Ordinance 2010-36
.~
d910111<~
1v . ~l~'~
,,_<:0... . .l1Il.:<... ';!. ;-".:\ \
~J "~mv~~~t/J~~. U~\
'" ~k;" :.~ \
rv;~~:, ~l \
,.._.,-- ..,~
\ r 2010 ~
~(<'l !} ORDINANCENO.2010-~ ":_.._
~ II)
~&-? 1; .... ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~~~GSZ'f.[L~ OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 86-28,
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION 6, "LANDS TO WHICH THIS ORDINANCE
APPLIES," AND SECTION 11, "GENERAL STANDARDS FOR FLOOD
HAZARD REDUCTION," IN ORDER TO REINSTATE FINISHED
FLOOR ELEVATION CRITERIA FORMERLY LOCATED IN
REPEALED ORDINANCE NO. 2002-01 (2001 COUNTY BUILDING
CODE); PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
'~
"<~?
.-
,\
.
y~
.',
'/'
.-"
~
"
>
~ ~.~-'
/-
.,
'"
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety, and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, safety, and welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including flood damage
prevention ordinances; and
WHEREAS, through its approval of Ordinance No. 2009-59, the Board formally adopted
by reference the Florida Building Code, 2007 Edition and repealed Ordinance No. 2002-01
(Florida Building Code, 2001 Edition); and
WHEREAS; the repeal of Ordinance No. 2002-01 also inadvertently eliminated certain
criteria relating to finished floor elevation; and
WHEREAS, the Board desires to reinstate this finished floor elevation criteria by
amending Collier County Ordinance No. 86-28, as amended, the Flood Damage Prevention
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Page 1 of 4
Words underlined are added; Words stmek through are deleted.
SECTION ONE:
AMENDMENT TO SECTION 6 OF ORDINANCE NO. 86-28, AS
AMENDED.
Section 6, of Ordinance No. 86-28, as amended, entitled "Lands to Which This
Ordinance Applies," is hereby amended to read as follows:
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 the county Collier County aHEl identified by the Federal Insurance
Administration in its FIRM, dated November 17, 2005, and any revisions thereto.
SECTION TWO: AMENDMENT TO SECTION 11 OF ORDINANCE NO. 86-28, AS
AMENDED.
Section 11, of Ordinance No. 86-28, as amended, entitled "General Standards for Flood
Hazard Reduction," is hereby amended to add the following
SECTION 11. General Standards for Flood Hazard Reduction.
* * * * * * *
(14) Additional requirements
(a) Plans shall show that construction of the lowest finished floor meets the elevation
criteria listed below or engineered properly to a site specific design and certified
by an architect or engineer: when conflict exists between the FIRM elevation and
others. the higher elevation shall be required.
(1 ) FIRM elevation - the elevation that has been established by the Flood Insurance
Rate Maps (FIRM).
(2) Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadway system if finished with paving: in the event that the
nearest street or interior finished roadway system is located on an evacuation
route. a minimum of 18 inches above the crown of the nearest side street: or
(3) Graded or Unfinished Road - 24 inches above the crown if graded or otherwise
unfinished: or
(4) Mean Sea Level (MSL) - Finished Floors should be no lower than elevation 5.7
in relation to North American Vertical Datum of 1988 (NA VD 88): or
( 5) Water Management Design
(n Buildings with proiects which have water management routing and storage
facilities designed and built for a 25-year, three (3) day storm event in accordance
with South Florida Water Management District's criteria may use a finished floor
elevation in accordance with the proiect's water management designed 100 year
zero discharge elevation or the FIRM elevation. whichever is higher.
Page 2 of 4
Words underlined are added; Words stmd( through are deleted.
(ii) Building which are not within proiects having a water management
storage facility designed and built for a 25-year. three (3) day storm event in
accordance with South Florida Water Management District's criteria shall use a
finished floor elevation of 18 inches above the adiacent roadway crown elevation
or the FIRM elevation. whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied. the Building Official will consider
requests to decrease the finished floor elevation. All requests will require an
analysis by a Florida registered professional engineer of the 25-year. three (3) day
storm event, using zero discharge for the entire drainage basin in which the
proposed structure is located. Reductions may be allowed on the basis of the
analysis. but in no case shall the finished floor elevation be less than FIRM.
(c) Slabs for garages, carports, screen enclosures. etc.. must be at least equal in
elevation to the crown of the nearest street.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Page 3 of 4
Words underlined are added; Words stnwk through are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ay of~, 2010.
" "\9'-;,,\ ",
,,-,\ ...."". p, 14 :"'f) .
. .....\ \ J , , .
ATTEST:"....... ('.<- ....
DWIc1HTn: BReCK~"'CLERK
~ .~ _.~ _.. t.-._-" .-/. "_I::-~ .... ::'4
: .,.. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~ .
~. ~1-~.':_""'"
. -. ftj
~ ........... ... -f # .
Approved as to form
and legal sufficiency:
~JLw.
By:
FRED W. COYLE, CHAI
This ordinance filed with the
Secretory of li!,~~tf~ the
~doyof , to
and acknow'edgemelt2..-~thct
~;I~Ned ~ 00y
BY~~
Page 4 of4
Words underlined are added; Words struek through are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-36
Which was adopted by the Board of County Commissioners
on the 28th day of September, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of October, 2010.
By: