HomeMy WebLinkAboutDocumentation_Regular_Tab 15_02/14/2008VILLAGE ®F TEQUESTA
~,~ AGEN®A ITEM TRANSMITTAL F®RM
~. VILLAGE COUNCIL MEETING:
~ Meeting Date:
-08 Meeting Type: Regular Ordinance #: 02-08
Consent Agenda: - - Resolution #:
Originating Department: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Flood Management Ordinance 02-08
3. BUDGET /FINANCIAL IMPACT: NONE
Acc uo nt #: ~ _ . .. Amount of this item ~ : ~. ~ ~ . _ .. .
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: t ._ .~ Appropriate Fund Balance. ~.." ,
• EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
This is a consolidated ordinance to replace various flood related ordinances in the VOT Code of
Ordinances.
5. APPROVALS: --@ ~,
"
,,,~~ -
Dept. Head~~~ .~ ~-~ F ~ % P ~~; > Finance Director:
f
Attorney: (for legal sufficiency) Yes ^' No ^
Village Manager: ~l ~-----
SUBMIT FOR COUNCIL DISCUSSION: ^
APPROVE ITEM: ~'
DENY ITEM: ^
M EMORAB~DUM
Village of Tequesta
Office of Community Development
•
r 1
U
TO: Mr. Michael R. Couzzo, Jr., Village Manager
FROM: Catherine Harding, Community Development Director
DATE: January 4, 2008
SUBJECT: Flood Management Ordinance # 02-08
The new Ordinance #02-08 Flood Management, consolidates the current VOT Code of
Ordinances referencing Flood, into one concise ordinance.
We have been working with FEMA to obtain acceptance into the FEMA Program. This
will then enable us to work our way back into the CRS Community Rating System, from
which we lost our rating. This ordinance is the recommended format that FEMA would
like to see all communities use. While it does not alter our current requirements, it does
satisfy one of the goals of FEMA. It does also consolidate and make easier for the
public to find flood related requirements.
ORDINANCE N0.2-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, REPEALING ARTICLE
III. COASTAL PROTECTION. OF CHAPTER 50. NATURAL
RESOURCE PROTECTION.; AMENDING CHAPTER 78.
ZONING. BY REPEALING EXISTING ARTICLE XII. FLOOD
HAZARD AREAS. IN ITS ENTIRETY AND READOPTING A
NEW ARTICLE XII WITH A NEW TITLE "FLOOD DAMAGE
PREVENTION" IN ORDER TO COMPLY WITH FEMA'S
REQUIREMENTS FOR THE NATIONAL FLOOD
INSURANCE PROGRAM; FURTHER REPEALING SECTION
78-293. FLOOR ELEVATION ABOVE SEA LEVEL. AND
PROVIDING FOR ITS INCLUSION IN THE NEW ARTICLE
XIL; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Legislature of the State of Florida has authorized and delegated
in Chapter 166, Florida Statutes, the responsibility to local government units to adopt
regulations designed to promote the public health, safety, and general welfare of its
residents;
WHEREAS, the flood hazard areas of the Village of Tequesta are subject to
periodic inundation, which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare;
WHEREAS, these flood losses are caused by the cumulative effect of obstructions
in floodplains causing increases in flood heights and velocities, and by the occupancy in
flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
inadequately elevated, flood-proofed, or otherwise unprotected from flood damages;
WHEREAS, the Village Council of the Village of Tequesta desires to promote the
public health, safety and general welfare and to minimize public and private losses due to
flood conditions in specific areas; and,
WHEREAS, the Village Council of the Village of Tequesta desires to conform to
the requirements of the Federal Emergency Management Agency (FEMA) for the
National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Article III. Coastal Protection. of Chapter 50. Natural Resource
Protection. is hereby repealed and reserved for future legislation; the contents therein are
hereby replaced by the new Article XII of Chapter 78. as provided below.
Section 2: Section 78-293. Floor Elevation Above Sea Level. of Chapter 78.
Zoning. Article IX. Supplemental Regulations. Division 1. Generally. is hereby repealed
and readopted as revised in the new Article XII. as provided below.
Section 3: The entire Article XII. Flood Hazard Areas. of Chapter 78. of the
Code of Ordinances of the Village of Tequesta is hereby repealed and readopted as
revised, providing that the new Article XII. of Chapter 78. shall hereafter be titled "Flood
Damage Prevention" and shall hereafter read as follows:
ARTICLE XII. FLOOD DAMAGE PREVENTION.
Sec. 78-771. Purpose.
It is the purpose of this article to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion hazards, which result in damaging
increases in erosion or in flood heights and velocities;
(b) Require that uses vulnerable to floods including facilities which serve such
uses be protected against flood damage throughout their intended life
span;
(c) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood
waters;
2 Ord. No. 2-08
(d) Control filling, grading, dredging and other development which may
increase erosion or flood damage; and
(e) Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to
other lands.
Sec. 78-772. Objectives.
The objectives of this article are to:
(a) .Protect human life, health and to eliminate or minimize property damage;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, roadways, and bridges and
culverts located in floodplains;
(f) Maintain a stable tax base by providing for the sound use and development
of flood prone areas in such a manner as to minimize flood blight areas;
and
(g) Ensure that potential homebuyers are notified that property is in a flood
hazard area.
Sec. 78-773. Definitions.
Unless specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this
article its most reasonable application.
Accessory structure (Appurtenant structure) means a structure that is located on
the same parcel of property as the principal structure and the use of which is
incidental to the use of the principal structure. Accessory structures should
constitute a minimal investment, may not be used for human habitation, and be
designed to have minimal flood damage potential. Examples of accessory
structures are detached garages and carports.
Appeal means a request for a review of the Floodplain Administrator's
interpretation of any provision of this article or a request for a variance.
3 Ord. No. 2-08
Area of shallow flooding means a designated AO or AH Zone on the Village's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within the Village
subject to aone-percent or greater chance of flooding in any given year. This term
is synonymous with the phrase "special flood hazard area."
Base flood means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood" and the "regulatory
flood"). Base flood is the term used throughout this article.
Base Flood Elevation means the water-surface elevation associated with the base
flood.
Basement means that portion of a building having its floor sub-grade (below
ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under
specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system.
Building -see Structure.
Coastal high hazard area means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high velocity wave action from storms or seismic sources.
The area is designated on the FIRM as Zone VI-V30, VE, or V.
Datum A reference surface used to ensure that all elevation records are properly
related. Many communities have their own datum that was developed before there
was a national standard. The current national datum is the National Geodetic
Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea
level, or the North American Vertical Datum (NAND) of 1988.
Development means any man-made change to improved or unimproved real
estate, including, but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling operations, or storage of
materials or equipment.
Elevated building means anon-basement building built to have the lowest floor
elevated above the ground level by foundation walls, posts, piers, columns,
pilings, or shear walls.
4 Ord. No. 2-08
Encroachment means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain,
which may impede or alter the flow capacity of a floodplain.
Existing Construction means, for the purposes of floodplain management,
structures for which "the start of construction" commenced before the data of the
initial Flood Insurance Rate Map (FIRM). Existing construction, means for the
purposes of determining rates structures for which the "start of construction"
commenced before the effective date of the first FIRM or before January 1, 1975,
for FIRMs effective before that date. This term may also be referred to as
"existing structures".
Existing manufactured home park or subdivision. Manufactured home parks
or subdivisions are prohibited within the Village of Tequesta except as may be
permitted as temporary facilities.
Flood or flooding means:
(a) A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by
flooding as defined in paragraph (a) (2) of this definition and are
akin to a river of liquid and flowing mud on the surface of
normally dry land areas, as when earth is carried by a current of
water and deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other body of
water as the result of erosion or undermining caused by waves or currents
of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a
severe storm or by an unanticipated force of nature, such as a flash flood
or an abnormal tidal surge or by some similarly unusual and unforeseeable
event which results in flooding as defined in paragraph (a) (1) of this
definition.
Flood Boundary and Floodway Map (FBFM) means the official map of the
Village on which the Federal Emergency Management Agency (FEMA) has
delineated the areas of special flood hazard and regulatory floodways.
Flood Hazard Boundary Map (FHBM) means an official map of the Village,
issued by FEMA, where the boundaries of the areas of special flood hazard have
been identified as only Approximate Zone A.
5 Ord. No. 2-08
Flood Insurance Rate Map (FIRM) means an official map of the Village, issued
by FEMA, which delineated both the areas of special flood hazard and the risk
premium zones applicable to the Village.
Flood Insurance Study (FIS) is the official hydraulic & hydrologic report
provided by FEMA. The study contains an examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water surface
elevations, or an examination, evaluation, and determination of mudslide (i.e.,
mudflow) and other flood-related erosion hazards. The study may also contain
flood profiles, as well as the FIRM, FHBM (where applicable), and other related
data and information.
Floodplain means any land area susceptible to being inundated by water from any
source (see definition of "flooding").
Floodplain management means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
Floodplain Administrator is the individual appointed to administer and enforce
the floodplain management regulations of the Village.
Floodplain management regulations means this article and other zoning
ordinances, subdivision regulations, building codes, health regulations, special
purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion
control ordinance), and other applications of police power which control
development in flood-prone areas. This term describes Federal, State of Florida,
or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and non-structural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height.
Floodway fringe means that area of the floodplain on either side of the regulatory
Foodway where encroachment may be permitted without additional hydraulic
and/or hydrologic analysis.
Freeboard means the additional height, usually expressed as a factor of safety in
feet, above a flood level for purposes of floodplain management. Freeboard tends
6 Ord. No. 2-08
to compensate for many unknown factors, such as wave action, bridge openings
and hydrological effect of urbanization of the watershed, that could contribute to
flood heights greater than the height calculated for a selected frequency flood and
floodway conditions.
Free of Obstruction means any type of lower area enclosure or other
construction element that will obstruct the flow of velocity water and wave action
beneath the lowest horizontal structural member of the lowest floor of an elevated
building during a base flood event is not allowed. This requirement applies to the
structures in velocity zones (V-Zones).
Functionally dependent use means a use that cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a
docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding or ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
Hardship as related to variances from this article means the exceptional hardship
associated with the land that would result from a failure to grant the requested
variance. The Village requires that the variance is exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is
not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground
surface, prior to the start of construction, next to the proposed walls of a structure.
Historic Structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register;
(b) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(c) Individually listed on the Florida inventory of historic places,
which has been approved by the Secretary of the Interior; or
7 Ord. No. 2-08
(d) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
(1) By the approved Florida program as determined by the
Secretary of the Interior, or
(2) Directly by the Secretary of the Interior.
Lowest adjacent grade means the lowest elevation, after the completion of
construction, of the ground, sidewalk, patio, deck support, or basement entryway
immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage, in an area other than a basement, is not
considered a building's lowest floor, provided that such enclosure is not built so as
to render the structure in violation of the nonelevation design standards of this
article.
Mangrove Stand means an assemblage of mangrove trees which are mostly low
trees noted for a copious development of interlacing adventitious roots above
ground and which contain one or more of the following species: Black mangrove
(Avicennia Nitida); red mangrove (Rhizophora mangle); white mangrove
(Lariguncularia Racemosa); and buttonwood (Conocarpus Erecta).
Manufactured home means a building, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. The term also
includes park trailers, travel trailers, and similar transportable structures placed on
a site for 180 consecutive days or longer and intended to be improved property.
Manufactured housing is prohibited within the Village of Tequesta except when
permitted as temporary facilities.
Manufactured home park or subdivision means a parcel (or contiguous parcels)
of land divided. into two or more manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding
the land value and that of the detached accessory structures and other
improvements on site (as agreed to between a willing buyer and seller) as
established by what the local real estate market will bear. Market value can be
established by an independent certified appraisal (other than a limited or curbside
appraisal, or one based on income approach), Actual Cash Value (replacement
cost depreciated for age and quality of construction of building), or adjusted tax-
assessed values.
Mean Sea Level means the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the floodplain. For
8 Ord. No. 2-08
purposes of this article, the term is synonymous with National Geodetic Vertical
Datum (NGVD) of 1929, or North American Vertical Datum (NAND) of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control
used as a reference for establishing varying elevations within the floodplain.
New Construction means, for floodplain management purposes, any structure for
which the "start of construction" commenced on or after the effective date of the
initial floodplain management code, ordinance, or standard based upon specific
technical base flood elevation data that establishes the area of special flood hazard
(include only one date). The term also includes any subsequent improvements to
such structures. For flood insurance rates, structures for which the start of
construction commenced on or after the effective date of the date of an initial
FIRM or after December 31, 1974, whichever is later (include only one date), and
includes any subsequent improvements to such structures.
New manufactured home park or subdivision. Manufactured home parks or
subdivisions are prohibited within the Village of Tequesta except as may be
permitted as temporary facilities.
North American Vertical Datum (NAND) of 1988 means a vertical control used
as a reference for establishing varying elevations within the floodplain.
Program deficiency means a defect in the Village's floodplain management
regulations or administrative procedures that impairs effective implementation of
those floodplain management regulations or of the standards required by the
National Flood Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health
of the entire Village or a neighborhood, or any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
Recreational vehicle means a vehicle that is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self-propelled or permanently towable by a light
duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
9 Ord. No. 2-08
Regulatory floodway means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than a
designated height.
Remedy a deficiency or violation means to bring the regulation, procedure,
structure or other development into compliance with State of Florida, Federal or
local floodplain management regulations; or if this is not possible, to reduce the
impacts of its noncompliance. Ways the impacts may be reduced include
protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of this article or otherwise deterring
future similar violations, or reducing Federal financial exposure with regard to the
structure or other development.
Riverine means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Sand dune means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Shallow flooding means the same as area of shallow flooding.
Special flood hazard area means the same as area of special flood hazard.
Start of construction For other than new construction or substantial
improvements under the Coastal Barrier Resources Act P. L. 97-348, includes
substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, or improvement
was within 180 days of the permit date. The actual start means the first placement
of permanent construction of a building (including a manufactured home) on a
site, such as the pouring of slabs or footings, installation of piles, construction of
columns, or any work beyond the stage of excavation or placement of a
manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main building.
For substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Storm cellar means a place below grade used to accommodate occupants of the
structure and emergency supplies as a means of temporary shelter against severe
tornadoes or similar windstorm activity.
10 Ord. No. 2-08
Structure means for floodplain management purposes a walled and roofed
building, including gas or liquid storage tank that is principally above ground, as
well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cumulative cost of which equals or exceeds
50 percent of the market value of the structure before the "start of construction" of
the improvement. This term includes structures that have incurred "substantial
damage" regardless of the actual repair work performed. This term does not,
however, include any repair or improvement of a structure to correct existing
violations of State of Florida or local health, sanitary, or safety code
specifications, which have been identified by the local code enforcement official
prior to the application for permit for improvement, and which are the minimum
necessary to assure safe living conditions.
Variance is a grant of relief from the requirements of this article.
Violation means the failure of a structure or other development to be fully
compliant with the requirements of this article. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance required in this article is presumed to be in violation until such time
as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial flood
damage may occur.
Water surface elevation means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAND)
of 1988, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
Sec. 78-774. Areas of special flood hazard.
The provisions in this article shall apply to all areas of special flood hazard within
the jurisdiction of the Village of Tequesta.
Sec. 78-775. Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified in Map No. 120228-0001-C, revised
September 30, 1982, by the Federal Emergency Management Agency in the Flood
Insurance Study (FIS) for the Village of Tequesta, with the accompanying maps and
Ord. No. 2-08
other supporting data, and any subsequent revisions thereto, are adopted by reference and
declared to be a part of this article. The Flood Insurance Study and Flood Insurance Rate
Map are on file with the Village clerk.
Sec. 78-776. Designation of floodplain administrator.
The Village of Tequesta hereby appoints the Community Development Director
to administer and implement the provisions of this article and is herein referred to as the
Floodplain Administrator.
Sec. 78-777. Establishment of development permit.
A development permit shall be required in conformance with the provisions of
this article prior to the commencement of any development activities.
Sec. 78-778. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally
altered without full compliance with the terms of this article and other applicable
regulations.
Sec. 78-779. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 78-780. Interpretation.
In the interpretation and application of this article all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under State
of Florida statutes.
Sec. 78-781. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from flooding or flood
damages. This article shall not create liability on the part of the Village of Tequesta or by
any officer or employee thereof for any flood damages that result from reliance on this
article or any administrative decision lawfully made thereunder.
12 Ord. No. 2-08
Sec. 78-782. Penalties for Violation.
Violation of the provisions of this article or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall upon the issuance of an order by the
Special Magistrate be punishable as provided in Chapter 162, F.S. Any person who
violates this article or fails to comply with any of its requirements shall, upon
adjudication therefore, be fined not more than $500, and in addition, shall pay all costs
and expenses involved in the case. Each day such violation continues shall be considered
a separate offense. Nothing herein contained shall prevent the Floodplain Administrator
from taking such other lawful actions as is necessary to prevent or remedy any violation.
Sec. 78-783. Permit procedures.
Application for a Development Permit shall be made to the Floodplain
Administrator on forms furnished by him or her prior to any development activities, and
may include, but not be limited to, the following plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question; existing
or proposed structures, earthen fill, storage of materials or equipment, drainage facilities,
and the location of the foregoing. Specifically, the following information is required:
(a) Application Stage:
(1) Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
(2) Elevation in relation to mean sea level to which any non-residential
building will be flood-proofed;
(3) Certificate from a registered professional engineer or architect that
the non-residential flood-proofed building will meet the flood-
proofing criteria in Section 78-783(b) and Section 78-786(b)(2);
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development; and
(5) Elevation in relation to mean sea level of the bottom of the lowest
horizontal structural member of the lowest floor and provide a
certification from a registered engineer or architect indicating that
they have developed and or reviewed the structural designs,
specifications and plans of the construction and certified that are in
accordance with accepted standards of practice in Coastal High
Hazard Areas.
(b) Construction Stage:
Upon placement of the lowest floor, or flood-proofing by whatever
construction means, or bottom of the lowest horizontal structural member
13 Ord. No. 2-08
it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the NGVD or NAVD elevation of the
lowest floor or flood-proofed elevation, or bottom of the lowest horizontal
structural member as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by same. When flood
proofing is utilized for a particular building said certification shall be
prepared by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to submission
of the certification shall be at the permit holder's risk. The Floodplain
Administrator shall review the lowest floor and flood-proofing elevation
survey data submitted. The permit holder immediately and prior to further
progressive work being permitted to proceed shall correct violations
detected by such review. Failure to submit the survey or failure to make
said corrections required hereby, shall be cause to issue astop-work order
for the project.
Sec. 78-784. Duties and responsibilities of the foodplain administrator.
Duties of the Administrator shall include, but are not be limited to:
(a) Review permits to assure sites are reasonably safe from flooding;
(b) Review all development permits to assure that the permit requirements of
this article have been satisfied;
(c) Advise permittee that additional Federal, State of Florida, or local permits
may be required, and if such additional permits are necessary, especially
as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05;
381.0065, and 553, Part IV, Florida Statutes, require that copies of such
permits be provided and maintained on file with the development permit;
(d) Notify adjacent communities, the Department of Community Affairs,
Division of Emergency Management, the South Florida Water
Management District, the Federal Emergency Management Agency and
other Federal and/or State of Florida agencies with statutory or regulatory
authority prior to any alteration or relocation of a watercourse;
(e) Assure that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood-carrying capacity is maintained;
(f) Verify and record the actual elevation (in relation to mean sea level) of the
lowest floor (A-Zones) or bottom of the lowest horizontal structural
member of the lowest floor (V-Zones) of all new or substantially
improved buildings, in accordance with Section 78-786(b)(1) and (2) and
Section 78-789(b), respectively;
14 Ord. No. 2-08
(g) Verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved buildings have been flood-
proofed, in accordance with Section 78-786(b)(2);
(h) Review certified plans and specifications for compliance. When flood-
proofing is utilized for a particular building, certification shall be obtained
from a registered engineer or architect certifying that all areas of the
building below the required elevation are water tight with walls
substantially impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy in compliance with
Section 78-786(b)(2) of this article. In Coastal High Hazard Areas,
certification shall be obtained from a registered professional engineer or
architect that the building is designed and securely anchored to pilings or
columns in order to withstand velocity waters and hurricane wave wash.
Additionally in Coastal High Hazard Areas, if the area below the lowest
horizontal structural member of the lowest floor is enclosed, it may be
done so with open wood lattice and insect screening or with non-
supporting breakaway walls that meet the standards of Section 78-789(f)
of this article;
(i) Interpret the exact location of boundaries of the areas of special flood
hazard. When there appears to be a conflict between a mapped boundary
and actual field conditions, the Floodplain Administrator shall make the
necessary interpretation. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article;
(j) When base flood elevation data or floodway data have not been provided
in accordance with Section 78-775, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State of Florida, or any other
source, in order to administer the provisions of Sections 78-786 through
78-789;
(k) Coordinate all change requests to the FIS, FIRM and FBFM with the
requester, State of Florida, and FEMA; and
(1) Where Base Flood Elevation is utilized, obtain and maintain records of
lowest floor and floodproofing elevations for new construction and
substantial improvements in accordance with Section 78-786(b)(1) and
(2), respectively.
Sec. 78-785. Floor elevation above sea level.
Minimum lowest floor elevation above mean sea level (MSL) for all new
construction, additions and substantial improvements to existing structures shall be 8.5
15 Ord. No. 2-08
feet (MSL), 18 inches above the crown of any road, street, cul-de-sac or highway, or
meet the applicable requirements in Sections 78-786 through 78-789 of this article,
whichever is more stringent.
Sec. 78-786. Provisions for flood hazard reduction.
(a) General standards:
In all areas of special flood hazard, all development sites including new
construction and substantial improvements shall be reasonably safe from flooding,
and meet the following provisions:
(1) New construction and substantial improvements shall be designed
or modified and adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(2) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground
anchors. This standard shall be in addition to and consistent with
applicable State of Florida requirements for resisting wind forces;
(3) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage. See the applicable Technical Bulletin or Bulletins for
guidance;
(4) New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage. See the
applicable Technical Bulletin or Bulletins for guidance;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities, including duct work, shall
be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding;
(6) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters;
(8) On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during
flooding;
16 Ord. No. 2-08
(9) Any alteration, repair, reconstruction or improvements to a
building that is in compliance with the provisions of this article
shall meet the requirements of "new construction" as contained in
this article;
(10) Any alteration, repair, reconstruction or improvements to a
building that is not in compliance with the provisions of this
article, shall be undertaken only if said non-conformity is not
furthered, extended, or replaced;
(11) All applicable additional Federal, State of Florida, and local
permits shall be obtained and submitted to the Floodplain
Administrator. Copies of such permits shall be maintained on file
with the development permit. State of Florida permits may include,
but not be limited to the following:
(aa) South Florida Water Management District: in accordance
with Chapter 373.036 Florida Statutes, Section (2)(a) -
Flood Protection and Floodplain Management.
(bb) Department of Community Affairs: in accordance with
Chapter 380.05, Florida Statutes, Areas of Critical State
Concern, and Chapter 553, Part IV, Florida Statutes,
Florida Building Code.
(cc) Department of Health: in accordance with Chapter
381.0065, Florida Statutes, Onsite Sewage Treatment and
Disposal Systems.
(dd) Department of Environmental Protection, Coastal
Construction Control Line: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and
Excavation.
(12) Standards for Subdivision Proposals and other Proposed
Development (including manufactured homes):
(aa) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(bb) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize or eliminate flood
damage;
(cc) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
17 Ord. No. 2-08
(b) Specific standards:
In all A-Zones where base flood elevation data have been provided (Zones AE,
Al-30, and AH), as set forth in Section 78-775, the following provisions shall
apply:
(1) Residential Construction. All new construction or substantial
improvement of any residential building (including manufactured
home) shall have the lowest floor, including basement, elevated to
no lower than one foot above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate automatic equalization of flood hydrostatic
forces on both sides of the exterior walls shall be provided in
accordance with standards of paragraph (b)(3) of this Section.
(2) Non-Residential Construction. All new construction or substantial
improvement of any commercial, industrial, or non-residential
building (including manufactured home) shall have the lowest
floor, including basement, elevated to no lower than one foot
above the base flood elevation. All buildings located in A- Zones
may be flood-proofed, in lieu of being elevated, provided that all
areas of the building components below the base flood elevation
plus one foot are water tight with walls substantially impermeable
to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied using
the FEMA Floodproofing Certificate. Such certification along with
the corresponding engineering data, and the operational and
maintenance plans shall be provided to the Floodplain
Administrator.
(3) Elevated Buildings. New construction or substantial improvements
of elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the lowest floor
elevation shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
(aa) Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum criteria:
(i) Provide a minimum of two openings having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
18 Ord. No. 2-08
(ii) The bottom of all openings shall be no higher than
one foot above foundation adjacent interior grade
(which must be equal to or higher in elevation than
the adjacent exterior grade); and
(iii) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided they
provide the required net area of the openings and
permit the automatic flow of floodwaters in both
directions.
(bb) Fully enclosed areas below the lowest floor shall solely be
used for parking of vehicles, storage, and building access.
Access to the enclosed area shall be minimum necessary to
allow for parking of vehicles (garage door), limited storage
of maintenance equipment used in connection with the
premises (standard exterior door), or entry to the living area
(stairway or elevator); and
(cc) The interior portion of such enclosed area shall not be
finished or partitioned into separate rooms.
(4) Standards for Manufactured Homes and Recreational Vehicles.
(aa) All manufactured homes that are placed, or substantially
improved within Zones A 1-30, AH, and AE, on sites (i)
outside of an existing manufactured home park or
subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an
existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as
the result of a flood, the lowest floor be elevated on a
permanent foundation to no lower than one foot above the
base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(bb) All manufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision within Zones A-1, AH, and AE, that are not
subject to the provisions of paragraph (b)(4)(aa) of this
Section, must be elevated so that either:
(i) The lowest floor of the manufactured home is
elevated to no lower than one foot above the base
flood elevation, or
19 Ord. No. 2-08
(ii) The manufactured home chassis is supported by
reinforced piers or other foundation elements of at
least an equivalent strength that are no less than 36
inches, or 48 inches if one foot of freeboard
adopted, in height above the grade and securely
anchored to an adequate foundation system to resist
flotation, collapse, and lateral movement.
(cc) All recreational vehicles placed on sites within Zones A 1-
30, AH, and AE must either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (a
recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and
security devices and has no permanently attached
additions), or
(iii) Meet all the requirements for new construction,
including anchoring and elevation requirements in
accordance with paragraphs (b)(4)(aa) and (bb) of
this Section.
(5) Adequate drainage paths around structures shall be provided on
slopes to guide water away from structures.
(6) Standards for streams with established Base Flood Elevations,
without Regulatory Floodways.
Located within the areas of special flood hazard established in
Section 78-775, where streams exist for which base flood elevation
data has been provided by the Federal Emergency Management
Agency without the delineation of the regulatory floodway (Zones
AE and A 1-30), the following additional provisions shall also
apply.
(aa) Until a regulatory floodway is designated, no new
construction, substantial improvements, or other
development including fill shall be permitted within the
areas of special flood hazard, unless it is demonstrated that
the cumulative effect of the proposed development, when
combined with all other existing and anticipated
development will not increase the water surface elevation
of the base flood more than one foot at any point within the
Village.
20 Ord. No. 2-08
(bb) Development activities which increase the water surface
elevation of the base flood by more than one foot may be
allowed, provided that the developer or applicant first
applies, with the Village's endorsement, for a conditional
FIRM revision, and receives the approval of the Federal
Emergency Management Agency.
(7) Floodways. Located within areas of special flood hazard
established in Section 78-775, are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles
and have significant erosion potential, the following additional
provisions shall also apply:
(aa) Prohibit encroachments, including fill, new construction,
substantial improvements and other developments within
the regulatory floodway unless certification (with
supporting technical data) by a registered professional
engineer is provided through hydraulic and hydrologic
analyses performed in accordance with standard
engineering practice demonstrating that encroachments
would not result in any increase in flood levels during
occurrence of the base flood discharge.
(bb) Prohibit the placement of manufactured homes (mobile
homes), except in an existing manufactured homes (mobile
homes) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured
home park or subdivision provided the anchoring standards
of Section 78-786(a)(2), and the elevation standards of
Section 78-786(b)(1) and (2), and the encroachment
standards of Section 78-786(b)(7)(aa), are met.
(cc) Development activities including new construction and
substantial improvements that increase the water surface
elevation of the base flood by more than one foot may be
allowed, provided that the developer or applicant first
applies, with the Village's endorsement, for a conditional
FIRM revision, and receives the approval of FEMA.
(dd) When fill is proposed, in accordance with the permit issued
by the Florida Department of Health, within the regulatory
floodway, the development permit shall be issued only
upon demonstration by appropriate engineering analyses
that the proposed fill will not increase the water surface
elevation of the base flood in accordance with Section 78-
786(b)(7)(aa).
21 Ord. No. 2-08
(8) For all structures located seaward of the Coastal Construction
Control Line (CCCL), the lowest floor of all new construction and
substantial improvements shall be elevated to the regulatory flood
elevation established by the Florida Department of Environmental
Protection or by FEMA in accordance with Section 78-775,
whichever is higher. All non-elevation design requirements of
Section 78-789 shall apply.
Sec. 78-787. Specific standards for A-Zones without base flood elevations and
regulatory floodways.
Located within the areas of special flood hazard established in Section 78-775,
where there exist A-Zones for which no base flood elevation data and regulatory
floodway have been provided or designated by the Federal Emergency Management
Agency, the following provisions shall apply:
(a) Require standards of Section 78-786(a).
(b) The Floodplain Administrator shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a Federal, State
of Florida, or any other source, in order to administer the provisions of this
article. When such data is utilized, provisions of Section 78-786(b) shall
apply. The Floodplain Administrator shall:
(1) Obtain the elevation (in relation to the mean sea level) of the
lowest floor (including the basement) of all new and substantially
improved structures,
(2) Obtain, if the structure has been floodproofed in accordance with
the requirements of Section 78-786(b)(2), the elevation in relation
to the mean sea level to which the structure has been floodproofed,
and
(3) Maintain a record of all such information.
(c) Notify, in riverine situations, adjacent communities, the State of Florida,
Department of Community Affairs, NFIP Coordinating Office, and the
applicable Water Management District prior to any alteration or relocation
of a watercourse, and submit copies of such notifications to FEMA.
(d) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(e) Manufactured homes are prohibited within the Village of Tequesta except
as maybe permitted for temporary facilities.
22 Ord. No. 2-08
(f) When the data is not available from any source as in paragraph (b) of this
Section, the lowest floor of the structure shall be elevated to no lower than
three feet above the highest adjacent grade.
(g) Require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks and
subdivisions) greater than 50 lots or 5 aces, whichever is the lesser,
include within such proposals base flood elevation data.
Sec. 78-788. Standards for AO-Zones.
Located within the areas of special flood hazard established in Section 78-775,
are areas designated as shallow flooding areas. These areas have flood hazards
associated with base flood depths of one to three feet, where a clearly defined channel
does not exist and the path of flooding is unpredictable and indeterminate; therefore, the
following provisions apply:
(a) All new construction and substantial improvements of residential
structures in all AO Zones shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the depth
number specified in feet on the Flood Insurance Rate Map. If no flood
depth number is specified, the lowest floor, including basement, shall be
elevated to no less than two feet above the highest adjacent grade.
(b) All new construction and substantial improvements of non-residential
structures shall:
(1) Have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number
specified in feet on the Flood Insurance Rate Map. If no flood
depth number is specified, the lowest floor, including basement,
shall be elevated to at least two feet above the highest adjacent
grade, or
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to that level to meet the floodproofing standard
specified in Section 78-786(b)(2).
(c) Adequate drainage paths around structures shall be provided on slopes to
guide water away from structures.
Sec. 78-789. Coastal high hazard areas (V-Zones).
Located within areas of special flood hazard established in Section 78-775 are
Coastal High Hazard Areas, designated as Zones V 1-30, VE, or V (with BFE). The
following provisions shall apply for all development activities:
23 Ord. No. 2-08
(a) Meet the Requirements of Section 78-783, and Section 78-786(a) and (b)
[except (b)(7)], Section 78-787 and Section 78-788.
(b) All new construction and substantial improvements in Zones V1-V30, VE,
and V (with BFE) shall be elevated on pilings or columns so that:
(1) The bottom of the lowest horizontal structural member of the
lowest floor (excluding the pilings or columns) is elevated to no
lower than one foot above the base flood elevation whether or not
the structure contains a basement; and
(2) The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse, and lateral movement due to
the effects of wind and water loads acting simultaneously on all
building components. Water loading will be those values
associated with the base flood. Wind loading values will be those
required by applicable State of Florida or local, if more stringent
than those of the State of Florida, building standards.
(c) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall
certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions
of this Section.
(d) Obtain the elevation (in relation to mean sea level) of the bottom of the
lowest horizontal structural member of the lowest floor (excluding pilings
and columns) of all new and substantially improved structures. The
Floodplain Administrator shall maintain a record of all such information.
(e) All new construction and substantial improvements shall be located
landward of the reach of mean high tide.
(f) Provide that all new construction and substantial improvements have the
space below the lowest floor either free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated portion
of the building or supporting foundation system. For the purpose of this
section, a breakaway wall shall have a design safe loading resistance of
not less than 10 and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20
pounds per square foot (either by design or when so required by local
codes) may be permitted only if a registered professional engineer or
architect certifies that the designs proposed meet the following conditions:
(i) Breakaway wall collapse shall result from water load less than that
which would occur during the base flood; and
24 Ord. No. 2-08
(ii) The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and
nonstructural). The water loading shall be those values associated
with the base flood. The wind loading values shall be those
required by applicable Florida or local, if more stringent than those
of the State of Florida, building standards.
(iii) Such enclosed space shall be useable solely for parking of
vehicles, building access, or storage. Such space shall not be
finished, partitioned into multiple rooms, or temperature-
controlled.
(g) Prohibit the use of fill for structural support. No development permit shall
be issued for development involving fill in coastal high hazard areas
unless it has been demonstrated through appropriate engineering analyses
that the subject fill does not cause any adverse impacts to the structure on
site or adjacent structures. Placement of fill that would result in an
increase in the base flood elevation or cause adverse impacts by wave
ramping and deflection may be permitted, provided that the permit
applicant first applies for and receives a conditional FIRM revision,
fulfilling the requirements for such revisions as established by FEMA.
(h) Prohibit man-made alteration of sand dunes and mangrove stands that
would increase potential flood damage.
(i) Standards for Manufactured Homes -manufactured homes are prohibited
within the Village of Tequesta except as may be permitted as temporary
facilities.
(j) Recreational vehicles placed on sites within Zones VE, V1-V30, V (with
base flood elevation) on the FIRM either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use (on its wheels or
jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached
additions); or
(iii) Meet the requirements of paragraphs (2) through (8) of this
Section.
(iv) Prohibit the placement of recreational vehicles, except in an
existing recreational vehicle park. They must be on site for fewer
than 180 consecutive days, fully licensed and ready for highway
use (on its wheels or jacking system, is attached to the site by
25 Ord. No. 2-08
quick disconnect type utilities and security devices, and has no
permanently attached additions). They shall also have a plan for
removal in case of a threat.
(k) For all structures located seaward of the Coastal Construction Control
Line (CCCL), the bottom of the lowest horizontal structural member of the
lowest floor of all new construction and substantial improvements shall be
elevated to the flood elevation established by the Florida Department of
Environmental Protection or the base flood elevation, whichever is the
higher. All non-elevation design requirements of paragraphs (b) through
(k) shall apply.
(1) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in coastal high hazard area, the development permit
shall be issued only upon demonstration by appropriate engineering
analyses that the proposed fill will not increase the water surface elevation
of the base flood nor cause any adverse impacts to adjacent properties by
wave ramping and deflection.
Sec. 78-790. Variances and appeals.
The Board of Adjustment as established by the Village of Tequesta in Section 78-
62 of this chapter shall hear and decide appeals and requests for variances from the
requirements of this article.
Sec. 78-791. Duties of Board of Adjustment.
The Board of Adjustment shall hear and decide appeals when it is alleged an error
in any requirement, decision, or determination is made by the Floodplain Management
Administrator in the enforcement or administration of this article. Any person aggrieved
by the decision of the Board may appeal such decision pursuant to the appeal procedure
provided in Sections 78-63 and 78-67 of this chapter.
Sec. 78-792. Variance Procedures.
In acting upon such applications, the Board of Adjustment shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this
article, and:
(a) The danger that materials may be swept onto other lands to the injury of
others;
(b) The danger of life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
26 Ord. No. 2-08
(d) The importance of the services provided by the proposed facility to the
Village;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated
development;
(h) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment of
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
(k) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets and
bridges.
Sec. 78-793. Conditions for variances.
(a) Variances shall only be issued when there is:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship; and
(3) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public expense, create
nuisance, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(b) Variances shall only be issued upon a determination that the variance is
the minimum necessary deviation from the requirements of this article.
(c) Variances shall not be granted after-the-fact.
(d) The Floodplain Administrator shall maintain the records of all variance
actions, including justification for their issuance or denial, and report such
variances in the Village's NFIP Biennial Report or upon request to FEMA
27 Ord. No. 2-08
and the State of Florida, Department of Community Affairs, NFIP
Coordinating Office.
Sec. 78-794. Variance notification.
Any applicant to whom a variance is granted shall be given written notice over the
signature of a Village official that:
(a) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
(b) Such construction below the base flood level increases risks to life and
property.
A copy of the notice shall be recorded by the Floodplain Administrator in the
Office of the Clerk of Court of Palm Beach County and shall be recorded in a manner so
that it appears in the chain of title of the affected parcel of land.
Sec. 78-795. Historic Structures.
Variances may be issued for the repair or rehabilitation of "historic" structures
meeting the definition in this article upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a "historic"
structure.
Sec. 78-796. Structures in regulatory floodway.
Variances shall not be issued within any designated floodway if any impact in
flood conditions or increase in flood levels during the base flood discharge would result."
Section 4: Severability. If any court of competent jurisdiction holds any word, part,
section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding
shall not affect the remaining portions of this Ordinance, which shall remain in full force and
effect.
Section 5: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 6: Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
28 Ord. No. 2-08
Section 7. Effective Date. This Ordinance shall become effective immediately upon
passage.
FIRST READING this 10th day of January, 2008.
SECOND AND FINAL READING this 14th day of February, 2008.
THE FOREGOING ORDINANCE was offered by
who moved its adoption. The motion was seconded by
and upon being put to a vote, the vote was as follows:
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
For Against
The Mayor thereupon declared the Ordinance duly passed and adopted this day
of , 2008.
Mayor of Tequesta
Jim Humpage
ATTEST:
Lori McWilliams, CMC, Village Clerk
Y:\docs\Tequesta\Ordinances\2008\Ord2-08-Fema. DOC
29 Ord. No. 2-08