HomeMy WebLinkAboutOrdinance_09-24_12/12/2024 ORDINANCE NO. 09-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, 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, ASEVERABILITY 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, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities that
are exempt from the Florida Building Code; placement, installation, or replacement of
manufactured homes and manufactured buildings; installation or replacement of tanks;
placement of recreational vehicles; installation of swimming pools; and any other
development.
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, or future 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.
This article shall apply to all flood hazard areas within the Village of Tequesta, as
established in section 78- 779 of this article.
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 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
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:
Review applications and plans to determine whether proposed new development will
be located in flood hazard areas;
(1) Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this article;
(2) 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;
(3) Provide available flood elevation and flood hazard information;
(4) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(5) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(6) 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
(7) 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 buildings, structures and facilities exempt from the
Florida Building Code. The floodplain administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
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, structures and facilities exempt from the Florida Building
Code. Depending on the nature and extent of proposed development that includes a
building or structure, the floodplain administrator may determine that a floodplain
development permit or approval is required 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.
Sec. 78-799. - Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued 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 (2) 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; a description of the intended purpose of
the fill areas; and evidence that the proposed fill areas are the minimum
necessary to achieve the intended purpose.
(7) 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.
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, the floodplain administrator 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
When additional hydrologic, hydraulic or other engineering data, studies, and
additional analyses are submitted to support an application, the applicant has the right
to seek a letter of map change from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.
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 exemptfrom 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.
The building board of adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain
administrator 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
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 may be 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 of the floodwaters and the effects of wave action, if applicable,
expected at the site; and 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, streets and
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. 162, Pt. I, and Chapter 2 of the
village's Code.
Secs. 78-822-78-829. - Reserved.
DIVISION 2. - DEFINITIONS
Subdivision 1. - General
Sec. 78-830. - Terms 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 orthe 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.A flood having a one percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 1612.2.1 The base flood is commonly
referred to as the "l00-year flood" or the "l-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 W
zones" and are designated on flood insurance rate maps (FIRM) as zone V1430, 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, the design flood elevation shall be the elevation of the
highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth
number is not specified on the map, the depth number shall be taken as being equal
to 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 aflood 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.
Functionally dependent use. A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities; the term does not include
long-term storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
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:
M 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.
Letterof map revision (LOMR). A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries
and floodway delineations, and other planimetric features.
Letter of map revision based on fill(LOMR-F). A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is,
therefore, no longer located within the special flood hazard area. In order to
qualify for this determination, the fill must have been permitted and placed in
accordance with the village's floodplain management regulations.
Conditional letter of map revision (CLOMR). A formal review and comment as
to whether a proposed flood protection project or other project complies with
the minimum NFIP requirements for such projects with respect to delineation of
special flood hazard areas. A CLOMR does not revise the effective flood
insurance rate map or flood insurance study; upon submission and approval of
certified as-built documentation, a letter of map revision may be issued by
FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds gross vehicular weight rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or
less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation
of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more
than 12 persons; or
(3) Available with special features enabling off-street or off-highway operation and
use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other
than a basement usable solely for vehicle parking, building access or limited storage
provided that such 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 value of buildings and structures, excluding the land and other
improvements on the parcel. Market value is actual cash value (in-kind replacement
cost depreciated for age, wear and tear, neglect, and quality of construction)
determined by a qualified independent appraiser, or tax assessment value adjusted to
approximate market value by a factor provided by the 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 FIRMs
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.
Pursuant to section 78-795 of this article, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction
requirements of ASCE 24. Structures exempt from the Florida Building Code that are
not walled and roofed buildings shall comply with the requirements of 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 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.
(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 78-
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 in accordance the foundation requirements of the Florida Building
Code, Residential Section R322.2 and this article.
(2) In coastal high hazard areas (zone V), are designed in accordance with the
foundation requirements of the Florida Building 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 which specific provisions are not specified in this article or the Florida Building
Code, shall: Be located and constructed to minimize flood damage and to prevent
adverse impacts to adjacent properties from storm water runoff. 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;
(1) Meet the limitations of section 78-840 of this article if located in a regulated
floodway;
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(3) Be constructed of flood damage-resistant materials; and
(4) 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.
(5) 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
11N17" 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 to the
building or structure,which shall be designed to accommodate any increased
loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures 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 arepermitted 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.
Section 5: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
FDEOffice of FloodplainManagement
GUIDANCE FOR MARKET VALUE: Adjustment Factors Applied to Tax Assessment Values
Office of Floodplain Management
Florida Division of Emergency Management
Helpline: 850-815-4556 and floods@em.mvflorido.com
January 2024
OBJECTIVE:This guidance explains acceptable adjustment factors that are applied IMPORTANT NOTEI
to tax assessment value to yield a "market value"for the purposes of making
Substantial Improvement and Substantial Damage determinations.These Communities that have a fixed factor
determinations are required by the Florida Building Code, Existing Building,when stated in the definition of"market
improvements are proposed (or repairs are required)for buildings in mapped value" MUST AMEND that definition.
Special Flood Hazard Areas. Local floodplain management regulations outline the All communities that amend their
process for making the determinations. local floodplain regulations or the
FBC must submit draft ordinances to
Definitions for"Substantial Improvement" and "Substantial Damage" appear in the OFM at least 30 days before
local floodplain management regulations and the Florida Building Code (Building presenting proposals to planning
and Existing Building volumes). Both definitions require the local official to boards or elected officials.
compare the costs of improvements or the costs to repair the damage,to the
market value of the building before the improvements are made or before the Please put the community name in the
damage was incurred. subject line and send to
floods@em.myflorida.com.
ISSUE:ADJUSTMENT FACTORS. In the aftermath of Hurricane Ian and Hurricane
Nicole in 2022,the FDEM Office of Floodplain Management(OFM) responded to Or send a request for the
many questions about market value. In particular,questions were about the with you to prepare a draft.. to work
adjustment factor that can be applied to the tax assessment value (building only)
that is developed and published by county assessment offices.
The following is the definition of"market value."This definition is modified from the definition shown in the original Florida
model ordinance developed in 2012 and used by nearly all Florida communities as the basis for their local ordinances.The
definition is modified to focus on actual cash value and adjusted tax assessment value rather than the"traditional" appraisal
approach based on sales of comparable properties. As of mid-2023, more than 180 communities have adopted this definition,
and many more are developing amendments to modify their existing definitions to match this definition. For more guidance on
this definition,see Florida Guidance for Amending the Definition of Market Value (link at the bottom of this guidance).
Market value.The value of buildings and structures, excluding the land and other improvements on the
parcel. Market value is the actual cash value (in-kind replacement cost depreciated for age,wear and
tear, neglect, and quality of construction)determined by a qualified independent appraiser, or tax
assessment value adjusted to approximate market value by a factor provided by the county property
appraiser.
CONCLUSION.A small number of Florida communities codified a fixed adjustment factor, usually expressed as a percentage. In
consultation with FEMA, FDEM OFM determined that communities must not codify a fixed factor. As stated in the definition
for market value (even those definitions not yet modified as shown above),communities may use a factor provided by the
property appraiser,which refers to the county official authorized to develop tax assessments.
Guidance: Market Value and Adjustment Factors (January 2024) 1
Therefore,OFM concludes that local officials who are responsible for making substantial improvement and substantial damage
determinations may adjust the published tax assessment value of buildings to approximate market value ONLY when the
adjustment factor:
• Is provided, in writing, by the County Property Appraiser,
• Is a single factor,and
• Is provided for a single use for specified individual buildings or, if intended for use for multiple buildings,the County
Property Appraiser specifies the time period during which the factor is valid (e.g.,three months).
BACKGROUND.County property appraisers are charged with deriving a "just valuation" of real property,taking into
consideration various factors articulated in Florida Statute,Chapter 193.The FDEM Office of Floodplain Management concludes
the following:
1. Codifying a fixed adjustment factor in the locally adopted definition of"market value" is not consistent with published
FEMA guidance [see Note 1].
2. Codifying a fixed adjustment factor in the locally adopted definition of"market value" is not consistent with the market
value definition approved by FEMA Headquarters and FEMA Region IV in 2013 [see Note 2].
3. Codifying a fixed adjustment factor in the locally adopted definition of"market value" does not account for statutory
adjustments of certain properties,such as homestead properties.
4. County assessments are effective as of January 1 of each year. Especially late in a year,this means the reported
assessment values do not capture increases or decreases since the beginning of the year.
5. The County Property Appraiser is the appropriate government official to determine adjustment factors,which should
be determined within the bounds of the property appraiser's authority and professional experience.
Note 1.See FEMA P-758(2010), Substantial Improvement/Substantial Damage Desk Reference,Sec.4.5.2, "The assessor's
office should provide the adjustment factor... limitation [on use of assessed value] ... how often are the appraisals
done and when was the date of the last appraisal?Market value estimates can be grossly outdated if the cycle is long
and the property happens to be in the later stage of its cycle and has not been appraised for many years. ... [variations]
in assessment levels(an established statutory ratio between the assessor's estimate of value and the true fair market
value) ...The assessor's office should provide the adjustment factor... copy of the adjustment factor justification
should be retained with the community's permanent records." (emphases added)
Note 2.See Florida Model Ordinance, definition "Market Value... or tax assessment value adjusted to approximate market
value by a factor provided by the property appraiser" (emphasis added)
www.fIoridadisaster.org/dem/mitigation/floodplain/community-resources/(Guidance, Ordinance Amendments, FBC
Amendments, and Sample Forms).
Guidance: Market Value and Adjustment Factors (January 2024) 2
x
ORDINANCE DATE
9-24 12/12/24
MOTION Council Member Patrick Painter SECOND Vice-Mayor Rick Sartory
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young 0✓
Vice-Mayor Rick Sartory 0
Council Member Laurie Brandon 0
Council Member Patrick Painter 0
Council Member Jayson E. French 0
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
ATTEST:
Lori McWilliams, MMC - UR�flRATD:'
Village Clerk
E,r,,CF F� �,