Ordinance 79-062ORDINANCE NO. 79-62
AN ORDINANCE RELATING TO FLOOD DAMAGE
PREVENTION; PROVIDING FOR STATUTORY
AUTHORIZATION; FINDINGS OF FACT; STATE-
MENT OF PURPOSE; METHODS OF REDUCING
FLOOD LOSSES; DEFINITIONS; LANDS TO WHICH
THIS ORDINANCE APPLIES; EXEMPTIONS; BASIS
FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARDS; DEVELOPMENT PERMI'I RE-
QUIRED; PERMIT REQUIREMENTS; GENERAL
STANDARDS FLOOD HAZARD REDUCTION; SPE-
CIFIC STANDARDS FOR V ZONES; REGULATIONS
WITHIN THE FLOODWAYS; REGULATIONS FOR
MOBILE HOMES; STANDARDS FOR SUBDIVI.~.~N
PLATS; ADMINISTRATION; DESIGNATION ~OF
THE CHIEF ADMINISTRATIVE OFFICIAL; AP ~l:~r_~l~ ~.~
PROCEDURE; VARIANCE PROCEDURE; ABRO;'-
GATION AND GREATER RESTRICTIONS; W~RN~
lNG AND DISCLAIMER OF LIABILITY; ENF0~C~E~
MENT PENALTIES; SEVERABILITY; AND, EFF~C..~ ..
TIVE DATE.
;-, ,.~ ..~. --.-..
WHEREAS, Collier County~ Florida Is participating'in the Na~nal
Flood Insurance Program for the purpose of assuring the Increased
safety of its citizens from future flooding; and
WHEREAS, the County has subsequently received from the Federal
Insurance Administration a flood Insurance rate map which delineates
',
the areas subject to severe flooding wlthln the County; and
WHEREAS, Federal regulations provide that federally-related ,finan-
cial assistance and insurance will not be available In any commiJnlty
having special flood hazards~ unless the communlty adopts flood P!aln
management regulations meeting mlnlmum federal standards; and
WHEREAS, It Is the intent of the Board of County Comm~l~loner~
of Collier County to continue the participation In a program des~ned tbam''
protcct lives and new construction from future flooding by adol~ng ar4~-
ordir~ance meeting federal standards,
BE IT ORDAINED by the Board of County Commissioners off'~:olltel~
County, Florida:
SECTION I. 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. Findincjs of Fact
(I) The flood hazard areas of CoIller County are subject to
periodic Inundation whlch could result in loss of life, pro-
1
party damage, health, and safety hazards, disruption of com-
merce and governmental services, extraordinary public expen-
ditures for flood protection and roller, 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 other lands
whlch are inadequately elevated, floodproofed, or otherwise
inadequately protected from flood damages.
SECTION 3. Statement of Purpose
It is the purpose o1' this ordinance to promote [h~ public health,
safety and general welfare and to mlnlmlze public and private losses due
to flood conditions In specific areas by provisions designed:
(I) To protect human llfe and health.
(2i To minimize expenditure of public money for costly and envi-
ronmentally unsound flood control projects.
(3) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at tho expense of the
general public;
(4)To minimize prolonged business Interruptions;
(5) To mlnlmlze damage to public facllltles and utilities such as
water and gas malns, electric, telephone and sewer lines,
streets and bridges located In areas of speclal 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 responsibilites for their actions.
SECTION 4: Methods of Reduclnc~ Flood Losses
/
In orc~er to accomplish its purposes~ thls ordinance includes meth-
ods and provisions for:
(1) Restricting or prohibiting uses whlch are dangerous to health,
safety, and property due to wateP or erosion hazards, or
which result In damaging ~ncreases in erosion or In flood
heights or velocities;
(2) Requiring that uses vulnerable to flood$~ Including facilities
which serve such uses, be p~-otectad against flood damage at
the time of initial construction;
(3) Controlling the alteration of natural flood plains; stream
channels, and natural protectlve barriers, which help accom-
modate or channel flood waters;
(4) Controlling fllllng, gradlng, dredging, and other development
which may increase flood damage; and~
(5) Preventing or regulating the constructlon 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 applica-
tion.
"Administrator" means the Federal Insurance Admlnlstrator, to
whom the Secretary of the Department of Houslng and Urban Develop-
ment has delegated the administration of the National Flood Insurance
Program as set forth In the National Flood Insurance Act of 1968, as
may be amended.
"Appeal" means a request for e 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 wlthln
a community subject to a one percent or greater chance of flooding in
any given year. These areas are designated on the Flood Insurance
Rate Map (FIRM).
"Base flood" means the flood having a one percent chance of belng
equalled or exceeded in any given year.
"Breakaway walls" mean any type of walls, whether solid or lattice,
and whether constructed of' concrete, masonry, wood, metal, plastic, or
any other suitable building material which are not part of the structural
support of the building and which are so designed as to breakaway,
under abnormally high tides or wave action, without damage to the
structural Integrity of the bulldlng on which they are used or any
building to whlch they might be carried by flood waters.
"Chief Administrative Official" wherever used shall mean the person
or persons deslgnated by the County Manager to be responslble for the
Implementation and enforcement of thls ordinance.
"Coastal htcjh hazard area" means .the area subject to hlgh velocity
waters, Including but not Ilmlted to, hurricane storm surge or wave
action. The area Is designated on the FIRM as ZONE V10 and V32.
"Count,/" whenever used shall mean Collier County, Florida.
"Development" means any man-made change to improved or unim-
proved real estate, Including but not Ilmlted to bulldlngs or et. her
structures, mining, dred;~Ing, filling, grading, paving, excavation or
drilling operations located wlthln the area of special flood hazard.
"Development Permlt" means any county permlt whlch must be
approved by the county prior to proceeding wltt~ any "Development".
"Existing Construction" means for the purposes of determlnlng
rates, structures for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures".
"Existincj mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided Into two or more mobile
home lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home Is 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) is com-
pleted before the effective date o1' this ordinance.
l'.Existing Structure" means structures for which the "start of
construction" commenced on or before the effective date of this ordi-
nance.
'.'Expansion to an existlng....moblle home park or mobile home subdivi-
sion'' 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 utllities, either final site grading
or pouring of concrete pads, or the construction of streets).
"Flood" or 'floodipg" means a 9eneral and temporary condition of
partial or complete Inundation of normally dry land areas from:
(I) the overflow of Inland or tidal waters,
(2) the unusual end rapid accumulation, or runoff of surface
wa,ers I'rom any source. ~00~ 0~0 ~'~[;~ 15
"Flood elevation determlnatlon" means a determlnatlon by the Admin-
istrator 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.
"FIRM" shall mean the Flood Insurance Rate Map.
"Flood Insurance Rate Map (FIRM)" means an official map of Collier
County, Florida, on whlch the Administrator has delineated both the
special hazard areas and the risk premium zone applicable to the com-
munlty.
"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 eleva-
tion of the base flood.
"Flood plain" or "flood prone area" means any land area suscep-
tible to being Inundated by water from any source (see definition of
"flooding").
"Flood plain management regulations" means zoning ordlnances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as a flood plain ordinance, grading ordinance
and ero=ion control ordinance) and 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
preventlon and reduction.
"Floodproofed" 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 reslstlng hydro-
static and hydrodynamic loads and effects of buoyancy."
"Floodway" means the channel of a flyer 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.
"Habitable floor" means any floor usable for living purposes which
includes working, sleeping, eating, cooking, or recreation, or any
combination thereof. A floor used only for storage purposes Is not a
"habitable floor."
"Mangrove stand" means an assemblage of mangrove trees which
are mostly low trees noted for a coplous development of interlaclng
adventltlous roots above the ground and whlch contaln one or more of
the following species: black mangrove (Avlcennla germlnans); red man-
grove (Rhlzophora mangle); white mangrove (Languncularla racemose);
and buttonwood (Conocarpus er-acta).
"Map" means the Flood Insurance Rate Map (FIRM) for Collier'
County, Florida issued by the Federal Insurance Adminlstr-atlon and
Identified as the Proof Copy having an effective date of September 14,
1979, as may be amended.
"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 accommodations, 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- fabrlca~:lon on streets or' highways on its own
wheels, and (c) arriving at the site where It Is to be occupied as a
dwelling complete, Including major- appliances and t'urnlture, and ready
for occupancy except for minor and incidental unpacking and assembly
operations, location on Jacks or other temporary or permanent founda-
tions, connection to utilities and Lhe llke. A travel trailer-, motor home
or recreational vehicle is not to be considered as a mobile home.
"Mobile Home Park" A mobile home park Is a par-cai of land where
mobile home sites are rented or leased or- offered for' rent or lease for'
the parking of mobile homes for living or sleeping purposes, and Includ-
Ing any land, buildings, structures, or facllitles used by the occupants
of mobile homes in the mobile home park.
"Mobile Home Subdivision" A mobile home subdivision is a parcel
of land where mobile home sites are sold or- offered for sale for- the
parking of mobile homes for- living or sleeplng purposes, and including
any land, buildings, structures, or- facilities used by the occupants of
the mobile home subdivision.
"National Flood Insurance Program" means the National Flood Insur'-
ance Program authorized by the National Flood Insurance Act o1' 1968,
as may be amended.
"National Geodetic Vertical Datum (NGVD)" means National Geodetic
VerLlcal Datum of 1920 (formerly called Mean 'Sea Level Datum of 1929).
The vertical control datum used to establish the flood elevations. All
government benchmarks In Collier County are based on thls datum,
"New Construction" means structures for which the "start of
construction" commenced on or after the effective date of this ordi-
nance,
"New mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land dlvlded Into two or more moblle
home lots for rent or sale for whlch the construction of facilities for
servicing the lot (Including, at a minimum, the Installatlon of utilitles~
either final site grading or th~ pouring of concrete pads, and the
construction of streets) Is completed on or after the effective date of
this Ordinance,
"Person" includes any Individual or group of indivlduals~ corpora-
tlon, or any other organized group of persons, Including State and
local governments and agencle's thereof,'
~!Reglstered professional architect" mean,~ ~n architect reglstered
and/or Ilcensed by the State of Florida to practice architecture In
Florida or who is authorized by the State of Florida to practice archi-
tecture In Florida under a reclprocal registration or licensing agreement
with another State,
"Registered professional englneer" means an englneer registered
and/or licensed by the State of Florida to practice engineering In
Florida or who Is authorized by tho State of Florida to practice engin-
eering' In Florida under a reciprocal reglstratlon or licensing agreement
with another State,
l'Re~llstered professlonal land surveyor" means a land surveyor
reglstered and/or licensed by the State of Florida to practice land
surveying in Florida or who Is authorized by the State of Florida to
practice surveying in Florida under a reciprocal reglstration or licens-
ing agreement with another State,
"Sand dunes" means naturally occurring accumulations of sand in
ridges or mounds landward of the beach,
"Start of Constructlon" means the first placement of permanent
construction of a structure (other than a moblle home) on a site, such
as [he pouring of slabs or footings or 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 Installa-
tion of streets and/or walkways; nor does it Include excavation for a
basement, footings, piers or' foundations or the erection or temporary
forms; nor does It include the Installatlon on the property of accessory
OiO
buildings, such as gar.ages or. sheds not occupied as dwelling units
not as par.t of the maln str.ucture. For. a str.ucture (other. than a
mobile home) without a basement or. paul*ed footings, the "star.t of
construction" Includes the flr.st per.manent framing or assembly of. the
structure or. any par.t thor.eof on its piling or. foundation. For. mobile
homes not within a mobile home park or. mobile home subdlvlslon, "star.t
cf con:truction" means the affixing of th, mnblle home to its permanent
slte. For mobile homes within mobile home parks or moblle home sub-
divisions, "start of construction" is the date on whlch the construction
of facilities for servicing the site on which the moblle home Is to be
affixed (including, at a minimum, the construction of streets, either
final site gradlng or the pour.lng of concrete pads, and Installatlon 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 for flood plain management purposes, a walled
and roofed building, including a gas or Ilquld storage tank, that Is
principally above ground, as well as a mobile home. "Structure" for
insurance coverage purposes, means a walled and roofed building, other
than a gas or Itquld storage tonka that Is principally above ground and
affixed to a permanent site, as well as a mobile home on foundation.
For the latter purpose, the ter.m Includes a building while in the course
of construction, alteratlon or repair, but does not Include building
materials or supplies Intended for use In such construction, alter.arian,
or repair, unless such materials or supplies are wlthln an enclosed
bullding on the premises.
"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 repalr is started, or (b) if the structure has been
damaged and is being restored, before the damage occurred. For the
purposes or this deRnition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or arbor
structural part of the bulldlng commences, whether or not that altera-
tion affects the exter.nal dimensions of the structure. The term does
not, however, Include either (1) any project for impr.ovement of
structuro to comp,',.' wlth existing state or.I~O~KI°calUJ. DPA J.l:;ll~i~h'~Esalil/~rY'
safety code speclflcaLIons which ere solely necessar`y 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 constructlon In a manner that would otherwise
be prohibited by thls ordinance,
"Water Surface Elevat|on" means the helght and relation to Mean
Sea Level expected to be reached by floods of various magnitudes and
frequencies at pertinent points in the flood plains of coastal or rIverlne
areas.
SECTION 6. Lands to Which This Ordinan.ce Applies
(I) 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 September 14~ 1979, and
any revisions thereto.
SECTION 7. Exemptions.
(1) Mobile homes to be placed In an exlsting mobile home park
shall be exempted from the r'equlrements of this ordlnance
provided such moblle 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 Adminlstr'atlon in a scientific and engineering report entitled
"The Flood Insurance Study for' Collier County~ Florida unincorporated
area, dated March, 1979~ with accompanying Flood Insurance Rate Maps~
dated September 14, 1979, 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 Tamlaml Trail~ East~ Naples~
Florida, 3394;~.
SECTION 9. Development Permit Required
It shall be a violation of this ordinance for any person to start a
development on land located within the areas of special flood hazer'ds
without first having obtained a davelopmenl; permit fr'om the Chief
AdmlnlstraLIve orrlcla~. I~0~K 0~0 rAtE ~
SECTION 10. Permit Requirements
(1) Application for a Development Permit shall be made by the
property owner to the Chief Admlnstratlve 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~
dlmenslons~ and elevations of the area In question;
existing or proposed structurest fill storage or materials;
drainage factlltlest and the location of the foregoing.
(b) Elevation in relation to NGVD of the lowest habitable
floor of all structures.
(c) EIevatlon in relation to NGVD to which any non-resi-
dential structure has been floodproofed,
(d) A certlflcatlon of design plans from a registered profes-
sional engineer or registered professional architect that
the non-residential floodproofed structure meets the
design standards floodprooflng 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.
(g) Prior to the Issuance of a Final Certificate of Occupancy
by the Building Dlrector~ the applicant shall furnish the
Chief Administrative Official with a certification by a
registered professional engineer or' registered profes-
sional land surveyor that;
(i) The finished structure meets the minimum base
flood elevation Indicated on the FIRM; and,
(ii) That the construction of all pillngs~ breakaway
walls~ and required flood proofing are in general
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 substantlal Improvements shall be
anchored to prevent flotatlont collapse or lateral movement of
the structure.
(2) New constructlon and substantlal Improvements In the A Zones
may be built on stabilized fill provided no slgnlflcant water Is
permitted to flow from the subject premises onto abutting
properties or into adJolnlng waters whlch are not county-ap-
proved drainage system(s). The property owner will provide
a certlflcatlon by a registered professional engineer or a
registered professional architect that the deslgn for the use
and placement of fill material will not cause the significant
flow of water onto abuttlng properties or non-approved
County drainage systems.
(3) Residential Construction New construction or substantlal
Improvement of any residential structure shall have the lowest
habitable floor, elevated to or above the base flood elevation.
(4) Non-residential Construction - New construction and substan-
tial improvements of non-residentlal structures shall, (i) have
the Iowesl: floor (Including basement) elevated to or above the
base flood level or, (ii) together with the attendant utility
and sanitary facilitlest 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 havlng the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
(Also see SECTION 1.~ for Specific Standards of V Zones) The
property owner shall provide a certification by a registered
professional engineer or registered professional architect that
the design standards of this subsection are satisfied.
(5) All new construction and substantial improvements shall be
constructed with materials and utility equipment that will
minimize flood damage;
(6) All new construction or substantial improvements shall be
constructed by methods and practlces that will .minimize flood
damage;
(7) All new and replacement water supply systems shall be de-
signed to minimize or ellmlnate lnrtltratlon or flood waters into
the system;
11
(8) New and replacement sanitary sewage systems shall be design-
ed to mlnlmlze or eliminate Inflow o~' flood waters into the
systems and discharges ~'rom the systems Into flood waters;
andt
(g) On-site waste disposal systems (Including septic tanks) shall
be designed and/or located to minimize or eliminate Impairment
to them or contamlnatlon from them durlng flooding.
(10~ *:mergency generators for standpipe systems In accordance
with the requirements gl' the Standard Bulldlng Code, Section
508 and Collier County Ordinance 71~-t~8 must be located above
the base flood elevatlon level and all fuel tanks for sald
generator~ must be waterproofed and vented above the base
flood elevation level.
(11) Electrlcal transformer and/or switching vaults, pad mounted
transformers, pad mounted switches and related facilities shall
be permitted as independent units below the mlnimum flood
elevation level. Such structures may be located within or
outside a bulldlng and are not required to be waterproofed or
constructed with breakaway walls provided It ts certified by &
registered professional engineer or a registered professlonal
architect that It will not adversely aft'act the structural Integ-
rity ot' the building in which It is located or any part thereof.
SECTION 12, Speclflc Standards ~'or V Zones
(1) Coastal High Hazard Areas (V Zones) - located within the
areas of special flood hazard have special flood hazards assoc-
iated wlLh high velocity waters from tidal surge and hurricane
wave wash; therefore, the following provisions shall apply:
(a) A registered professional engineer or registered profes-
sional arch}tect shall certify that all buildings or struc-
tures shall be elevated so that the bottom of the lowest
horizontal supporting member Is located no lower than
the base I'lood elevation level with all space below the
lowest supporting member open so as not to impede the
flow of water, except for breakaway wails as provided
herein.
(b) F~II shall be permitted around plllng and columns below
the bass t%od elevation level provlded such I'lll is cap-
able o1' washing away upon im_p. sct by h~gh velocity tide~
action and provided that no fill shall be used as struc-
tural support.
(c) That ail buIIdlngs or structures shall be located land-
ward of the reach of the mean high tide.
(d) There shall be no substantial alteration of sand dunes or
mangrove stands which would Increase potential flood
damage except as approved by appropriate regulatory
agencies.
(e) Breakaway walls shall ba allowed below the base flood
elevation In the V Zones provided they ara not part of
the structural support of the building and are deslgned
so as to breakaway~ under abnormally high tides or wave
actlon~ 'without damage to the structural Integrity of the
building on which they are to be used and provided the
following design specifications are met:
(I) Allow flood waters to rise and flow freely under
the structure.
(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.) ene vertical
panel and their connections.
(Iv) If breakaway walls are utilized, such enclosed
space shall not be used for living purposes. The
owner of the subject property must record an
agreement with the Clerk of Court that he will not
alter the breakaway walls in any manner whatsoever
so as to use the enclosed space for living area or
otherwise adversely affect their breakaway capabil-
ity. Such recording shall be binding upon all
subsequent owners as long as the breakaway walls
remain a part of the main structure for whlch a
development permit was obtained.
(v) Prior to construction, plans for any structure that
will have breakaway walls must be submitted to the.
- Chief Administrative Ot'flcial for approval. Break-
away walls shall be designed by a registered pro-
fesstonal englneer or a registered professional
010
architect and shall appear to be an Integral part of
the structure it ls designed to serve.
(vi) Any alteration, repalrt reconstruction or' Improve-
ments to a structure started after the enactment of
this ordinance shall not enclose the space below the
lowest floor unless It is waterproofed as per SEC-
TION 11,(4) or breakaway walls are used as pro-
vided for in SECTION l:~,(e) or this ordinance.
(f) A .registered professional engineer or reglstered profes-
sional architect shall certify that all buildings or struc-
tures shall be securely anchored on pilings or columns.
(g) A reglstered professional engineer or registered profes-
sional architect shall certify that the pilings or columns
used as structural support are deslgned and anchored so
as to withstand anticipated applied forces of the base
flood flow as well as wlnd loads.
(h) The property owner shall provide a certification by a
registered professional engineer or reglstered profes-
sional architect that the design standards of the struc-
ture are In compliance with provlslons contalned in this
Section, as may be approprlate to the case.
SECITON 13. Regulations Within the Floodways.
(1) When floodways ar. designated wlthln areas of special flood
hazard, addltlonal criterlal will be met. Since the floodway is
an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and eroslon
potential, the following provision shall apply:
(a) Prohibits encroachments, Including fill~ new construc-
tion, substantial Improvements and other developments
unless the property owner provides a certification by a
professional registered engineer demonstrating that
encroachments shall not result in a significant increase
in flood levels during occurrence of the base flood dis-
charge.
SECTION 14. Regulations for Mobile Homes
(1) No mobile home shall be placed in a floodway or coastal high
hazard area (V-Zone) except In an exlsting rnobile home park
or existing mobil, hem, ,ubdlvlslon. Ii001(' 010 RU~ ~
(2) No new mobile home park or subd[vlsTon shall be permitted in
a coastal hlgh hazard area (V-Zone) and no substantial Im-
provement of an existing mobile home park or subdlvlslon
shall be permitted In a coastal high hazard area (V-Zone).
(3) All mobile homes shall be anchored to resist flotatlon, col-
lapse, or lateral movement by provlding over-the-top and
frame tles to ground anchors as required In Ord. 7S-15~
(4) For new mobile home parks end subdlvislons; for expansions
to existing mobile home parks and subdivisions; for existing
mobile home pr. rks and subdivlslons where the repair, recon-
struction or Improvement of the streets, utilities and mobile
home pads equals c,,' exceeds 50 percent of the value of the
streets, utilities and mobile home pads before the repair,
reconstruction or Improvement has commenced; and for mobile
homes not placed In a mobile home park or subdivision shall
requlre the following:
(a) stands or lots are elevated on compacted fill or on pilings
so that the lowest floor of the mobile home will be at or
above the base flood level;
adequate surface drainage and access rot a hauler are
provided; and,
(c) In the Instance of elevation on pilings: (1) lots are
large enough to permit steps, and (2) piling foundations
are placed in conformance with all bulldlng code require-
ments.
SECTION 15. Standards for Subdivision Plats
(1) All subdivision plats shall be consistent with the need to
minimize flood damage.
(2) All subdivision plats shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
(3) All subdivision plats shall have adequate drainage provided to
reduce exposure to flood hazards.
(4) Base flood elevation data shall be shown on the Master Sub-
division Plan.
(5) All final plats presented for approval shall clearly indicate the
finished elevation above NGvD of the roads, the average
finished elevation above NGVD of the lots or homesites, and
the mlnlmum base flood elaYatlon aboYe NGYD as required In
thls ordlnance.
SECTION 16. Admlnlstration} Designation of the Chief Administrative
Official
(I) The Chlef AdminlstratlYe Official of' his designee is hereby
appointed to administer' and Implement the provisions of this
ordinance.
(2) Duties and Responslbilltles of the Chief Admlnistf`ative Official
shall Include, but not be limited to:
(a) Review all development permits to assure to the extent
possible that the permlt requlrements of this ordinance
have been satisfied.
(b) Review permits fof` proposed development to assure to
the extent possible that all necessary permits have been
obtained from those federalt 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
examplet where there appears to be a conflict between a
mapped boundary and actual field condltlons), the Chief
Administrative Official shall make the necessary Interpre-
tation. The person contesting the location of the bound-
ary shall be given the opportunity to appeal the Interpre-
tation as p~ovided in SECTION 17 of this ordinance.
(d) All records pertaining to the provlslons of this ordinance
shall be maintained In the office of the Chief Administra-
tive Official and shall be open fof` public Inspection.
SECTION 17. Appeal Procedure
(I) 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.
(2) The Board of Zonlng Appeals shall hear and decide appeals
when it is alleged there is an errof' In any requif'ement~
decision, or determination made by the Chief Administrative
Official In the enforcement or adminlstration of this of'dlnance.
Such appeal shall be filed with the Board of Appeals within
five (5) days of. the alleged err~r~ declsion of' determination
and the aggrieved person shall furnish a copy of such appeal
to the Chlef Administrative Official. ~D~ 0~.0 J~ ~
16
(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
(I) The Board of Zoning Appeals, as established by the Collier
County Board of County Commissloners~ shall hear and declde
requests for variances from requirements of this ordinance.
(2) All variance petitions shall be filed with the Chief Adm[nlstra-
tive Official on forms provided and shall include data and
Informatlon deemed appropriate and necessary by the Chlef
Admlnlstratlva Official.
(3) There shall be a $100.00 filing fee for each va~'iance applied
for.
(4) Variances may be issued for the reconstruction~ rehab111tatlon
or restoration of structures listed on the National Reglster 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, cons~dering the flood
hazard~ to afford relief.
(6)Variances shall only be Issued upon:
(a) A showing of good and sufflclent cause.
(b) A determination that failure to grant the varlance would
result In exceptional hardship to the applicant.
(c) A determination that the granting of a variance will not
result In increased flood heights, additional threats to
public safety, extraordinary public expense~ create
nulsances~ cause fraud on or victlm[zation of the public,
or conflict with existing local laws or ordinances.
(7) 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;
17
1~" ~ J
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its con-
tents to flood damage and the effect of such damage on
the Individual owner;
(d) the Importance of the servlces provided by the proposed
faclllty to the community;
(e) the necessity to the facility of a waterfront location,
where applicable;
(f) the availability of alternative Iocatlons~ 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 end emergency vehicles;
(j) the expected heights, veloclty~ duratlon~ rate of rise
and sediment transport of the flood waters and the
effects of wave actlon~ If applicable~ expected at the
slte;
(k) the costs of providing governmental servlcas during and
after flood condltlon$ Including malntenanca and repair of
publlc utllitles and facllltles such as sewer~ gas~ elec-
trical~ and water systems~ and streets and bridges~ and;
(I) Variances shall not be issued wlthln any designated
floodway if any Increase in flood levels during the base
flood discharge would result.
(m) Generally~ variances may be issued for new construction
and substantial Improvements to be erected on a lot of
one-half acre or less In slze contiguous to and surround-
ed by lots with existing structures constructed below the
base flood level, providing items (a-I) have been .fully
considered.
(8) Upon conslderation of the factors listed above and the pur-
poses of this ordlnance~ the Board of Zoning Appeals may
attach such conditions to the granting of variances as it
deems necessary 't~' further the purposes of thls ordinance.
(9) Any person adversely affected by the decision of' the Board
of Zonlng Appeals may appeal such dacislon to the circuit
court, as provided by law.
(10) Any applicant, to whom a variance Is granted, shall be given
written notice that when a structure is permitted to b~ built
with the lowest habitable floor elevation below the base flood
elevation the cost of flood Insurance will be commensurate
with the Increased risk, resulting from the reduced lowest
habitable floor elevatlon.
(11) The Chief Administrative Offlclal shall maintain the records of
all variance actions and report any variances to the Federal
Insurance Admlnlstratlon upon request.
SECTION 19. Abrogation and Greater Restrictions
(I) Thts ordlnance is not intended to repeal, abrogate, or Impair
any exlstlng easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or over-
lapp whichever Imposes the more stringent restrictlons shall
prevail.
(2) In the Interpretation and application of this ordinance, all
provisions shall be: (I) 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 Llablllty
The degree of flood protection required by thls ordinance is con-
sidered 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 thls ordinance or any
administrative decision lawfully made thereunder.
SECTION 21. Enforcement} Penalties
(I) Any person or entity who violates any provision of this
ordinance shall be punished as provided by law.
~ ...... ~ ~ L ~.1
(2) In addition to the criminal penalties provided In SECTION 21
(I), power is hereby authorized to Institute any appropriate
action or proceeding including :suit' for Injunctive relief In
order to prevent or aba[e violation of thls ordinance.
SECTION 2;). Severabillty
It ls declared to be the Intent of the Board of County Commission-
ers that. ir any section, subsection, sentence, clause, phrase or provi-
sion of this ordlnance Is held Invalid or unconstitutional, such Invalida-
tion or unconstitutionality shall not be so construed as to render invalld
or unconstitutional the f'omalnlng provisions of this ordinance.
SECTION 23. Effective Date
This effective date of this ordinance shall be September 14, 1979
upon acknowledgment from the Secretary of State that the Ordinance
has been 'duly filed.
PASSED AND DULY ADOPTED by the Beard of County Commlssion-
ers of Collier County, Florida, this 28th day of Aucjust ,
1979.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
O~vrd C. Brown, Chairman
I, WILLIAM J, REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing ia a
true original oft
ORDINANC~ NO. 79-62
which was adopted by the Board of County Con=nissioners during Regular Session
August 28, 1979.
WITNF~S my hand and the official seal of the Board of County Colmniseioners
of Collier County, this 28th day of August, 1979.
WILLIAM J. R~AGAN
This ordinance filed with the Secretary of
State's Office the 4th day of September, 1979
and acknowledgement of that filing received
this 6th day of September, 1979.
Dop~d~ Clerk ~
NJS/sgg/9-B
Planning Dept.
8/27/79
010 3t