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2009-3656 Ordinance,! ORDINANCE NO. 2009-3656 I AN ORDINANCE OF THE MAYOR AND CITY COM MISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DE LETING THE LANGUAGE IN CHAPTER 54, ENTITLED "FLOODS," SECTIONS 54-31 THROUGH 54-92 THER EOF, IN ITS ENTIRETY, AND REPLACING IT WITH A NEW C HAPTER 54, AND NEW LANGUAGE, AS SET FORTH IN NEW S ECTIONS 54 31 THROUGH 54-56 THEREOF; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECT IVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE i MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDi : SECTION 1. That Chapter 54, Article II, Divisions 1 through 3, S fi 54-92, of the Code of the City of Miami Beach, Florida, is ctions 54-31 through hereby deleted in its entirety, and replaced with a new Chapter 54, and new lang new Article II, new Divisions 1 through 5, and new Sections uage, as set forth in a 54-31 through 54-56; all as follows: A DTIPI C 1 IAI !_`CAICDAI C....~ ea .1 ce ~n D............1 ADTI/`I C 11 CI AAI1D1 AIAI A11AA1 A/_C1111CAIT 1'111/ICIAAI A f_C AICDAI 1 V d "~ +h:e. 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Fn..+~..nA hmm~n /mnhiln hmm~n . \ n.~rL n ..h.+ivic.inn A rnnln hmm~n+ nnOnnF .r n.J hn mn hn nlnnnrl In4 in+inn of +h'n nnnFnn n n+ /~\ All „h.dhdn nln nhnll hn in+n ri+ ui+h +hn nni+ +n nlnn+rinnl nnrl ...n+nr n .n+mm~ Innn+nd and n no+n .n+nrl fn m ttdbtl"tlIIIYY~ ' ~ .i ~ +h n+ ic. nn+ c. h.l nr 4hnn +hn Innnn of Cn In+n n. f6. n .~nrn~ /!'1rr+ ~In (]OAQOO A 4/Q dR/h1\ 77_7 07\ ARTICLE I. IN GENERAL Secs. 54-7--54-30. Reserved. ARTICLE II. FLOODPLAIN MANAGEMENT DIVISION 1. GENERALLY Sec. 54-31. Statutory Authorization. The Legislature of the State of Florida has authorized and delegated in Chapter 166, Florida Statutes. the responsibility of local government units to adopt regulations designed to promote the public health, safety. and general welfare of its citizenry. Therefore. the Commission of the Citv of Miami Beach does hereby adopt the following floodplain management regulations. Sec. 54-32. Findings of Fact. (1) The flood hazard areas of the Citv of Miami Beach are subject to periodic inundation. which results in loss of life and property. health and safety hazards, disruption of commerce and governmental 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 19 (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed. or otherwise unprotected from flood damages. Sec. 54-33. Statement of Purpose. It is the purpose of this ordinance to save lives, promote the public health, safety and general welfare, and minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to life, health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities: (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; (3) Control the alteration of natural floodplains, stream channels. and natural protective barriers which are involved in the accommodation of flood waters: (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood ban'iers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Sec. 54-34. Objectives. The objectives of this ordinance are to: (1) Protect human life. health and to eliminate or minimize property damage: (2) Minimize expenditure of public money for costly flood control projects: (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public: (4) Minimize prolonged business interruptions: (5) Minimize damage to public facilities and utilities such as water and gas mains, electric. telephone and sewer lines, roadways. and bridges and culverts located in floodplains: 20 (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuvers are notified that propertv is in a flood hazard area. Sec. 54-35. Definitions. Unless specifically defined below. words or phrases used in this ordinance shall be intemreted so as to give them the meaning thev have in common usage and to aive this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of propertv as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment. may not be used for human habitation. and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports. storage sheds, pole barns, and hav sheds Addition (to an existins~ building) means anv walled and roofed expansion to the perimeter of a building in which addition is connected by a common load- bearing wall other than a fire wall. Anv walled and roofed addition which is connected_by a firewall or is separated by independent perimeter load-bearing walls is new construction. Appeal means a request fora review of the Building Director or his/her designee's interpretation of anv provision of this ordinance or a request for a variance. Area of shallow floodins~ means a designated AO or AH Zone on the Citv's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a City subject to a one percent or greater chance of flooding in anv given vear. This term is svnon~mous with the phrase "special flood hazard area." Base flood means the flood having a one percent chance of being equaled or exceeded in anv given vear (also called the "100-vear flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. 21 Base Flood Elevation means the water-surface elevation associated with the base flood. Basement means anv portion of a building having its floor sub-grade (below ground level) on all sides. Board means the City's Floodplain Management Board Breakaway wall means a wall that is not part of the structural support of the buildina and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building -see Structure. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and anv other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 - V30, VE, or V. Crown of road (center line) means a line running parallel with the highway right-of-way which is half distance between the extreme edges of the official right-of-way width as shown on a map approved by the Department of the Public Works. Datum A reference surface used to ensure that all elevation records are properly related. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAND) of 1988. Develoament means any man-made change to improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging. filling, grading. paving. excavating. drilling operations. or storage of materials or equipment. Elevated buildina means anon-basement building built to have the lowest floor elevated above the ground level by foundation walls, posts, piers, columns. pilings. or shear walls. which may impede or alter the flow capacity of a floodplain. Existing Construction means. for the purposes of floodplain management, structures for which `Yhe start of construction" commenced before December 12. 22 1992. For the purposes of determining rates, existing construction shall mean structures for which the "start of construction" commenced before December 12, 1992. This term may also be referred to as "existing structures". Existing manufactured home park or subdivision means a manufactured home~ark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets. and either final site aradinq or the pouring of concrete pads) is completed before December 12. 1992. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities. the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means: ~ A General and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters. The unusual and rapid accumulation or runoff of surface waters from any source. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition. the areas of special flood hazard and regulatory floodwavs. 23 Flood Hazard Boundary Map (FHBM) means an official map of the Citv. issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as only Approximate Zone A. premium zones applicable to the community Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by FEMA. The study contains an examination. evaluation. and determination of flood hazards, and. if appropriate, corresponding water surface elevations. or an examination, evaluation, and determination of mudslide (i.e.. mudflow) and other flood-related erosion hazards. The study may also contain flood profiles, as well as the FIRM. FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding"). Floodplain manas~ement means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing. where possible. natural resources in the floodplain, including but not limited to emergency preparedness plans. flood control works. floodplain management regulations, and open space plans. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations of the Citv. Floodplain manas~ement regulations means this ordinance and other zoning ordinances, subdivision regulations. building codes. health regulations. special purpose ordinances (such as floodplain ordinance, grading ordinance. and erosion control ordinance). and other applications of police power which control development in flood-prone areas. This term describes Federal. State of Florida. or local regulations in any combination thereof. which provide standards for preventing and reducino flood loss and damage. Floodproofina means any combination of structural and non-structural additions, changes, or adjustments to structures. which reduce or eliminate flood damaoe to real estate or improved real property, water and sanitary facilities structures and their contents. Floodwav means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated heiaht• 24 Floodwav fringe means that area of the one-percent (base or 100-year) floodplain on either side of the regulatory Floodwav. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, blockage of bridge or culvert openings. and hydrological effect of urbanization of the watershed. which could contribute to flood heights greater than the heights calculated for a selected freguencv flood and floodwav conditions. beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (V-Zones). Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture. sales. or service facilities. Hardship as related to variances from this ordinance means the exceptional difficulty associated with the land that would result from a failure to Grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences. or the disapproval of one's neighbors likewise cannot, as a rule, aualifv as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive. or requires the property owner to build elsewhere or out the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the Around surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: a) Secretary of the Interior as meeting the requirements for individual listing on the National Resister: b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district 25 prefiminariiv determined by the Secretary to gualifv as a registered historic district: c) Individuallv listed on the Florida inventory of historic places. which has been approved by the Secretary of the Interior; or d) Individuallv listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By the approved Florida program as determined by the Secretary of the Interior. or 2. Directly by the Secretary of the Interior. Lowest adjacent strade means the lowest elevation, after the completion of construction, of the around, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parkins of vehicles. building access, or storage, in an area other than a basement. is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design standards of this ordinance. around and which contain one or more of the following species: Black mangrove ~Avicennia Nitidal; red mangrove (Rhizophora mansle): white mangrove (Languncularia Racemosal: and buttonwood (Conocarpus E[ecta). Manufactured home means a buildins, transportable in one or more sections, which is built on a permanent chassis and desisned to be used with or without a permanent foundation when connected to the required utilities. The term also eropertv. Manufactured home park or subdivision means a parcel. (or continuous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other established by an independent certified appraisal (other than a limited or 26 curbside appraisal. or one based on income approach). Actual Cash Value (replacement cost depreciated for ape and quality of construction of building). or adjusted tax-assessed values. Mean Sea Level means the average height of the sea for all stapes of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAND) of 1988. New Construction means, for floodplain management purposes, anv structure for which the "start of construction" commenced on or after December 12, 1992. The term also includes anv subsequent improvements to such structures. For flood insurance rates. structures for which the start of construction commenced on or after December 12. 1992, and includes anv subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum. the installation of utilities. the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management code, ordinance or standard. Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides slope to a relatively mild slope. Principally above Around means that at least 51 percent of the actual cash value of the structure is above ground. Prottram deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Fiood insurance Program. 27 Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood. or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal. or basin. Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Recreational vehicle means a vehicle that is Built on a single chassis: 400 square feet or less when measured at the largest horizontal projection; Designed to be self-propelled or permanently towable by a light duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodwav means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal, or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be_ reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Riverine means relating to, formed bv, or resembling a river (including tributaries), stream, brook, etc. Sand dune means naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow flooding -see area of shallow flooding. Special flood hazard area -see area of special flood hazard. 28 Start of construction means. for other than new construction and substantial improvements under the Coastal Barrier Resources Act P. L. 97-348, includes substantial improvement, and means the date the building permit was issued. provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles. construction of columns. or anv work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and fillina: nor does it include the installation of streets and/or walkways: nor does it include excavation for a basement. footinas. piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of anv wall, ceiling, floor. or other structural part of a building, whether or not that alteration affects the external dimensions of the buildin . Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means. for floodplain management purposes, a walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home. Substantial damaae means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This term also includes "repetitive loss" structures as defined herein. Substantial improvement means any reconstruction. rehabilitation, addition, or other improvement of a structure, taking place during five-year period, in which the cumulative 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 damaae" 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 an existing historic 29 structure. provided that the alteration will not preclude the structure's continued designation as a historic structure. utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the reauirements of this ordinance. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAND) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. DIVISION 2. GENERAL PROVISIONS Sec. 54-36. Lands to which this Ordinance Aaalies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the Citv of Miami Beach. Sec. 54-37. Basis for Establishing the Areas of Special Flood Hazard. Beach, dated November 4, 1987, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and Flood Insurance Rate Mao are on file at the Citv of Miami Beach. 30 Sec. 54-38. Designation of FloodPlain Administrator. The Commission of the Citv of Miami Beach hereby appoints the Building Director or his/her designee to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. Sec. 54-39. Establishment of Development Permit. A development permit shall be reauired in conformance with the provisions of this ordinance prior to the commencement of anv development activities. Sec. 54-40. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. Sec. 5441. Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements. covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 54-42. Interpretation. In the interpretation and application of this ordinance all provisions shall be: Considered as minimum requirements Liberally construed in favor of the poveming body: and Deemed neither to limit nor repeal any other powers granted under State of Florida Statutes. Sec. 54-43. Warning and Disclaimer of Liability. The decree of flood protection reauired by this ordinance is considered reasonable for regulatory purposes and is based on scientific and enaineerina consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Commission of the Citv of Miami Beach or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or anv administrative decision lawfully made thereunder. 31 Sec. 54-44. Penalties for Violation. Violation of the provisions of this ordinance or failure to comply with anv of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable for a non-criminal violation. Anv person who violates this ordinance or fails to comply with anv of its requirements shall, upon adjudication therefore, be fined not more than $500, and in addition. shah pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Floodplain Administrator from taking such other lawful actions as are necessary to prevent or remedy anv violation. DIVISION 3. ADMINISTRATION Sec. 54-45. Permit Procedures. Application for a Development Permit shall be made to the Building Director or hislher designee on forms furnished by him or her prior to anv 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 and proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically. the following information is required: Application Stage Elevation in relation to mean sea level of the proposed lowest floor (including basementl of all building Elevation in relation to mean sea level to which any non-residential building will be flood-proofed: Certificate from a registered professional engineer or architect that the non-residential flood-proofed building will meet the flood- proofina criteria in Section 54-45(2) and Section 54-48(21: d~ Description of the extent to which anv watercourse will be altered or relocated as a result of proposed development: and Elevation in relation to mean sea level of the bottom of the lowest they have developed and/or reviewed the structural designs. specifications and plans of the construction and certified that are in 32 accordance with accepted standards of practice in Coastal High Hazard Areas. Construction Stage: Upon placement of the lowest floor. or flood-proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit to the Building Director or his/her designee a certification of the NGVD or NAVD elevation of the lowest floor or flood-proofed elevation, or bottom of the lowest horizontal structural member of the lowest floor as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Anv work undertaken prior to submission of the certification shall be at the permit holder's risk. The Building Director or his/her designee shall review the lowest floor and flood-proofing elevation survey data submitted. The permit holder the survey or failure to make said corrections required hereby shall be cause to issue astop-work order for the project. Sec. 54-46. Duties and Responsibilities of the Buildins~ Director or designee. Duties of the Building Director or his/her designee shall include, but are not be limited to: u Review permits to assure sites are reasonably safe from flooding; t2 Review all development permits to assure that the permit requirements of this ordinance have been satisfied: Require copies of additional Federal. State of Florida. or local permits especially as they relate to Chapters 161.053: 320.8249: 320.8359: 373.036: 380.05: 381.0065; and 553. Part IV. Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit; Ll Notify adjacent communities. the Florida Department of Community Affairs - Division of Emergencv Management - NFIP Coordinating Office. South Florida Water Management District, the Federal Emergencv Management Agency, and other Federal and/or State of Florida agencies with statutory 33 or regulatory authority prior to anv alteration or relocation of a watercourse: u Assure that the flood-carrying capacity within the altered or relocated portion of anv watercourse is maintained; u Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) or bottom of the lowest horizontal structural member of the lowest floor (V-Zones) of all new and substantially improved buildings, in accordance with Section 54-48(1) and (2) and Section 54-51(2). respectively: Verifv and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood- proofed, in accordance with Section 54-47(2); Review certified plans and specifications for compliance. When flood- building. together with attendant utilities and sanitary facilities. below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with Section 54-47(2) of this ordinance. In Coastal High Hazard Areas, certification shall be obtained from a waters and hurricane wave wash. Additionally in Coastal High Hazard Areas, if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with non-supporting breakaway walls that meet the standards of Section 54-51(6) of this ordinance: Interoret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the Building Director or his/her designee shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interoretation as provided in this ordinance: L.2 When base flood elevation data and floodwav data have not been provided in accordance with Section 54-37. the Building Director or his/her designee shall obtain, review and reasonably utilize any base flood elevation and floodwav data available from a Federal. State of Florida, or any other source. in order to administer the provisions of Division 4; 34 11 Coordinate all change requests to the FIS, FIRM and FBFM with the reauester, State of Florida. and FEMA, and 12 Where Base Flood Elevation is utilized. obtain and maintain records of lowest floor and floodproofinp elevations for new construction and substantial improvements in accordance with Sections 54-48 (1) and (2). respectively. DIVISION 4. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 54-47. General Standards. In all areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding. and meet the following provisions: New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation. collapse. and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy: Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces: u New construction and substantial improvements shall be constructed with materials and utility eauipment resistant to flood damage; f~ New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage: Electrical, heating, ventilation, plumbing, air conditioning eauipment and other service facilities, including duct work. shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding: L2 Adequate drainage shall be provided so as to reduce the exposure of flood hazards. L2 New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 35 u New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding: 10 Anv alteration. repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this ordinance; Anv alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not furthered, extended, or replaced: 12 All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Buildino Director or designee along with may include. but not be limited to, the following: ~ South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2) (a) - Flood Protection and Floodplain Management; u Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553. Part IV F.S.. Florida Building Code; ~ Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems; and f~ Department of Environmental Protection. Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. 13 Standards for Subdivision Proposals and other new Proposed Development (including manufactured homes): ~ Such proposals shall be consistent with the need to minimize flood damage; Such shall have public utilities and facilities such as sewer, pas. electrical, and water systems located and constructed to minimize or eliminate flood damage; and 36 j~ Such proposals shall have adequate drainage provided to reduce ex osure to flood hazards. When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. 15 with multiple base flood elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Sec. 54-48. Specific Standards. In all A-Zones where base flood elevation data have been provided (Zones AE, Al-30, A (with base flood elevation), and AH). as set forth in Article 3, Section B. the following provisions, in addition to those set forth in Article 5. Section A, shall apply: Residential Construction. All new construction and substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than zero foot above the base flood elevation. 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 54-48(3). The lowest floor of an addition to the non-substantial improvement of a residential structure shall be elevated to no lower than zero foot above the existing the lowest finish floor elevation. u Non-Residential Construction. All new construction and substantial improvement of any commercial, industrial, or non-residential building buildings located in A-Zones may be flood-proofed, in lieu of being elevated provided that all areas of the building components, together with attendant utilities and sanitary facilities, below the base flood elevation are water tight with walls substantially impermeable to the passage of water. and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering 37 data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. The lowest floor of an addition to the non-substantial improvement of a commercial structure shall be elevated to no lower than zero foot above the existing the lowest finish floor elevation. 132 Enclosures below the Lowest Floor. New construction and substantial improvements that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. ~ Designs for complying with this requirement must either be certified by a professional engineer or architect or meet or exceed the following minimum criteria: Provide a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii The bottom of all openings shall be no higher than one foot above adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade): and iii Openings may be equipped with screens, louvers, valves. or floodwaters in both directions. Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles. storage, and building access. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator): and j~ The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. Standards for Manufactured Homes and Recreational Vehicles ~ All manufactured homes that are placed, or substantially improved within Zones Al-30, AH, and AE. on sites (i) outside of an existing 38 manufactured home park or subdivision. (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision. or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, the lowest floor be elevated on a permanent foundation to no lower than the base flood elevation and be securely anchored to an adequately anchored foundation svstem to resist flotation, collapse, and lateral movement. All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that either: ~!1 The lowest floor of the manufactured home is elevated to no lower than one foot above the base flood elevation. or ii The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent foundation svstem to resist flotation. collapse. and lateral movement. u Placement of manufactured homes is prohibited within the regulatorv floodwav, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existinc~,manufactured home park or subdivision provided the anchoring standards of Section 54-47(2), the elevation standards of Section 54-48(1) and (2), and the encroachment standard of Section 54-48(7)(a). are met. jd~ All recreational vehicles must either: Be on the site for fewer than 180 consecutive days. ii Be fully licensed and readv for highwav use (a recreational vehicle is ready for highway use if it is on its wheels or jacking svstem. is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions). or iii Meet all the requirements for new construction. including anchoring and elevation standards in accordance with Section 54-48(4)(a) and (b). 39 Adequate drainage paths around structures shall be provided on slopes to guide water away from structures within Zone AH. Standards for waterways with established Base Flood Elevations, but without Regulatory Floodwavs. Located within the areas of special flood hazard established in Section 54- 36, where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodwav (Zones AE and Al-301. the following provisions, in addition to those set forth in Section 54-48(1) through (5). shall apply: u Until a regulatory floodway is designated, no new construction. substantial improvements, or other development including fill shall be permitted within the areas of special flood hazard. 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. 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 the Federal Emergency Management Agency (FEMA). Standards for waterways with established Base Flood Elevations and Floodwavs. Located within areas of special flood hazard established in Section 54-37, are areas designated as foodwavs. Since the floodwav is an extremely hazardous area due to the hi h velocit of flood waters which car debris potential projectiles and have significant erosion potential. the following provisions, in addition to those set forth in Section 54-48(1) through (5), shall apply: ~ Prohibit encroachments. including fill, new construction. substantial improvements and other developments within the regulatory floodwav unless certification (with supporting technical data) by a registered professional engineer is provided through hydrologic and hydraulic analyses performed in accordance with standard engineering practice demonstrating that encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. 40 Placement of manufactured homes is prohibited within the regulatorv floodwav, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 54-47(2). the elevation standards of Section 54-48(1) and (2), and the encroachment standard of Section 54-48(7)(a), are met. ~ Development activities including new construction and substantial improvements within the regulatory floodwav that increase the base flood elevation 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. When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodwav, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with Section 54-48(7)(a). For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the 100-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with Section 54-37, whichever is higher. All non-elevation desian requirements of Section 54-48 shall apply. Sec. 54-49. Specific Standards for A-Zones without Base Flood Elevations and Restulatorv Floodwavs. Located within the areas of special flood hazard established in Section 54-37. where there exist A Zones for which no base flood elevation data and regulatory floodwav have been provided or designated by the Federal Emergency Management Agencv, the followina provisions shall apply: Require standards of Section 54-47. Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres. whichever is the lesser, include within such proposals base flood elevation data. Standards set forth in Section 54-48 shall apply. 41 u The Buildino Director or his/her designee shall obtain. review. and reasonably utilize any base flood elevation and floodwav data available from a Federal. State of Florida, or any other source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 54-48 shall apply. The Building Director or his/her designee shall: Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures, b~ Obtain, if the structure has been floodproofed in accordance with the reauirements of Section 54-48(2). the elevation in relation to the mean sea level to which the structure has been floodproofed, and Maintain a record of all such information. j~ Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs - NFIP Coordinating Office, and the South Florida _Water Management District prior to any alteration or relocation of a watercourse. and submit copies of such notifications to FEMA. 151 Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. L) When the data is not available from any source, in accordance with standard set forth in Section54-49(2) of this Section, the lowest floor of the structure shall be elevated to no lower than three feet above the highest adjacent grade. Standards set forth in Section 54-48 shall apply. Sec. 54-50. Standards for AO-Zones. Located within the areas of special flood hazard established in Section 54-37. are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet. where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate: theref_ore,. the following provisions, in addition to Division 4. Section 54-47. a 42 f~ All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, elevated above the highest adiacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, includina basement. shall be elevated to no less than two feet above the highest adiacent grade. All new construction and substantial improvements of non-residential structures shall: ~ Have the lowest floor, including basement, elevated above the highest adiacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map. If no flood death number is specified, the lowest floor, including basement, shall be elevated to at least two feet above the highest adiacent grade. or Together with attendant utility and sanitary facilities be completely floodproofed to no less than one foot above that level to meet the floodproofing standard specified in Section 54-50(~(a). Adequate drainage paths around structures shall be provided on slopes to guide water away from structures. f4~ Fully enclosed areas below the lowest floor that are subject to flooding shall meet the non-elevation design requirements of Section 54-48. Sec. 54-51. Standards for Coastal Hiah Hazard Areas (V-Zones). Located within areas of special flood hazard established in Section 54-37 are Coastal High Hazard Areas, designated as Zones V1-30. VE. or V (with BFE). The following provisions shall apply: Meet the standards of Section 54-45. and Sections 54-47. 54-48 (except 54-48(7)). 54-49, and 54-50. u All new construction and substantial improvements in Zones V1-V30. VE, and V (with BFE) shall be elevated on pilings or columns so that: The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and The pile or column foundation and structure attached thereto is anchored to resist flotation. collapse. and lateral movement due to 43 the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those reauired by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the 100-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation. whichever is the higher. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction. and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. f4~ Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. All new construction and substantial improvements shall be located landward of the reach of mean high tide. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakawav walls, open wood lattice-work. or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakawav wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakawav walls which exceed a design safe loading resistance of 20 pounds per sauare foot (either by design or when so reauired by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: Breakaway wall collapse shall result from water load less than that which would occur during the base flood: and b1 The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement. or other 44 structural damage due to the effects of wind and water loads acting with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. u Such enclosed space shall be useable solely for_parking of vehicles. building access, or storage. Such space shall not be finished, partitioned into multiple rooms, ortemperature-controlled. Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or other properties. f~ Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage. Standards for Manufactured Homes ~ All manufactured homes to be placed or substantially improved on sites: (i) Outside a manufactured home park or subdivision. (ii) In a new manufactured home park or subdivision. (iii) In an expansion to an existing manufactured home park or subdivision, or. (iv) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Section 54-51(2) though (8), or u All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Section 54-48(4)(b). Recreational vehicles placed on sites within Zones VE. V1-V30. V (with base flood elevation) on the FIRM either ~ Be on the site for fewer than 180 consecutive days. Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions): or ~ Meet the requirements of Section 54-51(2) through (8). 45 Prohibit the placement of recreational vehicles. except in an existing recreational vehicle park. Recreational vehicles placed on other sites in an existing recreational park must be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (on its wheels or lacking system, is attached to the site by quick disconnect type utilities and security devices, and has no permanently attached additions). They shall also have a plan for removal in case of a threat at least four hours prior to the arrival of the threat. 11 For all structures located seaward of the Coastal Construction Control Line (CCCL). the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation .whichever is higher. All non-elevation design reauirements Section 54-51{2) through (10) shalt apply. When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. DIVISION 5. VARIANCE PROCEDURES. Sec. 54-52. Designation of Variance and Appeals Board. The City's Floodplain Management Board shall hear and decide appeals and requests for variances from the requirements of this ordinance. Sec. 54-53. Duties of Variance and Appeals Board. The board shall hear and decide appeals when it is alleged an error in an requirement, decision, or determination is made by the Building Director or his/her designee in the enforcement or administration of this ordinance. Anv person aggrieved by the decision of the board may appeal such decision to the Circuit_Court by petition for writ of certiorari according to the rules of appellate procedure. 46 Sec. 54-54. Variance Procedures. In acting upon such applications. the City's Floodplain Management Board shall consider all technical evaluations. all relevant factors, standards specified in other sections of this ordinance, and: The danger that materials may be swept onto other lands to the injury of others: The danger of life and propertv due to flooding or erosion damaae: The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The importance of the services provided by the proposed facility to the community; f 5~ The necessity to the facility of a waterfront location. where applicable: u The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; The compatibility of the proposed use with existing and anticipated development: u The relationship of the proposed use to the comprehensive plan and floodplain management proaram for that area: The safety of access to the propertv in times of flood for ordinary and emergency vehicles: 10 The expected heights, velocity. duration, rate of rise. and sediment of transport of the flood waters and the effects of wave action. if applicable, expected at the site; and 11 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. and streets and bridges. Sec. 54-55. Conditions for Variances. Variances shall only be issued when there is: a1 A showing of good and sufficient cause: 47 b~ A determination that failure to orant the variance would result in exceptional hardship: and A determination that the orantinca of a variance will not result in increased flood heiohts, additional threats to public expense, create nuisance, cause fraud on or victimization of the public. or conflict with existing local laws or ordinances. Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the reouirements of this ordinance. The Building Director or his/her designee shall maintain the records of all to FEMA and the State of Florida. Department of Community Affairs. NFIP Coordinatino Office. Applicant shall take all necessary steps to have a building permit issued by the Building Department within a period of eighteen months from the date of issued variance or it shall become null and void. Sec. 54-56. Variance Notification. Anv applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coveraoe, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Buildino Director or his/her designee in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Sec. 54-57. Historic Structures. Variances may be issued for the repair or rehabilitation of "historic" structures - meeting the definition in this ordinance - upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued desionation as a "historic" structure and .the variance is the minimum to preserve the historic character and design of the structure. 48 Sec. 54-58. Structures in Re~tulatorv Floodway. Variances shall not be issued within anv designated floodway if anv impact in flood conditions or increase in flood levels during the base flood discharge would result. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of the ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 24th day of October , 2009. PASSED and ADOPTED this 14th day of October , 2009. ATTEST: //,, ,, T a ti Herrera ower MA OR U~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE F:\attoWGUR\RESOS-ORD\FEMA Ordinance (10.15-09 Final).doc & FOR,EXECUTION 49 ~" Dat6 • COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Deleting The Language In Chapter 54 Entitled "Floods," Section 54-31 Though 54-92 Thereof, In Its Entirety, And Replacing It W ith A New Chapter 54, And New Language, As Set Forth in New Section 54-31 Through 54-58 Thereof; Providing for Repealer, Codification, Severability, And An Effective Date. Ke Intended Outcome Su orted: Make City More Business Friendly. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Ma or and Ci Commission a rove the revisions to the Ordinance Item Summary/Recommendation: SECOND READING PUBLIC HEARING On August 11, 2009, the City of Miami Beach was notified by FEMA that it needed to amend the existing Floodplain Management Ordinance to satisfy 44 Code of Federal Regulations (CFR) Section 60.3 (e) of the National Flood Insurance Program (NFIP) regulations. FEMA indicated that the City needed to adopt a revised ordinance by September 11, 2009; however, FEMA has granted an extension until October 2009 to adopt the changes. The proposed new ordinance incorporates many changes, the most important of which are: • The definition of "Substantial improvement" is being modified to consider only the improvements over a five year period, as opposed to the improvements over a ten vear period in the current ordinance • The definition of hardship was added which may chance what does or does not qualify for a variance • Division 2. Delegates the responsibility to implement the program to the Building Director or his /her designee • Division 3. Section 54-46 (4) -New Requirement. Requires Administrator (Building Director orhis /her designee) to coordinate all change requests to the FIS. FIRM and FBFM with the requester State of Florida, and FEMA The Administration recommends that the Cit Commission ado t the Ordinance Financial Information: Source of Amount Account Funds: ~ 0 2 OBPI Total Financial Impact Summary: Sign-Offs: T~\AGENDA\2 9\OCtobei Department Director Assistant City Manager City Manager AR N/A JMG MANAGtMtN I SUMMARY 2.tloc j ~ ~ MIANIIBEACH AGENDAITEM~A- ~~' DATE m_ MIAM{BAC Cify of Miami Beath, 1700 convention Center Drive, Miami Beach, florido33139, viww.miamibeochN.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~~ SECOND READING o,orE: October 14, 2009 PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA DELETING THE LANGUAGE IN CHAPTER 54, ENTITLED "FLOODS," SECTION 54-31 THROUGH 54-92 THEREOF, IN ITS ENTIRETY, AND REPLACING IT WITH A NEW CHAPTER 54, AND NEW LANGUAGE, AS SET FORTH IN NEW SECTION 54-31 THROUGH 54-58 THEREOF; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS On August 11, 2009, the City of Miami Beach was notified by FEMA that it needed to amend the existing Floodplain Management ordinance to satisfy 44 Code of Federal Regulations (CFR) Section 60.3 (e) of the National Flood Insurance Program (NFIP) regulations. FEMA indicated that the City needed to adopt a revised ordinance by September 11, 2009; however, FEMA has granted an extension until October 2009 to adopt the changes. Below is a summary of the proposed changes, the most important of which are underlined: • The definition of "Substantial improvement" is being modified to consider only the improvements over a five vear period as opposed to the improvements over a ten vear period in the current ordinance. • The definition of hardship was added which may change what does or does not qualify for a variance. • Division 3- Section 54-45 (1) (a) -Requires the elevation, in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor, to be provided at the application stage. Division 3- Section 54-46 (4) -Additional notification requirement prior to any alteration or relocation of a watercourse to the Division of Emergency Management - NFIP Coordinating Office, South Florida Water Management District, the Federal Emergency Management Agency, and other Federal and/or State of Florida Agencies with statutory or regulatory authority. requester. State of Florida, and FEMA. • Division 4- Section 54-47 (6) -Additional drainage requirement to the General Standards of Flood Hazard Reduction Provisions. • Division 4- Section 54-47 (14) -Clarifies that when structure is partially located in a special flood hazard zone or located in multiple flood risk zones, the entire structure should meet the strictest standard. • Division 4- Section 54-48 (4) (b) (ii)- Clarifies that manufactured homes need to be adequately anchored. • Division 4- Section 54-48 (6) (7): The requirements for streams and waterways have been divided in two sections (6&7): one for streams for which base flood elevation has been provided by FEMA without delineation, and the second for waterways. More specific requirements have been added. • Division 4- Section 54-49 (2) -Provides specific requirements for subdivisions. The requirements are similar than for new construction and substantial improvements. • Division 4- Section 54-49 (7)- When the data is not available from any source, in accordance with standard set forth in Section 54-92(2), the lowest floor of the structure shall be elevated to no lower than three feet above the highest adjacent grade. • Division 4- Section 54-50 Added Section. Discusses Standards for AO'Zones. Specifies lowest floor elevation requirement, flood proofing, drainage and fully enclosed areas below lowest floor requirements. • Division 4- Section 54-55 (4)- Requires additional record keeping and reporting of variances to NFIP and upon request to FEMA, of Community Affairs, NFIP Coordinating Office. • Division 4- Section 54-56 (e) -Requires additional record keeping for variance notifications. "A copy of the notice shall be recorded by the Building Director of his her designee in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land." There are other minor definitional or stylistic changes that are not included in this summary. CONCLUSION The Administration recommends that the City Commission adopt the ordinance PR'/ JMG/AR/Is T:WGENDA12009\Dctober 14\Regular\FLOODPLAIN MANAGEMENT2.GOc .~ ~~ ~ MIAMIBEACH- 78M~ I THt1RSDAY, OCT08ER7, 2009 CITY OF MIAMI .BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given..tpat'a second reading and public hearing will be heltl by the Mayor and City Commission of the City - of Miami Beach, Florida, ~ki,Yhe'Commission Chambers, 3rtl floor, City Hall, 1700 Convention Comer Ork2, Miami Beach, Florida, b on Wednesday, t9Ctdber f+i; 2009,sE.10:t8a.m: to donsidar An Ordinance Repealing Chapter 54 Of The City Code, Emitted "Floods, In,lts ErBirety And AeplaGpg'It-Wrth.A New Sectioq gs~Required To Comply Wkh The Participating Criteria Of The NaBorial Flood Ipsaratiae~'rograrq (NF.IPj And The Flootlplain Management Related Requirements Of The State Of Florida, As . RequiretllBy~EMFb',-~ v ~' ,,:. inquiries may ba~dagCfsdto3be 13oilding Department at (305) 673-7610. ~-, INTERESTED PARTIES are unvltetl to~appear at this meeting, or be represented by an agent, or to express their views ~ writing atldress~i to the:City¢„`ommiagWp,:c/O~Tte:Ctl7r~Cletk, 1700 Convention Center Drive, 1st Floor, City Hail, Miami Beach, Flodda 33139.'Thfsmwting tr®y be con8niffid.andatnder.such circumstances additional legal notice would not be providetl. . - ~~- ' - - Robert E. Percher, Cily~Clerk -` Cky of Miami Beach. Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that:rf a person decides to appeal any decision made by the City Catrni~slo`ri`yd{jttyespeot to any:matCerDOOSidered8t Ns. jtlaatrtap or rts hearing, such person must ensure that s vaNtatimreeorcl~rtthe proceedings is made, which record includes the`testimonyand evidence uponwM1ich the appeal is to be based. This notice doeslrot cbnstitufe consen~by~theCity~"or Sfi8 irgrotlilcYwn or admission of otherwiseinadmissible or irrelevant evidence, nor does k authorize challenges or appeals`n'ot otherwise allowed by law. ~ ' - Toraquest this materialin accessible format, sign language interpreters, information on access for persons wRh disabilities, and/ or ehy accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 804-2489 (voice), (90573-7218(ll'Y) flue days in advance to initiate your request. TTY users may also call 71.1 (Florida Relay Service). AdJf580