Ordinance 07-1836 ORDINANCE N~O.07-1836
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,.
AMENDING •THE LONGWOOD DEVELOPMENT CODE, ARTICLE IV
ENTITLED "RESOURCE PROTECTION MANAGEMENT" AND
ARTICLE IX ENTITLED "HARDSHIP RELIEF;" :PROVIDING FOR
CONFLICTS, CODIFICATION, SEVI~RABILITY AND EFFECTIVE
DATE.
WHEREAS, on Nlay 6, 2002, the City Commission-of the City of Longwood enacted the
Longwood Development Code (Ordinance 02-1599), as was amended from time to time,
pursuant to the requirements of Chapter 163.3202, a~.ld Chapter 166.041; rlorida Statutes; and
WHEREAS, the flood hazard areas of the City of Longwood are subject to periodic
inundation, which results in the loss of life and property, a~ld
WHEREAS, the Legislature of the State of Florida has authorized acid delegated the
responsibility to local govenunent units to adopt regulations designed to promote the public
health, safety, aild general welfare of its citizeiuy, anal
WHEREAS, Chapter 163.3174 (4) (c); Florida Statutes, requu•es the Land Planning
Agency to review proposed land development regulations, or amendments thereto, for
consistency with the adopted Plan, as maybe amended; and
WHEREAS, the Land Planning Ageney.;(LP'A) held apublc hearing on August 8, 2007
to consider the amendment of the: Longwood Development Code;. made certain findings of fact
regarding said amendments,. deternli.ned the proposed eha~iges are consistent and recoininended
the proposed ordinance be enacted by the City Coirunission;
NOW, THEREFORE BE IT ORD~-1INED BY T.HE CITY COMMISSION OF THE
CITY OF LOLJGWOOD, FLORIDA, AS F'OLLIJVVS:
SECTION 1: Longwood Development Code Article IV, Section 4.5 be repealed in its entirety
and replaced with a new section 4.5.0 ~to read as folio«s'
4.5.0 FLOOD PLAINS AND FLOOD ZONES -
4.5.1 Statutory Authorization, Findings of Fact, Purpose, and Ob'jective's
A. The Legislature of the State of Florida has. authorized and delegated in Chapter
125 [counties] and 166 [municipalities] Florida Statutes, the responsibility to-local
goverrunent units to adopt regulations designed to promote the public health,
safety, and general welfare of its• citizeiuy. T1lerefore, the City_Conu~lission of -
The City of Longwood does hereby. adopt the following floodplain management .
regulations.
B. The flood hazard areas of The City of Longwood- are subject to periodic
inundation, which results in loss of life and property, health and safety hazards;
disruption of commerce and govenunental 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.
C. These flood losses are caused by the cumulative effect of~obstructions in
floodplains causing increases in flood' heights and~veloci'ties, acid by the
• oceupancy~ it flood hazard areas by uses vulnerable to floods or hazardous to '
other lands which are inadequately elevated, flood-goofed, or otherwise' -
unprotected from flood damages. ~ ~ •
D. It is the purpose of this section to promote the public health, safefy~and general
welfare and to miiumize public and private losses due to flood conditions in
specific areas by provisions designed to:
1. Restrict or prohibit uses which. are, dangerous to,health, safety and . .
property due to water or erosion hazards; «-hick result in damaging
increases in-erosion or in flood heights and velocities;
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2. Require that uses "vulnerable to floods includuig facilities which serve such
,uses be protected against flood damage tluoughout their intended life
span;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are :involved in the acconunodation of flood
waters;
4. Control filling, grading, dredging and other development which may
increase erosion or flood damage; and
Prevent or regulate t11e coizstruction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to
other lands:
E. The objectives of this section are to: ' "
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1. Protect human-life, health and to eliminate• or minimize property damage;
2. Minimize expenditure of public money for costly flood control projects;
3. IViinimize the need for rescue and relief efforts associated with. flooding
and generally undertaken at the expense of the general public;
4. Minimize prolonged business :intei-iuptions;
' S. Minimize damage to public facilities arid utilities such as-water and gas
mains, electric, telephone aild sewer lines, roadways, and bridges and
culverts located in floodplains;;
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. 6. 1Vlairltain a stable.tax base byprovidirg for the sound use and development
' ~ of.flood prone areas in such a mariner as to; mininiize•floodblrght areas;
and
• ~ Z. Ensure that poteritial homebuyers are.notified that property i in a flood
hazard area.
4.x.2 Definitions
Unless specifically defined below; words~or:pluases used in.this section shall be
interpreted so as to give them the meaning they have in conunon usage and to
give this ordinance its most reasonable. application.
r•.
Accessory structure (Appurtenant structure) means. a structure that is located on
the same parcel of property 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 rl~inimal flood darnage,pgtential: Examples of accessory
structures are detached garages, carports, storage sheds, pole barns; and liay
• sheds. ; .
. Appeal, means a request for a review.of the Floodplain Admiiustrator'. s
interpretation.of ally provision of this ordinance .or a request for a variance.
Area of shallow flooding means a designated AO, or AH Zone on the•
connmunity's Flood Insurance Rate Map (FIRM) with base flood depths from one
to tluee feet where a clearly defined chanpiel does not exist, where the.path of
flooding is unpredictable and indeterrninate,.and where velocity flow may be
evident. Such flooding is characterized by ponding or~ sheet flow.
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Area cif special flood hazard ~is the land in the floodplain within a conununity
~ subject to aone- percent or greater cl~tance of flooding in any given year. This
tei7n is synonymous with the plu~ase "special flood hazard area." .
Base.filoodmeans the flood havi~ig a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood" and the "regulatory
flood"). Base flood is the tens used 1liroughout this section.
Base Flood Elevation meals the water-surface elevation associated with. the vase
flood.
Basement means that portion o:Pa building having its floor sub-grade (below
ground level) on .all sides. i
Building -see Structure.
Datum A reference surface used to ensure That all elevation records are properly
related. Many conununities have their own datum that was developed before there
was a national standard. The cun•eiit national datum is the National Geodetic
Vertical Datum (NGVD) of ].929, which is expressed :in relation to mean sea
level, or the North F,~nericaii Vertical Datuni (NAND) of 1988.
Development 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 building means anon-baser.~~ent building built to have the lowest floor
elevated above the ground level by foundation walls; posts, piers, colwnns,
pilings; or shear walls.
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. Encroachment means the•advance or infringement of-uses, plant growth, fill,
excavation, buildings, pei7nanent structures or development into a floodplain,
which may impede or alter; the flow capacity of a floodplain.
Existing. Construction means, for the purposes of floodplain rrianageinent,
. structures for which "the start of construction" cointnenced ,before March 18.
1980, the date of the initial Flood Insurance Rate Nlap (FIRM). Existing
construction, means for the purposes ~f determining rates, structures for which the
"start of construction" cormnenced before the effective date of the first FIRM
(IVlarch 18; 1980). This term may also be refei7ed to as "existing structures".
Existing manufactured home l~arlc or subdivision means a•manufactured home
park or subdivision for which the construction offacilities for servicing the lots
on which the manufactured homes are to be affixed (including at a miiumum the
installation of utilities; the construction of streets; and either final site grading or
the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations.adopted by a conunwuty.
,Expansion to an existingmanufactured borne park or subdivision means the
" preparation of additional sites by the construction offacilities 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). ~ . • ~ ~ "
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Flood or flooding means: •
A. A general and temporary condition of partial or complete inundation of
nornally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters
from any source.
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~ 3. 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.
B. The collapse or subsidence of land alo~.lg a shore of a lake or other body of
water as the result of erosion. or undermining caused by waves or
currents of water exceedi~lg anticipated cyclical levels or suddenly.
caused by a~i unusually high water level in a natural body of water,
accompa~ued by a severe storm or by an unanticipated force of nature,
such as a flash flood or an abnornlal tidal surge or by some similarly
unusual and unforeseeable event which results in flooding. as defined. in
paragraph (A) (1) of this definition.
Flood. Insurance Rate Nlap (FII21yI) means an official map of the conununity,
issued by FE1VtA, which delineated both the areas o:f
special flood hazard and the
risk premium zones applicable to the cominuiuty.
Flood Insurance Study (FIS) is the official hydraulic & hydrologic report
provided by FEMA. The study contains an examination, evaluation, and
deterniination offlood hazards, and, if'appropriate, corresponding water surface
elevations, or an examination, evaluation, and determination of mudslide (i.e.,
mudflow) anal 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.
Ftoodplain means any land area susceptible to being inundated by water from any
source (see definition of "flooding').
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Floodplain management 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, includu1g 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 community.
Floodplain management 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 ten11 describes .Federal, State of Florida,
or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and non-struchiral additions,
changes, or adjustments to structures; which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
Floodway nzeaals the chamiel 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.
Floodway fringe means that area of the floodplain on either side of t11e regulatory
floodway where encroaclunent may be permitted without additional hydraulic
and/or hydrologic analysis.
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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 ur~lcnown factors, such as wave action, bridge openings
and hydrological effect of urbanization of the watershed, that could contribute to
flood heights greater than the height calculated for a selected frequency flood and
floodway conditions.
Funct:ioually dependent use means a use that camrot be used for its intended
purpose unless it is located or cai7•ied out in close proximity to water, such as a
- clocking 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 front tlus ordinance means the exceptional
hardship associated with the land that would result :from a failure to grant the
requested variance. The connnu~uty 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 carulot, as a rule, qualify as an exceptional hardship. Al.l of these
problems can be resolved tluough :other means without granting a variance, even
if the alter7iative is more expensive, or requires the property owner to build
elsewhere or put the parcel to a different use than originally vltended.
Highest adjacent grade means the highest natural elevation of the ground
surface, prior to the start of construction, next to the proposed walls of a structure.
Historic; Structure means any structure that is:
A. Listed individually in tl~ie National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily determined by
.
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the Secretary of the Interior as meeting the requirements for individual listing on
the National Register:
B. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered historic or a
district preliminarily determined by the Secretary to qualify as a registered
historic district:
C. Individually listed on the Florida inventory of historic places,
which has been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in
conm~u~uties 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. Duectly by the Secretary of the Interior. ~
Lowest adjacent grade means the lowest elevation, after the completion of
construction, of the ground, sidewalk, patio, deck support, or basement entryway
innnediatehy next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area (vicludina
basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage, in an area other than a basement, is not
considered a building's lo~~est floor; provided that such enclosure is not built so
as to render the structure in violation of the nonelevation design standards of this
orduiance.
Mangrove Stand means an assemblage of mangrove trees which are mostly low
trees noted for a copious development of interlacing adventitious roots above
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ground and which contain one or more of the following species: Black mangrove
(Aviceiuiia Nitida); red mangrove (Rhizophora mangle); white mangrove
(Languncularia Racemosa); and buttonwood (Conocaipus Erecta).
1\~Ianufactured liome means a building, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when coiuiecte;d to the required utilities. The tei-~n also
includes park trailers, travel trailers, and similar transportable structures placed on
a site for 180 consecutive days or longer and intended to be improved property.
VIanu:factured home park or subdivision means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
iVIarlcet value means the building value, which is the property value eYCluding
the land value and that of the detached accessory structures and other
improvements on site (as agreed to be;tiveen a willing buyer and seller) as
~ established by what the local real estate market will bear. Market value can. be
established by an independent certified appraisal (other than a limited or curbside
appraisal., or one based on income approach.), Actual Cash Value (replacement
cost depreciated for age and quality of construction of building); or adjusted ta:c-
assessedvalues.
1\'Ieain lea Level means the average height of the sea for all stages of the tide. It
is used as a reference for establishing various elevations within the floodplain.
For purposes of this ordinance, the teen is synonymous with National Geodetic
Vertical Datum (NGVD) of 1929, or ].~1orth American Vertical Datum (NAND) of
1988.
l~Tational Geodetic Vertical Datum (NGVD) of 1929 means a vertical control
used as a reference for establishing varying elevations within the floodplain.
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New Construction means, for floodplain management purposes, asry structure for
which the "start of construction" con-nnenced on or after March 18, 1980, the
effective date of the initial floodplain management ordinance based upon specific
tecluucal base flood elevation data that established the area of special flood
hazard. The teen also includes. any subsequent improvements to such structures.
For flood insurance rates; structures for which the start of construction
commenced on or after March 18, 198.0, the effective date of the date of the intial
FIRM and includes any 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 servicill~ the lots
on wlvch 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 March 1.8, 1980, the
effective date of the first floodplain management ordinance.
North American Vertical Datum (NAND) of 1988 means a vertical control used ~
as a reference for establishing varying elevations within the floodplain.
Program deficiency means a defect in the connnunity's floodplain management
regulations or administrative procedures that impairs effective implementation of
those floodplain management regulations 'or of the standards required by the
National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health
of the entire con-~munity or a neighborhood, or airy 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.
Recreational vehicle means a vehicle that is:
•.J
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- A. Built on a single chassis;
B. 400 square feet or;less when measured at the largest horizontal
projection;'
C. Designed to be self-propelled or permanently towable by a light
duty truck; and
D. Designed primarily nat for use as a permanent dwelling but as
temporary living quarters for .recreational, camping, travel, or seasonal use.
Reguiatoiy flood~vay means the cha}.uiel 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,
structw;e or other development ilifo 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 affeci:ed development from flood damages,
implementing the enforcement provisions of this ordinance or otherwise deterring
future snililar violations, or reducing ]?ederal financial exposure with regard to the
stnicttire or other- development.
Riverine meads relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Shallow flooding means the same as area of shallow flooding.
~ Special flood hazard area means'the same as area of special flood hazard.
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Start. of construction For other than new construction or substantial
improvements under the Coastal Ban•ier Resources Act P. L. 97-348, includes
substantial improvement, and means the date the building permit was issued,
provided the actual start of constiliction, 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 any work beyond the stage of excavation or placement of a
manufactured home on a foundation. Pei7nanent constillction does not include
land preparation, such. as clearing, grading and filling; nor does it include the
installation of streets and/or walkways;. nor does it include excavation for a
basement, footings, 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 any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the exter-nal dimensions of the building.
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 damage means damage of any origin sustained by a structure
whereby the cost of restoring the stricture to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cumulative cost of which equals or exceeds
50 percent of the market value of the structure before the "start of construction" of J
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the improvement. This term includes shuctures that have incui7~ed "substantial
~ damag;e" regardless of the actual repair work perfoi7ned. Tlus tei7n does not,
however, include any repair or improvement of a structure fio 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 tc~ the application for permit for unprovement, and which are the minimum
necessary to assure safe living conditions.
Vari,iiice is a grant of relief from the requirements 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 cei°tifications, or other
evidence of compliance required in this ordinance is preswned to be in violation
until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, chaiuiel or other
topographic feature on or over which waters flow at least periodically.
`Vatercourse 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 t11e North American Vertical Datum (NAND)
of 198>, of floods
of various magnitudes and frequencies in the floodplains of coastal or riveri:ne
areas.
4.5.3 General Provisions '
A. This section shall apply to all areas of'special flood hazard within the jurisdiction
of the The City Conunission of The City of Longwood.
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B. The areas of special flood hazard identified by the Federal Emergency
Management Agency in the Flood Insurance Study (FIS) for the Seminole County
dated September 28, 2007 with the accompanying Flood Insurance Rate Map
panels for the City of Longwood 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 Map are on file
at The Community Services Department of the City of Longwood.
C. The City Conunission of The City of Longwood hereby appoints the City
Engineer to administer and implement the provisions of this ordinance and i.s
herein referred to as the Floodplain Administrator.
D. A development pei~nit shall be required iii coiifoi7nance with the provisions of
this section prior to the commencement of any development activities.
E. No structure or land shall hereafter be located, extended, converted or structurally u
altered without fiill compliance with the teinls of this section and other applicable
regulations.
F. Tlus section is not intended to repeal, abrogate, or impair any existing easements,.
covenants, oi: deed restrictions. However, where this section and another conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
G. In the interpretation aild application of this section all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State
of Florida statutes.
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H. The degree of flood protection required by this section is considered reasonable
~ for regulatory purposes and is based on scientific and engi~leering consideration.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply that land
outside the areas of special flood :hazard or uses penllitted within such areas will
be free: from flooding or flood damages. Tlus section shall not create liability on
the pant of The City Conu~lission of The City of Longwood or by any officer or
employee thereof for any flood damages that result from reliance on this section
or any administrative decision lawfully made thereunder.
I. Violation of the provisions of this sectio~l or failure to comply with any of its
requirements, including violation ~of conditions and safeguards established in .
comiection with giants of variance or special exceptions, shall be punishable for a
non-criminal violation. Any person vvho violates this section or fails to comply
with any of its requirements shall, upon adjudication therefore, be fined not more
than X500, and in addition, shall pay all costs. and expenses involved iu the ease.
l~acli day such violation continues shall be considered a separate offense.
Notlung herein contained shall prevent the Floodplain Administrator from taking
such other lawful actions as is necessary to prevent or remedy any violation.
J. No hazardous materials shall be stored in wi.thi.n the one-hundred (100) year flood
plauz.
K. All development within the flood plai~.i area will maintain the natural hydrology of
the development site.
L. The density or intensity of all develop:me~rt occurring in areas covered by this
section shall be no greater than twenty-five percent (25%) of the lowest density or
intensitr~ of the land use classification in which it is located as shown on the
Future Land Use Map.
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M. Permitted development shall not cause a change in the flood pattern in such a
manner that would cause lands not previously flood prone to become flood prone.
N. The flood-carrying capacity within any altered or relocated watercourse shall be
maintained.
O. The following minimum standards shall apply to all development which occurs
within aii area of .Special Flood Hazard, and to any man-made change to improved
or unimproved real estate including but not limited to, mining, dredging, filling,
grading, paving, drilling (except to obtahl soil and mineral samples) or excavation
operations within one-11LU1dred feet of a watercourse:
1. The hydrograph for the developed or redeveloped site shall ~1ot exceed the
volume and rate of flood of runoff produced by conditions existing before
development or redevelopment for the twenty-five (25) year design store.
In addition, the cumulative impact of the outflow hydrograph on
downstream flow shall be considered. Runoff rates and volumes resulting ~
from the development in excess of existhlg rates and volumes shall be
acconunodated on-site.
2. Stormwater rwloff shall be subject to best ma~~agement practices prior to
discharge into natural or artificial drainage systems. "Best management
practice" shall mea~1 a practice or combination of practices that provide for
the treatment of stornwater runoff such that the amount of pollution
generated by the development is reduced to a level compatible with the
Florida Water Quality Standards contained in the Florida Admiiustrative
Code.
3. The developer shall provide retention of stormwater runoff in accordance
with the minimum requirements of the SJRWMD.
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4.5.4 Adniinistratioii
A. Application for a Development Permit shall be made to the Floodplain Adminstrator on
forms fizrilished by him or her prior to any development activities, and may include, but
not be limited to, the following plans in duplicate drawn to scale showing the nature,
location,. dimensions, and elevations of the area in question; existing or proposed
structures, earthen fill, storage of materials or' equipment, drainage facilities, and the
location of the; foregoing.. Specifically, the fallowing infoi7nation is required:
1. Application Stage:
a. Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
b. Elevation in relation to mean sea level to which any non-residential
building will be flood-proofed;
c. Certificate from a registered professional engineer or architect that the
non-residential flood-proofed building will meet the flood-proofing
criteria in Article 4.5.4 (A) (2) and 4.5.5 (C) (2) and
d. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
2. Construction Stage:
a. Upon placement of the lowest floor, or flood-proofing by whatever
construction means; it shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the NGVD or NAVD elevation of the
lowest floor or flood-proofed elevation, as built, in relation to mean sea levea.
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
18'
aild certified by same. Any work undertaken prior to submission of the
certification shall be at the permit holder' risk. The Floodplain Administrator shall ~
review the lowest floor and flood-proofing elevation survey data subillitted. The
permit holder immediately and prior to further progressive work being permitted
to proceed shall coi~ect violations detected by such review. Failure to submit the
survey or failure to make said corrections required hereby; shall be cause to issue
a stop-work order for the project.
B. Duties of the Floodplain Adminstrator shall include, but are not be limited to:
1. Review pei7nits to assure sites are reasonably safe from flooding;
2. Review all development permits to assure that the pei7nit requirements of this
section have been satisfied;
3. Advise. penllittee that additional Federal, State of Florida, or local pei7nits maybe
required, and if such additional permits are necessary, especially as it relates to
Chapters 161.053; 320.8249; 320.8359; 373.036; 3$0.05; 381.0065, and 553, Part
IV, Florida Statutes, require that copies of such pei7ilits be provided and
maintained on file with the development perllit;
4. Notify adjacent conununities, the Department of Community Affairs, Division of
Emergency Management, the St. Joluls River Water Management District; the
Federal Emergency Management Agency and other Federal and/or State of
Florida agencies with statutory or regulatory authority prior to any alteration or
relocation. of a watercourse;
5. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained;
19
- 6. Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor (A-Zones) of all new or sub'starctially improved buildings, ui accordance
with Article 4.5.5. (C) (1) and (2).
7. Verii:y and record the actual elevation (in relation to mean sea level) to which the
new or substantially improved buildings have been flood-proofed, in accordance
with Article 4.5.5 (C) (2).
g. Review certified plans and specifications for compliance. W11en flood-proofing is
utilized :For a particular building, cen-t:ification shall be obtained from a registered
engineer or architect certifying that a:ll areas of the building 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 anal the effects of buoyancy in compliance with Article
4.5. ~ (C) (2) of this section;
9. Interpret 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 Floodplain Administrator shall make the necessary interpretation.
The persau contesting the location of the boundary shall be given. a reasonable
opportunity to appeal the interpretation as provided in this article;
10. When base flood elevation data of floodway data have not been provided in
accordance with 4.5.3 the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a
Federal, State of Florida, or any other source, in order to administer the provisions
of Article 4.5.3:
11. Coordinate all change requests to the FIS and/or FIRM with the requester, State of
Florida,. and FEMA; and
20
}
12. Where Base Flood Elevation is utilized, obtain and maintain records of lowest
floor and floodproofing elevations for new construction and substantial ~
improvements in accordance with Article 4.5.5. (C) (1) and (2).
4.~5 Provisions for Flood Hazard Reduction
A. 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:
1. New conshuction and substantial improvements shall be designed or modified
acid adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
2. Manufactured homes shall be anchored to prevent flotation, collapse, or 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 reguirenients for resisting wind
forces;
3. I~Tew construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage. See the applicable
Tecluiical Bulletin or Bulletins for guidance;
4. New construction or substantial. improvements shall be constructed by methods
and practices that miiumize flood damage. See the applicable Technical Bulletin
or Bulletins for guidance;
5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be designed and/or located so as to
21
- prevent water from entering or accumulating within the components during
L conditions of flooding;
6. All n.ew and replacement water suppay systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
7. New and replacement sanitary sewage systems shall be designed to mitumize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters;
8. ,Use of on-site sewage disposal systems wit fin the 100-year flood plain shall be
prolub:ited.
9. On-site disposal systems on lands wii:h soils identified in the most cun•ent
Seminole County Soil Survey as Having soil limitation ratings of slight or
' moderate with respect to septic t~iik absorption fields shall not be located within
one-hundred-fifty (1S0) feet of the ar+~a of Special Flood Hazard.
10. On-site disposal systems on lands with soils identified in the Seminole County
Soil Survey as having soil limitation ratings of severe with respect to septic tank
absorption fields shall not be located •withill two-hund:ced (200) feet of the area of
Special Flood Hazard.
11. Enroac).une~its, uicluding fill, new coiastruction, substantial improvements,. and
other development are prohibited unless a registered professional engineer
certifies that compensatory storage will be provided in order to alleviate flood
problems within the impacted area.
12. All development authorized by variance shall be undertaken consistent with the
requirements of Section 4.5.5.
22
13. Under no circumstances may a variance be granted for septic tanks and associated
J
drainage fields below the one-hundred (100) year flood elevation. 4='
14. A~zy alteration, repair, reconstruction or improvements to a building that is in
compliance with the provisions of this section shall meet the requirements of
"new construction" as contained in this section;
15. Any alteration; repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this section, shall. be undertaken only if said
non-conformity is not furthered, extended; or replaced;
16. All applicable additional Federal, State of Florida, and local permits shall be
obtained and submitted. to the Floodplain Administrator. Copies of such pernzits
shall be maintained on file with tl7e development pei7nit. State of Florida perniits
may include, but not be limited to the following:
a. St. Johns River Water Management District: in accordance with Chapter "J
373.036 Florida Statutes, Section (2)(a) -Flood Protection aald Floodplain
Management.
b. Department of Connnuiuty Affairs: in accordance with Chapter 380.05
F.S. Areas of Critical State Concert, and Chapter 553, Part IV F.S.,
Florida Buildvig Code.
c. Department of Health: in accordance with Chapter 381..0065 F.S. Onsite
Sewage Treatment and Disposal Systems.
B. Standards for Subdivision Proposals and other Proposed Development (including
manufactured homes):
1. All subdivision plats shall be consistent with the need to minimize flood damage;
23
. 2. All preliminary subdivision plats' shall identify the area of Special Flood Hazard
and the elevation of the 100-year flood.
3. All final subdivision plats shall identify the elevation of proposed structures and
pads.
4. All subdivision plats shall have public utilities and facilities such as sewer, gas,
electrical, alid water systems located and constructed to minimize or eliminate
flood. damage;
5. Al.l subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
6. Each lot must include a site suitable for constructing a structure in confoi7izity
with the standards of this Section.
7. All roads shall Ue reasonably safe from floodwaters resulting from the base flood.
8. All agreements for deed, purchase agreements, leases or other contracts for sale or
exchange of lots within an area of Special Flood Hazard, and all instruments
conveying title to lots within an area of Special Flood Hazard must prominently
puUlish the following Flood Hazard ~~Iarning in the document:
Flood Hazard ~~Varning
This property f~~.ay be subject to flooding. You
should contact the Floodplain Adminish°ator
and obtain the latest information about flood
elevations and restf~ictions before snaking plans
fof° use of this property.
24
C. In all A-Zones where base flood elevation data have been provided (Zones AE, Al-30,
and AH), as set forth in Article 4.5.3 (B), the following provisions shall apply: `J
1. Residential Construction. All new constriction or substantial improvement of
any residential building (including manufactured home) shall have the lowest
floor, including basement, elevated to no lower than one foot above the base flood
elevation. Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate automatic equalization of flood hydrostatic forces
on both sides of the exterior walls shall be provided in accordance with standards
of Article Section B (3).
2. Non-Residential Const~°uction. All new constriction or substantial improvement
of any commercial; industrial; or non-residential building (including
manufactured home) shall have the lowest floor, including basement, elevated to
no lower than one foot above the base flood elevation. All buildings located in A-
Zones may be flood-proofed; ii1 lieu of being elevated, provided that all areas of
the building components below the base flood elevation plus one foot 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 'Floodproofiilg Certificate. Such certification along with the
corresponding engineering data, and the operational and maintenance plans shall
be provided to the Floodplain Administrator.
3. Elevated Buildings. New construction or substantial improvements of elevated
buildings that include fully enclosed areas fornled by foundation and other
exterior walls below the lowest floor elevation shall be designed to preclude
finished living space aizd designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
~i
2~
• _ a. Designs for complying; with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum cr°iteria:
i. Provide a mini~.num of two openings 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 foundation adjacent interior grade (which must be
equal to or higl-ier in elevation than the adjacent exterior
grade); and
iii. Openings maybe equipped with screens, louvers, valves, or
other coverings or devices provided they provide the
required net area of the openings and permit the automatic
flow of floodwaters in both directions.
iv. Fully enclosed areas below the lowest floor shall solely be
used for parlcinr; of vehicles, storage, and building access.
Access to the enclosed area shall be minimum necessary to
• allow for parlcii-~g of vehicles (garage door), limited storage
of mahlteiiailce equipment used in comlection with the
premises (standard exterior door), or entry to the living area
(stairway or elevator); and
v. The interior~portion of: such e~iclosed area shall not be
finished or partitioned into separate rooms.
D. Structures that represent a minimal investment and that are subordinate to and
accessory to the primary structures or use on the property (for example, storage
sheds; detached garages, pools. pool df;cks, gazebos, and barns), may be
exempted from the elevation requirement of .Article 4.x.5. (C) (1) and (2).,
provided the following criteria are met:
26
1. The structure is not used for human habitation. -
2. The structure is designed and constructed so as to have a low potential for
damage during a flood (e.g. using flood resistant materials as provided in
FENIA technical bulletins).
3. All electrical service, heating/cooling equipment and other mechanical or
electrical equipment are either elevated above the elevation required by
Section Article 4.5.5. (C) (1) and (2)., or is flood-proofed. Oile electrical
switch and outlet coimected to a .ground fault interrupt breaker is allowed
below the base flood elevation.
E, Certain types of structtues; including but not limited to construction site offices,
maybe sited temporarily on property without having to comply with the elevation
standard of Article 4.5.5. (C) (1) and (2). provided the following criteria are met:
1. Tlie structure is mobile, or can be made so, and is capable of being
removed from the site within a minimum of four (4) hours wanting.
2. The structure does not remain on the property for one-hundred-eighty days
or more.
3. The applicant submits a plan for the removal of the structure contaiiung
the following documentation:
4. The name, address, phone number, and emergency contact point of the
individual responsible for the removal of the temporary structure.
a. The nanie, address, phone nuTnber and emergency contact point of
the individual responsible for the removal of the temporary
structure.
~J
b. The time at which the structure will be removed (i.e. a minimum of
seventy-two (72) hours in advance of the projected landfall of a
hun•icane.
c. A copy of a contract or other suitable instrument with. a trucking
company to ensure thF; availability of removal of the structure
when needed, together with the izame, address, and emergency
phone number of the responsible trucking company agent.
d. Designation, accompanied by docume~.itation (e.g. signed consent
of the property owrler;l of a site outside the Special Flood Hazard
area to which the temporary structure will be moved.
e. Signatures of the applicant and property owner on which the
temporary structure wall be placed, and o~~ier of the temporary
structure agreeing to abide by the terms of the removal. plan.
D. Stand.acds for Manufactured Homes and Recreational Vehicles
1. All manufactured homes that are placed, or substantially improved within
Zones Al-30, AH, and AE, on sites (i) outside of an existing
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 ma~lufactured home park
or subdivision on which a iiiariufactured home has incurred "substantial
damage" as the result of a flood, the lowest floor be elevated on a
permanent foundation to one foot above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral :movement.
2. All manufactured homes to be placed or substantially improved in an
existuig manufactured home park or subdivision within Zones A-1, AH,
28
and AE, that are not subject to the provisions of paragraph D (1) of this
Section, must be elevated so that either:
a. The lowest floor of the manufactured home is elevated to
no lower than one foot above the base flood elevation, or
b. The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least an equivalent
strength that are no less than 48 inches (which includes a
one-foot freeboard requirement) in height above the grade
and securely anchored to an adequate foundation system to
resist flotation, collapse, and lateral movement.
3. All recreational vehicles placed on sites within Zones Al-30. AH, and AE
must either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use (a recreational
vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick
discoimect type utilities and security devices and has no
pei7lianently attached additions), or
c. Meet all the requirements for new construction, including
anchoring and elevation requirements in accordance with
• Section D, provisions (4) (a) and (b) of this Article.
4. Adequate drainage paths around structures shall be provided on slopes to
guide water away from structures.
E. Standaf•ds fof• sh•ean2s with established Base Flood Elevations, without
Regulatory Floodways. Located within the areas of special flood hazard
established in Article 3, Section B, where streams exist for which base flood
29
elevat~ou data has been provided by t:he Federal Emergency Management Agency
without the delineation of the regulatory floodway (Zones AE and Al-30), the
following additional provisions shall also apply.
1. Until a regulatory floodway is designated, no new construction, substantial
i:mproveme~lts, 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 wi l not increase the water
surface elevation of the base flood more than one foot at any point within
the community.
2. Development activities which increase the water surface elevation o:Fthe
base flood by more than oi7e foot may be allowed, provided that the
developer or applicant first applies -with the community's endorsement -
for aconditional FIRM revision, and receives i:he approval of the Federal
Emergency Management Agency.
F. Flooc~ivays. Located within areas ~ofspecial flood hazard established i.n Article 3,
Section. B, are areas designated as flood«~ays. Since the floodway is an extremely
hazardous area due to the velocity, of flood waters which carry debris, potential
projectiles and have sigiuficant erosion potential, the following additional
provisions shall also apply:
1. .Prohibit encroachments, including fill, new construction, substantial
.improvements and other developments within the regulatory floodway
unless certification (with supporting technical data) by a registered
;professional engineer is provided through hydraulic and hydrologic
analyses performed in accordance with standard engineering practice
demonstrating that encroaclunents would not result in any increase in
~ flood levels during occurrence of the base flood discharge.
30.
2. Prohibit the placement of manufactured homes (mobile homes), except in
an existing manufactured homes (mobile homes) 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 4.x.5 (D) (2) and the elevation standards of Article 5,.4.5.5. (C) (1) and
(2) and the encroaclunent standards of 4.5.5 (F), are met.
3. Development activities including new construction and substantial
improvements that increase the water surface elevation of the. base flood
maybe 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 floodway, the development
permit shall be issued only upon demonstration by appropriate engineering
analyses that t11e proposed fill will not increase the water surface elevation
of the base flood i.n accordance with 4.5..5 (F).
4.5.6. Specific :Standards for A-Zones Without Base Flood Elevations and Regulatory
Floodways
A. Located within the areas of special flood hazard established in Article 3, Section
B, where there exist A Zones for which no base flood elevation data and
regulatory floodway have been provided or designated by the Federal Emergency
Management Agency, the following. provisions shall apply:
1. Require standards of 4:x,5.
~A
31
2. The Floodplain Administrator shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a Federal, State
of Florida, or any other source, in order to adniini ter the provisions of this
section. When such data is utilized, provisions of 4.5.5 (C) shall apply.
The Floodplain Adminstrator shall:
a. Obtain the elevatioil(i~:i 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 requirements of 4.5.5 (C), the elevation in relation to the mean
sea level to which the structure has been floodproofed, and.
c. .Maintain a record of al:l such iiifonnation.
3. iVotify, in riverine situations, adjacent conununities, the State of Florida,
1Depa~-tment of Conununity Affairs, NFIP Coordinating Office, and the
L~
applicable Water Management District prior to any alteration or relocation
of a watercourse, and submit copies of such notifications to FEMA.
4. Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse ~is maintained.
5. Manufactured homes shall be i~astalled using methods and practices that .
minimize flood damage. They must be elevated and anchored to prevent
flotation, collapse, or 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.
32
6. When the data is not available from any source as in paragraph (2) of this
Section, the lowest floor of the structure shall be elevated to no lower than `~`f
three feet above the highest adjacent grade.
7. Require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks and
subdivisions) greater than 50 lots or 5 aces, whichever is the lesser;
include within such proposals base flood elevation data.
4.x.7 Standards for AO-Zones
A. Located within the areas of special flood hazard established ui 4.5.5 (C), 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 chaln~el does
not exist and the path of flooding is unpredictable and indeterminate; therefore, ,
the following provisions apply:
1. All new construction and substantial improvements of residential
structures in all AO Zones shall have the lowest floor; including
basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the Flood I1lsurance
Rate Map. If no flood depth number is specified, the lowest floor;
including basement,. shall be elevated to no less than two feet
above the highest adjacent grade.
2. All new construction and substantial improvements of non-
residential structures shall:
a. Have the lowest floor, including basement, elevated above
the highest adjacent grade at least as high as the depth ~
33
number specified in feet on the Flood Insurance Rate Map.
~ If iio flood depth number is specified, the lowest floor,
including base-meat, shall be elevated to at least two feet
above the higl-lest adjacent grade, or
b. Together with attendant utility and sanitary facilities be
completely floodproofed to that level to meet the
floodproof ng standard specified in 4.5.5 (C) (2).
c. Adequate drainage paths arowid structures shall be
provided on slopes to guide water away from structures.
4.x.3 Variance Proc~;dures
A. Designation of Variance and Appeals Boaf°d.The Board of Adjustment as established
by the City Commission of The City of Longwood shall hear and decide appeals and
requests :For variances from the requirements of this section.
~.r
B. Duties of Vaf°iance and Appeals Board. The board shall hear and decide appeals
when it is alleged an e~•ror in any requirement, decision, or determination is made
by the Floodplain 1\~lanagement Administrator in the enforcement or
adm.ilristration of this section. Any person aggrieved by the decision of the board
nay appeal such decision to the Circuit Court.
C. T~arian~e Procedures. In acting upon such applications, the Board of Adjustment
shall consider all technical evaluations, all relevant factors, standards specified in
other sections of this section, and:
1. The danger that materials may be swept onto other lands to the injury of
others;
~ 2. The danger of life and property due to flooding or erosion damage;
34
' 3. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the
conununity;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alteniative locations for the proposed use which are not
subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary al7d
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,vlcluding maintenance azld repair of public.utilities and
facilities such as sewer, gas, electrical, and water systems, and streets and
bridges.
4.5.9 Conditions for Variances
35
~--y' A. Variances shall only be issued when. there is:
1. A showing of good and sufficient cause;
2. A deter7ilination that failure to grant t:he variance would result in exceptional
hardship; and
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public expense, create nuisance, cause fraud. on or
victuili;~ation of the public, or conflict: with existing local laws or ordinances.
B. Variances shall only be issued upon a detei7n:uiation that the variance is the minimum
necessary de~7iation from the requireme~~ts of this section.
C. Variances shall. not be granted after-the-fact.
D. The Floodplain. Admiiustrator shall maintain the records of all. variance actions, including
justification for their issuance or deiual, and report suc11 variances ui the commwlity's
NFIP Biemual Report or upon request to FEIvIA and the State of Florida, Department of
Conulnuiity Affairs, NFIP Coordinafi~lg Office.
E. Any applicant to whom a variance is grvited shall be given written notice over the
signature of a community official that:
1. The issuance of a variance to construct a stricture 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 coverage, and
2. Such construction below the base flood level increases risks to life and property.
36
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of
the Clerk of Court and shall be recorded in a mamler so that it appears in the chain of title
of the affected parcel of land.
F, Variances may be issued for the repair or rehabilitation of "historic'' stilictures -meeting
the definition in this section - upon a deternlination that the proposed repair or
rehabilitation will not preclude the stn~cture's continued designation as a "historic"
structure.
G. Variances shall not be issued within any designated floodway if any impact in flood
conditions or increase in flood levels during the base flood discharge would result.
4.5.10 Exemptions
A. Any emergency activity which is immediately necessary for the protection and
preservation of life or property, or for the protection or preservation of a natural resource
shall be exempt from the provisions of this section. Such emergency activities include,
for example, search and rescue operations, preventative and remedial activities related to
large-scale contamination of streams and other bodies of water, floods., hurricanes and
other stonns and public health concerns.
B. Within five (5) days after the cornmene.ernent of such emergency involving the
undertaking of any activity which otherwise would be treated as a regulated activity
under this section, the person chiefly responsible for undertaking such emergency activity
shall .send a written statement to the Administrator setting forth the pertinent facts
regarding such emergency, including an explanation of the life, property, or resource
such activity was designed to protect or preserve.
C. Public health activities, orders and regulations of the State Department of Health and
Rehabilitative Services, the County Department of Environmental Services; and other
similar agencies related to public health protection shall be exempt from the formal , ~
37
permitting procedures of this section. Such activities shall be subject to review by the
~ Administrator to ensure that the activity will not result i.n a significant adverse impact on
a wetland, wai:ercourse, water body or giroundwater.
4.5:11 Severability
If any section, clause, sentence, or phrase of this sec%ion is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said:holduzg shall in no way effect the validityof the
remaining po1-tions of this Ordinance. - .
4.5.12 Declaration of Public Nuisance
All development located or maintained within any area of Special Flood Hazard after April 17,
1995, in violation of these flood hazard management regulations, is hereby declared a public
nuisance per se.
~ SECTION 2: Longwood Development Code Article IX, Section 9.2.3 entitled "Special
provisions where a variance to the requirements of the flood damage prevention regulations" be
hereby repealed.
SECTION 3: All Ordinances, or parts thereof in conflict herewith, be and the same are hereby
repealed.
SECTION 4: The provisions of this Ordina~zce are declared to be separable aiid if any section,
paragraph, sentence ar word of this Ordinance or the application thereto any person or
circumstance is held invalid, that invalidity shall not effect other sections or words or
applications of this Ordinance.
SECTION This Ordinance shall take effect immediately upon its adoption.
FIRST READING ~t,.C ~ L~
38
SECOND READI\TG: ~ Zad ,
PASSED AND ADOPTED THIS ~ AY OF ~ ~~r-, 2007 ~
1
VV`
ATTEST:
Sarah :M. Mir~•!s, CMC, City~Cle.rk
Approved. as to form and legality for the use and reliance of the City of Long~~~ood, Flo~•ida oizly.
Teresa Roper, Acting City A toi7iey
39