HomeMy WebLinkAboutOrdinance_07-17_07/13/2017 ORDINANCE NO. 7-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 78.ZONING.ARTICLE XII.FLOOD DAMAGE PREVENTION.BY
AMENDING SECTION 78-779. BASIS FOR ESTABLISHING FLOOD
HAZARD AREAS. TO UPDATE THE DATE OF THE FLOOD INSURANCE
STUDY AND FLOOD INSURANCE RATE MAPS; FURTHER AMENDING
THIS ARTICLE THROUGHOUT FOR CONSISTENCY WITH T'HE MOST
CURRENT FEMA-APPROVED FLOODPLAIN MANAGEMENT POLICIES
FOR FLORIDA; 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 Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the Village of Tequesta and such areas are subject to periodic
inundation which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the taac base, all of which adversely affect the public health, safety and
general welfare, and
WHEREAS,the Village of Tequesta participates in the National Flood Insurance Program
and the Village Council of the Village of Tequesta desires to continue to meet the requirements of
Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for participation; and
WHEREAS, the Federal Emergency Management Agency has revised and reissued the
Flood Insurance Study for Palm Beach County, Florida,and Incorporated Areas,with an effective
date of October 5, 2017; and
WHEREAS,the Village Council of the Village of Tequesta has determined that it is in the
public interest to amend its floodplain management ordinance to identify the effective date of the
revised Flood Insurance Study and Flood Insurance Rate Maps as set forth herein, and to update
this article throughout for consistency with the most current FEMA-approved floodplain
management policies for Florida.
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NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XII. Flood Damage Prevention at Sec. 78-779.Basis for Establishing
Flood Hazard Areas,to update the date of the flood insurance study and flood insurance rate maps
in conformance with requirements of the National Flood Insurance Program; providing that Sec.
34-9 shall hereafter read as follows:
Chapter 78 ZONING
ARTICLE XII. FLOOD DAMAGE PREVENTION
Sec. 78-779.-Basis for establishing tlood hazard areas.
The flood insurance study (FIS) for Palm Beach Countv. Florida and incoruorated areas dated
October 5.2017 , , ' ,
, , 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.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XII.Flood Damage Prevention throughout this article for consistency
with the most current FEMA-approved floodplain management policies for Florida;providing that
Secs. 78-787, 78-791, 78-792, 78-800, 78-801, 78-802, 78-803, 78-832, 78-836, 78-843, 78-853
and 78-859 shall hereafter read as follows:
Chapter 78 ZONING
ARTICLE XII. FLOOD DAMAGE PREVENTION
Sec. 78-787.—S�bctantial imnrovement and s�bstantial damage determinations
[The text of this section shall remain in full force and effect as previously adopted.]
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Sec. 78-791. -Other duties of the floodplain administrator.
The floodplain administrator shall have other duties, including but not limited to:
(1) Establish procedures for administering and documenting determinations of substantial
improvement and substantial damage made pursuant to section 78-787 of this article;
(2)Require that applicants proposing alteration of a watercourse notify adjacent communities and
the Florida Division of Emergency Management,State Floodplain Management Offce,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 applications to submit to FEMA the data and information necessary to maintain the Flood
Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area
boundaries,or floodway designations; such submissions shall be made within 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 ����''- *'��� �-*��'�, to determine that such certifications and
documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of the
Village of Tequesta are modified; and
(6) Advise applicants for new buildings and structures, including substantial improvements that
are located in any unit of the Coastal Barrier Resources System established by the Coastal Bamer
Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 1 O 1-
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."
Sec. 78-792. -Floodplain 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 m�a
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
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certifications and documentation of elevations specified by the Florida Building Code and this
article; notifications to adjacent communities, FEMA, and the state related to alterations of
watercourses; assurances that the flood 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.
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 404 of
the Clean Water Act.
61 Federal nermits and annrovals.
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.
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(2) Where , 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-
802f 1)or(4)of this article.
(3) Where the pazcel 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�4 (�}
eF{�}�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 prepazed
by a registered design professional if it is found that the nature of the proposed development is
such that the review of such submissions is not necessary to ascertain compliance with this article.
Sec. 78-802. -Information in flood hazard areas without base flood elevations (approzimate
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.
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(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 two t�ee 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���ee 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.
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 section 78-804 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, vdrologic and hvdraulic analvses that
�demonstrates that the cumulative effect of the proposed development, when combined with
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all other existing and anticipated flood hazard area encroachments,will 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 shall be maintained in a manner which preserves the channel's flood-carrying
capacity; the applicant shall submit the analysis to FEMA as specified in section 78-804 of this
article.
(4)For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas
(zone V), an engineering analysis that demonstrates that the proposed alteration will not increase
the potential for flood damage.
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.
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of
this article .
Coastal high hazard area.A special flood hazard area 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. Coastal high hazard areas are also referred to as "high
haza.rd 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. . ,
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Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 � Historic
Buildings.
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.other than a basement,usable
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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 n n-elevation reauirements of the Florida
Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Start of construction. The date of issuance mi. for new construction and substantial
improvements , 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.
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 ;
(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
section 78-802(1)or(2)(a) of this article; and
(3)Compliance with the site improvement and utilities requirements of subdivision s+�isestier�3,
§§ 78-837-78-842.
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 shall comply with the requirements of Chapter 15C-1,
F.A.C. and the requirements of this article. If located seaward of the coastal construction control
ine.all manufactured homes shall comnlv with the more restrictive of the annlicable reauirements.
Sec. 78-847. -Enclosures.
�e�nclosed areas below elevated manufactured homes shall comply with the requirements
of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as
applicable to the flood hazard area.
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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 section 78-840 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 or meet
the reouirements of ASCE 24, except that minimum electric service required to address life safety
and electric code requirements is permitted below the design flood elevation provided it conforms
to the provisions of the electrical part of building code for wet locations.
(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"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.
Sec. 78-859. -Other development in coastal high hazard areas(Zone�.
In coastal high hazard areas, development activities other than buildings and structures shall be
permitted only if also authorized by the appropriate federal' 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:
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(1)Bulkheads, seawalls, retaining walls,revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function to avoid
obstruction of floodwaters; and
(3)On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C.,as filled systems
or mound systems.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of , 2017.
SECOND AND FINAL READING this_day of , 2017.
VILLAGE OF TEQUESTA
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ORDINANCE
07-17
U on Second Readin
MOTION SECOND
Council Member Frank D'Ambra Council Member Steve Okun
VOTE
FOR AGAINST ABSENT
ADOPTION ADOPTION
Mayor Abby Brennan � ❑ ❑
Vice-Mayor Vince Arena � ❑ ❑
Council Member Steve Okun � ❑ ❑
Council Member Tom Paterno ❑ ❑ �
Council Member Frank D'Ambra � ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted this 13-Ju1-2017
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, MMC
Village Clerk
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