Ordinance 2023-4551 ORDINANCE NO, 2023-4551
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "FLOODS," BY
AMENDING ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT,"
BY AMENDING DIVISION IV THEREOF, ENTITLED "PROVISIONS FOR
FLOOD HAZARD REDUCTION," BY AMENDING SECTIONS 54-48, TO
PROVIDE FOR CORRECTION TO THE ORDINANCE TO STAY IN
KEEPING WITH THE FREEBOARD ORDINANCES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has worked tirelessly to provide more resilient
flood resistance; and
WHEREAS, the City desires to ensure the flood design standards are maintained
or enhanced; and
WHEREAS, the City of Miami Beach participates in the National Flood Insurance
Program (" NFIP") and has achieved a Class 5 rating in the NFIP' s Community Rating
System, a voluntary incentive program that recognizes and encourages community
floodplain management activities that exceed the minimum program requirements; and
WHEREAS, in 2020 the NFIP Community Rating System established certain
minimum prerequisites for communities to qualify for or maintain class ratings of Class 8
or better; an
WHEREAS, on March 3, 2022, the Mayor and City Commission adopted
Ordinance No 2022-4483, amending provisions in Chapter 54 of the City Code, entitled
"Floods," in order to conform existing provisions with the requirements of the National
Flood Insurance Program, managed by the Federal Emergency Management Agency,
and the Florida Building Code; and
WHEREAS, a typographical error was discovered in a previously approved
ordinance that would adversely affect flood resiliency and the City in its Community Rating
System score; and
WHEREAS, the amendments set forth in this Ordinance are necessary to
accomplish all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Division IV of Article II of Chapter 54 of the City Code entitled "Floods"
is hereby amended as follows:
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CHAPTER 54— FLOODS
* * *
ARTICLE II. - FLOODPLAIN MANAGEMENT
* * *
DIVISION IV. PROVISIONS FOR FLOOD HAZARD REDUCTION
* * *
Sec. 54-48. Specific standards
(1) Residential construction.
a) All new construction and substantial improvement of any residential building
(including manufactured homes) shall have the lowest finished floor including
electrical, heating, ventilation, plumbing, air conditioning equipment, cable,
telephone, and other service facilities, including duct work elevated to no lower
than 8_:0 9.0 ft. NGVD ( f -44 7. 44 ft. NAVD), the crown of road or sidewalk plus
one foot, or the base flood elevation plus minimum freeboard, whichever is higher.
Walls of enclosures and solid foundation perimeter walls shall meet the
requirements of subsection 54-48(3).
(2) Nonresidential construction.
a) All new construction and substantial improvement of any commercial,
industrial, or nonresidential building ( including manufactured homes) shall
have the lowest floor, including basement, electrical, heating, ventilation,
plumbing, air conditioning equipment, cable, telephone, and other service
facilities, including duct work, elevated to no lower than 8A) 9.0 ft. NGVD
( 6:44 7. 44 ft. NAVD), the crown of road or sidewalk plus one foot, or the
base flood elevation plus minimum freeboard, whichever is higher. All
buildings located in A-zones may be floodproofed, 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, plus minimum
freeboard are watertight 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 shall certify that the standards of this
subsection are satisfied using the FEMA floodproofing certificate. Such
certification along with the corresponding engineering data, and the
operational and maintenance plans shall be provided to the floodplain
administrator.
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SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
-1
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this al' day of , 2023
Dan Gelber, Mayor
ATTEST'
MAY 0 2 2023
Rafael E. nado, City Clerk
c
1INCORP GRATED' 11
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
‘r—e )
City Attorney Date
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• Ordinances - R5 N
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023
2:40 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 54 OF THE CODE OF
•
THE CITY OF MIAMI BEACH, ENTITLED "FLOODS," BY AMENDING
ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," BY AMENDING
DIVISION IV THEREOF, ENTITLED "PROVISIONS FOR FLOOD HAZARD
REDUCTION," BY 'AMENDING SECTIONS 54-48, TO PROVIDE FOR
CORRECTION TO THE ORDINANCE TO STAY IN KEEPING WITH THE
FREEBOARD ORDINANCES; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AN EFFECTIVE DATE.
ANALYSIS
UPDATE
The subject Ordinance was approved at First Reading on March 27, 2023, with no changes. •
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Applicable Area
Citywide
' J '
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
_ Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level
rise.
Legislative Tracking •
Building
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Sponsor •
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Memorandum and Ordinance
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'77L CJ've • . _r D.e Me" 9eac..Per ea 33'39
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Managt
DATE: March 21, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "FLOODS,"
BY AMENDING ARTICLE II, ENTITLED "FLOODPLAIN
MANAGEMENT," BY AMENDING DIVISION IV THEREOF, ENTITLED
"PROVISIONS FOR FLOOD HAZARD REDUCTION," BY AMENDING
SECTIONS 54-48, TO PROVIDE FOR CORRECTION TO THE
ORDINANCE TO STAY IN KEEPING WITH THE FREEBOARD
ORDINANCES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AN EFFECTIVE DATE.
Background:
On April 6, 2022, the City Commission adopted Ordinance 2022-4483, an amendment to Chapter 54
of the Miami Beach City Code, which intended to update the City's flood elevation requirements and
ensured that the updates complied with state and federal floodplain regulation language.
Unfortunately, the adopted ordinance contained a scrivener's error in Article II. Floodplain
Management, Sec. 54-48. Specific Standards subsections 1(a) and 2(a) that would have not
maintained the expected level of regulatory compliance as originally intended.
The purpose of this item is to correct the minimum elevation requirements for residential and non-
residential construction that were erroneously approved in Ordinance 2022-4483 under chapter 54
Floods-Article II. Floodplain Management, Sec. 54-48. Specific Standards subsections 1(a)and 2(a).
The corrected language would read as follows:
(1) Residential construction
a) All new construction and substantial improvement of any residential building (including
manufactured homes) shall have the lowest finished floor including electrical, heating,
ventilation, plumbing, air conditioning equipment, cable, telephone, and other service facilities,
including duct work elevated to no lower than 8:-0 9.0 ft. NGVD(87114. 7. 44 ft. NAVD),the crown
of road or sidewalk plus one foot, or the base flood elevation plus minimum freeboard,
whichever is higher. Walls of enclosures and solid foundation perimeter walls shall meet the
requirements of subsection 54-48(3).
(2) Nonresidential construction.
a) All new construction and substantial improvement of any commercial, industrial, or
nonresidential building (including manufactured homes) shall have the lowest floor, including
basement, electrical, heating, ventilation, plumbing, air conditioning equipment, cable,
Page 637 of 991
telephone, and other service facilities, including duct work, elevated to no lower than 8,8 9.0 ft.
NGVD (6.44. 7. 44 ft. NAVD), the crown of road or sidewalk plus one foot, or the base flood
elevation plus minimum freeboard, whichever is higher. All buildings located in A-zones may
be floodproofed, 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, plus
minimum freeboard are watertight 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 shall
certify that the standards of this subsection are satisfied using the FEMA floodproofing
certificate. Such certification along with the corresponding engineering data, and the
operational and maintenance plans shall be provided to the floodplain administrator.
ANALYSIS
The flood regulations assist the city in maintaining favorable flood insurance ratings. This is one of
the wide variety of activities and regulations that support the CRS score. The community continues to
• • enjoy up to an overall 25% savings on flood insurance premiums due to this effort. Any item that
negatively affects the CRS rating affects our residents.
FISCAL IMPACT
The fiscal impact of this item would be a possible increase to the CRS score and therefore a 5%
increase to flood insurance premiums.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Ordinance.
EC/AMS
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