HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_10/17/2024 Agenda Item #2.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Oct 17 2024
Staff Contact: Wayne Cameron Department: Building
ORDINANCE 09-24: FLOODPLAIN MANAGEMENT
SUMMARY:--,-..'
The Village participates in the National Flood Insurance Program (NFIP) and participates in the
NFIP's Community Rating System (CRS). CRS is a voluntary incentive program that recognizes and
encourages community floodplain management activities that exceed the minimum program
requirements. The Federal Emergency Management Agency (FEMA) has revised and reissued the
Flood Insurance Study for Palm Beach County and Incorporated Areas with an effective date of
December 20, 2024. Ordinance 9-24 will amend the Village's current floodplain management code to
identify the effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps.
Additionally, the Florida Division of Emergency Management (FDEM) has recommended the Village
update the floodplain management code to clean up scrivener's errors and non-substantive internal
inconsistencies. Ordinance 9-24 has included these as well.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
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Tequesta Floodplain Management Ordinance 24-09
Page 5 of 53
ORDINANCE NO. 09-24
AgW8
%A%E F THE VILLAGE COUNCIL F THE VILLAGE F TE E TA FLORIDA,O G COU C O G O QU S O ,
AMENDING THE TEQUESTA CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE
XII. FLOOD DAMAGE PREVENTION.TO UPDATE THE EFFECTIVE DATE OF THE CURRENT
APPLICABLE NFIP FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS,
AND BY REVISING CERTAIN DEFINITIONS AND CORRECTING OCCASIONAL
SCRIVENER'S ERRORS AND NON-SUBSTANTIVE INTERNAL INCONSISTENCIES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER
78.ZONING.ARTICLE XII. FLOOD DAMAGE PREVENTION.SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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 Village of Tequesta participates in the National Flood Insurance Program (NFIP) and
participates in the NFIP's Community Rating System (CRS), a voluntary incentive program that recognizes and
encourages community floodplain management activities that exceed the minimum program requirements; and
WHEREAS, the Village of Tequesta has achieved a CRS rating of Class 8 making citizens of the Village
who purchase NFIP flood insurance policies eligible for premium discounts; and
WHEREAS,the Federal Emergency Management Agency has revised and reissued the Flood Insurance
Study for Palm Beach County, Florida and Incorporated Areas,with an effective date of December 20, 2024; and
WHEREAS, the Village Council has determined that it is in the public interest to amend the Village's
current floodplain management code to identify the effective date of the revised Flood Insurance Study and
Flood Insurance Rate Maps; and
WHEREAS, additional text amendments related to certain definitions and correcting occasional
scrivener's errors and non-substantive internal inconsistencies have also been recommended by Florida
Division of Emergency Management (FDEM)which will further secure the Village's current CRS rating; and
WHEREAS, the Village Council has determined that it is in the public interest to amend the Village's
current floodplain management code to adopt these FDEM recommended text amendments to the Village's
floodplain management code.
NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of Tequesta, Florida that:
Section 1: The foregoing recitals and findings of fact are hereby ratified and incorporated as the
legislative intent of this Ordinance.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended
at Article XII. Flood Damage Prevention. by updating the date of the applicable NFIP flood insurance study and
flood insurance rate maps, and by revising certain definitions and correcting occasional scrivener's errors and
non-substantive internal inconsistencies; providing that Chapter 78, Article XII. Flood Damage Prevention. shall
hereafter read as follows:
CHAPTER 78. —ZONING.
ARTICLE XII. — FLOOD DAMAGE PREVENTION.
DIVISION 1. -ADMINISTRATION
Subdivision 1. - General
Sec. 78-771. -Title.
This article and these regulations shall be known as the Flood Damage Prevention Ordinance of the Village
of Tequesta.
Sec. 78-772. - Scope.
The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard
area within the Village of Tequesta, including but not limited to the subdivision of land; filling, grading, and other
site improvements and utility installations; construction, alteration, remodeling, enlargementFprbv4r55nt,
replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the
FlprTWMPOAF�A?Y; pIacement installation or replacement ofmanufactured homes and manufacture
d
buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools;
and any other development.
Sec. 78-773. - Intent.
The purposes of this article 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;
(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 the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 78-774. - Coordination with the Florida Building Code.
This article 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.
Sec. 78-775. -Warning.
The degree of flood protection required by this article and the Florida Building Code, as amended by the Village
of Tequesta, 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 article 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 the flood insurance rate maps and
the requirements of Title 44 C.F.R., Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring the Village of Tequesta to revise these regulations to remain eligible for participation in the
National Flood Insurance Program. No guaranty of vested use, existing use, orfuture use is implied or expressed
by compliance with this article.
Sec. 78-776. - Disclaimer of liability.
This article shall not create liability on the part of the Village of Tequesta or on the part of any officer, official or
employee of the Village of Tequesta for any flood damage that results from reliance on this article or any
administrative decision lawfully made thereunder.
Subdivision 2. - Applicability
Sec. 78-777. - General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement
shall be applicable. Where, in any specific case, requirements of this article conflict with the requirements of
the Florida Building Code, the most restrictive shall govern.
Sec. 78-778. -Areas to which this article applies.
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This article shall appl to all flood hazard areas within the Village of Tequesta, as established in section 78- 779
of#p%qqpe.1teM # .
Sec. 78-779. - Basis for establishing flood hazard areas.
The flood insurance study (FIS) for Palm Beach County, Florida and incorporated areas dated December 20,
2024 nntnhinr- W, F-n�7 and all subsequent amendments and revisions, and the accompanying flood insurance
rate maps, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of
this article 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 office of the village clerk.
Sec. 78-780. - Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to Subdivision 5 of this division, 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 article o.m.-i,naRGe 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.
Sec. 78-781. - Other laws.
The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.
Sec. 78-782. -Abrogation and greater restrictions.
This article supersedes any ordinance in effect for management of development in flood hazard areas in the
Village of Tequesta. However, it is not intended to repeal or abrogate any existing village code including but not
limited to land development regulations, zoning regulations, stormwater management regulations or the Florida
Building Code. In the event of a conflict between this article and any other village code, the more restrictive shall
govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to
such interests shall also be governed by this article.
Sec. 78-783. - 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 Village of Tequesta; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Subdivision 3. - Duties and Powers of the Floodplain Administrator
Sec. 78-784. - Designation.
The building official is designated as the floodplain administrator for the Village of Tequesta. The floodplain
administrator may delegate performance of certain duties to other employees.
Sec. 78-785. - General.
The floodplain administrator is authorized and directed to administer and enforce the provisions of this article.
The floodplain administrator shall have the authority to render interpretations of this article consistent with the
intent and purpose of this article 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 article without the granting of a variance pursuant to Subdivision 7 of this division.
Sec. 78-786. -Applications and permits.
The floodplain administrator, in coordination with other pertinent village officials, shall:
Page 8 of 53
(1) Review applications and plans to determine whether proposed new development will be located in flood
(2) Review applications for modification of any existing development in flood hazard areas for compliance
with the requirements of this article;
(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 floodplain development permits or approvals 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 article 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 building permits for buildings and structures in flood hazard areas comply with the
requirements of this article.
Sec. 78-787. - 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, 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; 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 provisions of the Florida Building Code
and this article is required.
Sec. 78-788. - 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 Subdivision 7 of this division.
Sec. 78-789. - Coordination of notices and orders.
The floodplain administrator shall coordinate the issuance of all necessary notices or orders to ensure
compliance with this article and the flood resistant construction requirements of the Florida Building Code.
Sec. 78-790. - Inspections.
The floodplain administrator shall make the required inspections as specified in Subdivision 6 of this division
for development that is not subject to, or exempt from, the Florida Building Code, including buildin s, stru tures
g
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and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard
ar�� IeNi� ev lopm nt is undertaken without issuance of ape permit.
Sec. 78-791. - Other duties of the floodplain administrator.
The floodplain administrator shall have other duties, including but not limited to:
(1) Establish procedures for administering and documenting determinations of substantial improvement and
substantial damage made pursuant to section 78-787 of this article;
(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 six months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this article and the
Florida Building Code, to determine that such certifications and documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of the village of
Tequesta are modified; and
(6) Advise applicants for new buildings and structures, including substantial improvements that are located
in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act
(Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood
insurance is not available on such construction; areas subject to this limitation are identified on flood
insurance rate maps as "coastal barrier resource system areas" and "otherwise protected areas."
Sec. 78-792. - 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 article 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 article; 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 article and the flood resistant construction requirements of the Florida Building Code. These
records shall be available for public inspection at the office of the community development director.
Subdivision 4. - Permits
Sec. 78-793. - Permits required.
Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development
activity within the scope of this article, 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 this article
and all other applicable codes and regulations has been satisfied.
Sec. 78-794. - Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this article for any development
activities not subject to the requirements of the Florida Building Code, including buildings, struct res and facilities
F'a e 10 of 53
exempt from the Florida Building Code. Depending on the nature and extent of proposed development that
p g p g p p p
includes a building or structure, the floodplain administrator may determine that a floodplain development permit
or"?(R9AJW1ruiFZ in addition to a building permit.
Sec. 78-795. - 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), floodplain development permits or approvals 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 chapter:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. §604.50.
(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 F.S. § 366.02, 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 onsite 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 F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such
structures are located in flood hazard areas established on flood insurance rate maps.
Sec. 78-796. -Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a
form furnished by the village. 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 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 Subdivision 5 of this division.
(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.
Sec. 78-797. -Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this article shall not be construed to
be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance
or code of the village. 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.
Sec. 78-798. - Expiration.
A floodplain development permit or approval 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.
Page 11 of 53
Sec. 78-799. -Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if
the"FR"AlAIRAg-in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of
this article or any other ordinance, regulation or requirement of the village.
Sec. 78-800. -Other permits required.
Floodplain 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 South Florida Water Management District; F.S. § 373.036.
(2) The Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065,
and Chapter 64E-6, F.A.C.
(3) The Florida Department of Environmental Protection for construction, reconstruction, changes, or
physical activities for shore protection or other activities seaward of the coastal construction control line;
F.S. § 161.141.
(4) The Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit;
F.S. § 161.055.
(5) The 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.
(6) Federal permits and approvals.
Subdivision 5. - Site Plans and Construction Documents
Sec. 78-801. - Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of this article 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 78-802(1) or Q{4}of this article.
(3) Where the parcel on which the proposed development will take place will have more than 50 lots or is
larger than five 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 78-802(4) of this article.
(4) Location of the proposed activity and proposed structures, and locations of existing buildings and
structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean
high tide.
(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; compaction
specifications; adescription 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) Delineation of the coastal construction control line or notation that the site is seaward of the coastal
construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is
approved by the Florida Department of Environmental Protection.
(9) 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 article 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 article.
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Sec. 78-802. - 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,
th � � i ?qrat r shall:
(1) 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.
(2) 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 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 feet.
(3) 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.
(4) Require the applicant to include base flood elevation data prepared in accordance with currently accepted
engineering practices.
Sec. 78-803. -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 prepared, signed and sealed by a Florida licensed
engineer for submission with the site plan and construction documents:
(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 78-804 of this article 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 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 78-804 of this article.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (zone
V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential
for flood damage.
Sec. 78-804. - Submission of additional data
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When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted
toA--.)-U-Q-PR6WRA%nIA?6n, the applicant has the right to seek aletter f 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.
Subdivision 6. - Inspections
Sec. 78-805. - General.
Development for which a floodplain development permit or approval is required shall be subject to inspection.
Sec. 78-806. - Development other than buildings and structures.
The floodplain administrator shall inspect all development to determine compliance with the requirements of
this article and the conditions of issued floodplain development permits or approvals.
Sec. 78-807. - Buildings, structures and facilities.
The building official shall inspect buildings and structures subject to the Florida Building Code to determine
compliance with the flood load and flood resistant construction requirements of issued building permits and the
Florida Building Code. The floodplain administrator shall inspect buildings and structures exempt from the
Florida Building Code to determine compliance with the requirements of this article and the conditions of issued
floodplain development permits or approvals.
Sec. 78-808. - 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 or structure 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 78-802(2)b. of this article, the documentation of height of the lowest floor above highest
adjacent grade, prepared by the owner or the owner's authorized agent.
Sec. 78-809. -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
78-808 of this article.
Sec. 78-810. - 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 article 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.
Subdivision 7. -Variances and Appeals
Sec. 78-811. - General.
Pursuant to F.S. § 553.73(5), the building board of adjustment shall hear and decide on requests for appeals
and requests for variances from the strict application of the requirements of this article and the flood resistant
construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the
Florida Building Code, Building.
Sec. 78-812. -Appeals.
Page 14 of 53
The building board of adjustment shall hear and decide appeals when it is alleged there is an error in any
re r iC�> ' s ' or determination made by the floodplain inadministrator in the administration and
enforcement of this article.Any person aggrieved by the decision of the building board of adjustment may appeal
such decision to the circuit court, as provided by Florida Statutes.
Sec. 78-813. - Limitations on authority to grant variances.
The building board of adjustment shall base its decisions on variances on technical justifications submitted by
applicants, the considerations for issuance in section 78-817 of this article, the conditions of issuance set forth
in section 78-818 of this article, and the comments and recommendations of the floodplain administrator. The
building board of adjustment has the right to attach such conditions as it deems necessary to further the
purposes and objectives of this article. Such conditions shall be related to the variance and shall be roughly
proportional to the anticipated impacts of the variance.
Sec. 78-814. - Restrictions in floodways.
A variance 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 certifications required in section 78-803 of
this article.
Sec. 78-815. - Historic buildings.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is
determined eligible for the exception to the flood resistant construction requirements of the Florida Building
Code, Existing Building, Chapter 12 44 Historic Buildings, upon a determination that the proposed repair,
improvement, or rehabilitation will not preclude the building's continued designation as a historic building and
the variance is the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building's continued designation as a historic building, a variance shall not be
granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements
of the Florida Building Code.
Sec. 78-816. - Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct
of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of
section 78-814 of this article, is the minimum necessary 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.
Sec. 78-817. - Considerations for issuance of variances.
In reviewing requests for variances, the building board of adjustment shall consider all technical evaluations, all
relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following:
(1) The danger that materials and debris maybe swept onto other lands resulting in further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and the effect of
such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the village;
(5) The availability of alternate locations for the proposed development that are subject to lower risk of
flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain management
program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(9) The expected heights,velocity, duration, rate of rise and debris and sediment transport o the fl d ers
�50 0��
and the effects of wave action if applicable, age expected at the site; and
(10) The costs of roviding governmental services during and after flood conditions including maintenance
AgegAarlVi I Ublic utilities and facilities such as sewer, as electrical and waters stems streets and
g systems,
bridges.
Sec. 78-818. - Conditions for issuance of variances.
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 article or
the required elevation standards;
(2) Determination by the building board of adjustment 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 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 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 $25.00 for$100.00 of insurance coverage), and stating that construction below the base flood
elevation increases risks to life and property.
Subdivision 8. -Violations
Sec. 78-819. -Violations.
Any development that is not within the scope of the Florida Building Code but that is regulated by this article
that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply
with this article, shall be deemed a violation of this article. 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 article or the Florida Building Code is presumed to be a violation until such time as that documentation is
provided.
Sec. 78-820. -Authority.
For development that is not within the scope of the Florida Building Code but that is regulated by this article 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.
Sec. 78-821. - 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 code enforcement and penalties as set forth in F.S. Ch. , and Chapter 2 of the
village's Code.
Secs. 78-822 78-829. - Reserved.
Page 16 of 53
DIVISION 2. - DEFINITIONS
Subdivision 1. - General
A6t.It
Sec. 8- - defined in the Florida Building Code.
Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have
the meanings ascribed to them in that code.
Sec. 78-831. -Terms not defined.
Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted
meanings such as the context implies.
Subdivision 2. - Definitions
Sec. 78-832. - Definitions.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have
the meanings shown in this section.
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 article.
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.Aflood having a one percent chance of being equaled or exceeded in any given year. [Also defined
in FBC, B, Section 1612.2.] 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 datum specified on the flood insurance
rate map (FIRM). [Also defined in FBC, B, Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined
in FBC, B, Section 1612.2.]
Building official. The officer or other designated authority, or a duly authorized representative, charged with
the administration and enforcement of the Florida Building Code, within the Village of Tequesta. [Also defined
in FBC, B, Section 1612.2.]
Building permit.An official document or certificate issued by the building official which authorizes performance
of specific activities that are determined to be compliant with the Florida Building Code.
Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053,
and recorded in the official records of the village, which defines that portion of the beach-dune system subject
to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area 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. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave
action" or"V zones" and are designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(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 village's legally designated flood hazard map. In areas designated as zone AO, esign
Page �he7 oy 53
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 numb e r
is AVFI%Oj�ep the depth number shall be taken as being equal to two feet. [Also defined in FBC,B, Section 1612.2.]
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 June 11, 1971. [Also defined in FBC, B, Section 1612.2.]
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 1612.2.]
(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 than cosmetic repair. [Also defined
in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]
(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 village's flood hazard map, or otherwise legally
designated.
Flood insurance rate map (FIRM). The official map of the village on which the Federal Emergency
Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to
the village. [Also defined in FBC, B, Section 1612.2.]
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 1612.2.]
Floodplain administrator. The office or position designated and charged with the administration and
enforcement of this article (may be referred to as the floodplain manager).
Floodplain development permit or approval. An official document or certificate issued by the floodplain
administrator, or other evidence of approval or concurrence, which authorizes performance of specific
development activities that are located in flood hazard areas and that are determined to be compliant with this
article.
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 foot. [Also defined in FBC, B, Section 1612.2.]
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
Wage 18 of 53
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried
ou �lgs i water, including only docking facilities port facilities that are necessary for the loading
p � g Y g � p ry g
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 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:
Ll) 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
featu res.
L3) 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 village's floodplain management regulations.
J4) 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 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 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width
and greater than 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.]
Market value. The J J Jj
J
,
,Zod ;n +h�r ;r n +orIIIm rofom +ho m%.AI value of buildings and structures, excluding the land and other
improvements on the parcel. Market value is the , actual
Page19of53
cash value (in-kind re lacement cost de reciated for a e wear and tear ne lect and ualit of onstruction
p p g � � neglect, quality )
determined bv a qualified independent appraiser, or tax assessment value adjusted to approximate market value
by a$RPoY5r1NfnWcf?Ythe county property appraiser.
New construction. For the purposes of administration of this article and the flood resistant construction
requirements of the Florida Building Code, structures for which the "start of construction" commenced on or
after June 11, 1971, and includes any subsequent improvements to such structures.
Nonresidential. Any building or structure or portion thereof that is not classified residential in accordance with
the Florida Building Code, Building (Residential Group R or Institutional Group 1) and ASCE 24. [Also see
definition in ASCE 24.]
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
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 FI RMs as zone A, AO, Al-A30, AE, A99, AH, V1430, VE
or V. [Also defined in FBC, B Section 1612.2.]
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, 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 1612.2.]
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. [Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a
building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or
structure before the improvement or repair is started. 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 defined in FBC, B, Section 1612.2.]
(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.
Variance. A grant of relief from the requirements of this article, or the flood resistant construction requirements
of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by
this article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water
flows at least periodically.
DIVISION 3. - FLOOD RESISTANT DEVELOPMENT
Subdivision 1. - Buildings and Structures
Sec. 78-833. - Design and construction of buildings, structures and facilities exempt from the Florida
Building Code.
Page 20 of 53
Pursuant to section 78-795 of this article, buildings, structures, and facilities that are exempt from the Florida
Bu t1 Iu#d�gsubstantial improvement or repair ofsubstantialdama e of such buildings, structures es
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 subdivision 6 of this division.
Sec. 78-834. - Buildings and structures seaward of the coastal construction control line.
If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or
in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable
requirements of the Florida Building Code, Building Sec. 3109 and Section 1612 or Florida Building Code,
Residential Sec. R322.
(2) Minor structures and non-habitable major structures as defined in F.S. § 161.54, shall be designed and
constructed to comply with the intent and applicable provisions of this article and ASCE 24.
Subdivision 2. - Subdivisions
Sec. 78-835. - Minimum requirements.
Subdivision proposals 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;
(3) Adequate drainage is provided to reduce exposure to flood hazards and to prevent adverse impacts to
adjacent properties from storm water runoff. In Zones AH and AO, adequate drainage paths shall be
provided to guide floodwaters around and away from proposed structures. All structures exceeding one
story in height shall be required to incorporate gutters and downspouts to collect and direct runoff to
ground level, or below ground level if discharge to a below grade structure, canal or lake is possible; and
(4) The requirements of the "Village of Tequesta Stormwater Management Practices Manual", which has
been adopted by resolution and may be amended from time to time by the village council, have been met.
Sec. 78-836. - Subdivision plats.
Where any portion of a proposed subdivision 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 50 lots or is larger than five acres and base flood elevations are
not included on the FIRM, the base flood elevations determined in accordance with section 78-802(1)or
(2)(a) of this article; and
(3) Compliance with the site improvement and utilities requirements of subdivision 3, §§78-837 78-842.
Subdivision 3. - Site Improvements, Utilities and Limitations
Sec. 78-837. - 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 and to prevent adverse impacts to
adjacent properties from storm water runoff. In zones AH and AO, adequate drainage paths shall be
provided to guide floodwaters around and away from proposed structures. All structurexceedin onNege
e
21of53
Ag story in height shall be required to incorporate gutters and downspouts to collect and direct runoff to
I#
below ground level if discharge to a below grade structure, canal r lake is possible..
(4) Construction documents submitted with an application for new construction of, or substantial
improvements to a single family dwelling shall be accompanied by a lot grading plan demonstrating that
storm water runoff will not adversely impact adjacent properties. Such plans shall be drawn to scale on
11" x 17"or larger paper; shall show the location and elevation of the existing ground and all on and off-
site structures within 15 feet of the lot being improved; shall include flow arrows depicting surface flow
direction; and shall show locations of roof drains and how flow will be directed or diffused at or below
ground level.
Sec. 78-838. - Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping
stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the
standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter
7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into
floodwaters, and impairment of the facilities and systems.
Sec. 78-839. -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.
Sec. 78-840. - 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 78-803(1) of this article demonstrates that the proposed development or land disturbing activity will
not result in any increase in the base flood elevation.
Sec. 78-841. - Limitations on placement of fill.
Subject to the limitations of this article, 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.
Sec. 78-842. - Limitations on sites in coastal high hazard areas (zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only of the engineering
analysis required by section 18-803(4) of this article demonstrates that the proposed alteration will not increase
the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and
structures shall comply with section 78-861 of this article.
Subdivision 4. - Manufactured Homes
Sec. 78-843. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant
to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of
this article. If located seaward of the coastal construction control line, all manufactured homes shall comply with
the more restrictive of the applicable requirements.
Sec. 78-844. - Foundations.
All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be
installed on permanent, reinforced foundations that:
(1) In flood hazard areas (zone A) other than coastal high hazard areas, are designed i acco an the
Fg
a e r2 oF93
q g
foundation requirements of the Florida Building Code Residential Section R322.2 and this article.
(2) In coastal hi h hazard areas (zone V), are designed in accordance with the foundation requirements of
Aggped� �� g
din Code Residential Section R322.3 and this article.
Sec. 78-845. -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.
Sec. 78-846. - Elevation.
Manufactured homes that are placed, replaced, or substantially improved 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) or Section R322.3 (zone V).
Sec. 78-847. - Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building
Code, Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood hazard area.
Sec. 78-848. - 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, as applicable to the flood hazard area.
Subdivision 5. - Tanks
Sec. 78-849. - 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.
Sec. 78-850. -Above-ground tanks, not elevated.
Above-ground tanks that do not meet the elevation requirements of section 78-851 of this article shall:
(1) Be permitted in flood hazard areas (zone A) other than coastal high 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.
(2) Not be permitted in coastal high hazard areas (zone V).
Sec. 78-851. -Above-ground tanks, elevated.
Above-ground tanks in flood hazard areas shall be attached to, and elevated to or above the design flood
elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during
conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the
applicable flood hazard area.
Sec. 78-852. -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.
Subdivision 6. - Other Development
Sec. 78-853. - General requirements for other development.
All development, including man-made changes to improved or unimproved real estate for whi h specific
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rovisions are not s ecified in this article err. r,aRGe or the Florida Buildin Code shall:
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(1) Be located and constructed to minimize flood damage and to prevent adverse impacts to adjacent
Ag 0r��r ' storm water runoff. All structures axceeding one story in height shall be required to
incorporate gutters and downspouts to collect and direct runoff to ground level, or below ground level if
discharge to a below grade structure, canal or lake is possible;
(2) Meet the limitations of section 78-840 of this article 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.
(6) Construction documents submitted with an application for new construction of, or substantial
improvements to a single family dwelling shall be accompanied by a lot grading plan demonstrating that
stormwater runoff will not adversely impact adjacent properties. Such plans shall be drawn to scale on
11"x 17" or larger paper; shall show the location and elevation of the existing ground and all on and off-
site structures within 15 feet of the lot being improved; shall include flow arrows depicting surface flow
direction; and shall show locations of roof drains and how flow will be directed or diffused at or below
ground level.
Sec. 78-854. - 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 78-840 of this article.
Sec. 78-855. - 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 78-840 of this article.
Sec. 78-856. - 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 78-840 of this article. Alteration of a watercourse that is part of a
road or watercourse crossing shall meet the requirements of section 78-803(3) of this article.
Sec. 78-857. -Concrete slabs used as parking pads, enclosure floors, landings, decks,walkways, patios
and similar nonstructural uses in coastal high hazard areas (Zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,walkways,
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the
concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing
significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four inches.
Sec. 78-858. - Decks and patios in coastal high hazard areas (Zone V).
In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal
structural member at or above the design flood elevation and any supporting members that extend below
the design flood elevation shall comply with the foundation requirements that apply t the bit in or
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structure which shall be designed to accommodate an increased loads resulting from the attached deck.
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(2) A deck or patio that is located below the design flood elevation shall be structurally independent from
AgPbq0m14Fr&VOctures and their foundation systems, and shall be designed and constructed either to
remain intact and in place during design flood conditions or to break apart into small pieces to minimize
debris during flooding that is capable of causing structural damage to the building or structure or to
adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more
than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis
prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters
or wave runup and wave reflection that would increase damage to the building or structure or to adjacent
buildings and structures.
(4) A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on
nonstructural fill material that is similar to and compatible with local soils and is the minimum amount
necessary for site drainage may be approved without requiring analysis of the impact on diversion of
floodwaters or wave runup and wave reflection.
Sec. 78-859. -Other development in coastal high hazard areas (Zone V).
In coastal high hazard areas, development activities other than buildings and structures shall be permitted only
if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not
structurally attached to, buildings and structures; and if analyses prepared by qualified registered design
professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would
increase damage to adjacent buildings and structures. Such other development activities include but are not
limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed
to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of
floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C.,as filled systems or mound
systems.
Sec. 78-860. - Nonstructural fill in coastal high hazard areas (Zone V).
In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping
and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall
be permitted only if an analysis prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable local approval,
sand dune construction and restoration of sand dunes under or around elevated buildings are permitted
without additional engineering analysis or certification of the diversion of floodwater or wave runup or
wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology
and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
Secs. 78-861-78-869. - Reserved.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force
and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed.
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Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph,
serr�y�hb#:�eclared by a court of competent jurisdiction to be invalid, such decision shall not affect
thewirCty of t`femainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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