Agenda 01/24/2012 Item #17EProposed Agenda Changes
Board of County Commissioners Meeting
January 24, 2012
Page 2
Move Item 17A to Item 8B. item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. PUDZ -PL- 2011 -2115 Community School of Naples CFPUD. An ordinance of the Board of
County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map
or maps by changing the zoning classification of the herein described real property from a Community
Facility (CF) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning
district for the project known as Community School of Naples CFPUD, located at 13275 Livingston
Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida consisting of 73 +/-
acres subject to conditions; by providing for the repeal of Ordinance Numbers 2000 -06 and 2004 -33,
as amended; and by providing an effective date. (Commissioner Hiller's request)
Move Item 17E to Item 8C: Recommendation
to adopt an amendment to Ordinance No.
2011 -07, the Flood Damage Prevention
Ordinance (FDPO) with an effective date of
March 30, 2012. (Commissioner Hiller's
request)
MUM
Item 10C: The Fiscal Impact portion of the executive summary should be revised as follows:
Funds in the amount of $ 1,184,411.38 ($1,076,737.62 plus a 10% contingency of $107,673.76) are
available in the Stormwater Capital Improvement Fund 325, project 51101 and in the Transportation
Grant Fund 711. Source of funding is Ad Valorem and gran from the South Florida Water
Management District (Staffs request)
Item 101): RFP Number referenced is incorrect The title should read: Recommendation to
award a Design Build contract in the amount of $4,048,944 to Thomas Marine Construction, Inc. and
American Consulting Engineers of Florida, Inc. for RFP No. 11 -5722 11-2 - "Design Build Golden
Gate Boulevard Bridge Replacements: 1) Golden Gate Canal #034026 and 2) Miller Canal #034028 ",
Project No. 66066. (Staffs request)
Item 13A1: Under the Considerations portion of the executive summary, the last paragraph
should read: The General Aviation Airport Security Plan update for the Immokalee Regional Airport
1/24/2012 Item 17.E.
n
SUMRY
Recommendation to adopt an amendment to Ordinance No. 2011 -07, the Flood Damage Prevention
Ordinance (FDPO) with an effective date of Morch 30, 2012.
OBJECTIVE: To anted the current FDPO No. 2011 -07 to address compliance review issues provided
to Collier. County by the State of Florida Floodplam Management Office, to provide certain de minimt�s
criteria for development within the Special Flood Hazard Area (SFHA) that would not retire additional
floodplain impact analyses, and adopt the FEMA DF1RM within the six month compliance period as
required by the National Flood insurance Program (NFIP).
CONSIDERATIONS: On November 8, 2011, Agenda Item IO.A., the Board of County Commissioners,
( Board) directed the County Manager, or his designee, to prepare an amendment to Ordinance No 2011 -
07 for public hearing once the official date for finalization of the floodplam mapping was provided by
FEMA in its Letter of Fist Determination (LFD). FEMA issued the LFD on November 16, 2011, and
established the effective date, for flood insurance purposes, as May 16, 2012.
In order to remain as ' a participating community in the NFIP, Collier County is required to adopt the
DFIRM by May 16, 2012, and submit a copy to FEMA (44CFR60.2). The County must also submit a
copy of the ordinance to the Florida Floodplain Management Office for their review and determination
that it meets the minimum requirements of the NFIP.
As was discussed at the November 8, 2011 Board meeting, the State identified three issues that needed to
be edited in the currant Ordinance No. 2011 -07 to bring the ordinance into full compliance. These three
issues are discussed is the first three .bullet points below. Additionally, after Board direction on
November 8, 2011, staff identified the need to include some "de minimus criteria'' for development in the
floodplain to prevent undesirable impacts to property owners. These two issues are discussed in the last
two bullet points below.
• The State and .FEMA have identified an oversight in the State's "model" ordinance which did not
include within the duties of the Floodplain Administrator, that the County will provide FEMA
with information that could potentially change the floodplain designatioxi or flood elervation.
Federal Code Chapter 44CFR65.3 requires that this technical data be submitted within SIX months
of the Floodplan Administrator becoming aware of it, so that provision has been added into
Section 4.B. (Dues and Responsibilities of the Floodplain Administrator) of the FDPO.
• The State strongly recommends that the "substantial improvement" definition be revised to
remove the word "cumulative" so as to not create any misunderstanding with FEMA on whether
or not Collier County has a cumulative impact provision in its FDPO that would necessitate
defining a time frame for the cumulative assessment. The requested revision has been made in
Section 23. (Definitions) of the FI>PO.
• The FDPO will also add an acronym for the Code of Federal Regulations (CFR).
• Definitions for.the terms "compensatory storage" and "stemwall foundation" have ban added
into Section 23. (Definitions) of the FDPO to address items added in the de > minbnw criteria as
discussed in the next bulleted point.
• De minimus criteria for certain types of construction impacts within the floodplain have been
moved from Section 5.B. (Specific Standards) where they dealt only with area within waterways
(i.e. inland AE flood zones) and now placed in Section 5.A. (General Standards) where they will
apply to the entire floodplain or SFHA. Additional de minimm criteria was :a tided to allow for the
use of ste orwall construction without requiring the stemwalled area to be part of a compensatory
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1/24/2012 Item 17.E.
storage requirement as would be enforced under Ordinance 08 -10 which has been incorporated
into the Land Development Code section 3.07.
The development community will be impacted by the FDPO. in regards to the lgpZ0W date of their
development orders or bedding permits and ad the MhMon submittal dente (reface the FDPO
definitions for `new coon" and "start of constriction'). An ordinance adoption process involves
public noticing requits which, should give the development community time to address the flood
zonetelevation impacts within their applications. However, the County Manager and staff want to give
applicants ample notification of the coming changes. It is proposed to specify a specific effective date in
the FDPO instead of ;just using the date the - ordinance is recorded with the Secretary of State. The
proposed ordinance with the noted changes is attached to this executive summary.
On January 13, 2012, the State of Florida_ Floodplam Management office submitted a notice to counties
and cities that with the upcoming changes in the 2010 Florida Building Code which becomes effective on
March 15, 2012, all FDPOs will have to be repealed and replaced with a new FDPO that is compatible
with the 201.0 Florida Building Code. The State is still working to finalize a new "model' ordinance, and
they anticipate having that available by the end of January 2012. With the Board's direction, the County
Manager, or designee, will work with the County Attorney to begin the process of developing a new
FDPO compatible with the 2010 Florida Building Code and bring the new ordinance to the Board for
future consideration and direction to advertise.
FiSC � , =AM:, The fiscal impact is expected to be less than $500 for advertising costs which are
available within the current budget.
CONS
EGA R,t , NS: This item is legally, sufficient and requires a majority vote for Board
approval. -JBW
GROWTH ANe91MM EMPACT. The FEMA DFIRM does not directly change the Growth
Management Plan and therefore has no impact.
RFC MAKN„ _AUM That the Board of County Commissioners:
1.) Adopt an ordinance amending the Flood Damage Prevention Ordinance (Ordinance No. 2011 -07)
:with an effective date of March 30, 2012, and authorize the chairman to sign the adopted ordinance; and
2.) Directthe, County Manager, or his designee, to develop and advertise a new FDPO in compliance
with the 2010 Florida Building Code, and bring it to the Board for future consideration and direction to
advertise.
Prepared By. Robert C. Wiley, P.E., CFM, Principal Project Manager
Land Development Services
Growth Management Division
Attachments: Ordinance No. 2011 -07
Ordinance No. 2012-
Letter of Final Determination, dated ,November 16, 2011
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E.
1/24/2012 Item 17.E.
Item Summary: Recommendation to adopt an amendment to Ordinance No. 2011 -07, the
Flood Damage Prevention Ordinance (FDPO) with an effective date of March 30, 2012.
Meeting Date: 1/24/2012
Prepared By
Name: WileyRobert
Title: Project Manager, Principal,Engineering & Environme
12/22/2011 11:48:06 AM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 12/27/2011 11:49:07 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 12/28/2011 11:54:01 AM
Name: FrenchJames
Title: Manager - CDES Operations,Operations & Regulatory Management
Date: 1/4/2012 6:20:03 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/5/2012 10:17:41 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/5/2012 11:22:43 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/9/2012 10:44:24 AM
Packet Page -2420-
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/13/2012 8:21:49 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/17/2012 1:23:32 PM
Name: OchsLeo
Title: County Manager
Date: 1/17/2012 5:32:34 PM
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1/24/2012 Item 17.E.
1/24/2012 Item 17.E.
,rye"
V.,Z�NN�
ORDINANCE NO. 2011- 0 7
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS- OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 866-28,
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, IN
ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF
FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE;
PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR 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 -28, which was subsequently amended by Ordinance Nos. 87 -80, 90-
31, and 2005 -51; and
WHEREAS, the Board desires to replace, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the
State of Florida Model Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE, AND OBJECTIVES.
A. STATUTORY AUTHORIZATION.
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
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1/24/2012 Item 17.E.
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 stones 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 use-S.-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;
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1/24/2012 Item 17.E.
(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: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
BFE
Base flood elevation
CCCL
Coastal Construction Control Line
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.
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1/24/2012 Item 17.E.
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.. To qualify as an Area of shallow flooding, the source of the Flood
water is rainfall and not coastal surge.
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) n 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. §
1 61.053, 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.
Cosmetic repair means the cleaning, sanitizing and resurfacing (e.g. sanding, repair of
joints, repainting) of a Flood damage - resistant material.
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1/24/2012 Item 17.E.
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. Not every Development Permit is required to be reviewed under this
Ordinance. Such determination will be made by the Floodplain Administrator using the
standards set forth in Section Four of this Ordinance.
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 axed (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:
(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.
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1/24/2012 item 17.E.
(3) Mudslides (i.e., mudflows) which are proximately caused by Flooding as defined n
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 means 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 ").
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing Flood damage and preserving and enhancing, where
possible, natural resources in the Floodplain, including but not limited to emergency
preparedness plans, Flood controls works, Floodplain management regulations, and open
space plans.
Floodplain Administrator is the individual appointed to administer and enforce the
Floodplain management regulations of the community. That individual is the County
Manager, or his 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.
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
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1/24/2012 Item 17.E.
^ 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
theBFE, 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 warning 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.
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.
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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 as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship
repair. The term does not include long -tern storage, manufacture, sales, or service
facilities.
Hardship as related to Variances from this Ordinance means the exceptional Hardship n
associated with the land that would result from a failure to grant the requested Variance.
The community requires that the Variance is exceptional, unusual, and peculiar to the
property involved. Mere economic or financial Hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
Hardship. All of these problems can be resolved through other means without granting a
Variance, even if the alternative is more expensive, or requires the property owner to build
elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
the Start of construction, next to the proposed walls of a Structure.
Historic Structure means any Structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register:
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic or a district preliminarily determined
by the Secretary to qualify as a registered historic district:
c) Individually listed on the Florida inventory of historic places which has been approved
by the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
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1/24/2012 Item 17.E.
^ 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 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
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.
Packet Page -2430-
1/24/2012 Item 17.E.
New construction means, for Floodplain management purposes, any Structures for
which the Start of construction commenced on or after September 4, 1979. The tern 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.
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
Packet Page -2431-
1/24/2012 item 17.E.
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.
Stillwater flood elevation (SWEL) means the Flood level resulting from astronomical
tides and storm surge Flooding during a projected I - percent - annual - chance Flood, or Base
flood. The SWEL does not include wind driven waves which ride on top of the SWEL.
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.
Packet Page -2432-
1/24/2012 Item 17.E.
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 tern 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, n
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
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. n
Packet Page -2433-
1/24/2012 Item 17.E.
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
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.
Packet Page -2434-
1/24/2012 Item 17.E.
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 I- percent annual chance
Floodplain but within the 0.2- percent annual chance Floodplain, and
• Zone X (Unshaded) which represents the area outside of the 0.2- percent annual
chance Floodplain.
Zone VE means the Flood insurance rate zone for Coastal high hazard areas where wave
action and/or high - velocity water can cause structural damage during the Base flood. They
are subdivided into elevation zones with BFEs assigned. Mandatory Flood insurance
purchase requirements apply.
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and
Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated
Areas, dated November 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, 4`h Floor, Naples, FL
34112.
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.
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.
Packet Page -2435-
1/24/2012 Item 17.E.
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.
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:
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1/24/2012 Item 17.E.
(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:
n
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
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:
Packet Page -2437-
1/24/2012 Item 17.E.
(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;
(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
Packet Page -2438-
1/24/2012 Item 17.E.
(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.
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 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;
(3) New construction or 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, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the-
top or frame ties to ground anchors. This standard shall be in 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;
Packet Page -2439-
1/24/2012 Item 17.E.
(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):
(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):
Packet Page -2440-
1/24/2012 Item 17.E.
(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 -
supporting Breakaway walls that meet the standards of SECTION FIVE, E (6) of this
Ordinance.
(16) Building Floor and Slab Minimum Elevations for all areas of Collier County
(a) Plans shall show that construction of the lowest finished floor meets the elevation
criteria listed below or engineered properly to a site specific design and certified
by a Registered architect or Professional engineer; when conflict exists between
the FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Rate Maps (FIRM).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
Packet Page -2441-
1/24/2012 Item 17.E.
�-. iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise
unfinished, or
iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet
in relation to NAVD of 1988 or
v. Water Management Design-
1. Buildings with projects which have water management routing and
storage facilities designed and built for a 25 year, 3 day storm event in
accordance with South Florida Water Management District's criteria may
use a finished floor elevation in accordance with the project's water
management designed 100 year zero discharge elevation or the FIRM
elevation, whichever is higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water Management District's criteria shall use a
finished floor elevation of 18 inches above the adjacent roadway crown
elevation or the FIRM elevation, whichever is higher.
b. On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the finished floor elevation. All requests will require an
analysis, by a Professional engineer, of the 25 year, three (3) day storm event
and the 100 year, 3 day storm event using zero discharge, for the entire discharge,
for the entire drainage basin in which the proposed Structure is located.
Reductions may be allowed on the basis of the analysis, but in no case shall the
finish floor be less than the FIRM.
c. Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction or Substantial improvement of any
residential Building (including Manufactured home) shall have the lowest floor,
including Basement, elevated to no lower than the BFE. Should solid foundation
perimeter walls be used to elevate a Structure, there must be a minimum of two
openings on different sides of each enclosed area sufficient to facilitate automatic
equalization of Flood hydrostatic forces in accordance with standards of SECTION
FIVE, B (3).
(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
Packet Page -2442-
1/24/2012 Item W.E.
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. f 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
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; n
(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
A 1 -30, AH, and AE, on sites:
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1/24/2012 Item 17.E.
(i) outside of an Existing manufactured home park or subdivision;
(ii) in a New manufactured home park or subdivision;
(iii) in an Expansion to an existing manufactured home park or
subdivision; or
(iv) in an Existing manufactured home park or subdivision on which a
Manufactured home has incurred "Substantial damage" as the result of
a Flood,
the Lowest floor 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
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1/24/2012 Item 17.E.
(iii) Meet all the requirements for New construction, including anchoring and n
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
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.
(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
those set forth in SECTION FIVE, B through Provisions, in addition to
1
() gh (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.
(c) Collier County considers the following activities as de minimus impact for
Development activity within a Waterway:
• Construction of a Watercourse crossing (bridge, culvert, weir, etc.) with the
Professional engineer's signed and sealed plans and calculations
demonstrating less than 0.05 feet of vertical hydraulic head loss for the 1-
percent annual chance storm event design flow of the Watercourse, or
• Placement of fill within a Waterway, but outside of a Watercourse, for
construction of a single lane access driveway or n
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1/24/2012 Item 17.E.
^ • Placement of fill within a Waterway, but .outside of a Watercourse, for
construction of an onsite sewage treatment and disposal system designed to
meet the minimum requirements of the Florida Department of Environmental
Protection regulations (Chapter 64E -6 Florida Administrative Code).
(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 elevation established by the Florida Department of Environmental
Protection or by FEMA in accordance with SECTION THREE, B, whichever is higher.
All non - elevation design requirements of SECTION FIVE, B, shall apply.
(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 Iocated on the
same parcel. Uses identified elsewhere in this Ordinance are not accessory uses.
(a) Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking, or restroom areas).
(b) Accessory structures shall be designed to have low Flood damage potential (wet
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 to relieve hydrostatic pressure during a 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:
(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
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1/24/2012 Item 17.E.
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.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department
of Community Affairs - NFIP Coordinating Office, and the South Florida Water
Management District prior to any alteration or relocation of a Watercourse, and submit
copies of such notifications to FEMA.
(5) Assure that the Flood carrying capacity within the altered or relocated portion of any
Watercourse is maintained.
(6) Manufactured homes shall be installed using methods and practices that minimize
Flood damage. They must be elevated and anchored to prevent flotation, collapse, and
lateral movement. Methods of anchoring may include, but are not limited to, use of
over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable State of Florida and local anchoring requirements for resisting wind forces.
(7) When the data is not available from any source, 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 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).
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1/24/2012 Item 17.E.
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:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B (7)),
C, and D.
(2) All New construction and Substantial improvements in Zones V1 —V30, VE, and V
(with BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member. of the Lowest floor
(excluding the pilings or columns) is elevated to no lower than the 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
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
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1/24/2012 Item W.E.
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.
(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 unless it has been
demonstrated through appropriate engineering analyses that the subject fill does not
cause any adverse impacts to the Structure on site or other properties.
(8) Prohibit man-made alteration of Sand dunes and Mangrove stands that would
increase potential Flood damage.
(9) Standards for Manufactured Homes:
(a) All Manufactured homes to be placed or substantially improved on sites: (i)
Outside a Manufactured home park or subdivision, (ii) In a New manufactured
home park or subdivision, (iii) In an Expansion to an existing manufactured
home park or subdivision, or, (iv) In an Existing manufactured home park or
subdivision in which a Manufactured home has incurred "Substantial damage"
as the result of a Flood, must meet the standards of SECTION FIVE, 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, V1 —V30, V (with BFE) on the
FIRM either
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1/24/2012 Item 17.E.
(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
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.
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1/24/2012 Item 17.E.
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.
(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 maybe 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;
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1/24/2012 Item 17.E.
(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.
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:
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1/24/2012 Item 17.E.
a) A showing of good and sufficient cause; 1*0"*N
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.
(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 lowest habitable floor elevation below the
BFE the cost of Flood insurance will be commensurate with the increased risk resulting
from the reduced lowest 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 reconstruction, rehabilitation or restoration of Structures
listed on the National Register of Historic Places or the state inventory of historic places,
without regard to the procedures set forth in this Section.
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.
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1/24/2012 Item 17.E.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: REPEAL OF ORDINANCE NO. 86-28, AS AMENDED.
This Ordinance hereby repeals all portions of Ordinance No. 86 -28 and all amendments thereto.
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this I t tlay of W ayti JA, , 2011.
BOARD OF COUNTY COMMISSIONERS
DWC31 I` ,':�LERK COLLIER COUNTY, FLORIDA
9.. B-- �.
Y• y :.
Jerk
FRED W. COYLE, CHAIRMQq
Approved as to form
and legal sufficiency:
lTzz\��
Jenni er B. White
Assistant County Attorney
Packet Page -2454-
STATE OF FLORIDA)
COUNTY OF COLLIER)
1/24/2012 Item 17.E.
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011 -06
Which was adopted by the Board of County Commissioners
on the 8th day of March, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of March, 2011.
DWIGHT E. BROCK ,;,�;,,,
Clerk of Court
.gift3.C���rk
Ex-of ficio'gz`rcl
County Comfs
,, t; r•,: :fit
c
By: Martha V4
Deputy Clerk • ��
5,
Packet Page -2455-
1/24/2012 Item 17.E.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2011 -07, RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, "ACRONYMS AND DEFINITIONS,"
SECTION THREE, "GENERAL PROVISIONS," SECTION FOUR,
"ADMINISTRATION," AND SECTION FIVE, "PROVISIONS FOR
FLOOD HAZARD REDUCTION," IN ORDER TO ADOPT, TO THE
EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET
FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE, ADDRESS THE SUFFICIENCY
FINDINGS OF THE STATE OF FLORIDA FLOODPLAIN
MANAGEMENT OFFICE, AND IDENTIFY DE MINIMUS IMPACT
ACTIVITIES WITHIN THE SPECIAL FLOOD HAZARD AREA;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including flood damage prevention
ordinances; and
WHEREAS, on March 8, 2011, the Board adopted Ordinance No. 2011 -07, which
Ordinance repealed and superseded prior ordinances relating to Flood Damage Prevention; and
WHEREAS, the Board desires to amend Ordinance No. 2011 -07, by adopting, to the
extent applicable, regulations and policies set forth in the State of Florida Model Flood Damage
Prevention Ordinance, addressing sufficiency findings of the State of Florida Floodplain
Management Office, and identifying de minimus impact activities within the special flood hazard
area.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2011-07.
Section Two is hereby amended as follows:
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
BFE Base flood elevation
Words Underlined are added; Words L-& pwe� are deleted.
Page 1 of 7
Packet Page -2456-
CCCL
CFR
FEMA
FIRM
FIS
NAVD
NFIP
NGVD
SFHA
S WEL
WSWT
B. DEF NITIONS
Coastal Construction Control Line
Code of Fed2MLReaulations
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
1/24/2012 Item 17.E.
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
Compensatory storage means the volume of water storage provided to replace the volume of
water displaced by construction activity within the designated floodplain The volume is
calculated for the vertical distance between the WSWT and the BFE.
Stemwall foundation means a concrete or masonry wall extendin from the footing to above
gmde or base flood elevation The enclosed area within the vertical walls is filled with
compacted material and slab poured over fill and vertical wall
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a Structure, the cost of which equals or exceeds 50 percent of the
Market value of the Structure before the "Start of construction" of the improvement. This
term includes Structures that have incurred "Substantial damage" regardless of the actual
repair work performed. This term does not however, include any repair or improvement of a
Structure to correct existing Violations of State of Florida or local health, sanitary, or safety
code specifications, which have been identified by the local code enforcement official prior to
the application for permit for improvement, and which are the minimum necessary to assure
safe living conditions. This term does not include any alteration of a Historic structure
provided that the alteration will not preclude the Structure's continued designation as a
Historic structure.
Words Underlined are added; Words Swaslc 449Hg are deleted.
Page 2 of 7
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1/24/2012 Item 17.E.
SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07.
Section Three is hereby amended as follows:
SECTION THREE: GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and
Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated
Areas, dated NeVembw— —, 20" May 16, 2012, with the accompanying maps and other
supporting data, are adopted by reference and declared to be a part of this Ordinance. The
FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners
located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4`h Floor,
Naples, FL 34112.
SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07.
Section Four is hereby amended as follows:
SECTION FOUR: ADMINISTRATION.
A. PERMIT PROCEDURES.
Application for a Development Permit shall be reviewed by the Floodplain Administrator
on forms furnished by him or her prior to any Development activities, and may include, but
not be limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed Structures, earthen
fill, storage of materials or equipment, drainage facilities, and the location of the foregoing.
B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has
supervisory and assigned responsible charge, shall include, but not be limited to:
Words Underlined are added; Words &#u& -Pwet& are deleted.
Page 3 of 7
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1/24/2012 Item 17.E.
(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 bv_
subnnttin¢ technical or scientific data in accordance with 44 CFR 65.3.
SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS.
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(16) Building Floor and Slab Minimum Elevations for all areas of Collier County
(a) Plans shall show that construction of the lowest finished floor meets the elevation
criteria listed below or engineered properly to a site specific design and certified by a
Registered architect or Professional engineer; when conflict exists between the
FIRM Elevation and others, the higher elevation shall be required:
i. FIRM Elevation - the elevation that has been established by the Flood
Insurance Rate Maps (FIRM).
ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route, a minimum of 18 inches above the crown of the nearest side street; or
iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise
unfinished, or
iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in
relation to NAVD of 1988 or
v. Water Management Design-
1. Buildings with projects which have water management routing and storage
facilities designed and built for a 25 year, 3 day storm event in accordance
with South Florida Water Management District's criteria may use a finished
floor elevation in accordance with the project's water management designed
100 year zero discharge elevation or the FIRM elevation, whichever is
higher.
2. Buildings which are not within projects having water management storage
facilities designed and built for a 25 year, 3 day storm event in accordance
Words Underlined are added; Words Theogh are deleted.
Page 4 of 7
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1/24/2012 Item 17.E.
with South Florida Water Management District's criteria shall use a finished
floor elevation of 18 inches above the adjacent roadway crown elevation or
the FIRM elevation, whichever is higher.
b. On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the finished floor elevation. All requests will require an
analysis, by a Professional engineer, of the 25 year, three (3) day storm event and
the 100 year, 3 day storm event using zero discharge, for the entire discharge, for
the entire drainage basin in which the proposed Structure is located. Reductions
may be allowed on the basis of the analysis, but in no case shall the finish floor be
less than the FIRM.
c. Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
(17) Collier County considers the following activities as de minimus impact for
Development activity within the SFHA and does not require the additional analysis
for floodnlam elevation rise nm)act or compensatory storage:
i. Construction of a Watercourse crossing (bridge culvert, weir, etc) with the
Professional engineer's signed and sealed plans and calculations demonstrating
less than 0.05 feet of vertical hydraulic head loss for the 1 percent annual
chance storm event design flow of the Watercourse or
ii. Placement of fill within the SFHA but outside of a Watercourse for
construction of a structure's stemwall foundation with fill placement being
limited to the.interior of the stemwall and the size of the structure limited to the
lot coverage allowance in Ordinance No.- 04 -41 as amended the Collier County
Land Development Code or
iii. Placement of fill within the SFHA but outside of a Watercourse for
construction of a single lane access driveway, or
iv. Placement of fill within the SF A but outside of a Watercourse for
construction of an onsite sewage treatment and disposal system designed to
meet the minimum requirements of the Florida Department of Environmental
Protection regulations (Chanter 64E -6 Florida Administrative Code)
B. SPECIFIC STANDARDS.
In all A -Zones where BFE data have been provided [Zones AE, Al -30, A (with BFE), and
AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction or Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest
floor, including Basement, elevated to no lower than the BFE. Should solid
foundation perimeter walls be used to elevate a Structure, there must be a
minimum of two openings on different sides of each enclosed area sufficient to
facilitate automatic equalization of Flood hydrostatic forces in accordance with
standards of SECTION FIVE, B (3).
Words Underlined are added, Words ask Pmugk are deleted.
Page 5 of 7
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1/24/2012 Item 17.E.
(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.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
Words Underlined are added; Words g._ T�
�-�� are deleted.
Page 6 of 7
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. _ _
MOTT=
WAR
-
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
Words Underlined are added; Words g._ T�
�-�� are deleted.
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1/24/2012 Item 17.E.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State or
March 30, 2012, whichever is later.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
l oz�
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Words Underlined are added, Words S mak -:14etgt are deleted.
Pace 7 of 7
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1/24/2012 Item 17.E.
°rt Federal Emergency Management Agency
Washington, D.C. 20472
�9NB SEA'
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED 19P -A
November 16, 2011
Mr. Leo Ochs
County Manager, Collier County
3301 East Tamiami Trail
Naples, Florida 34112
Dear Mr. Ochs:
Community: Collier County, Florida
Community No.: 120067
Map Panels Affected: See FIRM Index
This is to formally notify you of the final flood elevation determination for the Unincorporated Areas of
Collier County, Florida, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal
Regulations (CFR). This section requires that notice of final flood elevations shall be sent to the Chief
Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and
shall be published in the Federal Register.
On November 17, 2005, the Department of Homeland Security's Federal Emergency Management
Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard
Areas (SFHAs), the areas subject to inundation by the base (1- percent - annual- chance) flood, in your
community. Recently, FEMA completed a re- evaluation of flood hazards in your community. On
July 12, 2010, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) report
and FIRM that identify existing flood hazards in your community, including Base Flood Elevations
(BFEs). The proposed BFEs for your community were published in the Naples Daily News on
October 29, 2010, and November 5, 2010, and in the Federal Register, at Part 67, Volume 75, Page
62752 on October 13, 2010.
The statutory 90 -day appeal period, which was initiated on the second newspaper publication date cited
above, has ended. The proposed BFEs for your community were appealed during that time. All technical
data submitted in support of the appeal have been evaluated, and the appeal has been resolved.
Accordingly, the BFEs for your community are considered final. The final rule for BFEs will be
published in the Federal Register as soon as possible. The FIRM for your community will become
effective on May 16, 2012. Before the effective date, FEMA will send you final printed copies of the FIS
report and FIRM.
Because the FIS report establishing the BFEs for your community has been completed, certain additional
requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended,
within 6 months from the date of this letter. Prior to May 16, 2012, your community is required, as a
condition of continued eligibility in the National Flood Insurance Program (NF1P), to adopt or show
evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e)
of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the
minimum requirements and do not supersede any State or local requirements of a more stringent nature.
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1/24/2012 Item 17.E.
2
It must be emphasized that all the standards specified in Paragraph 60.3(e) of the NFIP regulations must
be enacted in a legally enforceable document. This includes adoption of the current effective FIS report
and FIRM to which the regulations apply and other modifications made by this map revision. Some of
the standards should already have been enacted by your community in order to establish initial eligibility
in the NFIP. Your community can meet any additional requirements by taking one of the following
actions:
1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(e);
2. Adopting all the standards of Paragraph 60.3(e) into one new, comprehensive set of regulations;
or
3. Showing evidence that regulations have previously been adopted that meet or exceed the
minimum requirements of Paragraph 60.3(e).
Communities that fail to enact the necessary floodplain management regulations will be suspended from
participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster
Protection Act of 1973 (Public Law 93 -234) as amended.
In addition to your community using the FIS report and FIRM to manage development in the floodplain,
FEMA will use the FIS report and FIRM to establish appropriate flood insurance rates. On the effective
date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and
substantial improvements to existing structures located in the identified SFHAs. These rates may be
higher if structures are not built in compliance with the floodplain management standards of the NFIP.
The actuarial flood insurance rates increase as the lowest elevations (including basement) of new
structures decrease in relation to the BFEs established for your community. This is an important
consideration for new construction because building at a higher elevation can greatly reduce the cost of
flood insurance.
To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions
to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment
(LOMAs), Letters of Map Revision (LOMRs)) that will be superseded when the revised FIRM panels
referenced above become effective. Information on LOMCs is presented in the following
four categories: (1) LOMCs for which results have been included on the revised FIRM panels;
(2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations
or because the LOMC issued had determined that the lots or structures involved were outside the SFHA
as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels
because the flood hazard information on which the original determinations were based are being
superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where
the determination for one or more of the lots or structures cannot be revalidated through an administrative
process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single
letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community
shortly before the effective date of the revised FIRM and will become effective 1 day after the revised
FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously
submitted for the LOMA or LOMR request and issue a new determination for the affected properties after
the revised FIRM becomes effective.
The FIRM panels have been computer- generated. Once the FIRM and FIS report are printed and
.-� distributed, the digital files containing the flood hazard data for the entire county can be provided to your
community for use in a computer mapping system These files can be used in conjunction with other
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1/24/2012 Item 17.E.
thematic data for floodplain management p g purposes, insurance purchase and rating requirements, and
many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be
obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1- 877 -FEMA MAP
(1 -877- 336 - 2627). In addition, your community may be eligible for additional credits under our
Community Rating System if you implement your activities using digital mapping files.
If your community is encountering difficulties in enacting the necessary floodplain management measures
required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and
Mitigation Division of FEMA in Atlanta, Georgia, at (770) 220 -5400 for assistance. If you have any
questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our
FMIX at the toll free number shown above. Additional information and resources your community may
find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance
Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance
Program, Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on
Existing Structure, Use of Flood Insurance Study (FIS) Data as Available Data, and National Flood
Insurance Program Elevation Certificate and Instructions, can be found on our website at
htti)://www.floodmaps ..fema.jzov/lfd. Paper copies of these documents may also be obtained by calling
our FMIX.
Sincerely,
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Enclosure:
Final Summary of Map Actions
cc: Community Map Repository
Nick Casalanguida, Deputy Administrator Growth Management Division
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bcc: State Coordinator
1/24/2012 Item 17.E.
Regional Director RIV -MT
MBJ Project File
FEDD File
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1/24/2012 Item 17.E.
-24D N Wednesday, January 11, 2012 N N A P LE S DA I LY N E W$
NOTICE OF INTENT TO CONSIDER- ORDINANCE
Notice is here given that on January 24, 2012 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, -Naples, Florida, the Board •Doff County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9 :00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF. THE BOARD OF .,COUNTY. COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE. NO. 2011 -07, RELATING TO FLOOD
DAMAGE PREVENTION BY AMENDING SECTION TWO, 'ACRONYMS AND
DEFINITIONS," SECTION THREE; 'GENERAL PROVISIONS,- SECTION FOUR, .
'ADMINISTRATION," AND SECTION FIVE, 'PROVISIONS FOR FLOOD HAZARD
REDUCTION,' IN ORDER TO ADOPT, TO. THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET. FORTH IN THE STATE OF FLORIDA MODEL FLOOD
DAMAGE PREVENTION ORDINANCE, ADDRESS THE SUFFICIENCY FINDINGS. OF THE
STATE OF FLORIDA FLOODPLAIN MANAGEMENT OFFICE, AND IDENTIFY, DE
MINIMUS wwr ACTIVITIES WITHIN THE SPECIAL FLOOD HAZARD AREA;
PROVIDING : FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE,OF LAWS AND ORDINANCE5; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection: All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda Item must register with the
Courrty administrator . prior . to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The _selection of an
Individual to .speak on behalf of an .organization or . group is encouraged. If
recognized bX the Chairman, a spokesperson for a group or organization may be
allotted 10 mnutes to speak on an item.
Persons wishing to have written or graphic materials included in the. Board agenda
packets muss submit said material a minimum of 3 -weeks prior to the ective
public hearing. In any case,. written materials intended to be considered W the
Board shall lie'submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a .decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim .record of the -proceedings is made, which record includes the testimony
and evidence upon which the appeal is based. .
l y'ou are. a person with disability who needs any accommodation In order sto
participate in this proceeding, you are ,entitled, at no cost to .you to the. provision
of certain assistance. Please -contact the Collier County ; Fadl les Management
Department, •located .at.3335 Tamiamf Trail East,. Bulldigg W, Napes; Florida 341.12,
(239). 252.8380: Assisted listening devices for the hearing Impaired are available in
the County Commissionere Office.
BOARD OF COUNTY COMMISSIONERS
' COLLIER COUNTY, FLORIDA.
FRED W; COYLE, CHAIRMAN
DWIGHT E. BROOK, CLERK
By: Martha Vergara, Deputy Clerk
Jim uarv.l 1.2012' (SEAL) .
Ne f i ;290ae
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