HomeMy WebLinkAboutDocumentation_Regular_Tab 03_02/09/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: 2/9/12 Meeting Type: Regular Ordinance #: 22-11
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SECOND 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: RE:
Department Head
Finance Director
Reviewed for Financial Suffici c ❑
No Financial Impact ■; '
Attorney: (for legal suffi�iency)
Village Manager: o ---- - — -�
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
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� ��`�'� DEPARTMENT OF COMMUNITY DEVELOPMENT
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Staff Report —Village Council Adoption Hearing— 2.9.12
Proposed Expedited Review Comprehensive Plan Amendment
Future Land Use Text Amendment — Lowest Fioor Elevation
Purpose of Proposed 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 modi�ed, 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.
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 ��"-°-*"�^��^" and new language is �nderlined and bold:
Policy: 1.7.4. A minimum �n F �'^^- lowest floor elevation above mean sea level (MSL) for all
new construction, additions and substantial improvements to existing structures shall be Q.�
^^^^^ °�� '^..°' ^� 18 inches above the crown of any road, street, cul-de-sac or highway. , or meet
the requirements of the Code of Ordinance pertaining to flood hazard areas, whichever is most
� stringent.
1
Village of Tequesta— Comprehensive Plan Text Amendment- Lowest Floor Elevation
� Staff Analysis
FEMA recommendation letter (Page 2- first paragraph) clearly defines that "Ti►e 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 flbod 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 justi�ed 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. 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 regulations rhat affect development as
well as residents of the Village of Tequesta.
Consistency with the Village's Comprehensive Plan
� 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).
2
Village of Tequesta— Comprehensive Plan Text Amendment- Lowest Floor Elevation
� The proposed amendment wil! provide consistency between the Future Land Use Element (Policy
1.7.4.J and the Village's Code of Ordinance.
Local Government Comments
The subject Comprehensive Plan amendment uvas transmitted to the Interlocal Plan Amendment
Review Committee (IPARC) on November 7, 2011(30 days prior to transmittal hearing). IPARC sent a
notice of the proposed amendment to Palm Beach County, Treasure Coast Regional Planning Agency
(TCRPC), Loxahatchee River Environmental District, the Town of Juno Beach and the Town of Jupiter.
The Village of Tequesta has not received comments or objections from above agencies and local
governments regarding the proposed Comprehensive Plan Amendment.
Local Planning Agency
On November 3, 2011, the Planning and Zoning Advisory Board, sitting as the Local Planning Agency,
held a public hearing to review the subject Comprehensive Plan amendment. The Local Planning
Agency voted 3-0 to recommend approval of the proposed amendment to the Village Council.
Village Council
On December 8, 2011, the Village Council held a public hearing to review the subject
Comprehensive Plan amendment. Village Council voted 5-0 to approve the transmittal of the
� proposed amendment to the Land Planning Agency.
Transmittal to State Land Planning Agency and Reviewing Agencies
The subject Comprehensive Plan amendment was transmitted to the State Planning Agency and
other Reviewing Agencies in compliance with 5�ction 163.3184 (3) Florida Statutes on December
2011.
The State Land Planning Agency completed its review of "the proposed comprehensive plan
amendment, and identified no comments related to important state resources and facilities within
the Agency's authorized scope of review that will be adversely impacted by the amendment if
adopted" (See attached Letter).
The Village also received "no comment" letters/e-mails from other Reviewing Agencies such as
Treasure Coast Regional Planning Agency, Florida Department of Transportation, Department of
Environmental Protection (See attached documents).
Attachments and Support Documents
1. Ordinance No. 22-11
2. State Land Planning Agency and Reviewing Agencies letters.
� 3. FEMa Recommendation Letter (9.26.2007).
4. Ordinance No. 2-08, adopted in February 2008.
3
Village of Tequesta— Comprehensive Plan Text Amendment- Lowesi Floor Elevation
• ORDINANCE NO. 22-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS
COMPREHENSNE 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 EFFECTNE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities
draft and adopt comprehensive development 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 Sta.te 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: Ea.ch and every other section and subsection of the Village of Tequesta
Comprehensive Plan sha11 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 amenclment shall be the date a fmal 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 pernuts, or land uses dependent on this amendment may be issued or
commence before it has become effective. If a fmal 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
� Rick Scott - ' Doug Darling
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DE�ARTMENT�
. ECONOMIC OI�PORTUNITY °Pg��
January I3, 2012 �� � ? ��
Flre R�
` � The Honorable Tom Paterno ��
Mayor, Village of Tequesta I /' ,
357 Tequesta Drive ��
Tequesta., Florida 33469
Dear Mayor Paterno:
The State Land Planning Agency has completed its review of the proposed comprehensive plan
amendment for the Village of Tequesta (Amendment No. 12-1 ESR) which was received on December 19,
2011. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida
Sta.tutes (F.S.), and identified no comment related to important state resources and facilities within the ,
Agency's authorized scope of review that will be adversely impacted by the amendment if adopted.
The Village is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies
have the authority to provide comments directly to the Village. If other reviewing agencies provide
� comments, we recommend that the Village consider appropriate changes to the amendment based on
these comments. If unresolved, such comments could form the basis for a challenge to the amendment
after adoption.
The Village should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public
hearing is not held and the amendment adopted within 180 da.ys of your receipt of the agency comments,
the amendment shall be deemed withdra.wn unless extended by agreement with notice to the Sta.te Land
Planning Agency and any affected party that provided comment on the amendment. For your assistance,
we have enclosed the procedures for adoprion and transmitta.l of the comprehensive plan amendment.
If you have any questions concerning to this review, please contact Richard W. Post, AICP,
Planning Analyst, at (850) 717-8503, or by e-mail at richard.�ostna
Sincerely,
1
J es D. Stansbury
gional Planning Administrator
JDS/rwp
cc: Mr. James M. Weinand, Acting Community Development Director, Village of Tequesta
• Mr. 1Vfichael Busha, AICP, Executive Director, Tre$sure Coast Regional Planning Council
The Caidwell Buildins 107 E. Madison Str�et Tallaliassee, Florida 32399-4120
8�0.245.7105 TTY/TDD I-30U-9�i-8771 Vaice I-300-955-8770 Flori�laJobs.arg
P,n equal upportunity employer/proQram. Auxiliary aids and services are availablz upon request ro individuals ���ith disabilities. All voice relephone �
numbers on this document may be reached� by ptrsons usins TTY/TDD equipment via the Florida Rela}� Service at � I I.
�°'�D" Florida Department of « '`'` s `° t `
Governor
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r_�•�_______�_ _a �. 3900 Commonwealth Boulevard Herschel T Vinyard Jr
- Tallahassee, Florida 32399-3000 Ser,retary
January 23, 2012
Mr. James Weinand, Fire Chief
Actir►g Community Development Director
Village of Tequesta .
345 Tequesta Drive
Tequesta, Florida 33469
Re: Tequesta 12-1ESR Proposed; Expedited Comprehensive Plan Amendment
Review
Dear Mr. Weinand:
� The Office of Intergovernmental Programs of the Florida Department of
Environmental Protection (DEP) has reviewed the above-referenced amendment
proposal under the procedures of Chapter 163, Florida Statutes (F.S.). The
Department's review focused on potential adverse impacts to important state
resources and facilities. Based on our review o£ the proposed amendment, the
Department has found no provision that requires comment under laws that form the
basis of the Department's jurisdiction.
Thank you for the opportunity to comment on the proposed amendment package.
Should you have any questions or require fur�her assistance, please call me at
(850) 245-2169.
Sincerely,
,r � � � i���d�('/
Chris Stahl
Office of Intergovernmental Programs
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wuvw. dep. state. fl us
-=�-�� =�� ::: SOUTH FLORIDA WAT'ER MANAGEMENT DISTRICT
� �
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Teq�esta
.
JAN 17 2012
January 9, 2012 FireResCUe
�
James M. Weinand, Fire Chief �� ` r
Acting Community Development Director
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Dear Mr. Weinand:
Subject: Village of Tequesta, Department of Economic Opportunity #12-1 ESR
Comments on Proposed Comprehensive Plan Amendment Package
The South Fforida Water Management District (District) has completed its review of the
proposed amendment package submitted by the Village of Tequesta (Village). This text
amendment to the Future Land Use Element addresses specific recommendations
� made by the Federal Emergency Management Agency. There appear to be no
regionally significant water resource issues; therefore, the District forwards no
comments on the proposed amendment package.
The District offers its technical assistance to the Village and the Department of
Economic Opportunity in developing sound, sustainable solutions to meet the Village's
future water supply needs and to protect the region's water resources. Once the
amendment is adopted please forward a copy to the District. For assistance or
additional information, please contact Deborah Oblaczynski at (561) 682-2544 or
doblaczy@sfwmd.gov.
Sincerely,
�
Rod A. Braun
Director
Office of Intergovernmental Programs
RB/do
c: Michael J Busha, TCRPC
� Ray Eubanks, DEO
Deborah Oblaczynski, SFWMD
James Stansbury, DEO
3301 Gun Club Road, West Palm Beach, Florida 33406 •(561) 686-8800 • FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • wwwsfwmd.gov
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January 20, 2012 :i';a�,r,��.0 :. �'-�� �3 �,`.`
::�: �,; �> _.�b ��i�� � � . t
James Weinand ��� � � �Q9�
Planning and Zoning Director ��,�� ; ,��� c �.,
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469
Subject: Village of Tequesta Comprehensive Plan
Draft Amendments - Amendment No. 12-lESR
Dear Mr. Weinand:
Pursuant to the requirements of the Community Platuiing Act, Chapter 163, Florida Statutes, the
� Treasure Coast Regional Planning Council (TCRPC) reviewed the above-referenced
comprehensive plan amendments at its meeting on January 20, 2012.
A review report was approved by the TCRPC for transmittal to the Village as required by
Section 163.3184, Florida Statutes. A copy of the report is enclosed.
Please send one copy of a11 materials related to these amendments directly to our office once they
are adopted by your governing body.
If you have any questions, please feel free to call me.
Sincerely,
i
�
Peter G. Merritt, Ph.D.
Assistant Director
PGM:sIh
Enclosure
�
"Regionalism One Neighborhood At A Time"- Est.1976
421 5W Camden Avenue - Stuart, Florida 34994
Phone (772) 221-4060 - Fax (772) 221-4067 - www.ccrpc.org
� TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM SG
From: Staff
Date: January 20, 2012 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendment to the Village of Tequesta. Comprehensive Plan
Amendment No. 12-IESR
Introduction
The Community Planning Act, Chapter 163, Florida Statutes, requires that the Treasure Coast
Regional Planning Council (TCRPC) review local government comprehensive plan amendments
prior to their adoption. TCRPC comments are limited to adverse effects on regional resources
� and facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional
impacts that would be inconsistent with the comprehensive plan of any local government within
the Region. TCRPC must provide any comments to the local govemment within 30 days of the
receipt of the proposed amendments and must also send a copy of any comments to the Sta.te
Land Pla.nning Agency.
Back ro�und
The Village of Tequesta is proposing a text amendment to the Future Land Use Element (FLUE)
of the Comprehensive Plan.
Evaluation
The text amendment to Policy 1.7.4 of the Comprehensive Plan is being proposed to address
specific recommendations by the Federal Emergency Management Agency (FEMA). The
amendment will provide consistency between the FLUE and the Village's Code of Ordinances
with respect to flood damage prevention. The proposed change is to comply with the current
National Flood Insurance Program (NFIP). Additionally, FEMA has advised the Village that the
NFIP uses the term "lowest floor" instead of "finished floor." The proposed changes are shown
in underline and strike through as follows:
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 4 .� ��°�^ �°° '°•�°' �� 18 inches above the crown of
� any road, street, cul-de-sac or highway, or meet the requirements of the Code of
Ordinance pertaini�g to flood hazard areas, whichever is most stringent.
Extraj urisdictional Impacts
The proposed amendment was provided by the Village to the Palm Beach County
Intergovernmental Plan Amendment Review Committee (IPARC) and was circulated by the
IPARC Clearinghouse Coordinator on November 8, 2011. No extrajurisdictional impacts have
been identified.
Effects on Si�nificant Re�ional Resources and Facilities
No adverse effects on significant regional resources and facilities have been identified.
Conclusion
The proposed amendment is not in conflict or inconsistent with the SRPP.
Recommenda.tion
Council should approve this report and authorize its transmittal to the Village of Tequesta. and
� the Florida Department of Economic Opportunity.
�
2
Zacarias, Nilsa
rom: Weinand, James
ent: Friday, January 06, 2012 11:57 AM
To: Zacarias, Nilsa
Subject: FW: Tequesta 12-1 ESR - FDOT aistrict Four Review
FYI
From: Telfrin, Debra
Sent: Friday, January 06, 2012 11:50 AM
To: Weinand, James; Burnsed, Joanne
Cc: Telfrin, Debra; Couzzo, Michael; McWilliams, Lori
Subject: FW: Tequesta 12-lESR - FDOT District Four Review
Good morning,
The email below is forwarded for your review and follow up.
Thank you,
Debra A. Telfrin
Executive Assistant
561-768-0465
561-768-0697
m: Riddle, Andrew jmailto:Andrew.Riddle@dot.state.fl.us]
Sent: Friday, January 06, 2012 10:43 AM
To: Telfrin, Debra; DCPexternalagencycomments@deo.myftorida.com
Cc: Stansbury, ]ames; Peter Merritt; Bush, Lois
Subject: Tequesta 12-1ESR - FDOT District Four Review
I I am writing to advise you that the department will not be issuFng comments for the Village of Tequesta comprehensive
plan amendments (DEO ref. # 12-1ESR).
�_
The department would like to request one copy, which may be on CD ROM in Portable Document Format (PDF), of all
adopted amendment materials, including graphic and textual materials and support documents.
Thank you.
Andrew Riddle, AICP
Office of Modal Development
FDOT - District Four
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
TEL:954-777-4605 FAX:954-677-7892
Email: andrew.riddle@dot.state.fl.us
�
1 ,
U.S. Department of Homeland Security
Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341
� �,� � ,
,� o�
p � FEMA
`�x
�,3`'tND St,"/ ,
�, �
� September 26, 2007
Mr. Michael Couzzo
Village Manager
Village of Tequesta
P.O. Box 3273
250 Tequesta Drive, 3uite 300
Tequesta, Florida 33469-0273
Reference: Nationai Flood Insurance Program (NFIP) Community Assistance Visit (CAV)
Dear Mr. Couzzo:
This is a follow-up to the CAY that the Federat Emergency Management Agency (FEMA)
conducted in the Village of Tequesta on August 8, 2007. Susan Wilson, of our staff,
conducted the CAV. Ms. Catherine Harding, Community Development Director, represented
the Village of Tequesta.
� CAV Findings
It appears that the Viliage of Tequesta staff charged with administering and enforoing 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 pernuts were issued from Jannary 1, 2003, to Angust 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) p�nits issued for non-residential
construction, none was locate,d in a designat� �ial 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 manufactur� home pazks or subdivisions located
in the Village of Tequesta. and no permits were issued to locate manufachued homes or travel
trailers within the corporate limits.
During the period under review, the Village of Tequesta had not received ai�ty requests for
variances from the pmvisions of the Flood Damage Prevention Ordinance. The Village of
Tequesta has not had any developments involving improvements to a historic structure.
� The Village of Tequesta requ.ires the submission of an "as-built" lowest floor elevabion
certificate for all new construction and substantisl improvements to existing structures,
including those that aze located in the moderate and low flood risk zones (Zones B, C, and X
on the Flood Insurance Rate Map (FIRM)). Tlus is a very good practice and it will prove
� beneficiai for flood insurance rating when the FIRMs are revised because it will provide
documentation concerning the FIRM zone and elevation in effect at the time the building was
constructed.
www.fema.gov
Mr. Michael Couzzo 2
� The Village of Tequesta requires the construetion of the "finished floor" of all structuees at
8.5 feet above mean sea level or 18 inches above the crown of the road, whichever is greater.
Ptease 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 �lillage of Tequesta has developed and utilizes a p�an submittal checklist for a11 proposed
developments. A sarvey 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
submittal.
The �illage of Tequesta has an established policy of requiring an appraisal in order to
determine whether or not proposed improvements to existing structures constitute substantial
improvements that require comp.tiance with current codes and regulations. Enclosed, for
yovr use, is a list of those items that aze included and excluded in the calculation aud
determination of snbstantial improvements.
During the CAV, the development pernzit files an�d final "as-built" Elevation Certificates for
structures campleted since Januazy 1, 2003, were reviewed. Some files contained Elevation
Certificates that reference the elevation of the building while it was undez construction. This
,� perhaps stems from the requirement in the Tequesta Code (Section '78-752) that requires
submission of a"tie-in survey", rather than submi:ssion of the Elevation Certificate based on
completed. construction. Please be advised tb.at no structure located in. a SFHA shou.ld be
issued a certificate of occupancy unless an Elevation Certificate based on the "finished"
construction has been submitted, reviewed and dete�ined to be complete and compliant
with all applicable codes. The critical di.fferences are that the Elevation Certificate based on
fnished 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
calculaxing the flood inswance premium for a stracture.
One Elevation Certificate tha.t was reviewed referned to an incorrect BFE. Perhaps this was
as a result of confusion about the Village of Tequesta's requirement that the "Min�imum
finish first-floor elevation above mean sea level (MSL) for all new constructian, additions
and substantial 'unprovements to existing structures shall be 8.5 feet (MSL), 1 S nnches above
the crown of any road, street, cul-de-sac or highway or meet the requirements of article XII
of tius chapter pertaining to flood hazard areas, wlrachever is more stringent." The Elevation
Certificate should always refer to the BFE indicated on the current, etFective FIRM. Also,
consistent use of the term "lowest floor" should b� made, rather than "finished floor",
"fini.shed first floor", "lowest finished floor" or "lowest habitable floor". The regulations of
the NFIP refer only to the term "lowest floor", a critical definition that is currently not
included in the Tequesta Code.
� The Elevation Certificate must be prepazed by a pmfessional 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 seal. We
strongly advise that the Village of Tequesta accept for its records only original Elevation
Mr. Michael Couzzo 3
� Certificates. Copies, facsimiles or other repraductions should not be accepted as the
Village's official records.
As discussed during the CAV, please obta.in the correct and final Elevation Certificates for
the following structures:
1) 129 Point Circle, Permit #02-000910; no Elevation Certificate on f�.le
2) 108 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 sections of the Tequest� Code that relate to development in the
SFHAs (Article XII Flood Hazard Areas). Although the definidon section of the Tequesta
Code was not provided for our review, we have reviewed the entire Te�uesta Code tha.t is
available tlu�ough the Municode.com website. We ha.ve concerns that some of the terms may
be confusing or contradictory. It appears that a num6er of regulation chac►ges, including the
addition and revision of a number of definitions, have occurred since the ordinance was
adopted. We strongly recommend that the Village of Tequesta revise and update its
ordinance. To assist the Village, enclosed is a copy of the Sta#e of Florida's sample Flood
Damage Prevention Ordinance. We will also be sendi.ug the Florida sample flood damage
prevenrion ordinance to Ms. Harding electronically. Since the Village of Tequesta has
expressed an interest in impmving its standing in the Community Ratin.g 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 mi.n.imum, we
strongly recommend the adoption of at least a one-foot "fieeboard" for all new construction
and substanti�ll im rovements in the designated SF�iAs.
Without having reviewed the definitions, or reviewing all other sections of the Tequesta
Code, it would appear t6at a number of requireinnents of the NFIP have been omitted from
Article XIi. In order to briug t]ie 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", "functionally dependent use", "historic struciure",
and "substandal damage".
2. Revise the definitions for "basement", "Co�stal High Hazard Area", and
"development".
3. Revise the definitions of "flood, 100-year" and "floodpla,in area having speciai flood
harard" to refer to either the base flood or the flood ha.ving 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 addi.ng
automatic adoption language that automatically adopts any future revisions to the FIS
and accompanying FIRMs.
5. Ainend Section 78-773 (1) to require that "Propos�ed structures and substantial
� improvements ta existing shuctures in the SFHAs shatl be required to have the lowest
floor, including basement, Nvn-residential structures,
together with attendant urility and sanitary facilities shall be designed so that below the
base flood level the structure is watertight with wa11s substantially impermeable to the
Mr. Michael Couzzo 4
� passage of water and with stnictural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Provide that where a
non-residential structure is intended to be made wa.tertight below the base flood level,
(1) a registered pmfessional engineer or �rchitect sha11 develop and/or review shuctural
design, specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards af practice for
meeting the floodproofing requirements."
6. Amend Section 78 to r�uire that, prior to issua.nce 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. Amend the subdivision section to require 1i�e "review of subdivision proposals and
other development, including mauufactured home parks or subdivisions, to determine
whether such proposals will be reasonable safe from flooding". If such proposals are in
a floodprone area, assure that such proposals minimize the potential for flood damage.
8. Amend either the subdivision section or 5ection 78, to require that for development
proposals in areas designated as approxirn�te Zone A, when the development would be
greater than 50 lots or 5 acres, that the proposals include base flood elevation data that
would be used to regulate t�e developme,�t
9. Amend Section 78-782 to reyuire 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. aVe 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 State NFIP
Coordinating Office and FEMA of any propos�i watercourse alterations and
relocations, as required 6y Section 60.3(b�6) of the NFIP Regulations.
11. Add a provision to maintain tiie carrying capacity of an altered or relocated
watercourse, as required by Section 60.3(b)(7) 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), 603(c)(6), 60.3(c)(12), and 60.3(e)(8).
13. Revise Section 78-773(1) to require elevation lowest floor of any new construc#ion or
substantially improved existing structure to or above the base flood elevation.
14. Amend Section 78-773(1) to require tha.t, if a non-residential structure is granted an
excepfion that allows floodproofing, that "� state-iicensed professional engineer or
arclutect certify that the design and methods of conshuction of the floodproofed non-
residential building meet the requirements of Section 60.3(c)(3)(ii), and 60.3(c)(4) of
the IVFIP Regulations.
I 5. Add provisions that for all new construction and substantisl improvements, that fully
enclosed areas below the lowest floor that are used solely for parking of vehicles,
building access or storage in an area other dnn a basement, shaJl be designed with
flood openings to automatically equalize hydrostatic flood forces on exterior walls by
allowing the eniry and exit of floodwaters in accordance with the specifications in
Section 60.3(c)(5) of the NFIP Regulations,
16. For all new construction and substantially improved struciures in the Coastal High
Hazard Area, add a provision to require that a state licensed professional engineer or
� archit�ct 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 to provide the Village of Teq�esta with the sample VE-Zone foundation
and anchoring certification form.
Mr. Michael Couzzo 5
� 17. Add a provision to Section 75-280 to prohibit man-made alteration of sand dunes and
mangrove stands, which would increase potential flood damage, as required by Section
60.3(e)(7) of the NFIl' Regulations.
We would be happy to assist the Village of Teq�esta. with the revisions to the ordinance.
1Uhen the Qood 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 susar►. �i�r�sonna,dils.�c�v.
, �'��cerely,
� •.���;:i� {.:✓i, •. �� `l�� : �,�;
i '�rasad Inmula, Acting Chief
; �. Floodplaia Management and Insurance Branch
Mitigation Division
Enclosures
�
.
� ORDINANCE NO. 2-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, REPEAUNG
ARTICLE III. COASTAL PROTECTION. OF CHAPTER 50.
NATURAL RESOURCE PROTECTION.; AMENDING
CHAPTER 78. ZONING. BY REPEAI.ING EXISTING
ARTICLE Xli. FLOOD HAZARD AREAS. IN ITS ENTIRETY
AND READOPTII� A NEW ARTICLE •XN WITH A NEW
TITLE "FLOOO DAMAGE PREVENTION" IN ORDER TO
COMPLY WITH FEMA'S RE�IUIREMENTS FOR THE
NATI�NAL FLOOD INSURANCE PROGRAM; FURTHER
REPEALING SECTION 7&285. FLOOR ELEVATION
ABOVE SEA LEVEL. AI�I PROVIDING FOR iTS
INCLUSION IN THE NEW ARTICLE XII.; PROVIDINt3 A
COWFLICTS CLAUSE, A SEVERA8ILITY CLAUSE AND
AUTHORITY TO CODIFY; PROYIDING AN EFFECTtVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Legislature of the �e of Florida has authorized and
de�gated in Chapter 166, Florida Statutes, the responsibility to local govemmerrt
un�ts to adopt regulations designed to promote the public health, safeiy, and
� general welfare of its nesidents;
WHEREAS, the flood hazard are� of the �Il�e of Tequesta are subject
to periodic inundation, which �esu�s in toss of life and properly, health and safety
hazards, disruption of commerce and governmenta! seroices, extraordinary
public expendifures for flood p�otection and r�elief, 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 cumufative effect of
obstructions in floodpiains causing increases fi flood heights and veloaties, and
by the occupancy in flood hazard areas by uses vWnerable to floods or
hazardous to other lands which are inadequa��ely elevated, flood-proofed, o�
athervvise unprotected from flood damages;
WHEREAS, the Vitlage Council of the Village of Tequesta desires to
promote the public health, safety and general vrr�lfare and to minimize public and
private tosses due to flood conditions in specific areas; and,
•
• WHEREAS, the �Ilage Council of the Viilage of Tequesta desires to
conform to the requiremerrts of #he Federal Emergency Management Agency
(FEMA) for the Nat�nal Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE VILIAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Sec_ tion 1: Articie III. Coastal Pro�ction. of Chapter 50. Natural
Resource Protection. is hereby repealed and reserved for future legislation; the
contents therein are hereby replaced by the nevv Article Xil of Chapter 78, as
provided below.
Secfion 2: Sectbn 7&293. Floor Elevation Above Sea Level. of
Chapter 78. Zoning. Article IX. Supplemental IRegulations. Division 1. Generally.
is hereby r�eal� and readopted as revised in the new Article XII. as provided
� below.
gec . n 3; The entire Article XII. Flood Hazard Areas. of Chapter T8. of
the Code of Ordinartces of the �Nage of Tequesta is hereby re�aled and
readopted as revis�, providing that the new Artide XII. of Chapter 78. shall
. hereafter be titled "Flood Damage Prevention" and shall hereafte� read as
follows:
ARTICLE XII. FLOOD DAMAGE PREVEIVTfON.
S�c. 78-TT1. Purpose.
It is the purpose of this article to promote the public heafth. safe�ty and
general welfar�e and to minimize public and priu�ate losses due to flood conditions
in speciflc areas by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to heatth, safety and
qroperty due to water or erosion hazards, which r�ult in damaq�ng
increases in erosion or it� flood iuoights and velocities;
• 2 Ord. No. 2-08
� (b) Require that uses vulnerabl� to floods including facilities which
serve such uses be protected against flood damage throughout their
intended life span;
(c) Controt the atteration of natur�l fl�pfains, stream channels, and
natural protective bamers which are involved in the accommodation
of flood waters;
(d) Cantrol ftiling, grading, dredgir� and other development whid� may
increase erosion or flood damage; and
(e) Prevent or regulate the conshuation of flood barriers which wift
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
Sec. 78-T7Z. Objectives.
The objedives of this article are to:
(a) Pro�ct human lifie, health and to eliminate or minimize property
damage;
(b) Minimize expend�ure of pub�� money for c;ostly f�aod control
� ���,
(c) IlAinimize the need for rescue and relief �orts associafied with
flooding and ge�eraNy underta�ken at the expense of the general
public;
(d) Mlnimize prolonged business in�ruptions;
(e) Minimize damage to public iaci�ti� and utilities such as water amd
gas mains, ele�tric, telephone and sewer lines, roadways, and
bridges and culverts located in floodptains;
(fl Maintain a stab� tax bese by providing fo� the sound use and
devefopmerit of flood pro� area�s in such a menner as to minimize
ftood blight areas; and
(g) Ensure that potentlal homebuye� are noti� that property is in a
flood hazard area.
Sec. 78-773. Deffnitions.
Unless specific:ally def+ried below, u+�rds or phrases used in this �rticle
shall be inte�eted so as to giu� the�» the me�aning they have in common usage
artd to give this article its most reasonable application.
� 3 Ord. No. 2-OS
• Accesso structure
ry (Appurtenant structure) means a structure that is
located on the same paroel of property as the principal structure and tt�
use of which is incidental to the �e of the principal structure. Acxessory
structures should constitute a minimal investment, may not be used for
human habitation, and be designed too have minimaf flood damage
potential. Examptes of acoessory structures ar� detached garages and
carparts.
Appeaf ineans a request for a revlew of the Floodpiain AdminishaMr's
interpreta�on of any provision of this article or a req�st for a variance.
Area of shallow Aooding means a designated AO or AH Zone on the
Village's Ftood lnsuranr,e Ra�e Map (FIRM) with base flood depths from
one to three feet where a dea�y deflned channe( does not exist, where
the path of flooding is unpr�i�able a� indeteRninate, and wher� veloaty
flow may be evident. Such flooding is characterized by pond+ng or sheet
flow.
Area of special Aood hazar�d is the land in the floodplain within the
Vitlage subjec� to a one-Qercent or gr�ber chance of flooding in any given
y�ear. This term �s synonymous wit� the phrase "special flood hazard
area."
� Bas� flood means the flood having a one percent c�anoe of 6eing
equaled or exceeded in any given year (alsa called the "100-year 800d"
and the "regulatory flood"). Base flood is the term used throughout this
article.
Base Flood Elevadon means the wate�r-surfac�e elevation assoc�ated with
the base flood.
B�sement mear�s that portion of a t�ildir� having � floor sub-grade
(bebw ground level) on ail sides.
Breakaway wall mea�s a wall that is not paR of the st�uct�ral support of
the building and is intended throu�h its design and construc�ion to
collapse under specif'�c lateral loedir� foroes without causir�g damage ta
the elevated po�tion of the building or the supporNng foundation system.
Building — see Struc�r�.
Co�ta! hi8h hazard are� rneans an ar� of special flood hazard
extending from ofpshore to the inland tirnit of a p�imary frontal dune along
an open c�ast 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 surface used to ensure that a!! elevation recards are
properly related. Many communities have their own datum that was
developed before there was a nationet standard. The current national
datum is the National Geodetic Verticel Datum (NGVD) of 1929, which is
expressed in relation to mean sea I��I, o� the North American Vertical
Datum (NAVD) of 1988.
Develapment means any man-made ch�nge to improved or unimproved
real estate� including, but not timit�d to building� or other strirctures,
mining, dredging, filling, grading, pavimQ, excavating, drilling operatior�s, or
, storage of materials or equipment.
Elsvabed bu�tding means a non-basement building built to have the
lowest floor elevated above the grourrd level by foundation walts, posts,
piers, columns, pilings, or shear walls.
Encroachment means the advance or infringemerrt of uses, plarrt growth,
fill, excavation, buildings, permanent struc�u�s or develapmenf into a
floodplain, which may impede or alter the flow capacity of a flaodpiain.
Exist�ng Ganstruction means, far the purpeses o� floodplain
management, s�ructures for w�tich "t� start of c�nstruction" commenced
• beforie the da� of the initial Fiood Insuranoe Rate Map (FIRM). Existing
aonstructiort, means for the purposes af �ermining ra�s stru�tures for
which the "start of constn�ction� comm�enc�ed before the effective date of
the first FIRM or before January 1, 19i5, for FIRMs effective before that
daate. This term may also be referred to as "existing structures".
Existit� manufactured home park or subdivision. Manufactured home
parks or subdivisions are prohibit� within the Vi�age of T�uesta exc�t
as may be pennftted as temporary facil�ties.
Fiood or flvoding m�rrs:
(a) A ger�eral and temporary conditian of partial or complete inundation
of normally dry land areas from:
(1) The over�ow of inland or tidal wate�s.
(2) The unusual and rapid ac�umufatron or runoff of surface
waters from any source.
(3) Mudslides (i.e., mudflowsj which are proximately caused by
flooding as defined in �r�graph (a) (2) of this definition and
are akin to a river of liqufd and flowing mud on the surtac:e
of normally dry land areas, as when earth is carried by a
current of water ��d deposited along the path of the current.
�
5 Ord. No. 2-08
•
(b) The aollapse or subsidence of land along a shore of a lake or other
body of water as the result af erosion or undermining c�used by
waves or currents of water excee�ing a�ticipated cyciical levels or
suddenly caused by an unusually hi� water level in a natural body of
water, accompanied by a severe storm or by an unanticipated force of
nature, such as a flash flood or an �bnormal tidal surge cr by some
s�nilerly unusual and unforeseeabte ever�t whiCh r�esul� in fbodirtg as
defined in paragreph (a) (1) of this definition.
Flood Boundary and Floodway N�p (FBFAA) means the Mficial map of
the �Nage on which the Federal Emergency Management Agency
(FEMA) has dellneated the areas of special flood hazard and regulatory
floodways.
Flood Hazard Boundary AAaap (FHBM) means an offic'ral map of fhe
Village, issued by FEMA, where the b�oundaries of the areas oi specia!
flood hazard have been identified as on(y Approximate Zone A.
Ftood Insurance Rais Map (FIRM� means an off'icial map of the VIlage,
isaued by FEMA, which definea�ed both the areas af special flood hazard
and the risk premium zones app�iCable to the �Ilage.
Flood Insurance Study (FIS) is t�e aFficial hydraulic 8 hydro(ogic report
• provided by FEMA. The study coMains an examination, evaluation, and
determination of ftood hazards, and, if �ppropriafie, corresponding vvater
surtace e�vations, or an examinetion, evaluation, and deteRnination of
mudslide (i.e., mudflow) and ather flood-related erosion hazards. TNe
s#udy may also corrtain flood prafiles, as weN as the FIRM, FHBM (where
applicable), and other reta#ed data and infortnation.
Floodplain m�ns any iand area susceptibte to being inunda�d by water
from any source (see definfion of "�oodirg"�.
Floodpfain management means the operation of an overall program of
corrective and preventive measures for reducing ftood damage and
preserving and enhancing, where possjble� natural resourc.es in the
floodplain� including but not limited to emergency preparedness plans,
flood control works, floodplain mana�ement regulations, and open spaoe
plans.
Floodpl�in Administrator is the individual appoirtted to administer and
enforoe the floodp�in managemer�t r�egulations of the Village.
Floodplaio management reAufations rrieans this article and other zoning
ordinances, subdivision regulations, buiiding cfldes, health reguiations,
sp�al purpase ordinances (such as floodplain ordinanca, grading
ordinance, and erosion co�ol ordinanoe), and other applic�tlons of police
• power which control developme�rt in flood-prone areas. This term
6 Ord. No. 2-08
• describes Federal, State of Ftorida, or local ulations i� an combination
re9 Y
thereof, which provide standards for proeventing and reducing flood loss
and damage.
Floodprooflng means any combinat�n of structurat and nort-struc�ural
additions, changes, or adjustments to structu�es, wh�ch reduce or
eliminate fbod damage to real estate or improveal real property, water and
sanitary faciiities, structures and their contents.
Floodway means the channel of a river or other wateroou�se and the
adjacent land areas that must be resenved in order ta discharge the base
flood without cumula�vely increasing the water surface elevation more
than a designated height.
Floodway tringe means that area of the floodplain on either side of the
regulatory floodway wher� encroachn�ent may be permilted wfthout
additional hydraulic andlor hydrotogic ar�alysis.
Free6oard rneans tf� additional height, usually exp►essed as a factor of
saflety in feet, abo� a fl�ood level for �rposes of floodplain management.
Freeboard tends to compertsate for many unknrnvn factors, such as wave
act�an, bridge openings and hydrological effect of urbanization of the
watershed, th�t could contribute to flood heights greater than the height
� cafculated for a selected frequency fload and floodway cor�i�ions.
Free of Obstruc�on means any type of lower area enciosure or other
construction element th�t will obstruct �e flow of velocity water and wave
action beneath the lowest hor�ta( structural member of the bwest ftoor
of an elevated building during a base flood event is not allo�d. Th�s
re�uirement app(ies to ihe structures in rreiocity mnes (V 2orres).
Funct�onally dependent use means a use that cennot be used for its
intend�l pu� unless it �s Iocated or carried out in close proximiiy to
water, such as a dodcing or pert facifity necess�ry for the load'mg ��d
unloading of cargo or passengers, shipbuilding or ship r+epair. The term
does not include long-tenn storege, manufacture, sales, or service
facilities.
Hardship as related to variances from this articte means t�e except+onal
hardship associated with the land �et wou�l resu� from a failune � grent
tfie requested variance. The Vitls�e requires that the varianc� is
exceptionaf, unusual, and pecuNar to the property involved. Mere
er.onomic or f�nanaal hardship alone is �ot exc:eptional. Inconvenience,
aesthetic considerations, physica! handi�aps, persaial prefe�nces, or the
disapproval of one's neighbors likewise cannot, as a ruie, qualify as an
exceptional hardship. All of these probtems can be resolved through other
means without graMing a variance, even if the alternative is more
i
7 Ord. No. 2-08
� expensive, or requires the property owner to build elsewhere or put the
paroel to a different use than originali� ir�tended.
Highest �djacent grade means the highest natural elevation of the
ground surFace, prior to the start of construction, next to the pro�sed
walis of a struc�uure.
Historic Structur� means any structure that is:
(a) Listed individually in the N�tional Register of Historic Places
(a listing maintained by the �partment of Intecior) or
preliminarily determineci by the Secroetary of the Interior as
meeting the requirerr�n� for individua! listing on the
National Register,
(b) Certified or preliminarily determined by the Secretary of the
In�rior as contributing to the historical sign�cance of a
registered histor�c or e dtstrict preflminarily determined by
the Secretary to qua�lify as a registered historic district;
(c) IndividuaNy tisted on the Florida inventory of historic pf�es,
which has been approved by the Secretary of the Interior;
or
� (d) tndiv�ually lisfied on a k�cal in�ntory of historic places in
communities with historic preservation pr�rams that have
been cerdfied ei�ter:
(1) By the approved Fbrida program as determined by
the Se�retary of the Irrterior, or
(2) Directly by the Secretary of the Interior.
Lowest sdj�cent grade means the lour�st elevation, after the camp�tion
of construction, of the ground, sidewalk, patio, dedc support, or basemerrt
er�rywey immed�atery n�t to tne s�uct�re.
Lowest tloor means the lowest floor of th� lowest enclosed area
(including basemeM). An unfinished or flood resistant �closure, used
solely for parking of vehicles, building access, or storage, in an ar� other
than a basement, is not considered a b�ilding's lowest floor, provided that
s�ch enclosure is not buiit so as to render the str+�ture in violation af the
nonelevation design standards of this article.
Mangrove Stand means an assembl�ge of mangrove trees which are
mostly low trees noted for a copi�us development of in�rlacing
adventitious roots above ground and which contain one or mone of the
following species: B(ack mangrove (Awicennia Nitida); red mangrove
� 8 Ord. No. 2-06
�
(Rhizophora mangle); white mangrove (Lariguncularia Racemosa); and
buttonwaod (Conocarpus Eiecta)-
Manufactured home means a build�g, transportable in one or more
sections, which is. built on a permanerrt chassis and designed to be used
with or without a peRnanent foundatian when oonnected to the required
utilities. The tenn also includes park trailers, travel traiters, and similar
transportable struc�ures placed on a site for 180 consecutive days or
longer and iMended to be improved property. Manufact�red hou�ing is
prohibited within the Vittage of Tequesta except when permitte�l as
temporary faciliiies.
Manufacture�d home park or subdivisan means a parcel (or contipuous
paroels) of land divided iMo two or more manufadured home lots for rent
or sale.
Market valu� means the building va�e, which is the property value
excluding the land value and that of the detached aocessory structures
and other improvements on site (as ag�eed ta betv�een a wiiling buyer and
sel�r) as established by what the local real esta� market will bear. Market
value can be estabtished by an indeperident oertif�d apprai�� (other than
a Hmited or curbside appraisal, ar orns based on incame approac�), Actual
� Cash V�lue (r�eptacement cost depr�ecia�ed far age and quality of
construction of bui�ling), or adjusted tax-assessed values.
Mean Sea Level means the average h�ight of the sea for ail stages of the
tide. It is used as a �eference for estabN�hing various elevations within the
floadpfain. For purposes of this artid�, the temn is synonymo� with
National Geode�c Vertical Datum (NGVD) of 1929, or North Ame�can
Vertical D�tum (NAVD) of 1988.
Nationsl Ge�l�c Vertical Datum (NGVD) of 1929 means a vertical
corrtrol used as a referenoe for estabNshir�g varY+n9 e�evations within the
floodplain.
Afew Construction means, for floodplain managemer�t purposes, any
strur�are for which the "start of constnrction" commenced on or aftec the
effe�tiv� dat�e of the initial floodplai� management code, ordinance, or
standard based upon specific technica! base flood elevation da� tha�t
establishes the �ree of special flood Maxard (include only on� da�ej. The
term also includes any subsequent improvements to such structures. For
flood insurance rates, struCtures for which the start of cflnshvctior�
commenced on or aRer the effective date of the date of an ini�al FIRM of
after December 31, 1974, whichever is tater (include only one date), and
i�cludes a�ny sub�equer�t improveme� to such str�ctures.
�
9 Ord. No. 2-08
� New manufactured home park or subdiv�ion. Manufactured home
parks or subdiv�sions are prohibited witbin the Village of Tequesta except
as may be permitted as temporary facilities.
North Americ�n Vertical Da�m (NAVD) of 9988 means a verticai cantrol
used as a reference for establishing varying elevations within the
floodpfain.
ProQram deAaiency mear�s a defed in the vllage's floodplain
manegement regalations or administrafive procedures that impairs
ef�ective implementation of those floodpk�in management regulations or of
the standards required by the Nationai Flood tnsurance Program.
Public safeiy and nuisane:e rneans anything which is injurious to sa6ety
or health of ti� entire �Aage or a neighbortroad, or any considerable
number of persons, or unfawfully obstruats the free pasaage or use, in the
customary manner, of any navigable leke, or river, bay, stream, cartal, or
basi�.
Recreational vehicte means a vehicle that is:
(a) Built on a single c�assis;
� (b) 400 square feet or less when measur� at the largest
horiaontal proje�tion;
(c) [lesigned to be self-prop�Aed or permanently towable by a
Hght duty truck; and
(d) Designed primari�/ not for u� as a permanerrt dwelling but
as temporary living quarters fior recneational, camping,
travel, or seasonal use.
Regulatory AoodMray means the channel of a river or other wabercourse
and the adjacerrt land areas that must tre re�enred in order to discharge
ti�e base ftovd without cwmulatively inoreesing the wa�r surface elevation
more #han a designated l�eight.
Remedy a deflciency or violation means to bri�g the regu(ation,
procedure, structure or other development irrto camplianoe with State af
Florida, Federal or local floodplain managemer�t reguladons; or if t�is is
not possible, to reduce the impads of its noncompliarrc:�. Ways the
impacts may be reduc�ed include prot�ecting the str�cture or oth� affected
devebpment from flood dama�g�� implementing ri�e enforoement
provisians of this artir�e or otherwise de�erring future similar violatians, or
reduartg Federal finanaal exposure withh regard to the structure or other
developmer�t.
� 10 Ord. Plo. 2-08
� Riverine means relabng to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Sand dune means naturally occurring accumulations of sand in �idges or
mounds landward of the beach.
,
Shallow flooding means the same as area of shallow flooding.
Special flood hazard area means the same as area of special flood
hazard.
Start of construction For other �an new construction or substantial
improvemer�ts under the Coastai B�rier Resourc�s Act P. L. 97-348,
indudes subs�ntial improveme�nt, and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, or improvement was vuifhin 180 days of the permit date.
The actual start means the first plac�ment of permanent construction of a
building (induding a manui�ctured home) on a site, such as the pouring of
slabs or footings, installation of pites, c�nstruc�ion of columns, or any work
beyond the stage of excavation or plac�ner�t of a manufactured home on
a foundation. Permane.nt construc�ion does not include �nd preparation,
such as clearing, grading and frlling; rror does it include the instaliation af
streets and/or walkways; nor does it �clude exc�vaticn for a basement,
� footings, piers or foundations or the erec�ion of temporary forms; r�r d�s
it include the installation on the property of acx�essory buildings, such as
garages or sheds not occupied as dwetting uni�s or not part of the main
building. Fo� substantrel improvement, the actuai start of construction
means the first al�eration of amy wail, ceiling� floor, or other structural part
of a building, whether or not that a�teratia� al�ects the extemal dimensions
of the building.
Storm cellar means a plaoe befow grade us�l to accommoda�
accupa�ts of the st�ucture and emergency supplies as a means of
temporary shetter a�g�inst severe tomadoes or similar windstorm a�ctivity.
St�ucture means for floodplain management purpases a walled and
roofed building, including gas or liquid s�rage tank that is principally
above ground, as well as a manufactured home.
Substan�ial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure ta its before damaged
condition would egual or exceed 50 p�rcent of the market value of the
structure before the damage occurred.
Substential improvement means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cumulative cost of which
equats or exceeds 50 percent of the msr�cet value of the structure before
� the "start of const�uction" of the improvement. This term includes
11 Ord. No. 2 08
� structures that have incurred "substarrtial damage" regardless of the
actual repair work pertormed. This term does not, hawever, include any
repair or improvement of a stn�cture to correct exis�ing violations of State
of Florida or local heaith, sanitary, or safety cade specifica�t+ons, which
have been identified by the locai co� enforcement offic+al pr�ar to the
application for permit for improvement, and which are the minimum
nec�ssary to assure ssfe inring conditians.
Variancs �s a grant of relief from tt�e requirements of this article.
Yiolation means the failure of a structuKe or other development to be funy
comptiant with the requiremeMs of this article. A stru�ture or other
development without the eleva�on �rt�'icate, other cert�ications, or other
evide�ce of c�mpHance required in tM� article is presumed to be in
violatio� until such time as that documentation is provided.
Watercourse means � lake, rivver, creek, stream, w�ash, channel or other
topographic fieature on or o�r which waters flow at least p�riodically.
Watercourse +nckldes spe��cally designated areas in which substar►tial
flood damage may occur.
Watier surfacea elevation means the height, in relation to the National
Geodetic Vertical Da�m (NGVD) of 1929 or the North American Vertical
Datum (NAVD) of 1988� of flaods of various magnitudes and frequer�cies
� in the floodplains of coastal or riverine a�eas.
Sec. 78 774. Areas of speci�l Aood hazard.
The provisions in this article shaN apply to all areas of special flood hazard
within the jurisdict+on of the ViNage o# Tequesta.
Sec. 78-775. Basis for ��blishine s� of special flood hazard.
The areas of special flood hazard identified in Map No. 120228-�01-C,
revised September 30, 1882, by the Federa( Emergency AAanagement Agency in
the Flood Insuranoe Study (FIS) for the V'tllage of Tequesta, with the
accompanying maps and other supporting dada, and �ny subsequent rev�sions
thereto, are adopted by referenc.e and ded�l to be a part of this article. The
Flood fnsuranve Study and Flood Insurar�ce Rate Map are on file with the �Ilage
cterk.
Sec. 78-776. Desiena�on of fl�dplain administrator.
The Village of Tequesta hereby appoinl� the Community Development
Director to adminis�r and implement the provieions of this a�icle and is herein
referred to as the Floodplain Administrator.
Sec. 78-777. Establishment of development permit.
� 12 Ord. Na. 2-08
� A development permit shall be required in conformance with the
provisions of this articfe pr�or to the ccmmencement af any development
activities.
Sec. T8-778. Compliance.
No structure or land shall hereafter be located, ext�nded, converted or
stn�ctura�ly alter�i without full compliance with the terms of this article and other
applicable regulations.
Sec. 78-179. Abroga�on and great�r rea�ic�ions.
This anicle is not intended to repe�l, abrogate, or impair any existing
easements, covenants, or de� restrictions. However, where this article and
another conflict or overlap, whichever impo�es the more stringent restrictions
shafl prevail.
Sec. T8-780. Intierpretation.
In the interpretation and application of this articie alt provisions shall be:
(a} Considered as minimum requirements;
(b) Liberally construed in favor of the goveming body; and
� (c) Deemed neither to limit nor rep�l any other powers granted under
State of Florida statutes.
Sec. 78-781. Wsming and d�claimer of liability.
The degree of flood proteciron requm�d by this a�ticle is considered
reasonable for regulatory purposes and � based on scientific and engineering
consideration. Larger floods can and wilt occ�r on rare occasions. Flood heights
may be irtcreased by man-made or na�r�l causes. This article does not imply
that land outside the areas of special flood ha�ard or uses permitted w�hin such
areas will be free from flooding or flood dam�ges. This articie shall not create
liability on the part of the �Ilage of Tequesta or by any otficer or employee
thereof for any flood damages that resuit frorn reliance on this article or a�ny
administrative decision lawfully made thereunder.
Sec. 78-782. Penalties for Viola�on.
Violat�oR of the provisions of this artide or failure to comply with any of i�
requirements, inciuding violation of c:onditions and safeguards established in
conneCtion with grants of varianoe or speaal exceptions, shall upon the issuance
of an order by the Speciaf Magistrate be punishabb as provided in Chaprer 162,
F.S. Any person who violates this arficle or fails to oomply witt� any uf its
requirements shall, upon adjudication therefor�e, be fined nat mo� than $5Q0,
� 13 Ord. No. 2-08
� and in addition, shall pay all costs and expenses involved in the case. Each day
such violation continues shall be consider� a separate offense. Nothing her�in
contained shall prevent the Floodp(ain Administrator from taking such other
lawful actions as is necessary to prevent or rernedy any violation.
Sec. 78-783. Permit procedures.
Application for a Development Permit shall be made to the Floodplain
Administrator on forms fumished by him or her prior to any devefopment
ac�tivities� and may inc�ude, but not be limited to, the following plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of #he
area in question; existing or proposed str�cEures, earthen fi(I, storage of materials
or equiprnent, drainage faalities, and the location of the foregoing. Speci�celly,
the following information is r�uired:
(a) APplication St�ge:
(1) Elevaatiaan in relation to mean sea level of the proposed
lowest floor (including bas�ernent) of all buildings;
(2) Elevation in relation t�o n�ean sea level to wf�ich any non-
resideMial building will be flood-proofed;
(3) Certificate from a registered professional engirteer or
� architect that the non-r�idential flaod-p�oofed build�ng will
rneet the ftood-proofmg crit�eria in Section 78-783(b) and
secbon 78-7s6(b1(2):
(4} Dea�iption of the extent to which any wateroour$e will be
alte�ecl or relocated as a result of proposed development;
and
(5) Elevat+on in relati�on to mean sea lewl of the bot�m af t�te
lowest horizontal s�uctur�l member of the lowest floor and
provide a certification from � registered engineet' or architect
indicating that they harre developed and or ►evlewed the
structural designs, speaftcetions and plans of the construction
and certifred that are in ae:ca►rdance with ac.cepfed standards of
practicc� in Coastal High Hazard Areas.
(b) Construction Stage:
Upon placement of the lowest floor, or ftood-proofing by whatever
construction means, or bottom of the towest horizontal structural
member it shatl be the duty of the permit hofder to submit to the
Floodplain Administrator a cer�fcatiort of the NGVD or NAVD
elevation of the lowest �oor or flood-proafed elevation, or bottom of
the lowest horizorrtal structaral n�ember as built, in relation to mean
� 14 Ord. No. 2-08
� sea level. Said certification shall be re ared or under the direct
p p bY
supervision of a regis#ered land surveyor or profi�ssional engineer
and vertif�f by s�me. When flood proofing is uti(+zed for a
particular building sa�d certif�tion shall be prepared by or under
the direat supewision of a professional engineer or ar�chitect and
certifred by same. Any work undertaken prior to submissron of the
oertif�cation shaii be af the p�rm�t hofder's rislc. The Floodplain
Administrato� shali review the lowest floor and flood-proofing
elevation sunrey data submit�ed. The permit holder immediately
and prior to further prcgressive work being permitted to prooeed
shall c�rrect violations detected by such review. Failure to subm�t
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 responsibiliti� of the floodplain administrator.
Duties of the Administrator shali includ�, but are not be Nmited to:
(a) Review permits to assure sites are reasonably safe from flooding;
(b) Review all development permits to assure that the permit
requirements of this article have been satisfied;
� (c) Advise permit�e that a+dditional Federal, State of Florida, or local
pennifis may be required, and if such additionai pemrits are
necessary, espeaally as it relates to Chapters 161.053; 320.8249;
320.8359; 373.036; 380.05; 361.0�5, and 553, P��t fV, Florid�
Statutes, require that copies of such permit� be prov�ed and
main�ined on file with the devetopmeM permit;
(d) Notify a�j�certt c�munities, the D�arbnent of Community Affairs,
Division of Emergericy Management� the SouNt Florida Wa1�r
Management District, the Fedeca! Emergency Management Agency
and other Federal and/or State of Florida agencies with statutory or
regulatory authority prior to any alteration or relocation of a
watercourse;
(e) Assure that mair�enance is prov!ided within the alter�d or r�tocated
portlon of said watercourse so that the flood-c�rying c�pacRy is
ma+rrt�ined;
(fl Verifjr and record the actual elevation (in re�don to mean sea level)
� the lowest floor (A Zorres) ar bottom of �he lowest horizontal
structurat member of the lowest floor (V Zones) of all new ar
substantislly improved building�, in accorda�ce with Section 78-
788(b)(9) a�d (2) and Section 78-789(b), respeatively;
� 15 Ord. No. 2-08
� (g) Verify and record the actuat elevation (ln relation to mean sea (evel)
to which the new or substantiaUy impro�ed buildings have been
flood-proofed, in accordanoe w(th Section 78-786(b)(2);
(h} Review cert(freed plarts a�d sp+��rcations for compl�ance. When
f�oaf-proofing is ��lized ior a Rarticu�ar bui�ing, certification shall
be obtairted from a re$is�red engineer or archi�tect certitying that all
areas of the buiWing below the required elevation are water tight
with waUs substantially imperm�ble to �e passage of arete�, and
use structurel c:�nponent� havi�g the cepability of resisting
hydrostatic and hydrodynamlc bads and the effiects of buoyancy in
compliance with Section 7&786(b)(2) of this article. In Coa�tal High
Hazard Areas, certification shall be obtained from a regf�ter�
professional engineer or archite�t that the building is designed and
securely anchored to pilings or co(umns in order � withsfiand
vetocity waters and hurricane tiwave wash. Addiponally in Coa�tal
High Hazard Areas, if the ar�a below the k�w�est horizzontal
structural member of the towest �oor is enclo�d. � may be done so
with opert wood tattiae and insect screening ar with non-supporting
breakaway walls that meet the standards of Section 78-789(fl of
this articte;
(ij Interpret the exact location of 6oundaries of the areas of special
� flood hazard. When the�e appeers i� be a c�nfliCt beiwesn a
mapped boundary and ae�al field oonditions, the Flo�plain
Administrator shali make the n�cessary interpretation. The person
cantesfing the location of the b�ndary shall be given a rea�nable
opportunityr to appeal tfie interpretation as provided in th� articis;
(j) When base flood elevation dafa or ftoodway data have not been
provided in accordance with Sec�ion 78-775, the Fl�dplain
Administrator si�all �ta+n, revi�+v and ►easonably t�tilize any base
fiood e�evation arrd f�oodway da�t availaWe from a Federal, S�te of
Florida, or any other so�rce, in order to adminis�r the provisions of
Sections 78-7� 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 ufii�ized, obtain and maintain r�cords
of lowest floor a�d floodproofmg efevations for ne�v construction
and substanti�l improvernerrts in accord�nce with Section 78-
7�6(b)(1) artd (2), respectivety.
Sec. 78-785. Floor elevation above sea lev�. �
� 16 Ord. No. 2-OB
� Minimum lowest floor elevation above mea� sea level (MSLj for ail new
construction, additions and substantial improvements to existing structures shall
be 8.5 feet (MSL). 16 inches above the cr�m of any road, street, cui-de-sac or
highway, or meet the applicabte r+equirements in Sect�ons 78-786 through 7&789
of t�is articfe, whichever is more stringent.
Sec. 78-786. Provisions for flood hazard reduct+on.
(a) General standards:
In all areas of speciai fload hazard, all development sites including new
construction and substa�tial improvemen�s shalf be reasonabty safe from
flooding, and meet the fo(lowing provisans:
.{ 4) New cortstruction and substaritial improvements shall be
designed or rhodified and adequa�ly anchored to prevent
flotation, collapse or I�teral movement of the stn�ctur�
resulting from hydrodynarr�ic and hydrrostafic loads, including
the effects of buoyancy;
(2) Manufactured hanes shall be anchored to prevent flotation,
collapse, or lateral movement. Methvds af anchorirtg may
include, but are rtot Iknited to, use of over�fte-Mp or frame
ties to ground anchors. Tl�s standard shali be in addiNon �
� and consistent witf► apptiaabte S�rte of Fbrida r�quinsments
far resisbng w+nd foraes;
(3) New construction and sabstantial improvements shaN be
constructed with matie�ria� artd ut�lity equipment resistan# to
ftood damage. See the applicab� Technical Bulletin or
Bulletins �'or guidance;
(4) New constructioron or sub�tantial improveme�rts shall �be
constru�ted by methods amd practices that minimize flood
damage. Se� the ap�icc�ble Technica( BuUetin or Bultetins
for guidance;
(5) Electr+cal, heatir�, veM�satior�, plumbing� air conditioning
equipment and o�er seroice faal'�ies, including duct work,
shall be des� and/or I�cated so as to preverrt water from
entering or accumulating within tl� components during
conditions of flooding;
(6) New and replacement vwater supply systems shall be
designed to minimize o� �liminate infiltration of flood waters
into the system;
� 17 Ord. No. 2-08
� (7y New and replaoement sani�ry sewage systems si�all be
designed to minimize or e�l�ninate infi�tration af flood waters
into the systems and disch�rges from the systems into flood
waters;
(8) On-site waste disposal systems shali be focated and
constructed to avoid impainnent to them or contamination
from them during flooding;
(9) Any atteration, repair, reconstructian or improvements to a
building that is in compli�noe with the provisions of this
article shall mee�t the requirements of "new construction" as
oontained in this article;
(10) Any a�teration, repair, reconstruction or improvements to a
building that is not in comp�iarice with the provisions of this
articfe, shall tre undertaken only if said non-conformi#y is not
furt�tered, extended, or repl�c�;
(11) All applicable additional Federal, S#ate of Fiorida, and local
permits shall be obtained and submitted to the Floodpiain
Administrator. Copies of such permits shall be maintained o�
file with the development permit. State of Florida permits
� may include, but not be limited to the following:
(aa) South Florida W� Management District: in
accordance with Chaptier 373.036 Florida Statutes,
Sectio� (2)(a) - Ff�d Pr�ctlon and Floodplain
Managemerit.
(bb) QeRartment of Communiiy Affairs: in accordance with
Chapter 380.05, Fbrida Statutes, Areas of Critical
State Conoem, and Chapter 553, Part IV, Florida
Statutes, Florida 8uilding Gode.
(cc) Depa�nt of HeaH�: in accordanoe uvith Chapter
381.0065, Florida St�tutes, Onsi�e Sewage Treatment
and Disposai Systems.
(dd) Depart�nt of Environmental Protection, Coastal
Construction Control Line: in acxordance with Cha�er
161.053, Florida St�tutes, Coastal Construction and
Excavation.
(12) Standards for Subdivision Proposafs and other Proposed
Development (including manufactured homes):
� i 8 4rd. No. 2-08
� (aa) All subdivision proposals shall be consistent with t�e
need to minimize flood damage; �
(bb) All subdivision propoaals shall have public utilitiss and
Facilitrtes such a� sewer, gas, e�ctrical, and water
systems located and constructed to minimize or
eliminate flood damage;
(cc) All subdivision proposals shall have adequate
drainage provided to reduce expa�ure ta flood
hazards.
(b) Spec�c standards:
In atl �4 Zones wher� base flood elevation data have been provided
(Zones AE, A1-30, and AH), as set foith in Section 78-775, the following
pravisions shslt apply:
(1) Residerrtial Construction. All new construation or substarrtial
im{xovem�t of any residential building (induding
manufactured home) shaN have the lowest floor, inctuding
basement, etevated fio no lower than one foot above t�e
base flood elevati�on. Should solid foundation pe�imeter walis
� be used to elevate a structure, openings suffrcient to
facilitate automatic equatization of ftood hydrostatic fdr�es on
both sides of �e exterior walls shall be provided in
accordance with standards of paragraph (b}(3) of this
Section.
(2) Non-Res�enti�l Construction. AII new construction or
�ubstaMia! �nprovement of any commercial, industrial, or
non-residential building (including manufactured home) sivatl
have the lowest floor, including basement, elevated to no
lower than one foot above tl� base fbod elevation. AII
buildings located in A Zones may be flood-proofed, in fieu of
being elevated, provided that all area� of the buitding
components �low the ba�e flood elevation pius one foot aroe
water tight with walfs substantialiy impermeabie to the
passage of water, and use structural componerrts having the
capability of res�ting hydrostatic and hydrodynamic loads
and the ef�ects of buoyanay. A registered professional
engineer or ar�chitect shall certi�jr lhat tF� standards of d�is
subsection are satisfied using th8 FEAAA Floodproofing
Certificate. Such c�ti�cation along with the corresponding
engir�eering data, and �he operaational and maintenance
plans shall be provided tv �e Ftoodplain Administrator.
�
l9 Ord. No. 2-06
� (3) Elevated Buildings. N�w construction or substantial
improvements o# elevated buildings that include fully
encl�ed are�s formed by foundation and other exterior
walls be�w the lowest floor e�vabon shall be designed to
preclude flnished living space and designed to allow for the
errtry and exit of floodwaters to automatically equalize
hydrostatic flood foraes on exterior walis.
(aa) D�igns for complying with i�is requireme�nt must
e�her be certified by a professional engineer or
arohitect or meet the fcllowing minimum criter��:
(i) Provrde a rrrir�imum of iwo openings having a
tota! net area of not less than one square inch
for every square foot of enclosed area subject
to flooding;
(ii) The bottom � all ape�ings shall be no higher
than one �oot above foundation adjacent
ir�terior grade (which must be equal to or hi�er
in elevat+on than the adjacent exter�or gr�de);
and
� (iii) �enings may be equipped with scxeens,
buvers, vah�e.s, or other coverings or devioes
pr�rided they provide fhe required net area of
the ope�ings and permit the automatic flow of
flood�nreters in bath directions.
(bb) Fully enclo�ed are�s below the lowest floar sha(I
solety be used for parking of vehicles, st�orage, and
building acoess. Aooess to the enclosed area sf�all i�
minimum necessary► to allow for parking of vehictes
(garage door), lirr�ited storage of maiM�nanoe
equipment used in connection with the pr�rnises
(s�ndard exterior door), or entry to the living area
(siairway or elevator); and
(cc) The iM�erior portion of such enclosed area shall not be
finished or partitioned into separate rooms.
(4) Standards for Manufactured Homes arxi Recreatiortal
Vehicles.
(aa) All manufactured homes that are placed, or
substantialty improved wit�hin Zones A1-30, AH, and AE, on
sites (i) outside of an existmg manufadured home park
or subdivision, (ii) in a new manufactured home park or
� 20 Ord. No. 2-08
� s�bdivisian, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) irt an
existing manufa�ured home park or subdivision on
which a manufactur� home has incurred "substantia!
damage" as �e resutt of a flood, the lowest floor be
elevated on a permanent founda�on to no lower than
one foot above the base flood e�vation and be securety
anchored to an adequately anchored foundation system
to resist flatation, collapse, and lateral movement.
(bb) All manufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision within tones A-1, AH, and AE, that aroe
not subject ta the provisions of paragraph (b)(4)(aa) of
this Section, must b� elevated so that either:
(i) The Iowest �OOr of the manufacttlred home is
elevafi�cl to no tower than one foot above the
base flood ekvation, or
(ii) The manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least an equivalent strength that
� are no less than 36 i�ches, or 48 inches i� one
foot of freeboard adopted, in height above the
g�ade and securely anchored to an adequate
foundation s�yystem to resist flotation, collapse,
and lateral movement.
(cc) AII recreational vehides placed on sites within Zones
A1-30, AH, and AE must either:
(i) Be on the sitee for fewer than 180 consecutive ,
�ys,
(ii) Be fully lic�sed and ready for higi�y use (a
recre��onal �rehicle is rea�dy for highway use if
it is on � wheels or jacking system, is attached
to the si� anfy by quick discon�t type util�ies
and security devicas and has no permanently
at�Ched addit�a'ts), or
(iii) AAeet all the reQuirements for new construction,
including anchoring and elevation requirements
in accordanCe with paragraphs (b)(4)(aa) and
(bbj of this 9ection.
� 21 Ord. No. 2-08
� (5j Adequate drainage paths around structures shall be
prov�ded on slopes to gu�de water away from structur+ES.
(6) Standards for streams with established Base Flood
Elevations, without Regulratory Floodways.
Located within the areas of special flood hazard estabiished
in Section 78-775, wher� streams exist for which bass �ood
etevation data hes been provided by the Fe�ral Emer�nc�r
Management Agency without the deNneatron of the
regufatory �oodv�y (Zones AE artd A 1-30), the foNowing
additionat provisions shall also apply.
(aaj Until a regulatory floodway is designated, na new
construction, sutistantial improvements, or other
developmerrt including fiil shall be permitted within the
areas of speael flood hazard, unless it is
demonstra�d th�t the cumulati� effect of the
proposed develapment, when combined with a(I other
existing and ant�cipat�! development wi8 n� increase
the water suriace elevation of the base flood more
than one foot at any point within the Village.
� (bb) Devetopmer�t acdvfies w�+ch incre�se the water
surf�ce elevation af the base flood by more than one
foat may be allow�d, provided that the deve�per or
applicant fi�t applies, w�th the ViNage's endorsement,
for a c�ndiiti�onal FIRM revision, and reoeives the
approval of tl�e Federal Emergency Management
�►9ency.
(7) Floodways. Located within areas of special flood hazard
estabNshed in Se�ion 76-775, are areas designafed as
floodways. Since the floodway is an extremety hatardous
area due to the vel�ity of flood waters which carry debris,
pofierrti�l pro,�ectiks and ha�ne significant eros�on poteMYal,
the foqowing additional provisions shsN aR�o apply:
(aa) Prohibit encroac,t�nents, including fill, new
construction, substarrtial improvements and other
devela�mer�ts within the regulatory floodway unless
cerrdfficadon (with �upporting technical data) by a
registered professfonal engineer is provided through
hydraulic and hydrolagic analyses performed in
accordance with standard engineering practice
demonstrating that encroachments would not result in
� 22 Ord. No. 2-08
� any increase in flvod teve� during occurrence of the
base flood dischary�.
(bb) Prohibit the plaaement 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 pa�ic or
subdivision provideal the anchoring sfandards of
Section 7&7�(a�2), and the elevation standarcls of
Seaion 78-7�(b)(1) and (2), and the encroachment
standards of Sectian 78-786(bj(7)(aa), are met.
(cc) Development activities includirig new construction and
substarrtial improvements that increase the water
surface e�vadon of the base f�od by more than one
foot may be allov�!d, provided that the developer or
applicaM first �es, with the Village's endorsement,
for a condi'ti�onal FtRM revision, and rec�ves the
approval of FENIA.
(dd) When fill is propos�, in ac�cordanoe with the permit
issued by the Florida Department of Hea�h, withhin the
� regulatory floodway, the develapment permit shall be
issu� only upo� demonstratian bY appropriate
enginee�ng anely�es that the proposed fill wiU not
increase tf� vrater surface elevation of the base flood
in acxordance w+th Section 78-786(bu7)(aa).
(8) For all structures la�ted seaward of the Coastal
Construc�on Control Line (CCCL), the lowest floor of all new
aonstruction and substar�tial improvemerits shall be elevat�
to the regulatory flood eievation established by the Florida
Departmer�t of Environmental Protection or by FEMA in
acoorclance with Section 78-775, whichever is higher. All
non-eleva�on design requir�emenfs of Section 78-789 shatl
aPP�Y•
Sec. 78-787. Speciflc standards far A-Zones wlthout base flood slevations
and reguiatory floodways.
Located within the areas aF specia! flood hazard established in Section 78-
775, where there exist A�ones for which no b�se flood elevation data and
regulatory floodway have been provided or designated by the Federat
Emergency AAanagement Agency, the following provisions shaN apply:
(a) Require sta�dards af Section 78-786(a).
� 23 Ord. No. 2-08
� (b) The Floodplain Admtnistrator ahall obtain, review, and reasonably
utilize any base flood elevstian and floodway data available from a
Federat, S�te of Florida, or any other sourcx, in order to administer
the provisions of t�is artia�e. When such data is ut�l�zed, provisions
of Section 78-786(b) sha!! ap�ly. The Floodplain Administrator
shaN:
(1) Obtafi the etevation (in relation to the mean sea level) of the
lo�est floor (including the basement) of all new and
substan�ally improved structures,
(2) Obtain, if the structure has been flaodproofed in accorda►�c�
with the requirements af Secdon 78-786(b)(2), the elevation
in relation to the m�an � level to which the structure has
been floodproofed, artd
(3) Maintain a record of all such infonnation.
(c) Notify, in riverine situations, adjacent communi�ies, the State of
Florida, Departrnent of Community Affairs, NFIP Coordinating
Offioe, and the applicable Wa�r Management O�trict prior to any
alteration or relocation of a�aratercou�se, and submit capies of such
not�cations to FEMA.
'� (d) Assure that the flood carrying capac+t�l within the a�ered or
relocated prntion of any aratercburse is maintained.
(e) Manufactured homes are prohib�ed w�hin the Village of Tequesta
except as may be permitted for fiemporary facitities.
(fl When the data is not available from any soun;e as in paragraph (b)
of this Section, the lowest floor of the structure shall be elevafied to
no lower than three fe�t abo� the highest adjaoerrt grade.
(g) Require that atl new subd�ision proposats and other proposed
developments (including proposals for manufa�tured home parks
and subdivisions) greater than 50 lots or 5�ces, whic�ever is the
�esser, irmclude within such pr�osats base fload elevation data.
Sec. 7B-768. Standards for AO 2ones.
Located within the areas of special floo�: ha�ard established in Sec�ion
78-775, are areas des�nated as shall�v ftooding areas. These areas have
flood hazards associated with ba� fio� d�hs of one to three feet, where a
clearly defined channel does not exist and the path of flooding is uRpredictable
and indeterminate; therefore, t�e folbwing provisions apply:
� 24 Ord. Plo. 2-08
• (a) All new construction and substantia! improvements of resjden6al
structures in all AO Zones shail have the lowest floor, including
basement, elevated above the highest adjacent grade at least as
high as the depth number speclfied in feet on the Flo� Insurance
Rate Map. If no flood depth number is specified, the lowest floo�.
indudiRg basement, shaH be elevated to no less than !wo feet
above the h�hest adja�nt grade.
(b) AU new construction and substantial improv�nents 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 numbe�r is specified, the lowest floor,
including basement, sha�l be elevated to at least iwo feet
above the highest adjacent grade, or
(2) Together with attendant ut�ity and sanitary facilities be
compietely floodproofed to that level to meet the
floodproofing standard sp�c.tifred in Section 7&786(b)(2).
(cj Adequate drainage paths around stru�tures shall be provided on
• stopes to guide water away from structures.
Sec. 78-789. Coas�l high hazard a�as {V-Zones).
Located within areas of special flood h�zard esfiablished i� Section 76-775
are Coastal High Hazarrl Areas, designated as Zones V i-30, VE, or V(with
BFE). The fotlowing provisions shall apply for aN devetopment activities:
(a) Meet the Requiremenfis of Section 7&783, and Sec�ion 78-788(a)
and (b) (excspt (b)(7)], Section 78-787 and Section 7&788.
(b) All new construction and substantial improvements in Zones V1-
V30, VE, anc! V(with BFE) shall be elevated on pilings or columns
so that:
(1) The bottom of the iov�st horizorrtal structural rr�mber of the
lowest floor (excluding the pilings or columns) is elevat� to
no lov� than one foot above the base flood elevatian
whether or not the structur� coMains a basement; and
(2� The pile or column foundation and structure attached thereta
is anchored to resist flotadon, collapse, and lateral
movemerrt due to the �s of wind and water loads acting
simultaneously on all build�ng components. Water loading
will be those values asso�i�ed with the base flood. Wind
� 25 Ord. No. 2-08
� toading vatues will be thcase required by applicable State of
Florida or �ocal, if more stringent than th�e of tl�e State of
Ftorida, bui�ding stantla►ds.
(c) A registered professional engirieer or architect shall develop or
review the structural design, specifications and plans for the
construaion, and shall certify that the design and methods of
construction to be used are in accordance with acLepted standards
of practioe for meeting the prvvisions of this Section.
(d) Obtain the etevation (in retation to mean sea level) of �e bottom of
the lowest horiwntai structural member of the lowest floor
(exctuding pilings artd ao�umnsj ot all new and substanti�lly
improved structu�s. The F�oodplain Atlrrtinistrator shall mairrtain a
record of all sach infonnation.
(e} All new construation and substantial improvements shall be located
landward of �e reach of inean high 6de.
(fl Provide that ali new construction and substantiai improvements
have the space below the lowest floor eitfier free of obstrut�ion or
constructed with nonsupporting br�kaway wafts, ope� wood
lattice-arork, or insect screening iMended to �olla�se �r�der wind
• and water loads withouf causing coltapse, displacement, or other
structural damage to the elevated portion of t�e bui�ing or
' supporting foundation system. For the pu�se of this section, a
breakaway waA shalt have a design safe loading resistance of not
less than 10 and no mor+e �an 2"0 pounds per square foot. Use of
breakaway wal� wt+ich exr�ed a desi�n safe lo�ing resistanoe of
2Q pounds per sqaare foot (either by design or when so required by
Iocal c.cdes) rnay be pennit�ed only if a registered pro�essional
engineer or architect c�rtifies that the designs proposed me� the
foNowing conditions:
(i) Breakaway wall collaps� shalt result from water load las
than that wt�ich would occur during the base flooci; and
(ii) The elevated port�on � the building and supporting
faunda6on system shaN not be subject to collapse,
displaaement, or other structural damage due to the effects
of wind and water ioads acting simultan�us� on atl building
components (stnacturel and non�ructural). The w�ier
loadfng shall b� those values associated with the base flood.
The wind loading values shall be those required by
applicable Florida ar locaf, if more stringent than tho� of the
State of Florida, building st�ndards.
� 26 Ord. No. 2-0S
S (iii) Such enclosed space shall be useable solely for parking of
vehicles, building access, or storage. Such space shall not
be finish�, partitioned into mu�iple rooms, or temperature-
corrtrol�d.
(g) Prohibit the use of fill for structural support. No devebpment permit
shall be issued for devetopmen� involving fill in coastal high hazard
arees unless it has been dernonstrated through appropriate
engineering analyses thaf the subject fiN does not cause any
adverse impacts to the structure on site or adjac�ent s�tures.
Plac;ement of fill that would result in an increase in the base flood
elevation or cause adverse impacts by wave ramping and
deflection may be permitt�, praivided that the permit �pplicant first
applies for and receiv�s a cond�ional FIRM revision, fulfilling the
requirements for such revisions as established by FEMA.
(h) Prohibit man-made alteration of sand dunes and mangrove stands
that wouM incnease potentiarl fload damage.
(i) Standards for AAanufactured H�omes — manufactured homes are
prohibited vvithin the vilage of Teques� exoept as may be
permitted as fiemporary faciliti�.
(j� Recreational vehicfes placed on sites within Zones VE, V1 V30, V
• (with base flood elevation) on the FIRAA either
(i) Be on the site for fewer th�an 180 consecutive days,
(ii) Be fully licensed and ready for highway use (on its wheels or
jacking system, is attached to the s�e only by qulck
disconnect type utilid� and securii�r devices, and has no
permanently attached additrons); or
(iii) Meet the reqairements of p�ragraphs (2) through (8) of this
SeCtion.
(iv) Prohibit the plac�ment of recre�tional vehicles, except in an
existing recreational vehide park. They must be on si� for
f�evirer than 180 consecutnre da�ys, fully licensed and ready
for highway use (on its wl�eels or j�cking system, is attached
to the sit�e by quick diswnr�ect type util�ies and security
devices, and has no permanently ettached additions). They
shall also have a plan for removal in case of a threat.
(k) Fo� all structures located seaward of the Coas�l Construction
Control Line (CCCL), the bottom of the lowest horixontal structural
member of the lowest fbor of alt new construcfion and sub�tantial
impro�ements shall be elevated to the flood elevation established
• 27 Ord. No. 2-08
• by the Florida Department of Environmentat Protection or the base
flood elevation� whicher�r is the higher. All non�levation design
requinements of par�graphs (b) thrcwgh (k) shall apply.
(I) When fill is proposed, in acc�rdanoe with the permit issued by the
Florida Department of Health, in coastal high hazard area, the
development permit shall be issued only upon demonstration by
appropriate engineering analys� that the proposed ftli will not
increase the water surface elewation of the base flood nor cause
any adverse imp�ts to adjacent properties by wave ramping and
deflection.
Sec. 78-790. Varisnces and appeals.
The Board of Adjustment as �tablisMed by the Village of Tequesta in
Section 78-62 of this chapter shall hear artid decide appeals and requests for
variances from the requirements of this artide.
Sec. 78-T87. Dutiea of Board of Adjustment
The Board of Adjustmerrt sha(I hear ar�i decide appeals when it is alfeged
an error in any requireme�, decision, or determination is made by the Ftoodplain
Managen�ent Administrator in the enforoement or admin�stration of �is art�cie.
Any person aggrieved by the decision of the Board may appeal such �cision
• pursuant to the appeal procedure provided in Sedions 78-83 and 78-67 of this
chapter.
Sec. 78-782. Variance Procedures.
In acting upon such applications, the 6�oard af Adjustment shall consider
ali technical evaluations, al! relevaM fac�tors, standards specified in other sections
of th�s artic�e, and:
(a) The danger that materials may be swept onto other lands to the
injury of others;
(b) The dange� of life and property due to flooding or erosion damage;
(c) The susoeptibility of the proposed f�cilit�/ and its contents to flood
damage and the effect of such damage on the individual owner;
(d) The importance of the ssroices provided by the proposed faality to
the Village;
(e) The neoessity to the faciNty of a wat�rfront location, where
applicable;
• 28 Ord. No. 2-08
� (� The availability of altemative locations for the proposed use whic�
are not subject to flaoding or erosion damage;
(g) The compatibility of the propos�d use with existing and anticipated
develvpment;
(h) The relationship of the propo�ed use to the compr�ehensive plan
and floodplain management program for that area;
(i) The safety of acoess to the property in times of fto� for ordirtary
and emergency vehides;
(j) The expected heights, velocity, duration, rate of r�e, and secliment
of transport of the f�od waters and the effec�s of wave action, if
applicable, expected at the site; and
(k) The costs of providing governr�ntal servic�s during and af�er flood
conditions, including maiMenanoe and repair of public utilities and
facilities such as seaner, gas, ��ecttrical, and water systems, and
streets and bridges.
Sec. 78-793. Conditions for variances.
• (a) Varianoes shall only be issued when there is:
(1) A showing of goc� and sufficient cause;
(2) A determination that failure to grant the variance woutd resu�t
in exceptionat hardship; and
(3) A determination that the granting of a variance will not result
in increa�:al f�OOd he�hts, additional threats to public
expense, creabe nuisanoe�, cause fraud an or victimrzation of
the public, or c�n�l�ct w�hh existing local laws or orodinanoes.
(b) Variances shall oniy be issued upon a determination that the
varianoe is the minimum necessary deviation from the requiremer�ts
of this artide.
(c) Variances shall not be granted aiter-the-fact.
(d) The Fbodplain Administrator shaA maintain the records of all
var+ar�ce act�cns� including justificetion for their issuanoe or denial,
and report such variances in tl�e Village's NFIP Biennial Report or
upon requsst to FEMA and the State of Florida, Deparbne�t of
Community Afiairs, NFIP Coord�ating Office.
Sec. 78-794. Va�iance notification.
� 29 Ord. No. 2-Q8
• Any appficant to whom a variance is grarrted shall be glven written notice
over the signature of a vllage official that:
(a) The issuance of a variance to cx�nstruct a structure below the base
flood elevation will result in increased pfemium rates for fl�d
insuranoe up to amounts as h�h as $25 for $100 of insuranoe
caverage, and
(b) Such construction befow the base flood levet increases risks to �ife
and properfy.
A copy of the notice shaA be rec:orded by the Floodplain Administrator in
the O�rce of the Clerk af Court of Palm 8eaah County and shaN be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
Sec. 78-795. Historie Structures.
Variancss may be issued for the r�pair or rehabilitation of "historic"
structures mee�ing the defmition in this artide upon a determination t�at tfie
proposed r�air or rehabilitatron wilt not preclude the structure's continued
designation as a "historic" structure.
Sec. 78-796. Structur�s in regulatory floodNray.
� Variances shall not be issued within any designated floodway if any
irnpact in flood cond�tions or incxease in flood levels during the base flood
discharge woutd result."
Sec�lon 4: SeverabQlty. If any court af competent jurisdic�on holds any word,
part, section, paragraph or provision hereof to be unlawful or unconstitutional, such
ruling or finding shall not affect the remaining portions of this Ordinance, which shall
remain in full force and ef�eat.
Sec 'on 5: RepeaJ of Ordina�c� 1n Contlict All ordinances or parts of
ordinances in conflict herewith are hereby repe�led.
Section 6; Codification. This Ordin�rroe shall be codified and made a part of
the official Code of Ordinances of the Village of Tequeste.
Sec�ion 7. Effectiv� Date. This Ordinance shall become ef�ective
immediately upon passage.
• 30 Ord. No. 2-08
• Upon First Reading this 90th day of January, 2008, the foregoing Ordinance was
offered by Cauncil Member Paterno who maved 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 Humpac,� X
Vice-Mayor Pat Waticins X
Council Member Dan Amero X
Council Memb�r Tom Patema X
Council Member Calvin Turnquest ABSENT
Upon Second Reading this 14th day of February, 20�08, the foregoing Ordinence
was offered by Council Member Amero who maved its adoption. The mot+on 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
Cou�cil Member Dan Amero X
Council Member Tom Paterno X
Counal Member Calvin Turnquest X
The Mayor thereupon decla�ed the Ordinance duly passed and adopted this 14�
day of February 2008.
R OF TEQUESTA
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� 31 Ord. No. 2-06