19-2158 Amending the LDC for Flood Plains and Flood Zones, to Adopt Flood Hazard MapsORDINANCE NO. 19-2158
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF LONGWOOD
AMENDING THE LONGWOOD DEVELOPMENT CODE SECTION 1.10.00 —
DEFINITIONS; REPEALING SECTION 4.5.0 — FLOODPLAINS AND FLOOD ZONES,
ARTICLE IV, PART III, LONGWOOD DEVELOPMENT CODE TO ADOPT A NEW
SECTION 4.5.0 — FLOODPLAINS AND FLOOD ZONES, TO ADOPT FLOOD HAZARD
MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,
AND FOR OTHER PURPOSES; AMENDING SECTION 9.2.3 OF ARTICLE IX HARDSHIP
RELIEF AND SPECIAL EXCEPTIONS; AND AMENDING THE LONGWOOD CODE OF
ORDINANCES, CHAPTER 18 — BUILDINGS AND BUILDING REGULATIONS TO
ADOPT TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE;
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, TRANSMITTAL,
APPLICABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Longwood and such areas may be subject to
periodic inundation which may result 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; and
WHEREAS, the City of Longwood was accepted for participation in the National Flood
Insurance Program on March 18, 1980, and the City Commission desires to continue to meet
the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for
such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation, and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
Florida Building Code that provide for more stringent requirements than those specified in the
Code and allows the adoption of local administrative and local technical amendments to the
Florida Building Code to implement the National Flood Insurance Program and incentives; and
Ordinance No. 19-2158
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WHEREAS, the City Commission of the City of Longwood previously adopted a
requirement to limit partitioning of and access to enclosed areas below elevated buildings, to
accumulate costs of improvements over a one-year period for the purposes of determining
"substantial improvement," and to require buildings that sustain repetitive flood damage over a
10-year period to be included in the definition of "substantial damage," and for the purpose of
participating in the National Flood Insurance Program's Community Rating System and,
pursuant to section 553.73(5), Florida Statutes, is formatting that requirement to coordinate
with the Florida Building Code; and
WHEREAS, the City Commission of the City of Longwood has determined that it is in the
public interest to adopt the proposed local technical amendments to the Florida Building Code
and the proposed amendments are not more stringent than necessary to address the need
identified, do not discriminate against materials, products or construction techniques of
demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and
WHEREAS, the City Commission has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Longwood that the
following floodplain management regulations are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses constitute the legislative findings of the City and are
incorporated herein by reference and made a part hereof.
SECTION 2. Section 1.10.0 — Definitions, Article I, Part III, Longwood Development Code is
hereby amended to read as follows (underlined language are additions, 61r-eeke-P thr.
language are deletions, and non -referenced text shall remain unchanged):
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Ordinance No. 19-2158
Page 2 of 32
Hardship. For the purpose of variances to the floodplain management requirements of this
code and the flood resistant construction requirements of the Florida Building Code, the
exceptional hardship associated with the land that would result from a failure to grant a
requested variance. Conditions must be 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, qualify as an exceptional hardship. All of these concerns
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 put the parcel to a
different use than originally intended.
SECTION 3. Section 4.5.0 — Floodplains and Flood Zones, Article IV, Part III, Longwood
Development Code, is hereby repealed and replaced with the following:
4.5.0. — FLOODPLAINS AND FLOOD ZONES.
4.5.1. General.
A. Title. These regulations shall be known as the Floodplain Management Ordinance of the City
of Longwood, hereinafter referred to as "this section."
B. Scope. The provisions of this ordinance shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
and facilities that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or replacement of
tanks; placement of recreational vehicles; installation of swimming pools; and any other
development.
C. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
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(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code. This ordinance is intended to be administered
and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the
edition of the standard that is referenced by the Florida Building Code.
E. Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
F. Disclaimer of Liability. This ordinance shall not create liability on the part of the City
Commission of the City of Longwood or by any officer or employee thereof for any flood
damage that results from reliance on this ordinance or any administrative decision lawfully
made thereunder.
4.5.2. — Applicability.
A. General. Where there is a conflict between a general requirement and a specific
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requirement, the specific requirement shall be applicable.
B. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas
within the City of Longwood, as established in Section 4.5.2.0 of this section.
C. Basis for establishing flood hazard areas. The Flood Insurance Study for Seminole County,
Florida and Incorporated Areas dated September 28, 2007, and all subsequent amendments
and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent
amendments and revisions to such maps, are adopted by reference as a part of this section and
shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that
establish flood hazard areas are on file at the Department of Community Development at 174
West Church Avenue, Longwood, FL 32750.
D. Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to Section 4.5.5 of this section the Floodplain
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the
community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this section and, as applicable, the requirements of
the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
E. Other laws. The provisions of this section shall not be deemed to nullify any provisions of
local, state or federal law.
F. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
event of a conflict between this ordinance and any other ordinance, the more restrictive shall
govern. This ordinance shall not impair any deed restriction, covenant or easement, but any
land that is subject to such interests shall also be governed by this ordinance.
G. Interpretation. In the interpretation and 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 statutes.
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4.5.3. — Duties and Powers of the Floodplain Administrator
A. Designation. The City Engineer is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
B. General. The Floodplain Administrator is authorized and directed to administer and enforce
the provisions of this section. The Floodplain Administrator shall have the authority to render
interpretations of this section consistent with the intent and purpose of this section and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section
4,5,7 of this section.
C. Applications and permits. The Floodplain Administrator, in coordination with other pertinent
offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will
be located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this section;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue development permits for development other than buildings and structures that
are subject to the Florida Building Code, including buildings, structures and facilities
exempt from the Florida Building Code, when compliance with this ordinance is
demonstrated, or disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this section.
D. Substantial improvement and substantial damage determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
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substantial improvements, repairs of substantial damage, and any other improvement of or
work on such buildings and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre -damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; for proposed work to repair damage
caused by flooding, the determination requires evaluation of previous permits issued to
repair flood -related damage as specified in the definition of "substantial damage"; the
determination requires evaluation of previous permits issued for improvements and
repairs as specified in the definition of "substantial improvement"; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this ordinance is
required.
E. Modifications of the strict application of the requirements of the Florida Building Code. The
Floodplain Administrator shall review requests submitted to the Building Official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Section 4.5.7 of this section.
F. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
G Inspections. The Floodplain Administrator shall make the required inspections as specified in
Section 4.5.6 of this section for development that is not subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
H. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other
duties, including but not limited to:
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(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 4.5.3.D of this section;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code to determine that such certifications and
documentations are complete; and
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
the City of Longwood are modified.
I. Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and permanently keep
and make available for public inspection all records that are necessary for the administration of
this section and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits
and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and
documentation of elevations specified by the Florida Building Code and this ordinance;
notifications to adjacent communities, FEMA, and the state related to alterations of
watercourses; assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this ordinance and
the flood resistant construction requirements of the Florida Building Code. These records shall
be available for public inspection at the Department of Community Services at 174 West Church
Avenue, Longwood, FL 32750.
4.5.4. — Permits.
A. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who
intends to undertake any development activity within the scope of this section, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
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this section and all other applicable codes and regulations has been satisfied.
B. Development permits. Development permits shall be issued pursuant to this ordinance for any
development activities not subject to the requirements of the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code. Depending on the
nature and extent of proposed development that includes a building or structure, the Floodplain
Administrator may determine that a development permit is required in addition to a building
permit.
C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program
(44 C.F.R. Sections 59 and 60), development permits shall be required for the following
buildings, structures and facilities that are exempt from the Florida Building Code and any
further exemptions provided by law, which are subject to the requirements of this section:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non -wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
D. Application for a permit or approval. To obtain a development permit the applicant shall
first file an application in writing on a form furnished by the community. The information
provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
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description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 4.5.5 of
this section.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
E. Emergency activities. Emergency activities may be undertaken prior to issuance of a permit
that would otherwise be required by this section Emergency activities are those immediately
necessary for the protection and preservation of life or property, or for the protection or
preservation of a natural resource, and include but are not limited to search and rescue
operations, preventative and remedial activities related to large-scale contamination of streams
and other bodies of water, floods, hurricanes and other storms and public health concerns.
(1) Within five days after the commencement of any emergency 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 Floodplain
Administrator setting forth the pertinent facts regarding the emergency activity, including
an explanation of the life, property, or resource such activity was designed to protect or
preserve.
(2) 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 subject to review by the
Floodplain Administrator to ensure that the activity will not result in a significant adverse
impact on a wetland, watercourse, water body or groundwater.
E. Validity of permit or approval. The issuance of a development permit pursuant to this
ordinance shall not be construed to be a permit for, or approval of, any violation of this section,
the Florida Building Codes, or any other ordinance of this community. The issuance of permits
based on submitted applications, construction documents, and information shall not prevent
the Floodplain Administrator from requiring the correction of errors and omissions.
F. Expiration. A development permit shall become invalid unless the work authorized by such
permit is commenced within 180 days after its issuance, or if the work authorized is suspended
or abandoned for a period of 180 days after the work commences. Extensions for periods of not
more than 180 days each shall be requested in writing and justifiable cause shall be
demonstrated.
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G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a
development permit if the permit was issued in error, on the basis of incorrect, inaccurate or
incomplete information, or in violation of this section or any other ordinance, regulation or
requirement of this community.
H. Other permits required. Development permits and building permits shall include a condition
that all other applicable state or federal permits be obtained before commencement of the
permitted development, including but not limited to the following:
(1) The St. Johns River Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, F.S.
(4) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(5) Federal permits and approvals.
4.5.5. — Site Plans and Construction Documents.
A. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this section shall be drawn to
scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 4.5.5.B(2) or
(3) of this section.
(3) Where the parcel on which the proposed development will take place will have more
than 10 lots or is larger than 2 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 4.5.5.13(1) of this section.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
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compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the
intended purpose.
(7) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
B. Information in flood hazard areas without base flood elevations (approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source.
(3) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than two (2)
feet.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
C. Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
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(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations,
the applicant shall submit such analysis to FEMA as specified in Section 4.5.5.1) of this
section and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with
the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not
increase the base flood elevation more than one (1) foot at any point within the
community. This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO
or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood -carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood -carrying capacity; the applicant shall submit the analysis
to FEMA as specified in Section 4.5.5.1) of this section.
D. Submission of additional data. When additional hydrologic, hydraulic or other engineering
data, studies, and additional analyses are submitted to support an application, the applicant
has the right to seek a Letter of Map Change from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and
to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA. Submittal requirements and processing fees
shall be the responsibility of the applicant.
4.5.6. — Inspections.
A. General. Development for which a development permit is required shall be subject to
inspection.
B. Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this section and the
conditions of issued development permits.
C. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain
Administrator shall inspect buildings, structures and facilities exempt from the Florida Building
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Code to determine compliance with the requirements of this section and the conditions of
issued development permits.
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor
inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 4.5.5.6(3)(b) of this section, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or
the owner's authorized agent.
E. Buildings, structures and facilities exempt from the Florida Building Code, final inspection.
As part of the final inspection, the owner or owner's authorized agent shall submit to the
Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 4.5.6.D of this
section.
F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that
are installed or replaced in flood hazard areas to determine compliance with the requirements
of this section and the conditions of the issued permit. Upon placement of a manufactured
home, certification of the elevation of the lowest floor shall be submitted to the Floodplain
Administrator.
4.5.7. — Variances (Special Exceptions) and Appeals.
Requests for variances (special exceptions) from the strict application of this section and the
flood resistant construction requirements of the Florida Building Code shall be administered in
accordance with article IX (Hardship relief and special exceptions).
4.5.8. — Violations.
A. Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit or granted variance, or that does not fully comply with this ordinance,
shall be deemed a violation of this section. A building or structure without the documentation
of elevation of the lowest floor, other required design certifications, or other evidence of
compliance required by this ordinance or the Florida Building Code is presumed to be a
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violation until such time as that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Nothing herein contained shall prevent the floodplain administrator from taking such other
lawful actions as necessary to prevent or remedy any violations.
C. Unlawful continuance. Any person who shall continue any work after having been served
with a notice of violation or a stop work order, except such work as that person is directed to
perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by law.
4.5.9. — Definitions.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
section, have the meanings shown in this section. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
Accessory structure. For the purposes of this section, a nonhabitable structure on the same lot
with, and of a nature customarily incidental and subordinate to, the principal structure and
used only for parking and storage, and constituting minimal investment.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross -sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this section.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year
flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
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datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year;
or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but
not limited to, buildings or other structures, tanks, temporary structures, temporary or
permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
excavations, drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before March 18, 1980. [Also defined in FBC, B, Section 202.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more
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than cosmetic repair. [Also defined in FBC, B, Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this section (may be referred to as the Floodplain Manager).
Floodway. The channel of a river or other riverine 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 one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
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construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the
minimum NFIP requirements for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or
Flood Insurance Study; upon submission and approval of certified as -built
documentation, a Letter of Map Revision may be issued by FEMA to revise the effective
FIRM.
Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off -highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
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enclosure is not built so as to render the structure in violation of the non -elevation
requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to
approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this section and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after March 18, 1980 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. 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 March 18,
1980.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and
appliances. [Defined in section 320.01, F.S.]
Public safety and nuisance. 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.
Recreational vehicle. A vehicle, including a park trailer, which is: [see in section 320.01, F.S.)
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(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
Al-A30, AE, A99, AH, V1430, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The date of issuance of permits for new construction and substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or filling),
the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building. [Also defined in FBC, B Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before -damaged condition would equal or
exceed 50 percent of the market value of the building or structure before the damage occurred.
The term also includes flood -related damage sustained by a structure on two separate
occasions during a ten year period for which the costs of repairs at the time of such flood event,
on the average equals or exceeds 25 percent of the market value of the structure before the
damage occurred. [Also defined in FBC, B Section 202.)
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, alteration,
addition, or other improvement of a building or structure taking place during a one year period,
the cumulative cost of which equals or exceeds 50 percent of the market value of the building
or structure before the improvement or repair is started. For each structure the one year
period begins on the date the first improvement or repair of that structure. If the structure has
incurred "substantial damage," any repairs are considered substantial improvement regardless
of the actual repair work performed. The term does not, however, include either: [Also
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defined in FBC, B, Section 202.1
(1) Any project for improvement of a building required to correct existing health, sanitary,
or safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
4.5.10. — Buildings and Structures.
A. Design and construction of buildings, structures and facilities exempt from the Florida
Building Code. Pursuant to Section 4.5.4.0 of this section, buildings, structures, and facilities that
are exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facilities, shall be designed and constructed in
accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 4.5.16 of this section.
B. Detached accessory structures. Detached accessory structures shall be used only for parking
and storage accessory to the primary structures (for example, storage sheds, detached garages,
gazebos, barns). Accessory structures shall be anchored to resist wind and flood loads and shall
meet with the flood opening requirements of R322.2. All electrical service, heating/cooling
equipment and other mechanical or electrical equipment shall be elevated above the base
flood elevation except one electrical switch and outlet connected to a ground fault interrupt
breaker is allowed below the base flood elevation.
C. Certain temporary structures. Certain types of structures, including but not limited to
construction site offices, may be sited temporarily on property without having to comply with
the elevation requirements of the Florida Building Code provided the following criteria are met:
(1) The structure is mobile, or can be made so, and is capable of being removed from the
site within a minimum of four hours of the specified time for removal.
(2) The structure does not remain on the property for 180 days or more.
(3) The applicant submits a plan for the removal of the structure containing the following
documentation:
a. The name, address, phone number and emergency contact point of the
individual responsible for the removal of the temporary structure.
b. The specified time at which the structure will be removed (i.e., a minimum of
36 hours in advance of the projected landfall of a hurricane).
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c. A copy of a contract or other suitable instrument with a trucking company to
ensure the availability of removal of the structure when needed, together with
the name, address, and emergency phone number of the responsible trucking
company agent.
d. Designation, accompanied by documentation (e.g. signed consent of the
property owner) 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 will be placed, and owner of the temporary structure agreeing to
abide by the terms of the removal plan.
4.5.11. — Subdivisions.
A. Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
A0, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
B. Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than 10 lots or is larger than 2 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 4.5.2.13(1) of this section; and
(3) Density or intensity occurring in flood hazard areas shall be no more than 25 percent of
the lowest density or intensity of the land use classification in which it is located as
shown on the future land use map.
(4) Compliance with the site improvement and utilities requirements of Section 4.5.12 of
this section; and
(5) 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 publish the
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following flood hazard warning in the document:
Flood Hazard Warning
This property may be subject to flooding. You should contact the Floodplain
Administrator and obtain the latest information about flood elevations and
restrictions before making plans for use of this property.
4.5.12. — Site Improvements, Density, Utilities and Limitations.
A. Minimum requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
B. Density or intensity limitations. Density or intensity occurring in flood hazard areas shall be
no more than 25 percent of the lowest density or intensity of the land use classification in
which it is located as shown on the future land use map.
C. Stormwater runoff. All proposed new development shall be required to meet the following
requirements unless otherwise approved by the Floodplain Administrator:
(1) The hydrograph for the developed or redeveloped site shall not exceed the volume and
rate of runoff produced by conditions existing before development or redevelopment for
the 25-year design storm. 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 existing rates and volumes shall be accommodated on -site.
(2) Stormwater runoff shall be subject to best management practices prior to discharge into
natural or artificial drainage systems. "Best management practice" shall mean a practice
or combination of practices that provide for the treatment of stormwater 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 Administrative Code.
(3) The developer shall provide retention of stormwater runoff in accordance with the
minimum requirements of the SJRWMD.
D. Sanitary sewage facilities. On -site sewage disposal systems shall not be permitted in flood
hazard areas and variances shall not be granted for septic tanks and associated drain fields in
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flood hazard areas. On -site sewage disposal systems shall not be located:
(1) Within 150 feet of a flood hazard area if the soils are identified in the most current
Seminole County Soil Survey as having soil limitation ratings of slight or moderate with
respect to septic tank absorption fields.
(2) Within 200 feet of a flood hazard area if the soils are identified in the most current
Seminole County Soil Survey as having soil limitation rating of severe respect to septic
tank absorption fields.
E. Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE
24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
F. Limitations on sites in regulatory floodways. No development, including but not limited to
site improvements, and land disturbing activity involving fill or regrading, shall be authorized in
the regulatory floodway unless the floodway encroachment analysis required in Section
4.5.4.C(1) of this section demonstrates that the proposed development or land disturbing
activity will not result in any increase in the base flood elevation.
G. Limitations on placement of fill. Subject to the limitations of this section, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only),
fill shall comply with the requirements of the Florida Building Code.
4.5.13. — Manufactured Homes.
A. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this section.
B. Foundations. All new manufactured homes and replacement manufactured homes installed
in flood hazard areas shall be installed on permanent, reinforced foundations that are designed
in accordance with the foundation requirements of the Florida Building Code Residential
Section R322.2 and this ordinance.
C. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
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D. General elevation requirement. Manufactured homes shall be elevated such that the
bottom of the frame is at or above the elevation required, as applicable to the flood hazard
area, in the Florida Building Code, Residential Section R322.2 (Zone A).
E. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322.2 for such enclosed areas.
F. Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322.
4.5.14. — Recreational Vehicles and Park Trailers.
A. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick -
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
B. Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 4.5.14.A of this section for temporary placement shall meet the
requirements of Section 4.5.13 of this section for manufactured homes.
4.5.15. — Tanks.
A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the tank is
empty.
B. Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation
requirements of Section 4.5.15.0 of this section shall be permitted in flood hazard areas
provided the tanks are anchored or otherwise designed and constructed to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy assuming the tank is empty
and the effects of flood -borne debris.
C. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be elevated
to or above the design flood elevation and attached to a supporting structure that is designed
to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -
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supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
D. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
4.5.16. — Other Development.
A. General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified
in this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 4.5.12.F of this section if located in a regulated
floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood;
(4) Be constructed of flood damage -resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code
for wet locations.
B. Fences in regulated floodways. Fences in regulated floodways that have the potential to
block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the
limitations of Section 4.5.12.F of this section.
C. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the
limitations of Section 4.5.12.F of this section.
D. Roads and watercourse crossings in regulated floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 4.5.12.F of this section. Alteration of
a watercourse that is part of a road or watercourse crossing shall meet the requirements of
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Page 26 of 32
Section 4.5.5.C(3) of this section.
4.5.16. — Emergency Activities.
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 allowed
without issuance of a development permit. 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 storms and
public health concerns.
B. Within five days after the commencement of such emergency involving the undertaking of any
activity which otherwise would be treated as a regulated activity (development) under this
section, the person chiefly responsible for undertaking such emergency activity shall send a
written statement to the floodplain 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. The floodplain administrator may require submission of an application for
a development permit.
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 emergency public health protection shall be allowed without issuance of a
development permit. Such activities shall be subject to review by the administrator to ensure
that the activity will not result in a significant adverse impact on a wetland, floodplain,
watercourse, water body or groundwater.
SECTION 4. Section 9.2.3, Article IX Hardship Relief and Special Exceptions, Longwood
Development Code is hereby amended to read as follows (underlined language are additions,
s*_Asl eMfJh language are deletions, and non -referenced text shall remain unchanged):
9.2.3. Special provisions where a variance to the requirements of the flood damage
prevention regulations and the flood resistant construction requirements of the Florida Building
Code is requested.
A. Additional finding. In addition to the findings required above, which for purposes of this
section shall be made by the City Commission, the b9aFd ef adjustmeFACity Commission
shall further find that the requested variance will not result in an increase in the
elevation of the base flood, additional threats to public safety, additional public
expense, the creation of nuisances, fraud or victimization of the public, or conflicts with
other local ordinances.
B. Authority with respect to the flood resistant construction requirements of the Florida
Building Code. Pursuant to section 553.73(5), F.S., the City Commission shall hear and
Ordinance No. 19-2158
Page 27 of 32
decide on requests for variances from the strict application of the flood resistant
construction requirements of the Florida Building Code.
C. Limitations on authority. The City Commission shall base its decisions on variances on
technical justifications submitted by applicants, the considerations and conditions of
this section, and the comments and recommendations of the Floodplain Administrator
and the Building Official. The City Commission has the right to attach such conditions as
it deems necessary to further the purposes and objectives of this section.
D_& Considerations. Before granting a variance from the flood damage prevention
regulations, the City Commission shall consider:
1. The danger that materials may be swept from the site onto other lands.
2. The danger to life and property from flooding or erosion.
3. The potential of the proposed facility and its contents to cause flood damage and
the effect of that damage on the owner and the public.
4. The importance of the services provided by the proposed facility to the
community, and whether it is a functionally dependent facility.
5. The availability of alternative locations, not subject to flooding or erosion, for the
proposed use.
6. The compatibility of the proposed use with existing and anticipated neighboring
development.
7. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
8. Safe vehicular access to the property in times of flood.
9. The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and effects of wave action, if applicable, at the site.
10. The costs of providing governmental services during and after floods including
maintenance and repair of public utilities and facilities.
pFepeky.
E. Conditions. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this section or the required elevation standards:
2. Determination by the City Commission that:
a. Failure to grant the variance would result in exceptional hardship due to the
Physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not constitute
Ordinance No. 19-2158
Page 28 of 32
hardship:
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances: and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears
in the chain of title of the affected parcel of land: and
4. If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a
copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood
elevation and the proposed elevation of the lowest floor, stating that the cost of
federal flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as $25 for $100 of
insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
F_$- Record of variances to be maintained. The director shall maintain a record of all
variances including the justification for their issuance and a copy of the notice of the
variance. The director shall report all variances in the annual or biannual report to the
city manager.
G. € Historic properties. Notwithstanding the foregoing requirements, special variances
may be granted for the reconstruction, rehabilitation or restoration of structures
determined eligible for the exception to the flood resistant construction requirements
of the Florida Building Code. listed SR, 9F -A-S 69R4IbAffiAg t-61 8 distriet lasted 9A,
The special variance shall be the minimum necessary to
protect the historic character and design of the structure. No special variance shall be
granted if the proposed construction, rehabilitation, or restoration will cause the
structure to lose its historical designation.
H. Restrictions in floodways. Variances shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result as evidenced by the
applicable analyses and certification required in Section 4.5.0.
I. Functionally dependent uses. Variances may be granted for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined in
Section 4.5.0, provided the variance meets the requirements is the minimum necessary
Ordinance No. 19-2158
Page 29 of 32
considering the flood hazard and all due consideration has been given to use of methods
and materials that minimize flood damage during occurrence of the base flood.
SECTION 5. The Longwood Code of Ordinances, Chapter 18 - Buildings and Building
Regulations is hereby amended to adopt administrative and technical amendments to the
Florida Building Code (underlined language are additions, st-r-ileke-A tbrlanguage are
deletions, and non -referenced text shall remain unchanged):.
Modify Section 18-7(a) as follows:
(a) The 2919- -I Q44ZQ17 611 edition of the Building Officials Association of Florida (BOAF)
Model Administrative Code (available at www.boaf.net) is hereby adopted by reference as
though fully set forth in this section, with certain changes thereto.
Modify Section 18-7(b)(2) by deleting previous amendment in and making another amendment,
as follows:
(2) Section 322.2 Florida Building Code —Residential.
h th., I.,..,.,gt f1t4gr .,1.,.,-#Pd Uqt;r ,4,.,..., the h;;,; , fl.,Rd PL,..at*gR pi6is 9 feet er to
R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including
crawl spaces, that are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage. The
interior portion of such enclosed areas shall not be partitioned or
finished into separate rooms except for stairwells, ramps, and elevators,
unless a partition is required by the fire code. The limitation on
partitions does not apply to load bearing walls interior to perimeter wall
(crawlspace) foundations. Access to enclosed areas shall be the
minimum necessary to allow for the parking of vehicles (garage door) or
limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the building (stairway or
elevator).
Remainder unchanged
Modify Section 18-7 by adding a new item (4) amendment, as follows:
Ordinance No. 19-2158
Page 30 of 32
(4) Section 1612.4.2. Enclosure limitations. The interior portion of enclosed areas below
elevated buildings shall not be partitioned or finished into separate rooms except for
stairwells, ramps, and elevators, unless a partition is required by the fire code. The
limitation on partitions does not apply to load bearing walls interior to perimeter wall
(crawlspace) foundations. Access to enclosed areas shall be the minimum necessary
to allow for the parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior door) or entry to
the building (stairway or elevator).
SECTION 6. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 7. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in City of Longwood.
This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after the effective date of this
ordinance.
SECTION S. CODIFICATION.
It is the intent of the City Commission that Sections 2 through 5 of this ordinance shall become
and be made a part of the City of Longwood Code of Ordinances, and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 9. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the
validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 10. TRANSMITTAL. This ordinance enacting technical and administrative
amendments to the Florida Building Code shall be transmitted to the Florida Building
Commission within thirty (30) days after enactment.
SECTION 11. CONFLICTS. If any ordinances or parts of ordinances are in conflict herewith, this
ordinance shall control to the extent of such conflict.
Ordinance No. 19-2158
Page 31 of 32
SECTION 12. EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage. Notwithstanding the preceding,
technical amendments herein shall take effect immediately upon the expiration of thirty (30)
days after such amendments have been received and published by the Florida Building
Commission.
PASSED on first reading this 9t' day of September 2019.
PASSED and ADOPTED in regular session, with a quorum present and voting, by the City
Commission, upon second and final reading this 16th day of September 2019.
City Commissio_&the
City Clerk
n, Mayor
APPROVED AS TO FORM AND LEGALITY FOR USE BY THE CITY OF LONGWOOD ONLY:
Daniel W. n y
Ordinance No. 19-2158
Page 32 of 32