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HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 04_11/03/2011 ' � '' ' VILLAGE OF TEQUESTA �J� � DEPARTMENT OF COMMUNITY DEVELOPMENT �. ,,,,,,,,,�'` ` Staff Report — Local Planning Agency Public Hearing — November 3, 2011 Comprehensive Plan Amendment Future Land Use Text Amendment — Lowest Floor Elevation Purpose of Propose Amendment This is a Village initiated request for a Comprehensive Plan Text amendment to the Future Land Use Element to address specific recommendations made by the Federal Emergency Management Agency (FEMA). The proposed amendment will provide consistency between the Future Land Use Element (Policy 1.7.4.) and the Village's Code of Ordinance. Background As a result of a Community Assistance Visit (CAV) that FEMA conducted in the Village of Tequesta on August 8, 2007, the Village received a follow-up recommendation letter issued on September 26, 2007 (see attached letter). FEMA's recommendations focused on updating the Village's Code of Ordinance - Article XII. Flood Damage Prevention- to comply with current National Flood Insurance Program (NFIP) regulations. FEMA provided 17 specific recommendations (revisions and additions) to clarify and update the Village Code. In February 2008, the Village Council adopted Ordinance 2-08 that amended Article Xll. Flood Damage Prevention of the Village Code of Ordinances to include recommendations from FEMA. Although Article Xll. Flood Damage Prevention was modified, there is still inconsistency between Policy: 1.7.4 from the Future Land Use Element and Section 78-785 from the Code of Ordinance. This proposed Comprehensive Plan Text amendment to the Future Land Use Element will make possible to modify the Village Code to comply with entire FEMA recommendations; and, to qualify for Community Rating System (CRS) credits. 1 Department of Community Development — Comprehensive Plan Text Amendment- Lowest Floor Elevation Comprehensive Plant Text Amendment The proposed text amendment to the Comprehensive Plan provides a change to the Future Land Use Element to be in compliance with specific FEMA recommendations. The following is the proposed amendment to the Comprehensive Plan. Please note that deletions are ��;;,'���" new language is underlined and bold: Policy: 1.7.4. A minimum ��~�c" {�~�+ �'^^' lowest floor elevation above mean sea level (MSL) for all new construction, additions and substantial improvements to existing structures shall be 4 .� �^ �^��^� ^r 18 inches above the crown of any road, street, cul-de-sac or highway. ,�� , , �• Staff Analysis FEMA recommendation letter (Page 2- first paragraph) clearly defines that "The Village of Tequesta requires the construction of the 'finished floor" of all structures at 8.5 feet above mean sea level or 18 inches above the crown of the road, whichever is greater. Please be advised that in the NFIP Regulations, the term "lowest floor" is used instead of 'finished floor". There are situations when an unfinished floor area may be considered the lowest f/oor of the structure for both floodplain management and flood insurance rating purposes". The Village's Future Land Use Element, Policy: 1.7.4. refers to "finish first floor" which needs to be amended to reflect "lowest floor" per FEMA above described recommendation and justified reason. Also, while Ordinance 2-08 modified Article Xll. Flood Damage Prevention of the Village Code of Ordinances to include recommendations from FEMA, the floor elevation standard in Section 78-785 remained as follows: "Minimum lowest floor elevation above mean sea level (MSL) for all new construction, additions and substantial improvements to existing structures shall be eight and one-half feet (MSL), 18 inches above the crown of any road, street, cul-de-sac or highway, or meet the applicable requirements in Sections 78-786 through 78-789 of this article, whichever is more stringent." Leaving this section in the Code has created two issues: 1. In the letter received from FEMA, third page, states that "elevation standard currently required by the Village does not receive CRS credit because it does not directly require elevation above BFE" (BFE=Base Floor Elevation). By leaving this standard in, Village of Tequesta residents are not receiving credit towards their Community Rating Service from ISO. 2 Department of Community Development — Comprehensive Plan TextAmendment- Lowest Floor Elevation 2. The last statement in Section 78-785 "whichever is more stringent" eliminates all the requirements in Section 78-786 trough 78-789. Once the proposed Comprehensive P/an Text amendment to the Future Land Use Element is adopted, the Village's Code of Ordinance can be revised to provide a finish base floor elevation for areas within a flood zone in accordance with Sections 78-786 trough 78-789 as recommended by FEMA. The revision will also establish a minimum finish base floor elevation for areas outside a flood zone, which is reasonable based upon industry standards. This proposed Comprehensive P/an Text amendment to the Future Land Use Element recognizes the critical role of providing consistency between policies and regulations that affect development as well as residents of the Village of Tequesta. Attachments and Support Documents 1. Ordinance No. 22-11 2. FEMA Recommendation Letter (9.26.2007). 3. Ordinance No. 2-08, adopted in February 2008. 3 Department of Community Development — Comprehensive Plan TextAmendment- Lowest Floor Elevation ORDINANCE NO. 22-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184(3), FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED AMENDMENT NO. LUPA 1- 11WHICH PROVIDES FOR AN AMENDMENT TO CERTAIN PORTIONS OF THE TEXT FOUND IN THE FUTURE LAND USE ELEMENT, UPDATING SAID ELEMENT IN COMPLIANCE WITH FEMA REQUIREMENTS FOR LOWEST FLOOR ELEVATION; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt comprehensive deveiopment plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, all amendments to the comprehensive development plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the Village of Tequesta, Florida, has carefully prepared amendments to its comprehensive development plan pursuant to a Village initiated amendment; and WHEREAS, the Village of Tequesta has held all duly required public hearings; both prior to submission of the proposed amendments of the plan to the State Department of Community Affairs and after the proposed amendment of the plan was returned to the Village of Tequesta, in accordance with Chapter 163.3184(3), Florida Statutes; and WHEREAS, the Village Council desires to adopt certain amendments to its current comprehensive development plan to guide and control the future development of the Village, and to preserve, promote and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA: SECTION 1: The Future Land Use Element of the Village of Tequesta Comprehensive Plan is hereby amended as set forth on Exhibit A which is attached hereto and made apart hereof as if fully set forth herein. 1 SECTION 2: The Village Clerk is hereby directed to transmit three (3) copies of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency, along with a copy to the Treasure Coast Regional Planning Council, The Department of State, the Department of Transportation, the Department of Environmental Protection, the South Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(3), Florida Statutes. SECTION 3: Each and every other section and subsection of the Village of Tequesta Comprehensive Plan 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 given to codify this Ordinance and make it part of the Village's Comprehensive Plan. SECTION 7: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Division of Community Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. FIRST READING this day of , 2011. SECOND AND FINAL READING this day of , 2011. 2 iJ.S. I3epartment of d�Iometaa�d Securiey Region IV 3003 Chamblee Tucker Road Atlanta, GA 30341 ; F'�,4ARTdtF y O���L� i � : ��.��� FEM� , i in rq G p ..l =., ND 5'�.E'` � September 26, 2047 Mr. Ivlichael Couzzo � Village Manager Village of Tequesta. P.O. Box 3273 250 Tequesta. Drive, Suite 300 Tequesta, Florida 33469-0273 � Reference: National Flood Insurance Program (l�TFIP) Community Assistance '6Tisit (CA�I} Dear Mr. Couzzo: This is a follow-up to the CAV that the Federal Emergency Management Agency (FEMA) conducted in the �Iillage of Tequesta on August 8, 2007. Susan Wilson, of our staff, conducted the CAV. Ms. Catherine Harding, Community Development Director, represented tlie Village of Tequesta. CAV Findin�s It appears that the Village of Tequesta staff charged with administering and enforcing the Village's adopted floodplain management program has a basic understanding of the National Flood Insurance Program (NFIP) requirements. According to the Village records, more than 100 building pernv.ts were issued from January 1, 2003, to AugiASt 1, 2007, the time period under review. The majority of the permits issued during the time period under review are residential. Although there were fourteen (14) permits issued for non-residential construction, none was located in a designated Special Flood Hazard Area (SFHA). During the time period under review, there have been no permits issued for the floodproofing of non-residential buildings. There are no manufactured home parks or subdivisions located in the �illage of Tequesta. and no permits were issued to locate manufactured homes or travel trailers within the corporate limits. During the period under review, the Village of Tequesta had not received any requests for variances from the provisions of the Flood Damage Prevention Ordinance. The Village of Tequesta has not had any c�evelopments involving improvements to a historic structure. The Village of Tequesta requires the submission of an "as-built" lowest floor elevation certificate for all new construction and substantial improvements to existing struciures, including those that aze located in the moderate and low flood risk zones (Zones B, C, and X on the Flood Insurance Rate Map (FIRN�). This is a very good practice and it will prove beneficial for flood insurance rating when the FIRMs aze revised because it will provide documenta.tion concerning the FIRM zone and elevation in effect at the time the building was constructed. www.fema.gov Mr. l�ichael Couzzo 2 The Village of Tequesta requires the construction of the "finished floor" of all sta�ucttures at 8.5 feet above mean sea level or 18 inches above the crown of the road, whichever is greater. � Please be advised that in the NFIP Regulations, the term "lowest floor" is used instead of "fizushed floor". There are situations when an unfinished floor area may be considered the lowest floor of the structure for both floodplain management az�d flood insurance rating / pu.rposes. The Village of Tequesta has developed and utilizes a plan subrnittal checklist for all proposed developments. A survey is required as a part of the submittal for a building pernut. A land surveyor provides the flood zone and Base Flood Elevation (BFE) required for a development site. We believe that these are excellent practices, but strongly encouxage the Village of Tequesta to verify the accuracy of the flood zone and BFE provided in the submittal. The Village of Tequesta has an esta.blished policy of requiring an appraisal in arder ta determine whether or not proposed improvements to existing structures constitute substantial i9nprovernents that require compliance with current codes and regulations. Enclosed, for your use, is a list of those items that are i.n.cluded and excluded in the calculation and determination of substantial improvements. During the CAV, the development pernut files and fmal "as-built" Elevation Certificates for si�uctures completed since January 1, 2003, were reviewed. Some files contaaned Elevation Certificates that reference the elevation of the building while it was under construction. This perhaps stems from the requirement in the Tequesta Code (Section '78-782) that requires ' submission of a"tie-in survey", rather than submission of the Elevation Certificate based on completed consiruction. Please be advised that no shucture located in a SFHA should be issued a certificate of occupancy unless an Elevation Certificate based on the "finished" construction has been submitted, reviewed and deternuned to be complete aud compliant with a11 applicable codes. The critical differences are that the Elevarion Certificate based on f�nished construction will indicate the highest and lowest adjacent grades, and the lowest elevation of any machinery and equipment servicing the building. These elevations are used not only to assure compliance with floodplain management regulations, but are also used in calculating the flood insurance premium for a siructure. One Elevation Certificate that was reviewed referred ta an inconeet BFE. Perhaps this was as a result of confusion about the Village of Tequesta's requirement that the "Minimum finish first-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 ara.y road, street, cul-de-sac or highway or meet the requirements of article XII of this chapter pertaining to flood hazard areas, whichever is mare stringent." The Elevation Certificate should always refer to th.e BFE indicated on the current, effective FIRM. Also, consistent use of the term "lowest floor" should be made, ra.ther than "fuushed floor", "fuushed first floor", "lowest fini�hed floor" or "lowest ha.bita.ble floor". The regulations of the IoTFIP refer only to the term "lowest floor", a critical definition that is currently not included in the Tequesta Code. The Elevation Certificate must be prepared by a professional land surveyor, licensed in the State of Florida. Under Florida. law, the surveyor must complete and sign Section D of the Elevation Certificate, but also seal and pro�vide a second signature across the raised sea1. We strongly advise that the Village of Tequesta. accept for its records only original Elevation Tvdr. I�iichael Couzzo 3 Certificates. Copies, facsimiles or other reproduct�ons should not be aceepted as the Village's official records. As discussed duriYxg the CAV, please obtain the correct and final Elevation Cerrtiificates for the following structures: 1) 129 Point Circle, Pernut #02-000910; no Elevation Certificate on file 2) 10� Intercoastal Circle; Elevation Certificate on file referenced "building under construction" 3) 25 Bay Harbor Road; Elevation Certificate on file referenced incorrect BFE We have reviewed the sec�ions of the Tequesta. Code that relate to development in the SFHAs (Article XII Flood Hazard Areas). Although the definition section of the Tequesta. Code was not provided for our review, we have reviewed. the entire Tequesta. Code that is available through the Municode.cam website. We have concerns that some of the terms may be confusing or contradictory. It appears that a number of regulation changes, including the addition and revision of a number of definitions, have occurred since the ordinance was adopted. We strongly recammend that the Village of Tequesta revise and update its ordinance. To assist the Village, enclosed is a copy of the Sta,te af Florida's sample Flood Damage Prevention Ordinance. We will also be sending the Florida sample flood damage prevention ordinance to Ms. Harding electronically. Since the Village of Tequesta has expressed an interest in improving its standing in the Community Ra.ting System (CRS) program, for consideration, the email message transmitting the sample ordinance will include a number of higher regulatory standards that would receive CRS credits. At a minimum, we � strongly recommend the adoption of at least a one-foot "freeboard" far all new construction and substantial im rovements in the designated SFHAs. Without having reviewed the definitions, or reviewing a11 other sections of the Tequesta Code, it would appear that a number of requirements of the NFIP have been omitted from Article XII. In order to bring the Tequesta Code sections related to flood damage prevention into compliance with the current NFIP Regulations, the following revisions and additions would be required: 1. Add definitions for "lowest floor", "functiorially dependent use", "lustoric structure", and "substantial damage". � 2. R�vise the definitions for "basement", "Coastal High Hazard Area", and "development". 3. Revise the defi�itions of "flood, 100-year" and "floodplain azea having special flood hazard" to refer to either the base flood or #he flood having a one percent chance of being equaled or exceeded in any given year. 4. Add a reference to the Flood Insurance Study (FIS) and date. Consider adding automatic adoption language that automatically adopts any future revisions to the FIS and accampanying FIRMs. 5. Amend Section 78-773 (1) to requixe that "Proposed strructures and substantial improvements to e�isting structures in the SFHA.s shall be required to have the lowest floor, including basement, . Non-residential structures, together with attendant utility and sanitary facilities shall be designed so that below the base flood level the structure is watertight vvith wa11s substantially i.mpermeable to the Mr. lO�Iichael Couzzo 4 passa.ge of water and with structural components having the capability of resisting hydrostatic and hydrodynanuc loads and effects of buoyancy. Provide that where a non-residential structure is intended to be made watertight below the base flood level, (1) a registered professional engineer or architect sha11 develop and/or review structural design, specifications, and plans for the construction, and sha11 certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the floodproofing requirements." 6. Amend Section 78 to require that, prior to issuance of a permit, the Village of Tequesta assures that all other Sta.te and Federal permits are obtained, as required by Section 60.3(a)(2) of the NFIP Regulatians. 7. Amend the subdivision section to require the "review of subdivision proposals and other development, includi.ng manufactured home parks or subdivisions, to determine whether such proposals will be reasonable safe from flooding". If such proposals are in a floodprone azea, assure that such proposals minimize the potential for flood damage. 8. Amend either the subdivision section or Section 7�, to require that for development proposals in azeas designated as �pproximate Zone A, when the development would be greater than 50 lots or 5 acres, that the proposals include base flood elevation data that wauld be used to regulate the development. 9. Amend Sec�ion 78-782 to require a final "as-built" elevation certificate on the FEMA Elevation Certificate form (FEMA Form 81-31) to verify building compliance prior to issuance of the certificate of occupancy. We encourage the Village of Tequesta to continue to require the submission of the "tie-in survey" to confirm that the building is at the correct elevation prior to construction of the wall system. 10. Add a provision, to require notification of adjacent communities, the 3taxe NFIF � Coordinating Office and FEMA of any proposed watercourse alterations and relocatians, as required by Section 60.3(b)(6) of the NFIP Regulations. 11. Add a provision to maintain the carrying capacity of an altered or relocated watercourse, as required by 5ection 60.3(b)(7) of the NFIP Regulations. 12. Unless specifically prolubited by the Tequesta. Code, add a11 provisions related to the elevation and anchoring of manufactured (mobile) homes placed in SFHAs. T'hese Regulations aze 60.3(b)(8), 60.3(c)(6), 60.3(c)(12), and 64.3(e)(8). 13. Revise Section 78-773(1) to require elevation lowest floor of any new construction or substantially improved existing structure to or above the base flood elevation. 14. A.mend Section 78-773(1) to require that, if a non-residential structure is granted an exception that allows floodproofmg, that "a state-licensed professional engineer or axchitect certify that the design and methods of construction of the floodproofed non- residential building meet the requirements of Section 60.3(c)(3)(ii), and 60.3(c)(4) of the NFIl' Regulations. 15. Add provisions that for a11 new construction and substantial improvements, that fu11y enclosed areas below the lowest floor that axe used solely for parking af vehicles, building access or stora.ge in an area other than a basement, sha11 be designed with flood openings to automatically equalize hydrosta.tic flood forces on exterior wa11s by allowing the entry and exit of flaodwaters in accordance with the specifications in Section 60.3(c)(5) of the NFIP Regulations. 16. For all new construction and substantially improved structures in the Coastal High Hazard Area, add a provision to require that a state licensed professional engineer or architect certify that the design and methods of construction meet the elevation and anchoring requirements of Section 60.3(e)(4)(i) and (ii) of the NFIP Regulations. We will be happy tm provide the Village of Tequesta with the sample VE-Zone foundation and anchoring certification form. Ndr. Michael Couzzo 5 17. Add a provision t� Section 7�-280 to prohibit man made alteration of sa.nd dun.es and mangrove stands, which �vould increase potential flood damage, as required by Section 60.3(e)(7) of the I�TFIP Regulations. We would be happy to assist the Village of Tequesta. with the revisions to the ordirnance. When the flood ordinance is revised, please provide us.with a certified copy for our records. If we may be of any assistance to the Village of Tequesta, please conta.ct Susan Wilson by telephone at 770-220-5414 or by email at ��.�sa�r.��r�`�c�Y�(�a��� �cerely, . - � ; w , � `���. ' � J� �f �t.€• �/i��/4 �,J"' �'.f . i... `�rasad Inmula, Acting Chief � Z 1. �; Floodplain Management and Insurance Branch Mitigation Division Enclosures ORDINANCE NO. 2-0$ AN URDINANCE OF THE YILLAGE COUNCII. OF THE VILLAGE OF TEQUESTA, FLORIDA, REPEALING ARTfCLE IIl. COASTAL PROTECTION. OF CHAPTER 50. NATURAL RESOURCE PROTECTION.; AMENDING CHAPTER 78. ZONING. BY REPEALING EXiSTING ARTfCLE Xlf. 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 SECTtON 78-293. FLOOR ELEVATiON ABQVE SEA LEVEL. AND PROVIDING FOR ITS INCLUSION fN THE NEW ARTtCLE Xfl.; 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 govemment units to adopt regulations designed to promate the public health, safety, and general welfare of its residents; WHEREAS, the flood hazard areas of the �Ilage of Tequesta are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption af commerce and governmenta! 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 floal hazard areas by uses vulnerable to floods or hazardous #o 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 pubfic health, safety and general weifare and to minimize pubfic and private losses due #o flood canditions in spec�c areas; and, WHEREAS, the Viliage Counci! 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 C�UNTY, 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 Z: Section 78-293. Floor Etevation Above Sea Level. of Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally. is hereby repeated and readopted as revised in the new Articte XfI. as provided below. Sec�t�on 3: The entire Article XII. Flood Hazard Areas. of Chapter 78. of the Cale of Ordinances of the Village of Tequesta is hereby repealed and readopted as revised, providing that the new A�ticle XII. of Chapter 78. shall . hereafter be titled "Flood Damage Prevention" and shall hereafter read as fallows: ARTICLE Xil. FLOOD DAMAGE PREVENTtON. 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 healifi, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; 2 Ord. No. 2-08 (b) Require that uses vuinerable fio floods including facilities which serve such uses be protected against flood damage throughout their intended tife span; (c} Controi the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (d) Controi filling, grading, dredging and other development which may inccease 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 obje�tives of this article are to: (a) Protect human fife, health and to eliminate oc minimize properly damage; (b) Minimize expenditure of public money for cos#ly flood control prnjects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the generai pubNc; (d} Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, teiephone and sewer lines, roadways, and bridges and culverts located in floodplains; {fl 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 tttat potential homebuyers are natified that property is in a flood hazard area. Sec. 78-773. Definitions. Unless specifically d�ned 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. 3 Ord. No. 2-08 Accesso�y struc#ure (Appurtenant structure) means a structure that is located on the same parr,el of property as the principat 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 tfiis article or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the Village's Flood lnsurance Rate Map (FfRM) 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 la�nd in the floodplain within the Viflage subject to a one-percent or greater chance of floaJing 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 cal{ed the "100-year flood" and the "regulatary flood"). Base flood is the term used throughout this article. Base Flood Elevation means the water-surtace elevation associated with the base flood. Basement means that portion of a building having its fluor sub-grade (below ground level) on a!I sides. Breakaway walt means a wall that is not part of the structural support of the building and is in#ended through its design and consfiruction to collapse under specific fateral loading forces without causing damage to the elevated portion of the building or the supparting foundation system. Building — see Structure. Coastaf high hazard area means an area of special flood hazard extending from offshore to the inland lim� 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. 4 Ord. No. 2-08 Datum A reference su�face used to ensure that afl elevation records are properfy related. Many communities have their own datum that was developed before there was a national standard. The current nationai datum is the Nationa( Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) 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 a non-basement building buitt to have the lowest floor elevated above the ground leve! by foundation walls, posts, piers, columns, pilings, or shear walls. Encroachment means the advance or infri�gement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or aiter 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 da#a of the initial Ffood Insuranoe 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, far 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 tand areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surtace 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 {iquid 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. 5 Ord. No. 2-08 (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 exc�eding anticipa#ed cyclical levels or suddenly caused by an unusuafly high water (evel in a natura{ 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 �llage on which the Federat 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 Viilage, 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 defineated both the areas of special flood hazard and the risk premium zones applicable to the �Ilage. Flood Insurance Study (FISj is the official hydraulic & hydrologic report provided by FEMA. The study contains an examination, evaluatian, and determination of flood hazards, and, if appropriate, corresponding water surFace elevations, or an examination, evaivation, and determination of mudsfide (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 iimited 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 regufations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, specia( purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance}, and other applica#ions 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 praperty, water and sanitary facilities, structures and their confients. 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 surtace 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 additionat hydraulic and/or hydrologic analysis. Freeboard means the additional height, usuatCy 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 se�cted 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 horizontaf structural member of the lowest floor of an elevated building during a base floai 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 tocated or carried out in close proximity to water, such as a dodcing or port facitity 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 seroice facilities. Hardship as re(ated 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 Viflage 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. AN 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 Plaoes (a l+sting maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual tisting on the National Register, (b) Certified or preliminarily determined by the Secretary of the lnterior as contributing fio the historical sign�cance of a registered historic or a district preliminariiy determined by the Secretary to quatify as a registered historic district; (c) Individually iisted on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or (d) Individually listed on a focal �nventory of historic places in communities with historic preservation programs that have been cert�ed either: (1) By the approved Florida program as determined by the Secretary of the lnterior, 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 immediate(y next ta the structu�e. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used sofe{y for parking of vehicles, buifding access, or storage, in an area other than a basement, is no# 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 assembtage of mangrove trees which are most(y (ow trees noted for a copious development of interiacing adventitious roats above ground and which contain one or more of the folfowing species: Black mangrove (Avicennia Nitida); red mangrove 8 Ord. No. 2-08 (Rhizophora mangle); white mangrove (Lariguncutaria Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is buiit 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 manufa�tured 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 wiliing 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 alt stages of the tide. It is used as a reference for establishing various elevations within the floodpfain. For purposes of this article, the term is synonymous with Nationa! Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical contro! 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 onty 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 subdivis+ons are prohibited within the Viliage of Tequesta except as may be permitted as temporary facitities. North American Vertical Datum (NAVD) 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 +mpairs effective implementation of those floodpfain 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 neighbofiood, or any considerable number of persons, or uniawfully 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, travet, 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 e(evation 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 floalplain 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 violatians, 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 resembfing a river (including tributaries), stream, brook, etc. Sand dune means naturally occumng accumulations of sand in ridges or mounds landward of the beach. Shallow flooding means the same as area af 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 buitding permit was issued, provided the actua{ 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 pifes, construction of columns, or any work beyond the stage of excavation or pfacement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filting; noc does it include the instal{ation of streets and/or walkways; nor does it inctude excavation far a basement, footings, piers or foundations or the erec#ion of temporary forms; nor does it include the installation on the property of accessory buiidings, such as garages or sheds not occupied as dweliing units or not part of the main buitding. For substantiai improvement, the actual start ofi construction means the first alteration of any wall, ceiling, floor, or other structurat part of a building, whether or not that atteration affects the externat dimensions of the building. Storm cellar means a ptace below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shetter against severe tomadoes or similar windstorm activity. Structure means for floodplain management purposes a walled and roofed buifding, including gas or liquid storage tank that is principal)y above ground, as weJ! 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 af the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addi#ion, or oth�r 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 actuat repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violatians of State of Florida or local health, san�ary, or safety code spec�cations, which have been ident�ied by the focal 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 af relief from the requirements of this ar#icfe. 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. Wafiercourse means a fake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specificatly designated areas in which substantial flood damage may occur. Wa�er surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) 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 afl areas of special flood hazard withir► the jurisdiction of the Village of Tequesta. Sec. 78-775. Basis for establishing areas of special flood hazacd. The areas of special flood hazard identif+ed 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 supparting data, and any subsequent revisions thereto, are adopted by reference and declaced to be a part of this artic{e. The Flood Insurance Study and Flood Insurance Rate Map are on file with the Village cferk. Sec. 78-776. Designation of floodplain administrator. The Viilage of Tequesta hereby appoints the Communiiy Development Director to administer and implement the provisions of this article and is herein referred to as the Floodpiain Administratar, Sec. 78-777. Establishment of development permit 12 Ord. No. 2-08 A development permit shall be required in conformance with the provisions of this article prior to the commenc;eme►zt of any development activities. Sec. 78-778. Compiiance. 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. S�c. 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 st�ingent restrictions shall prevail. Sec. 78-780. Interpretation. In the interpretation and application of this articte all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c} Deemed neither to timit nor repeal any other powers granted under State of Florida statutes. Sec. 78-781. Warning and disclairrrer 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. Viola#ion of ifie provisions of this article ar failure to comply w�h any of its requirements, incfuding violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall upon the issuance of an order by the Speciat Magistrate be punishable as provided in Chapter 162, F.S. Any person who vioiates this articte ar fails to comply with any of its requirements shaii, upon adjudication thecefore, be fined not more than $500, 13 Ord. No. 2-08 and in addition, shall pay all costs and expenses involveci 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. Permi# 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, s#orage of materials or equipment, drainage facilities, and the location of the foregoing. Spec�cally, 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) Efevation in relation to mean sea level to which any non- residentiat building will be flood-proofed; (3) Certificate from a registered professional engineer or architect that the non-residentiaf flood-proofed buifding 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 witl be altered or refocated as a resutt of proposed development; and (5) Elevation in relation to mean sea level of the bottom of the lowest horizontat structural member of the lowest ffoor and provide a certification from a registered engineer or architect indicating that they have developed and or reviewed the structural designs, spec�cations and plans of #he construc#ion and cert�ed that are in accordanoe with accepfed standards of practice in Coastal High Hazard Areas. (b) Construction Stage: Upon placement of the lowest floor, or floai-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 Fioodplain Administrator a certification of the NGVD or NAVD elevation of the lowest floor or flood-proofed elevation, or bottom of the lowest horizontal structural member as buiit, 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 cettification shai{ be at the permit holder's risk. The Floodptain Administrator shaA review the lowest floor and floa!-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, shaN be cause to issue a stop-work order for the project. Sec. 78-784. Duties and responsibilities of the floodplain administrator. Duties of the Administrator shall include, but are not be limited to: (a) Review perm"rts to assure sites are reasonably safe from flooding; (b) Review aN development permits to assure that the permit requirements of this articte have been satisfied; (c} Advise permittee that additional Fetferal, State of Florida, or local permits may be required, and if such addi#ional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.U5; 381.0065, and 553, Part iV, Florida Statutes, require that copies of such permits be provided and maintained on file with the deveiopment permit; (d) Notify adjacent communifiies, the Department of Community Affairs, Division af Eme�gency Management, the South F{orida Water Management District, the Federal Emergency Management Agency and other Federal andlor 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 artered or relocated portion of said watercourse so that the flood-carrying capacity is maintained; (#� Verify and record the actuaf eleva#ion (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-Zanes) of all new or substantially improved buildings, in accordance with Section 78- 786(b)(1) and (2) and Sectian 78-789(b), respectively; 15 Ord. No. 2-08 (g) Verify and record the actual elevatian (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 cert�ed pl�ns and spec�cations for compliance. When flood-proofing is utilized for a particular buikling, certification shall be obtained from a registered engineer or architect certifjring that all areas of the building below the required etevation are water tight with walls substantially impermeable to the passage of wa#er, and use structural components having the capability of resisting hydrostatic and hydrodynamic foads and the effects of buoyancy in compliance with Section 78-786(b)(2) of this article. In Coas#al High Hazard Areas, cert�cation 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 a�d hurricane wave wash. Additionally in Coastal High Hazard Areas, if the area below the lowest horizontaf 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(fl of this article; (i) Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict beiween a mapped boundary and actual field conditions, the Floodpiain Administrator shall make the necessary interpretation. The person contesting the location of the boundary sha{I be given a reasonable opportunity to appeal the interpretation as provided in this article; (j) 1Nhen base flood elevation data or floodway data have not been providet! in accordance with Section 78-775, the Floodplain Administrator shail abtain, 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 towest floor elevation above mean sea ievel (MSL) for all new construction, add+tions and substantial improvements to existing structures shail be 8.5 feet (MSL), 18 inches above the crown of any road, street, cul-de-sac or highway, or meet the applicable requirements in Sections 78-786 through 7&789 of this article, whichever is more stringen#. Sec. 78-786. Provisions for flood hazard reduction. (a) General standards: In all areas of special flood hazard, al{ deveiopmer�t sites including new construction and substantial improvements shail be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shalt be designed ar mod�ed and adequately anchored to prevenf flotation, collapse or iateral movement of the structure resulting from hydrodynamic and hydrostatic foads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or (ateral movement. Methods of anchoring may include, but are not lirr�ited to, use of over-the-top or frame ties to ground anchvrs. This standard shali 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 materiats and utility equipment resistant to flood damage. See the applicable Technical Bulletin or Bulletins for guidance; (4) New constcuction or subs#antial imp�ovements shall be constructed by methods and practices that minimize flaod damage. See the applicable Technical Bulletin or Bulletins for guidance; (5) Eleatrical, heating, ventilation, pfumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/ar 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; l7 Ord. No. 2-08 (7) New and replacement sanitary sewage systems shalf be designed to mirtimize or eliminate infiltrativn of flood waters into the systems and discharges from the systems into flood waters; (8) On-s�e 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 #hat 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 additiona! 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 developmen# 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 Concem, and Chapter 553, Part IV, Florida Statutes, Florida Building Code. (cc) Department of Health: in accordance with Chapter 381.0065, Ftorida Statutes, Onsite Sewage Treatment and Disposal Systems. (dd) Department of Environmental Pratection, 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 consisten# with the need to minimize flood damage; (bb) A!1 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) Atl subdivision proposals shalf have adequate drainage provided to reduce exposure to flood hazards. (b) Spec�c standards: In all A-Zones where base flood elevation data have been provided (Zones AE, A1-30, and AH), as set forth in Section 78-775, the following provisio�s shalf apply: (1) Residential Construction. All new construction or substantial improvement of any residential building (including manufactured home) shali have the fowest floor, including basement, elevated to no lower than one foot above the base flood elevation. Should sotid 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-residentiai building (including manufactured home) shait have the lowest floor, including basement, elevated to no lower than one foot above the base flood elev�tion. All buildings located in A- Zones may be flood-proofed, in lieu of being etevated, provided that alt areas of the building camponents below the base flood elevation plus one foot are water tight with walls substantially impermeabie to the passage of water, and use stn�ctural camponents having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professionaf engineer or architect shall certifjr that #he 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 fuily enclosed areas fom�ed by foundation and other exterior walls below the lowest floor elevatian 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 an 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 finro 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 mus# 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 (standarcl exterior door), or entry to the living area (stairvvay or elevator); anci (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 A1-30, AH, and AE, on si#es (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 subcfivision on which a manufactured home has incurred "substantial damage" as the resuft of a flood, the lowest fioor be elevated on a permane�t 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 laterat movement. (bb1 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 eievation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at ieast an equivaient 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 laterat movement. (cc) All recreational vehicles placed on sites within Zones A1-30, 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 si#e 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. 2-0$ (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 estabiished 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 shali also apply. (aa) Until a regulatory floodway is designated, no new construction, substantial improvements, or other deve(opment including fill shall be permitted within the areas of special flood hazard, unless it is demonstrated that the ceamulative effect of the proposed development, when combined with al1 other existing and anticipated developmen# witl not increase the water surface elevation of the base flood more than one foot at any point within the Village. (bb) Deveiopment activities which increase the water surtace 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 conditiona{ F1RM revision, and receives the approval of the Federal Emergency Management Agency. (7) Floodways. Located within areas of special flood hazard established in Section ?8-775, 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 foAowing additional provisions shal! also apply: (aa) Prohibit encroachments, including fill, new construction, substantial improvements and other developments within the regulatory floadway 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 d�scharge. (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) Developmen# 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 conditiona! FIRM revision, and receives the approval of FEMA. (dd) When fill is proposed, in accordance with the permit issued by the F{orida 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 78-7$6(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 Sectiort 78-775, whichever is higher. Atl non-elevation design requirements of Section 78-789 shail appty. Sec. 78-787. Specific standards for A-Zones wi�out 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 foilowing provisions shatl apply: (a) Require standards of Section 78-786(a). 23 Ord. No. 2-08 (b) The Floodplain Administrator shail obtain, review, and reasonably utilize any base floa! etevation and floodway data availabfe from a Federal, State of Florida, or any other source, in order to administer the provisions of this article. When such data is utiiized, provisions of Sec#ion 78-786(b) shall apply. The Floodplain Administrator shaN: (1) Obtain the el�vation (in reiation to the mean sea tevel) of the lowest floor (including the basement) of all new and substantiaily improved structures, (2) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 78-786(b)(2), the eleva#ion 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, NFlP 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. (fj When the data is not availabie 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 adjaoent grade. (g) Require that aN 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 etevation data. Sec. 78-788. Standards for AO,Zanes. 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 foNowing provisions apply: 24 Ord. No. 2-08 (a) All new construction and substantial improvements of residentia! 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 spec�ed in feet on the Fiood insurance Rate Map. If no flnod depth number is specified, the lowest floor, including basement, shall be elevated to no less than finro 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 lowes# floor, including basement, shall be elevated to at {east two feet above the highest adjacent grade, or (2) Together with attendant utility and sanitary facilities be completely floodproofed to that levef to meet the floodpraofing standard specified in Section 7&?86(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,Zonesj. Lacated within areas of specia! flaod hazard established in Section 78-775 are Coastal High Hazard Areas, designated as Zones V 1-30, VE, or V(with BFE). The following p�ovisions shall apply for all development activities: (a) Meet the Requirements of Section 78-783, and Section 78-786(a) and (b) jexcept (b)(7)j, Section 78-7$7 and Section 7&788. (b) AI! new constn,iction 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 lawest horizontal structural member of the lowest floor {excluding the pilings or columns) is elevated to no lower than one foot above the base floai elevation whether or not the structure cantains 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 appficabie State of Florida or locat, if more stringent than those of the State of Fforida, bui(ding standards. (c) A registered professional engineer or architect shall develop or review the stn�ctural design, specifications and plans for the c�nstruction, 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 #he lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. Tfie Floodplain Administrator shalt maintain a record o# all such information. (e) Atl new construction and substantial improvements shall be located landward of the reach of inean high tide. (� Provide that al1 new constructian and substantial improvements have the space below the lowest floor either free of obstruction or constrtacted with nonsupporti�g 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 eievated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance af 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 Iocal 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 resul� from water toad 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 simultaneousty on all building - components (structural and nonstructuraf). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicabfe F{orida or Iocal, if more stringent than those of the State of Florida, building standards. 26 (Jrd. No. 2-U8 (iii) Such enclosed space shall be useable solely for parking of vehicies, building access, or storage. Such space shall not be finished, partitioneci into muitiple rooms, or temperature- controlled. (g) Prohibit the use of fil! for structural support. No development permit sl�all be issued for devetopmerrt invoNing fiH in coastal high hazard areas unless it has been demonstrated through appropriate engineering ana(yses that the subject fitl 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 cond�ional F(RM revision, fulfilling the requirements for such revisions as established by FEMA. (h) Prohib� man-made alteration of sand dunes and mangrove stands that wouid increase poten#iat 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) Recreationaf vehicles placed on srtes 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 ful{y 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 Secfiion. (iv) Prohibit the placement of recreational vehicles, ext;ept in an existing recreationaf vehicle park. They must be on site for iewer than 180 consecutive days, fufly licensed and ready #or highway use ton its wheels or jacking system, is attached to the s�e by quick disconnect type utilities and security devices, and has no permanent{y attached additions). They shali afso 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 stru�turat 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 Envi�onmentat Protection or the base flood elevation, whichever is the higher. All non-elevation design requirements of paragraphs (b) through (k) shall apply. (!) When fi11 is proposed, in accordance with the permit issued by the Florida Department of Health, in coastai high hazard area, the development permit shail be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surFace elevation of the base fiood r�or cause any adverse impacts ta adjacent properties by wave ramping and defiection. Sec. 78•790. Variances and appeals. The Board of Adjustment as established by the Village of Tequesta in Section 78-G2 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, ar determination is made by the Floodplain Management Administrator in the enforcement or adminis#ratron 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 Pracedures. In acting upon such applications, the Board of Adjus#ment shal! consider all technical evaluations, all relevant factors, standards spec�ed 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 servic:es provided by the proposed facility to the Viilage; (e) The necessity to the facility of a waterfront location, where appticable; 28 Ord. No. 2-08 (fl The availability of alternative tocations for the proposed use which are not subject to flooding or erosion damage; (g) The compatibiliiy of the proposed use with existing and anticipated development; (h} The re{ationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) The safety of access to the properiy in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment af transport of the flood waters and the efFects of wave action, if applicabte, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, inctud'+ng maintenance and repair of public utilities and facilities such as sewer, gas, etectricai, and water systems, and streets and bridges. Sec. 78-793. Conditions fior variances. (a) Varianoes 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 wili 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 locaf laws or ordinanc;es. (b) Variances shalt only be issued upon a determina#ion 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 just�cation for their issuance or denial, and report such variances in the Vil{age's NF1P Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. Sec. 7$-794. Variance notiflcation. 29 Ord. No. 2-08 Any applicant to whom a variance is granted shail 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 insuranoe up ta amounts as high as $25 for $100 of insurance coverage, and (b) Such construction below the base flood lavel 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 iR the chain af 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 rufing or finding shaN not affect the remaining portions of this Ordinance, which shait remain in fult force and effect. Section 5: Repeal of Ordinances in Conflict All ordinances or parts of nrdinanc;es in conflict herewith are hereby repealed. Sect�on 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, 2�08, 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 adaption. 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 14 day of February 2008. R OF TEQUESTA � ��„������������,,,,,,��� a ���.a�� OF j�� .,, im Humpage .�` � ATfEST: y,.'��,GpAP0q94G��, ` _ �� �: D : I Ql,�- rY� � tQ.�.[.�- ;.. �NCOAP pqq - Lori McWilliams CMC `�� r�Q •� : Village Clerk � ��'�,9�F?` 4� 19��P l i, ' �����'''����F�L����� `, � I 31 Ord. No. 2-08