Ordinance 90-031 ORDINANCE NO. 90- 31
AN ORDINANCE AMENDING ORDINANCE NO. 86-28, AS
AMENDED, T]{E FLOOD DAMAGE PREVENTION ORDINANCE;
AMENDING SECTION 5, "DEFINITIONS", TO ADD TtIE
FOLLOWING DEFINITIONS: "HISTORIC STRUCTURE", "NEW~
MANUFACTURED HOME PARK OR SUBDIVISION", "PROFESS'{
SIONAL LAND SURVEYOR", RECREATIONAL VEHICLE" AN~
"SUBSTANTIAL DAMAGE", AND TO AMEND OR SUBSTANTIALLY
AMEND THE DEFINITIONS OF "COASTAL HIGH HAZARD AREA",
"DEVELOPMENT", "FLOOD-PROOFED BUILDINGS", "MANUFAC-
TURED HOME", "NEW CONSTRUCTION", "START OF CONSTRUC-
TION'', AND "SUBSTANTIAL IMPROVEMENT"; AMENDING
SUBSECTION (2) OF SECTION 10, "PERMIT REQUIREMENTS"
BY CHANGING THE TIME LIMITATIONS FOR SUBMISSION OF
CERTIFICATES OF ELEVATION AND BY CHANGING "BUILDING
DEPARTMENT" REFERENCES TO "COMPLIANCE SERVICES
MANAGER"; AMENDING SUBSECTION (3) OF SECTION 10,
"PERMIT REQUIREMENTS", BY CHANGING "BUILDING
DIRECTOR" AND "CHIEF ADMINISTRATIVE OFFICIAL"
REFERENCES TO "COMPLIANCE SERVICE MANAGER" AND BY
F~tKING OTHER MINOR CHANGES; AMENDING SUBSECTION (2)
OF SECTION 11, "GENERAL STANDARDS FOR FLOOD HAZARD
REDUCTION" BY REQUIRING COMPLIANCE WITH THE COLLIER
COUNTY BUILDING CODE; AMENDING THE TITLE AND
SUBSECTIONS (i) (a), (b), (c), (d) AND (e) OF
SECTION 12, "SPECIFIC STANDARDS FOR V-ZONES" BY
CHANGING ALL V-ZONE REFERENCES TO COASTAL HIGH
HAZARD AREA AND BY ADDING ANCHORING REQUIREMENTS FOR
SWIMMING POOLS; AMENDING THE TITLE AND SUBSECTIONS
(2), (3), (4) AND (5) OF SECTION 14, "REGULATIONS
FOR MANUFACTURED HOMES" BY ADDING A REFERENCE TO
"RECREATIONAL VEHICLES" TO THE SECTION TITLE, BY
DELETING ALL REFERENCES TO V-ZONES AND BY ADDING
~EMA ELEVATION AND EVACUATION PLAN REQUIREMENTS;
FOR CONFLICT AND SEVERABILITY; AND
IOVIDING AN EFFECTIVE DATE.
the Federal Emergency Management Agency (FEMA) has
the National Flood Insurance Program (NFIP) floodplain
management regulations which impact on local floodplain management
regulations; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right
and pow.r of counties to provide for the health, welfare and
safety of existing and future residents by enacting and enforcing
regulations necessary fo~~ the protection of the public including
flood damage prevention ordinances; and
WHEREAS, Chapter 163, Part II, (Local Government Comprehen-
sive Planning and Land Development Regulation Act), Florida
Statutes, provides that counties shall have the power and
responsibility to plan comprehensively for their future develop-
ment and growth including the adoption and implementation of
1
Words Underlined are added; Words S~ru=k-~h=ough are deleted.
appropriate land development regulations which are necessary or
desirable to implement a comprehensive plan, including the
regulation of areas subject to seasonal and periodic flooding as
provided in Section 153.3202(2) (d), Florida Statutes; and
WHEREAS, the Conservation and Coastal Management Element of
the Growth Management plan requires that certain Land Development
Regulations be adopted to implement the plan; and
W74EREAS, Policy 13.2.5 of the Conservation and Coastal
Management Element of the Growth Management Plan has redefined the
Coastal High Hazard Area to include the coastal construction
control line; and
WHEREAS, the Building Department has been reorganized under
the Community Development Division as the Customer Service
Section, Building Plan Review Section and the Compliance Service
Section; and
WHEREAS, the Collier County Planning Commission (Local
Planning Agency) has determined that this proposed amendment to
the Flood Damage Prevention ordinance is consistent with the
adopted Growth Management Plan as required by Section 163.3194 (2)
(a), Florida Statute.
NOW, THEREFORE, BE IT ORDAINED BY T}{E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA that:
SECTION ONE: Amendments to Section 5 of Collier County Ordinance
No. 86-28, as amended.
Seotion 5, "Definition~l," of Collier County Ordinance No.
86-28, as amended, is hereby amended by changing and adding
~,~ definitions as follows:
~:"~ ' SECTION 5. Definitions.
', "Administrator" means the Federal Insurance Administra-
tor.
'~: "Appeal" means a request for a review of the chief
~- Administrative Official's interpretation of any provision of
2
Words ~ are added; Words S~u~k-~hreugh ara deleted.
this ordinance.
"Addition (to an existing building)" means any walled
and roofed expansion to the perimeter of a building in which
the addition is connected by a common loadbearing wall other
than a fire wall required by the Standard Building Code. Any
walled and roofed addition which is connected by such fire
wall or is separated by independent perimeter load-bearing
walls is new construction.
"Area of special flood hazard" is the land in the flood
plain within a community subject to a one percent or greater
chance of flooding in any given year. These areas are
designated on the Flood Insurance Rate Map (FIRM).
"Base flood" means the flood having a one percent chance
of being equalled or exceeded in any given year.
"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 foundations system.
"Building" means any structure containing one or more
enclosed areas, permanently affixed to the ground, built for
shelter or enclosure for any occupancy or storage.
"Chief Administrative Official" wherever used shall mean
the person or persons designated by the County Manager to be
responsible for the implementation and enforcement of this
ordinance.
"Coastal high hazard area" means the area subject to
high velocity waters including, but not limited to, hurricane
storm surge or wave action. The-a~ea-~s-dee~g~a~e~--e~-~he
F~RM--as-~me-¥~-~@-amd--¥~-er-¥v The County shall consider
the Coastal High Hazard Area as the area seaward of the
~oastal Construction Control Line established by the
Department ~l[_/gatural Resources on June 27. 1989. and th~
~{~lod Insurance Program (V~ zones indicated on the
Words Underlined are added; Words 8~=u=k-th=eugh are deleted.
FIRM. as zones V1-30. and VE or V. whichever is the most
landward. The land mass seaward of this line is considered
the Coastal/Liqh Hazard Area.
"County" whenever used shall mean Collier County,
"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, excavation or drilling operations or storag9
of eauiDment..pr materials.
"Enclofled Area" means a solidly roofed area with at
least 2/3 of its perimeter composed of rigid walls.
"Development Permit" means any County permit which must
be approved by the County prior to proceeding with any
"Development".
"Pre-FI~ Construction" means structures for which the
"start of construction" commenced before September 14, 1979,
the effective date of Collier County's first FIRM.
"Existing Manufactured Home Park or Subdivision" means a
manufactured home park for which the construction of
facilities for servicing the lot on which the manufactured
homes are to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets)
was completed before September 14, 1979, the effective date
of Collier County's first FIRM.
"Existing Structure" means a structure for which the
"start of constructxon" commenced before September 14, 1979,
the effectiv~ date of Collier County's first FIRM.
"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, either final site grading or
Words ~Dderlined are added; Words S~r~=k-th=eugh are deleted.
pouring of concrete pads, or the construction of streets).
"Finished Area" A finished area is an enclosed area
having more than 20 linear feet of finished walls (paneling,
etc.) or equipped for use as kitchen, dining room, living
room, family or recreational room, or bedroom, or office or
professional or private school or studio occupancies,
workshop, or other such uses.
"FIRM" ehall mean the Flood Insurance Rate Map.
"Flood" or "flooding" means 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.
"Flood Elevation Determination" means a determination by
the Administrator of the water surface elevations of the base
flood, that is, the flood level that has a one percent or
greater chance of occurrence in any given year.
"Flood Insurance Rate Map (FIRM)" means an official map
of Collier County, Florida, on which the Administrator has
delineated both the special hazard areas and the risk premium
zone applicable to the community.
"Flood Insurance Study" means the official report
provided in which the Federal Insurance Administration has
provided flood profiles, as well as the Flood Insurance Rate
Maps and thE, water surface elevation of the base flood.
"Flood Plain" or "Flood Prone Area" means any land area
susceptible to being inundated by water from any source (see
definition of "flooding").
"Flood Plain Management Regulations" means zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a flood
plain ordinance, grading ordinance and erosion control
ordinance) and other applications of police powers. The term
Words Underlined are added; Words $~Hek-~h=~u~h are deleted.
describes such state or local regulations, in any combination
thereof, which provide standards for the purpose of flood
damage prevention and reduction.
"Floodproofed Buildings" or "Flood Proofing" is defined
to mean "Essentially watertight with walls ~ wall oDeninas
substantially impermeable to the passage of water and with
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy
that would be caused by flood depths, pressures, velocities,
impact, and uplift forces associated with the base flood."
Flood proofing components for doors, windows etc. must be
installed wi_~hin four (4) hours after issuance of a hurricane
warning by the National Hurricane Center.
"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 one foot.
"Functionally Dependent Use" means a use which cannot
perform its intended purpose unless it is located or carried
out in close proximity to water.
"Historic Structure" means any structure that is:
/j~ ~~viduallv in the National ReGister
of Historic Places ~a listing maintained by Departmen~
9f Interior) or preliminarily determined bv the
Secretary of the Interior as meeting the reG~irements
for indJ~yidual listin~ on the National Register:
/21 Certified or preliminarily determined by the
Secretary of the Interior as contributing to th~
hJ~cal sianificance of a registered historic
district or a district preliminarily determined by th~
Secretary to ~ualitv as a registered historic district:
//k Individually listed on a state inventory
historic places in states with historic preservation
programs which have been approved by the Secretary of
6
Words ~nderlined aro added; Words 8t=uek-~h~eugh are deleted.
the Int~]~ior: or
/~ Individually listed on a local inventory of
historic places in communities with historic preserva-
tion Drp_grams that have been certified either:
(a) ~v an approved state Droqram as deter-
mined by the Secretary of the Interior or
/]~ Directly by the Secretary of the Interior
iD states without approved Droarams.
"Lowest Floor" The lowest floor is the lowest floor
(including basement) of the lowest enclosed area. The
following modifications of the lowest floor definition are
permitted:
a. The floor of an unfinished enclosed area at ground
level or above, which is a crawl space, or space within the
foundation walls, usable as areas for building maintenance
access, parking vehicles, or storing of articles and
maintenance equipment (not machinery or equipment attached to
the building) used in connection with the premises is not
considered the building's lowest floor if the walls of the
unfinished enclosed areas are constructed with openings (such
as with parallel sheer walls, open lattice walls,
discontinuous foundation walls, or combinations thereof) to
facilitate the unimpeded movement of flood waters or the
walls are breakaway walls.
b. The floor of an attached unfinished garage used for
parking vehicles and storing articles and maintenanc~
equipment u~ed in connection with the premises is not
considered the building's lowest floor provided that the area
does not contain machinery or equipment which is part of the
building (attached to the building) and provided that the
garage walls are constructed with opunings (~uch as with
parallel sheer walls, open lattice walls, discontinuous
foundation walls, or combinations thereof) to facilitate the
unimpeded movement of flood waters, or the walls are
Words Underlined are added; Words S~uek-~h~ou~h are deleted.
brsakaway walls.
The floor of an unfinished residential garage that does
not impede the flow of flood waters by virtue of the opening
of its doors should not be considered the lowest floor of the
building.
"Mangrove Stand" means an assemblage of mangrove trees
which are m~tly low trees notsd for a copious development of
interlacing adventitious roots above the ground and which
contain one or more of the following species: black mangrove
(Avicennia germinans); red mangrove (Rhizophora mangle);
white mangrove (Languncularia racemosa); and buttonwood
(Conocarpus erecta).
"Manufactured Home" means
ome--e~-more-see~½ens-wh&eh--~s-b~%-en-a--pe~ma~en~-ehass~s
and---des½~ned--~o--be--~sed--w~h--er--w~ehe~e--a--permanen~
fe~nda~em--~hem-cemnec~ed--ee-~he--req~½red-~t~es?---?he
~erm-a½se-½me½u~es-park-~ra½½ersT-~rmve½-~ra~ers-a~d-s~m~½er
~ransper~ah~e--s~r~c~res-permanen~M--~aee~-en--a-s&~e--an~
~n~ende~--~e-be-½~prove~-preper~2v--A--~ave~-~a~e~-e~-pa~
~ra½½er--sha~--he--pres~me~--~e--he--a--veh&e~e--en~--ne~--e
man~ae~re~-heme-en~M-~-~he-~e~ew~n~-een~&ens-ex~s~-
~---?he--~rave*--~ra&½er-er--park-~ra&~er--has-e~em~
~eemses-req~red-fer-h½ghway-e~ave~-am~
Ne--permanem~-a~&~ems-~e-a--~rave~-~ra&~er-er-par~--era&~er
sha~--he-perm&e~e~? a structure~ transportable in one or
more sections, which is built on a nermanent chassis and is
desicned ~or use with or without a ~ermanent foundation w~
ctteched to t~¢ recuired utilities. The term "manufactured
home" does not include a "recreational vehicl~",
8
Words Underlined ar,a added; Words Skr~ek-~hro~h are deleted.
"Map" means the Flood Insurance Rate Map (FIRM) for
Collier County, Florida issued by the Federal Insurance
Administration having an effective date of June 3, 1986, as
may be amended.
"Mean Sea Level" means the average height of the sea for
all stages of the tide. Also, see Nation Geodetic Vertical
Datum (NGVD).
"National Good~tic Vertical Datum (NGVD)" moan~ National
Geodetic Vertical Datum of 1929 (formerly called Mean Sea
Level Datum of 1929). The vertical control datum used to
establish the flood elevations.
"New Construction" means s~t~res-~-wh~eh-~he-Us~ar~
for the humuses of determinin~ insurance rates, structures
for which th9 "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain manaoement
~urDoses. "new construction" means structures for which the
"start of construction" commenced on or after the effective
date of a floodDlain manaqement requlation adopted by a
~9~9~1i~ includes any subseouent improvements to such
~tructures.
"FgW Manufactured Home Park Or Subdivision" means a
manufactured home Dark or subdivision for which the
construction of facilities for servicina 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 ~radina or the Dourina of
concrete Dads) is completed on or after the effective date of
floodplain management reaulations adopted by a community.
"Person" includes any individual or group of individuals
corporation, or any other organized group of persons,
including State and local governments and agencies thereof.
9
Words Underlined are added; Words S~ek-~h~H~h are deleted.
038
"Professional Land S,;rvevor" means a surveyor reaistered
and/or licensed by the State of Florida to engage in the
practice of land surveying in Florida or who is authorized by
the State of Florida to practice land surve¥ina in Flori&~l
under a reciprocal registration or licensing a~reement with
another State.
"Program" means the National Flood Insurance Program
authorized by the National Flood Insurance Act of 1968, as
may be amended.
"Beoreatlonal vehicle" means a vehicle which is:
(1) built on a single chassis:
(2) 400 ~qgare feet or less when measured at the
largest horizontal pro~ection: ,
¢3) designed to be self-propelled or permanently
towable by a light duty truck: an~
~4~ designed primarily not for use as a permanent
~welling but as temporary living ~uarters for recreational,
~ampin~, travel or seasonal use.
"Registered Professional Architect" means an architect
registered and/or licensed by the State of Florida to
practice architecture in Florida or who is authorized by the
State of Florida to practice architecture in Florida under a
reciprocal registration or licensing agreement with another
State.
"Registered Professional Architect: means an architect
registered and/or licensed by the State of Florida to
practice architecture in Florida or who is authorized by the
State of Florida to practice architecture in Florida under a
reciprocal registration or licensing agreement with another
State.
"Registered Professional Engineer" means an engineer
registered and/or licensed by the State of Florida to
practice engineering in Florida or who is authorized by the
State of Florida to practice engineering in Florida under a
10
Words Upderlined are added; Words $~=u=k-th=ou~h are deleted.
reciprocal registration or licensing agreement with another
State.
"Sand Ounce" means naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
"start of construction" (for other than new construction
or 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
repair, reconstruction, rehabilitation, addition or
improvement was within 180 days of the permit date. The
actual start means the first placement of permanent
construction of a structure (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 the 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 excavation for a basement,
footings, piers or foundations or the erection of temporary
forms; 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 structure.
For a substantial improvement, the actual stark of
construction means the first alteration of any wall. ceiling,
floor, or other structural Dart of a building, whether or not
that alteration affects the external dimensions of
"State" means the several States, the District of
Columbia, the territories and possessions, the Commonwealth
of Puerto Rico, and the Trust Territory of the Pacific
11
Words Underlined are added; Words St~k-~h~h are deleted.
"Structure" means a building, manufactured home, gas or
liquid storage tank or other man-made facilities or infra-
structure.
"Substantial QamaGe" means damage of any oriG~n
sustained bY a structure whereby the cost of restoring the
· tructure to its before damaged coDdition would ea~al or
exceed 50 percent of the market valu,~ of the structure before
the damaqe occurred.
"Substantial Improvement" means
~nYe,~y--~-H&s~e-P}sees~ any reconstruction,rehabili-
tation, addition, or other improvement of a structure, the
cost of which equals or exceeds 50 percent of the market
valuo 9f the structure before the "start of construction" of
the improvement, this term includes structures which have
incurred "substantial damaqe", regardless of the actual
repair work Performed. The term does not. however, include
either:
{1) AnY project, for ~mp¥ovement of a struGture
12
Words Underlined are added; Words S~ruek-%h=ough are deleted.
correct existing violations of state or local health.
~anitar¥. or safety code specifications which have been
identified bY the local code enforcement official and which
are the minimum necessary to assure safe livinq conditions:
(2) Anv alteration of a "historic structure", provided
~hat the alteration will not preclude the structure's
continued designation as a "historic structure".
"Variance" means a grant of relief from the requirements
of this Ordinance which permits construction in a manner that
would otherwise be prohibited by this ordinance.
"Violation" means the failure of a structure or other
development to be fully compliant with Collier County's flood
plain management regulations. 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 the documentation is provided.
"V-Zone" - see "coastal high hazard area".
"Water Surface Elevation" means the height, in relation
to the National Geodetic Vertical Datum (NGVD) of 1979, (or
other datum, where specified) of floods of various magnitudes
and frequencies in the flood plains of coastal or riverine
areas.
SECTION TWO: Amendments to Section 10 of Collier County Ordinance
No. 86-28, as amended.
Subsections (2) and (3) of Section 10, "Permit Requirements,"
of Collier County Ordinance No. 86-28, as amended, are hereby
amended to read as follows:
SECTION 10: Psrmit Requirements.
(2) The applicant shall provide a floor elevation
certification after the lowest floor is completed, or in
Words Underlined are added; Words S~=aek-%h=ough are deleted.
instances where the structure is subject to the regulations
applicable to Coastal High Hazard Areas, after placement of
the lowest horizontal supporting member of the lowest floor.
Within ~we.~¥-one-~ ~ calendar days of establish-
ment of the lowest floor elevation, or upon placement of the
lowest horizontal supporting member of the lowest floor,
whichever Is applicable, it shall be the duty of the permit
holder to submit to the B~d~g--Begar~men~ Compliance
Services Manaqer a certification of the elevation of the
lowest floor, or the elevation of the lowest portion of the
lowest horizontal supporting member of the lowest floor,
whichever is applicable, as built, in relation to mean sea
level. Said certification shall be prepared by or under the
direct supervision of a registered land surveyor or
professiona~ engineer and certified by same. Any work done
within the ~wen~y-~.e-~}} ~en (10) day calendar period and
prior to submission of the certification shall be at the
permit holder's risk. The Bu~}d~ng--Bepa=~mem~-ComDliance
Services Manager shall review the floor elevation survey data
submitted for conformance. Deficiencies detected by such
review~ shall be corrected by the permit holder immediately
and prior to further progressive work being permitted to
proceed, 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.
(~) Pr~or to the issuance of a Final Certificate of
Occupancy by the Bu~½d&ng--B½ree~ ~%~pliance Services
Manaqer, the applicant shall furnish the
e~e~ ComD~iance Services Manager with the following;
(i) a certification by a registered professional
engineer or registered professional land surveyor
that ~---~he the finished structure meets the
minimum base flood elevation indicated on the FIRM;
and,
Words ~ are added; Words 8~ek-~hreugh are deleted.
(ii) a certification by a registered professional
engineer ?ha~ that the construction of all pilings,
breakaway walls, and required flood proofing are in
compliance with this Ordinance.
SECTION THREE: Amendments to Section 11 of Collier County Ordin-
ance No. 86-28, as amended.
Subsection (2) of Section 11, "General Standards for Flood
Hazard Reduction" of Collier County Ordinance No. 86-28, as
amended, is hereby amended to read as follows:
SECTION 11, General Standards for Flood Hazard Reduction.
(2) New construction and substantial improvements in
the A Zones may be built on unconstrained but compacted fill
bu~--on~y--af~e~--rev~ew--by--~he--Bu~d~ng--B~ree~ if in
~LU~~~ Collier County Building Coda Ordinancm.
No significant water is permitted to flow from the subject
premises onto abutting properties or into adjoining waters
which are not County-approved drainage system(s).
SECTION FOUR: Amendments to Section 12 of Collier County Ordin-
ancs No. 86-28, as ammnded.
The Section Title and Subsections 1 (a), (b), (c) and
(d) of Section 12, "Specific Standards for V Zones," of
Collier County Ordinance No. 86-28, as amended, are hereby
amended to read as follows:
SECTION 12. S~ecific Standards for ¥-~enes Constructi~
Within Coastal High Hazard Areas.
(1) Coastal High Hazard Areas ~V-~nes~-located within
the areas of special flood hazard have special flood hazards
associated with high velocity waters from tidal surge and
hurricane wave wash; therefore the following provisions shall
apply:
15
Words Underlined are added; Words S~ruck-~hr~ugh ere deleted.
(a) Provide that all new construction and substan-
tial improvements in ~enes-V}-ae?-and-VEz-and-a½se-Hene
V---~f--BaseT--~eed--e~eva~en--~s--ava~½ab~ez--e~--~Me
eemm~n½t¥~s--F~RM the Coastal Hich Hazard Area are
elevated on pilings and columns so that (l) the bottom
of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to
or above the base flood level; and (ii) the pile or
column foundation and structure attached thereto is
anchored to resist flotation, collapse and lateral
movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind
and water loading values a one percent
shall
each
have
chance of being equalled or exceeded in any given year
(100-year mean recurrence interval). A registered
professional engineer or architect shall develop or
review 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 (i) and (ii) of this paragraph.
(b) All new, construction and substantial improve-
ments within ~e~es-V~-~eT-VE--a~d-V-~-%he--~emm~n~y&s
F~RM, ~he.~Q~l High Hazard Area shall have the space
below .he lowest floor either free of obstruction or
constructed with non-supporting breakaway walls, open
wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing
collapse, displacement, or other structural damage to
the elevated portion of the building or supporting
foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading
resistance of not less than 10 or no more than 20 pounds
per square foot. Use of breakaway walls which exceed a
16
Underlined are added; Words S~uek-~h=e~gh are deleted.
foot (either by design or when so required by local or
~ State Codes) may be permitted only if a registered
profe~olonal engineer or architect certifies that the
designs proposed meet the following conditions:
(i) breakaway wall collapse shall result from a water
~' load less than that which could occur during the
· base flood; and
(ii) the elevated portion of the building and supporting
%,~., foundation system shall not be subJ.ct to collapse,
displacement, or other structural damage due to the
: effects of wind 9/1 building components (structural
i: and non-structural), Maximum wind and water
,i'I loading values to be used in this determination
shall each have one percent chance of being equaled
~'~ or exceeded in any given year (lO0-year mean
recurrence interval).
Such enclosed space shall be usable solely for parking
! .... o! vehlclel, building access, or stornge.
il, (c) All swimmina Dools within the Coastal High Hazard
~; Area shall be anchored to a Dile or column foundation to
resist flotation, collapse and lateral movement due to the
effects of wind and water loads actina simultaneously on the
pool.
'~, Exception: Above ~rou~d Dools for the private use of a
one or two family dwellinos, that are constructed with a
vinyl liner as the main component,
~e~ {d) It is prohibited to use fill for structural
support of buildings within
eemman&~y~s-PfRM the Coastal High Hazard Area.
~ (el It is prohibited to alter sand dunes and
mangrove stands, within ~ones--V*-~e7-¥~-and--¥-em-%he
eemmun&ty~s--F~RM the Coastal HiQh Hazard Area if the
Pro~ect Review Manager determines that such alteration would
17
Words Underlined are added; Words S~ruek-through are deleted.
increase potential flood damage.
SECTION FIVE: Amendments to Section 14 of C~llier County Ordin-
ance No. 06-28, as amended.
Section 14, "Regulations for Manufactured Homes," of Collier
County Ordinanca 86-28, as amended, are hereby amended to read as
follows:
Section 14. Regulations for Manufactured Homes and
Recreational VehicleS.
(1) No manufactured home shall be placed in a floodway
or Coastal high hazard area ~¥-~sne~ except in an existing
manufactured home park or existing manufactured home subdivi-
sion.
(2) All manufactured homes placed, or substantially
~~ individual lots or parcels, in expansions to
existing manufactured home parks or subdivisions, must meet
all the reouirements for new construction, including eleva-
tion and anchorinG.
~f {3) Ail manufactured homes to be placed or substan-
tially improved in an existing manufactured home Dark or
subdivision w~h~m--zenes--A~-~e?--AH?--an~--A~--e~--ee~e~
eeun~yAs--F~RMs must be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or
above the base flood elevation; and securely anchored to an
adequately anchored foundation system in accordance with the
provisions of this ordinance. This paragraph applies tel
¢i) ~anufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision.
(ii~ -Th~s-~ara~ra~h--~ees-~et--a~p~y-~e m~anufactured
homes to be placed or substantially improved in an
existing manufactured home park or subdivision~
except where the repair, reconstruction, or
18
Words Underlined are added; Words St~uek-~h~ough are deleted.
038
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 has commenced.
~. Existinq manufactured homes that are substantially
improved will reauire reinforced Diets or other
foundation elements that are no less than thirtv-
'~i six inGbes (~") in heiqht above qrade or have
their lowest floor at or above the base flood
',i~ elevation if this allows for use of a lower
~: foundation.
· {iii) Manufactured homes in existinq manufactured home
Darks or subdivisions shall be elevated thirty-six
inches ¢36") above finished qrade on reinforced
piers when the repair, reconstruction, or
imDrovemsnt of th9 streets, uti~ities and Dads
· equals or exceeds ~0 PercePt o~ the value of the
streets, u~ilities and p~ds before the repair,
r~¢onstruction or improvement has commenced.
~4} ~11 manufactured home parks or subdivisions must
develop, and have approved bv the Emerqencv Manaaement
DePartment of Collier CountY, a Plan for evacuatinq the
residents of existin~ manufactured home parks or subdivi-
sions.
!~ (5) ~guire that recreational vehicles placed on sites
within Zones Al-30, AH and AE on the community's FIRM either:
fi} Be on the site for fewer than 180 consecutive days.
{ii) Be fullv licensed and ready for hiqhwav use. or
(iii) Meet the permit requirements of ParaqraDhs
(2) or ¢3) of this SeGtioB and the elevation and
a~chorinq requirements for "manufactured homes" in
accordance with this Ordinance.
A recreational vehicle is ready for hiqhwav use if it is on
its wheels or Jackinq system, is attached to the site only by
19
Words Underlined are added; Words S~z"cteh-%hre~te3h are deleted.
auick discoDnect typ9 utilities and security devices, and has
no DermaDentl¥ attached additions.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance
of Collier County or other applicable law, the more restrictive
shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent Jurisdic-
tion, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
velidity of the remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commission-
.r. of..conier county. Florida. this /7 of .
~.~6'". ....
... <.. BOARD OF COUNTY COMMISSIONERS
~AI~ES"C~,G'I~.ES, Clerk COLLIER COUNTY, FLORIDA
MAX A: HASSE,'JR., ChaiFrman
'"' ~d~'~s to Form and
lal, 'Sufficiency
Assistant County Attorney e~d ~ckno~14kJgem _(~t of tt~t
rnms/hn/ord/lO~O
::~s, .' ' 20
Words ~nderlined are added; Words S~k-~h~h are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 90-31
which wee adopted by the Board of County Commlaatonara on
the l?th day of April, 19go, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commieeloners of Collier County, Florida, this 23rd
day of April,
Clerk of Courts and Clerk' '
Ex-officio to Board of ~.'" ~ '
County Commissioners ' "
Deputy Clerk
,OOK