks, elevated 306.4 Tank inlets and vents. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 16 9 w li fi re (13 ta} a Arf Section 307 Other Development This section is consistent with FEMA-proposed clarifications to the next edition of ASCE 24. 307.1 General requirements for The NFIP definition of"development"is broad and includes the"other other development. development"listed in this section. This model includes specific provisions so that neither the applicant nor the local official has to figure out what is necessary to comply with the general performance expectation. FEMA Technical Bulletin#5 includes both general guidance and specific guidance for some types of development in coastal high hazard areas(Zone V). 307.2 Fences in regulated floodways. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. 307.4 Roads and watercourse crossings in regulated floodways. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks,walkways, patios and similar nonstructural uses (Zone V). 307.6 Decks and patios in coastal high hazard areas (Zone V). 307.7 Other development in coastal high hazard areas (Zone V). 307.8 Nonstructural fill in coastal The description of the uses and"minor"quantities of fill are the same as high hazard areas (Zone V). specified in the residential code. Although a specific volume is not defined, the nature and purposes for which minor grading and quantities of fill may be used are sufficient to place bounds on proposals. The placement of fill(and structures such as retaining walls)can deflect waves and divert flood flows which may damage buildings. 17 REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) Explanatory Notes for Model Local Administrative Code Amendments q :a a BL104.10.1 Modifications of the This section is added because the BOAF Model Administrative Chapter that strict application of the was available prior to the BOAF Board meeting on March 10, 2012 requirements of the Florida contained a provision that allows the building official to approve Building Code. modifications. If the community does not adopt that local administrative provision this section is not needed; and see Ordinance 103.5,which would also not be needed. BL107.6.1 Building permits Despite the submission of an affidavit authorized by B107.6,the building issued on the basis of an official must review plans for compliance with the flood provisions and affidavit. issue permits and perform inspections to ensure compliance with the flood provisions. Under the NFIP,the community is responsible for ensuring compliance. BL 117.1 [Variances] Flood For consistency with the NFIP, Section 553.73(5)authorizes adoption of hazard areas. procedures for variances;the specific procedures are in the FPM ordinance. Variances are official permission to undertake an activity that is otherwise prohibited or not approvable under the regulations or building code. As specified in Section 553.73(5), F.S.,the authority to grant variances to the flood provisions does not extend to any requirement in Section 3109, which applies seaward of the Coastal Construction Control Line. REVISED Notes and Instructions for FPM Ordinance&Code Amendments: Zones A&V(April 12,2012) 18 U.S.Department of Homeland Security Attachment 2 Region IV 3003 ChaiubleeTucker Road Atlanra,Ga 30341 �y�,u,, FEMA 4A D S April 26,2012 Mr. Robert C. Wiley,P.E., CFM Collier County Growth Management Division Land Development Services 2800 North Horseshoe Drive Naples,Florida 34104 Ref.: Collier County Flood Damage Prevention Ordinance Dear Mr. Wiley: This is in response to your letter dated April 12,2012,regarding the issues related to Collier County's recently adopted flood damage prevention ordinance. In that letter FEMA Region IV was requested to address three questions. We offer the following: 1. Using the enclosed County ordinance documents(Ord 2011-07 and Ord 2012-06) what are the specific areas and/or statements within these two FDPO documents that FEMA finds unacceptable to the p0oint that they would justify finding the FDPO non-compliant and removing Collier County from participation in the NFIP. Please provide clear documentation as to why these are unacceptable and provide specific revision language that would be deemed acceptable to find the FDPO in compliance. The areas of noncompliance with the floodplain management criteria of the National Flood Insurance Program(NFIP)in the ordinance(2011-07)that Collier County adopted are: 1)exemption of development activities under"de minimus"provision in Section FIVE,B (6) (c) from the ordinance requirements; 2)blanket exemption of historic structures' from meeting the ordinance requirements regardless of the historic structures' continued designation as historic structures under Section SIX, (E); 3)inclusion of conflicting provision for accessory structures for their placement at or near grade,while requiring a minimum elevation of 5.7 feet NAVD as the lowest floor for all structures,under Section FIVE(D),(13)(h); 4)inclusion of a conflicting provision, "Not every development permit is required to be reviewed under this ordinance"under section TWO (B),which is in conflict with the provision under Section THREE(D); 5) inclusion of the residential structures' lowest floor elevation requirement for new construction or substantial improvements, instead of both,under Section FIVE,(B)(1); and 6)usage of the term"lowest finished floor",which is not recognized by the NFIP. www.fema.gov As you may recall,Prasad Inmula,Henrietta Williams and I had a lengthy conference call with you to discuss our concerns about the FDPO on April 9,2012. At your request,on April 10,2012,we consolidated the two documents and provided our comments and specific recommended language in track changes format via electronic mail. Another lengthy conference call was conducted on April 12,2012,to discuss any questions concerning the recommended language and actions that would be necessary to bring the Flood Damage Prevention Ordinance into compliance. 2. Why is the "Model"ordinance language now not considered acceptable when it was previously reviewed and approved by FEMA for distribution and use in Florida? We understand that there are some areas of additional language that the County included in its FDPO that were not part of the "Model"ordinance document, but the emailed comments received from FEMA identify numerous wording revisions that reflect changes to the "model"ordinance language. The ordinance that Collier County adopted modified the FEMA-approved Florida State Model Flood Damage Prevention ordinance. As indicated in the April 12, 2012,letter, several additional provisions were added and some were modified. Therefore,the entire ordinance was thoroughly reviewed and included suggested revisions. Our concerns and comments about Collier County's adopted ordinance were shared on two lengthy conference calls, after which those comments and language revisions were provided via email in a track changes format for easier identification. 3. Since FEMA has had possession of County ordinance 2011-07 since 5-10-11, why are we just now receiving notification that the document is non-compliant when there is extremely little time left to make changes, and what specifically will be the ramifications to the County if we are not able to thoroughly vette a revised ordinance document through the public and legal process and adoption by our Board of County Commissioners by 5-16-12? Regrettably,the Ordinance No. 2012-06, which amended the Ordinance 2011-07,was not provided for our review and comments before it was adopted by Collier County Board of Commissioners. Once we received the Ordinance No. 2012-06,we expressed our concerns and suggested language to address non-compliant aspects of the ordinance. We understand,based on a conference call conducted on April 20,2012,between Collier County and FEMA Region IV management representatives,that Collier County will not be suspended on May 16,2012. The County will be granted an additional 90 days to make the requisite revisions to the County-adopted Flood Damage Prevention Ordinance to be compliant with the floodplain management criteria of the National Flood Insurance Program. Please let us know if you have any further questions or concerns. You may contact me by email at s than ; ilson%rem a.dhs. ;o or by telephone at(770)220-5414. Sincerely, Susan W, Wilson,CFM,Chief Floodplain Management&Insurance Branch Mitigation Division\ Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 ORDINANCE NO.2014-2- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, {REPEAL[NC AMENDING ORDINANCE NO.-86-282011-071,AS AMENDED,RELATING TO FLOOD -- Comment MIN*The basic document used in DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT this DRAFT'was the ordinance document that produced Ord.2011.07. The Ord.2012-06 revisions APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN have been included in this document. THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT,PURPOSE,AND OBJECTIVES; PROVIDING FOR ACRONYMS AND 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 282011-07,which was subsequently amended by Ordinance Nos. 87 80.90 31,and 2005 512012-06;and WHEREAS, the Board desires to replace amend, 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. 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 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 from intense rain storms and/or tropical cyclone storm surge, which could result 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 Flood waters or which may increase Flood hazards to other lands. D. OBJECTIVES. The objectives of this Ordinance are to: (1) Protect human life,health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly Flood control projects; 2 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (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 public utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in Flood plains; (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: ACRONYMS AND DEFINITIONS. A. ACRONYMS BFE Base flood elevation CCCL Coastal Construction Control Line CFR Code of Federal Regulations FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Study NAVD North American Vertical Datum NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum SFHA Area of special flood hazard or Special flood hazard area SWEL Stillwater flood elevation WSWT Wet season water table B. 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. 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. 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. 3 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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. "' ••• ' . s :. • - .. . . . • {Comment[E2]:FEMA-Must do. Area of special flood hazard (SFHA) 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." The area is designated on the FIRM for all Flood zones beginning with the letter"V"or"A". 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 construction control line (CCCL) means the landward extent of that portion of the beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge, storm waves, or other predictable weather conditions as established by the Florida Department of Environmental Protection on June 28, 1989, in accordance with F.S. § 161.053,as amended or superseded. Coastal high hazard area means an SFHA 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 VI - V30,VE,or V. Compensatory storage means the volume of water storage provided to replace the volume of water displaced by development activity within the designated floodplain. The volume is calculated for the vertical distance between the WSWT and the BFE. 4 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 Cosmetic repair means the cleaning, sanitizing and resurfacing (e.g. sanding, repair of joints,repainting)of a Flood damage-resistant material. Datum means a reference surface used to ensure that all elevation records are properly related. The current national Datum is the North 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. Development permit means,for the purposes of this Ordinance,the local site Development or Building permit,as applicable,(i.e.any County authorization which must be approved by the County prior to proceeding with any "Development"). A review of a development permit in order to determine compliance with this Ordinance will not result in a separate fee or review process. ,• _ __ _ .. • Comment[RW3]:This is a FEMA"must do" change. To comply with the federal requirements every"development"activity within the regulated Elevated building means a non-Basement Building built to have the lowest floor elevated floodplain must be evaluated. As our ordinance above the ground level by foundation walls,posts,piers,columns,pilings,or shear walls. "ar'°`dthrough the Publw"`"'ngprocess objections were raised to reviewing everything for a FEMA impact,so this additional language was Existing Construction means,for the purposes of Floodplain management, Structures for added. FEMA is reminding us that we don't have the liberty to decide what"development"activity to which "the Start of construction" commenced before September 4, 1979. Existing review or not if it is in the regulatory floodplain. construction, means for the purposes of determining Flood insurance premium rates, This will require us to unsure we do a more thorough job of providing a floodplain impact review for ALL Structures for which the "Start of construction" commenced before September 14, 1979. development permitting and not automatically ypes This term may also be referred to as"existing Structures". exempting certain` of p"""� 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)means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S.Department of Homeland Security. Flood or Flooding means: 5 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (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 damage-resistant material m eans any building product (material, component or system)capable of withstanding direct and prolonged(at least 72 hours)contact with Flood waters without sustaining significant damage 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 part. Flood Insurance Rate Map (FIRM) means an official map of the community, issued by FEMA, which delineated both the SFHA 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,and other related data and information. Floodplain means any land area susceptible to being inundated by water from any source (see definition of"Flood or Flooding"). ]loodplain 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 designee. As of the adoption of this Ordinance,the Deputy Administrator of the Growth Management Division is the County Manager's designee. The County Manager may only change such designation in writing. j {Comment[PI4]: 3 6 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 Comment[P15]:Order of alphabetical Floodplain management regulations means this Ordinance and other zoning ordinances, arrangement 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. Dry 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 waters from entering the Building up to the BFE. 2. All areas of the Building components below the BFE must be water tight with walls substantially impermeable to the passage of water, and contain an 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 gallons/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 damage-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 BFE,completely enclosed within the Building's watertight walls or made watertight and capable of resisting damage during Flood conditions. 8. Dry Floodproofing components for openings through the substantially impermeable walls (e.g. doors, windows, etc.) must be installed within four (4) hours after issuance of a Flood war ping or a hurricane warning by the National Hurricane Center. 9. Wet Floodproofing utilizes Flood damage-resistant materials and techniques able to withstand prolonged submergence without damage and readily allow Flood waters to enter and leave the Building up to the BFE. 7 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 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 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 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 asand includes Ionl'I a {Comment(E61:FEMA—Must do, 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: 8 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 floor means the Lowest 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 non-elevation 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 germinans); red mangrove(Rhizophora mangle);white mangrove(Laguncularia 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 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 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 9 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 of this Ordinance may continue to be used provided there is also 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. Professional engineer means an engineer registered and/or licensed by the State of Florida to practice engineering in Florida. Professional land surveyor or professional surveyor and mapper means a surveyor registered and/or licensed by the State of Florida to engage in the practice of land surveying in Florida. 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 means anything which is not injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or does not unlawfully obstruct 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. 10 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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. Registered architect means an architect registered and/or licensed by the State of Florida to practice architecture in Florida. Regulatory floodway—see"Floodway" 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. Special flood hazard area(SFHA)—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. 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. Stillwater flood elevation (SWEL) means the Flood level resulting from astronomical tides and storm surge Flooding during a projected 1-percent-annual-chance Flood,or Base flood.The SWEL does not include wind driven waves which ride on top of the SWEL. 11 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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. 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. Temporary housing: Typically provided by FEMA or the Florida Division of Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida Division of Emergency Management may provide housing resources via its contractor or other approved agency such as the U.S. Department of Housing and Urban Development and others to provide for emergency housing including but not limited to: modular homes, mobile homes,component homes,cottages,camper trailers,or some other type of temporary living quarters intended to house displaced residents impacted by a natural or man-made disaster event for periods not exceeding(18)eighteen months unless extended by the Board of County Commissioners. Such Temporary housing efforts may be excluded from the Floodplain regulation(s) in light of the urgent need for Temporary housing. Such exclusions may further require an emergency notification and evacuation plan to be completed to ensure the safety of the occupants of the Temporary housing efforts. This emergency notification and evacuation plan will be approved by the Collier County Department of Emergency Management within 30 days of occupancy within the Temporary housing efforts. Variance is a grant of relief from the requirements of this Ordinance. Violation means the failure of a Structure or other Development to be fully compliant with the requirements of this Ordinance. A Structure or other Development without the 12 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 the channel and banks of 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. The Watercourse does not include the adjoining Floodplain areas. Waterway means an area within the Riverine(not coastal surge)portion of the SFHA with depth of Flooding equal to,or greater than,three(3)feet. Water surface elevation means the height, in relation to the NAVD of 1988, of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. Wet season water table elevation (WSWT)—The elevation, in relation to the NAVD of 1988,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 rock material is wholly saturated with water, can normally 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. The WSWT may be determined using the South Florida Water Management District's methodology for determining the seasonal high water table contained in the District's Environmental Resource Permit Information Manual Volume IV (September 2010, as may be amended), pages CA-1 — CA-7, or other methodology as approved by the Florida Department of Environmental Protection. Zone A means the Flood insurance rate zone used for 1-percent-annual-chance(Base flood) Floodplains that are determined for the FIS by approximate methods of analysis. Because detailed hydraulic analyses are not performed for such areas, no BFEs or depths are shown in this zone. Mandatory Flood insurance purchase requirements apply. This term should not be confused with the term "A-Zones" which means all Flood zones starting with the letter"A". Zone AE means the Flood insurance rate zone used for the 1-percent-annual-chance Floodplains that are determined for the FIS by detailed methods of analysis. In most instances,BFEs derived from the detailed hydraulic analyses are shown at selected intervals in this zone. Mandatory Flood insurance purchase requirements apply. AE zones are also coastal areas of inundation by the 1-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 1-percent-annual- chance Stillwater flood elevation(SWEL). Zone AH means the Flood insurance rate zone used for areas of 1-percent-annual-chance Shallow flooding from rainfall with a constant water-surface elevation (usually areas of ponding) where average depths are between 1 and 3 feet. BFEs derived from detailed 13 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 Floodplain but within the 0.2-percent annual chance Floodplain,and • Zone X(Un shaded) 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 SFHAs, exeeptand includes lowest floor elevation requirements for non-SFHAs as other ise-noted for Building Lowest door and Slab Comment(RW7] This change was required by Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the FEMAmclearly show that the County had added a criteria for lowest floor elevation in the X flood jurisdiction of the Board of County Commissioners of Collier County,Florida zones instead of appearing to exempt certain development activities. This is staff's language to address FEMA's concern and FEMA is agreeable to B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. it. There is no impact to the County's use of the ordinance by this change. he SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November 17, 2005, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and FIRM 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. Comment[PM:Without the auto-adoption clause,the County will need to adopt a revised ordinance for every future LOMR,LOMR-F, C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. CLOMR,CLOMR-F,and PMR The Board of County Commissioners of Collier County, Florida, hereby appoints the County Manager or designee to administer and implement the provisions of this Ordinance and is herein referred to as the Floodplain Administrator. 14 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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;and (2) 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 SFHA 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 provided in the Collier County Consolidated Code Enforcement Ordinance as it may be amended or replaced. SECTION FOUR: ADMINISTRATION. 15 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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. 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 Professional engineer or Registered architect that the non- residential Flood-proofed Building will meet the Floodproofing 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 (NAND) of the bottom of the lowest horizontal structural member of the Lowest floor and provide a certification from a Professional engineer or Registered architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that they are in accordance with accepted standards of practice in Coastal high hazard areas. (2) Construction Stage: Upon placement of the Lowest floor, or Floodproofing 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 Professional land surveyor or Professional engineer and certified by same. When Floodproofing is utilized for a particular Building said certification shall be prepared by or under the direct supervision of a Professional engineer or Registered 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 Floodproofing elevation survey data submitted. The permit holder 16 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 staff over which the Floodplain Administrator has supervisory and assigned responsible charge,shall include,but not be limited to: (1) Determine which Development Permits require review in order to determine if the terms of this Ordinance are applicable. Criteria used in making such determination includes,but is not limited to: a. The location of the proposed development is within the SFHA; b. The type of development will have a direct impact to the Floodplain; c. The development conflicts with restrictions applicable to this Ordinance. (2) Review permits to assure sites are Reasonably safe from Flooding; (3) Review all Development permits, including the review of certified plans and specifications for compliance, to verify that the permit requirements of this Ordinance have been satisfied; (4) Notify adjacent communities,the Florida Department of Community Affairs—Division of Emergency Management — NFIP Coordinating Office, the South Florida Water Management District, FEMA, and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a Watercourse; (5) Verify 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) Interpret the exact location of the boundaries of the SFHA. 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 Section Six of this Ordinance; 17 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (9) When BFE data and Floodway data have not been provided in accordance with SECTION THREE, B, the Floodplain Administrator shall obtain, review and reasonably utilize any BFE and Floodway data available from a Federal, State of Florida,or any other source,in order to administer the provisions of SECTION FIVE; (10)Coordinate all change requests to the FIS and FIRM with the requestor, State of Florida,and FEMA,and (11)Where BFE 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. (12)Grant waivers with respect to location and BFE requirements when emergency post disaster Temporary housing resources are needed in Temporary housing missions supported by FEMA, Florida Division of Emergency Management, Collier County Emergency Management and its designees for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. (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. (l4)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 4'I CFR 65.3. 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: (1) New construction and Substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or jndJ lateral movement of the {Comment[E91:FEMA"must do" Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) New construction and Substantial improvements shall be constructed with materials and utility equipment resistant to Flood damage as supported by the current Florida Building Code and FEMA Technical Bulletins; 18 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (3) New construction rand Substantial improvements shall be constructed by methods -- Comment(Rw ol:Same comment as above. and practices that minimize Flood damage, as supported by the current Florida This isa" A"must do Building Code and FEMA Technical Bulletins. (4) Manufactured homes shall be anchored to prevent flotation, collapse, er—and pateral Comment[RW11]:Same comment as above. movement. Methods of anchoring may include, but are not limited to,use of over-the- This'Sa FEMA"must do" . top or frame ties to ground anchors. This standard shall be in accordance with the manufacturer's specifications in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (5) Electrical, heating,ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located above the BFE or designed 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 so as to meet or exceed the minimum requirements of the Collier County Utilities Standards Manual and all other applicable codes and regulations; (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 so as to meet or exceed the minimum requirements of the Collier County Utilities Standards Manual and all other applicable codes and regulations; (8) On-site waste disposal (septic) systems shall be located and constructed to avoid impairment to them or contamination from them during Flooding so as to meet or exceed the minimum requirements of the Collier County Department of Health and all other applicable codes and regulations; (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 or improvement as contained in this Ordinance; (l0)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(as may be amended or superseded): 19 a Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes,Section(2)(a)—Flood Protection and Floodplain Management. (b) pepartment of Community Affair : in accordance with Chapter 380.05,F.S.,Areas , Comment[E12]:FEMA This department no of Critical State Concern, and Chapter 553, Part IV, Florida Statutes, Florida longer exists.It is now the Department of Economic Opportunity. 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, CCCL: 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) Proposals shall be consistent with the need to minimize Flood damage; (b) Proposals 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) Proposals shall have adequate drainage provided to reduce exposure to Flood hazards; (13)When proposed New construction and Substantial improvements are wholly or partially located in an SFHA, the entire Structure shall meet the standards for New construction within an SFHA; (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 BFEs, the entire Structure shall meet the standards for the most hazardous Flood hazard risk zone and the highest BFE. (15)When Floodproofing is utilized for a particular Building, certification shall be obtained from a Professional engineer or Registered 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 Professional engineer or Registered 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- 20 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 supporting Breakaway walls that meet the standards of SECTION FIVE, E(6)of this Ordinance. (16)Building Peet-Lowest 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 Study(dFIS . Comment[E13]:FEMA"must do". For some ii. Paved Road-a minimum of 18 inches above the crown of the nearest street or flood zones the FIS will have more accurate base flood elevation information,and,if available,must interior finished roadway system if finished with paving; in the event that the be used. 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 —Finis ed Lowest) Ffloors should be no lower than elevation 5.7 feet in relation to NAVD of 1988(with an allowable exception for accessory structures within the V-Zones as described in Section FIVE (D)(I 3)(h)llor -- Comment(RW14]:Text proposed to address v. Water Management Design- FEMA's"must do"concern of a perceived conflict in the ordinance. 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--Lowest 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 Management District's criteria shall use a finished-Lowest 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 Lowest 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-Lowest floor be less than the FIRM. - Comment[RW151:Changed to lowest floor (c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in instead of lowest finished floor. This is a"must do". elevation to the crown of the nearest street. 21 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (17)1Collier County considers the following activities as de minimus impact for limited-to`•the•rnter+OF of the-temwall-tantd-the-side-oaf-the strue;tuce.limited••to • Placement of fill within the SFHA, but outside of a Watercourse, for f Comment[RW 16]:This entire series of paragraphs on de mininus criteria must be removed. FEMA's regulatory section staff stated that B. SPECIFIC STANDARDS. development in the AH and ponded-AE flood zones is not affected by 44 CFR 60.3(cxl0)as was In all A-Zones where BFE data have been provided [Zones AE,A 1-30,A(with BFE),and Pstaff from the map preparation FEMA group The ap preparation group. The County AH],as set forth in SECTION THREE, B,the following provisions, in addition to those set will still be responsible to account for any forth in SECTION FIVE,A,shall apply: cumulative impact caused by the displacement of pP y• water not accounted for in the calculation of compensatory storage.This changes what we need (1 Residential Construction. All New construction I_- ubstantial improvement of to consider in reviewing building permits in GG ) �+t-and p Estates and older subdivision& any residential Building(including Manufactured home) shall have the lowest floor, Comment This is a must an with including Basement, elevated to no lower than the BFE. Should solid foundation FEMA. 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 BFE. 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 BFE 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. [NOTE: Floodproofing to just the BFE will result in a higher Flood insurance premium rate for the Structure because the Flood insurance policy requires rating a Structure at one foot below the Floodproofing elevation.] A Professional engineer or Registered architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding 22 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 Flood waters 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 Registered 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 Flood waters 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 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, 23 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 the Lowest floor shall be elevated on a permanent foundation to no lower than the BFE 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 the BFE,or (ii) The Manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength,that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to resist flotation,collapse,and lateral movement. (iii) Manufactured or component built temporary homes provided by FEMA, the Florida Division of Emergency Management or the Collier County Department of Emergency Management or its approved contractor or designee may provide post disaster emergency temporary Manufactured homes or similar resources within the Floodplain for a period not to exceed eighteen (18)months unless extended by the Board of County Commissioners. 1. Temporary utility connections for the duration of the Temporary housing efforts will be allowed in accordance with provisions authorized by the Building Code Official and 2. Such housing when provided must have an emergency notification and evacuation plan in place within 30 days of residency in accordance with guidelines imposed by the FEMA housing administrator or his designee. (c) All Recreational vehicles must either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use(a Recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions),or (iii) Meet all the requirements for New construction, including anchoring and elevation requirements in accordance with SECTION FIVE,B(4)(a)and(b). (d) Recreational vehicles or similar temporary or emergency housing units provided by FEMA,the Florida Division of Emergency Management or the Collier County Department of Emergency Management or its approved contractor or designee may provide post disaster emergency Recreational vehicles within the Floodplain 24 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 for a period not to exceed eighteen (18) months unless extended by the Board of County Commissioners. (i) Temporary utility connections for the duration of the Temporary housing efforts will be allowed in accordance with provisions authorized by the Building Code Official and (ii) Such housing when provided must have an emergency notification and evacuation plan in place within 30 days of residency in accordance with guidelines imposed by the FEMA housing administrator or his designee. Comment[E19]:Delete-FEMA"must do". FEMA no longer uses recreational vehicles(travel trailers)as Temporary Housing Units(THUs) (5) Adequate drainage paths around Structures shall be provided on slopes to guide water following declared disasters. away from Structures within areas of Shallow flooding. (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 A1-30), 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. (7) For all Structures located seaward of the CCCL, the lowest floor of all New construction and Substantial improvements shall be elevated to no lower than the 100-year Flood e levation 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. (8) Accessory Structures Accessory uses and Structures support and are subordinate to the use of a parcel and shall primarily serve those persons regularly and customarily involved with their use and include only those Structures incidental to a permitted 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 any other use than parking of vehicles and storage- - - -. _- feStfeelli-{3reos) Comment[E19]:FEMA"must do"without change,this is in conflict with minimum lowest floor elevation requirement. 25 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (b) Accessory structures shall be designed to have low Flood damage potential (wet Floodproofing). (c) Accessory structures shall be constructed and placed on the Building site so as to offer the minimum resistance to the flow of Flood waters. (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 44CFR Section 60.3(a)(3)(i) (e) Service facilities such as electrical and heating equipment shall be elevated at or above the BFE or Floodproofed. (f) Openings Ito ! automatically equalize flood 1-n.drostatie forces on (Comment[E20]:FEMA"must do" exterior galls pressure during the Basea Flood shall be provided below BFE 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 SECTION FIVE A(4),above,or secured to piers. C. SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS. Located within the SFHA established in SECTION THREE, B, where there exist A-Zones for which no BFE data and Regulatory floodway have been provided or designated by FEMA,the following provisions shall apply: (I) Require standards of SECTION FIVE,A. (2) Require that all new subdivision proposals and other proposed Developments (including proposals for Manufactured home parks or subdivisions)greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals BFE data. Standards set forth in SECTION FIVE,B,shall apply. (3) The Floodplain Administrator shall obtain, review, and reasonably utilize any BFE 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 Flood-proofed 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 Flood-proofed,and (c) Maintain a record of all such information. 26 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department of Economic Opportunity, Division of Emergency ManagemcntCommunity Affairs - Comment[E21]:FEMA"must do"—FLDCA NFIP Coordinating Office, and the South Florida Water Management District prior to name has been`hanged to DOE. 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 to SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall be elevated to no lower than four feet above the Highest adjacent grade or WSWT, whichever is higher, OR if utilizing a pressurized septic design, engineering justifications, considering adjacent Flood elevations and other applicable criteria, may be presented to the Floodplain Administrator for consideration of a lowered floor elevation,but in no case can the fished-Lowest floor be less than three feet above the {comment[RW22]:This is a"must do•. Highest adjacent grade or WSWT, whichever is higher. Standards set forth in SECTION FIVE,B,shall apply. D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS(V-ZONES). Located within the SFHA 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: (I) Meet the standards of SECTION FOUR,A, and SECTION FIVE,A, B(except B (7)), C,4nd O. -- Comment[PI23]:Referencing the very same section?It needs to be deleted. (2) All New construction and Substantial improvements in Zones Vl—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 BFE 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 27 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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 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 BFE, whichever is the higher. (3) A Professional engineer or Registered architect shall develop 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 codes) may be permitted only if a Professional engineer or Registered 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. 28 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (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 conditioned). (7) Prohibit the use of fill for structural support. No Development permit shall be issued for Development involving fill in Coastal high hazard areas unles s 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,D(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 BFE)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 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 BFE,whichever is the higher. All non- elevation design requirements in SECTION FIVE,D(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 29 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 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" must be unfinished on the interior, constructed with Flood damage-resistant materials below the BFE and used only for storage. (b) Maximum allowable size of Accessory structures in V-Zones 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. (f) The structural system shall utilize pilings,adequately embedded to resist scour and lateral deflection. The lowest horizontal structural member of roof systems, including plates and beams connecting the upright supports of the Structure,shall be placed at or above the BFE. (g) Any small Accessory structure enclosure below the BFE shall be constructed with Breakaway 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[E24]:FEMA"must do"—resolve conflict between(l3Xh),and minimum lowest floor elevation of 5.7 feet NAVD. 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,shall hear and decide Appeals and requests for Variances from the requirements of this Ordinance. B. DUTIES OF VARIANCE AND APPEALS BOARD. The Board of Zoning Appeals shall 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. Any person adversely affected by the decision of the Board of Zoning Appeals may Appeal such decision to the Circuit Court,as provided by law. C. VARIANCE PROCEDURES. (1) A 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 Subject to Type III Review. 30 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (2)The filing fee for each Variance request shall be that adopted and in effect in the Growth Management Division / Planning and Regulation Fee Schedule, (approved 7-27-10, Resolution 2010-130)as may be amended,replaced or superseded. (3) All Variance petitions shall be filed with the County Manager on forms provided and shall include data and information deemed appropriate and necessary by the County Manager. (4) In acting upon such Variance 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; (e) The necessity to the facility of a waterfront location 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 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 transport 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 public utilities and facilities such as sewer, gas,electrical,and water systems,and streets and bridges. (I) Grant and facilitate situations in code or regulations in which an unforeseen circumstance has been identified following a natural or man-made disaster in support of the emergent need for post disaster temporary emergency housing. 31 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 Such efforts, pending the magnitude of the disaster and the need for emergency housing may include efforts to grandfather or retro-actively approve such temporary emergency housing actions, waivers or exemptions when reasonable efforts were implemented to protect life, property and minimize suffering in an attempt to stabilize displaced residents and families following a disaster. Where possible such temporary waivers or exemptions following a disaster housing effort shall terminate within eighteen (18) months of issuance unless extended by the Board of County Commissioners. D. CONDITIONS FOR VARIANCES. (1) Variances may be issued for New construction and Substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the BFE, in conformance with the procedures of Paragraphs(3),(4),(5)and(6)of this Sub-section D. (2) Variances may be issued for New construction and Substantial improvements and for other Development necessary for the conduct of a Functionally dependent use provided that a) The criteria of Sub-section F,and Paragraphs(1),(3)and(4)of this Sub-section D are met,and b) The Structure or other Development is protected by methods that minimize Flood damages during the Base flood and create no additional threats to Public safety. (3) 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 safety or extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) 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. (5) The County Manager shall maintain the records of all Variance actions and report any Variances to the Federal Insurance Administration upon request. 32 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 (6) Any applicant to whom a Variance is granted shall be given written notice that (i) when a Structure is permitted to be built with the I.Lowest habitable-floor elevation {Comment[RW25]:This is a"must do". below the- BFE the cost of Flood insurance will be commensurate with the increased risk resulting from the reduced Ikowest habitable 400r=—floor being placed below the {Comment[RW2e]:This is a"must do". Base flood elevationelevation. comment[E27]:FEMA"must do". (7) Upon consideration of the factors listed above and the purpose of this Ordinance, the Board of Zoning Appeals may attach such conditions to the granting of Variances as it deems necessary to further the purposes of this Ordinance. E. HISTORIC STRUCTURES. Variances may be issued for the reeenstmetioivepair or rehabilitation or eration of Historic Structures structures • - - . - '- ' .. , • -- Sectienupon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic structure and the variance is the minimum Character deviation from the requirements of this ordinance to preserve the historic IC:haracter and design of the structure. Comment[P1281:Note the revised language. Comment[RW29]:This is a"must do" F. STRUCTURES IN REGULATORY FLOODWAY. Variances shall not be issued within any designated Floodway if any impact in Flood conditions or increase in Flood levels during the Base flood discharge would result. SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. • _ a • '.a. •. .. . -• ! _!. •, • .• - • - - _ 'Comment[RW30]:This is a staff deletion to simply show how the old document that was used to create Ord.2011-07 will be revised. 33 Collier Co - FEMA R4 "Must Do" 5-16-12 Attachment 3 I SECTION TENNINE: 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 ,201-1-2. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk FRED W.COYLE,CHAIRMAN Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney 34