HomeMy WebLinkAboutDocumentation_Regular_Tab 18_12/08/2011 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 22-11
Dec. 8, 2011
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
FIRST READING ORDINANCE 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 1-11, WHICH 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.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
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.
APPROVALS: SIGN .
Department Head
Finance Director
Reviewed for Financial Suffi ' ��
No Financial Impact �
Attorney: (for legal sufficien )
Village Manager: �� �
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
•SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
• VILLAGE OF TEQUESTA
DEPARTMENT OF COMMUNITY DEVELOPMENT
Stoff Report — Council Transmittal Hearing —12.8.11.
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 Xll. Flood
Damage Prevention- to comp(y 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 Preventi�n 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.
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Department of Community Development — Comprehensive Plan Text Amendment- Lowest Floor Elevation
Comprehensive Plant Text Amendment
� The proposed text amendment to the Com rehensive Plan rovides a chan e to the Future Land
P P g
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 °*�"-° }��^,�^" and new language is underlined and bold:
Policy: 1.7.4. A minimum "�'°" "��* �'^^� lowest floor elevation above mean sea level (MSL) for all
new construction, additions and substantial improvements to existing structures shall be °.�
^� °�� '^••^' ^� 18 inches above the crown of any road, street, cul-de-sac or highway. ��
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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 floor 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=6ase Floor Elevation). By leaving this standard in, Village of
Tequesta residents are not receiving credit towards their Community Rating Service from
� ISO.
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Department of Community Development — Comprehensive Plan Text Amendment- 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 Plan 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 Plan Text amendment to the Future Land Use Element recognizes the
critical role of providing consistency between policies and requlations that affect development as
well as residents of the Village of Tequesra.
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.
•
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Department of Community Development — Comprehensive P/an Text Amendment- Lowest Floor Elevation
ORDINANCE NO. 22-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
i 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 I1vITIATED 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
SEVERA.BILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida ha.s mandated that all municipalities
draft and adopt comprehensive development plans to provide thorough and consistent planning with
regard to land within their corpora,te 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 Sta.te Department of Commuruty Affairs and
after the proposed amendment of the plan was returned to the Village of Tequesta, in accordance with
Cha.pter 163.3184(3), Florida Statutes; and
WHEREAS, the Village Council desires to ad.opt 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 atta.ched hereto and made apart hereof as if fully set
� forth herein.
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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 Sta.tutes.
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 sha11 be the da.te 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 eazlier. 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 sta.tus, 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 REA.DING this day of , 2011.
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U.S. Department of Homeland Security
Region IV
300? Chamblee'll�cker Road
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Atlanta, GA 30341
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� �� �:� FEMA
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� September 26, 2007
Mr. Michael Couzzo �
Village Manager
Village of T�questa
P.O. Box 3273
250 Tequesta. Drive, 3uite 300
Tequesta, Florida 33469-0273
Reference: National Flood Insurance Program (NFIP) Comrnunity Assistance Visit (CAV}
Dear Mr. Couzzo:
This is a follow-up to the CAV that the Federal Emergency Management Agency (FEMA)
conducted in. the �lillage of Tequesta on August 8, 2007. Susan Wilson, of our sta.ff,
conducted the CAV. Ms. Catherine Harding, Com.munity Development Director, represen.ted
the Village of Tequesta..
CAV Fiadines
� It appeazs tha.t 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 permits were issued from January 1, 2003, to August 1, 2007, the time period
under review. The ma.jority 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 ha.ve been no permits issued for the floodproofing
of non-residential buildings. There are no m�nufactured home parks or subdivisions located
in the Village of Tequesta and no permits were issued to locate manufactured homes or travel
trailers within the corporate li.mits.
During the period under review, the Village of Tequesta had not received aiiy requests for
variances from the provisions of the Flood Damage Prevention Ordinance. The Village of
Tequesta. has not had any developments involving i.mprovements to a historic struc;ture.
The Village of Tequesta. requires the submission of an "as-built" lowest floor elevation
certificate for all new construction and substantial im.provements to existing structures,
includi.ng those that aze located in the moderate and low flood risk zones (Zones B, C, and X
on the Flood Insurance Rate Map (FIR1V�). This is a very good practice and it will prove
� beneficial for flood insurance rating when the FIRMs are revised because it will provide
documenta.tion concerning the FIRM zone an.d elevation in effect at the time the building was
constructed.
www.fema.gov
N1r. Michael Couzzo 2
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 mad, whichever is greater.
� Please be ad.vised that in the NFIP Regulafiions, the term "lowest floor" i.s used instead of
"finished floor". There are siivations when an unfinished floor azea may be considered the
lowest floor of the structure for both floodplain management and flood insurance rati.ng /
purposes.
The �illage of Tequesta has developed and utilizes a plan submittal checklist for all pro�sed
developments. A survey is required as a part of the submittal for a building permit. 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 encourage the
Village of Tequesta to verify the accuracy of the flood zone and BFE provided. in the
subm.ittal.
The Village of Tequesta has an established policy of requiring an appra.is�1 in order to
determine whether or not proposed improvements to existing structures constitute substantial
improveYnents that require compliance with current codes and regulations. Enclosed, for
your use, is a list of those items thax are included and excluded in. the calculation and
determination of substantial impmvements.
During the CAV, the development per�mit files and final "as-built" Eleva�.on Certificates for
shvctures completed since January 1, 2UO3, were reviewed. Some files contained Elevation
Certificates that reference the elevation of the buildi.ng while it was under construction. Tlus
perhaps stems from the requirement in. the Tequesta Code (Section 78-782) that requires
� submission of a"tie-in survey", ra.ther than submission of the Elevation Certificate �seci on
completed construction. Please be advised that no structure located i.n. a SFHA should be
issued a certificate of occupancy unless an Elevation Certificate based on the "finished"
construction has been submitted, reviewed and detesmin.ed to be complete and compliant
with a11 applicable codes. The critical di,fference,s are that the Elevation Certificate based on
finished construction will in.dicste 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 aaso used in
calculating the flood insurance premium for a struct�ne.
One Elevation Certificate that was reviewed referred to an incorr�ct BFE. Perhaps this was
as a result of confusion about the Village of Tequesta.'s requitement that the "Minimum
finish first-floor elevation above mean sea Ievel (MSL) for a11 new construction, additions
and substantial improvements to existin� structures shall be 8.5 feet (MSL}, 18 inches above
the crown of any mad, street, cul-de-sac or highway or meet the requirements of article XII
of this chapter pertaining to flood hazard areas, whichever is more stEingent." The Elevation
Certificate should always refer to the BFE indica:ted on the current, effective FIRM. Also,
consistent use of the term "lowest floor" should be made, rather than "finished floor",
"finished first floor", "lowest fmi.shed floor" or "lowest habitable floor". The regulations of
the NFIP refer only to the term "lowest floor", a criti.cal 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 provide a second signature across the raised sea1. We
sixongly advise that the Village of Tequesta. accept for its records only original Elevation
Mr. Michael Couzzo 3
Certificates. Copies, facsimiles or other reproductions should not be accepted as the
Village's official records.
� As discussed during the CAV, please obtain the correct and final Elevation Certificates for
the following structures:
1) 129 Point Circle, Permit #02-000910; no Elevation Certificate on file
2) 108 Intercoastal Circle; Elevation Certificate on file referenced "building under
construction"
3) 25 Bay Harbor Road; Elevation Certifiicate on file referenced incorrect BFE
We have reviewed the sections of the Tequesta Code that rela.te 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
ava.ilable through the Municode.com website. We ha.ve concerns that some of the terms may
be confusin.g or contradictory. It appears tha.t a number of regulation chaages, including the
addition and revision of a num.ber of defiuitions, ha.ve occurred since the ordinance was
adopted. We strongly recommend that the Village of Tequesta revise and update its
ordinance. To assist the Village, enclosed �s a copy of the Sta.te of Florida's sample Flood
Damage Prevention Ordi.nance. We will also be sending the Florida sample flood damage
prevention ordinance to Ms. Hardi.ng electronically. Since the Village of Tequesta has
expressed an interest in. improving its standing in. the Community Ratin.g System (CR5)
program, for consideration, the emaal message transmitting th�e sample ordinance will include
a number of higher regulatory standards that would receive CRS credits. At a minimum, we
�� strongly reconamend the a,doption of at least a one-foot "freeboard" for all new construction
and substani;ial. im rovements in the designated SFHAs.
Without baving reviewed the defi.nitions, or reviewing all other sections of the Tequesta.
Code, it would appear that a number of requirements of the NFII' have been omitted from
Article XII. In order to bring the Tequesta. Code secti.ons related to flood damage prevention
into compliance with the cunent NFIP Regulations, the following revisions and additions
would be required:
1. Add definitions for "Iowest floor", "functionally dependent use", "historic struchue",
and "substantial damage". .
2. Revise the definitions for "basement", "Coastal High Hazard Area", and
"development".
3. Revise the definitions of "flood, 100-year" and "floodpla.in area having special flood
ha�ard" to refer to either the base flood or the flood ha.ving a one percen.t �hance of
being equaled or exceeded in any given year.
4. Add a reference to the Flood Insurance Study (FIS) and date. Gonsider adding
automa.tic adoption language that automatically adopts any future revisions to the FIS
and accompanying FIRMs.
5. Amend Section 78-773 (1) to require tha.t "Proposed structures and substantial
� improvements to existing structures in the SFHAs shall be required to have the lowest
floor, including basemen Non-residential structures,
together with attendant utility and sanitary facilities shall be designed so that below the
base flood level the siruciure is waterti.ght with wa11s substantially impermeable to the
Mr. Michael Couzzo 4
passa.ge of water and with structural components having the capability of resisting
hydrosta.tic and hydrodynamic loads and effects of buoyan.cy. Provide that where a
non-residential structure is intended to be made watertight below the base flood level,
� (1) a registered professional engineer or arclutect shall develop and/or review structural
design, specifications, and plans for the construction, and sha11 certify that the design
an.d methods of consiruction 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 State and Federal permits are obtained, as required by Section
60.3(a)(2) of the NFIP Regulations.
7. Arnend the subdivision section to require the "review of subdivision proposals and
other development, including manufactured home parks or subdivisions, to determ.ine
whether such pmposals will be reasonable safe from flooding". If such proposals are in
a flood.prone area, assure that such pmposals minimize the potential for flood damage.
8. A.mend either the subdivision section or 3ection 78, to require that for development
proposals in areas designated as approximate Zone A, when the development would be
greater tha.n 50 lots or 5 a.cres, that the proposals include base flood elevation data that
would be used to regulate the development.
9. Amend Section 78-782 to require a final "as-built" elevation certifica.te on the FEMA
Elevation Certificate form (FEMA Form. 81-31) to verify buildi.ng compliance prior to
issuance of the certificate of occupancy. We encourage the Village of Tequesta. to
contiaue to require the submission of the "tie-in survey" to confirm tha.t the building is
at the correct elevation prior to construction of the wa11 system.
10. Add a pmvision, to require notification of adjacent communities, the State NFIP
'� Coordinating Office and FEMA of any proposed watercourse alterations and
relocations, 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 Section 60.3(b)('1} of the NFIP Regulations.
12. Unless specifically prohibited by the Tequesta. Code, add all provisions related to the
elevation and anchoring of manufactured (mobile) homes placed in SFHAs. These
Regulations are 60.3(b)(8), 60.3(c)(6), 60.3(c)(12), and 6p.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. Amend Section 78-773(1) to require that, if a non-residential structure is granted an
exception that allows floodproofing, that "a state-licensed professional engineer or
architect 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 NFIP Regulations.
15. Add provisions that for all new construction and substantial improvements, that fully
enclosed. areas below the lowest floor that are used solely for pazking af vehicles,
buildi.ng access or storage in an area other than a basement, sha11 be designed with
flood. openings to automati.cally equalize hydrosta.tic flood forces on exterior walls by
allowing the entry an.d exit of floodwaters in accordance with the specifications i.n
Section 60.3(c)(5) of the NFIP Regulations.
16. For all new construction and substantially impmved structures in the Coastal High
Hazard Area, add a provision to require that a state licensed professional engin.eer or
� azchitect certify that the design and methods of construction meet the elevation and
anchoring requirements of Section 60.3(e)(4)(i) an.d (u) of the NFIP Regulations. We
will be happy to provide the Village of Tequesta with the sample VE-Zone foundation
and a�chorin.g certification form.
N�r. Michael Couzzo 5
17. Add a provision to Section 78-280 to prohibit man-made alteration of saad dim.es and
mangrove staads, which would increase potential flood damage, as required by Seetion
� 60.3(e)(7) of the NFIP Regulations.
We would be happy to assist the Village of Tequesta with the revisions to the ordi.nance.
When the flood ordinance is revised, please provide us,with a certified copy for our records.
If we ma.y be of any assistance to the Village of Tequesta, please conta.ct Susan Wilson by
telephone at 770-220-5414 or by email at susan.��'ilsa�i(�dlis.�.
�
�rely,
f 5 --'
` �'`•a ,—'`.�� �r-%:.�- �...� . ':S:• �r� r � I
I' L �rasad Inmula, Acting Chief
i.;� Floodplain Mana.gement and Insura.nce Branch
Mitigation Division
Enclosures
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� ORDINANCE NO. 2-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAQE OF TEQUESTA, FLORIDA, REPEALING
ARTICLE lll. COASTAL PROTECTION. OF CHAPTER 50.
NATURAL RESOURCE PROTECTION.; AMENDING
CHAPTER 78. tONING. 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'3 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.; PR�VIDING 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 re�sponsibility to local govemment
units to adopt regulations designed to promote 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 of commerce and governmental services, extreordin�ry
public expenditures for flood pro#ection and relief, and impairment of the tax
base, al! of which adversely afFect the public health, safety and general v�l�are;
� WHEREAS, these fl�d 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 �Ilage Council of the �Ilage of Tequesta desires to
promote the public hea�th, safety and general welfare and to minimize public and
� private losses due to flood conditions in spec�c areas; and,
� (b) Require that uses vulnerable to floods including facilities which
serve such uses be protected against flood d�mage throughout their
intended life span;
(c) Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodai�on
of flood waters;
(d) Control filling, grading, d�ging and other development which may
increase erosion or flood damage; and
(e) Preverrt or regulate the construction of flood barriers which will
unnaturally divert floalwaters or which may increase floal hazards
to other lands.
sec. 7s-7T2. objectives.
The objectives of this article are to:
(a) Protect human life, heafth and to eliminate or minimize property
damage;
(b) AAinimize expenditure of puWic money for c�stly flood control
� p ���
(c) Minimize the need for rescue and relief efforts associated with
fl�ding and generally undertaken at the expense of the general
public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public tacilities and utilfies such as wat+er and
gas mains, electric, telephone and �r lir�, roadways, and
bridges and cu(verts 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 that potentiat homebuyers are notified that property is in a
flood hazard ar�a.
Sec. 78-773. Definitions.
Unless specificalty d�ned below, words or phrases used in this articte
sha0 be interpreted so as to give them the meaning they have in common usage
and to give this article its most reasonable apptication.
�
3 Ord. No. 2-08
� 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 (NAVD) of 1988.
Development means any man-made change to improved or unimproved
real estate, including, but not tirnited to buildings or other struotures,
mining, dredging, filling, grading, paving, excavating, drilling operations, or
storage of materials or equipment.
Elevabed building means a non-basement building built to have the
lowest floor elevated above the ground level by foundation walls, posts,
piers, columns, pili�gs, or shear wa11s.
Encroachment means the advance or infringement of uses, plant growth,
fill, excavation, buildings, permaner�t structur9es or devetopmerrt into a
floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Construc�on means, for the purposes of floodplain
management, structures for virt�ich "the start of construcfion" commenced
before the data of the initial Flood Insuranoe Rate Map (FIRM). Existing
� construction, means for the purp�es of determining ra�s structur�es for
which the "start of construction" commenc�l before the effective date of
the fir�t FIRM or before January 1, 1975, for FIRMs effective before that
date. This term may also be referred to as "existing structures".
Existing manufac�red home park or subdivision. Manufactured home
parks or subdivisions are prohibited within the Vitlage 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 normaUy dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface
waters fran any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by
flooding as defined in paragraph (a) (2) of this definitior� and
are akin to a river of liquid and flowing mud on the surFacx
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
� 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 oombination of structural and non-structural
additions, changes, or adjustments to structures, which reduce or
eliminate flood damage to real esta�e or improved real property, water and
sanitary facilities, structures and their contenfis.
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 add�ional height, usually expressed as a factor of
safety in fee#, above a flood level for purposes of floodplain management.
Freeboard tends to c:ompensate 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 fl�d and floodway conditions.
Free of Obstrucl�on means any type of I�r area enclosure or other
construction element that will obstnact the flow of velocity water and wa�
action beneath the lowest horizontel 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 veloc+ty zones (V Zones).
Functionally dependent use means a use that cannot be used for �ts
intended purpose unless it is located or carried out in close proximii�r to
water, such as a dodcing or port facility necessary for the loading and
unloading of cargo o� passengers, shipbuilding or ship r�eepair. The term
does not include long-term storage, manufacture, sales, or servioe
facilities.
Hardship as related to variances from this articte means the exceptianal
hardship associated with the land that would result from a failuroe to grant
the requested variance. The Village r�uires that the variance is
exceptional, unusual, and peculiar to the property involved. Mere
economic or flnancial 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 varianoe, even if the altemative is more
7 4rd. No. 2-08
t (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 d�signed to be used
with or without a permanent foundation when connected to the r�equired
utilities. The fierm also includes park trailers, travel trailers, and similar
transportable structur+es placed on a site for 180 consecutive days or
longer and intended to be improved property. Manufac�ured housing is
prohibited within the Village of Tequesta except when permitted as
temporary facil�ie�.
Manufactured home park or subdivision means a pan;el (or contiguous
paroels) of land divided into two or more manufactured home lots for rent
or sale.
Market value means the building value, which is the property vaiue
exctuding the land value and that of the detached acxessory structures
and other improvemerrts on site (as agreed to between a willing buyer and
sel�r) as established by what the local real estate market will bear. Market
value can be est�blished 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 al{ stages of the
tide. It is used as a refierence for establishing various elevations within the
floodplain. For purposes o# this article, the term is synonymous with
National Geodetic Vertical Datum (NGVD) of 1929, or Nord� American
Vertical Datum (NAVD) of 1988.
Nstional Geodstic 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 c�e, ordinance, or
standard based upon specific 1�nical base flood elevation data that
establishes the area of special flood hazard (include only one date). The
term also includes any subsequent improvemerrts to such structures. For
flood insurance rates, struc�ures for which the start of construction
commenced on or after the efFective date of the date of an initiat 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
• 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 speaial 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 wifhin 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 srte, such as the pouring of
slabs or footings, ins�llation of piles, construction of columns, or any work
beyond the stage of excavation or plaoement of a manufactured home on
a foundation. Permanent construction does not include land preparaation,
such as clearing, grading and filling; nor d�s it indude the instaliation 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 acoessory 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 atteration of any wafl, ceiling, floor, or other structural part
of a building, whether or not that afteration affects tf�e external dimensions
of the building.
Storm cellar means a piave below grade used to acoommodate
occupants of the structure and emergency supplies as a means of
temporary shetter against sever+e tomadoes or similar windstorm activiiy.
Structur+e means for floodplain management purposes a walled and
roofed building, including gas or liquid storage �nk that is principall�r
above ground, as well as a manufactured home.
Substanpal damage means damage of any origin sustained by a
s#ructure whereby the cost of restoring the structure to its before damaged
condfion would equal or exc�ed 50 percerrt of the market value of the
structure before the damage occurred.
Substantial improvement means any reconstruction, rehabiNtation,
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 improveme�rt. This term indudes
11 Ord. No. 2-08
� A development permit shall be required in conforma�ce 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
structuratly aftered without fu11 compl'�ance with the terms of this artide and other
app{icable r�ulations.
Sec. 78-779. Abrogation and greater restr�ctions.
This article is not intended to repeal, ab�ogate, or impair any exisfing
easements, covenants, or deed restrictions, Howeve�, where this article and
another conflict or overlap, whichever imp�es the more stringent r+estrictions
shall prevail.
Sec. 78-780. Infierpretation.
!n the interpretation and application ofi this article ali provisions shall be:
(a) Considered as minimum rpquirements;
(b) Uberatly construed in favor of the goveming body; and
� (c) Deemed neither to limit nor nepeal 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 artide is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and wiil ocxur on rare ocxasions. 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 witl be free from flooding or flood damages. This article shatl not create
liabilily on the part of the �Ilage of Tequesta or by any otficer or employee
thereof for any flood damages that result from reliance on this article or any
administrative decision lawfulty made thereunder.
Sec. 78-782. Penalties for Violafion.
Uoiation 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 is�suanc�
of an order by the Special Magistrate be punishabte as provided in Chapter 162,
F.S. Any person who violates this articte or fails to comply w+th any of its
requirements shall, upon adjudication therefore, be fined not more than $500,
�
13 Ord. No. 2-08
� sea level. Said certification shall be prepared by or under the direct
supervision of a registered fand surveyor or professional engineer
and oertified by same. When flood proofing is utii�zed for a
particular building s�id certi�c:ation shall be prepared by or under
the dire�t 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 �ing permitted to prooeed
shall correct violations defieCted by such review. Failure to submit
the survey or failure to make said corrections required hereby, shall
be cause to issue a stop-work order for the project.
Sec. 78-784. Duties and r�esponsibilitie�s of the floodplain administrator.
Duties of the Administrator shall indude, but are not be limited to:
(a) Review permits to assure sites are �+easonably safe from_ flo�ing;
(b) Review all development permits to assure that the permit
requirements of this article have b�n satisfied;
� (c) Advise permittee that additional Federal, State of Florida, or local
permits may be r�uired, and if such additional pertni�ss are
necessary, especially as it relates to Chapters 161.053; 320.8249;
320.8359; 373.036; 380.05; 381.0065� and 553, Part IV, Flo�da
Statutes� require that copies of such permits be provided and
maintain� on file with the developmerrt permit;
(d) Notify adjacerrt communities, the Deparfine►rt of Community Affairs,
Division of Emergency Management, the South Florida Water
Management District, the Federal Emergency Managemerrt Agency
and other Federal and/or State of Florida agencies wid� 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 flo�-canying capacity is
maintained;
(fl Verify and record the actual elevation (in relation to mean sea level)
of the lowest floor (A-Zones) or bottom of the lowest horizor�tal
structural member of the lowest floor (V Zones) of all new or
substantially improved buildings, in acxordance with Section 78-
786(b)(1) and (2) and Section 78-789(b), respectively;
�
15 Ord. No. 2-08
� Minimum lowest floor elevation above mean sea level (MSL) for all new
construction, additions and substantial improvements to exisring structures shall
be 8.5 feet (MSL), 18 inches above the crown af any road, street, cul-de-sac or
highway, or meet the applicabfe r+equrrements in Sections 78-786 through 7&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 developmerrt sites including new
construction and substantial improvements shall be reasonably safe from
flooding, and meet the following provisions:
(1) New construction and substantial improvement,s shall be
designed or modified and adequately anchor�ed io prevent
flotation, coliapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic foads, including
the effects of buoyancy;
(2) Manufactured homes shall be anchored to preverrt flotation,
collapse, or lateral movement Methods of anchoring may
include, but are not limifed to, use of over-the-top or frame
� ties to ground anchors. This standard shali be in addidon to
and consistent with applicabie State of Florida requirements
for resisting wind forces;
(3) New construction and substantial improvements shall be
constructed with materials and utility �uipment resistant to
flood damage. See the applicab�e Technical Bulfetin or
BuNetins for guidanoe;
(4) New construction or substantial improvemer�ts shall be
oonstructed by methods and practices that minimize flood
damage. See the applicab� Technical Bulletin or Bulletins
for guidance;
(5) Electrical, heating, ver�tilation, plumbing, air conditioning
equipment and other service facilities, including duct work,
shalf be designed and/or located so as to prevent water from
entering or acxumulating within the componer�ts 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
, (aa) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(bb) Ail 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;
(c�) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
hazards.
(b) Specific standards:
In all A-Zones where base �lo� elevation data have been provided
(Zones AE, A1-30, and AH), as set forth in Secfion 78-775, the fotlowing
provisions shalf apply:
(1) Residentiat Construction. All new construction or substantial
improvement of any residential building (including
manufadured home) shail have the lo�n�st floor, including
basement, elevated to no lower than one foot above the
base flood elevation. Should solid foundation perimeter walls
• be used to e�vate a struc:ture, openings sufficient to
facilitate automatic equalization of flood hydrostatic forces on
both sides of the exterior walls shall be provided in
accordance with s�ndards of paragraph (b)(3) of this
Section.
(2) Non-Residentiat Construction. AII new construction or
substantial improvement of any commercial, industrial, or
non-res�ential building (including manufac�ured home) shafl
have the lov�st floor, including basemerrt, elevated to no
lower than one foot above the base flood elevation. AII
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
uwater 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 satisfi�l using the FEMA Floodproofing
Certificate. Such certfication along with the corresponding
engineering data, and the operational and maintenance
plans shall be provided to the Floodplain Administrator.
•
19 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 ma�ufactured home has incurred "substantial
damage" as the nesult of a flo�, the lowest floor be
elevated on a perma�ent foundation to no lower than
one foot above the base flood elevation and be securety
anchored to an adequately anchored foundation system
ta resist flotation, cotlapse, and lateral movement
(bb) AII manufactured homes to be placed or sul�.stantially
improved in an existing manufactured home park or
subdivision v�in Zones A-9, AH, and AE, that are
not sub�eCt to the provisions of paragraph (b)(4)(aa) ofi
this Section, must be elevated so that either:
(i) The lov�est floor of the manufactured home is
elevat�l to no lower than one foot above the
base flood elevation, or
(ii) The manufacivred home chassis is supported
by reinforoed piers or other foundation
etemer�ts of at least an equivalent sVength that
• are no less than 36 inches, or 48 inches if one
foot of free�ard adopted, in height above the
grade and securety anchored to an adequate
foundation system to resist flotation, collapse,
and lai�eral moveme�rt.
(cc) All recreational vehides plac�d on sitees within Zones
A1-30, AH, and AE must either:
(i) Be on the sitee 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 o�ly by quick disconnect type utilities
and security devices and has no permanerrtly
attached additions), or
(iii} Meet atl the requir�ments for new canstruction,
including anchoring and elevation requirements
in accordance with paragraphs (b)(4)(aa) and
(bb) of this Section.
�
21 Ord. No. 2-08
• any increase in flood levels during ocxurrence of the
base �ood discharge.
(bb) Prohibit the placement of manufactured homes
(mobile homes), except in an existing manufactured
homes (mobile homes) parlc or subdivision. A
replacement manufaotured 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 s�ndards of
Section 78-786(b)(1) and (2), and the encroachment
standards of Section 78-786(b)(�(aa), are met.
(cc) Development activities including new construction and
substan�al improvements that increase the water
surface elevation of the base flood by more than one
foot may be allowed� provided that the developer or
appticaM first applies, with the Village's endorsement,
for a condfional FIRM revision, and receives the
approval of FEMA.
(dd) When fili is proposed, in ac�ordance 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)('�(aa).
(8) For all structures located seaward of the Coastal
Construction Control Line (CCCL), the lowest floor of all new
construc�iion and substantial improvements shall be e�vated
to the regulatory flood elevation established by the Florida
Departrnent of Environmental Protection or by FEMA in
accordance with Section 78-775, whichever is higher. All
non-elevation design requirements of Section 78-788 sha11
apply.
Sec. 78-787. Specific standards for A,Zones without bas� Aood 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 da� and
regulatory floodway have been provided or designated by the Federal
Emergency Management Agency, the foNowing provisions shall apply:
(a) Require standards of Section 78-786(a).
•
23 Ord. No. 2-08
• (a) Atl new construction and substantial improvements �f residential
structures in all AO Zones shall have the lov�rest fl�r, including
basement, elevated above the highest adjacent grade at least as
high as the depth number specifled in feet on the Floa! Insurance
Rate Map. If no fload depth number is specified, the low�est floor,
including basement, shaN be elevated to no less than two feet
above the highest adjac�t grade.
(b) All new construction and substar�tiai improvements of non-
residentia{ structures shaN:
(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 Insuranae Rate Map. If
no flood depth �umber is specified, the lowest floor,
including basement, shall be eievated to at least iwo feet
above the highest adjacent grade, or
(2) Together with attendant utility and sanitary facilities be
completely floodproofed to that levei to meet the
floodproofing standard specified in Section 7&786(b)(2).
(c) Adequate drainage paths around structures shall be provided on
• slopes to guide water away from stru�tures.
Sec. 78 789. Cosstal h�gh hazard areas �V,Zones).
Located within areas of special flood hazard establisRtied in Sedion 78-775
are Coastal High Hazard Areas, designated as Zones V i-30, VE, or V(with
BFE). The fotlowing provisions shali appty for al! devetopment a�es:
(a) Meet the RequiremeMs of Section 78-783, and SeCtion 78-786(a)
and (b) [except (b)(7)j, Section 78-787 and Section 78-788.
(b) AI� new construction and substantial improvements in Zones V1-
V30, VE, and V(with BFE) shal! !� elevated on pilings or columns
so that:
(1) The bottom of the {owest horizontal structural member of the
lowest floor (exc�uding the pilings or cofumns} is elevated to
no lovve� than one i�ot above tt+e base fl�d elevation
whether or not the struc�ure contains a basement; and
(2) The pite or c:olumn foundation and strvcture attached thereto
is anchored to resist flotation, collapse, and lateral
movemerrt due to the effects of wind and water loads acting
simultaneously on aN building components. Water loading
• will be those values associated with the base flood. Wind
25 Ord. No. 2-08
• (iii) Such enclosed space shall be useable solely for parking of
vehicles, building access, or stora�. Such space shall not
be finished, partitioned into multipie rooms, or temperature-
controlled.
(g) Prohibit the use of fill for structural support. No developmerrt permit
shall be issued for development involving fill in coastal high hazard
areas unless it has been demonstrated through appropriate
engineering analyses that �e subject flll does not cause any
adverse impacts to the structure on site or adjacer�t structures.
Placement of fill that would result in an increase in th� 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, fu�illing the
requirements for such revisions as es�blished by FEMA.
(h� Prohibit man-made alteration of sand dunes and mangrove stands
that would increase poterrtial flood damage.
(i) Standards for Manufactured Homes — manufactured homes are
prohibited within the �Ilage of Tequesta exc:ept as may be
permitted as temporary facilities.
(j) Recreational 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 da�,
(ii) Be fully licensed and ready for highway use (on its wheels or
jadcing system, is attached to the site onJy by quidc
disconneCt type uNlities and secur�y devices, and has no
permanently attached additiions); or
(iii) Meet the requirements of paragraphs (2) through (8) of this
Section.
(iv) Prohib'rt the placement of recreational vehicles, except in an
existing recreational vehicle park. They must be on site for
fie�nrer than 180 consecutive days, fully lioensed and ready
for highway use (on its wheels or jacking system, is aitached
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 bottan 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
• (fl 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
devetopment;
(h) The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(i) The safety of acoess to the property in times of flood for ordinary
and emergency vehicles;
(j) The expected heights, veloaty, 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 govemmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electricat, 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 goc�d and sufficient cause;
(2) A determination that failure to grant the variance would result
in exc:eptional har�ship; and
(3) A determination that the granting of a varianc� wili not result
in increased flood heigh�, additional threats to public
expense, create nuisanoe, cause fraud on or victimization of
the public, or conflict with existing local laws 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) Varianc�s shall not be granted after-the-faat.
(d) The Floodplain Administrator shall mairrtain the reoords of al!
variance accti�ons, including justifification for their issuanoe 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 notiflcation.
29 Ord. No. 2-08
• Upon First Reading this 10th day of January, 2008, the foregoing Ordinance was
offered by Councit Member Patemo who moved its adoption. The motion was
seconded by Vice-Mayor Watkins and upon being put to a vote, the vote was as followrs:
For Adoption Against Adoption
Mayor Jim Humpage X
Vice-Mayor Pat Watkins X
Council Member Dan Amero X
Council Member Tom Patemo X
Council Member Calvin Tumquest 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 �ce-Mayor Watkins and upon being put to a vote, the vote was as follows:
For Adoption Against Adopfion
• Mayor Jim Humpage X
�ce-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
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•
31 Ord. No. 2-08