HomeMy WebLinkAboutOrdinance_02-08_02/14/2008ORDINANCE N0.2-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, REPEALING
ARTICLE I11. COASTAL PROTECTION. OF CHAPTER 50.
NATURAL RESOURCE PROTECTION.; AMENDING
CHAPTER 78. ZONING. BY REPEALING EXISTING
ARTICLE XII. FLOOD HAZARD AREAS. IN ITS ENTIRETY
AND READOPTING A NEW ARTICLE XII WITH A NEW
TITLE "FLOOD DAMAGE PREVENTION" IN ORDER TO
COMPLY WITH FEMA'S REQUIREMENTS FOR THE
NATIONAL FLOOD INSURANCE PROGRAM; FURTHER
REPEALING SECTION 78-293. FLOOR ELEVATION
ABOVE SEA LEVEL. AND PROVIDING FOR ITS
INCLUSION IN THE NEW ARTICLE XII.; 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 authorized and
delegated in Chapter 166, Florida Statutes, the responsibility to local government
units to adopt regulations designed to promote the public health, safety, and
general welfare of its residents;
WHEREAS, the flood hazard areas of the Village of Tequesta are subject
to periodic inundation, which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety and general welfare;
WHEREAS, these flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities, and
by the occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, flood-proofed, or
otherwise unprotected from flood damages;
WHEREAS, the Village Council of the Village of Tequesta desires to
promote the public health, safety and general welfare and to minimize public and
private losses due #o flood conditions in specific areas; and,
WHEREAS, the Village Council of the Village of Tequesta desires to
conform to the requirements of the Federal Emergency Management Agency
(FEMA) for the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Article III. Coastal Protection. of Chapter 50. Natural
Resource Protection. is hereby repealed and reserved for future legislation; the
contents therein are hereby replaced by the new Article XII of Chapter 78. as
provided below.
Section 2: Section 78-293. Floor Elevation Above Sea Level. of
Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally.
is hereby repealed and readopted as revised in the new Article XII. as provided
below.
Section 3: The entire Article XII. Flood Hazard Areas. of Chapter 78. of
the Code of Ordinances of the Village of Tequesta is hereby repealed and
readopted as revised, providing that the new Article XII. of Chapter 78. shall
hereafter be titled "Flood Damage Prevention" and shall hereafter read as
follows:
ARTICLE XII. FLOOD DAMAGE PREVENTION.
Sec. 78-771. Purpose.
It is the purpose of this article to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion hazards, which result in damaging
increases in erosion or in flood heights and velocities;
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(b) Require that uses vulnerable to floods including facilities which
serve such uses be protected against flood damage throughout their
intended life span;
(c) Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of flood waters;
(d) Control filling, grading, dredging and other development which may
increase erosion or flood damage; and
(e) Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
Sec. 78-772.Objectives.
The objectives of this article are to:
(a) Protect human life, health and to eliminate or minimize property
damage;
(b) Minimize expenditure of public money for costly flood control
projects;
(c) Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, roadways, and
bridges and culverts located in floodplains;
(f) Maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize
flood blight areas; and
(g) Ensure that potential homebuyers are notified that property is in a
flood hazard area.
Sec. 78-773. Definitions.
Unless specifically defined below, words or phrases used in this article
shall be interpreted so as to give them the meaning they have in common usage
and to give this article its most reasonable application.
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Accessory structure (Appurtenant structure) means a structure that is
located on the same parcel of property as the principal structure and the
use of which is incidental to the use of the principal structure. Accessory
structures should constitute a minimal investment, may not be used for
human habitation, and be designed to have minimal flood damage
potential. Examples of accessory structures are detached garages and
carports.
Appeal means a request for a review of the Floodplain Administrator's
interpretation of any provision of this article or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the
Village's Flood Insurance Rate Map (FIRM) with base flood depths from
one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Area of special flood hazard is the land in the floodplain within the
Village subject to aone-percent or greater chance of flooding in any given
year. This term is synonymous with the phrase "special flood hazard
area."
Base flood means the flood having a one percent chance of being
equaled or exceeded in any given year (also called the "100-year flood"
and the "regulatory flood"). Base flood is the term used throughout this
article.
Base Flood Elevation means the water-surface elevation associated with
the base flood.
Basement means that portion of a building having its floor sub-grade
(below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation system.
Building -see Structure.
Coastal high hazard area means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune along
an open coast and any other area subject to high velocity wave action
from storms or seismic sources. The area is designated on the FIRM as
Zone V1-V30, VE, or V.
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Datum A reference surface used to ensure that all elevation records are
properly related. Many communities have their own datum that was
developed before there was a national standard. The current national
datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is
expressed in relation to mean sea level, or the North American Vertical
Datum (NAND) of 1988.
Development means any man-made change to improved or unimproved
real estate, including, but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavating, drilling operations, or
storage of materials or equipment.
Elevated building means anon-basement building built to have the
lowest floor elevated above the ground level by foundation walls, posts,
piers, columns, pilings, or shear walls.
Encroachment means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Construction means, for the purposes of floodplain
management, structures for which "the start of construction" commenced
before the data of the initial Flood Insurance Rate Map (FIRM). Existing
construction, means for the purposes of determining rates structures for
which the "start of construction" commenced before the effective date of
the first FIRM or before January 1, 1975, for FIRMs effective before that
date. This term may also be referred to as "existing structures".
Existing manufactured home park or subdivision. Manufactured home
parks or subdivisions are prohibited within the Village of Tequesta except
as may be permitted as temporary facilities.
Flood or flooding means:
(a) A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of suraace
waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by
flooding as defined in paragraph (a) (2) of this definition and
are akin to a river of liquid and flowing mud on the surface
of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current.
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(b) The collapse or subsidence of land along a shore of a lake or other
body of water as the result of erosion or undermining caused by
waves or currents of water exceeding anticipa#ed cyclical levels or
suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm or by an unanticipated force of
nature, such as a flash flood or an abnormal tidal surge or by some
similarly unusual and unforeseeable event which results in flooding as
defined in paragraph (a) (1) of this definition.
Flood Boundary and Floodway Map (FBFM) means the official map of
the Village on which the Federal Emergency Management Agency
(FEMA) has delineated the areas of special flood hazard and regulatory
floodways.
Flood Hazard Boundary Map (FHBM) means an official map of the
Village, issued by FEMA, where the boundaries of the areas of special
flood hazard have been identified as only Approximate Zone A.
Flood Insurance Rate Map (FIRM) means an official map of the Village,
issued by FEMA, which delineated both the areas of special flood hazard
and the risk premium zones applicable to the Village.
Flood Insurance Study (FIS) is the official hydraulic & hydrologic report
provided by FEMA. The study contains an examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water
surface elevations, or an examination, evaluation, and determination of
mudslide (i.e., mudflow) and other flood-related erosion hazards. The
study may also contain flood profiles, as well as the FIRM, FHBM (where
applicable), and other related data and information.
Floodplain means any land area susceptible to being inundated by water
from any source (see definition of "flooding").
Floodplain management means the operation of an overall program of
corrective and preventive measures for reducing flood damage and
preserving and enhancing, where possible, natural resources in the
floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space
plans.
Floodplain Administrator is the individual appointed to administer and
enforce the floodplain management regulations of the Village.
Floodplain management regulations means this article and other zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as floodplain ordinance, grading
ordinance, and erosion control ordinance), and other applications of police
power which control development in flood-prone areas. This term
6 Ord. No. 2-08
describes Federal, State of Florida, or local regulations in any combination
thereof, which provide standards for preventing and reducing flood loss
and damage.
Floodproofing means any combination of structural and non-structural
additions, changes, or adjustments to structures, which reduce or
eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
Floodway means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more
than a designated height.
Floodway fringe means that area of the floodplain on either side of the
regulatory floodway where encroachment may be permitted without
additional hydraulic and/or hydrologic analysis.
Freeboard means the additional height, usually expressed as a factor of
safety in feet, above a flood level for purposes of floodplain management.
Freeboard tends to compensate for many unknown factors, such as wave
action, bridge openings and hydrological effect of urbanization of the
watershed, that could contribute to flood heights greater than the height
calculated for a selected frequency flood and floodway conditions.
Free of Obstruction means any type of lower area enclosure or other
construction element that will obstruct the flow of velocity water and wave
action beneath the lowest horizontal structural member of the lowest floor
of an elevated building during a base flood event is not allowed. This
requirement applies to the structures in velocity zones (V-Zones).
Functionally dependent use means a use that cannot be used for its
intended purpose unless it is located or carried out in close proximity to
water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding or ship repair. The term
does not include long-term storage, manufacture, sales, or service
facilities.
Hardship as related to variances from this article means the exceptional
hardship associated with the land that would result from a failure to grant
the requested variance. The Village requires that the variance is
exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience,
aesthetic considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule, qualify as an
exceptional hardship. AH of these problems can be resolved through other
means without granting a variance, even if the alternative is more
7 Ord. No. 2-08
expensive, or requires the property owner to build elsewhere or put the
parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the
ground surface, prior to the start of construction, next to the proposed
walls of a structure.
Historic Structure means any structure that is:
(a) Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the
National Register;
(b) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
(c) Individually listed on the Florida inventory of historic places,
which has been approved by the Secretary of the Interior;
or
(d) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have
been certified either:
(1) By the approved Florida program as determined by
the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior.
Lowest adjacent grade means the lowest elevation, after the completion
of construction, of the ground, sidewalk, patio, deck support, or basement
entryway immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, used
solely for parking of vehicles, building access, or storage, in an area other
than a basement, is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation of the
nonelevation design standards of this article.
Mangrove Stand means an assemblage of mangrove trees which are
mostly low trees noted for a copious development of interlacing
adventitious roots above ground and which contain one or more of the
following species: Black mangrove (Avicennia Nitida); red mangrove
8 Ord. No. 2-08
(Rhizophora mangle); white mangrove (Lariguncularia Racemosa); and
buttonwood (Conocarpus Erecta).
Manufactured home means a building, transportable in one or more
sections, which is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities. The term also includes park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or
longer and intended to be improved property. Manufactured housing is
prohibited within the Village of Tequesta except when permitted as
temporary facilities.
Manufactured home park or subdivision means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent
or sale.
Market value means the building value, which is the property value
excluding the land value and that of the detached accessory structures
and other improvements on site (as agreed to between a willing buyer and
seller) as established by what the local real estate market will bear. Market
value can be established by an independent certified appraisal (other than
a limited or curbside appraisal, or one based on income approach), Actual
Cash Value (replacement cost depreciated for age and quality of
construction of building), or adjusted tax-assessed values.
Mean Sea Level means the average height of the sea for all stages of the
tide. It is used as a reference for establishing various elevations within the
floodplain. For purposes of this article, the term is synonymous with
National Geodetic Vertical Datum (NGVD) of 1929, or North American
Vertical Datum (NAND) of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical
control used as a reference for establishing varying elevations within the
floodplain.
New Construction means, for floodplain management purposes, any
structure for which the "start of construction" commenced on or after the
effective date of the initial floodplain management code, ordinance, or
standard based upon specific technical base flood elevation data that
establishes the area of special flood hazard (include only one date). The
term also includes any subsequent improvements to such structures. For
flood insurance rates, structures for which the start of construction
commenced on or after the effective date of the date of an initial FIRM or
after December 31, 1974, whichever is later (include only one date), and
includes any subsequent improvements to such structures.
9 Ord. No. 2-08
New manufactured home park or subdivision. Manufactured home
parks or subdivisions are prohibited within the Village of Tequesta except
as may be permitted as temporary facilities.
North American Vertical Datum (NAND) of 1988 means a vertical control
used as a reference for establishing varying elevations within the
floodplain.
Program deficiency means a defect in the Village's floodplain
management regulations or administrative procedures that impairs
effective implementation of those floodplain management regulations or of
the standards required by the National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety
or health of the entire Village or a neighborhood, or any considerable
number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
Recreational vehicle means a vehicle that is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest
horizontal projection;
(c) Designed to be self-propelled or permanently towable by a
light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping,
travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
Remedy a deficiency or violation means to bring the regulation,
procedure, structure or other development into compliance with State of
Florida, Federal or local floodplain management regulations; or if this is
not possible, to reduce the impacts of its noncompliance. Ways the
impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement
provisions of this article or otherwise deterring future similar violations, or
reducing Federal financial exposure with regard to the structure or other
development.
10 Ord. No. 2-08
Riverine means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Sand dune means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
Shallow flooding means the same as area of shallow flooding.
Special flood hazard area means the same as area of special flood
hazard.
Start of construction For other than new construction or substantial
improvements under the Coastal Barrier Resources Act P. L. 97-348,
includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date.
The actual start means the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work
beyond the stage of excavation or placement of a manufactured home on
a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main
building. For substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions
of the building.
Storm cellar means a place below grade used to accommodate
occupants of the structure and emergency supplies as a means of
temporary shelter against severe tornadoes or similar windstorm activity.
Structure means for floodplain management purposes a walled and
roofed building, including gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cumulative cost of which
equals or exceeds 50 percent of the market value of the structure before
the "start of construction" of the improvement. This term includes
11 Ord. No. 2-08
structures that have incurred "substantial damage" regardless of the
actual repair work performed. This term does not, however, include any
repair or improvement of a structure to correct existing violations of State
of Florida or local health, sanitary, or safety code specifications, which
have been identified by the local code enforcement official prior to the
application for permit for improvement, and which are the minimum
necessary to assure safe living conditions.
Variance is a grant of relief from the requirements of this article.
Violation means the failure of a structure or other development to be fully
compliant with the requirements of this article. A structure or other
development without the elevation certificate, other certifications, or other
evidence of compliance required in this article is presumed to be in
violation until such time as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial
flood damage may occur.
Water surface elevation means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical
Datum (NAND) of 1988, of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
Sec. 78-774. Areas of special flood hazard.
The provisions in this article shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Tequesta.
Sec. 78-775. Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified in Map No. 120228-0001-C,
revised September 30, 1982, by the Federal Emergency Management Agency in
the Flood Insurance Study (FIS) for the Village of Tequesta, with the
accompanying maps and other supporting data, and any subsequent revisions
thereto, are adopted by reference and declared to be a part of this article. The
Flood Insurance Study and Flood Insurance Rate Map are on file with the Village
clerk.
Sec. 78-776. Designation of floodptain administrator.
The Village of Tequesta hereby appoints the Community Development
Director to administer and implement the provisions of this article and is herein
referred to as the Floodplain Administrator.
Sec. 78-777. Establishment of development permit.
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A development permit shall be required in conformance with the
provisions of this article prior to the commencement of any development
activities.
Sec. 78-778. Compliance.
No structure or land shall hereafter be located, extended, converted or
structurally altered without full compliance with the terms of this article and other
applicable regulations.
Sec. 78-779. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this article and
another conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
Sec. 78-780. Interpretation.
In the interpretation and application of this article all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under
State of Florida statutes.
Sec. 78-781. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This article does not imply
that land outside the areas of special flood hazard or uses permitted within such
areas will be free from flooding or flood damages. This article shall not create
liability on the part of the Village of Tequesta or by any officer or employee
thereof for any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
Sec. 78-782. Penalties for Violation.
Violation of the provisions of this article or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall upon the issuance
of an order by the Specia[ Magistrate be punishable as provided in Chapter 162,
F.S. Any person who violates this article or fails to comply with any of its
requirements shall, upon adjudication therefore, be fined not more than $500,
13 Ord. No. 2-08
and in addition, shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense. Nothing herein
contained shall prevent the Floodplain Administrator from taking such other
lawful actions as is necessary to prevent or remedy any violation.
Sec. 78-783. Permit procedures.
Application for a Development Permit shall be made to the Floodplain
Administrator on forms furnished by him or her prior to any development
activities, and may include, but not be limited to, the following plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, earthen fill, storage of materials
or equipment, drainage facilities, and the location of the foregoing. Specifically,
the following information is required:
(a) Application Stage:
(1) Elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all buildings;
(2) Elevation in relation to mean sea level to which any non-
residential building will be flood-proofed;
(3) Certificate from a registered professional engineer or
architect that the non-residential flood-proofed building will
meet the flood-proofing criteria in Section 78-783(b) and
Section 78-786(b)(2);
(4) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development;
and
(5) Elevation in relation to mean sea level of the bottom of the
lowest horizontal structural member of the lowest floor and
provide a certification from a registered engineer or architect
indicating that they have developed and or reviewed the
structural designs, specifications and plans of the construction
and certified that are in accordance with accepted standards of
practice in Coastal High Hazard Areas.
(b) Construction Stage:
Upon placement of the lowest floor, or flood-proofing by whatever
construction means, or bottom of the lowest horizontal structural
member it shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the NGVD or NAVD
elevation of the lowest floor orflood-proofed elevation, or bottom of
the lowest horizontal structural member as built, in relation to mean
14 Ord. No. 2-08
sea level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer
and certified by same. When flood proofing is utilized for a
particular building said certification shall be prepared by or under
the direct supervision of a professional engineer or architect and
certified by same. Any work undertaken prior to submission of the
certification shall be at the permit holder's risk. The Floodplain
Administrator shall review the lowest floor and flood-proofing
elevation survey data submitted. The permit holder immediately
and prior to further progressive work being permitted to proceed
shall correct violations detected by such review. Failure to submit
the survey or failure to make said corrections required hereby, shall
be cause to issue astop-work order for the project.
Sec. 78-784. Duties and responsibilities of the floodplain administrator.
Duties of the Administrator shall include, but are not be limited to:
(a) Review permits to assure sites are reasonably safe from flooding;
(b) Review all development permits to assure that the permit
requirements of this article have been satisfied;
(c) Advise permittee that additional Federal, State of Florida, or local
permits may be required, and if such additional permits are
necessary, especially as it relates to Chapters 161.053; 320.8249;
320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida
Statutes, require that copies of such permits be provided and
maintained on file with the development permit;
(d) Notify adjacent communities, the Department of Community Affairs,
Division of Emergency Management, the South Florida Water
Management District, the Federal Emergency Management Agency
and other Federal and/or State of Florida agencies with statutory or
regulatory authority prior to any alteration or relocation of a
watercourse;
(e) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
maintained;
(f) Verify and record the actual elevation (in relation to mean sea level)
of the lowest floor (A-Zones) or bottom of the lowest horizontal
structural member of the lowest floor (V-Zones) of all new or
substantially improved buildings, in accordance with Section 78-
786(b)(1)and (2) and Section 78-789(b), respectively;
15 Ord. No. 2-08
(g) Verify and record the actual elevation (in relation to mean sea level)
to which the new or substantially improved buildings have been
flood-proofed, in accordance with Section 78-786(b)(2);
(h) Review certified plans and specifications for compliance. When
flood-proofing is utilized for a particular building, certification shall
be obtained from a registered engineer or architect certifying that all
areas of the building below the required elevation are water tight
with walls substantially impermeable to the passage of water, and
use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy in
compliance with Section 78-786(b)(2) of this article. In Coastal High
Hazard Areas, certification shall be obtained from a registered
professional engineer or architect that the building is designed and
securely anchored to pilings or columns in order to withstand
velocity waters and hurricane wave wash. Additionally in Coastal
High Hazard Areas, if the area below the lowest horizontal
structural member of the lowest floor is enclosed, it may be done so
with open wood lattice and insect screening or with non-supporting
breakaway walls that meet the standards of Section 78-789(f) of
this article;
(i) Interpret the exact location of boundaries of the areas of special
flood hazard. When there appears to be a conflict between a
mapped boundary and actual field conditions, the Floodplain
Administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this article;
(j) When base flood elevation data or floodway data have not been
provided in accordance with Section 78-775, the Floodplain
Administrator shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a Federal, State of
Florida, or any other source, in order to administer the provisions of
Sections 78-786 through 78-789;
(k) Coordinate all change requests to the FIS, FIRM and FBFM with
the requester, State of Florida, and FEMA; and
(I) Where Base Flood Elevation is utilized, obtain and maintain records
of lowest floor and floodproofing elevations for new construction
and substantial improvements in accordance with Section 78-
786(b)(1)and (2), respectively.
Sec. 78-785. Floor elevation above sea level.
16 Ord. No. 2-08
Minimum lowest floor elevation above mean sea level (MSL) for all new
construction, additions and substantial improvements to existing structures shall
be 8.5 feet (MSL), 18 inches above the crown of any road, street, cut-de-sac or
highway, or meet the applicable requirements in Sections 78-786 through 78-789
of this article, whichever is more stringent.
Sec. 78-786. Provisions for flood hazard reduction.
(a) General standards:
In all areas of special flood hazard, all development sites including new
construction and substantial improvements shall be reasonably safe from
flooding, and meet the following provisions:
(1) New construction and substantial improvements shall be
designed or modified and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
(2) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to
and consistent with applicable State of Florida requirements
for resisting wind forces;
(3) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage. See the applicable Technical Bulletin or
Bulletins for guidance;
(4) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage. See the applicable Technical Bulletin or Bulletins
for guidance;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities, including duct work,
shall be designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding;
(6) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
17 Ord. No. 2-08
(7) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood
waters;
(8) On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a
building that is in compliance with the provisions of this
article shall meet the requirements of "new construction" as
contained in this article;
(10) Any alteration, repair, reconstruction or improvements to a
building that is not in compliance with the provisions of this
article, shall be undertaken only if said non-conformity is not
furthered, extended, or replaced;
(11) All applicable additional Federal, State of Florida, and local
permits shall be obtained and submitted to the Floodplain
Administrator. Copies of such permits shall be maintained on
file with the development permit. State of Florida permits
may include, but not be limited to the following:
(aa) South Florida Water Management District: in
accordance with Chapter 373.036 Florida Statutes,
Section (2)(a) - Flood Protection and Floodplain
Management.
(bb) Department of Community Affairs: in accordance with
Chapter 380.05, Florida Statutes, Areas of Critical
State Concern, and Chapter 553, Part IV, Florida
Statutes, Florida Building Code.
(cc) Department of Health: in accordance with Chapter
381.0065, Florida Statutes, Onsite Sewage Treatment
and Disposal Systems.
(dd) Department of Environmental Protection, Coastal
Construction Control Line: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and
Excavation.
(12) Standards for Subdivision Proposals and other Proposed
Development (including manufactured homes):
18 Ord. No. 2-08
(aa) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(bb) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize or
eliminate flood damage;
(cc) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
hazards.
(b) Specific standards:
In all A-Zones where base flood elevation data have been provided
(Zones AE, Al-30, and AH), as set forth in Section 78-775, the following
provisions shall apply:
(1) Residential Construction. All new construction or substantial
improvement of any residential building (including
manufactured home) shalt have the lowest floor, including
basement, elevated to no lower than one foot above the
base flood elevation. Should solid foundation perimeter walls
be used to elevate a structure, openings sufficient to
facilitate automatic equalization of flood hydrostatic forces on
both sides of the exterior walls shall be provided in
accordance with standards of paragraph (b)(3) of this
Section.
(2) Non-Residential Construction. All new construction or
substantial improvement of any commercial, industrial, or
non-residential building (including manufactured home) shall
have the lowest floor, including basement, elevated to no
lower than one foot above the base flood elevation. All
buildings located in A- Zones may be flood-proofed, in lieu of
being elevated, provided that all areas of the building
components below the base flood elevation plus one foot are
water tight with walls substantially impermeable to the
passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied using the FEMA Floodproofing
Certificate. Such certification along with the corresponding
engineering data, and the operational and maintenance
plans shall be provided to the Floodplain Administrator.
19 Ord. No. 2-08
(3) Elevated Buildings. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the lowest floor elevation shall be designed to
preclude finished living space and designed to allow for the
entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
(aa) Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
(i) Provide a minimum of two openings having a
total net area of not less than one square inch
for every square foot of enclosed area subject
to flooding;
(ii) The bottom of all openings shall be no higher
than one foot above foundation adjacent
interior grade (which must be equal to or higher
in elevation than the adjacent exterior grade);
and
(iii) Openings may be equipped with screens,
louvers, valves, or other coverings or devices
provided they provide the required net area of
the openings and permit the automatic flow of
floodwaters in both directions.
(bb) Fully enclosed areas below the lowest floor shall
solely be used for parking of vehicles, storage, and
building access. Access to the enclosed area shall be
minimum necessary to allow for parking of vehicles
(garage door), limited storage of maintenance
equipment used in connection with the premises
(standard exterior door), or entry to the living area
(stairway or elevator); and
(cc} The interior portion of such enclosed area shall not be
finished or partitioned into separate rooms.
(4) Standards for Manufactured Homes and Recreational
Vehicles.
(aa) All manufactured homes that are placed, or
substantially improved within Zones Al-30, AH, and AE, on
sites (i) outside of an existing manufactured home park
or subdivision, (ii) in a new manufactured home park or
20 Ord. No. 2-08
subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an
existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial
damage" as the result of a flood, the lowest floor be
elevated on a permanent foundation to no lower than
one foot above the base flood elevation and be securely
anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
(bb) All manufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision within Zones A-1, AH, and AE, that are
not subject to the provisions of paragraph (b)(4)(aa) of
this Section, must be elevated so that either:
(i) The lowest floor of the manufactured home is
elevated to no lower than one foot above the
base flood elevation, or
(ii) The manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least an equivalent strength that
are no less than 36 inches, or 48 inches if one
foot of freeboard adopted, in height above the
grade and securely anchored to an adequate
foundation system to resist flotation, collapse,
and lateral movement.
(cc) All recreational vehicles placed on sites within Zones
Al-30, AH, and AE must either:
(i) Be on the site for fewer than 180 consecutive
days,
(ii) Be fully licensed and ready for highway use (a
recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities
and security devices and has no permanently
attached additions), or
(iii) Meet all the requirements for new construction,
including anchoring and elevation requirements
in accordance with paragraphs (b)(4)(aa) and
(bb) of this Section.
21 Ord. No. 2-08
(5) Adequate drainage paths around structures shall be
provided on slopes to guide water away from structures.
(6) Standards for streams with established Base Flood
Elevations, without Regulatory Floodways.
Located within the areas of special flood hazard established
in Section 78-775, where streams exist for which base flood
elevation data has been provided by the Federal Emergency
Management Agency without the delineation of the
regulatory floodway (Zones AE and A 1-30), the following
additional provisions shall also apply.
(aa) Until a regulatory floodway is designated, no new
construction, substantial improvements, or other
development including fill shall be permitted within the
areas of special flood hazard, unless it is
demonstrated that the cumulative effect of the
proposed development, when combined with all other
existing and anticipated development will not increase
the water surface elevation of the base flood more
than one foot at any point within the Village.
(bb) Development activities which increase the water
surface elevation of the base flood by more than one
foot may be allowed, provided that the developer or
applicant first applies, with the Village's endorsement,
for a conditional FIRM revision, and receives the
approval of the Federal Emergency Management
Agency.
(7) Floodways. Located within areas of special flood hazard
established in Section 78-775, are areas designated as
floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris,
potential projectiles and have significant erosion potential,
the following additional provisions shall also apply:
(aa) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments within the regulatory floodway unless
certification (with supporting technical data) by a
registered professional engineer is provided through
hydraulic and hydrologic analyses performed in
accordance with standard engineering practice
demonstrating that encroachments would not result in
22 Ord. No. 2-08
any increase in flood levels during occurrence of the
base flood discharge.
(bb) Prohibit the placement of manufactured homes
(mobile homes), except in an existing manufactured
homes (mobile homes) park or subdivision. A
replacement manufactured home may be placed on a
lot in an existing manufactured home park or
subdivision provided the anchoring standards of
Section 78-786(a)(2), and the elevation standards of
Section 78-786(b)(1) and (2), and the encroachment
standards of Section 78-786(b)(7)(aa), are met.
(cc) Development activities including new construction and
substantial improvements that increase the water
surface elevation of the base flood by more than one
foot may be allowed, provided that the developer or
applicant first applies, with the Village's endorsement,
for a conditional FIRM revision, and receives the
approval of FEMA.
(dd) When fill is proposed, in accordance with the permit
issued by the Florida Department of Health, within the
regulatory floodway, the development permit shall be
issued only upon demonstration by appropriate
engineering analyses that the proposed fill will not
increase the water surface elevation of the base flood
in accordance with Section 78-786(b)(7)(aa).
(8) For all structures located seaward of the Coastal
Construction Control Line (CCCL), the lowest floor of all new
construction and substantial improvemen#s shall be elevated
to the regulatory flood elevation established by the Florida
Department of Environmental Protection or by FEMA in
accordance with Section 78-775, whichever is higher. All
non-elevation design requirements of Section 78-789 shall
apply.
Sec. 78-787. Specific standards for A-Zones without base flood elevations
and regulatory floodways.
Located within the areas of special flood hazard established in Section 78-
775, where there exist A-Zones for which no base flood elevation data and
regulatory floodway have been provided or designated by the Federal
Emergency Management Agency, the following provisions shall apply:
(a) Require standards of Section 78-786(a).
23 Ord. No. 2-08
(b) The Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a
Federal, State of Florida, or any other source, in order to administer
the provisions of this article. When such data is utilized, provisions
of Section 78-786(b) shall apply. The Floodplain Administrator
shall:
(1) Obtain the elevation (in relation to the mean sea level) of the
lowest floor (including the basement) of all new and
substantially improved structures,
(2) Obtain, if the structure has been floodproofed in accordance
with the requirements of Section 78-786(b)(2), the elevation
in relation to the mean sea level to which the structure has
been floodproofed, and
(3) Maintain a record of all such information.
(c) Notify, in riverine situations, adjacent communities, the State of
Florida, Department of Community Affairs, NFIP Coordinating
Office, and the applicable Water Management District prior to any
alteration or relocation of a watercourse, and submit copies of such
notifications to FEMA.
(d) Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(e) Manufactured homes are prohibited within the Village of Tequesta
except as may be permitted for temporary facilities.
(f) When the data is not available from any source as in paragraph (b)
of this Section, the lowest floor of the structure shall be elevated to
no lower than three feet above the highest adjacent grade.
(g) Require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks
and subdivisions) greater than 50 lots or 5 aces, whichever is the
lesser, include within such proposals base flood elevation data.
Sec. 78-788. Standards for AO-Zones.
Located within the areas of special flood hazard established in Section
78-775, are areas designated as shallow flooding areas. These areas have
flood hazards associated with base flood depths of one to three feet, where a
clearly defined channel does not exist and the path of flooding is unpredictable
and indeterminate; therefore, the following provisions apply:
24 Ord. No. 2-08
(a) All new construction and substantial improvements of residential
structures in all AO Zones shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the Flood Insurance
Rate Map. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated to no less than two feet
above the highest adjacent grade.
(b) All new construction and substantial improvements of non-
residential structures shall:
(1) Have the lowest floor, including basement, elevated above
the highest adjacent grade at least as high as the depth
number specified in feet on the Flood Insurance Rate Map. If
no flood depth number is specified, the lowest floor,
including basement, shall be elevated to at least two feet
above the highest adjacent grade, or
(2) Together with attendant utility and sanitary facilities be
completely floodproofed to that level to meet the
floodproofing standard specified in Section 78-786(b)(2).
(c) Adequate drainage paths around structures shall be provided on
slopes to guide water away from structures.
Sec. 78-789. Coastal high hazard areas (V-Zones).
Located within areas of special flood hazard established in Section 78-775
are Coastal High Hazard Areas, designated as Zones V 1-30, VE, or V (with
BFE). The following provisions shall apply for all development activities:
(a) Meet the Requirements of Section 78-783, and Section 78-786(a)
and (b) [except (b)(7)], Section 78-787 and Section 78-788.
(b) All new construction and substantial improvements in Zones V1-
V30, VE, and V (with BFE) shall be elevated on pilings or columns
so that:
(1) The bottom of the lowest horizontal structural member of the
lowest floor (excluding the pilings or columns) is elevated to
no lower than one foot above the base flood elevation
whether or not the structure contains a basement; and
(2) The pile or column foundation and structure attached thereto
is anchored to resist flotation, collapse, and lateral
movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading
will be those values associated with the base flood. Wind
25 Ord. No. 2-08
loading values will be those required by applicable State of
Florida or local, if more stringent than those of the State of
Florida, building standards.
(c) A registered professional engineer or architect shall develop or
review the structural design, specifications and plans for the
construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for meeting the provisions of this Section.
(d) Obtain the elevation (in relation to mean sea level) of the bottom of
the lowest horizontal structural member of the lowest floor
(excluding pilings and columns) of all new and substantially
improved structures. The Floodplain Administrator shall maintain a
record of all such information.
(e) All new construction and substantial improvements shall be located
landward of the reach of mean high tide.
(f) Provide that all new construction and substantial improvements
have the space below the lowest floor either free of obstruction or
constructed with nonsupporting breakaway walls, open wood
lattice-work, or insect screening intended to collapse under wind
and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or
supporting foundation system. For the purpose of this section, a
breakaway wall shall have a design safe loading resistance of not
less than 10 and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of
20 pounds per square foot (either by design or when so required by
local codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the
following conditions:
(i) Breakaway wall collapse shall result from water load less
than that which would occur during the base flood; and
(ii) The elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all building
components (structural and nonstructural). The water
loading shall be those values associated with the base flood.
The wind loading values shall be those required by
applicable Florida or local, if more stringent than those of the
State of Florida, building standards.
26 Ord. No. 2-08
(iii) Such enclosed space shall be useable solely for parking of
vehicles, building access, or storage. Such space shall not
be finished, partitioned into multiple rooms, or temperature-
controlled.
(g) Prohibit the use of fill for structural support. No development permit
shall be issued for development involving fill in coastal high hazard
areas unless it has been demonstrated through appropriate
engineering analyses that the subject fill does not cause any
adverse impacts to the structure on site or adjacent structures.
Placement of fill that would result in an increase in the base flood
elevation or cause adverse impacts by wave ramping and
deflection may be permitted, provided that the permit applicant first
applies for and receives a conditional FIRM revision, fulfilling the
requirements for such revisions as established by FEMA.
(h) Prohibit man-made alteration of sand dunes and mangrove stands
that would increase potential flood damage.
(i) Standards for Manufactured Homes -- manufactured homes are
prohibited within the Village of Tequesta except as may be
permitted as temporary facilities.
(j) Recreational vehicles placed on sites within Zones VE, V1 V30, V
(with base flood elevation) on the FIRM either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (on its wheels or
jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions); or
(iii) Meet the requirements of paragraphs (2) through (8) of this
Section.
(iv) Prohibit the placement of recreational vehicles, except in an
existing recreational vehicle park. They must be on site for
fewer than 180 consecutive days, fully licensed and ready
for highway use (on its wheels or jacking system, is attached
to the site by quick disconnect type utilities and security
devices, and has no permanently attached additions). They
shall also have a plan for removal in case of a threat.
(k) For all structures located seaward of the Coastal Construction
Control Line (CCCL), the bottom of the lowest horizontal structural
member of the lowest floor of all new construction and substantial
improvements shall be elevated to the flood elevation established
27 Ord. No. 2-08
by the Florida Department of Environmental Protection or the base
flood elevation, whichever is the higher. All non-elevation design
requirements of paragraphs (b) through (k) shall apply.
(I) When fill is proposed, in accordance with the permit issued by the
Florida Department of Health, in coastal high hazard area, the
development permit shall be issued only upon demonstration by
appropriate engineering analyses that the proposed fill will not
increase the water surface elevation of the base flood nor cause
any adverse impacts to adjacent properties by wave ramping and
deflection.
Sec. 78-790. Variances and appeals.
The Board of Adjustment as established by the Village of Tequesta in
Section 78-62 of this chapter shall hear and decide appeals and requests for
variances from the requirements of this article.
Sec. 78-791. Duties of Board of Adjustment.
The Board of Adjustment shall hear and decide appeals when it is alleged
an error in any requirement, decision, or determination is made by the Floodplain
Management Administrator in the enforcement or administration of this article.
Any person aggrieved by the decision of the Board may appeal such decision
pursuant to the appeal procedure provided in Sections 78-63 and 78-67 of this
chapter.
Sec. 78-792. Variance Procedures.
In acting upon such applications, the Board of Adjustment shall consider
all technical evaluations, all relevant factors, standards specified in other sections
of this article, and:
(a) The danger that materials may be swept onto other lands to the
injury of others;
(b) The danger of life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to
the Village;
(e) The necessity to the facility of a waterfront location, where
applicable;
2g Ord. No. 2-08
(f) The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary
and emergency vehicles;
Q) The expected heights, velocity, duration, rate of rise, and sediment
of transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
Sec. 78-793. Conditions for variances.
(a) Variances shall only be issued when there is:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result
in exceptional hardship; and
(3) A determination that the granting of a variance will not result
in increased flood heights, additional threats to public
expense, create nuisance, cause fraud on or victimization of
the public, or conflict with existing local taws or ordinances.
(b) Variances shall only be issued upon a determination that the
variance is the minimum necessary deviation from the requirements
of this article.
(c) Variances shall not be granted after-the-fact.
(d) The Floodplain Administrator shall maintain the records of all
variance actions, including justification for their issuance or denial,
and report such variances in the Village's NFIP Biennial Report or
upon request to FEMA and the State of Florida, Department of
Community Affairs, NFIP Coordinating Office.
Sec. 78-794. Variance notification.
29 Ord. No. 2-08
Any applicant to whom a variance is granted shall be given written notice
over the signature of a Village official that:
(a) The issuance of a variance to construct a structure below the base
flood elevation will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance
coverage, and
(b) Such construction below the base flood level increases risks to life
and property.
A copy of the notice shall be recorded by the Floodplain Administrator in
the Office of the Clerk of Court of Palm Beach County and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
Sec. 78-795. Historic Structures.
Variances may be issued for the repair or rehabilitation of "historic"
structures meeting the definition in this article upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a "historic" structure.
Sec. 78-796. Structures in regulatory floodway.
Variances shall not be issued within any designated floodway if any
impact in flood conditions or increase in flood levels during the base flood
discharge would result."
Section 4: Severability. If any court of competent jurisdiction holds any word,
part, section, paragraph or provision hereof to be unlawful or unconstitutional, such
ruling or finding shall not affect the remaining portions of this Ordinance, which shall
remain in full force and effect.
Section 5: Repeal of Ordinances in Conflict. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6: Codification. This Ordinance shall be codified and made a part of
the official Code of Ordinances of the Village of Tequesta.
Section 7. Effective Date. This Ordinance shall become effective
immediately upon passage.
30 Ord. No. 2-08
Upon First Reading this 10th day of January, 2008, the foregoing Ordinance was
offered by Council Member Paterno who moved its adoption. The motion was
seconded by Vice-Mayor Watkins and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Jim Humpage X
Vice-Mayor Pat Watkins X
Council Member Dan Amero X
Council Member Tom Paterno X
Council Member Calvin Turnquest ABSENT
Upon Second Reading this 14th day of February, 2008, the foregoing Ordinance
was offered by Council Member Amero who moved its adoption. The motion was
seconded by Vice-Mayor Watkins and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Jim Humpage X
Vice-Mayor Pat Watkins X
Council Member Dan Amero X
Council Member Tom Paterno X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 14tH
day of February 2008.
OF TEQUESTA
v
im Hu
ATTEST:
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Lori McWilliams, CMC
Village Clerk
INCpR ORq :D
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31
a
Ord. No. 2-08