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Backup Documents 01/24/2012 Item # 8CCOLLIER COUNTY FLORIDA 8C REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ❑ Normal legal Advertisement ® Other: Legal Ad for Ordinance (Display Adv., location, etc.) Originating Dept/ Div: Land Development Services /Growth Management Division -- Planning and Regulation Person: Robert Wiley Date: 12 -27 -11 Petition No. (If none, give brief description): Flood Damage Prevention Ordinance Amendment Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before ® BCC ❑ BLA ❑ Other ( ) Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 1 -24 -12 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): See Ordinance document Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: P.O. 4500131152 *6,%W/-M3 Revie ed by: fZ- 2.7- Z.c;t( D' on Administr or or signee Date List Attachments: Flood Damage Prevention Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ® County Manager agenda file: to ® Requesting Division Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFLCE USE ON Y: Date Received: Z Date of Public hearing: l L Date Advertised: i ORDINANCE NO. 2012 - 8 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 Stm� are deleted. Page 1 of 7 CCCL Coastal Construction Control Line 8C CFR Code of Federal Regulations FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Study NAVD North American Vertical Datum NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum SFHA Area of special flood hazard or Special flood hazard area SWEL Stillwater flood elevation WSWT Wet season water table B. DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only applicable to this Ordinance and do not supersede any other Land Development Code definitions 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 extending from the footing to above grade or base flood elevation The enclosed area within the vertical walls is filled with compacted material and slab poured over fill and vertical wall Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a Structure, the euative 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 94v&-Threugh are deleted. Page 2 of 7 SECTION TW 8 C O. AMENDMENT TO SECTION THREE OF ORDINANCE N0.2011 -07. Section Three is hereby amended as follows: SECTION THREE: GENERAL PROVISIONS. A. LANDS TO WHICH THIS ORDINANCE APPLIES. This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the jurisdiction of the Board of County Commissioners of Collier County, Florida B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November- 17, 2005 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, 01 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 9#Uek-T4ff6u& are deleted. Page 3 of 7 8C (13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the emergency deployment of Temporary housing supported by FEMA, Florida Division of Emergency Management and Collier County Emergency Management and its designees. (14) As soon as practicable but not later than six months after the date such information becomes available, notify FEMA of physical changes affecting flooding conditions by submitting technical or scientific data in accordance with 44 CFR 65.3. SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07. Section Five is hereby amended as follows: SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS. In all SFHA, all Development sites including New construction and Substantial improvements shall be Reasonably safe from Flooding by meeting the following provisions: (16) Building Floor and Slab Minimum Elevations for all areas of Collier County (a) Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by a Registered architect or Professional engineer; when conflict exists between the FIRM Elevation and others, the higher elevation shall be required: i. FIRM Elevation - the elevation that has been established by the Flood Insurance Rate Maps (FIRM). ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or interior finished roadway system if finished with paving; in the event that the nearest street or interior finished roadway system is located on an evacuation route, a minimum of 18 inches above the crown of the nearest side street; or iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise unfinished, or iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 or v. Water Management Design - 1. Buildings with projects which have water management routing and storage facilities designed and built for a 25 year, 3 day storm event in accordance with South Florida Water Management District's criteria may use a finished floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. 2. Buildings which are not within projects having water management storage facilities designed and built for a 25 year, 3 day storm event in accordance Words Underlined are added; Words 94Usk-ThFeu0 are deleted. Page 4 of 7 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 floodplain elevation rise impact or compensatory storage: i. Construction of a Watercourse crossing (bridge culvert weir, etc) with the Professional engineer's signed and sealed plans and calculations demonstratinn less than 0.05 feet of vertical hydraulic head loss for the 1- percent annual chance storm event design flow of the Watercourse or ii. Placement of fill within the SFHA but outside of a Watercourse for construction of a structure's stemwall foundation with fill placement being limited to the interior of the stemwall and the size of the structure limited to the lot coverage allowance in Ordinance No 04 -41 as amended the Collier County Land Development Code or iii. Placement of fill within the SFHA but outside of a Watercourse for construction of a single lane access driveway, or iv. Placement of fill within the SFHA but outside of a Watercourse for construction of an onsite sewage treatment and disposal system designed to meet the minimum requirements of the Florida Department of Environmental Protection regulations (Chapter 64E -6 Florida Administrative Code) B. SPECIFIC STANDARDS. In all A -Zones where BFE data have been provided [Zones AE, 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 84uok -P#enh are deleted. Page 5 of 7 8C (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 StFuck Thfougk are deleted. Page 6 of 7 - - NOW- - -- 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 StFuck Thfougk are deleted. Page 6 of 7 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 am , Deputy Clerk Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : FRED W. COYLE, CHAIRMAN Words Underlined are added; Words 84U&44o� are deleted. Page 7 of 7 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS �.. To: Clerk to the Board: Please place the following as a: 8C ❑ Normal legal Advertisement ® Other: Legal Ad for Ordinance (Display Adv., location, etc.) Originating Dept/ Div: Land Development Services /Growth Management Division -- Planning and Regulation Person: Robert Wiley Date: 12 -27 -11 Petition No. (If none, give brief description): Flood Damage Prevention Ordinance Amendment Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before ® BCC ❑ BZA ❑ Other ( ) Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 1 -24 -12 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): See Ordinance document Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: P.O. 4500131152 Rev ed by: K-P- 0 IZ- 27 -Zc�r( D' on Administr or or signee Date List Attachments: Flood Damage Prevention Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ® County Manager agenda file: to ® Requesting Division Clerk's Office ® Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 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. 1:V I ff. Xv-t is] Z6 / BFE Base flood elevation Words Underlined are added, Words Sviusk-Preugh are deleted. Page 1 of 7 CCCL Coastal Construction Control Line a{ CFR Code of Federal Regulations FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Study NAVD North American Vertical Datum NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum SFHA Area of special flood hazard or Special flood hazard area SWEL Stillwater flood elevation WSWT Wet season water table B. DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only applicable to this Ordinance and do not supersede any other Land Development Code definitions 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 extending from the footing to above grade or base flood elevation. The enclosed area within the vertical walls is filled with compacted material and slab poured over fill and vertical wall. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a Structure, the eun+u4ative 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 Straek Through are deleted. Page 2 of 7 T SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07. Section Three is hereby amended as follows: SECTION THREE: GENERAL PROVISIONS. A. LANDS TO WHICH THIS ORDINANCE APPLIES. This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the jurisdiction of the Board of County Commissioners of Collier County, Florida- B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November- 17, 2005 May 16, 2012, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL 34112. SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07. Section Four is hereby amended as follows: SECTION FOUR: ADMINISTRATION. A. PERMIT PROCEDURES. Application for a Development Permit shall be reviewed by the Floodplain Administrator on forms furnished by him or her prior to any Development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed Structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has supervisory and assigned responsible charge, shall include, but not be limited to: Words Underlined are added; Words Struesk Thfough are deleted. Page 3 of 7 8C (13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the emergency deployment of Temporary housing supported by FEMA, Florida Division of Emergency Management and Collier County Emergency Management and its designees. (14) As soon as practicable, but not later than six months after the date such information becomes available, notify FEMA of physical changes affecting flooding conditions by submitting technical or scientific data in accordance with 44 CFR 65.3. SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07. Section Five is hereby amended as follows: SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS. In all SFHA, all Development sites including New construction and Substantial improvements shall be Reasonably safe from Flooding by meeting the following provisions: (16) Building Floor and Slab Minimum Elevations for all areas of Collier County (a) Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by a Registered architect or Professional engineer; when conflict exists between the FIRM Elevation and others, the higher elevation shall be required: i. FIRM Elevation - the elevation that has been established by the Flood Insurance Rate Maps (FIRM). ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or interior finished roadway system if finished with paving; in the event that the nearest street or interior finished roadway system is located on an evacuation route, a minimum of 18 inches above the crown of the nearest side street; or iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise unfinished, or iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 or v. Water Management Design - l. Buildings with projects which have water management routing and storage facilities designed and built for a 25 year, 3 day storm event in accordance with South Florida Water Management District's criteria may use a finished 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 Struek T-4eugh are deleted. Page 4 of 7 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 anal for floodplain elevation rise impact or compensatory storage: i. Construction of a Watercourse crossing (bridge, culvert, weir, etc.) with the Professional engineer's signed and sealed plans and calculations demonstrating less than 0.05 feet of vertical hydraulic head loss for the 1- percent annual chance storm event design flow of the Watercourse, or ii. Placement of fill within the SFHA but outside of a Watercourse for construction of a structure's stemwall foundation with fill placement being limited to the interior of the stemwall and the size of the structure limited to the lot coverage allowance in Ordinance No. 04 -41, as amended, the Collier County Land Development Code, or iii. Placement of fill within the SFHA but outside of a Watercourse for construction of a single lane access driveway, o r iv. Placement of fill within the SFHA, but outside of a Watercourse, for construction of an onsite sewage treatment and disposal system designed to meet the minimum requirements of the Florida Department of Environmental Protection regulations (Chapter 64E -6 Florida Administrative Code). B. SPECIFIC STANDARDS. In all A -Zones where BFE data have been provided [Zones AE, 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 Struok T are deleted. Page 5 of 7 8C (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. T T T 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 Stmek Thfough are deleted. Page 6 of 7 . ... . ............ . ............ Mu ■ .. _, t.�.. T T T 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 Stmek Thfough are deleted. Page 6 of 7 SECTION SIX: CONFLICT AND SEVERABILITY. !T 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Words Underlined are added; Words Straek-T4eugh are deleted. Page 7 of 7 Acct #068783 December 28, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Flood Damage Prevention Ordinance Amendment Dear Legals: Please advertise the above referenced notice on Wednesday, January 11, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*0* #4500131152 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby 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 of 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 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. 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 County 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 by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the 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. 8 C If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) LUM Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 28, 20119:49 AM To: Naples Daily News Legals Subject: Flood Damage Prevention Ordinance Amendment Attachments: Flood Damage Prevention Ordinance Amendment (1- 24- 12).doc; Flood Damage Prevention Ordinance Amendment (1- 24- 12).doc Legals, Please advertise the following attached ad on Wednesday, January 11, 2012. Please send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Cleric of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara a,collierclerk.com 8C Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> To: Martha S. Vergara Sent: Wednesday, December 28, 20119:54 AM Subject: Read: Flood Damage Prevention Ordinance Amendment Your message To: Subject: Flood Damage Prevention Ordinance Amendment Sent: Wednesday, December 28, 20119:54:23 AM (UTC- 05:00) Eastern Time (US & Canada) was read on Wednesday, December 28, 20119:54:21 AM (UTC- 05:00) Eastern Time (US & Canada). Martha S. Vergara 8C From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, December 28, 20119:54 AM To: Martha S. Vergara Subject: RE: Flood Damage Prevention Ordinance Amendment .00 Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: aareen(@naplesnews.com www.naplesnews.com From: Martha S. Vergara jmai Ito: Martha .VergaraC&colIierclerk.coml Sent: Wednesday, December 28, 20119:49 AM To: Legals NDN Subject: Flood Damage Prevention Ordinance Amendment Legals, Please advertise the following attached ad on Wednesday, January 11, 2012. Please send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara tr,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. P Le Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing hell)desk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ! . it � N ! ■ � � � ; f a ' IM i it • �► i * • i i " : � Ii " IM + � i +11 � N i w it fii. r � i� i � • +� N i�,r r � � � VE1 WE i ! i r ! • # A ! ' $ a IMIA1 g"ttlol:cl its . i iM r • . AV NOT E A11 'Persons, wis.hinq to 5peak.on any a?,en,da, Item must register with'the Indiviyuall Speakerswil be limited to 3 rninutes on any item. The selectiori oi an indivildual io s eak on behalf of an organization or group is encouraged. If recognized by Te Chalirman,,, a spakes,pe,rsoa f6r a group ororganization may be lotted 10 minutes to -sp- " # • # r. # 0. • S t• M 4 r •. ! r M 0, i A 4 O # M • ©, /12g0t) cL D GHT �, RROCK. CLLR Mart hA - -*t.— tt— mow—.,— ;.*e % —.1, 8C ox�� NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on January 24, 2012 in the Boardroom, 3rd Floor, Adlninl ration Building, Collier Coup Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board 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; REATING 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. 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 County 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 by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on anitem. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be,submitted to the appropriate County staff a minimum of seven days Priorto 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 oceedings pertaining thereto and therefore, may need to ensure that a verbatiprm record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. .If - you are a• person with disability who needs any accommodation in order to partidpate in this proceeding, you are entitled, at no cost to you,, to the .pr**on of certain assistance. Please contact the Collier County Facilities Management De partmgnt located,at 3335 Tamiami bail East 'Building W, Naples, Fonda �4Z72, (2355) 2S2- 8380. Assisted listening devices for the hearing impakad are available: in the County Commissioners` Office. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - - - FRED W; COYLE, CHAIRMAN ` DWIGHT E. BROCK RK By: Msrtha Yer9ar'tl. Depu ,�A January 11. 2012 No. t92�raa NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MMLynn Roeller, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 11. 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida-, distributed in Collier and Lee counties of Florida, each day, and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida_ for a period of I year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signatture ofAffian Sworn to and subscribed before me This 12th day of January, 2012 Raw� f Kwiwe (Signature of notary public) `'"V °` KAROL E KANGAS _. �,= Notary Publk " State 01 Florida 's�. A.;F My Comm. Expires Jul 29, 2013 "'';c;or its , Commission # DD 912237 .mn�� I, NOTICE OF.INTENTTO CONSIDER ORDINANCE Notice is hereby given that on January 24, 3012 in the Boardroom, 3rd Floor, Administration Building, Collier Countv_Uovernrr�ent CpMar, 3299 East Tamialni train Napes, Florida, the Board off CouMp' CtlmrNAfibhers 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 -0 7, 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. F400D DAMAGE PREVENTION ORDINANCE, ADDRESS- THE SUFFICIENCY FINDINGS OF THE STATE OF FLORIDA FLOOOPLAIN . 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. 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 County administrator prior to presentation of the agendd Rem, to be addressed. Individual spaakers 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 by the Chairman, a Spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written,, or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing In any case, :written materials intended to .be considered the Board shall'be submitted to the appropriate County staff a mhinimum 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 recc 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. If you arl..a person with disability who needs any 'accommodation in order to panckipata 10 04 tain proceeding,. are entitled, at no cost to you, to the provision of cer assistance: -Pleas contact the Collier County Facilities . Management Departmeht!' located at 3335 Tamiami Trail East Building W, Naples, Florida 34112, (239) 2524:380. Assisted listening devices for the hearing Impaired Are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COW ER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By; Martha Vergara, Deputy Clerk (S Januarv. 11_.2012 ND 1Q EAQ EAL) . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO v THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD -P &R Operations (Initial) c-�5 IJ 2. Jennifer White County Attorney Office Agenda Item Number , 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance °�� ��'` Number of Original 7 pages 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached / 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION �I�y1�z (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Wiley Phone Number 252 -5858 Contact appropri ate. (Initial) Applicable) Agenda Date Item was 1 -24 -12 Agenda Item Number 8C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance °�� ��'` Number of Original 7 pages Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropri ate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's V / signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1 -24 -12 (enter date) and all changes made during the meeting have been incorporated in the attached document. The / County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 8C MEMORANDUM Date: February 9, 2012 To: Robert Wiley, Principal Project Manager Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -06: Amending Flood Damage Prevention Ordinance 2011 -07 and providing an effective date of March 30, 2012 Attached for your records, is a copy of the Ordinance referenced above, (Item #8C) adopted by the Board of County Commissioners on January 24, 2012. I have also included an original Affidavit of Publication from Naples Daily News to confirm that an official public hearing notice was published. If you have any questions, please contact me at 252 -8406. Thank you. Attachment MEMORANDUM Date: February 9, 2012 To: Jeff Klatzkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -06: Amending Ordinance 2011 -07 and providing the effective date March 30, 2012 Attached for your records, is a copy of the Ordinance referenced above, (Item #8C) adopted by the Board of County Commissioners on January 24, 2012. If you have any questions, please contact me at 252 -8406. Thank you. Attachment MEMORANDUM Date: February 9, 2012 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2012 -06: Amending Collier County's Flood Damage Prevention Ordinance 2011 -07 and providing the effective date March 30, 2012 Attached for your records is a copy of the ordinance reference above, adopted by the Collier County Board of County Commissioners on January 24, 2012. If you have any questions, please call me at 252 -8406. Thank you. Attachment 1? ORDINANCE NO. 2012 - 0 6 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 Stfuek Thfougk are deleted. Page 1 of 7 CCCL Coastal Construction Control Line s C CFR Code of Federal Regulations FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FIS Flood Insurance Study NAVD North American Vertical Datum NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum SFHA Area of special flood hazard or Special flood hazard area SWEL Stillwater flood elevation WSWT Wet season water table B. DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only applicable to this Ordinance and do not supersede any other Land Development Code definitions 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 extending from the footing to above grade or base flood elevation. The enclosed area within the vertical walls is filled with compacted material and slab poured over fill and vertical wall. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a Structure, the etimulative 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 £tfuek Thfeugh are deleted. Page 2 of 7 SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07. Section Three is hereby amended as follows: SECTION THREE: GENERAL PROVISIONS. A. LANDS TO WHICH THIS ORDINANCE APPLIES. This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the jurisdiction of the Board of County Commissioners of Collier County, Florida B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November- 17, May 16, 2012, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL 34112. SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07. Section Four is hereby amended as follows: SECTION FOUR: ADMINISTRATION. A. PERMIT PROCEDURES. Application for a Development Permit shall be reviewed by the Floodplain Administrator on forms furnished by him or her prior to any Development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed Structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has supervisory and assigned responsible charge, shall include, but not be limited to: Words Underlined are added; Words Stmok T-4eugh are deleted. Page 3 of 7 T (13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the emergency deployment of Temporary housing supported by FEMA, Florida Division of Emergency Management and Collier County Emergency Management and its designees. (14) As soon as practicable, but not later than six months after the date such information becomes available, notify FEMA of physical changes affecting flooding conditions by submitting technical or scientific data in accordance with 44 CFR 65.3. SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07. Section Five is hereby amended as follows: SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS. In all SFHA, all Development sites including New construction and Substantial improvements shall be Reasonably safe from Flooding by meeting the following provisions: (16) Building Floor and Slab Minimum Elevations for all areas of Collier County (a) Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by a Registered architect or Professional engineer; when conflict exists between the FIRM Elevation and others, the higher elevation shall be required: i. FIRM Elevation - the elevation that has been established by the Flood Insurance Rate Maps (FIRM). ii. Paved Road - a minimum of 18 inches above the crown of the nearest street or interior finished roadway system if finished with paving; in the event that the nearest street or interior finished roadway system is located on an evacuation route, a minimum of 18 inches above the crown of the nearest side street; or iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise unfinished, or iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 or v. Water Management Design - 1. Buildings with projects which have water management routing and storage facilities designed and built for a 25 year, 3 day storm event in accordance with South Florida Water Management District's criteria may use a finished floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. 2. Buildings which are not within projects having water management storage facilities designed and built for a 25 year, 3 day storm event in accordance Words Underlined are added, Words c'Yuek Tl., ough are deleted. Page 4 of 7 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 floodplain elevation rise impact or compensatory storage: i. Construction of a Watercourse crossing (bridge, culvert, weir, etc.) with the Professional engineer's signed and sealed plans and calculations demonstrating less than 0.05 feet of vertical hydraulic head loss for the 1- percent annual chance storm event design flow of the Watercourse, or ii. Placement of fill within the SFHA, but outside of a Watercourse, for construction of a structure's stemwall foundation with fill placement being limited to the interior of the stemwall and the size of the structure limited to the lot coverage allowance in Ordinance No. 04 -41, as amended, the Collier County Land Development Code, or iii. Placement of fill within the SFHA, but outside of a Watercourse, for construction of a single lane access driveway, or iv. Placement of fill within the SFHA, but outside of a Watercourse, for construction of an onsite sewage treatment and disposal system designed to meet the minimum requirements of the Florida Department of Environmental Protection regulations (Chapter 64E -6 Florida Administrative Code). B. SPECIFIC STANDARDS. In all A -Zones where BFE data have been provided [Zones AE, 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 Stme k TL.. atig1. are deleted. Page 5 of 7 10, 8C (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 StmEk Thfough are deleted. Page 6 of 7 a ........... _. oil 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 StmEk Thfough are deleted. Page 6 of 7 %I, 8C 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 73-QnU o 12012. ATTEST: DWIGHT E. BROCI -; 0LXRK"�' .3 Approved as tp ;fort�r .;,;' and legal sufficiency: Jenm r B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Words Underlined are added, Words Stfusk T-fifeugh are deleted. Page 7 of 7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -06 Which was adopted by the Board of County Commissioners on the 24th day of January, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of January, 2012. DWIGHT E. BROC,K-'. Clerk of Courts end Clerk- t, Ex-officio tQ;tiard o; County Commi4�3aOners Q 01 - By: Ann ejohn, Deputy Clerk rein LUM