Ordinance 1983-002 Providing the Flood Damage PreventionORDINANCE NO. ~_ - 1983
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, PROVIDING FOR FLOOD DAMAGE PREVENTION WITHIN THE
CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH.
BE IT ORDAINED BY THE VILLAGF. COUNCIL OF NORTH PALM
' BEACH, FLORIDA:
Section 1. STATUTORY AUTHORIZATION. The Legislature
of the State of Florida has, in Chapter 163, Florida Statutes,
delegated the responsibility to local governmental units to
adopt regulations designed to promote the public health, safety
and general welfare of its citizenry.
Section 2. FINDINGS OF FACT.
(1) The flood hazard areas of the Village of North
Palm Beach are subject to periodic inundation which results in
loss of life and property, health and safety hazards,
disruption of commerce and governmental services,. extraordinary
public expenditures for flood protection and relief., and
' impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
(2) These flood losses are caused by the cumulative
effect of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are
inadequately flood-proofed or elevated, or otherwise
unprotected from flood damage, contribute, also to the flood
loss.
Section 3. STATEMENT OF PURPOSE AND OBJECTIVES. The
purpose and objectives of this Ordinance are to promote the
public health, safety and general welfare, and to minimize
public and private losses due to flood conditions in specific
areas by provisions designed:.
(1) To protect human .life and healthf
(2) To minimize expenditure of public money for
costly flood control projects?
(3) To minimize the heed,~for rescue and relief
efforts associated with flooding and generally
undertaken at the expense of the general publics
(4) To minimize prolonged business interruptionst
(5) To minimize damage. to public facilities and
' utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard)
(6) To help maintain a stable tax base by providing
for the second use and development of areas of
special flood hazard so as to minimize future
flood blight areast
(7) To insure that potential buyers are notified that
property is in an area of special flood hazard;
and,
(B) To insure that those who occupy the areas of
special flood hazard assume responsibility for
' their actions.
Section 4. METHODS OF REDUCING FLOOD LOSSES. In
order to accomplish its purpose and objectives, this Ordinance
includes methods and provisions for:
(1) Restricting or prohibiting uses which are
dangerous to health, safety and property due to
water or erosion- hazards, or which result in
damaging increases in erosion or i'n flood heights
or velocities;
(2) Requiring that uses vulnerable to floods,
including facilities which serve such uses, be
protected against flood damage at the time of
initial construction)
' (3) Controlling the alteration of natural flood
plains, stream channels and natural protective
barriers, which help accommodate or channel flood
waters;
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(4) Controlling filling, grading, dredging and other
development which may increase flood damage; and
(5) Preventing or regulating the construction of
flood barriers which will unnaturally divert
flood waters or which may increase flood hazards
' in other areas.
Section 5. DEFINITIONS. Unless specifically defined
below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common
usage and to give this Ordinance its most reasonable
application.
APPEAL - A request for a review of the Flood Damage
Control Administrator's interpretation of any
provision of this Ordinance or a request for a
variance.
AREA OF SHALLOW FLOODING - A designated AO, AH or VO
Zone on a community's Flood Insurance Rate Map,
(FIRM), with a one percent or greater annual chance of
annual flooding. The base flood depths range from one
to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - The land in the flood
plain within a community subject to a one percent or
greater chance of flooding in any given year.
Designated as Zones A, AO, AH, Al-99, VO or V1-30 on a
community's FIRM.
BASE FLOOD - The flood having a one percent chance of
being equalled or exceeded in any given year.
' BASE FLOOD ELEVATION - The crest elevation in relation
to mean-sea-level (using National Geodetic Vertical
Datum) expected to be reached during a flood which
encompasses the regulatory flood plain:
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T
BREAKAWAY WALLS - Aesthetic Lattice Walls or Screening
using approved materials, which are not part of the
structural support of the building and which are
designed as to breakaway, under abnormally high tides
or wave action, without damage to the structural
' integrity of the building on which they are used.
COASTAL HIGH HAZARD AREA - An area within the
regulatory flood plain which is subject to high
velocity waters, including hurricane wave wash. The
area is designated on a FIRM as Zone V1-30.
DEVELOPMENT - Any man-made change to improved or
unimproved real estate, incuding, but not limited to,
buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations located within the. area of special flood
hazard.
FLOOD OR FLOODING - A general and temporary condition
of partial or complete inundation of normally dry land
areas from:
(1) The overflow of inland or tidal waterer
and/or ,
(2) The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODBOUNDARY AND FLOODWAY MAP - The official map on
which the Federal Emergency Management Agency has
delineated both the Flood Boundaries and the
Regulatory Floodway.
' FLOOD DAMAGE CONTROL ADMINISTRATOR - the officer of
the Village of North Palm- Beach responsible for the
delegation of responsibilities for the individual
tasks contained herein.
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FLOOD ELEVATION DETERMINATION -~A determination by the
Federal Emergency Management Agency of the water
surface elevations of the bas@ flood, that ie, the
flood level that has a one percent or greater chance
of occurrence in any given year.
' FLOOD INSURANCE RATE MAP (FIRM) - An official map of a
community, on which the Federal Emergency Management
Agency has delineated both the special flood hazar8
areas and the risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY - The official report provided
by the Federal Emergency Management Agency. The
report contains flood profiles and water surface
elevation of the base flood. It may include the Flood
Boundary - Floodway Map.
FLOOD PLAIN - Land which will be inundated by floods
known to have occurred or reasonably characteristic of
what can be expected to occur from the overflow of
inland or tidal waters and the accumulation of runoff
of surface waters from rainfall.
FLOOD PLAIN MANAGEMENT REGULATIONS; - Any zoning
ordinances, subdivision regulations, building codes,
health regulations, special .purpose ordinances (such
as a flood plain management ordinance, grading
ordinance and erosion control ordinance), ane other
applications of police powers. The term describes
such state or local regulations, in any combination
thereof, which provide standards for the purpose of
flood damage prevention and reduction.
FLOOD-PROOFING - Structural changes or adjustments
incorporated in the design or construction of a
building so as to make the building water-tight with
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walls substantially impermeable to the passage of
water and with structural components having the
capacity of resisting hydrostatic and hydrodynamic
loads and effects of buoyance for the reduction or
elimination of flood damages.
FLOODWAY - See REGULATORY FLOODWAY.
FLOODWAY ENCROACHMENT LINE - The line marking the
limits of floodway maps on Federal, State an8 local
flood plain maps.
FLOOR - The top surface of an enclosed area in a
building (including basement), i.e., top of slab in
concrete slab construction or top of wood flooring in
wood frame construction. The term does not include
the floor of a garage used solely for parking
vehicles.
HIGHEST ADJACENT GRADE - The highest natural elevation
of the ground surface prior to construction next to
the proposed walls of a structure.
MANGROVE STAND - An assemblage of mangrove trees which
are mostly low trees noted for a copious development
of interlacing adventitious roots above the ground and
which contain one or more of the following species:
black mangrove (Avicennia Nitida)i red mangrove
(Rhiziphora Mangel)= white mangrove (Languncularia
Racemosa)J and buttonwood (Conocarpus Erects).
MSL - The average height of the sea for all stages of
the tide. it is used as a reference for establishing
' varying elevations within the flood plain. For
purposes of this Ordinance, the term is synonymous
with National Geodetic Vertical Datum (NGVD).
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NATIONAL GEODETIC VERTICAL DATUM - (NGVD) as corrected
in 1929 is a vertical control used as a reference for
establishing varying elevations within the flood
plain.
NEW CONSTRUCTION - Structures for which the "start of
' construction" commenced on or after the effective date
of this Ordinance.
REGULATORY FLOOD - For purposes of this Ordinance, a
flood event having a one percent chance of occurring
in any given year, although the flood may occur in any
year, i.e., the 100-year flood.
REGULATORY FLOOD ELEVATION - The crest elevation in
relation to mean sea level expected to be reached by
the regulatory flood at any given point in an area of
special flood hazard.
REGULATORY FLOODWAY - The channel of a~river or other
' water course and the adjacent land areas that must be
reserved in order to discharge the velocity waters of
the regulatory flood.
SAND DUNES - Naturally occurring accumulations of sand
in ridges or mounds landward of the beach.
START OF CONSTRUCTION - The first placement of
permanent construction of a structure on a site, such
as the pouring of slabs or footings or any work beyond
the stage of excavation. Permanent construction does
not include land preparation, such as clearing,
grading and filling, nor does it include excavation
for a basement,, footings, piers or foundations or the
erection of temporary format nor does it include the
installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling
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units or not as part of the main structure. For, a structure
without a basement or poured footings, the "start of
construction" includes the first permanent framing or assembly
of the structure or any part thereof on its piling or
foundation.
' STRUCTURE - A walled and roofed building., that is
principally above ground and affixed to a permanent
site. The term includes a building while in the
course of construction, alteration or repair, but does
not include building materials or supplies intended
for use in construction, alteration or repair, unless
such materials or supplies are within an enclosed
building on the premises. The words "building" and
"structure" shall have the same meaning for the
purposes of this Ordinance.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction
or improvement of a structure, the cost of which
' equals or exceeds 50 percent of the market value of
the structure either:
(1) before the improvement or repair is started,
or
(2) if the structure has been damaged and is
being restored, before the damage occurred.
For the purpose of this definition, "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, flood or other
structural part of the building commences, whether or
not that alteration affects the external dimensions of
the structure. The term does not, however, include
' either:
(1) any project for improvement of a structure
to comply with existing State or local
health, sanitary or safety code
specifications which are solely necessary to
assure safe living conditions, or
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(2) any alteration of a ~tructu'Ye listed on the
National Register "of Historic Places or a
State Inventory of Historic Places.
VARIANCE - A grant of relief from the requirements of
this Ordinance which permits construction in a manner
' that would otherwise be prohibited by t-~is Ordinance.
WATER SURFACE ELEVATION - The projected. heights in
relation to Mean Sea Level reached by floods of
various magnitudes and frequencies in the flood plain
of coastal or riverine areas.
Section 6. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all areas of special flood
hazards within the jurisdiction of the Village of North Palm
Beach.
Section 7. BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL__FLOOD_ HAZARD. The areas of special flood hazard
' identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled, "The Flood
Insurance Study for the Village of North Palm Beach," dated
April 4, 1982, with accompanying Flood Insurance Rate Map, are
hereby adopted by reference and declared to be a part of this
Ordinance. The Flood Insurance Study is on file at the Office
of the Village Clerk, North Palm Beach Village Hall, U. S.
Highway 1, North Palm Beach, Florida.
Section 8. PENALTIES FOR NONCOMPLIANCE. No structure
or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of
this Ordinance. Failure to comply with any of its requirements
(including violations of conditions and safeguards established
in connection with grants of variance or special exceptions)
shall constitute a misdemeanor. Any person who violates this
Ordinance or fails to comply with any of its requirements shall
upon conviction thereof be fined not more .than $500.00 or
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imprisoned for not more than sixty (60) days, or both, for each
violation, and in addition shall pay all costs and expenses
involved in the case. Each, day such violation continues shall
be considered a separate offense. Nothing herein contained
shall prevent the Village of North Palm Beach from taking such
other lawful action as is necessary to prevent or remedy any
violation.
Section 9. ABROGATION AND GREATER .RESTRICTIONS. This
Ordinance is not intended to .repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However,
where this ,Ordinance and other ordinance, easement, covenant or
deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
Section 10. INTERPRETATION. In the interpretation
and application of this Ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in :favor of the
governing body; and
(3) Deemed neither to limit nor repeal any other
powers granted under State Statutes.
Section 11. WARNING REGARDING "AREA OF SPECIAL FLOOD
HAZARD" DESIGNATIONS. The degree of flood protection required
by this ordinance is considered reasonable .,for regulatory
purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or
natural causes. This Ordinance does. not imply that land
outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages.
Section 12. DESIGNATION OF THE FLOOD DAMAGE CONTROL
ADMINISTRATOR. The Village Building Official is hereby
appointed the Flood Damage Control Administrator to administer
and implement this Ordinance. (The Village Building Official
may delegate the responsibilities for the individual tasks
contained herein.)
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Section 13. ESTABLISHMENT OF DEVELOPMENT PERMIT. A
Development Permit shall be obtained before construction or
development begins within any area of special flood hazard
established in Section 7. Apjplication for a Development
Permit shall be made on forms furnished by the Flood Damage
' Control Administrator and may include, but not be limited to,
plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question= existing or
proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically,
the following information is required:
(1) Elevation in relation to mean sea level of the
proposed lowest floor (including basement) of all
structures:
(2) Elevation in relation of mean sea level to which
any structure will be floodproofed;
(3) Certification by a registered professional
engineer or architect that the floodproofing methods
for any nonresidential structure meet the
floodproofing criteria in Section 17B; and,
(4) Description of the extent to which any
watercourse will be altered or relocated as a result
of proposed development.
(5) Provide a flood elevation of floodproofing
certification after the lowest floor is completed, or
in instances where the structure is subject to the
regulations applicable to Coastal High Hazard Areas,
after placement of the horizontal structural members
of the lowest floor. within twenty-one calendar days
of establishment of the lowest floor elevation, or
floodproofing by whatever construction means, or .upon
placement of the horizontal structural members of the
lowest floor, whichever is applicable; it shall be the
duty of the permit holder to submit to the Village
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Building Official a certification of the elevation of
the lowest floor, floodproofed elevation, or the
elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is
applicable, as built, in relation to mean sea level.
Said certification shall be prepared by or under the
direct supervision of a registered land surveyor or
professional engineer and certified by same. When
floodproofing is utilized for a particular building,
said certification shall be prepared by or under the
direct supervision of a professional engineer or
architect and certified by same. Any work done within
the twenty-one calendar day period and prior to
submission of the certification shall be at the permit
holder's risk. The Village Building Official shall
review the Flood Elevation Survey data submitted.
Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior
to further progressive work being permitted to
proceed. Failure to submit the survey or failure to
make said corrections required hereby, shall be cause
to issue a stop-work order for the project.
Section 14. DUTIES AND RESPONSIBILITIES OF THE FLOOD
DAMAGE CONTROL ADMINISTRATOR. Duties of the Flood Damage
Control Administrator shall include, but not be limited to:
A. Permit Review.
(1) Review all development permits to determine
that the permit requirements of this
Ordinance have been satisfied.
(2) Review all development permits to determine
that all necessary permits have been
obtained from those Federal, State or local
governmental agencies from which prior
approval is required.
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(3) Review all development permits in the
coastal high hazard area of the area of
special flood.-hazard to determine if the
proposed development alters mangrove stands
or sand dunes so as to increase potential
flood damage.
(4) Review plans for walls to be used to enclose
space below the base flood level in
accordance with Section 19B(4).
B. Use of Other Base Flood Data.
When base flood elevation data has not been provided
in accordance with Section 7, BASIS FOR ESTABLISHING
THF, AREAS OF SPECIAL FLOOD HAZARD, the Flood Damage
Control Administrator shall obtain, review and
reasonably utilize any. base flood elevation data
available from a Federal, State or other source (U. S.
. Army Corps of Engineers, U. S. Geological Survey,
U. S. Soil Conservation Service, State water
Management Districts), in order to administer Sections
17A, SPECIFIC STANDARDS, Residential Construction, and
178, SPECIFIC STANDARDS, ~,, Non-residential
Construction.
C. Information to be Obtained and Maintained.
(1) obtain and record the actual elevation (in
relation to .mean sea level) of the lowest
habitable floor (including basement) of all
new or substantially improved structures,
and whether or not the structure contains a
basement.
(2) For all new and substantially improved
floodproofed structures:
' (i) verify and record the actual elevation
(in relation to mean sea level); and
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(ii) maintain the floodproofing
certifications required in Section
13(3) .
(3) in coastal high hazard areas, certification
shall be obtained from a registered
' professional engineer or architect that the
provisions of Section 19B(1) and 19B(2)(i)
and (ii) are met.
(4) Maintain for public inspection all records
pertaining to the provisions of this
Ordinance.
D. Alteration of Watercourses.
(1) Notify adjacent communities and the Florida
Department of Veteran and Community Affairs
prior to any alteration or relocation of a
watercourse, and submit evidence of such
notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within
the altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
E. Interpretation of FIRM Boundaries.
Make interpretations where needed, as to the exact
location of the boundaries of the areas of special
flood hazards (for example,. where there appears to be
a conflict between a mapped boundary and actual field
conditions).. The person contesting the location of
the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section
15.
Section 15. VARIANCE PROCEDURE.
A. Appeals Board.
(1) The Village Contractors' Board as
established by the Village of North Palm
14
Beach shall hear and• decide appeals and
requests for variance from the requirements
of this Ordinance.
(2) The Village Contractors' Board shall hear
and decide appeals when it is alleged there
is an error in any requirement, decision or
determination made by the Flood Damage
Control Administrator in the enforcement or
administration of this Ordinance.
(3) Those aggrieved by the decision of the
Village Contractors' Board, or any taxpayer,
may appeal such decision to the Circuit
Court.
(4) In passing upon such applications, the
Village Contractors' Board shall consider
all technical evaluations, all relevant
factors, standards specified in other
sections of this Ordinance, and,
(i) the danger that materials may be
swept onto other lands to the injury of
others;
(11) the danger to life and property
due to flooding or erosion damages
(iii) the susceptibility of the
proposed facility and its contents to
flood damage and the effect to such
damage on the individual owner;
(iv) the importance of the services
provided by the proposed facility to
the community;
(v) the necessity to the facility of a
waterfront location, where applicable;
(vi) the computability of the proposed
use with. existing and anticipated
developments
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(vii) the relationship of the proposed
use to the comprehensive plan and flood
plain management program of that area?
(vi) the availability of alternative
locations not subject to flooding or
erosion damage for the proposed use;
(ix) the safet
f
y o
access to the
property in times of flood for ordinary
and emergency vehicles;
(x) the expected heights, velocity,
duration, rate of rise and sediment
transport of the flood waters and the
effects of wave action, if applicable,
expected at the site; and,
(xi) the costs of providing
governmental services during and after
flood conditions, including maintenance
and repair of public utilities and
' facilities such as sewer, gas,
electrical and water systems, and
streets and bridges.
(5) Upon consideration of the factors of Section
15A(4) and the purpose of this Ordinance,
the Village Contractors' Board may attach
such conditions to the granting of variances
as it deems necessary to further the
purposes of this Ordinance.
(6) The Flood Damage Control Administrator shall
maintain the records of all appeal actions,
including technical information, and report
any variances to the Federal Insurance
Administrator upon request.
(7) Variances shall not be issued within any
regulatory floodway if any increase in flood
levels would result during a base flood
discharge.
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public expense ,.create nuisances, cause
fraud on or victimization of the
public, or conflict with the local
government comprehensive plan or with
other existing local laws or
' ordinances.
(5) Any applicant to whom a variance is granted
shall be given written notice specifying the
difference between the base flood elevation
and the elevation to which the structure is
to be built ane stating that the cost of
flood insurance will be commensurate with
the increased risk resulting from the
reduced lowest floor elevation.
Section 16. GENERAL STANDARDS. In all areas of
special flood hazards, the following standards are required:
A. Anchoring.•
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
B. Construction Materials and Methods.
(1) All new construction and substantial
improvements shall be constructed with
materials and .utility equipment resistant to
flood damage..
(2) All new construction and substantial
improvements shall be constructed using
methods and practices that minimize flood
damage.
C. Utilities.
(1) All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
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B. Conditions for Variances.
(1) Variances may be issued for new construction
and substantial improvements to be erected
on a lot one-half acre or less in size
contiguous to and surrounded by lots with
' existing structures constructed below the
base flood level
rovidin
items (i-xi) i
, p
g
n
Section 15A(4) have been fully considered.
As the lot size increases beyond the
one-half acre, the technical justification
required for issuing the variance
increases.
(2) Variances may- be issued for the
reconstruction, rehabilitation or
restoration of structures listed on the
National Register of Historic Places or the
State Inventory of Historic Places, without
regard to the procedures set forth in the
remainder of this Section.
(3) Variances shall only be .issued upon a
determination that the variance is the
minimum necessary, considering. the flood
hazard, to afford relief.
(4) Variances shall only be issuee upon:
(i) a showing of good and sufficient
causer
(ii) a determination that failure to
grant the variance would result in
exceptional hardship to the applicants
and,
(iii) a determination that the granting
of a variance will not result in
increased flood heights, additional
threats to public safety, extraordinary
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(2) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the
systems and discharge from the systems into
flood waters; and,
(3) On-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
D. Subdivision Proposals.
(1) All subdivision proposals shall be
consistent with the needs to minimize flood
damage=
(2) All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and
constructed to minimize flood damage;
(3) All subdivision proposals shall have
adequate drainage provided to reduce
exposure to flood damages and,
(4) Base flood elevation data shall be provided
for subdivision proposals and other proposed
development which contain at least 50 lots
or 5 acres .(whichever is less).
Section 17. SPECIFIC STANDARDS. In all areas of
special flood hazards (Zones A, Al-30, AH) where base flood
elevation data have been provided as set forth in Section 7:
BASIS FOR ESTAALISHING AREAS OF SPECIAL FLOOD HAZARD, or in
Section 14B, USE OF BASE FLOOD DATA,. the following standards
are required:
A. Residential Construction.
' New construction and substantial improvement of any
residential structure shall have the lowest floor,
including basement, elevated to or above base flood
elevation.
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B. Nonresidential Construction. ~~
New construction. and substantial improvement of any
commercial, industrial or other non-residential
structure shall either have the lowest floor,
including basement, elevated to the level of the base
' flood elevation; or, together with attendant utility
and sanitary .facilities, shall:
(1) be floodproofed to a minimum of one foot
above the base flood elevation and the
structure below the flood elevation is
watertight with walls substantially
impermeable to the passage of waters
(2) have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyance; and
(3) be certified by a registered professional
engineer or architect that the standards of
' this subsection are satisfied. Such
certifications shall' be provided to the
official set forth forth in Section 14C(2).
Section 18. REGULATORY FLOODWAYS. When floodways are
designated within areas of special flood hazard, additional
criteria will be met. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and
other developments, unless certification by
a professional registered engineer or
' architect is provided demonstrating that
encroachments shall not result in any
increase in flood levels during occurrence
of the base flood discharge.
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(2) If Section 18(1) is satisfied, all new
construction and substantial improvements
shall comply with all applicable flood
hazard reduction provisions of Sections 16
and 17.
Section 19. COASTAL HIGH HAZARD AREAS. Coastal high
' hazard areas (V Zones) are located within the areas of special
flood hazard established in Section 7. These areas have
special flood hazards associated with high velocity waters from
tidal surges and hurricane wave wash) therefore, the following
provisions shall apply:
A. Location of Structures.
All buildings or structures shall be located landward
of the reach of the mean high tide.
B. Construction Methods.
(1) Elevation.
All buildings or structures shall be elevated so
that the lowest portion of the structural members
' of the lowest floor is located no lower than the
base flood elevation level, with all space below
the lowest floor's supporting member open so as
not to impede the flow of water, except for
breakaway walls as provided for in Section
19B(4).
(2) Structural Support.
(i) All buildings or structures shall be
securely anchored on pilings or columns.
(ii) Pilings or columns used as structural
support shall be designed and anchored so as to
withstand all applied loads of the base flood
flow.
(iii) There shall be no fill used for structural
support.
(3) Certification.
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Compliance with the provisions of Sections 19B(1)
and 19B(2)(i) and (11) shall be certified to by a
registered professional engineer or architect.
(4)' Space Below the Lowest Floor.
(i) Any alteration, repair, reconstruction or
improvement to a structure started after the
' enactment of this Ordinance shall not enclose the
space below the lowest floor :unless breakaway
walls of lattice work or decorative screening are
used as provided for in this Section.
(ii) Open wood construction lattice breakaway
walls or decorative screening shall be allowed
below the base flood elevation provided they are
not a part of the structural ,support of the
building and are designed so es to breakaway,
under abnormally high tides or wave action,
without damage to the structural integrity of the
building on which-they are to be used.
' (iii) If breakaway walls are utilized, such
enclosed space shall not be used for human
habitation.
(iv) Prior to construction, plans for any
structure that will have breakaway walls -must be
submitted to the Flood Damage Control
Administrator.
Section 20. SAND DUNES AND MANGROVE STANDS. There
shall be no alteration of sand dunes or mangrove stands which
would increase potential flood damage.
Section 21. .STANDARDS FOR AREAS OF SHALLOW FLOODING.
Located within the areas of special flood hazard established in
' Section 7, are areas designated as shallow flooding (AO
Zones). These areas have special flood hazards associated with
base flood depths of one to three feet where a clearly defined
channel does not exist and where the path of flooding is
unpredictable and indeterminate) therefore, the following
provisions apply:
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A. All new construction and .substantial improvements
of residential structures shall have the lowest floor,
including basement, elevated to the depth number
' specified in the Flood Insurance Rate Map, in feet,
above the highest adjacent grade. if no depth number
' is specified, the lowest floor, including basements,
shall be elevated at least t
(2
f
t
b
wo
)
ee
a
ove the
highest adjacent grade.
B. All new construction an8 substantial improvements
of non-residential structures shall:
(1) have the lowest floor, including basement,
elevated to the depth number specified on
the Flood Insurance Rate Map, in feet, above
the highest adjacent grade. If no depth
number is specified, the lowest floor,
including basement, shall be elevated at
least two feet above the highest adjacent
grade, or
' (2) together with attendant utility and sanitary
facilities be completely floodproofed a
minimum of one foot, plus the depth number
specified on the FIRM, .in feet, above the
highest adjacent grade, or if no depth
number is specified, floodproofing must be a
minimum of three feet above the highest
adjacent grade, so that any space below that
level is watertight with walls substantially
impermeable to the passage of water and with
structural components having, the capability
of resisting hydrostatic end hydrodynamic
' loads and effects of buoyancy.
C. Adequate drainage paths shall be provided around
structures on slopes, to guide floodwaters around and
away from proposed structures.
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Section 22. STANDARDS FOR SMALL STREAMS. Located
within the areas of special flood hazard estab~.ished in Section
7 where small streams exist, but where no base flood data has
been provided or where no floodways have been provided, the
following provisions apply:
(1) No encroachments, including fill material or
' structures, shall be located within a
distance of the stream bank. equal to five
(5) times the, width of the stream at the top
of bank or twenty feet on each side from top
of bank, whichever is greater, unless
certification by a registered professional
engineer is provided demonstrating that such
encroachments shall not result in any
increase in flood levels during the
.occurrence of the base flood discharge.
(2) New construction or substantial improvements
of structures shall be elevated or
' floodproofed in accordance with elevations
established in accordance with Section 17.
Section 23. SEVERABILITY. It is declared to be the
intent of the Village of North Palm Beach that if any section,
subsection, sentence, clause, phrase or provision of this
ordinance is held invalid or .unconstitutional, such
invalidation or unconstitutionality shall not be construed as
to render invalid or unconstitutional the remaining provisions
of this Ordinance.
Section 24. EFFECTIVE DATE. This Ordinance shall
take effect immediately upon passage.
PLACED ON FIRST READING THIS 27 DAY OF Jl~)UA[ZX , 1983.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10 DAY
OF FEBRUARY , 1983.
(Vi.1l.age Seal)
ATTEST:.
~~~ ~~ ~ ~ ~
Village Clerk ~
0049G/de
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