Agenda 01/08/2019 Item # 9A01/08/2019
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing Ordinance No. 2011-07, as amended, in order to
adopt, to the extent applicable, the regulations and policies set forth in the State of Florida Model
Floodplain Management Ordinance; providing for inclusion in the Code of Laws and Ordinances;
providing for conflict and severability; and providing for an effective date. (This is a companion to
Agenda Item 16.A.1)
OBJECTIVE: To adopt the State’s Model Floodplain Management Ordinance, a companion ordinance
to the Florida Building Code (FBC), modified specifically for Collier County to include additional local
standards. In addition, to repeal the existing Flood Damage Prevention Ordinance, Ordinance No. 2011 -
07.
CONSIDERATIONS:
History of Floodplain Management Ordinance
The Flood Damage Prevention Ordinance was first adopted in 1979 as a requirement to participate in
FEMA’s National Flood Insurance Program (NFIP). Since that time, the County has amended and
updated its Flood Damage Prevention Ordinance to reflect federal, state, and local standards.
In 2010, the FBC adopted the flood-resistant construction standards in the model International Code
Series that form the basis of the FBC. The FBC flood resistant construction standards are also consistent
with minimum NFIP construction standards for structures. The inclusion of the flood provisions created a
more streamlined approach to the design, review, and approval process for structures located in the
special flood hazard area. Beginning in 2010 and in later FBC editions, the FBC adopted higher
regulatory standards - standards beyond the minimum NFIP provisions - with the goal to reduce the risk
of damage to structures from flooding events. However, the County’s Flood Damage Prevention
Ordinance has not been amended to address these higher regulatory standards. This means the standards
for flood-resistant construction are not consistent across codes. This makes it harder for contractors,
developers, and staff to understand and abide by the requirements.
In 2013, the State Floodplain Management Office prepared a “Code Companion Model Floodplain
Management Ordinance.” It was developed to be compatible with the FBC and consistent with NFIP
standards. As such, the model ordinance does not duplicate regulations established in the FBC but rather
provides cross-references to the applicable FBC sections. One large benefit to the model ordinance is that
the County will no longer need to amend its ordinance every time the FBC is updated, typically every
three years. Out of 467 NFIP communities across Florida, 390 have adopted the model ordinance, and the
Florida Division of Emergency Management continues to work with the remaining communities. The
model ordinance was approved by FEMA on January 17, 2013.
Apart from local standards, the model ordinance captures development that is required to be regulated by
the NFIP, but which is not governed by the FBC, such as manufactured homes. Some of the local
standards added to the model ordinance specifically for Collier County, such as the minimum elevation
for residential structures, are in addition to FBC regulations. In some cases, the proposed ordinance
removes higher regulatory standards contained in the current Flood Damage Prevention Ordinance,
including the minimum elevation requirements for detached accessory structures and non -residential farm
buildings located on farms. Staff is proposing to remove these standards because they have proven too
onerous for property owners and do not address flood safety or insurance related issues.
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Overview of local changes to State Model Ordinance
To prepare the model ordinance, the State of Florida Division of Emergency Management, State
Floodplain Management Office hired a flood regulations expert familiar with the flood-resistant
construction standards in the International Code Series and the FBC. After the model ordinance was
approved by FEMA, the flood regulations expert was hired by the State to assist local communities to
incorporate their local standards into the model ordinance and prepare the ordinance for adoption. County
staff worked with the consultant to integrate local standards into the model.
There are several categories of local standards for the County incorporated into the proposed ordinance:
Reduction of existing flood construction requirements for certain structures;
Codifying existing policies;
Introduction of new requirements based on lessons learned from Hurricane Irma and best
practices recommended by the State of Florida Floodplain Management Office and FEMA;
Modifications to existing flood construction requirements or definitions.
In addition, the current Flood Damage Prevention Ordinance establishes that the Board of Zoning
Appeals hear requests for variances and appeals of administrative decisions related to the provisions of
the ordinance. To be consistent with the County’s adopted variance and appeals procedures, it is proposed
the Office of the Hearing Examiner hear the following:
Requests for variances from the strict application of requirements of the ordinance and which are
not requirements of the Florida Building Code; and
Appeals, when it is alleged there, is an error in any requirement, decision, or determination made
by the Floodplain Administrator in the administration and enforcement of this ordinance.
Any individual, including the County, would be able to appeal a Hearing Examiner decision and would be
heard by the Board of Zoning Appeals or the Board of County Commissioners.
For further detailed explanations, please review Attachment 3 which contains strikethrough of text
proposed to be removed from the model ordinance and underlined text proposed to be added to the model
ordinance to produce the proposed ordinance. This document also contains brief explanations of each
proposed change.
At the December 11, 2018 Board meeting, the Board unanimously voted to advertise this item for the
January 8, 2019 meeting.
FMPC RECOMMENDATION: The Floodplain Management Planning Committee recommended
approval of the proposed ordinance on August 8, 2018. The committee requested no changes.
DSAC RECOMMENDATION: The Development Services Advisory Committee-Land Development
Review Subcommittee (DSAC-LDR) recommended approval of the proposed ordinance, subject to
changes to Sec. 62-112 - Enclosures below the lowest floor.
The Development Services Advisory Committee (DSAC) recommended approval of the ordinance on
September 5, 2018, with exception of Section 62-112 - Enclosures below the lowest floor which the
committee conveyed is addressed by the FBC. Alternatively, if the section was brought forward in its
current form, DSAC wished to see the requirements of this section allow for glass entry doors to the
enclosed area. Staff acknowledged this concern, and the proposed language does allow for glass entry
doors.
Additional changes have been made to the ordinance language since DSAC completed its review.
However, none of the changes were significant.
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01/08/2019
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To adopt an Ordinance repealing Ordinance No. 2011-07, as amended, in order
to adopt, to the extent applicable, the regulations and policies set forth in the State of Florida Model
Floodplain Management Ordinance; providing for inclusion in the Code of Laws and Ordinances;
providing for conflict and severability; and providing for an effective date.
Prepared by: Caroline Cilek, Manager, Building Division
ATTACHMENT(S)
1. Attachment 1. Current FDPO 2011-07 (PDF)
2. Attachment 2. Proposed Floodplain Mang. Ord. W NOTES 11-29-18 V2 (PDF)
3. Attachment 3. Proposed Floodplain Mang. Ord CLEAN 11-29-18 (PDF)
4. Attachment 4. FEMA Letter of Approval (PDF)
5. Legal Ad - Agenda ID 6746 (PDF)
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01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 6746
Item Summary: Recommendation to adopt an Ordinance repealing ordinance No. 2011-07, as
amended, in order to adopt, to the extent applicable, the regulations and policies set forth in the State of
Florida Model Floodplain Management Ordinance; providing for inclusion in the Code of Laws and
Ordinances; providing for conflict and severability; and providing for an effective date. (This is a
companion to Agenda Item 16.A.1)
Meeting Date: 01/08/2019
Prepared by:
Title: Manager - LDC – Building Plan Review & Inspections
Name: Caroline Cilek
12/07/2018 5:19 PM
Submitted by:
Title: Director - Building Plans Review & Inspections – Building Plan Review & Inspections
Name: Richard Long
12/07/2018 5:19 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/12/2018 1:53 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/12/2018 3:20 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 5:03 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/18/2018 8:35 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2018 8:28 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/20/2018 10:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 8:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
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.r. ! . I ORDINANCE NO. 2011-...;.0_7_
· ~N· ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS-OF
·>COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86:28,
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, IN
ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF
FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE;
PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR 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
9.A.1
Packet Pg. 33 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
of County Commissioners of Collier County does hereby adopt the following Floodplain
management regulations.
B. FINDINGS OF FACT.
(I) The Flood hazard areas of Collier County are subject to periodic inundation from
intense rain storms and/or tropical cyclone storm surge, which could result in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for Flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(2) These Flood losses are caused by the cumulative effect of obstructions in Floodplains
causing increases in Flood heights and velocities, and by the occupancy in Flood
hazard areas by uses vulnerable to Floods or hazardous to other lands which are
inadequately elevated, Flood-proofed or otherwise unprotected from Flood damages.
C. STATEMENT OF PURPOSE.
It is the purpose of this Ordinance to save lives, promote the public life health, safety and
general welfare and minimize public and private losses due to Flood conditions in specific
areas by provisions designed to:
( 1) Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, which result in damaging increases in erosion or in Flood heights
and velocities;
(2) Require that uses vulnerable to Floods including facilities which serve such uses be
protected against Flood damage throughout their intended life span;
(3) Control the alteration of natural Floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of Flood waters;
(4) Control filling, grading, dredging and other Development which may increase erosion
or Flood damage; and
(5) Prevent or regulate the construction of Flood barriers which will unnaturally divert
Flood waters or which may increase Flood hazards to other lands.
D. OBJECTIVES.
The objectives of this Ordinance are to:
(I) 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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Packet Pg. 34 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(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
CCCL
FEMA
FIRM
FIS
NAVD
NFIP
NGVD
SFHA
SWEL
WSWT
B. DEFINITIONS
Base flood elevation
Coastal Construction Control Line
Federal Emergency Management Agency
Flood Insurance Rate Map
Flood Insurance Study
North American Vertical Datum
National Flood Insurance Program
National Geodetic Vertical Datum
Area of special flood hazard or Special flood hazard area
Stillwater flood elevation
Wet season water table
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions.
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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Packet Pg. 35 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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)
on all sides.
Breakaway wall means a wall that is not part of the structural support of the Building and
is intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the Building or the supporting
foundation system.
Building -see "Structure".
Coastal construction control line (CCCL) means the landward extent of that portion of
the beach-dune system which is subject to severe fluctuations based upon a 100-year storm
surge, storm waves, or other predictable weather conditions as established by the Florida
Department of Environmental Protection on June 28, 1989, in accordance with F.S. §
161.053, as amended or superseded.
Coastal high hazard area means an SFHA extending from offshore to the inland limit of a
Primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM, as Zone VI -
V30, VE, or V.
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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Packet Pg. 36 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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 (NAVO) 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 affixed (including at a minimum the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) was
completed before September 4, 1979.
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
Manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA) means the federal agency under which
the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA
became part of the newly created U.S. Department of Homeland Security.
Flood or Flooding means:
(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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Packet Pg. 37 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(3) Mudslides (i.e., mudflows) which are proximately caused by Flooding as defined
in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing
mud on the surface of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other body of water as the
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm or by an unanticipated force of
nature such as a flash Flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in Flooding as defined in paragraph (a) (1) of
this definition.
Flood damage-resistant material 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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Packet Pg. 38 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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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Packet Pg. 39 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
Floodway fringe means that area of the one-percent (base or I 00-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-term storage, manufacture, sales, or service
facilities.
Hardship as related to Variances from this Ordinance means the exceptional Hardship
associated with the land that would result from a failure to grant the requested Variance.
The community requires that the Variance is exceptional, unusual, and peculiar to the
property involved. Mere economic or financial Hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
Hardship. All of these problems can be resolved through other means without granting a
Variance, even if the alternative is more expensive, or requires the property owner to build
elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
the Start of construction, next to the proposed walls of a Structure.
Historic Structure means any Structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register:
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic or a district preliminarily determined
by the Secretary to qualify as a registered historic district:
c) Individually listed on the Florida inventory of historic places which has been approved
by the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
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Packet Pg. 40 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
I. 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 NA VD. After the effective date of this Ordinance, all elevation
information submitted with a Development permit shall utilize NA VD.
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Packet Pg. 41 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
New construction means, for Floodplain management purposes, any Structures for
which the Start of construction commenced on or after September 4, 1979. The term also
includes any subsequent improvements to such Structures. For Flood insurance rates,
Structures for which the Start of construction commenced on or after September 14,
1979, and includes any subsequent improvements to such Structures.
New manufactured home park or subdivision means a Manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
Manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after September 4, 1979.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a
reference for establishing varying elevations within the Floodplain.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major
coastal storms. The inland limit of the Primary frontal dune occurs at the point where
there is a distinct change from a relatively steep slope to a relatively mild slope.
Professional engineer means an engineer registered and/or licensed by the State of Florida
to practice engineering in Florida.
Professional land surveyor or professional surveyor and mapper means a surveyor
registered and/or licensed by the State of Florida to engage in the practice of land surveying
in Florida.
Program deficiency means a defect in the community's Floodplain management
regulations or administrative procedures that impairs effective implementation of those
Floodplain management regulations or of the standards required by the National Flood
Insurance Program.
Public safety means anything which is not injurious to safety or health of the entire
community or a neighborhood, or any considerable number of persons, or does not
unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
Reasonably safe from flooding means Base flood waters will not inundate the land or
damage Structures to be removed from the SFHA and that any subsurface waters related to
the Base flood will not damage existing or proposed Buildings.
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
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Packet Pg. 42 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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.
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Packet Pg. 43 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a Structure, the cumulative cost of which equals or exceeds 50 percent of
the Market value of the Structure before the "Start of construction" of the improvement.
This term includes Structures that have incurred "Substantial damage" regardless of the
actual repair work performed. This term does not, however, include any repair or
improvement of a Structure to correct existing Violations of State of Florida or local
health, sanitary, or safety code specifications, which have been identified by the local code
enforcement official prior to the application for permit for improvement, and which are the
minimum necessary to assure safe living conditions. This term does not include any
alteration of a Historic structure provided that the alteration will not preclude the
Structure's continued designation as a Historic structure.
Substantially improved existing manufactured home parks or subdivisions is where the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals
or exceeds 50 percent of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
Temporary housing: Typically provided by FEMA or the Florida Division of Emergency
Management (FDEM) in accordance with guidance noted in the Stafford Act and/or the
Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida
Division of Emergency Management may provide housing resources via its contractor or
other approved agency such as the U.S. Department of Housing and Urban Development
and others to provide for emergency housing including but not limited to: modular homes,
mobile homes, component homes, cottages, camper trailers, or some other type of temporary
living quarters intended to house displaced residents impacted by a natural or man-made
disaster event for periods not exceeding ( 18) eighteen months unless extended by the Board
of County Commissioners. Such Temporary housing efforts may be excluded from the
Floodplain regulation(s) in light of the urgent need for Temporary housing. Such
exclusions may further require an emergency notification and evacuation plan to be
completed to ensure the safety of the occupants of the Temporary housing efforts. This
emergency notification and evacuation plan will be approved by the Collier County
Department of Emergency Management within 30 days of occupancy within the
Temporary housing efforts.
Variance is a grant ofrelief 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.
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Packet Pg. 44 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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 NA VD 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 I-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 Dare commensurate with the uncertainty of the Flood risk.
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Packet Pg. 45 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
Zone X means the Flood insurance rate zone for areas outside the I-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)(l 6)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated
Areas, dated November 17, 2005, with the accompanying maps and other supporting data,
are adopted by reference and declared to be a part of this Ordinance. The FIS and FIRM
are on file at the office of the Clerk to the Board of County Commissioners located at the
County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL
34112.
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.
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Packet Pg. 46 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
F. ABROGATION AND GREATER RESTRICTIONS.
This Ordinance is not intended to repeal, abrogate, or impair any ex1stmg 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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Packet Pg. 47 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(I) Application Stage:
(a) Elevation in relation to Mean sea level (NA VD) of the proposed Lowest floor
(including Basement) of all Buildings;
(b) Elevation in relation to Mean sea level (NAVD) to which any non-residential
Building will be Flood-proofed;
( c) Certificate from a Professional engineer or Registered architect that the non-
residential Flood-proofed Building will meet the Floodproofing criteria in
SECTION FOUR, A (2) and SECTION FIVE, B (2);
(d) Description of the extent to which any Watercourse will be altered or relocated as
a result of proposed Development; and
(e) Elevation in relation to Mean sea level (NAVD) of the bottom of the lowest
horizontal structural member of the Lowest floor and provide a certification from
a Professional engineer or Registered architect indicating that they have
developed and/or reviewed the structural designs, specifications and plans of the
construction and certified that they are in accordance with accepted standards of
practice in Coastal high hazard areas.
(2) Construction Stage:
Upon placement of the Lowest floor, or Floodproofing by whatever construction
means, or bottom of the lowest horizontal structural member, it shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of the NA VD
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:
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Packet Pg. 48 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(I) 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, 8 (1) and (2) and E (2), respectively;
(7) Verify and record the actual elevation (in relation to NA VD) to which the new and
substantially improved Buildings have been Flood-proofed, in accordance with
SECTION FIVE, 8(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, 8, 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;
(I 0) Coordinate all change requests to the FIS and FIRM with the requestor, State of
Florida, and FEMA, and
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Packet Pg. 49 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
( 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 ST AND ARDS.
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
prov1s1ons:
(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;
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Packet Pg. 50 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(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 mimm1ze 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):
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Packet Pg. 51 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
(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 Flood proofing 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:
1. FIRM Elevation -the elevation that has been established by the Flood
Insurance Rate Maps (FIRM).
11. 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
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Packet Pg. 52 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
111. 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 NA VD 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 ST AND ARDS.
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
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Packet Pg. 53 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
water tight with walls substantially impermeable to the passage of water, and use
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy. [NOTE: Floodproofing to just the BFE will
result in a higher Flood insurance premium rate for the Structure because the
Flood insurance policy requires rating a Structure at one foot below the
Floodproofing elevation.] A Professional engineer or Registered architect shall
certify that the standards of this subsection are satisfied using the FEMA
Floodproofing Certificate. Such certification along with the corresponding
engineering data, and the operational and maintenance plans shall be provided to the
Floodplain Administrator.
(3) Enclosures below the lowest floor. New construction and Substantial improvements
that include fully enclosed areas formed by foundation and other exterior walls below
the Lowest floor elevation shall be designed to preclude finished living space and
designed to allow for the entry and exit of Flood waters to automatically equalize
hydrostatic Flood forces on exterior walls.
(a) Designs for complying with this requirement must either be certified by a
Professional engineer or Registered architect or meet or exceed the following
minimum criteria:
(i) Provide a minimum of two openings on different sides of each enclosed area
having a total net area of not less than one square inch for every square foot of
enclosed area subject to Flooding;
{ii) The bottom of all openings shall be no higher than one foot above adjacent
interior grade (which must be equal to or higher in elevation than the adjacent
exterior grade); and
(iii) Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided they provide the required net area of the openings and permit
the automatic flow of Flood waters in both directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles, storage, and Building access. Access to the enclosed area shall be
minimum necessary to allow for parking of vehicles (garage door), limited storage
of maintenance equipment used in connection with the premises (standard exterior
door), or entry to the living area (stairway or elevator); and
( c) The interior portion of such enclosed area shall not be finished, partitioned into
separate rooms, or temperature-controlled (air conditioned).
(4) Standards for Manufactured Homes and Recreational Vehicles
(a) All Manufactured homes to be placed, or substantially improved within Zones
A 1-30, AH, and AE, on sites:
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(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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(iii) Meet all the requirements for New construction, including anchoring and
elevation requirements in accordance with SECTION FIVE, B (4) (a) and (b).
( d) Recreational vehicles or similar temporary or emergency housing units provided
by FEMA, the Florida Division of Emergency Management or the Collier County
Department of Emergency Management or its approved contractor or designee
may provide post disaster emergency Recreational vehicles within the Floodplain
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 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.
(c) Collier County considers the following activities as de m1mmus 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 !-
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
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• 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 located on the
same parcel. Uses identified elsewhere in this Ordinance are not accessory uses.
(a) Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking, or restroom areas).
(b) Accessory structures shall be designed to have low Flood damage potential (wet
Flood proofing).
( 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 I 0'-20'-40' Storage Containers may be positioned on the earth and
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage Buildings may be positioned on the earth and shall
be anchored as described in SECTION FIVE A ( 4 ), above, or secured to piers.
C. SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS
AND REGULATORY FLOODWAYS.
Located within the SFHA established in SECTION THREE, B, where there exist A-Zones
for which no BFE data and Regulatory floodway have been provided or designated by
FEMA, the following provisions shall apply:
(I) Require standards of SECTION FIVE, A
(2) Require that all new subdivision proposals and other proposed Developments
(including proposals for Manufactured home parks or subdivisions) greater than 50
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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 NAVO) 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 (NA VD) 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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Located within the SFHA established in SECTION THREE, B, are Coastal high hazard
areas, designated as Zones Vl-30, VE, or V (with BFE). The following provisions shall
apply:
(I) Meet the standards of SECTION FOUR, A, and SECTION FIVE, A, B (except B (7)),
C, and D.
(2) All New construction and Substantial improvements in Zones Vl-V30, VE, and V
(with BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the Lowest floor
(excluding the pilings or columns) is elevated to no lower than the BFE whether or
not the Structure contains a Basement; and
(b) The pile or column foundation and Structure attached thereto is anchored to resist
floatation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all Building components. Water loading will be
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 I 00-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 NAVO) 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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resistance of not less than I 0 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, Vl-V30, V (with BFE) on the
FIRM either
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(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 m
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 I 00 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: VARIAN CE AND APPEALS PROCEDURES.
A. DESIGNATION OF VARIAN CE AND APPEALS BOARD.
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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 VARIAN CE 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 I 0.04.04, 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 I Planning and Regulation Fee Schedule, (approved 7-27-10,
Resolution 2010-130) as may be amended, replaced or superseded.
(3) All Variance petitions shall be filed with the County Manager on forms provided and
shall include data and information deemed appropriate and necessary by the County
Manager.
( 4) In acting upon such Variance applications, the Board of Zoning Appeals shall consider
all technical evaluations, all relevant factors, standards specified in other Sections of this
Ordinance, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger of life and property due to Flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to Flood damage and
the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community;
( e) The necessity to the facility of a waterfront location where applicable;
(t) 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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(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.
(l) 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 mm1m1ze
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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a) A showing of good and sufficient cause;
b) A determination that failure to grant the Variance would result in exceptional
Hardship; and
c) A determination that the granting of a Variance will not result in increased Flood
heights, additional threats to Public safety or extraordinary public expense, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
( 4) Variances shall only be issued upon a determination that the Variance is the minimum
necessary deviation from the requirements of this Ordinance, considering the Flood
hazard, to afford relief.
( 5) The County Manager shall maintain the records of all Variance actions and report any
Variances to the Federal Insurance Administration upon request.
(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 FLOODWA Y.
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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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 DA TE.
This Ordinance shall become effective upon filing with the Florida Department of State.
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
sy: Nw.~
FRED W. COYLE, CHAIRM
33
This ordinance filed with the
Se'j±Ltory of State's Office the
day of M<tYlh , 2o\ I
and acknowledgement <.d. that
filiM received this _tr_ day of~~ y Cleft<
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Packet Pg. 65 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
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 2011-07
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.
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Packet Pg. 66 Attachment: Attachment 1. Current FDPO 2011-07 (6746 : Adoption of the State Model Floodplain Management Ord.)
1
ORDINANCE NO. 2019 - ______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2011-07, AS
AMENDED, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA
MODEL FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and enforcing
regulations necessary for the protection of the public including Flood damage prevention
ordinances; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011-07, which was subsequently amended by Ordinance Nos. 2012-06
and 2012-24, based on the State of Florida Model Flood Damage Prevention Ordinance; 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 new
and revised State of Florida Model Floodplain Management Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES.
A. Statutory Authorization. The Legislature of the State of Florida has authorized and
delegated in Chapter 125, Florida Statutes, the responsibility of local government units to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Board of County Commissioners of Collier County does hereby
adopt the following Floodplain management regulations.
B. Findings of Fact.
(1) The Flood hazard areas of Collier County are subject to periodic inundation from
intense rain storms and/or tropical cyclone storm surge, which could result in loss
of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for Flood protection and
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2
relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
(2) These Flood losses are caused by the cumulative effect of obstructions in
Floodplains causing increases in Flood heights and velocities, and by the
occupancy in Flood hazard areas by uses vulnerable to Floods or hazardous to other
lands which are inadequately elevated, Flood-proofed or otherwise unprotected
from Flood damages.
C. Statement of Purpose. It is the purpose of this Ordinance to save lives, promote the public
life health, safety and general welfare and minimize public and private losses due to Flood
conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, which result in damaging increases in erosion or in Flood
heights and velocities;
(2) Require that uses vulnerable to Floods including facilities which serve such uses
be protected against Flood damage throughout their intended life span;
(3) Control the alteration of natural Floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of Flood waters;
(4) Control filling, grading, dredging and other Development which may increase
erosion or Flood damage; and
(5) Prevent or regulate the construction of Flood barriers which will unnaturally divert
Flood waters or which may increase Flood hazards to other lands.
D. Objectives. The objectives of this Ordinance are to:
(1) Protect human life, health and to eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly Flood control projects;
(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
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(7) Ensure that potential homebuyers are notified that property is in a Special flood
hazard area.
SECTION 2: DEFINITIONS AND ACRONYMS.
Unless otherwise expressly stated, the following words, terms, and acronyms shall, for the
purposes of this ordinance, have the meanings shown in this section. Where terms are not defined
in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel capacity,
or any other form of modification which may alter, impede, retard or change the direction and/or
velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision
of this ordinance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100 year
flood" or the “1-percent-annual chance flood.”
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 202.]
Coastal construction control line. The line established by the State of Florida pursuant to section
161.053, F.S., and recorded in the official records of the community, which defines that portion of
the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions.
Coastal A Zone. Area within a special flood hazard area, landward of a Zone V or landward of
an open coast without mapped coastal high hazard areas. The inland limit of the Coastal A Zone
is the Limit of Moderate Wave Action where delineated on the Flood Insurance Rate Map
(FIRM).
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Coastal high hazard area. A special flood hazard area 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. Coastal high hazard areas are also referred to as
“high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
Declaration of Land Restriction (Non-conversion Agreement). A form provided by the
Floodplain Administrator to be signed by the owner and recorded in the public records of Collier
County, FL stating the owner agrees to not convert or modify the following in any manner that is
inconsistent with the terms of the building permit and this ordinance: (1) an enclosure below an
elevated building; (2) crawl/underfloor spaces that are more than 5 feet in height (measured from
the lowest interior grade or floor to the bottom of the floor system above); (3) a detached structure
that is not elevated and is larger than 120 square feet in area.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any
year; or
(2) Area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the “design flood,” including wave height, relative to
the datum specified on the community’s legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the start of
construction commenced before September 4, 1979. [Also defined in FBC, B, Section 202.]
Existing manufactured home park or subdivision. 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 before September 4,
1979.
Commented [C1]: Proposed requirement based on a best
management practice recommend by FEMA and the State of Florida.
The Non-Conversion Agreement would be recorded in the public
records of Collier County and would be available to home buyers to
review prior to purchasing a home with an enclosure, crawl space, or
detached structure. This will provide more transparency between
buyer and seller about unpermitted construction activity in the
special flood hazard area. This is particularly important because
unpermitted construction activity it can be a life safety issue as well
as impact insurance costs.
County Staff often encounter situations where an enclosure has been
converted into a living space. Most of the time, the enclosure was
converted by a previous owner and the new owner is unaware that
this area cannot be livable area. If left unchecked, this could have a
detrimental impact on Collier County’s Community Rating System
Class 5 rating.
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Expansion to an existing manufactured home park or subdivision. 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). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in
any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map,
or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the administration
and enforcement of this ordinance.
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance. For the purposes of this Ordinance, evidence of this approval
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can be demonstrated by providing an approved local development order, such as site development
plan, construction plans, or building permit, as applicable.
Floodway. The channel of a river or other riverine 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 one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard
engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission, as
amended by Collier County, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship
repair facilities; the term does not include long-term storage or related manufacturing facilities.
Hardship. As related to variances from this Ordinance, hardship means the exceptional
hardship associated with the land that would result from a failure to grant the requested variance.
The community requires that the variance is exceptional, unusual, and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the objection 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 or similar options.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
Commented [C2]: Recommended by State flood regulations
expert to clarify what qualifies for a flood development permit in
Collier County
Commented [C3]: Definition included in existing flood
ordinance. Slight changes for readability recommended by DSAC.
Floodplain Management Bulletin Variances and the National Flood
Insurance Program FEMA P-993 / July 2014:
https://www.fema.gov/media-library-data/1415994328968-
8a331cb33b4b5aeb3ab26f9d382a7f68/FEMA_P_993_FPM_Bulletin
_Variance.pdf
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amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore, no
longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
(3) Available with special features enabling off-street or off-highway operation and
use.
Limit of Moderate Wave Action (LiMWA). Line shown on FIRMs to indicate the inland limit
of the 1 ½-foot breaking wave height during the base flood.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such enclosure
is not built so as to render the structure in violation of the non-elevation requirements of the
Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Mangrove stand. 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
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(Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus
erecta).
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or “park trailer.” [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference
for establishing varying elevations within the Floodplain. Elevation information based upon
NGVD and used for Floodplain management purposes prior to March 14, 2011, may continue to
be used provided there is also converted elevation information based upon NAVD. After March
14, 2011, all elevation information submitted with a development permit shall utilize NAVD.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the start of
construction commenced on or after September 4, 1979 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. 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. After March 14, 2011, all elevation
information submitted with a development permit shall utilize NAVD.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in 320.01, F.S.]
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Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1
A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
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. [Also defined in FBC, B Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before-damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also defined
in FBC, B Section 202.]
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either: [Also
defined in FBC, B, Section 202.]
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(1) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and Notes]
Temporary emergency 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 temporary emergency housing including but not limited to: modular homes, mobile
homes, component homes, cottages, camper trailers, or some other type of temporary living
quarters intended to house displaced residents impacted by a natural or man-made disaster event.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other
topographic feature in, on, through, or over which water flows at least periodically. The
watercourse does not include the adjoining floodplain 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
Environmental Resource Permit Information Manual 2014 (amended through August 7, 2016),
Part 111 – References and Design Aids, Section D (Determination of Seasonal High Water Table),
as amended, or other methodology as approved by the Florida Department of Environmental
Protection.
Zone X. The designation used on Flood Insurance Rate Maps to identify areas outside the Special
Flood Hazard Area. No flood elevations or depths are shown in this zone, and mandatory Federal
flood insurance purchase requirements do not apply. Flood insurance is optional and available.
Zone X may be:
• Zone X-500 (also known as Zone X Shaded) which represents the area outside of
the 1-percent annual chance Floodplain but within the 0.2-percent annual chance
Floodplain, and
• Zone X (also known as Zone X Unshaded) which represents the area outside of the
0.2-percent annual chance Floodplain.
Commented [C4]: Definition included in existing flood
ordinance.
Commented [C5]: Definition included in existing flood
ordinance. Updated cross reference to SFWMD manual.
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ACRONYMS.
ASCE American Society of Civil Engineers
BFE Base flood elevation
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
WSWT Wet season water table
SECTION 3: ADMINISTRATION - GENERAL.
A. Title. These regulations shall be known as the Floodplain Management Ordinance of
Collier County, Florida.
B. Scope. The provisions of this ordinance shall apply to all development that is wholly
within or partially within any flood hazard area, including but not limited to the
subdivision of land; filling, grading, and other site improvements and utility installations;
construction, alteration, remodeling, enlargement, improvement, replacement, repair,
relocation or demolition of buildings, structures, and facilities that are exempt from the
Florida Building Code; placement, installation, or replacement of manufactured homes
and manufactured buildings; installation or replacement of tanks; placement of
recreational vehicles; installation of swimming pools; and any other development. This
ordinance shall also apply to establishing minimum floor elevations for buildings
constructed within areas identified as Zone X and X-500 on the Flood Insurance Rate Maps
adopted in Section 4, C of this ordinance.
C. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
Commented [C6]: Provision based on existing flood ordinance.
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(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with The Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
E. Warning. The degree of flood protection required by this ordinance and the Florida
Building Code, as amended by this community, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by manmade or natural causes.
This ordinance does not imply that land outside of mapped special flood hazard areas, or
that uses permitted within such flood hazard areas, will be free from flooding or flood
damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of
Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal
Emergency Management Agency, requiring this community to revise these regulations to
remain eligible for participation in the National Flood Insurance Program. No guaranty of
vested use, existing use, or future use is implied or expressed by compliance with this
ordinance.
F. Disclaimer of Liability. 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 damage that results from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 4: APPLICABILITY.
A. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
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B. Areas to Which This Ordinance Applies. This ordinance shall apply to all flood hazard
areas within the unincorporated Collier County, as established in Section 4, C of this
ordinance. Additionally, the requirements for establishing minimum floor elevations shall
be applicable for all areas identified as Zone X and X 500.
C. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for Collier
County, Florida and Incorporated Areas dated May 16, 2012, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM),
and all subsequent amendments and revisions to such maps, are adopted by reference as a
part of this ordinance and shall serve as the minimum basis for establishing flood hazard
areas. Studies and maps that establish flood hazard areas 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.
D. Submission of Additional Data To Establish Flood Hazard Areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 7 of this ordinance the
Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered as flood
hazard area and subject to the requirements of this ordinance and, as applicable,
the requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter of Map Change
that removes the area from the special flood hazard area.
E. Other Laws. The provisions of this ordinance shall not be deemed to nullify any
provisions of local, state or federal law.
F. Abrogation and Greater Restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, stormwater management regulations, or the Florida
Building Code. In the event of a conflict between this ordinance and any other ordinance,
the more restrictive shall govern. This ordinance shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be governed
by this ordinance.
G. Interpretation. In the interpretation and application of this ordinance, all provisions shall
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
Commented [C7]: Provision based on existing flood ordinance.
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(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 5: DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
A. Designation. The County Manager or designee is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain
duties to other employees.
B. General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this ordinance. The Floodplain Administrator shall have the
authority to render interpretations of this ordinance consistent with the intent and purpose
of this ordinance and may establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies, and procedures shall not have
the effect of waiving requirements specifically provided in this ordinance without the
granting of a variance pursuant to Section 9 of this ordinance.
C. Duties of The Floodplain Administrator. The Floodplain Administrator, in
coordination with other pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination
shall have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(7) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
(8) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary
to maintain the Flood Insurance Rate Maps if the analyses propose to change base
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flood elevations, flood hazard area boundaries, or floodway designations; such
submissions shall be made within 6 months of such data becoming available;
(9) Issue floodplain development permits or approvals for development other than
buildings and structures that are subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code, when
compliance with this ordinance is demonstrated, or disapprove the same in the event
of noncompliance;
(10) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this ordinance;
(11) Review required design certifications and documentation of elevations specified by
this ordinance and the Florida Building Code and this ordinance to determine that
such certifications and documentations are complete;
(12) Establish, in coordination with the Building Official, procedures for administering
and documenting determinations of substantial improvement and substantial
damage made pursuant to Section 5, D of this ordinance;
(13) Advise applicants for new buildings and structures, including substantial
improvements, that are located in any unit of the Coastal Barrier Resources System
established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is
not available on such construction; areas subject to this limitation are identified on
Flood Insurance Rate Maps as “Coastal Barrier Resource System Areas” and
“Otherwise Protected Areas”; and
(14) Notify the Federal Emergency Management Agency when the corporate boundaries
of unincorporated Collier County, Florida are modified.
D. Substantial Improvement and Substantial Damage Determinations. For applications
for building permits to improve buildings, structures, and manufactured homes, including
alterations, movement, enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
Commented [C8]: To clarify applicability.
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(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements and
repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this
ordinance is required.
(5) Property owners of buildings, structures and facilities regulated by, or exempt from,
the Florida Building Code, including manufactured homes, may appeal a
substantial damage determination first through the process established in the
Administrative Code for Land Development. Subsequent appeals shall be
processed in accordance with Section 9 of this ordinance.
E. Modifications of The Strict Application of The Requirements of The Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood
resistant construction requirements of the Florida Building Code to determine whether
such requests require the granting of a variance pursuant to Section 9 of this ordinance.
F. Notices and Orders. The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure compliance with
this ordinance.
G. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 8 of this ordinance for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
H. Floodplain Management Records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary
for the administration of this ordinance and the flood resistant construction requirements
of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map
Change; records of issuance of permits and denial of permits; determinations of whether
proposed work constitutes substantial improvement or repair of substantial damage;
required design certifications and documentation of elevations specified by the Florida
Building Code and this ordinance; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurances that the flood carrying capacity of
altered watercourses will be maintained; documentation related to appeals and variances,
including justification for issuance or denial; and records of enforcement actions taken
Commented [C9]: Current practice post Hurricane Irma.
Following Hurricane Irma, County staff worked with Federal
Emergency Management Agency (FEMA) personal to conduct
FEMA required site inspections of damaged structures. The
inspections identified that some structures were preliminary
substantially damaged.
Process helps homeowners that receive an incorrect substantial
damage determination. This has been an important and widely
employed process for property owners that received a preliminary
determination post Hurricane Irma.
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pursuant to this ordinance and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at the Growth
Management Division-Planning and Regulation, 2800 North Horseshoe Drive, Naples, FL
34104.
SECTION 6: PERMITS.
A. Permits Required. Any owner or owner’s authorized agent (hereinafter “applicant”) who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly
within or partially within any flood hazard area shall first make application to the
Floodplain Administrator, and the Building Official if applicable, and shall obtain the
required permit(s) and approval(s). No such permit or approval shall be issued until
compliance with the requirements of this ordinance and all other applicable codes and
regulations has been satisfied.
B. Floodplain Development Permits or Approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject
to the requirements of the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code. Depending on the nature and extent of
proposed development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is required in addition to
a building permit.
C. Buildings, Structures and Facilities Exempt from The Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are
exempt from the Florida Building Code and any further exemptions provided by law,
which are subject to the requirements of this ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,
which are directly involved in the generation, transmission, or distribution of
electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an
open-sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
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(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated
and assembled on site or preassembled and delivered on site and have walls, roofs,
and a floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on
Flood Insurance Rate Maps
D. Application for a Permit or Approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 7
of this ordinance.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain
Administrator.
(8) A signed Declaration of Land Restriction (Non-conversion Agreement) shall be
recorded in the public records of Collier County, FL prior to issuance of the
certificate of occupancy or certificate of completion for the following:
(a.) An enclosure below an elevated building.
(b.) A crawl/underfloor space that are more than 5 feet in height (measured from
the lowest interior grade or floor to the bottom of the floor system above).
(c.) A detached structure that is not elevated and is larger than 120 square feet
in area.
E. Validity of Permit or Approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval
of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of
Commented [C10]: Proposed requirement and connected to
definition included above.
This is a recommended best practice by the State of Florida and
FEMA. The agreement will not make permitted construction
activities more restrictive.
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this community. The issuance of permits based on submitted applications, construction
documents, and information shall not prevent the Floodplain Administrator from
requiring the correction of errors and omissions.
F. Expiration. A floodplain development permit or approval shall become invalid unless
the work authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in
writing and justifiable cause shall be demonstrated.
G. Suspension or Revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error,
on the basis of incorrect, inaccurate or incomplete information, or in violation of this
ordinance or any other ordinance, regulation or requirement of this community.
H. Other Permits Required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.041, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
(6) Federal permits and approvals.
SECTION 7: SITE PLANS AND CONSTRUCTION DOCUMENTS.
A. Information for Development in Flood Hazard Areas. The Floodplain Administrator
is authorized to waive the submission of site plans, construction documents, and other data
that are required by this ordinance but that are not required to be prepared by a registered
design professional if it is found that the nature of the proposed development is such that
the review of such submissions is not necessary to ascertain compliance with this
ordinance. The site plan or construction documents for any development subject to the
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requirements of this ordinance shall be drawn to scale and shall include, as applicable to
the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
flood elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations, or floodway data are not included on the FIRM or
in the Flood Insurance Study, they shall be established in accordance with Section
7, B (2) or (3) of this ordinance.
(3) Where the parcel on which the proposed development will take place will have
more than 50 lots or is larger than 5 acres and the base flood elevations are not
included on the FIRM or in the Flood Insurance Study, such elevations shall be
established in accordance with Section 7, B (1) of this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be
located landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the
fill areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
(9) Existing and proposed alignment of any proposed alteration of a watercourse.
B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation
data have not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
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obtain and use base flood elevation and floodway data available from a federal or
state agency or other source.
(3) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to
not reasonably reflect flooding conditions, or where the available data are known
to be scientifically or technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is four (4) feet above the highest
adjacent grade or Wet Season Water Table, 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 flood
elevation. In no case can the lowest floor be less than three (3) feet above
the highest adjacent grade or Wet Season Water Table, whichever is
higher at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than the proposed
elevation.
(4) Where the base flood elevation data are to be used to support a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a
Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
C. Additional Analyses and Certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations; where
the applicant proposes to undertake development activities that do increase base
flood elevations, the applicant shall submit such analysis to FEMA as specified in
Section 7, D of this ordinance and shall submit the Conditional Letter of Map
Revision, if issued by FEMA, with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area
for which base flood elevations are included in the Flood Insurance Study or on
the FIRM and floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed development,
when combined with all other existing and anticipated flood hazard area
Commented [C11]: Description included in existing flood
ordinance. Slight changes for readability recommended by CAO.
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encroachments, will not increase the base flood elevation more than one (1) foot
at any point within the community. This requirement does not apply in isolated
flood hazard areas not connected to a riverine flood hazard area or in flood
hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood-carrying
capacity of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be maintained in a
manner which preserves the channel's flood-carrying capacity; the applicant shall
submit the analysis to FEMA as specified in Section 7, D of this ordinance.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
D. Submission of Additional Data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a Letter of Map Change from FEMA to change the
base flood elevations, change floodway boundaries, or change boundaries of flood
hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The
analyses shall be prepared by a Florida licensed engineer in a format required by FEMA.
Submittal requirements and processing fees shall be the responsibility of the applicant.
SECTION 8: INSPECTIONS.
A. General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
B. Development Other Than Buildings and Structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this
ordinance and the conditions of issued floodplain development permits or approvals.
C. Buildings, Structures and Facilities Exempt from The Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from
the Florida Building Code to determine compliance with the requirements of this
ordinance and the conditions of issued floodplain development permits or approvals.
D. Buildings, Structures and Facilities Exempt from The Florida Building Code, Lowest
Floor Inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the
Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain
Administrator:
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(1) If a design flood elevation was used to determine the required elevation of the
lowest floor, the certification of elevation of the lowest floor prepared and sealed
by a Florida licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 7, B(3)(b) of this ordinance, the
documentation of height of the lowest floor above highest adjacent grade,
prepared by the owner or the owner’s authorized agent.
E. Buildings, Structures and Facilities Exempt from The Florida Building Code, Final
Inspection. As part of the final inspection, the owner or owner’s authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest
floor or final documentation of the height of the lowest floor above the highest adjacent
grade; such certifications and documentations shall be prepared as specified in Section 8,
D of this ordinance.
F. Manufactured Homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with
the requirements of this ordinance and the conditions of the issued permit. Upon placement
of a manufactured home, certification of the elevation of the lowest floor shall be
submitted to the Floodplain Administrator.
SECTION 9: VARIANCES AND APPEALS.
A. Variances and appeals; In General. Requests for variances and requests for appeals
shall be processed in accordance with this section. Requests for variances and appeals
shall be accompanied with the fee specified in the Growth Management Department,
Development Services Fee Schedule.
(1) The Office of the Hearing Examiner (or whomever is appointed by the Board of
County Commissioners) shall hear requests for variances from the strict
application of requirements of this ordinance and which are not requirements of the
Florida Building Code, in accordance with Land Development Code section
10.09.00.
(2) Pursuant to section 553.73(5), F.S., the Board of Building Adjustments and Appeals
shall hear and decide on requests for appeals and requests for variances from the
strict application of the flood resistant construction requirements of the Florida
Building Code. This section does not apply to Section 3109 of the Florida
Building Code, Building.
B. Limitations on Authority to Grant Variances. The Office of the Hearing Examiner (or
whomever is appointed by the Board of County Commissioners)shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for
issuance in Section 9, F of this ordinance, the conditions of issuance set forth in Section 9,
G of this ordinance, and the comments and recommendations of the Floodplain
Commented [C12]: Provision based on current flood ordinance.
Currently, the BZA would hear flood related variances and it is
proposed the HEX will hear flood variances in order to be consistent
with other Collier County variance decisions.
Commented [C13]: Language added by the County Attorney
Commented [C14]: Proposed process is consistent with state
statues for appeals related to FBC interpretations.
Commented [C15]: Language added by the County Attorney
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Administrator and the Building Official. The Office of the Hearing Examiner (or
whomever is appointed by the Board of County Commissioners) has the right to attach
such conditions as it deems necessary to further the purposes and objectives of this
ordinance.
C. Restrictions in Floodways. A variance shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result, as evidenced by the
applicable analyses and certifications required in Section 7, C of this ordinance.
D. Historic Buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 12 Historic Buildings, upon a determination that the proposed repair,
improvement, or rehabilitation will not preclude the building’s continued designation as a
historic building and the variance is the minimum necessary to preserve the historic
character and design of the building. If the proposed work precludes the building’s
continued designation as a historic building, a variance shall not be granted and the
building and any repair, improvement, and rehabilitation shall be subject to the
requirements of the Florida Building Code.
E. Functionally Dependent Uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use,
as defined in this ordinance, provided the variance meets the requirements of Section 9, C
of this ordinance, is the minimum necessary considering the flood hazard, and all due
consideration has been given to use of methods and materials that minimize flood damage
during occurrence of the base flood.
F. Considerations for Issuance of Variances. In making a determination under Section 9,
G of this ordinance, In reviewing requests for variances, the Office of the Hearing
Examiner (or whomever is appointed by the Board of County Commissioners) shall
consider all technical evaluations, all relevant factors, all other applicable provisions of the
Florida Building Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
Commented [C16]: Language added by the County Attorney
Commented [C17]: Language modified by CAO to better
connect the considerations listed in this section with the conditions
for issuance below.
Commented [C18]: Language added by the County Attorney
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(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected
at the site; and
(10) 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, streets and bridges.
G. Conditions for Issuance of Variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this ordinance or the required elevation standards;
(2) Determination by the Office of the Hearing Examiner (or whomever is appointed
by the Board of County Commissioners) that:
(a) Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not
constitute hardship;
(b) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with
existing local laws and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to
afford relief;
(1) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears
in the chain of title of the affected parcel of land; and
(2) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation,
Commented [C19]: Language added by the County Attorney
9.A.2
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a copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting from
the reduced floor elevation (up to amounts as high as $25 for $100 of insurance
coverage), and stating that construction below the base flood elevation increases
risks to life and property.
H. Requests for Appeals. The Office of the Hearing Examiner (or whomever is appointed
by the Board of County Commissioners) shall hear and decide on requests for appeals
when it is alleged there is an error in any requirement, decision, or determination made by
the Floodplain Administrator in the administration and enforcement of this ordinance.
I. Process for Decisions and Appeal of Decisions of the Office of the Hearing Examiner.
All decisions of the Hearing Examiner arising from Section 9 of this ordinance will be
delivered or mailed by the Hearing Examiner to all parties of record, the County Attorney,
and the County Manager. Any party, including the County, may appeal the decision to the
Board of Zoning Appeals within the time frame and in the manner provided by the Rules
of Procedure, as described in Ordinance No. 2013-25, Section 4. Failing a timely appeal,
the decision of the Hearing Examiner will be considered final in all respects. Appeals shall
be heard de novo by the Board of Zoning Appeals in the manner proscribed in the LDC. In
reaching its decision, the Board of Zoning Appeals may adopt or deny, in whole or in part,
the decision of the Hearing Examiner.
SECTION 10: VIOLATIONS.
A. Violations. Any development that is not within the scope of the Florida Building Code
but that is regulated by this ordinance that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this ordinance, shall be
deemed a violation of this ordinance. A building or structure without the documentation
of elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this ordinance or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code
but that is regulated by this ordinance and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work orders
to owners of the property involved, to the owner’s agent, or to the person or persons
performing the work.
C. Unlawful Continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject
to penalties as prescribed in the Collier County Consolidated Code Enforcement Ordinance
as it may be amended or replaced.
Commented [C20]: Provision based on existing flood
ordinance.
Currently, the BZA would hear flood related appeals of
administrative decisions and it is proposed the HEX will hear these
appeals in order to be consistent with other Collier County
administrative decisions.
Commented [C21]: Language added by the County Attorney
Commented [C22]: Recommended by the CAO to clarify
process and appeals of the HEX decisions.
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SECTION 11: TEMPORARY EMERGENCY HOUSING.
A. Establishing the Need for Temporary Emergency Housing. To establish the need for
temporary emergency housing, the Board of County Commissioners must determine and
declare by simple majority vote that an emergency condition exists due to a natural or man-
made disaster. Based upon that disaster declaration the County Manager, in consultation
with the Emergency Management Director and the Floodplain Administrator, is
authorized to allow for temporary emergency housing in the special flood hazard area.
B. Placement of Temporary Emergency Housing within the Flood Hazard Area. The
Board of County Commissioners or the County Manager or designee, in coordination with
the Floodplain Administrator, may allow for post-disaster emergency temporary
manufactured homes, recreational vehicles or similar resources provided by federal, state,
and local agencies within the flood hazard areas for a period of six months. This period
may be extended by the Board taking the extent and severity of the disaster into account.
C. Temporary Emergency Housing Prohibitions. Temporary emergency housing shall
not be located in the VE or the Coastal A flood zones.
D. Installation Standards. Manufactured homes shall be placed in a manner consistent
with Section 15 of this ordinance. Recreational vehicles or similar road ready vehicles
shall comply with the requirements of Section 16 of this ordinance.
E. Emergency Notification and Evacuation Plan. An emergency notification and
evacuation plan shall be prepared to ensure the safety of the occupants of the temporary
emergency housing. The emergency notification and evacuation plan shall be submitted,
within thirty (30) days of occupancy of the temporary emergency housing units, for
review and approval to the Collier County Division of Emergency Management.
F. Permit for the Temporary Placement of Emergency Housing. Prior to the placement
of all temporary emergency housing in the special flood hazard area, the applicant shall
be required to submit a temporary permit application to the Floodplain Administrator
affirming that the structure is in compliance with this Section and 44 CFR 60.3 (e).
G. Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this section
shall be consistent with Ordinance No. 2006-35, Section 7.
SECTION 12: BUILDINGS AND STRUCTURES.
A. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 6, C of this ordinance, buildings, structures,
and facilities that are exempt from the Florida Building Code, including substantial
improvement or repair of substantial damage of such buildings, structures and facilities,
shall be designed and constructed in accordance with the flood load and flood resistant
Commented [C23]: Provision based on existing flood
ordinance.
This provision was used following Hurricane Irma. Further, FEMA
does not allow temporary emergency housing within the special
flood hazard area unless explicitly stated within the local
community’s floodplain management ordinance.
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construction requirements of ASCE 24. Structures exempt from the Florida Building Code
that are not walled and roofed buildings shall comply with the requirements of Section 18
of this ordinance.
B. Enclosures below the lowest floor. Enclosed areas below elevated buildings and
structures shall comply with the requirements of the Florida Building Code, shall be
limited to parking of vehicles, storage, and building access, and shall comply with the
following:
(1) Access to the enclosed area shall be the minimum necessary to allow for:
(a.) Parking of vehicles (garage doors);
(b.) Limited storage of maintenance equipment used in connection with the
premises (standard exterior door not to exceed 3.0 ft. by 8.0 ft.);
(c.) Main entrance to the structure (one double door set).
(2) The interior portion of such enclosed area shall not be temperature-controlled by
a permanently mounted air-conditioner or connected to central air;
(3) All areas that are partitioned within the enclosed area shall be vented in
accordance with ASCE 24 Flood Resistant Design and Construction;
(4) All construction below the lowest floor shall be built with flood damage-resistant
materials consistent with ASCE 24 Flood Resistant Design and Construction, for
example: pressure treated wood and water-durable and mold resistant cement
backerboard; and
(5) Section 6, D (8) of this ordinance, regarding a Declaration of Land Restriction
(Non-conversion agreement).
C. Detached accessory structures. Detached accessory structures that are not elevated
(garages, tool sheds, storage buildings, steel ISO 10’-20’-40’ storage containers, etc.) may
be positioned on the ground or a slab, properly vented, and adequately anchored to
withstand wind and buoyancy forces, or secured to piers. A property owner must provide
a signed Declaration of Land Restriction (Non-conversion agreement) prior to the
issuance of the certificate of completion for detached accessory structures that are not
elevated and are greater than 120 square feet.
D. Design and construction of nonresidential farm buildings on farms. Pursuant to
Section 6, C of this ordinance, nonresidential farm buildings on farms that are exempt from
the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, shall be designed and constructed in accordance with the flood
load and flood resistant construction requirements of ASCE 24. If required to be elevated
in accordance with ASCE 24, nonresidential farm buildings on farms shall be elevated to
Commented [C24]: Provision is based on existing flood
ordinance – with some higher regulatory standards removed.
Language is consistent with FEMA best management practices and
clarifies common issues that arise with enclosures.
Commented [C25]: Detached accessory structures are regulated
by the existing ordinance.
Proposed provision removes a more restrictive elevation requirement
and allows for minimum elevation standards to apply.
Commented [C26]: Non-residential farm buildings on farms are
regulated by the existing ordinance.
Proposed provision removes a more restrictive elevation requirement
and allows for minimum elevation standards to apply.
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or above the base flood elevation. Structures exempt from the Florida Building Code that
are not walled and roofed buildings shall comply with the requirements of Section 18 of
this ordinance.
E. Permanently-mounted air-conditioners, generators, and other exterior mechanical
equipment. When installed with new construction or replaced as part of substantial
improvement or repair of substantial damage, permanently-mounted air-conditioners,
generators, and other exterior mechanical equipment shall be elevated to or above the
elevation required by the Florida Building Code - Residential Sec. R322.1.6 or Florida
Building Code – Building, Sec. 1612 (ASCE 24), as applicable. When not part of
substantial improvement or repair of substantial damage, new or replacement of
permanently-mounted air-conditioners and exterior mechanical equipment shall be
elevated to or above the BFE or the lowest floor elevation of the building served,
whichever is lower. When not part of substantial improvement or repair of substantial
damage, new or replacement generators shall be elevated to or above the elevation required
by the Florida Building Code - Residential Sec. R322.1.6 or Florida Building Code –
Building, Sec. 1612 (ASCE 24), as applicable.
F. Pool Equipment. When installed with new construction, pool equipment shall be elevated
to or above the elevation required by the Florida Building Code, Residential R322.1.6 or
Florida Building Code, Building, Sec. 1612 (ASCE 24), as applicable. Where new pool
equipment is installed on an existing pool, the pool equipment shall be elevated to or above
the lowest floor elevation of the building served. Where pool equipment is installed to
replace existing pool equipment, the new pool equipment shall be elevated to or above the
elevation of the existing pool equipment. In cases where the elevation of pool equipment
will hinder access for repair and maintenance, a letter may be submitted by the pool
contractor to the building official demonstrating that the equipment can be installed to resist
flood forces and is GFI protected per the National Electric Code (NEC) 2014, 680.21 (C),
as may be amended from time to time.
G. Buildings and structures seaward of the coastal construction control line. If extending,
in whole or in part, seaward of the coastal construction control line and also located, in
whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building
Section 3109 and Section 1612 or Florida Building Code, Residential Section
R322.
(2) Minor structures and non-habitable major structures as defined in section 161.54,
F.S., shall be designed and constructed to comply with the intent and applicable
provisions of this ordinance and ASCE 24.
H. Lowest floor elevation requirements for residential buildings. The area below the lowest
floor shall be limited to storage, access, and parking.
Commented [C27]: Based on recommendations from the State
of Florida and FEMA.
Codifies current Building Division policy post-Hurricane Irma/ and
Florida Building Code – Residential 6th Ed.
Commented [C28]: Based on recommendations from the State
of Florida.
Codifies current Building Division policy post-Hurricane Irma.
Commented [C29]: Based on existing flood ordinance
provisions.
Proposed language narrows applicability to only residential
structures and reduces minimum elevations standards for some
structures.
Requirement for flood openings is recommended by the State of
Florida.
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(1) Residential buildings subject to South Florida Water Management District Permit
requirements or were previously approved to a 100 year, three-day, zero-discharge
stormwater plan standard, shall have the lowest floor elevated at or above the
elevation required by the District Permit, Florida Building Code, or Section 12, I
of this ordinance, as applicable.
(2) All residential buildings not subject to Section 12, H (1) of this ordinance and
located in a flood hazard area, Zone X-500, or Zone X shall have the lowest floor
elevated at or above the elevation required by the Florida Building Code or as
follows, whichever is higher:
(a.) Buildings located on a paved road must be elevated 18 inches above the
crown of the nearest street or interior finished roadway system. In the event
that the nearest street or interior finished roadway system is located on an
evacuation route, the residential building may be elevated a minimum of 18
inches above the crown of the nearest side street just beyond the beginning
of the vertical transition for the elevation connection to the evacuation route.
(b.) Residential buildings located on a graded or otherwise unfinished road must
be elevated a minimum of 24 inches above the crown of the nearest street.
(c.) Garages for residential buildings shall have the lowest slab at or above the
crown of the nearest street and shall meet one of the following: (1) be
elevated at or above the base flood elevation, or (2) if using flood openings,
the flood openings shall be installed so that the entire opening is below the
base flood elevation and shall be no higher than one foot above grade. See
FEMA Technical Bulletin 1, as amended, for additional information.
(d.) Lanais for residential buildings shall have the lowest slab at or above the
crown of the nearest street. See Section 12, C of this ordinance for detached
structures.
(e.) On parcels where unusual topographic conditions exist and the standard
conditions established in Section 12, H (2)(a.),(b.),(c),(d) of this ordinance
cannot be reasonably applied, the Building Official shall consider requests
to decrease the lowest floor elevation. All requests shall require an analysis,
by a professional engineer, of the 100-year, 3-day storm event using zero
discharge, for the entire discharge, for the 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 lowest floor be less than the elevation
required by the Florida Building Code.
I. Buildings and structures removed from the special flood hazard area. Buildings and
structures removed from the special flood hazard area shall be elevated so that the lowest
slab, such as a garage, lanai, enclosure, etc. is above the lowest lot elevation (GROUND)
as identified on the Letter of Map Change provided by FEMA. Further, the lowest adjacent
Commented [C30]: Proposed requirement based on real
situations.
When an applicant successfully removes a structure or property from
the special flood hazard area (by raising the existing grade with fill
to an elevation above the base flood elevation) FEMA issues a Letter
of Determination which contains minimum elevation information.
The Letter is available to property owners and can be used to decide
whether to purchase X-zone flood insurance. The removal process is
an honorary agreement between the applicant and FEMA.
On occasion, staff finds that a house slab does not meet the elevation
indicated on the Letter of Determination.
It is proposed that the elevations established on the Letter of
Determination become the minimum elevation required. This will
require the property or structure to be consistent with the approved
elevation and ensure the Letter of Determination is accurate
representation of the elevations on the property.
An applicant can always submit a revision to FEMA and adjust the
elevation, so long as they are above the Base Flood Elevation. This
provision will provide transparency for property owners and allow
informed decisions to be made based on correct information.
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grade of a building or structure must be at or above the base flood elevation as established
on the Digital Flood Insurance Rate Map.
SECTION 13: SUBDIVISIONS.
A. Minimum Requirements. Subdivision proposals, including proposals for manufactured
home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations are determined
in accordance with Section 7, B of this ordinance; and
(3) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage;
and
(4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures; and
(5) The site improvement and utilities requirements of Section 14 of this ordinance are
satisfied.
SECTION 14: SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS.
A. Minimum Requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage;
and
(1) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures.
B. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-site
waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7
Commented [C31]: Recommended by State flood regulations
expert to clarify requirements.
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to minimize or eliminate infiltration of floodwaters into the facilities and discharge from
the facilities into flood waters, and impairment of the facilities and systems.
C. Water Supply Facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into
the systems.
D. Limitations on Sites in Regulatory Floodways. No development, including but not
limited to site improvements, and land disturbing activity involving fill or regrading, shall
be authorized in the regulatory floodway unless the floodway encroachment analysis
required in Section 7, C (1) of this ordinance demonstrates that the proposed development
or land disturbing activity will not result in any increase in the base flood elevation.
E. Limitations on Placement of Fill. Subject to the limitations of this ordinance, fill shall
be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related
erosion and scour. In addition to these requirements, if intended to support buildings and
structures (Zone A only), fill shall comply with the requirements of the Florida Building
Code.
F. Limitations on Sites in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only if
the engineering analysis required by Section 7, C (4) of this ordinance demonstrates that
the proposed alteration will not increase the potential for flood damage. Construction or
restoration of dunes under or around elevated buildings and structures shall comply with
Section 18, H (3) of this ordinance.
SECTION 15: MANUFACTURED HOMES.
A. General. All manufactured homes installed in flood hazard areas shall be installed by
an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall comply
with the more restrictive of the applicable requirements.
B. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this ordinance. Foundations for
manufactured homes subject to Section 15, F of this ordinance are permitted to be
reinforced piers or other foundation elements of at least equivalent strength.
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(2) In coastal high hazard areas (Zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, Residential Section R322.3
and this ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall
be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation, collapse
or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-
top or frame ties to ground anchors. This anchoring requirement is in addition to applicable
state and local anchoring requirements for wind resistance.
D. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall comply with Section 15, E or 15, F of this ordinance, as applicable.
E. General Elevation Requirement. Unless subject to the requirements of Section 15, F of
this ordinance, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b)
in a new manufactured home park or subdivision; (c) in an expansion to an existing
manufactured home park or subdivision; or (d) in an existing manufactured home
park or subdivision upon which a manufactured home has incurred substantial damage
as the result of a flood, shall be elevated such that the lowest floor is at or above the
elevation required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
F. Elevation Requirement for Certain Existing Manufactured Home Parks and
Subdivisions. Manufactured homes that are not subject to Section 15, E of this
ordinance, including manufactured homes that are placed, replaced, or substantially
improved on sites located in an existing manufactured home park or subdivision, unless
on a site where substantial damage as result of flooding has occurred, shall be elevated
such that either the:
(1) Lowest Floor of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential
Section R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements
of at least equivalent strength that are not less than 36 inches in height above grade.
G. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.
H. Utility Equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment, and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential
Section R322, as applicable to the flood hazard area. Replacement of permanently-
Commented [C32]: Based on existing flood ordinance
requirement.
Commented [C33]: Based on existing flood ordinance
requirement.
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mounted air conditioning equipment, generators, and exterior mechanical equipment shall
comply with Section 12, E of this ordinance.
I. Permits Required for Additions, Attachments, Improvements and Repair of
Manufactured Homes. Building permits are required for additions, attachments,
improvements and repair of damage by any cause to manufactured homes. Any addition
or attachment that is structurally connected to the manufactured home or is freestanding
shall be constructed to meet the Florida Building Code, as may be amended from time to
time. The design of an addition or attachment shall use the current wind criteria for the
zone.
(1) An addition or attachment shall only be allowed where a manufactured home was
constructed with a host beam by the manufacturer in order to provide the
necessary structural support for the connection between the two structures. For
manufactured homes that were not constructed by the manufacturer to support
additions or attachments connected to them, the addition or attachment shall be
freestanding, other than flashing required for weather-tightness.
(2) Applications for repair of structural components of a manufactured home shall
include letters from a registered design professional or a mobile home inspector
that states the structure is in compliance with the applicable Manufactured Home
Construction and Safety Standards, developed by HUD, in place at the time of
assembly.
SECTION 16: RECREATIONAL VEHICLES AND PARK TRAILERS.
A. Temporary Placement. Recreational vehicles and park trailers placed temporarily in
flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle
or park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments
such as additions, rooms, stairs, decks and porches.
B. Permanent Placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 16, A of this ordinance for temporary placement shall meet the
requirements of Section 15 of this ordinance for manufactured homes.
SECTION 17: TANKS.
A. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
Commented [C34]: Consistent with current Building Division
policy.
Commented [C35]: Current policy post Hurricane Irma.
Recommended by FEMA.
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B. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 17, C of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high
hazard areas, provided the tanks are anchored or otherwise designed and
constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects of
flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
C. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure that
is designed to prevent flotation, collapse or lateral movement during conditions of the
design flood. Tank-supporting structures shall meet the foundation requirements of the
applicable flood hazard area.
D. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions
of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
SECTION 18: OTHER DEVELOPMENT.
A. General Requirements for Other Development. All development, including man-
made changes to improved or unimproved real estate for which specific provisions are
not specified in this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 14, D of this ordinance if located in a regulated
floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(4) Be constructed of flood damage-resistant materials; and
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(5) Have mechanical, plumbing, and electrical systems above the base flood elevation,
except that minimum electric service required to address life safety and electric
code requirements is permitted below the base flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
B. Fences in Regulated Floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall
meet the limitations of Section 14, D of this ordinance.
C. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of Section 14, D of this ordinance.
D. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Section 14, D of this
ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall
meet the requirements of Section 7, C (3) of this ordinance.
E. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways,
Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent
to buildings and structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
F. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios
shall be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the design flood elevation
and any supporting members that extend below the design flood elevation shall
comply with the foundation requirements that apply to the building or structure,
which shall be designed to accommodate any increased loads resulting from the
attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
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conditions or to break apart into small pieces to minimize debris during flooding
that is capable of causing structural damage to the building or structure or to
adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that
is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified registered
design professional demonstrates no harmful diversion of floodwaters or wave
runup and wave reflection that would increase damage to the building or structure
or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave runup and wave reflection.
G. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only
if also authorized by the appropriate federal, state or local authority; if located outside the
footprint of, and not structurally attached to, buildings and structures; and if analyses
prepared by qualified registered design professionals demonstrate no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage to adjacent
buildings and structures. Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or
otherwise function to avoid obstruction of floodwaters; and
(1) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as
filled systems or mound systems.
H. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings
and structures.
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(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
SECTION 19: APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated
areas of Collier County. This ordinance shall apply to all applications for development, including
building permit applications and subdivision proposals, submitted on or after the effective date of
this ordinance.
SECTION 20: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 21: 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 22: REPEAL OF ORDINANCE NO. 2011-07, AS AMENDED.
This Ordinance hereby repeals all portions of Ordinance No. 2011-07 and all amendments thereto.
SECTION 23: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of_________________, 2019.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
_____________________________
Scott A. Stone
Assistant County Attorney
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ATTEST:
CRYSTAL K. KINZEL , CLERK
B y:
, Deputy Clerk
Approved as to form and legality :
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
,CHAIRMAN
_______ ~ n(:;;.9/J4v
Scott A. Stone
Assistant County Attorney
39
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