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Ord 32-16
4 ORDINANCE NO. 32-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITE' OF DELRAY BRACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY REPEALING SECTION 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", RENUMBERING SECTION 4.5.4, "COASTAL CONSTR=UCTION", AND ENACTING NEW CHAPTER 10, "FLOOD DAMAGE CONTROL DISTRICTS AND COASTAL CONSTRUCTION" TO PROVIDE FLOOD HAZARD MAPS, TO DESIGN=ATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTMER PURPOSES; TO AR'T'ICLE 10.4, "COASTAL CONSTRUCTION"; PROVIDING FOR APPLICABILITY, A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 17, 2016, and voted 6 to 0 to recommend that the changes be approved, and WHEREAS, yarsuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has deteta-xiaed that the change is consistent with and futthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Corission of the City of Delray Beach finds the ordinance is consistent with the Com=prehensive Plan, and WHEREAS, the Legislature of the State of Florida has, in Chapter 166 -- Municipalities, Florida Statutes, conferred upon local govern=ments the author ty to a=dopt xegulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special. flood hazard axeas within the boundaries of the City of Delray Beach and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety, ha=zards, disruption of commerce and governmen=tal services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Delray Beach was accepted for participation in the National Flood Insurance Program on April. 9, 1971 and the City of Delray Beach City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Bxilding G©dE, and WHEREAS, the City of Delray Beach City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Bui,&�l,7 ,g Code. NOW, THEREFORE, BE IT ORDAINED by the City of Delray Beach City Commission that the foliowisag floodplain management regulations, and the following local administrative amendments to the Florida B ilr in,g Code, are hereby adopted. lection 1. That the recitations set forth above are incorporated herein. Section 2. That Section. 4.5.3, "Flood Damage Control Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and replaced with chapter 10, "Flood Damage Control Districts and Coastal. Construction" to read as follows: CHAPTER TEN FLOOD DAMAGE CONSTRUCTION ARTICLE 10.1 ADMINISTRATION Section 10.1.1. General. CONTROL DISTRICTS ANIS COASTAL (A) Tom; These regulations shall be known as the Flaodpl a�v ManagEment Regukations of the City of Delray Beach hereinafter referred to a.s "the floodplain Management Regulations". (B) Sc. oye: The provisions of the Floodplain Management RePlations shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, altemti.on., remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt froth the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings, installation or replacement of tanks; placement of recteational vehicles; installation of swimming pools; and any other development. (C) Intent: The purposes of the Floodplain Management Regulations and the flood load and flood resistant construction requirements of the Florida Building Code axe to establish naini*num 2 ORD NO. 32-16 requirements to sateguard the public health, safetg, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) MisYimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Requite the use of appropriate construction practices in order to prevent or minimi e future flood damage; (3) Manage filling, grading, dredging, mining} paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erasion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimi e the impact of development on the natural and beneficial functions of the floodplain; (S) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazatd areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from, flood events; and (8) ;Meet the xequisements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. (D) Coordination with the Florida Building Code; The Floodplain Management Regulations are intended to be administered and enforced in conjunction with the Florida Building Code. Whexe cited, ASCE 24 tefers to the edition of the standard that is referenced by the Florida Building Code. (E) Warni The degree of flood protection required by the Floodplain Management Regulations and the Florida Building Code, as amended by this coxzxmumty, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and 'dill occur. Flood heights may be increased by man-made or natural causes. The Floodplain Management Regulations do not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps =d the xequitements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiting this community to revise these regulations to main eligible for participation in the National. Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with the Floodplain Management Regulations. ORD NO, 32-16 (F) Disclaimer of Liability: The Floodplain Management Regulations shall not create liability on tlae part o£ the City Commission of the City, of Deltay Beach or by any officer or employee thereof for any flood damage that results from reliance on the Floodplain Management Regulations or any ad= nistmtive decision lawfully made thereunder. Section 10.1.2. AA7talxcability. (A.) Genetal: Where there is a conflict between a general requirement and a specific requirement, the specific tequirement shall be applicable. (B) Areas to which the Floodplain Managementagement Regulations Apply: The Floodplain Maaagemmt Regulations shall apply to all. flo d hazard axeas within the City of Delray Beach, as established in LDR Section 10.1.2(C). (C) Basis for Establishing Flood Hazard .Areas: The Flood. Insurance Study and Wave Height Analysis, Delray Beach, Palm Beach County, Florida dated January 5, 1989, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and tevisi.on.s to such maps, ate adopted by reference as a part of the Floodplain Management Regulations and shall serve as the tuinitaum basis for estabEsbing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Delray Beach Building Division., 100 NW` 1st Avenue, Delray Beach, Florida. (D) Submission of Additional Data to Establish Flood Hazard Attu: To establish flood hazard areas and base flood el.evatt=s, pursuant to LDR Section 10.1..5 the Floodplain Administrator may require subraission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base Hood elevation, even in areas not delineated, as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of the Floodplain Management Regulations and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. (E) Other Laws: The provisions of the Floodplain Management Regulations shall not be deemed to nullify any provisions of local, state or federal. law. () Abrogation and greater restrictions: The Floodplain Management Regulations supersede any LDR Section in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stottnwater management -regulations, or the Florida Building Code. In the event of a conflict between the Floodplain Management Regulations and any other ordinance, the more restrictive shall govern. The Floodplain Management Regulations shallnot impair any deed restriction, 4 ORIS NO. 32-16 �4. 4 ' covenatit or easement, but any land that is subject to such interests shall also be. governed by the Floodplain Management Regulations. (0) Intergtetation: In the interpretation and application of the Floodplain. Management Regulations, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing bodg; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Section 14.1.3. Duties and Powers of the Floodplain Administrator. (A) Designation: The. Chief Building Official is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. (B) Gem-taX: The Floodplain Administrator is authorized and directed to administex and enforce the provisions of the Floodplain Management Regulations. The Floodplain Administrator shall have the authority to render interpretations of the Floodplain Management Regulations consistent with the intent and purpose of the Floodplain Mulagement Regulations and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shan not have the effect of waiving requirements specifically provided in the Floodplain Management Regulations without the granting of a variance pursuant to LDR Section 10.1.7. (C) Aplicatians _ and Permits: The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of the Floodplain Management Regulations; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the .interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained ftom other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development penis or approvals for development other than' buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from. the Florida Building Code, when compliance with the Floodplain Management 5 ORIS NO. 32-16 Regulations is demonstrated, or disapprove the same in the event of noncompliance, and (8) Coordinate with and. provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of the Floodplain Management Regulations. (D) Substantial Improvement and Substantial Damage Determinations; For applications for building permits to improve buildings and structures, .including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall; (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work, in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs axe. made; (21) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial, damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and the Floodplain Management Regulations is required. (F) Modifications of the Strict Alaplxcatian of the Requirements of the Florida. Building Code: The Floodplain Administrator shall review requests submitted to the Building Official that seep approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to LDR Section 10.1.7 (F) Notices and Orders: The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with the Floodplain Management Regulations. (G) Inspectiorns: The Floodplain Administrator shall make the required inspections as specified in l:DR Section 10.1.6 for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. g Other Duties of the floodplain Administr t r; The Floodplain Adnsninistrator shall have other duties, including but not Rmi,ted to: ORD NO. 32-16 (1) Establish ptocedutes £ox administering and documenting determinations of substantial improvement and substantial damage made putsuatnt to LDR Section 10.1.3p); (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency TEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support pertnit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by the Floodplain Management Regulations and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Delray Beach are modified; and (6) Advise applicants for new buildings and structures, incliading substantial improvements, that are located is any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." (I) Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Ploodplain Administrator shall maintain and permanently keep and male available for public inspection all records that are necessary for the admit istration of the Floodplain. Management Regulations and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and the Floodplain Management Regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to the Floodplain Management Regulations and the flood resistant construction requirements of the Florida. Building Code. These records shall be available for public inspection at the Delray Beach Building Division., 100 NW 1st Avenue, Delray Beach, Florida. Section 10.1.4 Permits. (A) Permits Required: Any owner or owner's authorized agent (hereinafter "applicant") who 7 ORD NO. 32-16 intends to undertake any developImyent activity within the scope of the Floodplain Management Regulations, including buildizgs, structures ani, facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall. first make application to the Floodplain Administrator, and shall obtain the required perzm. (s) and approval(s). No such permit or approval shall be issued until compliance with thetequireMent3 of the Floodplain Management Regulations and all, ether applicable codes and regulations has been satisfied. (P) FloodlLlain DevLlo meat Permits or A rovale: Floodplain development permits or approvals shall be issued puts ant to the Floodplain Management Regulations for any development activities not subject to the requ�examen.ts of the Florida. Building Code, including buildings, straames and facilities exempt from the Flo r}da Building Code. Depending on the nature and extent of proposed development that includes a b��' din or structure, the Floodplain Administrator may deter e that a floodplain development permit o�approval is required in addition to a building pej=t. (C) Buildings. Strdctutes and Facilities Exempt from the Florida Building [:ods; Pursuant to the requirements �f federal regulation for participation in the Natiomd Flood Insurance Program (44 C.F.R. Sections 59 Od 60), floodplain development permits or approvals shall be required for the following buildings, sttucturo and facilities that are exempt from the Florida Building Cade and any further exemptions provided by law, which are subject to the requirements of the Floodplain Management Regulations; (1) Railroads sand ancillary facilities associated with the railroad. (2) NontesidIntial farm buildings on farms, as provided in section 604.50, F.S. (3) Tempor. buildings or sheds used exclusively for construction purposes. (4) M.--- 7:tlnodulat sttuctures used as temporary offices. (5) 'Whose sI ctures or facilities of electric utilities, as defined in section 366-02, F.S., which are directly involved in the�generarion, transmission, or distribution of electricity. (6) Chickees constructed by the 1Wiccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this aragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmettp or other traditional materials, and that doses not incorporate any electrical, plumbing, or other non -wood features. (7) Fwx&y mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (S) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. � (9) Structures' identified in section 553.73(10)(k), F.S., are not exempt ftorn the Florida Building Code if such structure are located in flood hazard areas established on Flood Insurance Rate Maps. j ORD NO. 32-16 (0) Apkation for a Permit or Approvals To o'btaixa, a floodplain development perixait or approval the applicant shall £'first %l.e an application in wasting on a form furnished by the community. The information provided shall: (1) Identify and describe the development to he covered by the pen -nit or approval. (2) Describe the ]and on which the proposed development is to be conducted by legal description, stteet address or similar description that will readily identify and definitively locate the site. Section 10.1..5. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in LDR (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Adtrcalxaaistratox. (E) Vey-of_Perxm4_ qa;_ Approval: The issuance of a floodplain development permit or approval pursuant to the Floodplain Management Regulations shall not be construed to be a permit for, or approval of, any violation of the Floodplain Management Regulations, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. (F) E aration: A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned fox a period of 180 days aitex the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. (G) Suspetision or revocation.: The Floodplain Administtatox is authorized to suspend or revoke a floodplain development pemilt or approval if the permit was issued in =or, on the basis of incorrect, inaccurate or incomplete information, or in violation of the Floodplain Management Regulations or any other ordinance, regulation or requirement of this community. (H) Other Permits Required: Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The South Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems;. section 381.0065,. F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Eaviton=ental Protection for construction, reco:astractton, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) ' Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. 9 ORD NO. 32-16 (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (G) Federal permits and approvals. Section 10.1.5 Site Plans and Construction Documents. (A.) Information for development in flood hazard areas. The site plata or construction documents for any development subject to the requirements of the Floodplain Management Regulations shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for tevim of the proposed development. (2) Where base flood elevations or flood -way data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with LDR Section 10.1.5(B)(2) or 10.1.5(B)(3). (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with LDR Section 10.1.5(13)(1). (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard axeas, new buildings shall be located laadward of the reach of mean high tide. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) There the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill, areas are the minimum necessary to achieve the intended purpose. (7) • Delineation of the Coastal Constr'uct'ion Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.. (9) Existing and proposed alig=ent of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission, of site plans, construction documents, and other data that are requited by the Floodplain Management Regulations but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with the Floodplain Management Regulations. (B) Information in Flood Hazard Areas Without Base )flood Elevations (Approximate Zone A): Where flood hazard areas ate delineated on the FIRM and base flood elevation data have not 10 ORD NO. 32-16 (1) Requite the applicant to include base flood elevation data prepared in accordance with, currently accepted enginee ing practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available ftotn a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available ftorn a federal or state agency or other source. (3) Where base flood elevation, and floodway data are not available from another source, where the available data are deemed by the Floodplain .A,drnir�istxatox to not xeasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Requite the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practises; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been ox may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a setter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a fbimat required by FEMA, and that it shall be the xesponsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (C) Additional Analyses and Cettifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway enctoachnent analysis that demonsttates that the encroachment of the proposed development will not cause any increase in base flood elevations; Where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in LDR Section 10.1.5(1`7) and shall subimit the Conditional Letter of Map revision, if issued by FEMA, with the site plan and construction documents. (2) - For development activities proposed to be located in a rivetine flood hazard area for which base flood elevations are included M' the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that detnonstrate that the cumulative effect of the proposed development, when combined with all other existing; and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a tiverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 11 ORD N4. 32-16 (3) Fox alteration of a watexcouxse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-cara;ying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a mariner which preserves the chaxlnePs flood -carrying capacity, the applicant shall submit the analysis to FEMA as specified in LDR Section 10.1.5(D). (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration: will not increase the potential for flood damage. P) Submission of Additional Data: When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seep a Letter of Map Change tom. FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the xespotLsibility of the applicants Section 1.0.1..6 Xnsections. () General: Development for which a floodplain development permit or approval is required shall be subject to inspection.. (B) Development Other Than Buildings and Structures: e bloadplain Administrator shall inspect all, development to determine compliance with the tequiretnents of the Floodplain Management Regulations and the conditions of issued floodplain development permits or approvals. (C) Buildings, Structures _and lEacil_rti_es & rmpt from the Florida Building Crede: The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of the Floodplain Management Regulations and the conditions of issued floodplain, development permits or approvals. (D) Bir ldings, Structures and Facilities Exempt from the Florida Building Code, Lo -Wes# Flootr i:nspectioasx: Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure, or facility exempt from the Florida Building Code, or the owner's authorized agent, shall, submit to the Floodplain Administtator: (1) If a design, flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the tequired elevation of the lowest floor was determined in accordance with SDR Section 10.1..5(B)(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (E) Buildings, Structures and Facilities Exempt from the Florida Building Code, Final 12 URD NO. 32-16 Inspection: As part of the final inspection, the owner or owners authorized agent shall submit to the Floodplain, Administrator a final cettifzcation of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in LDR Section 10.1.6 D). Manufactured Home: The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of the Floodplain Management Regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. Section 10.1.7 Variances and Appeals. (A) General: The Board of Adjustment shall heal: and decide on requests for appeals and requests for variances from the strict application of the Floodplain Management Regulations. Pursuant to section 553.73(5), F.S., the Board of Adjustment shall heax and decide on requests for appeals and tequests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. (B) -Appeals- The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in say requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of the Floodplain Management Regulations. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. (C) Limitations on authority to grant variances: The Beard of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in LDR Section 10.1.7(G) the conditions of issuance set forth in LDR Section 10.1.7(I�, and tlae comments and recommendations of the Floodplain Administrator. The Board of Adjustment has the tight to attach such conditions as it deems necessary to further the purposes and objectives of the Floodplain Management Regulations. (D) Restrictions in Flgodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the, applicable analyses and certifcatior s required in LDR Section 10.1.5(C) (E) TTistoric Buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, of rehabilitation will not preclude the building's continued designation as a .historic building and the variance is the mixalrnum:necessary to preserve the historic chaucter and design of the building. If the proposed work pxecludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 13 ORD NO. 32-16 W) Functi.oma1J+,��—ePendent Uses: A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a. functionally dependent use, as defined in the Floodplain Management Regulations, provided the variance meets the requirements of LDR. Section 10.1.7(17), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (G) Considerations for Issuance of r' ces: In reviewing requests for Vatiances, the board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Bual ng Code, the floodplain Management Regulations, and the following. (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive piaa and floodplain management program for the area; (S) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (H) Conditions for Issuance of Variances: Variances shall, be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of the Floodplain Management Regulations or the required elevation. standards; (2) Determination by the Board of Adjustment that: {a) Failure to grant the variance would result in exceptional hardship due to the 14 ORIS NO. 32-16 physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional tbxeats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with =sting local lays and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the vat_ian.ce, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) if the request is fot a variance to alloy construction of the lowest floor of anew building, or substantial improvement of a building, bellow the required elevation, a copy in the record of a written notice from, the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal, Rood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to He and property. Section 10.1.8 Violations. (A) Violations: Any development that is not within the scope of the Florida Builang Code but that is regulated by the Floodplain Management Regulations that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with the Floodplain Management Regulations, shall be deemed -a-violation of the Floodplain Management Regulations. .A. building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by the Floodplain. Management Regulations or the Florida Building Code is ptesurned to be a violation until such time as that documentation is provided. (B) Authority. Fox development that is not witlaia the scope of the Fkrida Builedng Come but that is regulated by the Floodplain. Management Regulations and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work, (C) Unlaw£al Continuance: Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or xemedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. 15 ORD NO. 32-16 ARTICLE 10.2 DEFINITIONS Section 10.2.1 General. (A) E e: Unless otherwise expressly stated, the following words and terms shall, for the purposes of the Floodplain Management Regulations, have the meanings shown in this section. (B) Terms Defined in the Florida Building Code: Where te=s are not defined in the Floodplain Management Regulations and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. (C) Terms Not Defined: Where terms are not defined in the Floodpla n Management Regulations or the Florida Building Code, such terms shall have ordizarlly accepted meanings such, as the context implies. Section 30.2.2 Defitritions. Alteration of a watercourse. A darn, impoundment, channel relocation, change in channel allgnment, channelization, or change in cross-sectional area of the channel or the channel capacitp, Of any other form of modification which may alter, impede, retard or change the direction and/or velocity of the rrverine flow of water duting conditions of the base. flood. Appeal A request for a review of the Floodplain Administrator's interpretation of any provision of the Floodplain Management Regulations. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Cade. ASCE 24 is developed and. published by the Anxetican Society of Civil. Esagineers, Reston, VA. Base flood. A flood having a 1 -percent chance of being equaled or exceeded in any givers year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-yeat flood" or the "1 -percent -annual chance flood". Base flood elevation.. The elevation of the base flood, including wave height, telative to the National Geodetic Vertical Dattim (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood lnsut-ance Rate Map (FIRK. [Also deEmed in FBC, B, Section, 1.612.2•] Basement. The portion of a building having its floor subgmde (below ground level) on all sides. [Also defined in FBC, B, Section 161.2.2.1 Coastal construction control lure. The line established by the State of Florida pursuant to section 16 ORD NO. 32-16 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special. flood hazard- area extending from offshore to the inland Emit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard 'areas subject to high velocity wave action" or "V Zones" and are designated on Flood. Insurance Rate Maps g RM) as Zone VI V30, VE, or V. Design flood., The flood associated with the Veatet of the following two areas: [Also defined. in FBC, B, Section 1612.2.1 (1) Area with a floodplain subject to a 1 -percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the good hazard map. In areas designated. as Zone AO where the depth Number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development, Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, to nporaty or permanent storage of equipment or materials, raing, dredging, filling, grading, paving, excavations, dtilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of rivetine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before April 9, 1971. [Also defined in FBC, B, Section 1.61.2.2.1 Existing manufactured bonze park or subdivision. A manufactured home parts or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (itzcluding, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 9, 1971. Expansion to an existing manufactured home park or subdivision. The preparation of 17 ORD NO. 32-16 additional sites by the construction of facilities for servicing homes are to be affixed (including the installation of utilities, final site grading or the pouting of concrete pads). 11 1 the lots on which the manufactured the construction of streets, and either Federal Emeitgency Management Agency (FEMA). The fedexal agency that, in addition to carrying out ether functions, administers the National Flood Insurance Program. Flood of flooding. A general aad tempotary condition of partial or complete inundation of normally dry land from. [Also defined in FBC, $, Section 1612.2.1 (1) The overflow of inland or tidal waters. (2) The unusual and -rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodvraters without sustaining any damage that requites more than cosmetic repair. [Also deEmed in FBC, B, Section 1612.2.] Flood hazard area. The greater of the following two areas; [Also defined in FBC, l3, Section 1612.2.] (1) The area within a floodplain subject to a 1-petcent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood. Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated bath special flood hazard areas and the risk premium zones applicable to the community, [Also defined in FBC, B, Section 1612.2.1 Flood Insurance Study (FIS). The official report provided by the Fedetal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood., and supporting ter+aical data. [Also defined in FBC, li, Section 1612.2.1 Floodplain. Administrator. The office or position designated and charged with the administration and enforcement of the Floodplain Management Regulations (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or ce tificate issued by the community, or other evidence of approval ox concurrence, which authorizes performance of specific development activities that ate. located in flood hazard areas and that axe detettriined to be compliant with the Floodplain, Management Regulations. 18 ORD NO. 32-1 fi a rivet or other rivenne watercourse and the adjacent land areas must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment kito a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer: using standard engineering methods and models. Florida Building Code. The fam ly of codes adopted by the. Florida Building Commission, including: Florida Building Code, Building, Florida Building Code, Residential; Florida Building Code, Existing building; Florida Building Code, Mechanical; Florida Building Code, Fluxnbkg; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot petform its intended purpose unless it is located or carried out in close proxdmity to water, including only docldn.g facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related lnanufactuling facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, & sting Building, Chapter 11 Historic Buildings. Letter of Map Change (LO -MC). An official determnation issued by FEMA that amends az revises an effective flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOM.&): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LO:MA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMB.): A, revision based on technical data that may show changes to flood zones, flood elevations, special flood haza:d area boundaries and floodway delineations, and other planirnetric features. Letter of Map Revision Based on Fill (LOMB -F): A determination that a structure or parcel of land has been elevated by fill, above the base flood elevation aad is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must Dave been permitted and placed in accordance with the cvmtnunity's floodplain management regulations. 19 ORD NO. 32-16 Conditional Letter of Map Revision (CLOMR.): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum, NpIP requirements for such projects with respect to delineation of special flood hazard areas, A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by :FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86,082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant eaclosure, other than, a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also deS ned in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a. permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manu.factryared home" does not include a "recreational vehicle" or "park trailer". [Also defined in 15C-1.0101, F.A.C.] Manu£acta red home parr or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured horse lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in the Floodplain Management Regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash. Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factox provided by the Property Appraiser. 20 ORD NO. 32-16 iyew construction. r"or the purposes of admtntsttation of the Floodplain Management Regulations and the flood resistant constriction requirements of the Florida Building Code, structures for which the "start of constructioe' commenced on or after April 9, 1971 and includes any subsequent improvements to such structures. New manufactuted home park or subdivision. A manufactured home parr or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes acre to be affixed (including at a minimum, the installation of utilities, the construction of streets, said either final site geading or the pouring of concrete pads) is completed on or after April 9, 1971. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. '[Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, P.S.) (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection, (3) Designed to be self-propelled or permanently towable by a light-duty truck, and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occu=ng acc=ulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 pexcent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance of permits fox new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the: issuance. The actual start of construction means either the first placement of permanent constmcdon of a building (including a manufactured home) on a site, such as the pouting of slab or footings, the installation of piles, the construction of colurms. Permanent coristtuction does not include land preparation (such as cleaning, grading, or filling), the installation of streets of walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as 21 ORD NO. 32-16 garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cast of xestoxing the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2•] Substantial imptovemetit. kny :repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage", any repairs are considered substantial improvement regardless of the actual repair work petfotmed. The term does not, however, include either: [Also defined. in FBC, B, Section 1612.2.1 (1) Any project for improvement of a building requited to correct existing health, sanitary, or safety cede violations identified by the Chief Building Official and that are the minimum necessary to assure safe living conditions. (2) Any altexation of a histoxic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief fxom the requirements of the Floodplain Management Regulations, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by the Floodplain Management Regulations or the Florida Building Code. 'watercourse, -G 2. river, geek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. ARTICLE 1.0.3 FID-00—RESISTANT DEVELOPMENT Section 10.3.1 Bi illi= and Structures. 4 (A) Design and Const ctioa of Buildings, Structures and Facilities Exempt from the Florida Building Code: Pursuant to LDR Section 10.1.4(C), buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCD, 24. Structures exempt Rona. the Florida Building Code that are not walled and roofed buildings shalt comply with the requirements of LDR Section 1}.3.7. 22 ORD NO. 32-16 extending, in -whole or in part, seaward of the coastal construction control line and also located., in whole or in past, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the taoxe restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section 8322. (2) Minor structures and non -habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of the Floodplain Management Regulations and ASCE 24. Section 10.3.2 Su di ' i tr . (A,) Minimum Requirements: Subdivision, proposals, including proposals for manufactured home parks and subdivisions, shall, be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems ate located and constructed to m nbrr,iae or eliminate flood dwnage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shaft be provided to guide floodwaters around and away ftom proposed structures. (B) Subdivision 1'1ats: Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be requited: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appxopriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with LDR 10.1.5(B)(1); and (3) Compliance with the site improvement and utilities requirements of LDR Section 10.3.3, Section 10.3.3 Site Improvements, Utilities and Limitations. (A) Minimum Requirements: All proposed new development shall, be reviewed to determine that: (1) Such proposals are consistent with the need to minitni7e flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and 23 ORD NO. 32-16 11 water systems are located and constmr-ted to mwimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazaxds; in Zones AH and ACS, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (B) Sa u atut t}r Sewage Facilities: All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to trri�e or eliminate infiltxation of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. (C) Water Supper Facilities: All new and replacement water supply facilities shall be designed in accordance with the crater well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to i ninimia or eliminate infiltration of floodwaters into the systems. (D) Limitations on Sites in Regulatory Floodwags- No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in LDR Section 10.1.5(C)(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. (E) Limitations on Placement of Fills Subject to the limitations of the Floodplain Management Regulations, fill shall be designed to be stable under conditions of flooding including xapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion and scout. In addition, to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Bnildang Code. () Limitations on Sites in Coastal High Hazard Areas (Zone 30: In coastal high hazard areas, alteration of sand dunes and mangrove strands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by LDR Section 10.1.5(C)(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Consttuctioni or restoration of dunes under or around elevated buildings and structures shall comply with LDR Section 10.3.7(H) (3). Section 10.3.4 Manufactured Horner. (A) General: All manufactured hornes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the tequirements of the Floodplain Management Regulations. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable tequirements. 24 ORD NO. 32-16 (B) foundations: All new :txa.anutactuted homes and replacement manufa.ctated homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the .Florida Bzail &g Code, Re,idenfial Section 11.322.2 and the Floodplain Management Regulations. Foundations for manufactured homes subject to LFII. Section 10.3.4(F) are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Flaridra .Building Code, B.eidenfiral Section 8322.3 and the Floodplain Ma,aagement Regulations. (C) Anchoring: All neer manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of a:achoxing include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind .resistance. (D) Elevation: Manufactured homes that are placed, replaced, or substantially improved shall comply with LDR Section 10.3.4(E) or 10.3.4(F) as applicable. (E) General Elevation Reauirernent: Unless subject to the requirements of LDR Section 10.3.4(F), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured l ome park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at ox above the elevation. requited, as applicable to the flood hazard area, in the Florida Building Code, Residential Section 8322.2 (Zone A) or Section 8322..3 (Zone V). (F) Elevation Requitement for CertaiA-_ Existing Matru£actured Home Parks and Subdivisions: Manufactured homes that are not subject to LDR Section 10.3.4(E) including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation requIxed, as applicable to the flood hazard area, in the Floridan Bs aldirz Code, Residengal Section R322.2 (Zane A) or Section R322.3 (Zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that ate not less than 36 inches in height above grade. (G) Enclosures: Enclosed areas below elevated manufactured homes shall comply with the 25 ORD NO. 32-16 requirements or ttie rionda .tfuaiaang t,aae, 1SeridenAa! �;ectlon -322.2 or :x.322.3 for such enclosed areas, as applicable to the flood hazard area.. RtT� ft Equipxneattt: Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Flonda Building Code, Readentud Section R322, as applicable to the flood hazard area. Section 10.3.5 Rccteationa.l Vehicles and Park Trailers, (A) Tim raty Placement: Recreational vehicles and park trailers placed temporai ly in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no pe=an.ent attachments such as additions, rooms, stairs, decks and porches. (B) Pertnanetit Placement: Recreational vehicles and park trailers that do not meet the limitations in LDR Section 10.3.5(A) for temporary placement shall meet the tequirements of LDA Section 10.3.4 fox manufactured homes. Section 10.3.6 Tanks. (A) Underau- — _'T'an.ks: Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads dutyxrg conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (B) Above -Ground Tanks, not Elevated: Above -ground tax -dm that do not meet the elevation xequitements of LDR Section 10.3.6(C) shall: (1) Be pertri tted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting #'roux hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). (C) Abovc-Ground Tanks,_ Elevated: Above-gxound tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation xequitennents of the applicable flood hazard area. (D) 'T'ank Inlets and Vents: Tank inlets, fill openings, outlets and vents shall. be: (1) At or above the design flood elevation or fitted with covers designed to prevent the 26 ORD NO. 32-16 or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Section 10.3.7 Other De el m t< . (A) General Requirements fir Other Develory: All development, including man-made changes to improved orunimproved zeal estate for which specific provisions are x�ot specified in the Floodplain Management Regulations or the Florida Building Code, shall: (1) Be located and constructed to rninl=i e flood damage,; (2) Meet the limitations of LDR Section 10.3.3(D) if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hpdrosta.tic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical hart of building code fox wet locations. (B) laences in Regulated Floodways: Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of LDR Section 10.3.3p). (C) Retaip meg Walls, Sidewalks and Driveways in Regulated Floodways: Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of LDR Section 10.3.3(D). (D) Roads and Watercourse Crossings in Regulated Floodways: Roads and watercourse crossings, including toads, bridges, culverts, low-water crossings and sitr liar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of LDR Section 10.3.3(D). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of LDR Section 10.1.5(C)(3). (E) Concrete Slabs Used as Parldag Pads,Enclosure, Floors Landino, Decks Wall ways. Patios and Similar Nonstructural' Uses in Coastal High Hazard Areas (7 -one W Iii coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, wallrcvays, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures prodded the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to tninii-nifie debris during flooding that is capable 27 ORD NO. 32-16 damage to any, sttuctnxre; and (3) Have a maximum slab thickness of not more than four (4) inches. F Decks anal Patios in Coastal High Hazard Areas (—Zone 30: In addition to the requirements of the Flotda Bu l&ng Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased leads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shalt be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to min�e debris during flooding that is capable of causing structural damage to the buading or structure or to adjacent buildings and structures, (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be appxoved unless an analysis prepaxed by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave to up arad wave reflection that would increase damage to the building or stracture or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural Ell rxnaterial that is sir.,ilar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. (G) 4th -ex Development in Coastal Hula lE umd .Meas (Zone : In coastal high hazard areas, development activities other than buildings and structures shall be pem itted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harrnful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences Axone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) tin -site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 28 ORD NO. 32-16 w areas: (1) - Minor grading and the placement of miner quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registexed design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase dat nage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental P-totection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach - dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. ARTICLE 1.0.4 COASTAL CONSTRUCTION Section 1.0.4.1. Pumose and Intent. The purpose of this Section is to provide minimum standards for the design and construction of buildings and structures to :reduce the l7arnaftil effects of hurticaces and other severe storms occurring along tie coastal area of the City. These standards axe intended to specifically address design features which affect; the structural stability of the beach, dunes, and topography of adjacent properties. Section 10.4.2 Aj2nlic�ty .and Exceptions. (A) Geographic Area: The requirements of this Section shall apply to construction and development in the Coastal Building Zone which is ideatxfted as the land area between the seasonal high- water line of the Atlantic Ocean and a line 1,500 feet landward from the coastal coastmction control line, (B) Tyres of Construction: The xequixere.eats of this Section shall apply to the following types of construction in the coastal building zone or partially within the coastal building zone. (1) The new construction of, or substantial improvement of major structures, nonhabitable major stxucta res, and minor structures. (2) Construction which would change, or otherwise have the potential for substantial impact on coastal zones e.g. excavation, grading, paving. (3) Reconstruction, redevelopment, or repair of a damaged structure from any cause which meets the definition of a substantial improvement. 29 ORD NO. 32-1 G (C) Conflict With Other Regulations: In the event of a conflict between this Section and other pottions of these regulations, the requirements resulting in the more restrictive design shall apply. No provision in this Section shall be construed to permit any constraction in any area prohibited by city, county, state, or federal regulation. (D) $peci,a.lInformation. (1) Certifications-, for Building Permits.: Applications for building pe.YtYlits for construction in the Coastal Building Zane, if not of normal or usual design, may be required by the Chief Building Official to be certified by an architect or professional engineer registered in the State of Florida. Such certification shall state that the design plans and specifications are in compliance with the criteria established by this Section. (2) Reference Documents: Assistance in determining the design patraraetets and methodologies necessary to comply with the requirements of this Section may be found in the following. (a) Shore Protection Manual, U.S, Army Corps of Engineers, latest edition.. (b) U,S. Department of the Army, Coastal Engineeidng Reseaar& Center's Technical Papers and Reports. (c) Florida Department of Environmental protection. (d) Naval Facilities Engineering Conunand Design Manual, NAVFAC DM -26 U.S. Department of the Davy. (e) Florida. lBuildiug Code, latest edition. (E) Exceptions: The requirements of this Section shall not apply to the following: (1) Minor work in the nature of normal beach clearing and debtx.s removal. See ,Section 4.5.5 P) for such requirements. (2) Structures in existence, or construction for which a valid and unexpired building; permit was issued, prior to December 30, 1986, except for substantial improvements. (3) Construction extending seaward of the seasonal high-water litre which is regulated by the provisions of FS, 161.041 e.g., groins, jetties, males, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, and the litre. (4) Construction of nonhabitable major structures and minor structures except that they shall be designed to produce the Ynl7tiitnum adverse impact on the beach and dune system and shall comply 30 ORD NO. 32-16 i with the applicable standards of construction found in the Standard Building Code, as amended. And, that public facilities comply with the following, at a minimum: (a) All sewage txeatmeaat and public water supply systems shall be flood -proofed to prevent infiltration of surface water anticipated under design storm conditions. (b) Underground utilities, excluding pad transformers and vaults, shall be flood - proofed to prevent infiltration of surface water anticipated under design storm conditions or shall otherwise be designed to fu:actioa when submerged under design storm conditions. (5)- Structures listed in the National Register of historic Places of the State Inventory of historic Places, unless located within the Special Flood Hazard Area (SFHA). (G) Comttuction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Section 10.4.3 _Development Regulations, (A) Public Access: Where the public has established an accesswap through private lands to lands seaward of mean high tide or water line by prescription, prescription easement, or other legal means, development or construction shall. not .interfere with the tight of access unless a comparable alternative accessway, is provided. The developer shall have 'the right to improve, consolidate, or relocate those public accessways so long as they are: (1) Of substantially sirnilnt duality and convenience to the public; (2) Approved by the local government and appxoved by the Department of Natural Resources whenever improvements are involved seaward of the coastal' construction line; and ` (3) Consiste=t with the coastal management element, of the local Comprehensive Plan. (B) Location of Constructioiz: Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection sttuctcres, shall be located a sufficient distance landward of the beach to pen -nit natural shoreline flxxctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished. (C) Structural Requirements: . 31 ORD NO. 32-16 (1) Design and Constructiorx: Major structures, except for mobile homes, shall be designed and con.str6cted in accordance with Florida Builditxg Code, latest edition, and applicable federal and state agencies. (D) Foundations: The elevation of the soil surface to be used in the design of foundations, calculation of pile reactions and beating capacities shall not be greater than that which would result from the erosion. reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall, consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall, account for all vertical and lateral erosion and scour -producing forces, including localized scout due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since Juane 30, 1980, Upon request the Florida Department t of Environmental Protection may provide information as to those areas within coastal building zones where erosion and scout of a 100 -year storm event is applicable. (E) Wave Forces. (1) Calculations for wave forces resulting from design storm conditions on building foundations and superstructures may be based upon the mii um cxitetia and methods prescribed in the Naval Facilities Engineedzg Command Design Manual, NAVFAC DM -26, U.S. Department of Navy, Shore Protection Manual, U.S. Department of the Army Corps of Engineers, U.S. Department of the Army Coastal Engineering research Centex Technical Papers and Reports; the Technical and Design Memozaada of the Division of beaches and Shores, Florida Department of Natuxal. Resources; or other professionally recognized methodologies which produce equivalent design criteria. (2) Breaking, broken, and nonbtealdng waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact as well as dynamic loading and the harmonic intensification resulting from repetitive waves. (F) IF- y�rostatic-Loads. Calculations for hydrostatic loads shall consider the maximum watex pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely tise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (for example, floors, slabs, roofs, and walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be. determined by considering the separate vertical and hottizontal components acting simultaneously under the distribution of the hydrostatic pressures. (G) Hydrodynamic Loads: Hydxodpamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design stotm.. Full intensity loading shall be 32 ORD NO. 32-16 velocities. Seco For the purposes of jurisdictional applicability, this Section shall apply in the City of Deltay Beach. This Section shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Section. Section 4. That various sections of the Land Development Regulations of: the Code of Ordinances of the City of Delray Beach, Florida, be and the same axe hereby amended to update all cross references that relate to this nm Chapter. Table 1 lists the cross references that are being atnended and updated by this ordinance. ection 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shah not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7, That this ordinance'shall become effective immediately upon its passage on second and finalreading, PASSED AND ADOPTED in regular session on second an a ' g on this the A�7 of 2016, .� 0R City Clerk �y First Readin \\\\ 5 c L)\\' Second Rea. \D \ \ 33 ORD NO, 32-16