Loading...
Ordinance 2012-06f a r. FEta 0 ORDINANCE NO. 2012 - 06— RDINANCE OF THE BOARD OF COUNTY COMMISSIONED,- OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE Nft 2011 -07, RELATING TO FLOOD DAMAGE PREVENTION, AMENDING SECTION TWO, "ACRONYMS AND DEFINITIONS°' SECTION THREE, "GENERAL PROVISIONS," SECTION FOU,: "ADMINISTRATION," AND SECTION FIVE, "PROVISIONS F(*--"_ FLOOD HAZARD REDUCTION," IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE, ADDRESS THE SUFFICIENCY FINDINGS OF THE STATE OF FLORIDA FLOODPLAIN MANAGEMENT OFFICE, AND IDENTIFY DE MINIMUS IMPACT ACTIVITIES WITHIN THE SPECIAL FLOOD HAZARD AREA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. N fV i Y i m� 7 —a 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, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, on March 8, 2011, the Board adopted Ordinance No. 2011 -07, which Ordinance repealed and superseded prior ordinances relating to Flood Damage Prevention; and WHEREAS, the Board desires to amend Ordinance No. 2011 -07, by adopting, to the extent applicable, regulations and policies set forth in the State of Florida Model Flood Damage Prevention Ordinance, addressing sufficiency findings of the State of Florida Floodplain Management Office, and identifying de minimus impact activities within the special flood hazard area. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2011-07. Section Two is hereby amended as follows: SECTION TWO: ACRONYMS AND DEFINITIONS. A. ACRONYMS BFE Base flood elevation Words Underlined are added; Words ate eugh are deleted. Page I of 7 CCCL CFR FEMA FIRM FIS NAVD NFIP NGVD SFHA SWEL WSWT B. DEFINITIONS Coastal Construction Control Line Code of Federal Regulations Federal Emergency Management Agency Flood Insurance Rate Map Flood Insurance Study North American Vertical Datum National Flood Insurance Program National Geodetic Vertical Datum Area of special flood hazard or Special flood hazard area Stillwater flood elevation Wet season water table Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only applicable to this Ordinance and do not supersede any other Land Development Code definitions Compensator storage torage means the volume of water storage provided to replace the volume of water displaced by construction activity within the designated floodplain. The volume is calculated for the vertical distance between the WSWT and the BFE. Stemwall foundation means a concrete or masonry wall extending from the footing to above grade or base flood elevation. The enclosed area within the vertical walls is filled with compacted material and slab poured over fill and vertical wall. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a Structure, the eumula4ive cost of which equals or exceeds 50 percent of the Market value of the Structure before the "Start of construction" of the improvement. This term includes Structures that have incurred "Substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a Structure to correct existing Violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. This term does not include any alteration of a Historic structure provided that the alteration will not preclude the Structure's continued designation as a Historic structure. Words Underlined are added; Words Stfurak Thf:eug# are deleted. Page 2 of 7 SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07. Section Three is hereby amended as follows: SECTION THREE: GENERAL PROVISIONS. A. LANDS TO WHICH THIS ORDINANCE APPLIES. This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the jurisdiction of the Board of County Commissioners of Collier County, Florida. B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas, dated November - 1-72005 May 16. 2012, with the accompanying maps and other supporting data, are adopted by reference and declared to be a part of this Ordinance. The FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL 34112. SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07. Section Four is hereby amended as follows: SECTION FOUR: ADMINISTRATION. A. PERMIT PROCEDURES. Application for a Development Permit shall be reviewed by the Floodplain Administrator on forms furnished by him or her prior to any Development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed Structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has supervisory and assigned responsible charge, shall include, but not be limited to: Words Underlined are added; Words Stmek are deleted. Page 3 of 7 (13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the emergency deployment of Temporary housing supported by FEMA, Florida Division of Emergency Management and Collier County Emergency Management and its designees. (14) As soon as practicable, but not later than six months after the date such information becomes available, notify FEMA of physical changes affecting flooding conditions by submitting technical or scientific data in accordance with 44 CFR 65.3. SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE 2011 -07. Section Five is hereby amended as follows: SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS. In all SFHA, all Development sites including New construction and Substantial improvements shall be Reasonably safe from Flooding by meeting the following provisions: (16) Building Floor and Slab Minimum Elevations for all areas of Collier County (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 a Registered architect or Professional engineer; when conflict exists between the FIRM Elevation and others, the higher elevation shall be required: i. FIRM Elevation - the elevation that has been established by the Flood Insurance Rate Maps (FIRM). ii. 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 iii. Graded or unfinished Road - 24 inches above the crown if graded or otherwise unfinished, or iv. Mean Sea Level — Finished Floors should be no lower than elevation 5.7 feet in relation to NAVD of 1988 or v. Water Management Design - 1. Buildings with projects which have water management routing and storage facilities designed and built for a 25 year, 3 day storm event in accordance with South Florida Water Management District's criteria may use a finished floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. 2. Buildings which are not within projects having water management storage facilities designed and built for a 25 year, 3 day storm event in accordance Words Underlined are added; Words Stm eug# are deleted. Page 4 of 7 with South Florida Water Management District's criteria shall use a finished floor elevation of 18 inches above the adjacent 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 Professional engineer, of the 25 year, three (3) day storm event and the 100 year, 3 day storm event using zero discharge, for the entire 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 finish floor be less than the FIRM. c. Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. (17) Collier County considers the following as de minimus impact for Development activity within the SFHA and does not require the additional analysis for floodplain elevation rise impact or compensatory storage: i. Construction of a Watercourse crossing (bridge, culvert weir, etc.) with the Professional engineer's signed and sealed plans and calculations demonstrating less than 0.05 feet of vertical hydraulic head loss for the 1- percent annual chance storm event design flow of the Watercourse or ii. Placement of fill within the SFHA, but outside of a Watercourse for construction of a structure's stemwall foundation with fill placement being limited to the interior of the stemwall and the size of the structure limited to the lot coverage allowance in Ordinance No. 04 -41, as amended the Collier County Land Development Code, or iii. Placement of fill within the SFHA, but outside of a Watercourse for construction of a single lane access driveway, or iv. Placement of fill within the SFHA, but outside of a Watercourse for construction of an onsite sewage treatment and disposal system designed to meet the minimum requirements of the Florida Department of Environmental Protection regulations Chapter 64E -6 Florida Administrative Code). B. SPECIFIC STANDARDS. In all A -Zones where BFE data have been provided [Zones AE, AI -30, A (with BFE), and AH], as set forth in SECTION THREE, B, the following provisions, in addition to those set forth in SECTION FIVE, A, shall apply: (1) Residential Construction. All New construction or Substantial improvement of any residential Building (including Manufactured home) shall have the lowest floor, including Basement, elevated to no lower than the BFE. Should solid foundation perimeter walls be used to elevate a Structure, there must be a minimum of two openings on different sides of each enclosed area sufficient to facilitate automatic equalization of Flood hydrostatic forces in accordance with standards of SECTION FIVE, B (3). Words Underlined are added; Words StFuek ThFoutgh are deleted. Page 5 of 7 (6) Standards for Waterways with established BFEs, but without Regulatory Floodways. Located within the SFHA established in SECTION THREE, B, where Watercourses exist for which BFE data has been provided by FEMA without the delineation of the Regulatory floodway (Zones AE and Al -30), the following provisions, in addition to those set forth in SECTION FIVE, B (1) through (5) shall apply. (a) Until a Regulatory floodway is designated, no New construction, Substantial improvements, or other Development, including fill, shall be permitted within the SFHA, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the Water surface elevation of the Base flood more than one foot at any point within the community. (b) Development activities which increase the Water surface elevation of the Base flood by more than one foot may be allowed, provided that the developer or applicant first applies — with the community's endorsement — for a conditional FIRM revision, and receives the approval of FEMA. r SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. Words Underlined are added; Words Swdak Thfough are deleted. Page 6 of 7 SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. Words Underlined are added; Words Swdak Thfough are deleted. Page 6 of 7 SECTION SIX: 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 SEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State or March 30, 2012, whichever is later. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of -�-Qhu a c( , 2012. ATTEST: DWIGHT E. BRO* FRK Y: Att Clel 1 Approved as'tp forrrr'.', and legal sufficiency Jenm B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: G4v-- FRED W. COYLE, CHAIRMAN This ordinance filed with the A&gjpry of te' Off ice, the day of , and acknowledgeme f that fill r e'ved this day of , ey owwy W* Words Underlined are added; Words Swuek Threugh are deleted. Page 7 of 7 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 2012 -06 Which was adopted by the Board of County Commissioners on the 24th day of January, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of January, 2012. DWIGHT E. BROCK,'.. ..... Clerk of Courts'�,4 d, Clerk - Ex- officio tQ ,13iird o" County Commigsadners' a, By: Ann �Iejohn, Deputy Clerk