HomeMy WebLinkAboutDocumentation_Regular_Tab 16b_01/10/20081. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
1-10-08 Meeting Type: Regular Ordinance #: 02-08
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Originating Department: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Flood Management Ordinance 02-08
3_ BUDGET /FINANCIAL IMPACT: NONE
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`Ted I_
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
This is a consolidated ordinance to replace various flood related ordinances in the VOT Code of
Ordinances.
5. APPROVALS:
Dept.
Attorney: (for legal sufficiency)
Village Manager:
SUBMIT FOR COUNCIL DISCUSSION: ^
APPROVE ITEM: ^
Finance Director:
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DENY ITEM: ^
M EMORANDUM
Village of Tequesta
Office of Community Development
TO: Mr. Michael R. Couzzo, Jr., Village Manager
FROM: Catherine Harding, Community Development Director
DATE: January 4, 2008
SUBJECT: Flood Management Ordinance # 02-08
The new Ordinance #02-08 Flood Management, consolidates the current VOT Code of
Ordinances referencing Flood, into one concise ordinance.
We have been working with FEMA to obtain acceptance into the FEMA Program. This
will then enable us to work our way back into the CRS Community Rating System, #rom
which we lost our rating. This ordinance is the recommended format that FEMA would
like to see all communities use. While it does not alter our current requirements, it does
satisfy one of the goals of FEMA. It does also consolidate and make easier for the
public to find flood related requirements.
ORDINANCE NO.2-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING
CHAPTER 50, NATURAL RESOURCE PROTECTION, ARTICLE III,
COASTAL PROTECTION; REPEALING AND READOPTING CHAPTER
78, ZONING, ARTICLE IX, SUPPLEMENTAL REGULATIONS,
DIVISION 1, GENERALLY, SECTION 78-293, FLOOR ELEVATION
ABOVE SEA LEVEL AS A NEW SECTION 78-785; AMENDING
CHAPTER 78, ZONING, BY REPEALING ARTICLE XII, FLOOD
HAZARD AREAS, IN ITS ENTIRETY AND READOPTING A NEW
ARTICLE XII WITH A NEW TITLE "FLOOD DAMAGE PREVENTION"
IN ORDER TO COMPLY WITH FEMA'S REQUIREMENTS FOR THE
NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has authorized and delegated
in Chapter 166, Florida Statutes, the responsibility to local government units to adopt
regulations designed to promote the public health, safety, and general welfare of its
residents;
WHEREAS, the flood hazard areas of the Village of Tequesta are subject to
periodic inundation, which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare;
WHEREAS, these flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other
lands which are inadequately elevated, flood-proofed, or otherwise unprotected from
flood damages;
WHEREAS, the Village Council of the Village of Tequesta desires to promote the
public health, safety and general welfare and #o minimize public and private losses due
to flood conditions in specific areas; and,
WHEREAS, the Village Council of the Village of Tequesta desires to conform to
the requirements of the Federal Emergency Management Agency (FEMA) for the
National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 50, Natural Resource Protection, Article III, Coastal
Protection, is hereby repealed and replaced by the new Chapter 78, Article XII as
provided below.
Section 2. Chapter 78, Zoning, Article IX, Supplemental Regulations, Division
1, Generally, Section 78-293, Floor Elevation Above Sea Level, is hereby repealed and
readopted as revised in the new Chapter 78, Article XII, Section 78-785 as provided
below.
Section 3. The entire Chapter 78, Article XII, Flood Hazard Areas, of the Code
of Ordinances of the Village of Tequesta is hereby repealed and readopted as revised,
providing that the new Chapter 78, Article XII shall hereafter be titled "Flood Damage
Prevention" and shall hereafter read as follows:
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"ARTICLE XII. FLOOD DAMAGE PREVENTION
Sec. 78-771. Purpose.
It is the purpose of this article to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due
to water or erosion hazards, which result in damaging increases in erosion or in flood
heights and velocities;
(2) Require that uses vulnerable to floods including facilities which serve such uses
be protected against flood damage throughout their intended life span;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
Sec. 78-772. Objectives.
The objectives of this article are to:
(1) Protect human life, health and to eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, roadways, and bridges and culverts located in
floodplains;
(6) Maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a rcanner as to minimize flood blight areas; and
(7) Ensure that potential homebuyers are notified that property is in a flood hazard
area.
Sec. 78-773. Definitions.
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Unless specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this
article its most reasonable application.
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 minimal
flood damage potential. Examples of accessory structures are detached garages,
carports, storage sheds, pole barns, and hay sheds.
Appeal means a request for a review of the Floodplain Administrator's interpretation of
any provision of this article or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the Village's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within the Village subject to a
one-percent or greater chance of flooding in any given year. This term is synonymous
with the phrase "special flood hazard area."
Base flood means the flood having 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 term used throughout this article.
Base Flood Elevation means the water-surface elevation associated with the base
flood.
Basement means that portion of a building having its floor sub-grade (below ground
level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building or the
supporting foundation system.
Building -see Structure.
Coastal high hazard area means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. The area is
designated on the FIRM as Zone V1-V30, VE, or V.
Datum A reference surface used to ensure that all elevation records are properly
related. Many communities have their own datum that was developed before there was
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a national standard. The current national datum is the National Geodetic Vertical Datum
(NGVD) of 1929, which is expressed in relation to mean sea level, or the North
American Vertical Datum (NAND) of 1988.
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-basement building built to have the lowest floor
elevated above the ground level by foundation walls, posts, piers, columns, pilings, or
shear walls.
Encroachment means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent 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 management, structures
for which "the start of construction" commenced before the data of the initial Flood
Insurance Rate Map (FIRM). Existing construction, means for the purposes of
determining rates structures for which the "start of construction" commenced before the
effective date of the first FIRM or before January 1, 1975, for FIRMs effective before
that date. This term may also be referred to as "existing structures".
Existing manufactured home park or subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by the Village.
Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means:
(a) A general and temporary condition of partial or complete inundation of normally
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.
(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.
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(b) The collapse or subsidence of land along a shore of a lake or other body of water
as the result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm or by an unanticipated force of
nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this
definition.
Flood Boundary and Floodway Map (FBFM) means the official map of the Village on
which the Federal Emergency Management Agency (FEMA) has delineated the areas
of special flood hazard and regulatory floodways.
Flood Hazard Boundary Map (FHBM) means an official map of the Village, issued by
FEMA, where the boundaries of the areas of special flood hazard have been identified
as only Approximate Zone A.
Flood Insurance Rate Map (FIRM) means an official map of the Village, issued by
FEMA, which delineated both the areas of special flood hazard and the risk premium
zones applicable to the Village.
Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by
FEMA. The study contains an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluation, and determination of mudslide (i.e., mudflow) and other flood-related erosion
hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where
applicable), and other related data and information.
Floodplain means any land area susceptible to being inundated by water from any
source (see definition of "flooding").
Floodplain 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, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
Floodplain Administrator is the individual appointed to administer and enforce the
floodplain management regulations of the Village.
Floodplain management regulations means this article and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as floodplain ordinance, grading ordinance, and erosion control ordinance), and
other applications of police power which control development in flood-prone areas. This
term describes Federal, State of Florida, or local regulations in any combination thereof,
which provide standards for preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and non-structural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to real
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estate or improved real property, water and sanitary facilities, structures and their
contents.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Floodway fringe means that area of the floodplain on either side of the regulatory
floodway where encroachment may be permitted without additional hydraulic and/or
hydrologic analysis.
Freeboard means the additional height, usually expressed as a factor of safety in feet,
above a flood level for purposes of floodplain management. Freeboard tends to
compensate for many unknown factors, such as wave action, 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.
Functionally dependent use means a use that cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding or ship repair. The term does not include long-term storage, manufacture,
sales, or service facilities.
Hardship as related to variances from this article means the exceptional hardship
associated with the land that would result from a failure to grant the requested variance.
The Village requires that the variance is exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional
hardship. All of these problems can be resolved through other means without granting a
variance, even if the alternative is more expensive, or requires the property owner to
build elsewhere or put the parcel to a different use than originally intended.
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 the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by 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;
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(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 communities with
historic preservation programs that have been certified either:
(1) By the approved Florida program as determined by the Secretary of the interior,
or
(2) Directly by the Secretary of the Interior.
Lowest adjacent grade means the lowest elevation, after the completion of
construction, of the ground, sidewalk, patio, deck support, or basement entryway
immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the nonelevation design standards of this article.
Mangrove Stand means an assemblage of mangrove trees which are mostly low trees
noted for a copious development of interlacing adventitious roots above ground and
which contain one or more of the following species: Black mangrove (Avicennia Nitida);
red mangrove (Rhizophora mangle); white mangrove (Lariguncularia Racemosa); and
buttonwood (Conocarpus Erecta).
Manufactured home 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 connected to the required utilities. The term 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.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding the land
value and that of the detached accessory structures and other improvements on site (as
agreed to between 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 tax-assessed values.
Mean Sea 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 article, the term is synonymous with National Geodetic Vertical Datum
(NGVD) of 1929, or North American Vertical Datum (NAND) of 1988.
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National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
New Construction means, for floodplain management purposes, any structure for
which the "start of construction" commenced on or after the effective date of the initial
floodplain management code, ordinance, or standard based upon specific technical
base flood elevation data that establishes the area of special flood hazard (include only
one date). The term also includes any subsequent improvements to such structures. For
flood insurance rates, structures for which the start of construction commenced on or
after the effective date of the date of an initial FIRM or after December 31, 1974,
whichever is later (include only one date), 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 servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of the first floodplain
management code, ordinance or standard.
North American Vertical Datum (NAND) of 1988 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
Free of Obstruction means any type of lower area enclosure or other construction
element that will obstruct the flow of velocity water and wave action beneath the lowest
horizontal structural member of the lowest floor of an elevated building during a base
flood event is not allowed. This requirement applies to the structures in velocity zones
(V-Zones).
Program deficiency means a defect in the Village'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 Village 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 means a vehicle that is:
(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
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(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure
or other development into compliance with State of Florida, Federal or local floodplain
management regulations; or if this is not possible, to reduce the impacts of its
noncompliance. Ways the impacts may be reduced include protecting the structure or
other affected development from flood damages, implementing the enforcement
provisions of this article or otherwise deterring future similar violations, or reducing
Federal financial exposure with regard to the structure or other development.
Riverine means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
Sand dune means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Shallow flooding means the same as area of shallow flooding.
Special flood hazard area means the same as area of special flood hazard.
Start of construction For other than new construction or substantial improvements
under the Coastal Barrier Resources Act P. L. 97-348, includes substantial
improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of
excavation or placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and 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 external dimensions of the building.
Storm cellar means a place below grade used to accommodate occupants of the
structure and emergency supplies as a means of temporary shelter against severe
tornadoes or similar windstorm activity.
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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 structure 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 the
improvement. This term includes structures that have incurred "substantial damage"
regardless of the actual repair work performed. This term does not, however, include
any repair or improvement of a structure to correct existing violations of State of Florida
or local health, sanitary, or safety code specifications, which have been identified by the
local code enforcement official prior to the application for permit for improvement, and
which are the minimum necessary to assure safe living conditions.
Substantially improved existing manufactured home parks or subdivisions is
where the repair, reconstruction, rehabilitation or improvement of the streets, utilities
and pads equals or exceeds 50 percent of the value of the streets, utilities and pads
before the repair, reconstruction or improvement commenced.
Variance is a grant of relief from the requirements of this article.
Violation means the failure of a structure or other development to be fully compliant
with the requirements of this article. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this
article is presumed to be in violation until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
Water surface elevation means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 or the North American Vertical Datum (NAND) of 1988, of floods
of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 78-774. Areas of special flood hazard.
The provisions in this article shall apply to all areas of special flood hazard within the
jurisdiction of the Village of Tequesta.
Sec. 78-775. Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified in Map No. 120228-0001-C, revised
September 30, 1982, by the Federal Emergency Management Agency in the Flood
Insurance Study (FIS) for the Village of Tequesta, with the accompanying maps and
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other supporting data, and any subsequent revisions thereto, are adopted by reference
and declared to be a part of this article. The Flood Insurance Study and Flood Insurance
Rate Map are on file with the Village clerk.
Sec. 78-776. Designation of floodplain administrator.
The Village of Tequesta hereby appoints the Community Development Director to
administer and implement the provisions of this article and is herein referred to as the
Floodplain Administrator.
Sec. 78-777. Establishment of development permit.
A development permit shall be required in conformance with the provisions of this article
prior to the commencement of any development activities.
Sec. 78-778. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally
altered without full compliance with the terms of this article and other applicable
regulations.
Sec. 78-779. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 78-780. Interpretation.
In the interpretation and application of this article 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.
Sec. 78-781. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This article shall not create liability on the part of the Village of Tequesta
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or by any officer or employee thereof for any flood damages that result from reliance on
this article or any administrative decision lawfully made thereunder.
Sec. 78-782. Penalties for Violation.
Violation of the provisions of this article or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall upon conviction by the special master be
punishable as provided in Section 1-14 of the Village Code. Any person who violates
this article or fails to comply with any of its requirements shall, upon adjudication
therefore, be fined not more than $500, and in addition, shall pay all costs and
expenses involved in the case. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the Floodplain Administrator
from taking such other lawful actions as is necessary to prevent or remedy any violation.
Sec. 78-783. Permit procedures.
Application for a Development Permit shall be made to the Floodplain Administrator on
forms furnished 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 following information 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 Section 78-
783(2) and Section 78-786(2)(b);
(d) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development; and
(e) Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification from a registered
engineer or architect indicating that they have developed and or reviewed the structural
designs, specifications and plans of the construction and certified that are in accordance
with accepted standards of practice in Coastal High Hazard Areas.
(2) Construction Stage:
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Upon placement of the lowest floor, or flood-proofing by whatever construction means,
or bottom of the lowest horizontal structural member it shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the NGVD or NAVD
elevation of the lowest floor or flood-proofed elevation, or bottom of the lowest
horizontal structural member as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When flood proofing is utilized for a
particular building said certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. Any work undertaken prior
to submission of the certification shall be at the permit holder's risk. The Floodplain
Administrator shall review the lowest floor and flood-proofing elevation survey data
submitted. The permit holder immediately and prior to further progressive work being
permitted to proceed shall correct 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.
Sec. 78-784. Duties and responsibilities of the floodplain administrator.
Duties of the Administrator shall include, but are not be limited to:
(1) Review permits to assure sites are reasonably safe from flooding;
(2) Review all development permits to assure that the permit requirements of this
article have been satisfied;
(3) Advise permittee that additional Federal, State of Florida, or local permits may be
required, and if such additional permits are necessary, especially as it relates to
Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV,
Florida Statutes, require that copies of such permits be provided and maintained on file
with the development permit;
(4) Notify adjacent communities, the Department of Community Affairs, Division of
Emergency Management, the South Florida 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;
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor (A-Zones) or bottom of the lowest horizontal structural member of the lowest floor
(V-Zones) of all new or substantially improved buildings, in accordance with Section 78-
786(2)(a) and (b) and Section 78-789(2), respectively;
(7) Verify 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
Section 78-786(2)(b);
14
(8) Review certified plans and specifications for compliance. When flood-proofing is
utilized for a particular building, certification shall be obtained from a registered engineer
or architect certifying that all 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 and
the effects of buoyancy in compliance with Section 78-786(2)(b) of this article. In
Coastal High Hazard Areas, certification shall be obtained from a registered
professional engineer or architect that the building is designed and securely anchored to
pilings or columns in order to withstand velocity waters and hurricane wave wash.
Additionally in Coastal High Hazard Areas, if the area below the lowest horizontal
structural member of the lowest floor is enclosed, it may be done so with open wood
lattice and insect screening or with non-supporting breakaway walls that meet the
standards of Section 78-7$9(6) of this article;
(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
person 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 or floodway data have not been provided in
accordance with Section 78-775, 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 Sections
78-786 through 78-789;
(11) Coordinate all change requests to the FIS, FIRM and FBFM with the requester,
State of Florida, and FEMA; and
(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 Section 78-786(2)(a) and (b), respectively.
Sec. 78-785. Floor elevation above sea level.
Minimum lowest floor elevation above mean sea level (MSL) for all new construction,
additions and substantial improvements to existing structures shall be 8.5 feet (MSL),
18 inches above the crown of any road, street, cul-de-sac or highway, or meet the
applicable requirements in Sections 78-786 through 78-789 of this article, whichever is
more stringent.
Sec. 78-786. Provisions for flood hazard reduction.
(1) General standards:
In all areas of special flood hazard, all development sites including new construction
and substantial improvements shall be reasonably safe from flooding, and meet the
following provisions:
15
(a) New construction and substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(b) 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 requirements for resisting wind forces;
(c) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage. See the applicable Technical
Bulletin or Bulletins for guidance;
(d) New construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage. See the applicable Technical Bulletin or
Bulletins for guidance;
(e) Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding;
(f) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(g) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters;
(h) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding;
(i) Any alteration, repair, reconstruction or improvements to a building that is in
compliance with the provisions of this article shall meet the requirements of "new
construction" as contained in this article;
(j) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this article, shall be undertaken only if said non-
conformity is not furthered, extended, or replaced;
(k) All applicable additional Federal, State of Florida, and local permits shall be
obtained and submitted to the Floodplain Administrator. Copies of such permits shall be
maintained on file with the development permit. State of Florida permits may include,
but not be limited to the following:
(i) South Florida Water Management District: in accordance with Chapter 373.036
Florida Statutes, Section (2)(a) -Flood Protection and Floodplain Management.
16
(ii) Department of Community Affairs: in accordance with Chapter 380.05, Florida
Statutes, Areas of Critical State Concern, and Chapter 553, Part IV, Florida Statutes,
Florida Building Code.
(iii) Department of Health: in accordance with Chapter 381.0065, Florida Statutes,
Onsite Sewage Treatment and Disposal Systems.
(iv) Department of Environmental Protection, Coastal Construction Control Line: in
accordance with Chapter 161.053, Florida Statutes, Coastal Construction and
Excavation.
(I) Standards for Subdivision Proposals and other Proposed Development (including
manufactured homes):
(i) All subdivision proposals shall be consistent with the need to minimize flood
damage;
(ii) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize or eliminate
flood damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
(2) Specific standards:
In all A-Zones where base flood elevation data have been provided (Zones AE, Al-30,
and AH), as set forth in Section 78-775, the following provisions shall apply:
(a) Residential Construction. All new construction or substantial improvement of any
residential building (including manufactured home) shall have the lowest floor, including
basement, elevated to 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 paragraph (2)(c) of this Section.
(b) Non-Residential Construction. All new construction or substantial improvement of
any commercial, industrial, or non-residential building (including manufactured home)
shall have the lowest floor, including basement, elevated to the base flood elevation. All
buildings located in A- Zones may be flood-proofed, in lieu of being elevated, provided
that all areas of the building components below the base flood elevation are water tight
with walls substantially impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. A registered professional engineer or architect shall certify that
the standards of this subsection are satisfied using the FEMA Floodproofing Certificate.
Such certification along with the corresponding engineering data, and the operational
and maintenance plans shall be provided to the Floodplain Administrator.
17
(c) Elevated Buildings. New construction or substantial improvements of elevated
buildings that include fully enclosed areas formed by foundation and other exterior walls
below the lowest floor elevation shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(i) Provide a minimum 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 higher in elevation than the adjacent
exterior grade); and
(iii) Openings may be 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.
(2) Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles, storage, and building access. Access to the enclosed area shall be minimum
necessary to allow for parking of vehicles (garage door), limited storage of maintenance
equipment used in connection with the premises (standard exterior door), or entry to the
living area (stairway or elevator); and
(3) The interior portion of such enclosed area shall not be finished or partitioned into
separate rooms.
(d) Standards 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 manufactured
home park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, the lowest floor be elevated on a permanent
foundation to 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 existing
manufactured home park or subdivision within Zones A-1, AH, and AE, that are not
subject to the provisions of paragraph (2)(d)(1) of this Section, must be elevated so that
either:
(i) The lowest floor of the manufactured home is elevated to the base flood
elevation, or
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(ii) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least an equivalent strength that are no less than 36 inches 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:
(i) Be on the site for fewer than 180 consecutive days,
(ii) 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
disconnect type utilities and security devices and has no permanently attached
additions), or
(iii) Meet all the requirements for new construction, including anchoring and elevation
requirements in accordance with paragraphs (2)(d)(1) and (2) of this Section.
(e) Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures.
(f) Standards for streams with established Base Flood Elevations, without
Regulatory Floodways.
Located within the areas of special flood hazard established in Section 78-775, where
streams exist for which base flood elevation data has been provided by the Federal
Emergency Management Agency without the delineation of the regulatory floodway
(Zones AE and A 1-30), the following additional provisions shall also apply.
(1) Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development including fill shall be permitted within the areas of
special flood hazard, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more than
one foot at any point within the Village.
(2) Development activities which increase the water surface elevation of the base
flood by more than one foot may be allowed, provided that the developer or applicant
first applies, with the Village's endorsement, for a conditional FIRM revision, and
receives the approval of the Federal Emergency Management Agency.
(g) Floodways. Located within
78-775, are areas designated
hazardous area due to the vel
projectiles and have significant
shall also apply:
areas of special flood hazard established in Section
s floodways. Since the floodway is an extremely
city of flood waters which carry debris, potential
erosion potential, the following additional provisions
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(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 encroachments would not result in
any increase in flood levels during occurrence of the base flood discharge.
(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 Section 78-786(1)(b), and the elevation
standards of Section 78-786(2)(a) and (b), and the encroachment standards of Section
78-786(2)(g)(1), are met.
(3) Development activities including new construction and substantial improvements
that increase the water surface elevation of the base flood by more than one foot may
be allowed, provided that the developer or applicant first applies, with the Village's
endorsement, for a conditional FIRM revision, and receives the approval of FEMA.
(4) 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 the proposed
fill will not increase the water surface elevation of the base flood in accordance with
Section 78-786(2)(8)(1).
(h) For all structures located seaward of the Coastal Construction Control Line
(CCCL), the lowest floor of all new construction and substantial improvements shall be
elevated to the regulatory flood elevation established by the Florida Department of
Environmental Protection or by FEMA in accordance with Section 78-775, whichever is
higher. All non-elevation design requirements of Section 78-789 shall apply.
Sec. 78-787. Specific standards for A-Zones without base flood elevations and
regulatory floodways.
Located within the areas of special flood hazard established in Section 78-775, 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 Section 78-786(1).
(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 administer the provisions of this article. When such data is
utilized, provisions of Section 78-786(2) shall apply. The Floodplain Administrator shall:
(a) Obtain the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures,
20
(b) Obtain, if the structure has been floodproofed in accordance with the
requirements of Section 78-786(2)(b), the elevation in relation to the mean sea level to
which the structure has been floodproofed, and
(c) Maintain a record of all such information.
(3) Notify, in riverine situations, adjacent communities, the State of Florida,
Department of Community Affairs, NFIP Coordinating Office, and the 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 installed using methods and practices that
minimize flood damage. They may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement must be elevated and anchored to
prevent flotation, collapse, or lateral movement. Methods of anchoring is in addition to
applicable State of Florida and local anchoring requirements for resisting wind forces.
(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 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.
Sec. 78-788. Standards for AO-Zones.
Located within the areas of special flood hazard established in Section 78-775, are
areas designated as shallow flooding areas. These areas have flood hazards
associated with base flood depths of one to three feet, where a clearly defined channel
does not exist and the path of flooding is unpredictable and indeterminate; 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
Insurance 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:
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(a) 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 Insurance
Rate Map. If no flood depth number is specified, the lowest floor, including basement,
shall be elevated to at least two feet above the highest adjacent grade, or
(b) Together with attendant utility and sanitary facilities be completely floodproofed
to that level to meet the floodproofing standard specified in Section 78-786(2)(b).
(3) Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures.
Sec. 78-789. Coastal high hazard areas (V-Zones).
Located within areas of special flood hazard established in Section 78-775 are Coastal
High Hazard Areas, designated as Zones V 1-30, VE, or V (with BFE). The following
provisions shall apply for all development activities:
(1) Meet the Requirements of Section 78-783, and Section 78-786(1) and (2) (except
(2)(g)), Section 78-787 and Section 78-78$.
(2) All new construction and substantial improvements in Zones V1-V30, VE, and V
(with BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to the base flood elevation whether or not
the structure contains a basement; and
(b) The pile or column foundation and structure attached thereto is anchored to
resist flotation, collapse, and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Water loading will be those
values associated with the base flood. Wind loading values will be those required by
applicable State of Florida or local, if more stringent than those of the State of Florida,
building standards.
(3) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify that the
design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of this Section.
(4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings and columns) of all
new and substantially improved structures. The Floodplain Administrator shall maintain
a record of all such information.
(5) All new construction and substantial improvements shall be located landward of
the reach of mean high tide.
22
(6) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system. For the
purpose of this section, a breakaway wall shall have a design safe loading resistance of
not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls
which exceed a design safe loading resistance of 20 pounds per square foot (either by
design or when so required by local codes) may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the following
conditions:
(a) Breakaway wall collapse shall result from water load less than that which would
occur during the base flood; and
(b) The elevated portion of the building and supporting foundation system shall not
be subject to collapse, displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building components (structural and
nonstructural). The water loading shall be those values associated with the base flood.
The wind loading values shall be those required by applicable Florida or local, if more
stringent than those of the State of Florida, building standards.
(c) Such enclosed space shall be useable solely for parking of vehicles, building
access, or storage. Such space shall not be finished, partitioned into multiple rooms, or
temperatu re-control led.
(7) Prohibit the use of fill for structural support. No development permit shall be
issued for development involving fill in coastal high hazard areas unless it has been
demonstrated through appropriate engineering analyses that the subject fill does not
cause any adverse impacts to the structure on site or adjacent structures. Placement of
fill that would result in an increase in the base flood elevation or cause adverse impacts
by wave ramping and deflection may be permitted, provided that the permit applicant
first applies for and receives a conditional FIRM revision, fulfilling the requirements for
such revisions as established by FEMA.
(8) Prohibit man-made alteration of sand dunes and mangrove stands that would
increase potential flood damage.
(9) Standards for Manufactured Homes
(a) All manufactured homes to be placed or substantially improved on sites: (i)
Outside a manufactured home park or subdivision, (ii) In a new manufactured home
park or subdivision, (iii) In an expansion to an existing manufac#ured home park or
subdivision, or, (iv) In an existing manufactured home park or subdivision in which a
manufactured home has incurred "substantial damage" as the result of a flood, must
meet the standards of paragraphs (2) through (8) of this Section,
23
(b) All manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision shall meet the requirements of Section
78-786(2)(d)(2).
(10) Recreational vehicles placed on sites within Zones VE, V1 V30, V (with base
flood elevation) on the FIRM either
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use (on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached additions); or
(c) Meet the requirements of paragraphs (2) through (8) of this Section.
(d) Prohibit the placement of recreational vehicles, except in an existing recreational
vehicle park. They must be on site for fewer than 180 consecutive days, fully licensed
and ready for highway use (on its wheels or jacking system, is attached to the site by
quick disconnect type utilities and security devices, and has no permanently attached
additions). They shalt also have a plan for removal in case of a threat.
(11) For all structures located seaward of the Coastal Construction Control Line
(CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all
new construction and substantial improvements shall be elevated to the flood elevation
established by the Florida Department of Environmental Protection or the base flood
elevation, whichever is the higher. All non-elevation design requirements of paragraphs
(2) through (11) shall apply.
(12) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in coastal high hazard area, the development permit shall be
issued only upon demonstration by appropriate engineering analyses that the proposed
fill will not increase the water surface elevation of the base flood nor cause any adverse
impacts to adjacent properties by wave ramping and deflection.
Sec. 78-790. Variances and appeals.
The Board of Adjustment as established by the Village of Tequesta in Section 78-62 of
this chapter shall hear and decide appeals and requests for variances from the
requirements of this article.
Sec. 78-791. Duties of Board of Adjustment.
The Board of Adjustment shall hear and decide appeals when it is alleged an error in
any requirement, decision, or determination is made by the Floodplain Management
Administrator in the enforcement or administration of this article. Any person aggrieved
by the decision of the Board may appeal such decision pursuant to the appeal
procedure provided in Sections 78-63 and 78-67 of this chapter.
24
Sec. 78-792. Variance 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 article, 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;
(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 Village;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative 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 and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment of transport of
the flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
Sec. 78-793. Conditions #or variances.
(1) Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship; and
(c) 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
victimization of the public, or conflict with existing local laws or ordinances.
25
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary deviation from the requirements of this article.
(3) Variances shall not be granted after-the-fact.
(4) The Floodplain Administrator shall maintain the records of all variance actions,
including justification for their issuance or denial, and report such variances in the
Village's NFIP Biennial Report or upon request to FEMA and the State of Florida,
Department of Community Affairs, NFIP Coordinating Office.
Sec. 78-794. Variance notification.
Any applicant to whom a variance is granted shall be given written notice over the
signature of a Village official that:
(1) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage, and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office of
the Clerk of Court of Palm Beach County and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.
Sec. 78-795. Historic Structures.
Variances may be issued for the repair or rehabilitation of "historic" structures meeting
the definition in this article upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a "historic"
structure.
Sec. 78-796. Structures in regulatory floodway.
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."
Section 4. Severability.
If any court of competent jurisdiction holds any word, part, section, paragraph or
provision hereof to be unlawful or unconstitutional, such ruling or finding shall not affect
the remaining portions of this Ordinance, which shall remain in full force and effect.
Section 5. Repeal of Ordinances in Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
26
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 7. Effective Date.
This Ordinance shall become effective immediately upon passage.
Upon First Reading this day of
Ordinance was offered by
adoption. The motion was seconded by
20087, the foregoing
who moved its
and upon
being put to a vote, the vote was as follows:
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
For Adoption Against Adoption
27
Upon Second Reading this day of
foregoing Ordinance was offered by
its adoption. The motion was seconded by
upon being put to a vote, the vote was as follows:
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
2008, the
who moved
and
For Adoption
Against Adoption
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of
ATTEST:
Lori McWilliams, CMC
Village Clerk
2008.
28
MAYOR OF TEQUESTA
Jim Humpage