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Ordinance 86-28 ORDINANCE NO. 86-,~8.. AN~.~RDINANCE RELATING TO FLOOD DAMAGE PREVENTION; PROVIDING FOR STATUTORY AUTHORIZATION.; PROVIDING FINDINGS OF FACT; PROVIDING A $1~._~MENT OF FOR pURP'OSE; PROVIDING METHODS OF RED~ .' FLOOD LOSSES; PROVIDING FOR DEFINITIONS; SETTING FORTH LkNDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING FOR EXEMPTIONS; PROVIDING A BASIS FOR ESTABLISH- ING THE AREAS OF SPECIAL FLOOD HAZARD; SETTING RTH A DEVELOPMENT PERMIT REQUIREMENT; PROVIDING RMIT REQUIREMENTS; PROVIDING GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC STANDARDS FOR "V" ZONES; PROVIDING REGULATIONS WITHIN THE FLOODWAYS; PROVIDING REGULATIONS FOR MOBILE HOMES; PROVIDING STANDARDS FOR SUBDIVISION P~%TS; PROVIDING FOR ADMINISTRATION AND DESIG- NATION OF THE CHIEF ADMINISTRATIVE OFFICIAL; PROVIDING AN APPEAL PROCEDURE; PROVIDING A VARI- ANCE PROCEDURE; PROVIDING INTENT AS TO ABROGATION OF EXISTING RESTRICTIONS AND INTERPRETATION OF RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR PENALTIES AND ENFOR- CEMENT; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NOS. 79-62 AND 85-54; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the County has received from the Federal Insurance Administration a flood insurance rate map which delineates the areas subject to severe flooding within the County, and WHEREAS, Federal regulations provide that federally-related financial assistance and insurance will not be available in any community having special flood hazards, unless the co~unity adopts flood plain management regulations meeting minimum federal standards; and WHERF~AS, it is the intent of the Board of County Commissioners of Collier County to continue the participation in a program designed to protect lives and new construction from '!.~t future flooding by adopting an ordinance meeting federal....~ .,':~...~','.~ standards. , NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Ff0rida: SECTION 1. Statutory Authorization The Legislature of the State of Florida has in Chapter ~25, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promgte the public health, safety, and general welfare of its citizenry. SECTION 2. Findinqs of Fact (1) The flood hazard areas of Collier County are subject to periodic inundation which could result in loss of life, property damage, health and safety hazards, di:~ruption of commerce and governmental services, extraordinary public expenditures for flcod 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 or hazardous to the land~ which are inadequately elevated, floodproofed, or otherwise inadequately 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 pL.blic 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 unde:~taken at the expense of the general public; (4)To minimize prolonged buslness interruptions; (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 he].p maintain a stable tax base by prowiding for the sound use and development of flood-prone area~, 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 s]~ecial 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 dang~rous to health, safety, and property due to Water oI erosion hazards, or which result in damaging incr,~ases in erosion or in flood heights or velocities; (2; Requiring that uses vulnerable to floods, including facilities which serve ~uch uses, be protectef, against flood damage at the time o~ initial construction; (3) Controlling the alteration of natural flood pl~ins, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and otker development which may increase flood damage; a~d, (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 ~n this ordinance shall be interpreted so as to give them the meaning they have in common usage ~nd 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. "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 d~signated on the Flood Insurance Rate Map (FIRM). "Base flood" means the flood having a one percent ~hance of being equalled or exceeded in any given year. "Breakaway wall" means a wall that is not par5 of the structural support of the building and is intended through its dezign and construction to collapse under specific lateral loading forces without causing damage to the elevated ~ortion of the building or the supporting foundations syste~. "Building" means any structure containing one or more enclosed areas, permanently affixed to the ground, 13uilt fcr shelter or enclosure for any occupancy or storage. "Chief Administrative Official" wherever used shall mean the person or persons designated by the County Manag,~r to be responsibl, 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 FI.%M as ZO~E V1-30 and VE or V. "County" whenever used shall mean Collier County, Florida. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, gradings, 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 pe~it 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. 3'30 "Existing Mobile Home Park" means a parcel (or contiguous parcel) of land divided into two or more mobile home lots for rent for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) was completed before September 14, 1979. "Existinq Mobile Home Subdivision" means a p~rcel (or contiguous parcels) of land divided into two cr more mcbile home lots for sale for which the construction of facilnties for servicing the lot on which the mobile home is to be affixed (including, at a minimum, installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) was completed before September 14, 1979. "Existing Structure" means a structure for which the "start of construction" commenced before September 14, ].979, the effective date of Collier CountY's first FIRM. "Expansion To An Existinq Mobile Home Park Or Mobile Home Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouz[ng 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" shall mean the Flood Insurance Rate Map. "Flood" or "floodinq" 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. 5 'Flood elevation determination' means a determ£nation 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 co--unity. '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 sut=eptible 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 describes such state or local regulations, in any combination thereof, which ~rovide standards for the purpose of flood damage pre,,ention and reduction. 'Floodproofed Buildinqs' 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 inc::easing the water surface elevation more than one foot. "Functionally Depende~t._Usej" means a uae which cannot perform its intended purpose unless it is located or =arried 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 g:zound 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 ~reakaway 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 the area does not contain machinery or equipment %~ich 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 5ot 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 tr.~es 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 ~erminans}; red mangrove (Rhizophora mangle); white mangrove (Lan~uncularia racemosa); and buttonwood (Conocarpus erecta). "Map" .means the Flood Insurance Rate Map (FIRM) for Collier County, Florida issued by the Federal Insurance Adm:.nistration having an effective date of June 3, 1986, as may be am,mded. "Mean Sea Level" means the average height of the sea for all stages of the tide. Also, see National Geodetic Vertical Datum (NGVD). "Mobile Home" A mobile home is a detached single-family dwelling with all of the following characteristics: (a) designed for long-term occupancy and containing sleeping acco~u, odations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highways on its 'own '#heels, and (c) arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on Jacks' or other temporary or permanent foundations, connection to utilities and the like. A travel trailer, motor home or recreational vehicle is not to be considered as a mobile home. "Mobile Home Subdivision" A mobile home subdivision ia a parcel of land where mobile home sites are sold or offered for sale for the parking of mobile homes for living or sleeping purposes, and including any land, buildings, structures, or facilities used by the occupants of the mobile home subdivision. "National Geodetic Vertical Datum (NGVDI" means National Geodetic Vertical Datum of 1929 (formerly called Mean Sea Level Datum of 1929). The vertical control datum used to e~tablish flood elevations. "New Construction" means stru6tures for which the "start of construction" commenced on or after September 14, 1979. "New Mobile Home Park Or Mobile Home Subdivisi,~n" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the con~truction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of 13treets) was completed on or after September 14, 1979. "Person" includes any individual or group of individuals, corporation, or any other organized group of persons, including State and local governments and agencies thereof. "Pro,ram" 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 ,)f 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 a.n 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. "Start Of Construction" means the first placement of permanent construction of a structure (other than a mobile home} on a site, such as the pouring of slabs or footings er any work beyond the stage of excavation. 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 pr6perty of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. 9 For mobile homes not within a mobile home park or mobile home subdivision, 'start of construction' means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, '~tart of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to b(~ affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. '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 home,' gas or liquid storage tank or other man-made facilities or infrastructure. "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 structure has been damaged and is being restored, be fore 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 str'~cture. The term does not, however, include either (1) any project for improvem~nt 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 Pl%ces. "Variance" means a grant of relief from the requir(~ments of this Ordinance which permits construction in a manner that would otherwise be prohibited by this Ordinance. 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 --- "' m County, Florida and identified by ~he Federal Insurance Administration in its Flood Insurance Rate Map (FIRM), dated June 3, 1986, and any revisions thereto. SECTION 7. Exemptions (1) Mobile homes to be placed in an existing mobile home park shall be exempted from the requirements of this Ordinance provided such mobile home park is not expanded or undergoes substantial improvement defined herein. SECTION 8. Basis For Establishing The Areas Of S~ecial Flood ~azard The areas of s~ecial 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 p¢'rson to start a development on land located within the areas of special flood hazards w~thout first having obtained a development permit from the Chief Administrative Official. SECTION 10. Permit Requirements ~ (1) Applic~tion for a Development Permit shall be made b~ the property owner to the Chief A~ministrative 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. (2) (b) m Elevation in relation to NGVD of the 1owes= floor of all proposed structures. (c) Elevation in relation to NGVD to which an? non- residential structure is to be floodproofed. (d) A certification of design plans from a registered professional engineer or registered prof, ssional architect that the non-residential floodproofed structure meets the design standards floodproofing criteria in SECTION 11(4) of this Ordinances. (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 16west 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 m;mber 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 low,st floor, whichever is applicable, as built, in ralation to mean sea level. Sai~ certification shall be pre- pared by or under the direct supervision of a regis- tered land surveyor or professional engine(~r 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. 12 The Building Department shall review t'~e floor elevation survey data submitted. Deficiencie~ detected by such review shall be corrected by the per~it hol&er 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 certification by a registered professional enctineer or registered professional land surveyor that; (i) The finished structure meets the min:hmum base flood elevation indicated on the FI~; and, (ii) That the construction of all pilings,, break- away walls, and required flood proofhng are in compliance with this Ordinance. SECTION 11. General Standards For Flood Hazard Reduction In all areas of special flood hazards the following provisions are required~ (1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure. (2) New construction and substantial improvements ia the A Zones may be built on unconstrained but compacued 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 not county-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 ba~e flood elevation. (4) Non-residential Construction - New Constructi~n and substantial improvements of non-residential structures (5) (6) (7) shal~., (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with the attendant utility and sanitary facilities, be designed so that below the base flood level the structure is essentially waterprocJfed with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic 1Dads and effects of buoyancy. Flood proofing is prohibited in 'the velocity (V) zones. The property o~er shall provide a certification by the registered professional engineer or registered professional architect, that the design standards of this subsection are'satisfied. Ail new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities th%t are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Ail 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 lo%,est floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forE:es on exterior walls by allowing for the entry and exit of fl~mdwaters. Designs for meeting this requirement m~st either be certified by a registered professional engineer or architect or ~eet 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 023,,,,340 14 they are to service. Openings may be equipped frith screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry ar.d exit of floodwaters. (8) Ail new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (9} New a,d replacement sanitary sewage systems shall be designed to minimize or eliminate inflow of flood water~ into the systems and discharges from the 3ystems into ~lood waters~ and, (10) On-si:e waste disposal systems (including septic tanks} shall be designed and/or located to minimaze or eliminate impairment to them or contamination from them durin.; flooding. (11) Emerg.~ncy generators for standpipe systems in accordance with the ~equirements of the Collier County Build..ng Code or other applicable Collier County Ordin~tnces must be located above the base flood elevation level and all fuel tanks for said generators must ~e waterproofed and vented above the bas~ flood elevation level. (12) Electrical transformer and/or switching vaults, pad mount~d transformers, pad mounted switches and related facilities shall be permitted as independent units below th~ minimum flood elevation level. Such struc- tures may be located within or outside a buildin~ and are not required to be waterproofed or constructed w%th breakz.way walls provided it is certified by a regis- tered professional engineer or a registered profes- sional, architect that it will not adversely aff.~ct the structural integrity of the building in which it is located or any part thereof. SECTION 12. S$~cific Standards For V Zones (1) Coastal High Hazard Areas (V Zones} - located within the a::eas of special flood hazard have special flood hazards associated with high volocity waters from tidal sur~le and hurricane wave was~ therefore, the following provisions shall apply] Ca} Provide that all new construction and substantial improvements in Zones V1-30 and VE, and ~.lso Zone V if base flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i} the bottom of the lo. est horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level~ and (ii) the 9ils or column foundation and structure a=tach~d thereto is anchored to resist flotation, collapse and lateral movement due to the effects o[ wind and water loads acting simultaneously on all building components. Wind and water load:~ng ~alues shall each have a one percent chance of being equalled or exceeded in any given year (100-year mean recurrence interval). A r~gistered l,rofessional engineer or architect shall develop or review the structural design, specifications ~nd 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. Cb) A~i new construction and substantial improvements within Zones V1-30, VE and V on the commun:.ty's. F2RM shall have the space below the lowest floor e:.ther free of obstr~uction or constructed %,ith 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 16 (c) (d) 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 ~er square foot. Use of breakaway ·alls which exceed a design safe loading =esist- ~nce of 20 pounds per square foo= (either by ,]esign or when so required by locz], or State ,:odes) may be permitted only if a registered professional engineer or architect certif:.es that t~e designs proposed meet the following conditions~ 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 net 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). Maximum wind and wa:er loading values to be used in this determination shall each have one percent chance of being equalled or exceeded tn any given year (lO0-year mean recurrence interval). Such enclosed space shall be useable solely for parking of vehicleE, building access, or storage. It is prohibited to use fill for structural sup- ~rt of buildings wfthin Zones V1-30, VE and V on the community's FIRM; It is prohibited to place mobile homes, except in e)isting mobile homes parks and mobile home s~bdivisions, within Zones Vl-30, VE and V on the community's FIRM; SECTION 13. SECTION 14. (e) It is prohibited to alter sand dunes and mangrove s=ands within Zones Vl-30, YE and V on the comm- ulity's FIRM if such alteration would increase p)tential flood damage. .Reg'~lations Within The Floodways (1) When f[oodways are designated within areas of special flood hazard, additional criteria will be met. Since the fl.)odway is an extremely hazardous area du,~ to the veloci-:y of flood waters which carry debris, pDtential projec':iles and erosion potential, the following provision shall apply: (a) P:~ohibits encroachments, including fill, n~w construction, substantial improvements and other d,~velopments unless the property owner provides a c,~rtification by a professional registered eugineer demonstrating that encroachments shall not result in 'a significant increase in flood 1,~vels during occurrence of the basE, flood d:.scharge. Regulations For Mobile Homes (1) No mob:.le home shall be placed in a floodway or coastal high hazard area (V-Zone) except in an existing mobile home park or existing mobile home subdivisio~. (2) No new mobile home park or subdivision shall be per- mitted in a coastal high hazard area {V-Zone) and no substantial improvement of an existing mobile he,me park or subdivision shall be permitted in a coastal high hazard area (V-Zone). (3) All mobile homes shall be anchored to resist flotation, collapEe, or lateral movement by providing over--the-top and frame ties to ground anchors as requ:,red by applicable Collier County Ordinance. (4) For ne% mobile home parks and subdivisions; for expan- sions to existing mobile home parks and subdiTisions; for ex:.sting mobile home parks and subdivisions where ~8 the repair, reconstruction or improvement: of the streets, utilities and mobile home pads ~quals or excee~.s 50 percent of the value of the streets, utili~ies and mobile home pads before the repair, reconstruction or improvement has commenced~ and for mobile homes not placed in a mobile home park or subdi~ision shall require the following= (a) ftands or lots are elevated on compacted fill or cn pilings so that the lowest floor of the mobile ~ome will be at or above the base flood level~ (b) adequate surface drainage and access for a hauler are provided~ and, {c) in the instance of elevation on pilings= (1) lots are large enough to permit steps, and (:!) piling foundations are placed in conformance with all building code requirements. SECTION 15. Standards For Subdivision Plats (1) All subdivision plats shall be consisten= with the need to minimize flood damage. (2) All subdivision plats shall have public utilities and facilities such as sewer, gas, electrical a~d water systems located and constructed to minimi2e flood damage. (3) All su~division plats shall have adequa=e drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be shown on the Master Subdivision Plan. (5) Ail fi3~al plats presented for approval shall clearly, indicaze the finished elevation above NGVD of the roads, the average finish'~d elevation above NGVD of the lots o:: homesites, and the minimum base flood elevation above NGVD as required in this Ordinance. SECTION 16. A~inistration~ Desi~nation Of The Chief A~.nistrative Official (1) The Ckief Administrative Official or his desk.ghee is hereby appointed to administer and implem~nt the provis~.ons of this Ordinance. 19 SECTION 17. (2) 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 propose~ 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 (~xact 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 ss provided in SECTION 17 of this Ordinance. (d) All records pertaining to the provisions o:~ this Ordinance shall be maintained in the offic~ of the Chief Administrative O~ficial and shall be open for public inspection. Appeal Procedure (1) The Board of Zoning Appeals, as established by the Collimr County Board of County Commissioners, shall hear and decide appeals from the requirements of this Ordinance. (2) The Board of Zoning Appea~s 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 enforcen~nt or adminastration of this Ordinance. Such appeal shall be 2~ --.-- m I fil~d bt, the Appellant with the Hoard of Appeals within fiw~ (5) days of the alleged error, decLsion or determination and the aggrieved person shall furnish a cop}' of such appeal to the Chief Admin:.strative Official. (3) There shall be a $50.00 filing fee for each ap~al applied for. (4) Any ~erson adversely affected by the decision cf the Boar~ of Zoning Appeals may appeal such decision to the circuit court, as provided by law. SECTION 18. Variance Procedure (1} The ]~oard of Zoning Appeals, as established by the Collher County Board of County Comm[ssioners, shall hear and decide requests for variances from req=ire- ment~ of this Ordinance. (2) All ~'ariance petitions shall be filed with the Chief Admi~istrative Official on forms provided an~ shall include data and information deemed appropriate and necessary by the Chief A~ministrative Official. (3) There shall be a $100.00 filing fee for each %'ariance applied for. (4) Varia~ces may be issued for the reconstzuction, rehabilitation or restoration of structures li~ted on the National Register of Historic Places or the State Inven=ory of Historic Places, without regard to the procedures set forth in the remainder of this secticn. (5) Varia~ces shall only be issued upcn a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variar~ces shall only be'i~sued upon: (a) A showing of good and sufficient cause. (b) $. determination that failure to grant the variance %ould result in exceptional hardship to the appli- cant. , (c) A determination that the granting of a wtriance will not result in increased flood heights, addi- tional threats to public safety, extraordinary 21 ('7) ~ublio expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. In ~ass£ng upon a variance, the Board of ~oning Appeals shall consider all tec~ical evaluations, all relevant factors, standards specified in other section:~ of th£s Ordinance; and~ (a} The danger that materials may be swept oxtto other lands to the injury of others; The danger to life and property due to flooding or erosion ~amage; (c) The susceptibility of the proposed facility and its contents to ~lood d~m~ge an~ the e~fect of such d~m~ge on the individual owner~ The importance of the services provided by the proposed facility to the community~ (e) The necessity ~o the facility of a waterfront location, where applicable; (f) ~he availability of alternative locatio~s, not ~ubJect to flooding or erosion damage, for the ~Rroposed use; (g) The compatibility of the proposed uss with eaxisting and anticipated development; (h) ~he relationship of the proposed use to tAe plan and flood plain management program for the area; (l) The safety of access to the property in t.Lmes of ~lood for ordinary and emergency vehicles; (j) ~he expected heights, velocity, duration, rate ~f rise and sediment transport of the flood waters and the effects of"wave action, if appl~.cable, expected at the site; (k) T~e costs of providing governmental s~.rvices d=ring and after flood conditions including ~intenance and repair of public utiliti(~s and facilities such as sewer, gas, electrical, and water systems, and streets and bridges, and; (8) (9) (10) (11) (1) (.,) -----. i Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 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 ~he criteria of (a) through (1~ of this section are met. (n) Generally, variances may be issued for new construction and ~ubstantial 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. U~on 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 w~riances as i= deems necessary to further the purposes of this Ordinance. Any person adversely affected by the decision of the Boar~ of Zoning Appeals may appeal such decision to the Circuit Court, as provided by law. Any agplicant, 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 b~se flood elevation the cost of flood insurance wall be commensurate with the in6reased risk resulting from the reduced lowest floor elevation. The Chief Administrative Official shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. SECTION 19. _~rogation And Greater Restrictions (1} This Ordinance is not intended to repeal, abrogate, or impa£r 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. lCarnin~ And Disclaimer Of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific an~ 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 ~mply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flooa damages. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any flood d~mages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION 21. Enforcement~ Penalties (1) An~ person or entity who violates any provision of this Ordinance shall be ~unished as provided by law. (2} In addition to the criminal penalties p=ovided ~n S~TION 21 (1}, power is hereby autho=ized tc institute any appropriate action 0r~proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION 22. Re~oea 1 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 prov~sion 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 prov~sions of this Ordinance. SECTION 24. Effective Date This Ordinance shall become effective upon r~ceipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of Skate. PASSED AND DULY ADOPTED by the Board of County Commissioners -' of Collier COunty, Florida, thfs 17thday of June , 1986. ; ~i~ ~.~. ..". ~,OAIIO ',., "¥, legal ciency ~ ~ Kenne~ B* Cuyi~ ~T~ ot~ezs Offke~ 25 STATE OF ~'~ORIDA ) <~ OF COLLIER ) I, JA~IES C. GILES, Clerk of Courts in mhd for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE 86-28 which was adopted by the Board of County Commissioners on the 17th day of June 1986] WITNESS my hand and the official seal of the Board of County Cor.~miusioners of Collier County, Florida, this 18th day of June, 1986. JAMES C. GILES ' ~))111~