HomeMy WebLinkAboutDocumentation_Regular_Tab 18_06/11/2015 EMAIL CLERK Print Form
, i � , VILLAGE CLERK'S OFFICE �,
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AGENDA ITEM ROUTING SHEET � -
Meeting Date: Meeting Type: Regular Ordinance #: �-g� t-3 _� 5
Consent Agenda: Yes Resolution #:
June 11, 2015
Originating Department: Building
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Subdivision 3- Duties and Powers of the Floodplain Administrator Section 78-784-Designation
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Account #: N/A Amount of this item: N/A
Budgeted amount available: N/p, Amount remaining after item: N/A
Budget transfer required: No Appropriate Fund Balance: N/A
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Since the establishment of the Building Department as separate from Community Development, and as the
Village Manager has tasked the responsibility of Floodplain Manager to the Building Official it is necessary to
amend the verbiage of Subdivision 3- Duties and Powers of the Floodplain Administrator Sec. 78-784
Designation to read as follows: Remove the "director of community development" and insert "Building Official"
as the Floodplain Administrator for the Village of Tequesta.
-• �
Department Head � -� ` ��
Legal (for legal sufficiency)
Finance Director or Representative
,
Reviewed for Financial Sufficiency �
i ��� ��' '
No Financial Impact 0; ` %
a
Village Manager:
Submit for Council Discussion: ❑
Approve Item: ❑
Deny Item: �
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Form Amended: 10/30/14
�S
ORDINANCE NO. �-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ITS CODE
OF ORDINANCES AT CHAPTER 78. ZONING. SECTION 78-784.
DESIGNATION. REVISING THE TERMINOLOGY OF "DIRECTOR OF
COMMUNITY DEVELOPMENT" AND REPLACING IT WITH `BUILDING
OFFICIAL"; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. ZONING. 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 Village of Tequesta Department of Community Development is
currently administered by a Director of Community Development, and is separate and distinct
from the Building Department; and
WHEREAS, Chapter 78. Zoning. Section 78-784. of the Code of Ordinances currently
places responsibility with the of the Floodplain Administrator on the Director of Community
Development, and
WHEREAS, the Village Council desires to designate the Building Official as the
Floodplain Administrator; and
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Chapter 78. Section 78. Designation of the Code of Ordinances, Village of
Tequesta, Florida, is hereby amended by replacing the term "Community Development Director"
with "Building Official", to properly reflect the duties of the Floodplain Administrator;
providing that this section shall hereafter read as follows:
Sec. 78-784. - Designation.
The �' + ���:�:: :� ::�" ''�:'��""'°"+ Building Official is designated as the Floodplain
, r....,..
Administrator for the Village of Tequesta. The floodplain administrator may delegate
performance of certain duties to other employees.
Section 2 Each and every other section and subsection of Chapter 78. Subdivisions.
shall remain in full force and effect as previously adopted.
Section 3. All ordinances and parts of ordinances in conflict with these amendments
are 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 granted to codify and incorporate this ordinance into
the existing Code of Ordinances, Village of Tequesta, Florida.
Section 6. This ordinance shall take effect immediately upon adoption.
. S,� �-
0 °�;�"
• Subdivision 1. - General
• Sec. 78-771. • Title.
This article and these regulations shall be known as the Flood Damage Prevention Ordinance of the Village of Tequesta.
(Ord. No. 9-12, § 1, 9?-8-2012)
• Sec. 78-772. - Scope.
The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area
within the Village of Tequesta, including but not limited to the subdivision of land; filling, grading, and other site
improvements and utility installations; construction, alteration, remodeling, enlargement, 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
replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.
(Ord. No. 9-12, § 1, 11-8-2012)
• 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 minimum 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 minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5)Minimize damage 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.
(Ord, No. 9-12, § 1, 19-8-2012)
• Sec. 78-774. - 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.
(Ord. N�. 9-12, § 1, 11-8-2012)
• 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 increased 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 elevations contained in
the flood insurance study and shown on the flood insurance rate maps and the requirements of Title 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 Flood Insurance Program. No guaranty of vested
use, existing use, or future use is implied or expressed by compliance with this article,
(Ord. No. 9-12, § 9, 11-8-2012)
• Sec. 78-776. - Disclaimer of liability.
This article shal{ not create fiability 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.
(Ord. N�. 9-12, § 1, 19-8-2092J
• Subdivision 2. - Applicability
• Sec, 78-777. • General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement 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.
(Ord. No. 9-12, § 1, 1?-8-2092)
• 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 �; ��+� �" ' of this
article.
((3C��, iL�u. !3-`J t, � 'P, "!�!-c`i-;?U�f�J
• Sec. 78-779. - Basis for establishing flood hazard areas.
The flood insurance study (FIS) and wave height analysis for the Village of Tequesta, Palm Beach County, Florida,
dated September 30, 1982, and all subsequent amendments and revisions, and the 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
areas are on file at the office of the village clerk.
(Grc,. i�o. �' �il, � �1, '��-�s��,�t1�i�?)
• Sec. 78•780. - Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to Subdivision 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 that ground elevations:
(1)Are below the closest applicable base flood etevation, 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 requirements of this
ordinance and, as applicable, the requirements of the Florida Building Code.
(2)Are above the closest applicable 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.
(C>rt1. ttirs�, t��=i r, r; �1, �{ �1. s3•�zt7�'r �I
• Sec. 78-781. • Other laws.
The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.
(i�Y�f. (�?0. '�•7� �1, � ��, '�'t,.i}, �rt't'i i�)
• 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 existing village code including but not limited to 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.
((Jr�#, i�•l<,. 9� �� � -� �� ;..r3.7t?; ��
• Sec. 78-783. • Interpretation.
In the interpretation and application of this article, all provisions shall be:
(1)Considered as minimum requirements;
(2)Liberally construed in favor of the Village of Tequesta; and
(3)Deemed neither to limit nor repeal any other powers granted under state statutes.
(Or�t. i�J��. S'..j�, � "�� �i'i_g 'l.(i'i2)
• Subdivision 3. - Duties and Powers of the Floodplain Administrator
• Sec. 78-784. - Designation.
The d�ree-#a�-o�e-0r�fnur�+t�deve44p�nent Buildinq Official is designated as the Floodplain Administrator for the
Village of Tequesta. The floodplain administrator may delegate performance of certain duties to other employees.
(C�rY�, i,r� �). �1 �, �`t "�, �� "�°E�����'0"i �)
• 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 Subdivision 7 of this division.
(C7r'd. A1�7. !t-1�', � i, �17'ug.
• Sec. 78-786. - Applications and permits.
The floodplain administrator, in coordination with other pertinent village officials, shall:
(1)Review applications and plans to determine whether proposed new development will be located in flood hazard
areas;
(2jReview applications for modification of any existing development in fiood hazard areas for compliance with the
requirements of this article;
(3jlnterpret 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 appeai the interpretation;
(4)Provide available flood elevation and flood hazard information;
(5)Determine 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)fssue floodplain devefopment 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 Florida
Building Code, when compliance with this article 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 ihe
requirements of this article.
(Ord. No. 9-92, § 1, 91-8-2012)
• Sec. 78-787. - Determinations for existing buildings and structures.
For applications for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change ofi occupancy, additions, rehabilitations, renovations, and any other
improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the
building official, shall:
(1)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 buifding or structure 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 substantiai improvement or repair of
substantial damage; and
(4'Notify the applicant if it is determined that the work constitutes 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.
(Ord. No. 5-92, § 1, 11-8-2412)
• 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 Subdivision 7 of this division.
(4rd. tVa, 9-12, § ?, 11-$-2012}
• Sec, 78-789. • Coordination of notices and orders.
The floodplain administrator shall coordinate the issuance of all necessary notices or orders to ensure compliance with
this article and the flood resistant construction requirements of the Florida Building Code.
(Ord. No. 9-12, § 1, 11-8-2012)
• Sec. 78-790. • Inspections.
The floodplain administrator shall make the required inspections as specified in Subdivision 6 of this division for
development that is not subject to, or exempt from, the Fforida Building Code, incfuding 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.
(Ord. No. 9-92, § 9, 99-8-2012)
• Sec, 78-791. - Other duties of the floodplain administrator.
The floodplain administrator shafl 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 section 78-787 of this article;
(2)Require that applicants proposing afteration 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);
(3)Require applicants who submit hydrologic and hydraulic engineering analyses to support permit appiications 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 six 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;
(5jNotify 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 Barrier 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 identified on flood insurance rate maps as
"coastal barrier resource system areas" and "otherwise protected areas."
(Ord. No. 9-12, § 9, 19-8-2012)
• Sec. 78-792. - Ffoodplain management records.
Regardless of any limitation on the period required for retention of public records, the floodplain 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 Code, including
flood insurance rate maps; letters of change; records of issuance of permits 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 a{terations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related 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 Building Code. These records shall be available for public inspection
at the office of the community development director.
• Subdivision 4. - Permits
• Sec. 78-793. - 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, structures and facilities exempt from the Florida Building 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 approval(s�, No such
permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes
and regulations has been satisfied.
(Ord.1Vo. 9-12, § 3, 11-8-20?2)
• Sec. 78-794. - Floodplain development permits or approvals.
Floodplain development permits 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 the
Florida Building Code. Depending on the nature and extent of proposed development that includes a building or
structure, the floodplain administrator may determine that a floodplain development permit or approval is required in
addition to a building permit.
(Ord. No. 9-12, § 1, 11-8-2012)
• Sec. 78-795. - Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in 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 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 F.S. § 604.50, F.S.
{2)Temporary buildings or sheds used exclusively for construct'son purposes.
(4)Mobile or modular structures used as temporary offices.
(5)Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the
generation, transmission, or distribution of electricity.
(6)Chickees constructed by the Miccosukee Tribe of lndians 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 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 correctional system.
(9)Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are
located in flood hazard areas established on flood insurance rate maps.
(Ord. No. 9-12, § 1 �7-a-aoa2�
• Sec. 78•796. - Application for a permit or approval.
To obtain a floodplain development permit 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 approval.
(2)Describe the land on which the proposed development is to be conducted by legal description, street address or
similar 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 Subdivision 5 of this division.
(5)State the valuation of the proposed work.
(6)Be signed by the applicant or the applicant's authorized agent.
(7)Give such other data and information as required by the floodplain administrator.
(Or`d. No. 9-92, § ?, 11-8-20?2)
• Sec. 78-797. - 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 administrator from requiring the correction of errors and omissions.
(Ord. �ia, 9-12, § 1, 1?-8-2�12)
• Sec. 78-798. - Expiration.
A floodp{ain deve{opment permit or approval shall bacome inva{id unless the work authorized by such permit is
commenced within 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 demonstrated.
(Ord No. 9-12, § ?, 19-8-2D12)
• Sec. 78•799. - Suspension or revocation.
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.
(Ord. No. 9-12, § 1, 91-$-2�12)
• 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:
(1)The South Florida Water Management District; F.S. § 373.036.
(2)The Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and
Chapter 64E-6, F.A.C.
(3)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; F.S. §
161.141.
(4)The Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. §
161.055.
(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 of the Clean Water Act.
(Ord. No. 9-9a, § 1, 11-s-2012}
• Subdivision 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 shall be drawn
to scale and shall include, 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 areas, 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 section 78-�02 of this article.
(3)Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than
five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such
elevations shall be established in accordance section 78�802(1) or (2)a, 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 shall be located landward of the reach of inean high tide.
(5)Location, extent, amount, and proposed final grades of any filling, grading, 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 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, construction documents, and
other data that are 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.
{Ord. Na. 9-?Z, § 4, 9t-8-2012; Ord. No. 3-34, § 9, 2-13-2014)
• Sec. 78•802. - Information in flood hazard areas without base flood elevations (approximate zone A�.
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the
floodplain administrator shall:
(1)Obtain, review, and 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.
(2)Where base flood elevation and floodway data are not available from another source, where the available data
are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the
available data are known to be scientifically or technically incorrect or otherwise inadequate:
a,Require the applicant to include base flood elevation data prepared in accordance with currently accepted
engineering practices; or
b.Specify that the base flood elevation is three 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
three feet.
(3)Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise
the applicant that the analyses shall be prepared by a Florida 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.
(4)Require the applicant to include base flood elevation data prepared in accordance with currently accepted
engineering practices.
(Ord, No. 9-92, § 1, 91-8-2012; Ord. No. 38-13, § 1, 3-13-2094; Ord. No. 7-94, y� 2, 4-4a-?4)
• Sec. 78-803. - Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of
this section, the applicant shall have the following analyses prepared, signed and sealed by a Florida licensed engineer
for submission with the site plan and construction 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#ian 7&-&Q3 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 insurance study or on the FIRM and floodways have not been designated, a floodway
encroachment analysis which demonstrates that the cumulative effect of the proposed development, when
combined with all other existing and anticipated flood hazard area encroachments, wili not increase the base
flood elevation more than one foot at any point within the community. This requirement does not apply in
isolated flood hazard areas not connected to a riverine flood hazard area 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
watercourse will not be decreased, and certification that the altered watercourse shalf be maintained in a
manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in s�ctior� 78-�04 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 demonstrates that the proposed alteration will not increase the potential for flood
damage.
(Ord. No. 9-92, § ?, 11-�-2092)
• Sec. 78-804, • Submission of additional data.
When additional hydrologic, hydraulic or 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 prepared by a Florida licensed engineer in a format
required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
(Ord. No. 9-12, § 9, 49-8-2012)
• Subdivision 6. - Inspections
• Sec. 78•805, - General.
Development for which a floodplain development permit or approval is required shall be subject to inspection.
(Qrd. No. 9-12, § 9, 19-8-20?2)
• Sec. 78-806. - Development other than buildings and structures.
The floodplain administrator shall inspect all development to determine compliance with the requirements of this article
and the conditions of issued floodplain development permits or approvals.
{Ord. No. 9-12, § 9, 91-8-2012)
• Sec. 78-807. - Buildings, structures and facilities.
The building official shall inspect buildings and structures subject to the Florida Building 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.
(Ord. No. 9-12, § 1, 11-&-20?2)
• Sec. 78-808. - Buildings, structures and facilities exempt 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
floodplain 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
section 78-802(2)b, of this article, the documentation of height of the lowest floor above highest adjacent
grade, prepared by the owner or the owner's authorized agent.
(Ord. �o. 9-12, § 9, 11-8-2012)
• Sec. 78-809. - Buildings, structures and facilities exempt from the Florida Building Code, final inspection.
As part of the final inspection, the owner or owner's authorized agent shall 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 section 7�-8�8 of this article.
(Ord. Na. 9-12, § 1, 11-8-2012)
• 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 permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the floodplain administrator.
(Ord. No. 9-92, § 9, 11-8-2R?2)
• Subdivision 7. - Variances and Appea{s
• Sec. 78-811. - General.
Pursuant to F,S. § 553.73(5), 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 does not apply to Section 3109 of the Florida Building Code,
Suilding.
(Ord. No. 9-12, § 1,11-8-2092)
• Sec. 78-812. - Appeals.
The board of adjustment shail 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 to the circuit court, as provided by
Florida Statutes.
(Ord. Na 9-'!2, § 1, 11-8-2012)
• Sec. 78-813. - Limitations on authority to grant variances.
The board of adjustment shall base its decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in section 78-817 of this article, the conditions of issuance set forth in s�ction 78-&18 of
this article, and the comments and recommendations of the floodplain administrator and the building official. The board
of adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of
this article.
(Ord. No. 9-12, § 9, 91-8-2092)
• Sec. 78-814. - Restrictions 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 �ection 78-803 of this article.
(Ord, No. 9-12, § 1, 99-8-2042)
• 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 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 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 rehabilitation shall be subject to the requirements of the Florida Building Code.
(Ord, No. 5-42, § 1, 19-8-2012)
• 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 section 78•814
of this article, is the minimum necessary cansidering the flood hazard, and all due consideration has been given to use
of inethods and materials that minimize flood damage during occurrence of the base flood.
(Ord. No. 9-12, § 1, 11-8-2092)
• Sec. 78•817. - Considerations for issuance of variances.
In reviewing requests for variances, the board of adjustment shall consider all technical evaluations, all relevant
factors, all other applicable provisions of the Florida Buifding Code, this chapter, and the folfowing:
(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;
(6)The compatibility of the proposed development with existing and anticipated development;
(7)The relationship of the proposed development to the comprehensive plan and floodplain management program
forthe area;
(8)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 applicabfe, 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.
(Ord. No. 9-92, § 1, 19-&2Q12)
• Sec. 78-818. - 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 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 exceptional 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 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 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
$25.00 for $100,00 of insurance coverage), and stating that construction below the base flood elevation
increases risks to life and property.
(Ord. No. 9-12, § 1, 11-8-20i2)
• Subdivision 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 documentation is provided.
(Qrd. Na. 9-92, § 1, 11-8-2012)
• 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.
(Ord. No. 9-12, § l, 11�8-2092)
• 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 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 F.S. Ch.162, Pt, I, and Chapter 2 of the village's Code.
{t7rd. No. 9-92, § 1, ?9-8-2012)
• Secs. 78-822-78-829. - Reserved.
• Subdivision 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.
(�rd. No. 9-12, § 9, 19-8-2092J
• Sec, 78•831. - Terms not defined.
Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted
meanings such as the context implies.
• Subdivision 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 andlor 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.
ASCE 24. A standard 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 one 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 all sides. [Also defined in FBC, B,
Section 1612.2,j
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 permif. An official document or certificate issued by the building official which authorizes performance of
specific activities that are determined to be compliant with the Florida Building Code.
Coasfal construction control line. The line established by the State of Florida pursuant ta F.S. § 161.053, 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 speciaf flood hazard area extending from offshore to the inland fimit 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 referred to as "high hazard areas subject to high velocity wave action" or "V zones"
and are designated on flood insurance rate maps (FIRM) as zone V1-V30, VE, or V. [Note: The FBC, B defines and uses
the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard
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 subject 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 A0, 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 two 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 disturbing 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.
Existing building 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 accumufation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capabie 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 area within a floodplain subject to a 1-percent 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 insurance rate map (FIRM). 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 Emergency Management Agency that contains
the flood insurance rate map, the flood 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 administrafor. 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 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 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 Code, Fue( Gas.
Funcfionally dependent use. A use which cannot perform its intended purpose unless it is located or carried 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 manufacturing facilities.
Highest adjacenf grade. The highest natural elevation of the ground surface prior to construction next to the proposed
wal{s or foundation of a structure.
Historic strucfure. 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.
Letfer of map 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:
Letfer of map amendmenf (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.
Lefter 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 map revision based on fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill
above the base flood elevation and 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 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 project 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 and approval of certified as-built documentation, a letter of map revision may be issued by FEMA 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 transportation of property or is a derivation of such a vehicle, or
(2)Designed primarily 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 floor. 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 home. A structure, transportable in one or more sections, which is eight feet or more in width and greater
than 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" or "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 value (replacement cost
depreciated for age and quality of construction), or tax assessment value adjusted to approximate 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, structures 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
Florida Building Code, Building (Residential Group R or Institutional Group I) and ASCE 24. [Also see definition in ASCE
24.]
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Special flood hazard area. An area in the floodplain 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, A0, A1-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 substantial improvements to existing structures,
provided the actual start of construction, 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 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 consfruction 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
insfallafion of accessory buildings such as garages or sheds not occupied as dwelling unifs or not part of the main
buildings. For a 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. [Also defined in FBC, B Section 1612.2.]
Substanfial 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 market value of the
building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2,]
Subsfantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or
structure, the cost 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 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 minimum necessary to assure safe living conditions.
(2jAny alteration of a historic structure provided the alteration will not preclude the structure's continued
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.
(Ord. No. 9-12, § ?, 11-8-2092)
• Subdivision 1. - Buildings and Structures
• Sec. 78-833. - Design and construction of buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to section 78-795 of this article, buildings, structures, and facilities that are exempt from the Florida Building
Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities,
shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of
ASCE 24, Structures exempt firom the Florida Building Code that are not wafled and roofed buildings shall comply with
the requirements of subdivision 6 of this division.
(Ord. Na. 9-12, § 9, 11-8-20?2)
• Sec. 78-834. - Buildings and structures seaward of the coastal construction control line.
If extending, 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, Building Sec. 3109 and Section 1612 or Florida Building Code,
Residential Sec. R322.
(2jMinor structures and non-habitable major structures as defined in F.S. § 161.54, shall be designed and
constructed to comply with the intent and applicable provisions of this article and ASCE 24.
�ard. �o, s-a2, § �, 7a-a-2o7z�
• Subdivision 2. - Subdivisions
• Sec. 78-835. - Minimum requirements.
Subdivision proposals shall be reviewed to determine that:
(1)Such proposals are consistent with the need to minimize 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 minimize or eliminate flood damage; and
(3)Adequate drainage is provided to reduce exposure to flood hazards and to prevent adverse impacts to adjacent
properties from storm water runoff. In Zones AH and A0, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures. All structures exceeding one story in height shall be
required to incorporate gutters and downspouts to coflect and direct runoff to ground level, or below ground
level if discharge to a below grade structure, canal or lake is possible.
�ord. �ro, s-z2, § a, a�-s-2o72; ord. �o. s-�a, § �, 2-'s-2o74}
. Sec. 78-836. - Subdivision plats.
Where any portion of a proposed subdivision lies within a flood hazard area, the following shall be required:
(1)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;
(2)Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not
included on the FIRM, the base flood elevations determined in accordance with sectEan 78-802(1) or (2)(a) of
this article; and
(3)Compliance with the site improvement and utilities requirements of section_78-838
{Ord. Na. 9-12, § 1, 11-8-2012; Ord. No. 3-?4, § 9, 2-93-2014}
• Subdivision 3. - Site Improvements, Utilities and Limitations
• Sec. 78-837. - Minimum requirements.
All proposed new development shall be reviewed to determine that:
(1)Such proposals are consistent with the need to minimize 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 minimize or eliminate flood damage; and
(3)Adequate drainage is provided to reduce exposure to flood hazards and to prevent adverse impacts to adjacent
properties from storm water runoff. In zones AH and A0, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures. All structures exceeding one story in height shall be
required to incorporate gutters and downspouts to coAect and direct runoff to graund level, or below ground
level if discharge to a below grade structure, canal or lake is possible.
(4)Construction documents submitted with an application for new construction of, or substantial improvements to
a single family dwelling shall be accompanied by a lot grading plan demonstrating that storm water runoff will
not adversely impact adjacent properties. Such plans shall be drawn to scale on 11" X 17" or larger paper;
shall show the location and elevation of the existing ground and all on and off-site structures within 15 feet of
the lot being improved; shall include flow arrows depicting surface flow direction; and shall show locations of
roof drains and how flow will be directed or diffused at or below ground level.
(Ord. No. 9-12, § 1, 19-8-2412; Ord. No. 3-14, § 9, 2-93-2094)
• Sec. 78-838. - Sanitary sawage facilitiss.
All new and replacement sanitary sewage facilities, private sewage treatment plants (including all 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 Ghapter 64E•6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the
facilities and systems.
(Ord. No. 9-12, § 1, ?'1-8-2092)
• 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 Ghapter 7 to minimize or eliminate infiltration of floodwaters into
the systems.
(Ord, A+o. 9-42, § 9, 99-8-2012)
• 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 floodway encroachment analysis required in sec#ion 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.
(Ord, No, 9-12, § 1, 11-8-2Q12)
• 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 shall comply with
the requirements of the Florida Building Code.
(Ord. No, 9-92, § 1, 11-8-2012)
• Sec. 78-842. - Limitations on sites in coastal high hazard areas (zone V).
In coastal high hazard areas, 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
sectian 75-803(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 shalf comply with
section 78�861 of this article.
(Ord. No. 9-12, § 1, 19-8-2012)
• Subdivision 4, - Manufactured Homes
• Sec. 78-843. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F,S.
§ 320.8249, and shalf comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this article.
(Ord. No. 9-12, § 1, 11-8-2012)
• Sec. 78-844. - Foundations.
AH new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on
permanent, reinforced foundations that:
(1)In flood hazard areas (zone A) other than coastal high hazard areas, are designed in accordance the foundation
requirements of the Florida Building Code, Residential Section R322.2 and this arkicle.
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.
(Ord. No. 9-72, § ?, 91-8-2012)
• Sec. 78-845. - Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed using methods and practices
which minimize 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 limited to, use of over-the-top or
frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring
requirements for wind resistance.
(Ord. fl�o, 9-92, § 9, 11-8-2012)
• 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 required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or Section R322.3 (zone V).
(Ord. No. 9-12, § 1 �a-s-2o1a}
• Sec. 78-847. - Enclosures.
Fully enciosed areas below elevated manufactured homes shali comply with the requirements of the Florida Building
Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area.
(0�'d. No. 9p12, § 9, 11-8-2d 12)
• 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 Florida Building Code,
Residential Section R322, as applicable to the flood hazard area.
(Ord. No. 9-92, § 1, 19-8-2012)
• Subdivision 5. • Tanks
• Sec. 78-849, • Underground tanks.
Underground tanks in flood hazard 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 empty.
(Ord. No. 9-92, § 9, 99-�-2012)
• Sec. 78-850. • Above-ground tanks, not elevated.
Above-ground tanks that do not meet the elevation requirements of sectian 78m85t3 of this article shall:
(1)Be permitted in flood hazard areas (zone A) other than coastal high hazard areas, provided the tanks are
anchored or otherwise designed and constructed 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 empty and the effects of flood-borne debris.
2.Not be permitted in coastal high hazard areas (zone V).
(Ord. Na, 9-12, § 1, 11-8-2Q12J
• Sec. 78-851. - Above-ground tanks, elevated.
Above•ground tanks in ffood hazard areas shalf be attached to, and elevated to or above the design ffood 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.
(Ord. No. 9-?2, § 7, 11-8-20?2)
• Sec. 78-852. - Tank inlets and vents.
Tank inlets, fill openings, outlets and vents shall 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.
(Ord. N�. 9-12, § ?, 91-&2012J
• Subdivision 6. - Other Develapment
• Sec. 78-853. - General requirements for other development.
All development, including man-made changes to improved or unimproved real estate for which specific
provisions are not specified in this ordinance or the Florida Building Code, shall:
(1)Be located and constructed to minimize flood damage and to prevent adverse impacts to adjacent properties
from storm water runoff. All structures exceeding one story in height shall be required to incorporate gutters
and downspouts to collect and direct runoff to ground level, or below ground level if discharge to a below
grade structure, canal or lake is possible;
(2)Meet the limitations of secfian 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 flood 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 permitted below the design
flood elevation provided it conforms to the provisions of the electrica! part of build'+ng code for wet locations.
(6)Construction documents submitted with an application for new construction of, or substantial improvements to
a single family dwelling shall be accompanied by a lot grading plan demonstrating that stormwater runoff will
not adversely impact adjacent properties. Such plans shall be drawn to scale on 11"X17" or larger paper; sha11
show the location and elevation of the existing ground and all on and off-site structures within 15 feet of the
lot being improved; shall include flow arrows depicting surface flow direction; and shall show locations of roof
drains and how flow will be directed or diffused at or below ground level.
(Ord. No. 5-92, § 1, 91-8-20?2; Ord. No. 3-14, § 1, 2-93-2014}
• Sec. 78-854. - Fences in regulated floodways.
Fences in regulated fioodways that have the potential to block the passage of floodwaters, such as stockade fences
and wire mesh fences, shall meet the limitations of section 78-�41 of this article.
(Ord. No. 9-12, § 9, 91-�-2012)
• Sec. 78-855. - Retaining walls, sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the
limitations of section 78-841 of this article.
{Ord. No. 9-92, § 1, 19-8-2092)
• Sec. 78-856. - Roads and watercourse crossings in regulated 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�ion 78-�41 of this article. Alteration of a watercourse that is part of a road or
watercourse crossing shall meet the requirements of sectior� 78�803(3) of this article.
(Ord. N�. 9-12, § 9, 91-8-20?2)
• Sec. 78-857. - Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses in coastal high hazard areas (Zone V),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 minimize 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 inches.
(C�rd. Na. 9-12, § 1, 91-8-2092)
• Sec. 78-858. - Decks and patios in coastal high hazard areas (Zone V),
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 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 accommodate any increased loads resulting from the attached deck.
(2)A deck or patio that is located below the design flood elevation shall be structurally independent from buildings
or structures and their foundation systems, and shall be designed and 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 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 prepared 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 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.
(�rd. No. 9-92, § 1, 19-8-2042)
• Sec. 78-859, - Other development in coastal high hazard areas (zone V),In coastal high hazard areas, development
activities other than buildings and structures shall be permitted only if also authorized by the appropriate state or local
authority; if located outside the footprint of, and not structurally 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 buildings and structures, Such other development
activities include but are not limited to:
(1 jBulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2)Solid fences and privacy walis, 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.
(4rd. Na. 9-92, § 1, 11-&2�42)
• Sec. 78-860. - Nonstructural fill in coastal high hazard areas (zone V).
In coastal high hazard areas:
(1)Minor grading and the placement of minor quantities of nonstructural fill shall 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 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 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.
(Ord. fJo. 9-?2, § 9, 11-8-2012)
• English, Timothy
From: Keith Davis [keith@cwda-legal.com]
Sent: Tuesday, March 24, 2015 4:35 PM
To: McWil{iams, Lori; English, Timothy
Subject: RE: Ordinance 5-15 and Resolution 19-15
Attachments: Building Permit Fee Schedule Update.doc
Categories: Purple Category, Red Category
Please see revised Resolution 19-15 as attached. This tracks the format of other resolutions adopting fee schedules in
the Village.
The revision required in Sec. 78-784, as captured in draft ordinance 5-15 will be incorporated into a comprehensive
"gfitch" ordinance that makes simi{ar and other clean-up revisions throughout the zoning code. This will af{ow us ta
make multiple minor fixes in a single ordinance with a single advertisement. I am working on this "glitch" ordinance,
along with several others, at this time. Probably shooting for the May agenda for First Reading at this point.
Keith W. Davis, Esquire
Attorney
�� �v����.(iL� '1�r'I I(TI--,
�� L�r1t�'1S ,�1��t� �'+►5� I�I��.�i�, i':�.
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
Email: Keith@CWDA-{e�al.com Please make a note of our new e-mai{ address
Incoming e-mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the
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delete the original message.
From: McWilfiams, Lori [mailto:lmcwilliams@tequesta.or�]
Sent: Thursday, March 19, 2015 2:58 PM
To: English, Timothy; Keith Davis
Subject: Ordinance 5-15 and Resolution 19-15
Keith,
Attached is an ordinance and a resolution for your review. When responding, please copy both me and Mr. English.
Thank you,
Lori
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