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Ordinance 85-54ORDINANCE NO. 85- ~4 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORI~.INANCE NO. 79-62, THE COLLIER COUNTY FLOOD PREVENTION ORDINANCE; AF~ENDING SECTION SIX OF SAID ORDINANCE; AMENDING SECTION EIGHT OF SAID ORDINANCE; DELETING SUBSECTION 12(1) (e) (iv) O SAID ORDINANCE! ADDING SECTION TWENTY-FOUR TO PROVIDE FOR A GENERAL AMENDMENT PROVISION; ADDING SECTION TWENTY-FIVE TO PROVIDE THAT THE~ CHIEF ADMINISTRATIVE OFFICIAL IS GIVEN DISCRE~ TION IN PERMITTING; ADDING SECTION TWENTY-SIX~O PROVIDE FOR NOTICE TO PERMIT APPLICANTS; PROVLD- ING FOR CONFLICT AND SEVERABILITY; PROVIDING ' EFFECTIVE DATE. WHEREAS, in 1983, Collier County filed an appeal relating to those base flood elevations proposed and presented on preliminary Flood Insurance Rate Maps (FIRMs) by the Federal Emergency Management Agency (FEMA) for the unincorporated area of Collier County; and WHEREAS, the appeal has been resolved in favor of Collier County and FEMA has accepted those elevations set forth in "The Determination Of 100-Year Coastal Surge Flood Elevations For Coastal Collier County, Florida," prepared by the South Florida Water Management District (SFWMD), dated April, 1984; and WHEREAS, Flood Insurance Rate Maps are ~o be prepared by FEMA reflecting the SWFMD elevations, but such maps will not be completed and forwarded to Collier County for a period of several months; and WHEREAS, FESTA has authorized Collier County to regulate its flood plain management and permitting based on the SUWMD eleva- tions in the interim period prior to receipt of the formal Flood Insurance Rate Maps to be prepared by FEMA; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CCMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Collier County Ordinance No. 79-62, Section Six, shall be amended to read as follows: Section 6. Lands To Which This Ordinance Applies This Chapter shall apply to all areas of special flood hazards in the unincorporated area of Collier County, Florida, and identified by the Federal Insurance Administration in its Words underlined are added; Words e%~mek-~~ are deleted. FIRM, dated September 14, 1979, and any revisions thereto ~. where clearly identified and deemed appropriate by the Chief Administrative Officialt as set forth in "The Determination Of 100-Year Coastal Surqe Flood Elevations For Coastal Collier Countyt Florida"t as prepared by the South Florida W~.ter Management District~ said elevations set forth on the map attached thereto. SECTION TWO: Collier County Ordinance No. 79-62, Section Eight, shall be amended to read as follows: Section 8. Basis For Establishing The Areas Of Special Flood Bazard. The areas of special flood hazard as identified by the Fed-ral Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study For Collier County, Florida, Unincorporated Area", dated March, 1979, with accompany- ing Flood Insurance Rate Maps, dated September 14, 1979 or! where clearly identified and deemed appropriate at the sole discretion of the Chief Administrative Official~ those elevations set forth in "The Determination Of 100-Year Coastal Surqe Flood Elevations For Coastal Collier Count¥~ Florida"~ dated April~ 1984 with attached map are the basis for establishing the areas of special flood hazards. The Flood Insurance Study and accompanying FIRM and "The Determination Of 100-Year Coastal Surqe Flood Elevations For Coastal Collier County~ Florida"~ dated ~pril~ 1984~ with attached map shall be on file and shall be open for Rublic inspection in the Office of the Clerk to the Board of County Commissioners located in Building "F", Collier County Government Center, 3301Tamiami Trail, East, Naples, Florida. SECTION THREE: Collier County Ordinance 79-62 shall be amended to delete subsection 12(1) (e) (iv) , which shall read as follows= (e) Breakaway walls shall be allowed below the base flood elevation in the V Zones provided they are not part of the Words underlined are added; Words s%~ek-~ are deleted. 2 021,," 20'/ structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without . damage to the structural integrity of the building on which they. are to be used and provided the following design specifications].I are met: (i) Allow flood waters to rise and flow freely under .~ the .tructure. (ii) Not cause the accumulation of waterborne debris. (iii) Breakaway walls will have a minimum wind load of · 25 pounds per square foot (P.S.F.) on a vertical panel and their connections. a~ee~-~he-b=eakaway-wa~s-~m-any-manne=-whaes~ewe~ oehe~w~se-~e~se~y-a~e~-~he~-B~ea~away-eapaB½~ ~¥} (iv) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Chief Administrative Official for approval. Breakaway walls shall be designed by a registered professional engineer or a registered professional architect and shall appear to be an integral part of the structure it is designed to serve. ~w~ Ivl Any alteration, repair, reconstruction or improvements to a structure started after the enactment of this ordin%~ce shall not enclose the ' space below the lowest floor unless it is waterproofed as per SECTION 11,(4) or breakaway walls are used as provided for in SECTION 12,(e) of this ordinance. Words underlined are added; Words s~=~ek-~h~eu~h are deleted. SECTION FOUR~ Collier County Ordinance No. 79-62 shall ba amended to a~d Section 24, which shall read as follows, Section 24. Supplemental Authorization To Issue Permit. All references to regulations authorizin~ the issuance of permits based on the Flood Insurance Study For Collier County~ Florida~ Unincorporated Area~ dated March~ 1979t with accompanying Flood Insurance Rate Maps~ dated September 14~ 1979 are hereby amended to include authorization for the issuance of a permit by the Chief Administrative Official~ in such instances as can be clearly identified and deemed appropriate by the Chief Administrative Official~ based upon "The Determination Of 100-Year Coastal Surqe Flood Elevat~on:~ For Coastal Collier County! Florida"~ dated April~ 1984f with attached map. SECTION FIVE: Collier County Ordinance No. 79-62 shall be amended to add Section 25, which shall read as follows: Section 25. Intent Due to the smaller size an~ lack of detail on the South Florida Water Management District map as compared to standard Flood Insurance Rate Maps! it is the intent of this Ordinance that the Chief Administrative Official be given~ and such Official is hereby given~ the sole discretion to determine whether a subject structure described in an appl~ cation for a development permit will be placed clearly and distinctly within one designated area of elevation on the South Florida Water Management District map. If a subject structure or lot cannot be clearly defined within such an area~ as determined by the Chief Administrative Official~ such Official shall have the discretion of: (1) Issuing a denial of the ~pplication for a develop- ment permit~ or Words underlined are added; Words e~ek-%h~e~h are deleted. 4 (2) Issuing an approval of the application for development permit subject to the applicant constructing at the higher of two levels where the structure or lot cannot be determined to be clearly within one area or the other. SECTION SIX: Collier County Ordinance No. 79-62 shall be amended to add Section 26, which shall read as follows~ Section 26. Notice And Disclaimer To Permit Applicant. Each applicant for a development permit to be issued based on the South Florida Water Management District elevations shall be advised in writing that his permit is being issued under interim reQulations and that the applicant assumes responsibility for all flood insurance considerations which might be affected or changed upon receipt of the finalized Flood Insurance Rate Maps and their incorporation into the Collier County Flood Prevention Ordinance. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the morQ restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competeD~ jurisdiction, such portion shall be deemed a soparate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Declaration of Emergency and Effective Date. This Board does hereby declare that an emergency e~ists and that fmmediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5ths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with t~ Department of State of the State of Florida, as soon after enactment as is practicable Words underlined are added; Words e~=u~k-~h~ugh are deleted. 5 by depositing the same with the postal authorities of the government of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1st day of October, 1985. DATED: ATTESTz . ,..,'> ~'.' :- ,2 Approved as bo form and "~.l~gal s~.ffid~ency: ~fineth B. Cuy~r Assistant Counky Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREDEkI~K J-.'9OSS, Chairman This ordnance filed with the .~Sec~gretary of St_ote',s Office the day of and ocknow'edgement of that filing received this3.Z.Cc~ day of ~3~L~.~ --, . Words underlined are added; Words s~uek-%h=~ugh are deleted. 6 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original oft ORDINANCE 85-54 which was adopted by the Board of County Commissioners vie e~ergency proceduree during Regular Session on the day of October, 1985. WITNESS ~y hand and the official seal of the Board County Commissioners of Collier County, Florida, this day of October, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of County Commissioners and Governing B.0. a.r.d' - ¢,~ - ~. _~ .. .' ~f.~- ~. ,.~'..~ _~,.,..,.,' ..;.~