HomeMy WebLinkAboutDocumentation_Regular_Tab 10_11/08/2012 McWilliams, Lori
Amended backup to
From: Keith Davis[Keith@corbettandwhite.com]
Item 10
Sent: Monday, November 05, 2012 1:56 PM
To: McWilliams, Lori
Cc: 'Leigh Chapman'
Subject: Flood Hazard Prevention Revisions 2012
Attachments: �lood Hazard Prevention Revisions 2012.docx
lori;
Attached is Ordinance 9=12 for second reading. The state made a few technical revisions to our ordinance,
things like changing the date of FIRM map issuance,and other minar language revisions. None of the changes affect the
intent of the ordinance at all, but they are required to comply with federal and state requirements. Sorry for the last
minute nature of this.
The changes will not require us to re-advertise and we can proceed forward as planned.
Keith W. Davis,Esquire
������� ��
1111 Hypoluzo Road,Suite 207
Lantana,Florida 33462
Tel: (561)586-7116
Fax: (561)586-9611
Email: keith(a�corbettandwhite.com
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1
ORDiNANCE NO. 9-12
AN ORDINANCE OF TI-� VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF �RDINANCES AT
CHAPTER 78. ZOI�ING. ARTICLE XII. FLOOD DAMAGE PREVENTION.
BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RE-ADOPTING IT
TO PROVIDE UPDATED REGULATIONS IN CQNFORMANCE WITH
REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM;
ADOPTING CERTAIN ADMINISTRATNE AMENDMENTS TO TI-�
FLORIDA BUILDING CODE PURSUANT TO SEC. 553.73(5), FLORIDA
STATUTES, IN FURTHERANCE OF THE NATIONAL FLOOD INSURANCE
PROGRAM; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. ZOI�iING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS,the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local govemments the authoriiy to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREA5, the Federal Emergency Management Agency has ident�ed special flood.
hazard areas within the boundaries of the Village of Tequesta. and such azeas are subject to
periodic inundation which may result in loss of life and property, health and safety ha.zards,
disruption of commerce and governmental services, extrac>rdinary public expenditures for flood
protection and relief, and impairtnent of the ta�t base, a11 of which adversely affect the public
health,safety and general welfare,and
WHEREAS, the Village of Tequesta was accepted for participation in the National
Flood Insurance Program on June 11, 1971 and the Village Council of the Village of Tequesta
desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60,necessary for participation in the National Flood Insurance T'rograin;and
WHEREAS, Chapter 553, Florida. Sta.tutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code,called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida. Statutes, allows adoption of local administrative
amendments to the Florfda Bualding Code to implement the National Flood Insurance Program
and incentives; and
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WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed floodplain management regulations that are coordinated
with the Florida Building Code: and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed local amendments to the 2010 Florida Building Code
and tha.t the proposed amendments are not more stringent than necessary to address the need
identified, do not discriminate against materials, products or construction techniques of
demonstrated capabilities,and are in compliance with section 553.73(5),Florida Sta.tutes.
NOW, THEREFORE, BE TT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA,FLORIDA,THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XII. Flaod Damage Prevention. by repealing this article in its
entirety and re-adopting it to provide updated regulations in conformance with requirements of
the National Flood Insurance Program; further adopting certain administrative amendments to
the Florida. Building Code in furtherance of the National Flood Insurance Program; providing
that Chapter 78, Article XII shall hereafter read as follows:
Chapter 78
ZONING
ARTICLE XII.FLOOD DAMAGE PREVENTION
DIVISION 1.ADMINISTRATION
SECTION 1.General
Sec. 78-771. Title. This article and these regulations sha11 be known as the Flood Damage
Prevention Ordinance of the Village of Tequesta.
Sec. 78-772. Scope. The provisions of this article shall apply to a11 development that is wholly
within or partially within any flood hazard azea within the Village of Tequesta,, including but not
limited to the subd.ivision of land; filling, grading, and other site improvements and utility
installations; construction, alte7ation, remodeling, enlargennent, improvement, replacement, repair,
relocation or demolition of buildings, structures, and facilities that are exempt from the Florida
Building Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or repla.cement of tanks; placement of recreational vehicles; installation of
swimming pools;and any other development.
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Sec. 78-773. Intent. The purposes of this article and the flood load and flood resistant
construction requirements of the Florida Building Code are to establish m.inimum requirements
to safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
4. Manage the alteration of flood hazard areas,watercourses, and shorelines to xrLnimi�e the
impact of development on the natural and beneficial funcrions of the floodplain;
S. Minimize da.mage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and .
8. Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
�c. 7&774. Coordination with the Florida Building Code. This article is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
Sec. 78-775. Warning. The degree of flood protection required by this article and the Florida
Building Code, as amended by the Village of Tequesta, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can and
will occur. Flood heights may be increas�i by man-made or natural causes. This article does not
imply that land outside of mapped special flood hazard areas,or that uses permitted within such flood
hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevadons contained in the Flood Insurance Study and shown on the Flood Insurance Rate Maps and
the requirements of Ti�le 44 C.F.R, Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring the Village of Tequesta to revise these regulations to remain eligible
for participation in the National Fload Insurance Prograxn. No guaranty of vested use, e�sting use,
or future use is implied or expressed by compliance with this article.
Sec. 78-776. Disclaimer of Li�bility. This article sha11 not create liability on the part of the
Village of Tequesta or on the part of any officer, official or employee of the Village of Tequesta
for any flood damage that results from reliance on this article or any administrative decision
lawfully made thereunder.
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SECTI�N 2.App6cability
Sec. 78-777. GeneraL Where there is a conflict betw�n a general requirement and a specific
requirement, the specific requuement shall be applicable. Where, in any specific case,
requirements of this article conflict with the requirements of the Florida Building Code,the most
restrictive shall govern.
Sec. 78-778. Areas to which this article applies. This article shall apply to all flood hazard
areas within the Village of Tequesta, as established in Sec. 78-779 of this article.
Sec. 7&779. Basis for establisLing flood haz�rd are�s. The Flood Tnsurance Study (FIS) and
wave height analysis for the Village of Tequesta, Palm Beach County, Florida, dated
September30, 1982, and a11 subsequent amendments and revisions, and tlie accompanying Flood
Insurance Rate Maps, and a.11 subsequent amendments and revisions to such maps, are adopted
by reference as a part of this article and shall serve as the minimum basis for establishing flood
hazard areas. Studies and maps that esta.blish flood hazard areas are on file at the office of the
Village Clerk.
Sec. 78-780. Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Section 5 of this division, the
Floodplain Administrator may require submission of additional data.. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates tha.t ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIItM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements of
the Florfda Building Code.
2. Are above the closest applica.ble base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 78-781. Other laws. 'The provisions of this article sha11 not be deemed to nullify any
provisions of local, sta.te or federal law.
Sec. 78-782. Abrogation and greater restrictions. This article supersedes any ordinance in
effect for management of development in flood hazard areas in the Village of Tequesta..
However, it is not intended to repeal or abrogate any e�sting village code including but not
limited to land development regulations,zoning regulations,stormwater management regulations
or the Florida Buidding Code. In the event of a conflict between this article and any other village
code, the more restrictive sha11 govem. This article sha11 not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be governed by this
article.
Sec. 7&783. Interpretation. In the interpretation and application of this article, all provisions
sha11 be:
1. Considered as minimum requirements;
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2. Liberally construed in favor of the Village of Tequesta;and
3. Deemed neither to limit nor repeal any other powers granted under state sta.tutes.
SECTION 3.Daties and Powers of the Floodplain Administrator
Sec. 78-784. Designation. The Director of Community Development is designated as the
Floodplain Administrator for the Village of Tequesta. The Floodplain Administrator may
delegate performance of certain duties to other employees.
Sec. 78-785. GeneraL'The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this article. The Floodplain Administrator shall have the authority to
render interpretations of this article consistent with the intent and purpose of this article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this article without the granting of a variance pursuant to Section 7 of
this division.
1. Sec. 78-786. Applications and pe�mits. The Fl�dplain Administrator, in coordination
with other pertinent Village officials, sha11:
2. Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
3. Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this article;
4. Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to ap�al the interpretation;
5. Provide available flood elevation and flood hazard information;
6. Detemune whether additional flood hazard da.ta. sha11 be obtained from other sources or
shall be developed by an applicant;
7. Review applications to determine whether proposed development will be reasonably safe
from flooding;
8. Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Fdorida Building Code, when compliance with
this article is demonstrated, or disapprove the same in the event of noncompliance; and
9. Coordinate with and provide comments to the Building Official to assure that
applications, pla.n reviews and inspections for building pernuts for buildings and
structures in flood hazard areas comply with the requirements of this article.
10. Sec. 78-787.Determinations for ezisting buildings and structures. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, reha.bilitations,
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renovations, and any other unprovement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official,shall:
11. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the da,mage occurred and before
any repairs are made;
12. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable,to the market value of the building or structure;
13. Deternline and document whether the proposed work constitutes substantial improvement
or repair of substantial damage; and
14.Notify the applicant if it is determined that the work canstitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant provisions of
the Florida Building Code and this article is required.
15. Sec. 78-788.Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the
Building Official that seek approval to modify the strict application of the flood load and
flood resistant construction requirements of the Florida Building Code to determine
whether such requests require the granting of a variance pursuant to Section 7 of this
division.
16. Sec. 78-789, Coordination of nodees and orders. The Floodplain Administrator shall
coordinate the issuance of a11 necessary notices or orders to ensure compliance with this
article and the flood resistant construction requirements of the Florida Building Code.
Sec. 78-790. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 6 of this division for development that is not subject to, or exempt from, the
Florida Building Code, including buildings, structures and facilities exempt from the Florida
Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
17. Sec. 78-791. Ot6er duties of the Floodplain Administrator. The Floodplain
Administrator sha11 have other duties, including but nvt limited to:
18. Establish procedures for administering and documenting determina.tions of substantial
improvement and substantial damage made pursuant to Sec. 78-787 of this article;
19. Require that applicants proposing alteration of a watercourse notify adjacent communities
and the Florida Division of Emergency Management, State Floodplain Management
Office, and submit copies of such notifications to the Federal Emergency Mana.gement
Agency(FEMA);
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20. Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propase to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data.becoming available;
21. Review required design certifications and documenta.tion of elevations specified by this
article and the Florida Building Code with this article, to determine that such
certifications and documentations are complete;
22. Notify the Federal Emergency Management Agency when the corporate boundaries of
the Village of Tequesta are modified;and
23. Advise applicants for new buildings and structures, including substantial improvements
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act(Pub. L. 97-348)and the Caastal Barrier Lnprovement Act
of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this lixnitation are identified on Flood Insurance Rate Maps
as"Coastal Barrier Resource System Areas"and"Otherwise Protected Areas."
Sec. 78-792. Floodplain management records. Regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator shall ma.intain and
permanently keep and make available for public inspection a11 records that are necessary for the
administration of this article and the flood resistant construction requirements of the Fdorida
Buidding Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of
permits and denial of permits; determinations of whether proposed work consritutes substantial
improvement or repair of substantial da.mage; required design certifications and documenta.tion
of elevations specified by the Florida Building Code and this article; notifications to adjacent
communities, FEMA, and the state related to alteratians of watercourses; assurances tha.t the
flood carrying capacity of altered watercourses will be maintained; documentation related to
appeals and variances, includin�justification for issuance or denial; and records of enforcement
actions taken pursuant to this article and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at the office of the
Community Development Director.
SECTION 4.Permits
Sec. 78-793. Permits required. Any owner or owner's authorized agent (hereinai�er
"applicant") who intends to undertake any development activity within the scope of this article,
including buildings,structures and facilities exempt from the Fdorida Buidding Code,which is wholly
within or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable,and shall obtain the required permit(s) and
appmval(s). No such permit or appmval shall be issu�until compliance with the requirements of
this article and all other applicable codes and regulations has been sa.tisfied.
Sec. 78-794. Floodplain development permits or �pprovals. Floodplain development peimits or
approvals shall be issued pursuant to this article for any development activities not subject to the
requirements of the Florida Building Code,including buildings,structures and facilities exempt from
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the Florida Building Code. Depending on the nature and e�ent of proposed development that
includes a building or structure, the Floodplain Administrator may determine that a flood.plain
development pennit or approval is required in addition to a building pemut.
Sec. 7&795. Buildings, structures �nd facilities ezcmpt from the Florida Build�'ng Code.
Pursuant to the requirements of federal regulation for participa.tion in the National Flood
Insurance Program(44 C.F.R. S�tions 59 and 60), floodplain development permits or approvals
sha11 be required for the following buildings, structures and facilities that are exempt from the
Florida Building Code, and any further exemptions provided by law, which are subject to the
requirements of this chapter:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms,as provided in section 604.50,F.S.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular siructures used as temporary offices.
5. Those structures or facilities of electric utilities,as defined in Sec. 366.02, F.S.,which are
directly involved in the generation,transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto ar other traditional materials,
and that does not incorporate any electrical,plumbing,or other non-woad features.
7. Family mausoleums not exceeding 250 squa.re feet in area. w}uch aze prefabricated and
assembled on site or preassembled and delivered onsite and have wa11s, roofs, and a floor
constructed of granite,marble or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the
sta.te correctional system.
9. Structures identified in Sec. 553.73(lOxk), F.S., are not exempt from the Florida
Building Code if such structures are located in flood h�aza.rd areas established on F�ood
Insurance Ra.te Maps.
Sec. 78-796. Application for a permit or approval. To obtain a floodplain development pernut
or approval the applicant sha11 first file an application in writing on a form furnished by the
village. The information�rovided sha11:
1. Idenrify and describe the development to be covered by the pernut or approval.
2. Describe the land on which the proposed development is to be conducted by legal
description, street address or similaz description that will readily identify and defuutively
loca.te the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section S of this
division.
5. Sta.te the valuation of the proposed work.
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6. Be signed by the applicant or tlie applicant's autliorized agen�
7. Give such other da.ta.and information as required by the Floodplain Administrator.
Sec. 7&797. Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this article sha11 not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance or code of the
Village. The issua.nce of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of
errors and omissions.
Sec. 7&798. Ezpiration. A floodplai.n development permit or approval sha11 becvme invalid
unless the work authorized by such�rmit is commenced within 180 days after its issuance,or if
the work authorized is suspended or abandoned for a period of 180 da.ys after the work
commences. Extensions for periods of not more than 180 days each sha11 be requested in writing
and justifiable cause shall be demonstrated.
Sec. 7&799. Sus�nsion or revoeation. The Floodplain Administrator is authorized to suspend
or revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this article or any
other ordinance,regulation or requirement of the Village.
24. Sec. 78-800. Other permits required. Floodplain development permits and building
permits shall include a condition that all other applicable state or federal permits be
obtained before commencement of the permitted development, including but not limited
to the following:
25. The South Florida Water Management District; Sec. 373.036,F.S.
26. The Florida Department of Health for onsite sewage treatment and disposal systems; Sec.
381.0065,F.S. and Chapter 64E-6, F.A.C.
27. The Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; Sec. 161.141,F.S.
28. The Florida Department of Environmental Protecrion for activities subject to the Joint
Coasta.l Pernut; Sec. 161.055,F.S.
29. The Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers;
Section 404 of the Clean Water Act.
SECTION 5. Site Plans and Construction Documents
Sec. 78-801. Information for development in flood hazard areas.The site plan or construction
documents for any development subject to the requirements of this article sha11 be drawn to scale
and shall include, as applicable to the proposed development:
1. Delineation of flood ha.zard areas, floodway boundaries and flood zone(s), base flood
9
elevation(s) and ground elevations if necessary for review of the proposed development.
2. Where flood hazard areas,base flood elevations, or floodway da.ta.are not included on the
FIRM or in the Flood Insura.nce Study, they sha11 be esta.blished in accordance with Sec.
78-802 of this article.
3. Where the parcel ort which the proposed development will take place will ha.ve more than
50 lots or is larger than 5 acres and the base flood elevations are not included on the
FIRM or in the Flood Insurance Study, such elevations sha11 be established in accordance
Sec. 78-802 (1)or(2)of this article.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings sha11 be located
landward of the reach of inean high tide.
5. Lpcation,extent, amount, and proposed fmal grades of any filling, gradang, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
7. Delineation of the Coastal Construction Control Line or nota.tion that the site is seaward
of the Coastal Construction Control Line,if applicable.
8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other da.ta that aze required by this article but that are not required to be prepared
by a registered design professional if it is found that the nature of the proposed development is
such that the review of such submissions is not necessary to ascertain compliance with this
article.
30. Sec. 7$-802. Inform�tion i� #lood hazard are�s without base flood elevations
(approzimate Zone A). Where flood haza.rd azeas are delineated on the FIRM and base
flood elevation data.have not been provided,the Floodplain Administra.tor sha11:
31. Obtain, review, aad provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source; or
32. Where base flood elevation and floodway data are not available from another source,
where the available data is deemed by the Floodpla.in Administrator to not reasonably
reflect flooding conditions, or where the available data. is knawn to be scientifically or
technically incorrect or otherwise inadequate:
33. Require the applicant to develop base flood elevation da.ta prepared in accordance with
currently accepted engineering practices; or
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34. Specify the base flood elevation is two (2) feet above the highest adjacent grade at the
location of the development, provided there is no evidence indicating flood depths have
been or may be greater than two(2)feet.
35. Where the base flood elevation data are to be used to support a I.etter of Map Change
from FEMA, advise the applicant that the analyses sha11 be prepared by a Florida licensed
engineer in a format required by FEMA, and that it sha11 be the responsibility of the
applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 78-8fl3. Addition�l analy�es and certific�tions. As applicable to the location and nature
of the proposed develapment activity, and i.n addition to the requirements of this section, the
applicant sha11 have the following analyses prepared, signed and sealed by a Flarida licensed
engineer for submission with the site plan and construction documents:
l. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, tl�e
applicant shall submit such analysis to FEMA as specified in Sec. 78-803 of this article
and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the
site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insura.nce Study or on the FIRM
and floodways have not been designated, a floodway encroachment analysis which
demanstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point withi.n the community. This
requirement does not apply in isolated flood haza,rd azeas not connected to a riverine
flood haza,rd area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering aualysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the
altered or relocated portion of tbe watercourse will not be decreased,and certification that
the altered watercourse shall be maintained in a manner which preserves the channel's
flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in
Section 78�804 of this article.
4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone V), an engineering analysis that demonst�rates that the proposed alteration
will not increase the potential for flood damage.
Sec. 78-804. Submission of additional data. When additional hydrolagic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
app�icant has the right to seek a Letter of Map Change from FEMA to cha.nge the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by
a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
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SECTION 6.Inspe�tic►ns
Sec. 78-805. GeneraL Development for which a floodplain development permit or approval is
required shall be subject to inspection.
Sec. 78-806.Development other than buildings and structures. The Floodplaan Adminislrator
shall inspect all development to determine compliance with the requirements of this article and
the conditions of issued floodplain development pernuts or approvals.
Sec. 7&807. Baildings, structures and facilities. The Building Official sha11 inspect buildings
and structures subject ta the Florida Buadding Code to determine compliance with the flood load
and flood resistant construction requirements of issued building permits and the Florida Building
Code. The Floodplain Administrator shall inspect buildings and structures exempt from the
Florida Building Code to determine compliance with the requirements of this article and the
conditions of issued floodplain development permits or approvals.
Sec. 78-808. Buildings, structures and facilities ezempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building or structure exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Flaodplain Administrator:
1. If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor;or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Sec. 78-802(2)(b) of this article, the documentation of
height of the lowest floor above highest adjacent gra.de, prepared by the owner or the
owner's authorized agent.
Sec. 78-8Q9. Buildings, structures and facilities ezempt from tl�e Florida Building Code,
final inspection. As part of the final inspection, the owner or owner's authorized agent sha11
submit to the Floodplain Administrator a final certification of elevation of the lowest floor or
final documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Sec. 78-808 of this article.
Sec. 78-810. Manufactur�d homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this article and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor sha11 be submitted to the
Floodplain Administrator.
SECTION 7.Variances and Appeals
Sec. 78-811. General. Pursuant to section 553.73(5), F.S., the Boazd of Adjustment shall hear
and decide on requests for ap�a.ls and requests for variances from the strict application of the
requirements of this article and the flood resistant conshvction requirements of the Florida
12
Building Code. This section does not apply to Section 3109 of the Florida Building Code,
Building.
Sec. 78-812.Appeals. The Board of Adjust�ent sha11 hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the administration and enforcement of this article. Any person aggrieved by the
decision of the Board of Adjustment may appeal such decision#o the Circuit Court, as provided
by Florida Statutes.
Sec. 78-813. Limitations on authority to grant variances. The Board of Adjustment sha11 base
its decisions on variances on technical justifications submitted by applicants, the considerations
for issuance in Sec. 78-817 of this article, the conditions of issuance set forth in Sec. 78-818 of
this article, and the comments and recommendations of the Floodplain Administrator and the
Building Official. The Board of Adjustrnent has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this article.
Sec. 78-814. Restrictions in floodways. A variance sha11 not be issued for any proposed
development in a flootiway if any increase in base flood elevations would result, as evidenced by
the applicable analyses and certifications required in Sec. 78-803 of this article.
Sec. 78-815. Historic buildings. A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the exception
to the flood resistant construction requirements of the Florida Buidding Code, Existing Buidding,
Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilita.tion will not preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic building, a
variance shall not be granted and the building and any repair, improvement, and rehabilita.tion
sha11 be subject to the requirements of the Florida Buidding Code.
Sec. 78-816. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this chapter, provided the variance meets the requirements of Sec. 78-814 of
this article, is the minimum necessary considering the flood hazard, and all due consideration has
been given to use of inethods and materials that minimi�.e flood damage during occurrence of the
base flood.
Sec. 78-817. Considerations for issuance of variances. In reviewing requests for variances,the
Boa.rd of Adjustment sha11 consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code,this cha.pter, and the following:
l. The danger that materials and debris may be swept onto other lands resulting in further
inj ury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. T'he susceptibility of the proposed development, includin� contents, to flood damage and
the effect of such damage on current and future owners;
13
4. The importance of the services provided by the proposed development to the village;
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
6. The compatibility of the proposed development with existing and anticipated
develapment;
7, The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
S. The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
Sec. 78-818. Conditions for issuance of variances.Variances sha11 be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
chara.cteristics of the size, configuration, or topography of the site limit compliance with
any provision of this article or the required elevation standards;
2. Determination by the Board of Adjustment that:
a Failure to grant the variance would result in exceptianal hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with e�sting local laws and
ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
4. If the request is for a variance to allow construction of the lowest floor of a building, or
substantial improvement of a building, below the required elevation, a copy in the record
of a written notice from the Floodplain Administrator to the applicant for the variance,
specifying the difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be commensurate
with the increased risk resulting from the reduced floor elevation (up to amounts as high
as$25 foz$100 of insurance coverage), and stating that construction below the base flood
elevation increases risks to life and property.
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SECTION 8.Violations
Sec. 78-819. Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this article that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this article, shall be deemed a
violation of this article. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this article or the Florida Building Code is presumed to be a violation until such time as that
documenta.tion is provided.
Sec. 78-820. Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved,to the owner's agent, or to the person or persons performing the work.
Sec. 78-821. Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that�rson is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to code
enforcement and penalties as set forth in Chapter 162 F.S., Part I, and Chapter 2 of the Village's
code.
Secs. 78-822—78-829.Iteserved.
DIVISION 2.DEFINITIONS
SECTION 1. General
Sec. 78-830. Terms defined in the Florida Building Code. Where terms are not defined in this
article and are defined in the Florida Building Code, such terms sha11 have the meanings ascribed
to them in that code.
Sec. 7&831. Terms not d�fined Where terms are not defined in ttus article or the Florida
Building Code, such terms sha11 have ordinarily accepted meanings such as the context implies.
SECTION 2.Definitions
Sec. 7&832. Definitions. Unless otherwise expressly stated, the following words and terms
shall,for the purposes of this article,have the meanings shown in this section.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the cha.nnel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
AppeaL A request for a review of the Floodplain Administrator's interpretation of any provision
of this article or a request for a variance.
15
ASCE 24. A standazd titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers,Reston,VA.
Base flood. A flood having a i-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-year flood" or the"1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on a11 sides.
[Also defined in FBC,B, Section 1612.2.]
Building Official. The officer or other designated authority, or a duly authorized representative,
charged with the administration and enforcement of the Florida Building Code, within the
Village of Tequesta. [Also defined in FBC,B, Section 1612.2.]
Building permit. An official document or certifica.te issued by the building official which
authorizes performance of specific activities that are determined to be compliant with the Florida
Building Code.
Coastal construction control line. The line established by the State of Florida.pursuant to Sec.
161.053,F.S.,and recorded in the official records of the village,wluch defines that portion of the
bea.ch-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary fronta.l dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Ra.te Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC,B defines and
uses the term"flood haza.rd areas subject to high velocity wave action" and the FBC, R uses the
term"coastal high hazax�d areas."]
Design tiood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1-percent or greater cha.nce of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the village's legally designated flood hazard map. In ateas designated as
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
16
building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth nunnber is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC,B, Section 1612.2.]
Development, Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land disiurbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Egisting 6uilding and existing structure. Any buildings and structures for which the "start of
construction"commenced before June 11, 1971. [Also defined in FBC,B, Section 1612.2.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions,administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC,B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC,B, Section 1612.2.]
Flood hazard area. The greater of the following two azeas: [Also defined in FBC, B, Sectian
1612.2.]
1. The area within a floodplain subject to a 1-perce�t or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the village's flood hazard map, or
otherwise legally designated.
Flood Iasurance Rate M�p (FIR11�. The official map of the village on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the village. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report providea by the Federal Emergency
Management Agency that contains the Flood Insurance Ra.te Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical da.ta.. [Also defined in FBC,B, Section 1612.2.]
17
Floodplain Adminisirator. The office or position designated and charged with the
administration and enforcement of this article(ma.y be referted to as the Floodplain Ma�ager).
Floodplain development permit or approval. An official document or certificate issued by the
floodplain administrator, or other evidence of approval or concurrence, which authorizes
performance of specific development activities that are located in flood hazard areas and that are
determined to be compliant with this article.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expecfied to have on the floodway boundaries and base flood
elevations; the evaluation sha11 be prepazed by a qualified Fiorida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida $uilding Code, Residential; Florida
Building Code, Existing Building; Fdorida Building Code, Mechanical; Florida Building Code,
Plumbing; Floridcr Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out i.n close proximity to water, including only doeking facilities,port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest na.tural elevation of the ground surface prior to
construction next to the proposed walls or founda.tion of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issu�l by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
Letter of Map Amendment (LOMA� An amendment based on technical data. showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Man Revision�LOMR� A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area bounda.ries and
floodway delineations,and other planimetric features.
Letter of Ma� Revision Based on Fill (L�MR-F): A determination that a structure or
18
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the s�cial flood hazard area. In order to qua.lify for this
determination, the fill must have been permitted and placed in accordance with the
village's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR� A formal review and comment as to
whether a proposed flood protection project or other pmject complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission axid approval of certified as-built documenta.tion, a
Letter of Map Revision may be issued by F�MA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less,which is:
1. Designed primarily for purposes of transporta.tion of property or is a derivation of such a
vehicle, or
2. Designed primazily for transportation of persons and has a capaeity of more than 12
persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed azea of a buildi.ng or shucture, including
basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle
parking, building access or limited storage provided that such enclosure is not built so as to
render the structure in violation of the Florada Building Code or ASCE 24. [Also defined in
FBC, B, Section 1612.2.]
M�nufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater tha.n four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a"recreational
vehicle" ar"park trailer." [Also defined in 15C-1.0101,F.A.C.]
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this article, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Va1ue (replacement cost
depreciated for age and quality of construction), or t�assessment value adjusted to appro�mate
market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this article and the flood resistant
construction requirements of the Florida Building Code, stiructures for which the "start of
construction" commenced on or after June 11, 1971, and includes any subsequent improvements
to such structures.
Nonresidential. Any building or structure or portion thereof that is not classified residential in
accordance with the Fdorida Building Code, Building (Residential Group R or Institutional
19
Group I)and ASCE 24. [Also see definition in ASCE 24.]
Sand dnnes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood ha�ard area. An area in the floodplai.n subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
Al-A30,AE,A99, AH,V1-V30,VE or V. [Also defined in FBC,B Section 1612.2.]
Start of construction. The date of issuance for new construction and substa.ntial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
reha.bilitation, addition, placement, or other improvement is within 1$0 days of the da.te of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings,the installation of piles,the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement,the actual "start of construction"means the first altera.tion of any wall,
ceiling, floor or ather structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the mazket value of the building or structure before the damage occurred. [Also
defined in FBC,B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of whieh equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repau�s are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either:
[Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the rninimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's contin�ed designation as a historic structure.
Variance. A grant of relief from the requirements of this article, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
20
DIVISION 3.FLOOD RESISTANT DEVELOPMENT
SECTION 1.Buildiags�nd Structures
Sec. 78-833. Design and construction of buildings, structures and faeilities exempt from the
Florida Building Code. Pursua.nt to Sec. 78-795 of this article,buildings, siructutes, and facilities
that are exempt from the Florida Building Code, including substantial improvement or repair of
substantial damage of such buildings, siructures and facilities, shall be designed and constructed in
accordance with the flood load and flood resistant construction r�uirements of ASCE 24. Structures
exempt from the Florida Building Code that are not walled and roofed buildings shall comply with
the r�uirements of Section 6 of this division.
�c. 78-834. Buildings �nd structures seaw�rd of the coastal construMion cantrol line. If
e�ending, in whole or in part, seaward of the coastal construction control line and also located, in
whole or in part,in a flood hazard area:
1. Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Bualding Sec. 3109 and
Section 1612 or Fdorida Building Code, Residential Sec.R322.
2. Minor structures and non habitable major structures as defined in Sec. 161.54, F.S., shall be
designed and constructed to comply with the intent and applica.ble provisions of tbis arkicle
and ASCE 24.
SECTION 2.Subdivisions
Sec. 78-835. Minimum requirements. Subdivision proposals sha11 be reviewed to determine
that:
1. Such proposals are consistent with the need to rrLnimi�e flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimi�e or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards. In Zones AH and
AO, adequa.te drainage paths sha11 be pmvided to guide floodwaters around and away
from proposed structures.
Sec. 78-836. Subdiyision plats. Where any portion of a proposed subdivision lies within a flood
hazard area,the following shall be required:
36. Delineation of flood hazard areas, floodway boundaries and flood zones,and design flood
elevations,as appropriate,shall be shown on preliminary plats and final plats;
37. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations aze not included on the FIRM, the base flood elevations determined in
accordance with Sec. 78-802(1)or(2)of this article; and
21
38. Compliance with the site improvement and utilities requirements of Sec. 78-838.
SECTION 3. Site Improvements,Utilities and Limitations
Sec. 78-837. Minimum r�uirements. All proposed new development shall be reviewed to
determine that:
1. Such proposals are consistent with the need to minimi7.e flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, a.nd water
systems are lacated and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazazds. In Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 78-838. Sanitary sew�ge facilities. All new and replacement sanitary sewage facilities,
private sewage lreatment plants (including all pumping sta.tions and collector systems), and on-
site waste disposal systems sha11 be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimi�e or
eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters,and impairment of the facilities and systems.
Sec, 78-839. W�ter supply f�eilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C.
and ASCE 2�Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
Sec. 78-840. Limitations on sites in regulatory floodways. No development, including but not
limited to site improvements, and land disturbing activity involving fill or regrading shall be
authorized in the regulatory floodway unless the flaodway encroachment analysis required in
Sec. 78-803 of this article demonstrates that the proposed development or land disturbing activity
will not result in any increase in the base flood elevation.
Sec. 78-841. Limitations on placement of fill. Subject to the limitations of this article, fill shall
be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
sha11 comply with the requirements of the Florida Building Code.
Sec. 7&842. Limitations on sites iuw coastal high hazard areas (Zone �. In coastal high
hazard azeas, alteration of sand dunes and mangrove stands sha11 be pernutted only if such
altera.tion is approved by the Florida Department of Environmental Protection and only of the
engineering analysis required by Sec. 78-803(4) of this article demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Sec. 78-861 of this article.
22
SECTION 4.Manufactured Homes
Sec. 78-843. GeneraL All manufactured homes installed in flood hazard areas sha11 be installed
by an installer that is licensed pursuant to Sec. 320.8249, F.S., and sha11 comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this article.
Sec. 78-844. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent,reinforced foundations that:
l. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance the foundatian requirements of the Florida Building Code, Residential
Section R322.2 and this article.
2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this article.
Sec. 7$-845. Anchoring. All new manufactured homes and replacement manufactured homes
shall be instatled using methods and practices which minimize flood damage and sha11 be
securely anchored to an adequa.tely anchored foundation system to resist flota.tion, collapse or
lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This anchoring r�uirement is in addition to applicable state and
local anchoring requirements for wind resistance.
Sec. 78-846.Elevation. Manufactured homes that are placed,replaced,or substantially impraved
shall be elevated such that the bottom of the frame is at or above the elevation required, as
applicable to the flood hazard azea, in the Florida Building Code, Residential Section R322.2
(Zone A)or Section R322.3 (Zone�.
Sec. 78-847. Enelosures. Fully enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazazd area.
Sec. 78-848. Utility equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Fdorida Building Code, Residential Section
R322, as applicable to the flood hazard area.
SECTION 5. Tanks
Sec. 78-849. Underground tanks. Underground tanks in flood hazard areas sha11 be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodyna.mic and hydrosta.tic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
Sec. 78-850. Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Sec. 78-850 of this article shall:
1. Be pernutted in flood hazard areas (Zone A) other than coastal high hazard areas,
pmvided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
23
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
2. Not be permitted in coastal high ha.zard areas(Zone V).
Sec.78-851. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
attached to, and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
Sec. 78-852.Tank inlets�nd vents. Tank inlets,fill openings,outlets and vents sha11 be:
1. At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy,during conditions of the design flood.
SECTION 6. Other Development
Sec. 78-853. General requirements for other developmen� All development, including man-
made changes to improved or unimproved real estate for which specific grovisions are not
specified in this ordinance or the Florida Building Code, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limita.tions of Sec. 78-841 of this article if located in a regulated floodway;
3. Be anchored to prevent flota.tion, collapse or lateral movement resulting from hydrostatic
loads,including the effects of buoyancy,during conditions of the design flood;
4. Be constructed of flood tlamage-resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.
Sec. 7&854. Fences in regulated floodw�ys. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
sha11 meet the limita.tions of Sec. 78-841 of this article.
Sec. 78-855. Retaining walls, sidewalks and driveways in regulated flaodways. Reta.ining
walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of Sec. 78-841 of this article.
Sec. 78-856. Roads and watercourse crossings in regul�ted floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means
for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways sha11 meet the limitations of Sec. 78-841 of this article.
24
Altera.tion of a watercourse that is part of a road or watercourse crossing sha11 meet the
requirements of Sec. 78-803(3)of this article.
Sec. 7&857. Concrete slabs used as parking p�ds, enclosure floors, l�nd'usgs, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone �. In
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
1. Structurally independent of the foundation system of the building or structure;
2. Frangible and not reinforced, so as to minimi�.� debris during flooding tha.t is capable of
causing significant damage to any structure; and
3. Have a maximum slab thickness of not more than four(4)inches.
Sec. 78-858. Decks and patios in co�stal high hazard areas (Zone �. In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be
located,designed, and constructed in compliance with the following:
1. A deck that is structurally attached to a building or structure shali have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation sha11 comply with the
foundation requirements that apply to the building or structure, which sha11 be designed
to accommodate any increased loads resulting from the attached deck.
2. A deck or patio that is located below the design flood elevation sha11 be structurally
independent from buildings or structures and their foundation systems, and sha11 be
designed aund constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepazed by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to the building or structure or to adjacent buildings and
structures.
4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
Sec. 78-859. Other development in coastal high hazard areas (Zone �. In coastal high
hazard areas, development activities other than buildings and structures sha11 be pernutted only if
alsa authorized by the appropriate state or local authority; if located outside the footprint of, and
not structurally atta.ched to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
25
and wave reflection that would increase damage to adjacent buildings and structures. Such other
development activities include but are not limited to:
1. Bulkheads, seawalls,retaining walls,revetrnents,and similar erosion control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed td fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 78-860. Nonstructural fill in coastal high hazard areas (Zone�. In coastal high hazard
areas:
1. Minor grading and the placement of minor quantities of nonstructural fill sha11 be
permitted for landscaping and for drainage purposes under and around buildings.
2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or vvave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup or wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. sha11
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed. �
Section 4: 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 5: 5pecific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall ta.ke effect immediately upon passage.
26
VILLAGE CLERK Redistributed from 10/11/12
AGENDA ITEM TI�ANSM Meeting
Meeting Date: Meeting Type: Regular Ordinance #: 9-12
10/11/12
Consent Agenda: No Resolution #:
Originating Departrnent: Attorney
AGENDA fTEM TITLE: (1Nording form the SUBJECT line of your staff report)
ORDINANCE 9-12, FIRST READING, ANAENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING.
ARTICLE XII. FLOOD DAMAGE PREV�NTION. BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RE-
ADOPTING IT TO PRO�IDE UF'DATED REGULATIONS IN CONFORMANCE WITH REQUIREMENTS OF
THE NATIONAL FLOOD INSURANCE PROGRAM; ADOPTING CERTAIN ADMINISTRATIVE
AMENDMENTS TO THE FLORIDA BUILDING CODE PURSUANT TO SEC. 553.73(5), FLORIDA
STATUTES, IN FURTHERANCE OF THE NATIONAL FLOOD INSURANCE PROGRAM
BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Avaitable: Amount Remaining after item:
Budget Transfer Required: ����::s :�� Appropriate Fund Balance: �?���s� a� i}em.
� _�'71
. _.. .. _...._. _ .
EXECUTIVE SUMMARY Of MA.iOR ISSUES: (This is a snap shot descri�tion o€the agenda ifem)
APPROVALS: SIGNATURE:
Department Head e
Finance Director
Reviewed for Financial S,ufficiency ❑
No Financial Impact �
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, � sure to include the
number of copies you want signed and place "Sign Here" sticker on tbem)
Form Amended: 70/2A/11
ORDINANCE NO. 9-12
AN ORDINANCE OF TI� VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLURIDA, AMENDING TFS CODE OF ORDINANCES AT
CHAPTER 78. ZONIlVG. ARTICLE XII. FLOOD DAMAGE PREVEN'I'ION.
BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RE-ADOPTING TT
TO PROVIDE UPDATED REGULATIONS IN CONFORMANCE W1TH
REQUIREMENTS OF 'THE NATIONAL FLOOD INSURANCE PROGRAM;
ADOPTING CERTAIN ADMIlVISTRATIVE AMENDMENTS TO THE
FLORIDA BUILDING CODE PURSUANT TO SEC. 553.73(5), FLURIDA
STATUTES, IN FUR'TI�RANCE OF THE NATIONAL FLOOD INSURANCE
PROGRAM; PROVIDING THAT EACH AND EVERY OTI�R SECTION
AND SUBSECTI�N OF CHAPT'ER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE A SEVERABII.ITY CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Legislahue of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safery, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the Village of Tequesta and such areas are subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impaument of the tax base, all of which adversely affect the public
health, safety and general welfare, and
WI�REAS, the Village of Tequesta was accepted for participation in the Nataonal
P1ood Insurance Program on June 11, 1971 and the Village Council of the Village of Tequesta
desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60, necessary for participation in the National Flood Insurance Program; and
WHEREAS, Chapter 553, Florida Statutes, was adapted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building e�le; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program
and incentives; and
1
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed floodplain management regulations that are coordinated
with the Floricia Building Code: and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to ad.opt the proposed local amendments to the 2010 Florida Building Code
and that the proposed amendments are not more stringent than necessary to address the need
identified, do not discriminaxe against materials, products or construction techniques of
demonstrated capabilities, and are in compliance with section 553.73(5), Florida Statutes.
NOW, THEREFORE, BE IT ORDAIlVED BY TI� VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XII. Flo� Damage Prevention. by repealing this article in its
entirety and re-adopting it to provide updated regulations in conformance with requirements of
the National Flood Insurance Program; further adopting certain administrative amendments to
the Florida Building Code in furtherance of the National Flood Insurance Program; providing
that Chapter 78, Arricle XII shall hereafter read as follows:
C6apter 78
ZONIIVG
ARTICLE �III. FLOOD DAMAGE PREVENTION
DIVISION 1. AD1�IDVISTRATION
SECTION 1. Ceneral
Sec. 78-771. Title. This article and tliese regulations shall be known as the Flood Dmnage
Prevention Ordinance of the Village of Tequesta.
Sec. 7&772. Scope. The provisions of this article shall apply to all d�evelopment that is wholly
widun or partially within any flood hazard area within the Village of Tequesta, including but not
limited to the subdivision of land; filling, grading, and ather site improvements and utility
installations; construction, alteration, remodelmg, enlaz'gement, improvement, replacement, repair,
relocatian or demolition of buildings, stiudures, and facilities that aze exexnpt from the Florida
Building Code; placement, installation, or replacement of manufactured homes and manufacaued
buildings; installarion ar replacement of tanks; placement of recreational v�icles; installation of
swimming pools; and any other development,
2
Sec. 7&773. Inten� The purposes of this article and the flood load and flood resistant
construction requirements of the Florida Building Code aze to esta.blish minimum requirements
to safeguard the public health, safety, and general welfare and to minimi�e public and private
losses due to flooding through regulation of development in flood hazard areas to:
1. Minimi�P ��ssaty disruption of c;ommerce, access and public service during times of
flooding;
2. Require the use of appropriate construction pra.ctices in order to prevent or min;mi�.e:
future flood damage;
3. Manage f lling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
4. Manage the alteration of flood hazard areas, watercourses, aud shorelines to minimi�e the
impact of development on the natural and beneficial functions of the floodplain;
5. Minimize ��e to public and private facilities and utilities;
6. Help maintain a stable tax base hy providing for the sound use and development of flood
hazard areas;
7. Minunize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 78-774. Coordination with the Florida Building Cale. Pursuant to the requirement
established in Ch. 553, F.S. that local communities administer and enforce the Florida Building
Code, the Village Council of the Village of Tequesta dces hereby acknowledge that the Florida
Building Code contains certain provisions that apply to the design and construction of buildings
and structures in flood hazard areas. Therefore, this article is intended to be administered and
enforced in conjunction with the Florida Building Code. Where section numbers of the Fdorida
Building Code are cited, the section numbers refer to the 2010 Florida Builddng Code. If cited
section numbers aze changed in subsequent editions of the code, then the section numbers shall
refer to comparable sectians. Where cited, ASCE 24 refers to the edition of the standazd that is
referenced by the Florida Building Code.
Sec. 78-?75. Warning. The degree of flood prot,ecrion required by this article and the Florida
Building Code, as amended by the Village of Tequesta, is oonsidered the m�n;r�,,,m reasonable for
regulatory purposes and is based on sciearific and �gineering oansiderations. Lazger floods can and
will occur. Flood heights may be increased by m�-made or natural causes. This article does not
imply that land outside of mapped special flood hazazd areas, or that uses pernnittzd within such flood
hazard areas, will be free from flooding or flood damage. The flood hazazd areas and base flood
elevations containod in the F1ood Insurance Sd1dy and shown on the Flood Insurance Rate Maps and
the requirements of Tide 44 C.F.R., Sections 59 and 60 may be revised by the Federal Emergency
Management Agency, requiring the Village of Tequesta to revise these regulations to remain eligible
for participatian in die National F1ood Insurance Program. No guaranty of v� use, existing use,
or future use is implied ar expressed by oompliance with this article.
3
Sec. 78-776. Disclaimer of Liability. This article shall not create liability on the part of the
Village of Tequesta ar on the part of any officer, offcial or employee of the Village of Tequesta
for any flood damage that results from reliance on this article or any administrative decision
lawfully made thereunder.
SECTION 2. Appticability
Sec. 78-777. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement sha11 be applicable. Where, in any specific case,
requirements of this article conflict with the requirements of the Florida Buidding Code, the most
restrictive shall govern.
Sec. 78-778. Areas to which this atdcle applies. This article shall apply to all flood hazard
areas within the Village of Tequesta, as established in Sec. 78-779 of this article.
Sec. 78-779. Basis for e.gtablishing flood hazard aress. The Flood Insurance Study (FIS) for
the Village of Tequesta, Palm Beach County, Florida, dated Mazch 31, 1982, and atl subsequent
amendments and revisions, and die accompanying Flood Insurance Rate Maps, and all
subsequent amendments and revisions to such maps, are adopted by reference as a part of this
article and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard azeas are on file at the office of the Village Clerk.
Sec. 78-7811. Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Section 5 of this division, the
Floodplain Administrator may require submission of additional data. Where field survey�
topography prepared by a Florida. lic�nsed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the nequirements of this ordinance and, as applicable, the requirements of
the Florida Building Code.
2. Are above the closest applicable base tlood elevation, the area shall be regulated as
special flood hazazd azea unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 78-781. Other laws. The provisions of this article shall not be deemed to nullify any
provisions of local, state or federal law.
Sec. 78-782. Abrogation and greater restrictions. This article supersedes any ordinance in
effect for management of development in flood hazazd areas in the Village of Tequesta.
However, it is not intended to repeal or abrogate any existing village code including land
development regulations, zoning regulations, stormwater management regulations or the Florida
Building Code. In the event of a conflict between this article and any other village code, the
more restrictive shall govern. This article shall not impair any deed restriction, covenant or
easement, but any land that is subject to such interests shall also be governed by this article.
Sec. 7&783. Interpretation. In the interpretation and application of this article, a11 provisions
4
shall be:
1. Considered as minunum requirements;
2. Liberally construed in favor of the Village of Tequesta; and
3. Deemed neither to limit nor repeal any other powets granted under sta.te statutes.
SECTION 3. Daties and Powers of the Floodplain Administrator
Sec. 78-784. Designation. The Director of Community Development is desig�nated as the
Floodplain Administrator for the Village of Tequesta. The Floodplain Administrator may
delegate performance of certain duties to other employees.
Sec. 78-785. General. The Floodplain Administrator is authorized and directed to administer and
enforce tUe provisions of this article. The Floodplain Administrator shall have the authority to
render interpretations of this article consistent with the intent and purpose of this article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this article without the granting of a variance pursuant to Section 7 of
this division.
Sec. 78-786. Applications and permits. The Floodplain Administrator shall:
1. Review applications and plans to determine whether pmpos� new development will be
located in flood hazard areas;
2. Review applications for modification of any existing development in tlood hazard areas
for compliance with the requirements of this azticle;
3. Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exaet location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
4. Provide available flood elevation and flood hazard informarion;
5. Deternune whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
6. Review applications to determine whether proposed development will be reasonably safe
from flooding;
7. Issue floodplain development pemuts or approvals for development other than buildings
and structures that aze subject to the Fdorida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this azticle is demonstrated, or disapprove the same in the event of noncompliance; and
8. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews and inspections for building permits for buildings and
structures in flood hazard areas comply with the requirements of this article.
Sec. 78-787. Determinations for e�sting bnitdiings and stract�res. For applica.tions for
building permits to improve buildings and structures, including alterations, movement,
5
enlargement, replacement, repair, change of occupancy, additious, rehabilitations, renovations,
and any other improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Building Official, shall:
l. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of constcuction of the proposed work; in the case of repair, the mazket value of
the building or strucriuc shall be the market value before the damage occurred and before
any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substandal improvement
or repair of substantial damage; and
4. Notify the applicant if it is deterinined that the work consdtutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant provisions of
the Florida Building Code and this article is required.
Sec. 78-788. Modifications of tLe strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Section 7 of this division
Sec. 7&789. Coordination of notices and orders. The Floodplain Administrator shall
coordinate the issuance of all necessary notices or ordecs to ensure �mpliance with this atticle
and the flood resistant consttuction requirements of the Florida Building Cade.
Sec. 78-790. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 6 of this division for development that is not subject to, or exempt from, the
Florida Building Code. For buildi.ngs and structures subject to the Florida Buidding Code, the
Building Official shall make the required inspections of structures specified in Section 6 of this
division and Florida Building Code, Building Section 110. The Floodplain Administrator shall
inspect flood hazard areas to determine if development is undertaken without issuance of a
permit
Sec. 78-791. Other duties of the Floodplain Administrator. The Floodplain Administrator
shall have other duties, including but not limited to:
1. Establish procedures for administering and documenting determinations of substantial
improvement and substantial damage made pursuant to Sec. 78-787 of this article;
2. Require that applicants proposing alteration of a watercourse notify adjacent communities
and the Florida Division of Emergency Management, State Floodplain Management
Office, and submit copies of such notifications to the Federal Emergency Management
Agency (FEMA);
6
3. Require applicants who submit hydrologic and hydraulic engineering analyses to support
pernut applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made
within 6 months of such data. becoming available;
4. Review required design certifications and documentation of elevations specified by this
article and the Florida Building Code with this article, to determine that such
certifications and documentations are complete;
5. Notify the Federal Emergency Management Agency when the corporate boundaries of
the Village of Tequesta are modified; and
6. Advise applicants for new buildings and structures, including substantial improvements
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Bazrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act
of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identifieti on Flood Insurance Rate Maps
as"Coastal Barrier Resource System Areas" and "Otherwise Protected Areas.
Sec. 78-792, �oodplain management records. Regardless of any lim.itation on the period
required for retention of public records, the Floodpla.in Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this article and the flood resistant construction requirements of the Florida
Building Caie, including Flood Insurance Rate Maps; Letteis of Change; records of issuance of
pernuts and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this article; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses; assurances that the
flood cazrying capacity of altered watercourses will be maintained; documentation retated to
appeals and variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to this article and the flood resistant construction requirements of the
Florida Buidding Code. These records sha11 be available far public inspection at the office of the
Community Development Director.
SECTION 4. Permits
Sec. 7&793. Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope of this article,
including buildings, stiuctures and facilities exempt from the Florida Building Corle, which is wholly
within or partially within any flood hazard area shall first make application to the Floodplain
Admiuistrator, and the Building Official if applicable, and shall obtain the reqnired permit(s) and ,
approval(s). No such permit or approval shall be issued uncil compliance with the recNire�ts of
this article and all other applicable oodes and regvlations has been satisfied.
Sec. 78-794. Floodplam developm�t pernnits or approvals. Floodplain development p�mits or
approvals shall be issued pursuant to this article for any developme�t activities not subject to the
requirements of the Florida Building Code. Depending on the nature and extent of proposed
7
development that includes a building or structure, the Floodplain Administrator may d�ermine that a
floodplain development per�ut or approval is required in addition to a building pemut
Sec. 78-795. Buildings, stractures and f�ilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for the National Flood Insurance Program (44
C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for
the following buildings, structures and facilities that are exempt from the Florida Building Code,
and any fiuther exemptions provided by law, are subject to the requirements of this chapter:
1. Ra.ilroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
3. Temporary buildings or sheds used eaclusively for construction purposes.
4. Mobile or modulaz structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in Sec. 366.02, F.S., which are
directly involved in the generation, transmission, or distribution of electricity.
6• Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida As used in this paragraph, the term "chickee" means an open-sided
wooden hut tha,t has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered onsite and have walls, roofs, and a floor
constructed of granite, marble or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the
state conectional system
9. Structures identified in Sec. 553.73(10�k), F.S., are not exempt from the Florida
Building Code if such structiu�es aze located in flood hazard areas established on Flood
Insurance Rate Maps.
Sec. 78-796. App6cation for a permit or approval. To obtain a floodplain development pennit
or approval the applicant shall first file an application in writing on a form furnished by the
village. The information provided shall:
1. Identify and describe the development to be covered by the permit or appmval.
2. Describe the land on which the proposed development is to be conducted by legal
description, street address ar similaz description that will readily identify and definitively
locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section 5 of this
division.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
8
7. Give such other data and information as required by the Floodplain Administrator.
Sec. 7&797. Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this article shall not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance or code of the
Village. The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administcator from requiri.ng the correction of
errors and omissions.
Sec. 78-798. Egpiration. A floodplai.n development permit or approval shall become invalid
unless the work authorized by such permit is commenced withi.n 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in writing
and justifiable cause shall be demonstrat�.
Sec. 78-799. Snspension or revocation. The Floodplain Administrator is authorized to suspend
or revoke a floodplain development permit or approval if the permit was issued in ermr, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this article or any
other ordinance, regulation or requirement of the Village.
Sec. 78-800. Ot6er permits required. Floodplain development pemuts and building pernuts
shall include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not lim.ited to the following:
1. The South Florida Water Management District; Sec. 373.036, F.S.
2. The Florid.a Depaitment of Health for onsite sewage treatment and disposal systems; Sec.
381.0065, F.S. and Chapter 64E-6, F.A.C.
3. The Florida Depaztment of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction contral line; Sec. 161.141, F.S.
4. The Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; Sec. 161.055, F.S.
5. The Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers;
Section 404 of the Clean Water Act.
SECTION 5. Site Plans and Construction llocnments
Sec. 78-801. Informa�on for development in flood hazard areas. The site plan or cflnstruction
documents for any development subject to the requirements of this article shall be drawn to scale
and shall incl�de, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s) and ground elevations if necessary for review of the proposed development.
2. Where flood hazard azeas, base flood elevations, or floodway data are not included on the
FIRM or in the Flood Insurance Study, they shall be established in accordance with Sec.
9
78-802 of this article.
3. Where the pazcel on which the pmposed development will take place will have more than
50 lots or is lazger than 5 acres and the base flood elevations are not included on the
FIRM or in the F1ood Insurance Study, such elevations shall be estabtished in acxordance
Sec. 78-802 (1) or (2) of this article.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazazd azeas, new buildings shall be located
landward of the reach of inean high tide.
5. Location, e�ctent, amount, and proposed final grades of any filling, grading, or ezcavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the pro�sed fill areas are the minimum necessary to achieve the intended
purpose.
7. Delineation of the Coastal Construcdon Control Line or notation that the site is seaward
of the Coastal Construction Control Line, if applicable.
8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construdion
documents, and other data not required to be prepared by a registered design professional if it is
found that the nature of the proposed development is such that the review of such submissions is
not necessary to ascertain compliance with this article.
Sec. 78-802. Information in flood hazard areas withoat base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the FIItM and base flood elevation data.
have not been provided, the Floodplain Administrator shall:
1. Obtain, review, and provide to applicants base flood elevation data available from a
federal or state agency or other source or require the applicant to obta.in and use base
flood elevation data available from a federal or state agency or other source; or
2. Where base flood elevation and floodway data are not available from another source,
where the available data is deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data is known to be scientifically or
t�echnically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepar� in
accordance with currendy accepted engineering practices; or
b. Specify the base flood elevation is two (2) feet above the highest adjacent
grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two (2) feet.
3. Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant tha.t the analyses shall be prepared by a Florida
10
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 78-803. Addilional analyses and cerdfications. As applicable to the loca.tion and nature
of the proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses prepazed, signed and sealed by a Florida licensed
engineer for submission with the site plan and constivction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Sec. 78-803 of this article
and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the
site plan and construction documents.
2. For development activities proposed to be located in a riveri.ne flovd hazard area for
which base flood elevations are includal in the Flood Insurance Study or on the FTRM
and floodways have not been designated, a floodway encraachment analysis which
demonstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipat� flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected ta a riverine
flood hazard azea or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the
altered or relocated portion of the waten�urse will not be decreased, and certification that
the altered watercourse shall be maintained in a manner which preserves the channel's
flood-cazrying capacity; the applicant shall submit the analysis to FEMA as specified in
Section 78-804 of this article.
4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard
areas (Zone �, an enginaering analysis that demonstrates that the proposed alteration
will not increase the potential for flood damage.
Sec. 78-804. Snbmission of additional data When additional hydrologic, hydraulic ar other
engineering data., studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepat�ed by
a Florida licensed engineer in a forrt�at required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
SECTION 6. Inspections
Sec. 7&805. General. Development for which a permit or approval is required shall be subject
to inspection.
11
Sec. 78-806. Development other than baildings and structares. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this article and
the conditions of issued floodplain development pemuts or approvals.
Sec. 78-807. Buildings and structares. The Building Official shall inspect buildings and
structures subject to the Florida Building Code to deternune compliance with the flood load and
flood resistant constcuction requirements of issued building permits and the Fdorida Building
Code. The Floodplain Administrator shall inspect buildings and structures exempt from the
Florida Building Code to determine compliance with the requirements of this article ana the
conditions of issued floodplain development permits or approvals.
Sec. 78-808. Baildings and structares and facilities exempt from the Florida Building Cade,
lowest tloor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building or structure exempt from the Florida
Building Code, or the owner's authorized agent, shall subxnit to the Floodplain Administrator:
1. If a design flood elevatian was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor, or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Sec. 78-802 of ttus article, the documentation of height of
the lowest floor above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
Sec. 78-809. Building� and structutes ezempt from the Florida Building Cale, fwal
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit
to the Floodplain Administrator a final certifcation of elevation of the lowest floor or fuial
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepazed as specified in Sec. 78-808 of this article.
Sec. 78-810. Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this article and the conditions of the issued peimit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Floodplai.n Administrator.
SECTION 7. Variances and Appeais
Sec. 7&811. Ceneral. Pursuant to section 553.73(5), F.S., the Board of Adjustment shall hear
and decide on requests for appeals and requests for variances from the strict application of the
requirements of this article and the flood resistant construction requirements of the Florida
Building Code. This section dces not apply to Section 3109' of the Florida Building Code,
Building.
Sec. 78-812. Appeals. The Board of Adjustrnent sha11 hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator or the Building Official in the administration and enforcement of this article or the
12
flood load and flood resistant construction requirements of the Florida Building Code. Any
person aggrieved by the decision of the Board of Adjustment may appeal such decision to the
Circuit Court, as provided by Florida Statutes.
Sec. 78-813. Limitations on authority to graut variances. The Board of Adjustment shall base
its decisions on variances on technical justifications submitted by applicants, the considerations
for issuance in Sec. 78-817 of tlus article, the conditions of issuance set forth in Sec. 78-818 of
this article, and the comments and recommendations of the Floodplain Administrator and the
Building Official. The Boazd of Adjustment has the right to attach such conditions as it deems
ne�essary to further the purposes and objectives of this article.
Sec. 78-814. Resttic�ions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as evidenced by
the applicable analyses and certifications required in Sec. 78-803 of this article.
Sec. 78-515. Historic bnildings. A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the exception
to the flood resistant construction requirements of the Fdorida Building Code, Existing Building,
Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building and the
variance is the minimum neoessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continu� designation as a historic building, a
variance shall not be granted and the building and any repair, improvement, and rehabilitation
sha11 be subject to the requirements of the Florida Building Cale.
Sec. 78-816. Fonctionaily dependent ases. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this chapter, provided the variance meets the requirements of Sec. 78-814 of
this article, is the minimum necessary considering the flood hazard, and all due cansideration has
been given to use of inethods and materials that minimize flood damage during accurrence of the
base flood.
Sec. 78-817. Considerations for issuance of variances. In reviewing requests for variances, the
Board of Adjustrnent shall consider all tschnical evaluations, all relevant factors, all other
applicable provisions of the Florida Buidding Cade, this chapter, and the following:
1. The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
4. The importance of the services provided by the proposed development to the village;
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
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6. The compatibility of the proposed development with existing and anticipate�
development;
7. T'he relationship of the proposed development to the comprehensive plan and floodplain
management prograun for the area;
8. The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
9. The expected heights, vel�ity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, ezpected at the site; and
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
Sec. 78-81& Conditions for issuance of variances. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site render any provision of
this article or the elevation standards of the Florida Buidding Code inappropriate;
2. Detemunation by the Board of Adjustment that:
a. Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelapable; inereasefl
costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, eztraordinary public expense, nor create nuisances, cause
fraud on or virt�m»a+�on of the public or conflict with existing local laws and
ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if grant�l, shall be
recorded in the Office of the Clerk of the Caurt in such a manner that it appears in the
chain of title of the affected parcel of land; and
4. If the request is for a variance to allow c�nstruction of the lowest floor of a building, or
substantial improvement of a building, below the elevation required by the Florida
Building Code or required by this azticle, a copy in the record of a written notice from the
Floodplai.n Administrator to the applicant for the variance, specifying the difference
between the base flood elevation and the proposed elevatian of the lowest floor, stating
that the cost of federal flood insurance will be commensurate with the increased risk
resulting from the reduoed floor elevation (up to amounts as high as $25 for $100 of
insurance coverage}, and stating that construction below the base flood elevation
increases risks to life and property.
SECTION 8. Violations
Sec. 78-819. Violations. Any construction or development in a flood hazard area that is
14
perform� without an issued pernut, that is in conflict with an issued permit, or that dces not
fully comply with this article or the Florida Building Code, as applicable, shall be deemed a
violation of this article. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this article or the Fdorida Building Code is presumed to be a violation until such time as that
documentation is provided.
Sec. 78-820. Aut6ority. For development that is not within the scope of the Florida Building
Code but that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Sec. 78-821. Unlawfnl oontinnance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such wark as that person is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to code
enforcement and penalties as set forth in Chapter 162 F.S., Part I, and Chapter 2 of the Village's
code.
Sea. 78-822 — 78-829. Reserved.
DIVISION 2. DEFINTrIONS
SECTION 1. General
Sec. 78-830. Terms defined in the Florida Building Code. Where terms are not defined in this
article and are defined in the Florida Building Code, such terms shall have the meanings ascribed
to them in that code.
�ec. 78-831. Terms not defined. Where terms are not defined in this article or the Florida
Building Code, such ternis shall have ordinarily accepted meanings such as the context implies.
SECTION 2. Definitions
Sec. 78-832. Definitions. Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this article, have the meanings shown in this section.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator or Building Official's
interpretation of any provision of this article or a request for a variance.
ASCE 24. A standazd tided Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is develop� and published by the American Sociery of Civil
Engineers, Reston, VA.
15
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-yeaz flood" or the "1-percent-annual chance flood: '
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (F7RM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) an all sides.
[Also defined in FBC, B, Section 1612.2.]
Building OfliciaL The officer or other designated authority, or a duly authorized representarive,
charged with the administration and enforcement of the Florida Building Code, within the
Village of Tequesta. [Also defined in FBC, B, Section 1612.2.]
Building permit. An official document or certificate issued by the building official which
authorizes performance of specific activities that are determined to be compliant with the Fdorida
Buidding Code.
Coastal c:onstrudion control line. The line established by the State of Florida pursuant to Sec.
16I.053, F.S., and recorded in the official records of the village, which defines that portion of the
beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
lim.it of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also refeired to as
"high hazard areas subject to high velociry wave action" or "V Zones" and aze designated on
Flood Insurance Rate Maps (FIRM) as Zone V 1-V30, VE, or V. [Note: The FBC,B defines and
uses the term "flo� hazard azeas subject to high velocity wave action" and the FBC, R uses the
term "coastal high hazazd areas."]
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain snbject to a 1-percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the village's legally designated flood hazard map. In areas designated as
Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
16
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredgi.ng, filling, grading, paving, excavations,
drilling operations or any other land disturbing activities.
Encroachment. The advancement or infringement of fill, excavation, buildings, permanent
structures or other development into a flood hazard azea. which may impede or alter the flow
capacity of riverine flood hazard azeas.
Existing building and e�sting structure. Any buildi.ngs and structures for which the "start of
construction" commenced before June 11, 1971. [Also defined in FBC, B, Section 1612.2.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or tlooding. A generai and temporary condition of partial or complete inundation of
nocmally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overtlow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any soum.e. �
Flood damage-resistant materiaLs. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. The azea within a floodplain subject to a 1-percent or gceater chance of flooding in any
year.
2. The area designated as a flood hazard area on the village's flood haza,rd map, or
otherwise legally designat+ed.
Flood Insurance Rate Map (FIRNn. The official map of the village on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the village. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal F.mergency
Management Agency that contains the Flood Insurance Rate Map, the F1ood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this article (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An ofFcial document or certificate issued by the
17
floodplain administrator, or other evidence of approval or concurrence, which authorizes
performance of specific development activities that are located in flood hazard areas and that are
determined to be compliant with this article.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida
Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code,
Plumbing; Florida Building Caie, Fuel Gas.
�nct�onally dependent ase. A use which cannot perform its intended purpose unless it is
located or cazried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufachiring
facilities.
Highest adjacent grade. The highest natural elevadon of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Aistoric stractnre. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, F.xisting Building, Chapter 11 Historic
Buildings.
Letter of 1V�p Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
spec�c property, portion of a property, or structure is not located in a special flood
hazard azea.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Mau Revision Based on Fill (LAMR-F�: A determination that a structure or
pazcel of land has been elevated by fill above the base flood elevation aud is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in a.ccordance with the
village's floodplain management regulations.
18
Conditional Letter of Man Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the muumum
NFIP requirements .for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Floai
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty track. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,50(} pounds
Gross Vehiculaz Weight Rating or less which has a vehicular curb weight of 6,IX10 pounds or less
and which has a basic vehicle frontal azea of 45 square feet or less, which is:
1. Designed primarily for purposes of tirranssportation of property or is a derivation of such a
vehicle, or
2. Designed primazily for transportation of persons and has a capacity of more than 12
persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest tloor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle
parking, building access or limited storage provided that such enclosure is not built so as to
render the structure in violation of the Florida Building Code or ASCE 24. [Also defined in
FBC, B, Section 1612.2.]
Manufactured 6ome. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (4t)0) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a"recreational
vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Market valne. The price at wluch a property will change hands between a willing buyer arid a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this article, the term refers to the market value of
buildings and structures, excluding the land and other unprovements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Va1ue (replacement cost
depreciated for age and quality of construction), or tax assessment value ad.justed to approximate
market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this article and the building code,
structures for which the "start of construction" commenced on or after the date of the effective
date of the village's initial FIRM or after June 11, 1971, whichever is later, and includes any
subsequent improvements to such structures.
Nonresidendal. Any building or structure or portion thereof that is not classified residential in
accordance with the Florida Building Code, Building (Residential Group R or Institutional
Crroup n and ASCE 24. [Also see definition in ASCE 24.]
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
19
Special tlood hazard area. An �ea in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas aze shown on FIRMs as Zone A, AO,
Al-A30, AE, A99, AH, V 1-V30, VE or V. The term also includes areas shown on other flaod
hazard maps, if such maps are adopted by the Village of Tequesta or otherwise legally
designated. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construc�ion, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either die first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundadons, the erection of temporaty forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wa11,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
exteina.l dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure ta its before-damaged condition would equal or exc�ed
50 percent of the market value of the building or structure l�fore the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial 'unprnvement. Any repair, reconstruction, rehabilitation, addition, or other
unprovement of a building or structure, the c,�st of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs aze considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either:
[Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanit�ry, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure and the alteration is approved by
variance issued pursuant to this article.
Variance. A grant of relief from the requirements of this article, or the flood load and flood
resistant construction requirements of the Florida Building Code, which peruuts construction in
a manner that would not otherwise be peanitted by this article or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
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DIVISION 3. FLOOD RESISTANT DEVELOPMENT
SECTION 1. Baildings and Stractures
Sec. 7&833. Design and constraction � bnildings aad stractures egempt frnm the Florida
Buildiug Code. Pursuant to Sec. 78-795 of this azticle, buildings, struclunes, and faciliti�s that are
exempt from the Florida Building Code, including substantial impmvement or repair of substantial
damage of such buildings, struclures and facilities, shall be designed and eonstructed in accordance
with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt
from �e Fdorida Building Code that are not walled and roofed buildings shall comgly with the
re,quirements of Secbion 6 of this divisian.
Sec. 78-834. Bnildin� and structures seaward af the oo��tal oonstrudion aontrol lme. If
extending, in whole or in put, seawazd of the voastal construction control line and also located., in
whole or in part, in a flood hazard area:
1. Buildings and structures shall be designed and c�anstructed to comply wi� the more
restrictive applicable requirements of the Florida Building Cad� Building Sec. 3109 and
Section 1612 or Florida Building Code, Residential Sec. R322.
2. Minor stiuctures a� no�habitable major st�uctures as defined in Sec. 161.54, F.S., shall be
designed and constcucted to comply with the intent and applicable provisi�s of this azticle
and ASCE 24.
SECTION 2. Subdivisions
Sec. 78-835. Minimum reqnirements. Subdivision proposals shall be reviewed to deteYmine
tt►at:
1. Such proposals are consistent with the need to minimi�.� tlood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems aze located and constructed to min;mi�P or eliminate flood damage; and
3. Adequate drainage is provided to reduce eaposure to flood hazards. In Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
S�. 78-836. Subdivisi� plats. Where any portion of a proposed subdivision lies within a flood
hazard area, the following shall be required:
1. Delineaxion of flood hazard areas, floodway boundaries and flood zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats and final plats;
2. Where the subdivision has more than 50 lots or is lazger than 5 acres and base flood
elevations are not included on the FIRM, the information required in Sec. 78-802 of this
article; and
3. Compliance with the site improvement and utilities requirements of Sec. 78-838 through
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Sec. 78-843 of this chapter.
SECTION 3. Site Improvements, Utilities and Limitaaons
Sec. 78-837. Minimam requirements. All proposed new development sha11 be reviewed to
determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flood.ing;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate dra,inage is provided to reduce exposure to flood hazards. In Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 78-838. Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including a11 pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. a.nd ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
Sec. 78-839. Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C.
and ASCE 24 Chapter 7 to minim;�e or eliminate infiltration of floodwaters into the systems.
Sec. 78-840. Limitaaons on �tes in regalatory floodways. Development, site improvements,
and land disturbing activity involving fill or regrading sha11 not be authorized in the regulatory
floodway unless the floodway encroachment analysis required in Sec. 78-803 of this article
demonstrates that the proposed development or land disturbing activity will not result in any
increase in the base flood elevation.
Sec. 78-841. Limitations on placement of fill. Subject to the limitations of this article, fill shall
be designed to be sta.ble under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addidon to these requirements, if intended to support buildings and structures (Zone A only), Fill
shall comply with the requirements of the Florida Building Code.
Sec. 7&842. Limitations on sites in co�stai high haza�d areas (Zone �. In coastal high
hazard azeas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only of the
engineering analysis required by Sec. 78-803(4) of this article demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structlues shall comply with Sec. 78-861 of this article.
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SECTION 4. Manufactared Homes
Sec. 78-843. Geaeral. All manufactured homes installed in flood hazard azeas shall be installed
by an installer that is licensed pursuant to Sec. 320.8249, F.S., and shall comply with the
requirements of Chapter 15G1, F.A.C. and the requirements of this article.
Sec. 7&844. Foundations. All new manufactured homes and replacement manufactured homes
installed in tlood hazard areas shall be installed on permanent, reinforced foundatians that:
1. In flood hazards areas (Zone A) other than coastal high hazard areas, are designed in
accordance the foundation requirements of the Florida Buidding Code, ResidentiaZ
Section R322.2 and this article.
2. In coastal high hazazd areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this article.
Sec. 78-845. Anchoring. All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimi�.e flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation, collapse or
lateral movement Methods of anchoring include, but are not limit�ed to, use of over-the-top or
&ame ties to ground anchors. This anchoring requirement is in addition to applicable state and
local anchoring requirements for wind resistance.
Sec. 78-846. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall be elevated such that the bottom of the frame is at or above the elevation requir�, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2
(Zone A) or Section R322.3 (Zone V).
Sec. 7&847. Enclosares. Fully enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.
Sec. 78-84,8. Utitity equipment Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential Section
R322, as applicable to the flood hazard area.
SECTION 5. Tanks
Sec. 78-849. Underground tanks. Underground tanks in flood hazazd areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is exnpty.
Sec. 7&850. Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Sec. 78-850 of this article shall:
1. Be permitted in flood hazard areas (Zone A) other than caastal high hazard areas,
provided the tanks aze anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during condidons of the design flood, including the effects of buoyancy assuming
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the tank is empty and the effects of flood-borne debris.
2. Not be permit�ted in coastal high hazard areas (7.one V).
5ec.78-851. Above-ground tanks, elevated. Above-ground tanks in tlood hazard areas shall be
attached to, and elevated to or above the design flood elevation on a supporting sttucture that is
designed to prevent flotation, collapse or lateral movement during conditions of the desiga tlood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard
area.
Sec. 78-852. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
1. At or above the design flood elevadon or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during oonditions of the
design flood; and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during condidons of the design flood.
SECTION 6. Ot6er Development
Sec. 7&853. Genecal requirements for other developmen� All development, including man-
made changes to unproved or unimproved real estate for wluch specific provisions are not
specified in this ordinance or the Florida Buidding Code, shall:
1. Be located and constructed to minimi�.e flood damage;
2. Meet the limitations of Sec. 78-841 of this article if located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
4. Be constructed of tlood damage-resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is pernutted below the design flood elevation provided it confornas to the
provisions of the electrical part of building code for wet locations.
Sec. 78-854. Fences in regalated �oodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Sec. 78-841 of this article.
Sec. 78-855. Retaining walls, sidewall�s and driveways in regalated tloodways. Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of Sec. 78-841 of this article.
Sec. 78-856. Roads and watercourse crossings in regulsted floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means
for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Sec. 78-841 of this article.
Alteration of a watercourse that is part of a road or watercouise crossing shall meet the
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requirements of Sec. 78-803 of this article.
Sec. 78-857. Concrete slabs used as parldng pads, enclosure floors, landiugs, decks,
walkways, Patios and similar nonstradural uses in co�stal high hazard areas (Zone �. In
coastal high hazard azeas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
1. Struc�turally independent of the foundation system of the building or structure;
2. Frangible and not reinforced, so as to minirnize debris during flooding that is capable of
causing significant damage to any structure; and
3. Have a maximum slab thickness of not more than four (4) inches.
Sec. 78-�858. Decks and patios in c�stal hig6 hazard areas (Zone �. In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be
located, designed, and constructed in compliance with the following:
1. A deck that is structurally atta�ched to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to ac�ommodate any increased lo�ls resulting from the attached deck.
2. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings and structures and their foundation systems, and shall be
desigaed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to m;nimi�e debris during flooding that is
capable of cansing structural damage to adjacent elevated buildings and structures.
3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessazy for site drainage sha11
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no hazmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent buildings and structures.
4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similaz to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave nuiup and wave
reflection.
Sec. 78-859. Other development in coastal high hazard areas (Zone �. In coastal high
hazard areas, development activities other than buildings and structures shall be permitted only if
authorized by the appropriate state or local authority; if loca.ted outside the footpri.nt of, and not
structlu�ally attached to, buildings and structures; and if analyses prepared by qualified registered
design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent elevated buildings and structures. Such other
development activities include but are not limited to:
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1. Bulkheads, seawalls, retaining walls, revetments, �d similaz erosion control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 78-860. Nonstractarai fill in coastat Ligh hazard areas (Zone V). In croastal high hazard
areas:
1. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drai.nage purposes under and around buildings.
2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be per�iitted only if an analysis prepared by a qualif ed registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or azound
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave runup or wave reflection if the scale and location
of the dune work is consistent with local beach-dune morphology and the vertical
clearance is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in c�nflict be and the same aze
hereby repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take efFect immediately upon passage.
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