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Ordinance 87-080ORDINANCE NO. 87- 8Q AN ORDINANCE A/~ENDING COLLIER COUNTY ORDINANCE'. N(~'~'6-28, AN ORDINANCE RELATING TO FLOOD DAMAGE P~ENTION; A~4ENDING SECTION 5, DEFINITIONS, T~_j AD~'~HE FOLLOWING DEFINITIONS: "ADDITION (TO AN. EX~.~bTING BUILDING)", "EXISTING MANUFACTURED HOME: P.~,~ OR SUBDIVISION", EXPANSION TO AN EXISTING~' ~N~FACTURED HOME, PARK OR SUBDIVISION", ~ .~, UFACTURED HOME", "START OF CONSTRUCTION", "V~. LATION", "V ZONE", "WATER SURFACE ELEVATION" AN~TO DELETE DEFINITIONS OR PARTS OF DEFINITIONS RELATING TO MOBILE HOMES; AMENDING SECTION 11 TO ADD SUBSECTION THIRTEEN (13) RELATING TO METER ENCLOSURES; AMENDING SECTION 12(i) ' TO DELETE SUBPARAGRAPH (d) RELATING TO THE PROHIBITED PLACEMENT OF MOBILE HOMES; AMENDING SECTION 14 TO DELETE SUBPARAGRAPHS (2), (3) and (4), TO DELETE REFERENCES TO "MOBILE" HOMES AND REPLACE WITH "MANUFACTURED" HOMES AND TO ADD A NEW SUBSECTION (2) RELATING TO THE PLACEMENT OF ~L~NUFACTURED HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County has adopted a Flood Damage Prevention Ordinance in order to participate in the National Flood Insurance Program (NFIP) which provides federal insurance and assistance to communities having special flood hazards; and WHEREAS, the Federal Emergency Management Agency (FEMA) has proposed and adopted certain revisions to the Federal regulations which require that NFIP communities revise their flood plain management regulations to comply with the revised regulations; and WHEREAS, the revised regulations' became effective on October 1, 1986, and it is required that Collier County amend its flood plain regulations at the earliest possible date; and 9~EREAS, Collier County wishes to comply with the final rule prox~ulgated by the Federal Emergency Management Agency and to continue the County's participation in the National Flood Insurance Program by the amendr..ont of the County's flood plain management Ordinance in accordance with said Rule; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that Collier County Ordinance No. 86-28 is hereby amended as follows: SECTION 1. Statutory Authorization The Legislature of the State of Florida has in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. SECTION 2. Findings of Fact (1) The flood hazard areas of Collier County are subject to periodic inunda~i~ which could ~esult in loss of life, property damage, 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 could adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by structures vulnerable to floods which are inadequately otherwise inadequately or hazardous to the lands elevated, floodproofed, or protected from flood damages. SECTION 3. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2} To minimize expenditure of public money for costly and environmentally unsound flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; 2 (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; (7) To insure to 'the greatest 'degree possible that potential home buyers are notified~that property is in an area of special flood hazard; and, (8) To insure that those who occupy the areas of special flood hazard assume responsibilities for their actions. SECTION 4. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 5. Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Administrator" means the Federal Insurance Administrator. "Appeal" means a request for a review of the chief Administrative Official's interpretation of any provision of 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 Buildin~ 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 ~looding 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 area is designated on the FIRM as ZONE Vl-30 and VE or V. "County" whenever used shall mean Collier County, Florida. Words Underlined are added~ Words S~ue~-~h~u~h are deleted. "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. "Enclosed 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-FIRM Construction" means structures for which the "start of construction" commenced before September 14, 1979, the effective date of Collier County's first FIRM. "Existing M~B&~e Manufactured Home Park Or Subdivision" m~=e-m~i~e-49x~me~-~-f~m-~ene manufactured home park for which the construction of facilities for servicing the lot on which the m~B&~e-%~zm~e-~-s 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. s~e--~~-~--~he--~~-~--e~ne~e~e--~--~--~he e~ns~ee~n-~-s~ee~s~-was-e~mp~e~e~-Be~e-SepeemBe~-~7-~9~9~ "Existing Structure" means a structure for which the "start of construction" co~enced before September 14, 1979, the effective date of Collier County's first FI~. "Expansion To An Existing M~b~e Manufactured Home Park Or M~b~e-~ Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on Wordm Underlined are added~ Wordm ~e~-~,½ are deleted. which the meb~e manufactured homes are to be affixed (including the installation of utilities, either final site grading or 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 roon, or bedroom, or office, or professional or private school or studio occupancies, workshop, or other such uses. "FIRM" shall 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 Words Underlined are added; Words $~ue~-~h~ough are deleted. other applications of police powers. The term 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 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." "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. "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, useable 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 maintenance equipment used in connection with the premises is not considered the building's lowest floor provided that t~.~rg~{~6]~s not contain Words Underlined are added; Words ~t~uek-~h~e~h are deleted. machinery or equipment which is part of the building (attached to the building) and provided that the garage walls 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. 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 mostly low trees noted for a copious development of inter- lacing 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 a structure, 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 permanently placed on a site and intended to be improved property. A travel trailer or park trailer shall be presumed to be a vehicle and not a manufactured home only if the following conditions exist: (1) The travel trailer or park trailer has current licenses ~equired for highway travel; and (2) The travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on its wheels or in%ernal jacking system and attached to its site only by the quick disconnect type utilities commonly used in campgrounds and trailer parks or by security devices. No permanent additions to a travel trailer or park trailer shall be permitted. "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. Words Underlined are added; Words $~ue~-~h~h are deleted. "Mean Sea Level" means the average height of the sea for all stages of the tide. Also, see National Geodetic Vertical Datum ( NGVD ) . dwe~&ng-w&eh-e~-e~-the-~e~½ew&ng-ehe~ee~e~&s%&es= eeeemme~ee&ems~-m-~usb-ee&~ee~-m-euB-e~-sMewe=-Bee~T-en~-k&ec~en eemp&e~e~-&ne~d&ng-ma~o~-app&~anees-and-~n&~areT-an~-ready-~o~ eeeupamey-exeepe-~~~~~~-m~-asse~y epe~ae&ems~-~-en-~-e~-~-eempe=a~y-~-permanene eens&~e=e~-as-a-meB&~e-Bemev pe~ce&-~-~~-me~&~e-~~-~-se~-~~-~e~ ee~e-~-~-~e~k~g-~-me~e-~-~-}~-~-e~eeg~mg 'National Geodetic Vertical Dat~ (NG~)" means National Geode~ic Vertical Dat~ of 1929 (formerly called Mean Sea Level Datum of 1929). The vertical control dat~ used ~o establish the flood elevations. "New Construction" means structures for which the "s~art of construction" co.anted on or after September 14, 1979. 9e=ce~-~-~~~~-~en~-~~~~m-mc=e Word~ Und,rli. ned arm arld~d; Word.~ .~wMet~-~bw~,b arm "Person" includes any individual or group of individuals, corporation, or any other organized group of persons, including State and local governments and agencies thereof. "Program" means the National Flood Insurance Program auth- orized by the National Flood Insurance Act of 1968, as may be amended. "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 reciprocal registration or licensing agreement with another State. "Sand Dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. 10 Words Underlined are added; Words S~uek-~h~e~h are deleted. "Start of Construction" (£or other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348) f includes substantial improvement, and means the date the building permit was issued, provided the actual start of constructions, repairf reconstruction, 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 pq~ring 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 preparationr 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 buildin~s~ such as garages or sheds not occupied as dwelling units or not part of the main structure. "State" mean the several States, the District of Columbia, the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands. "Structure" means a building, mobile manufactured home, gas or liquid storage tank or other man-made facilities or infra- structure. "Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a} before the improvement or repair is started, or (b) if the Words Underlined are added; Words structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "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 cf a structure or other development to be fully compliant with Collier County's flood plain manaqement 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 hei~htl .in relation to the National Geodet£c Vertical Datum (NGVD} of 1929~ (or other ~tum~ where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. SECTION 6. Lands To Which This Ordinance Applies (1) This Ordinance shall apply to all areas of special flood hazard in the unincorporated area of Collier County, Florida and identified by the Federal Insurance Administration in its Flood Insurance Rate Map (FIRM), dated June 3, 1986, and any revisions thereto. SECTION 7. Exemptions (1} MeB&½e Manufactured homes to be placed in an. existing meB~e manufactured home park shall be exempted from 12 Words Underlined are added; Words S~e~-~h~h are deleted. the requirements of this Ordinance provided such manufactured home park is not expanded or undergoes substantial improvement as defined herein. SECTION 8. Basis For Establishing The Areas Of Special Flood Hazard The areas of special flood hazard as identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study" for Collier County, Florida unincorporated area, dated June 3, 1986, with accom- panying Flood Insurance Rate Maps, dated June 3, 1986, are the basis for establishing the areas of special flood hazard. The Flood Insurance Study and accompanying FIRM shall be on file and be open for public inspection in the office of the Clerk to the Board of County Commissioners located in Building "F", Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida 33962. SECTION 9. Development Permit Required It shall be a violation of this Ordinance for any person start a development on land located within the areas of special flood hazards without first having obtained a development permit from the Chief Administrative Official. SECTION 10. Permit Requirements (1) Application for a Development Permit shall be made by the property owner to the Chief Administrative Official on forms furnished by him and may include, but not be limited to, the following data and information: (a) Plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of materials; drainage facilities, and the location of the foregoing. (b) Elevation in relation to NGVD of the lowest floor of all proposed structures. (c) Elevation in relation to NGVD to which any non- residential structure is to be floodproofed. 13 Words Underlined are added; Word.q (2) (d) A certification of design plans from a registered professional engineer or registered professional architect that the non-residential floodproofed structure meets the design standards floodproofing criteria in SECTION 11(4) of this Ordinance. (e) Description of the extent to which any natural waterway will be altered or relocated as a result of proposed development. (f) Location and NGVD elevation of bench mark or site which will remain until Certificate of Occupancy has been issued. The applicant shall provide a floor elevation certifi- cation after the lowest floor is completed, or in instances where the structure is subject to the regu- lations applicable to Coastal High Hazard Areas, after placement of the lowest horizontal supporting member of the lowest floor. Within twenty-one (21) calendar days of establishment 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 Building Department 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 pre- pared by or under the direct supervision of a regis- tered land surveyor or professional engineer and certified by same. Any work done within the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Building Department shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder 14 Words Underlined are added; Words $~e~-~h~o~h are deleted. 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. (3) Prior to the issuance of a Final Certificate of Occupancy by the Building Director, the applicant shall furnish the Chief Administrative Official with a certi- fication by a registered professional engineer or registered professional land surveyor that; (i) The finished structure meets the minimum base flood elevation indicated on the FIRM; and, (ii) That the construction of all pilings, breakaway walls, and required flood proofing are in compli- ance with this Ordinance. SECTION 11. General Standards For Flood Hazard Reduction In all areas of special flood hazards the following provisions are required: (1) Ail new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure. (2} New construction and substantial improvements in the A Zones may be built on unconstrained but compacted fill but only after review by the Building Director. No significant water is permitted to flow from the subject premises onto abutting properties or into adjoining waters which are ~otcounty-approved ~rainage system/s). (3) Residential Construction - New construction or substan- tial improvement of any residential structure shall have the lowest floor, elevated to or above the base flood elevation. (4) Non-residential Construction - New Construction and substantial improvements of non-residential structures shall, (i) have the lowest floor (including basement) elevated to or aPove the base flood level or, (ii) together with the attendant utility and sanitary Words Underlined are added; Words St~e~-~h~h are deleted. (5) (6) (7) facilities, be designed so that below the base flood level the structure is essentially waterproofed with walls substantially impermeable to the passage of water and with structural components having the capability of resisting kydrostatic and hydrodynamic loads and effects of buoyancy. Flood proofing is prohibited in the velocity (V) zones. The property owner shall provide a certification by the registered professional engineer or registered professional architect that the design standards of this subsection are satisfied. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All new construction or substantial improvements shall be constructed by methods and practices that will minimize flood damage; Openings - all new construction and substantial improve- ments with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional ~ngineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above the level of the floor they are to service. Openings may be equipped with 16 Words Underlined are added; Words ~ue~-~h~h are deleted. screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (8) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (9) New and replacement sanitary sewage systems shall be designed to minimize or eliminate inflow of flood waters into the systems and discharges from the systems into flood waters; and, (10) On-site waste disposal systems (including septic tanks) shall be designed and/or located to minimize or eliminate impairment to them or contamination from them during flooding. (11) Emergency generators for standpipe systems in accor- dance with the requirements of the Collier County Building Code or other applicable Collier County Ordin- ances must be located above the base flood elevation level and all fuel tanks for said generators must be waterproofed and vented above the base flood elevation level. (12) Electrical transformer and/or switching vaults, pad mounted transformers, pad mounted switches and related facilities shall be permitted as independent units below the minimum flood elevation level. Such struc- tures may be located within or outside a building and are not required to be waterproofed or constructed with breakaway walls provided it is certified by a regis- tered professional engineer or a registered profes- sional architect that it will not adversely affect the structural integrity of the building in which it is located or any part thereof. (13) All meter enclosures for self-contained electric kilowatt hour meters serving buildings shall be located above the base flood elevation. If complying with this 17 Words Underlined are added; Words $~e~-~h~o~h are deleted. ~egulation results in a vertical distance from finished grade to the center of the meter or meters of more than six feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four to six feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi-unit buildings, meters and meter enclosures will be allowed within the building provided they are above the base flood elevation and located in meter rooms. SECTION 12. Specific Standards For V Zones (1) Coastal High Hazard Areas (V Zones) - 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: (a) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base flood elevation data is available, 6n the community's FIRM, are elevated on pilings and columns so that (i) 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 floatation, collapse and lateral movement due to the effects of wind and water 1.,ads acting simultaneously on all building components. Wind and water loading values shall each have a one percent 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 improvements within Zones Vl-30, VE and V on the community's FIRM shall 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 col- lapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 or no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resist- ance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional 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 would occur during the base flood; and (ii) 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 19 Words Underlined are added; Words $~ek-~h~ugh are deleted. building non-structural). Maximum wind loading values to be used determination shall each have components (structural and and water in this one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (c) It is prohibited to use fill for structural support of buildings within Zones V1-30, VE and V on the comm- unity's FIRM; ~--~--i--o.-~-~.c,--~e~e-~.~.-~~-,e.~.c.e.~:~--~n F~RM~ ~e} .(d) It is prohibited to alter sand dunes and mangrove stands within Zones V1-30, VE and V on the co~unity's FI~ if such alteration would increase potential flood damage. SECTION 13. Regulations Within The Floodways (1) ~en floodways are designated within areas of special flood hazard, additional criteria will be met. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provision shall apply: (a) Prohibits encroac~ents, including fill, new construction, substantial improvements and other developments unless the property owner provides a certification by a professionaT registered engineer demonstrating that encroac~ents not result in a significant increase in levels during occurrence discharge. 2O of the base shall flood flood SECTION 14. Regulations For ~anufactured Homes (1) NO meb~½e manufactured home shall be placed in a floodway or coastal high hazard area (V-Zone) except in an existing moB~e manufactured home park or existing meb&~e manufactured home subdivision. (2) All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on Collier County's FIRMs 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 be securely anchored to an adequatel~ anchored foundation system in accordance with the provisions of this ordinance. This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstructionr or improvement of the streetsr utilities and pads equals or exceeds 50 percent of the value of the streets~ utilities and pads before the repairt reconstruction or improvement has commenced. e~Bseene~a~-~mp~e~emene-e~-an-ex~s~n~-meB~½e-heme-pe~ haza~&-e~ea-~V-genef~ ~B~--A½~---mo~-l-e---hemes---s~a-~--~e---~eh~-c%--~'-o---~es~s% eve~-ehe-eep--amd--~ame--~es--ee--~e~nd--enehe~s--as 02.'8 276 ~e~--~-~he-~s~ee-o~-e~ev~o~-e~-~s~--~-~o~s A~ subdivision p~a~s sh~ be cons~s~en~ w~h ~he need ~o m~n~m~ze E~oo~ (2) A~ subdivision p~a~s sha~ have facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood d~age. (3) Ail subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be shown on the Master Subdivision Plan. (5) All final plats presented for approval shall clearly indicate the finished elevation above NG~ of the roads, the average finished elevation above N~D of the lots or homesites, and the minim~ base flood elevation above NGVD as required in this Ordinance. 02'8 277 22 SECTION 16. (2) SECTION 17. Administration~ Designation Of The Chief Administrative Official The Chief Administrative Official or his designee is hereby appointed to administer and implement the provisions of this Ordinance. Duties and Responsibilities of the Chief Administrative Official shall include, but not be limited to: (a} Review all development permits to assure to the extent possible that the permit requirements of this Ordinance have been satisfied. (b) Review permits for proposed development to assure to the extent possible that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (c} Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions}, the Chief Administrative Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given the opportunity to appeal the interpretation as provided in SECTION 17 of this Ordinance. (d) All records pertaining to the provisions of this Ordinance shall be maintained in the office of the Chief Administrative Official and shall be open for public inspection. Appeal Procedure The Board of Zoning Appeals, as established by the Collier County Board of County Commissioners,. shall hear and decide appeals from the requirements of this Ordinance. :23 (2) The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Chief Administrative Official in the enforcement or administration of this Ordinance. Such appeal shall be filed by the Appellant with the Board of Appeals within five (5) days of the alleged error, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Chief Administrative Official. (3) There shall be a $50.00 filing fee for each appeal applied for. (4) 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. SECTION 18. Variance Procedure (1) The Board of Zoning Appeals, as established by the Collier County Board of County Commissioners, shall hear and decide requests for variances from require- ments of this Ordinance. (2) All variance petitions shall be filed with the Chief Administrative Official on forms provided and shall include data and information deemed appropriate and necessary by the Chief Administrative Official. There shall be a $100.00 filing fee for each variance applied for. (4) 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 the remainder of this section. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 24 (6) (7) Variances shall only be issued upon: (a) A showing of good and sufficient cause. (b) A determination that failure to grant the variance would result in exceptional hardship to the appli- cant. (c) A determination that the granting of a variance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. In passing upon a variance, 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 to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the plan and flood plain management program for the area; (i) The safety of access to the property in.times of flood for ordinary and emergency vehicles; 25 (j) (k) 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; The costs of providing during and after flood governmental services conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges, and; (1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (m) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of (a) through (1) of this section are met. (n) Generally, 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 base flood level, providing items (a) through (1) have been fully considered. (8) Upon consideration of the factors listed above and the purposes 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. (9} 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. 028 , 281 Words Underlined are added; Words ~e~-~h~m~h are deleted. (10) Any applicant, to whom a variance is granted, shall be given written notice that when a structure is permitted to be built with lowest floor elevation below the base flood elevation the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) The Chief Administrative Official shall maintain the records of all variance actions and report any vari- ances to the Federal Insurance Administration upon request. SECTION 19. Abrogation And Greate~ Restrictions (1) This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (2) 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 (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION 20. 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 areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Collier County 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. Words Underlined are added; Words Se~ue~-th~eu~h are deleted. SECTION 21. Enforcement; Penalties (1) Any person or entity who violates any provision of this Ordinance shall De punished as provided by law. (2) In addition to the criminal penalties provided in SECTION 21 (1), power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION 22. Repeal Collier County Ordinance No. 79-62 and Collier County Ordinance No. 85-54 are hereby repealed in their entirety as of the Effective Date of this Ordinance. SECTION 23. Severability It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or uncon- stitutional, such invalidation or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION 24. 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 Commissioners of Collier County, Florida, thisd~day of ///~~, 1987. ~i' ."ATTEST:"/ t:,. BOARD OF COUNTY COMMISSIONERS .~'~'~ COLLIER COUNTY, FLORIDA ~:. JAMES C. G.~ES, Clerk '" '"'~'~~ ~ '~X- ~ HASSE, JR., Chai~ Approved as to form and legal sufficiency: Kenneth B. Cuy ~' Collier County Attorney 28 Words Underlined are added; Words Se~uek-eh~a~gh 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 is a true copy of: ORDINANCE 87-80 which was adopted by the Board of County Commissioners on the 6th day of October, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of October, 1987, County ,Commissioner~'.~ .... i By: Virginia Magri.,:.. ' ..".-~ Deputy Clerk ?F-'~'"2'" '+ JAMES C. GILES ~'¢ .... . Clerk of Courts an~.-'Clerk " Ex-officio to Boa.rd ..:~ BOOK ar, r