2017-11 Repeals-Replaces Ch 12.5 Flood Damage PreventionORDINANCE NO. 2017-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING THE VILLAGE OF NORTH
PALM BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 12.5,
"FLOOD DAMAGE PREVENTION," AND SIMULTANEOUSLY ADOPTING
A NEW CHAPTER 12.5; ADOPTING FLOOD HAZARD MAPS; DESIGNATING
A FLOODPLAIN ADMINISTRATOR; ADOPTING PROCEDURES AND
CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS; ADOPTING
LOCAL TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE;
PROVIDING FOR APPLICABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities, 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 North Palm Beach and such areas may be 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 tax base, all of which adversely affect the public health, safety and
general welfare, and
WHEREAS, North Palm Beach was accepted for participation in the National Flood Insurance
Program on August 15, 1978 and the Village Council desires to continue to meet the requirements
of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a
mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a
state building code, called the Florida Building Code; and
WHEREAS, Section 553.73(5), Florida Statutes, allows adoption of local administrative and
local technical amendments to the Florida Building Code that are more stringent and to
implement the National Flood Insurance Program and incentives;
WHEREAS, the Village Council is adopting requirements (1) to increase the minimum elevation
requirement for buildings and structures in flood hazard areas; and (2) establish requirements for
critical facilities in flood hazard areas for the purpose of participating in the National Flood
Insurance Program's Community Rating System and, pursuant to Section 553.73(5), Florida
Statutes, is formatting those requirements to coordinate with the Florida Building Code; and
WHEREAS, the Village Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building Code.
Page 1 of 32
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA that the following floodplain management regulations and local technical
(/ amendments to the Florida Building Code are hereby adopted.
Section 1. The foregoing whereas clauses are hereby ratified as true and correct and
incorporated herein by reference and made a part hereof.
Section 2. The Village Council hereby repeals Chapter 12.5, "Flood Damage Prevention," of
the Village Code of Ordinances in its entirety and simultaneously adopts a new Chapter 12.5, to
read as follows:
Chapter 12.5
FLOOD DAMAGE PREVENTION
ARTICLE I. ADMINISTRATION
See. 12.5-1. General provisions.
(1) Title. These regulations shall be known as the Flood Damage
Prevention Ordinance of Village of North Palm Beach hereinafter referred to as
"this ordinance."
(2) Scope. The provisions of this ordinance shall apply to all development
that is wholly within or partially within any flood hazard area, 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.
(3) Intent. The purposes of this ordinance 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:
a. Minimize unnecessary disruption of commerce, access and public
service during times of flooding;
b. Require the use of appropriate construction practices in order to
prevent or minimize future flood damage;
C. 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;
d. 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;
Page 2 of 32
e. Minimize damage to public and private facilities and utilities;
f. Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
g. Minimize the need for future expenditure of public funds for flood
control projects and response to and recovery from flood events; and
h. 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.
(4) Coordination with the Florida Building Code. This ordinance 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.
(5) Warning. The degree of flood protection required by this ordinance and
the Florida Building Code, as amended by this community, 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 ordinance 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 Flood
Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations,
Sections 59 and 60 may be revised by the Federal Emergency Management Agency,
requiring this community 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 ordinance.
(6) Disclaimer of Liability. This ordinance shall not create liability on the
part of Village Council of North Palm Beach or by any officer or employee
thereof for any flood damage that results from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Sec. 12.5-2. Applicability.
(1) General. Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall be applicable.
(2) Areas to which this ordinance applies. This ordinance shall apply to all
flood hazard areas within North Palm Beach as established in subsection 12.5-2(3).
(3) Basis for establishing flood hazard areas. The Flood Insurance Study for
Palm Beach County, Florida and Incorporated Municipalities dated October 5, 2017,
and all subsequent amendments and revisions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are
adopted by reference as a part of this ordinance 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 Building Department at Building Division, The Shops at
Village Square, 420 U.S. Highway One, Suite 21, North Palm Beach, FL 33408.
Page 3 of 32
(4) Submission of additional data to establish flood hazard areas. To
establish flood hazard areas and base flood elevations, pursuant to subsection 12.5-5
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:
a. Are below the closest applicable base flood elevation, even in
areas not delineated as a special flood hazard area on a FIRM, the
area shall be considered as flood hazard area and subject to the
requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
b. 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.
(5) Other laws. The provisions of this ordinance shall not be deemed to
nullify any provisions of local, state or federal law.
(6) Abrogation and greater restrictions. This ordinance supersedes any
ordinance in effect for management of development in flood hazard areas. However,
it is not intended to repeal or abrogate any existing ordinances including but not
limited to land development regulations, zoning ordinances, stormwater management
regulations, or the Florida Building Code. In the event of a conflict between this
ordinance and any other ordinance, the more restrictive shall govern. This ordinance
shall not impair any deed restriction, covenant or easement, but any land that is
subject to such interests shall also be governed by this ordinance.
(7) Interpretation. In the interpretation and application of this ordinance,
all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
Sec. 12.5-1. Duties and powers of the floodplain administrator.
(1) Designation. The Village Building Official is designated as the
Floodplain Administrator. The Floodplain Administrator may delegate performance
of certain duties to other employees.
(2) General. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of this ordinance. The Floodplain Administrator
shall have the authority to render interpretations of this ordinance consistent with
the intent and purpose of this ordinance 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 ordinance without the granting of a variance pursuant to subsection 12.5-7.
Page 4 of 32
(3) Applications and permits. The Floodplain Administrator, in
coordination with other pertinent offices of the community, shall:
a. Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
b. Review applications for modification of any existing
development in flood hazard areas for compliance with the
requirements of this ordinance;
C. Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries; a person
contesting the determination shall have the opportunity to appeal
the interpretation;
d. Provide available flood elevation and flood hazard information;
e. Determine whether additional flood hazard data shall be obtained
from other sources or shall be developed by an applicant;
f. Review applications to determine whether proposed development
will be reasonably safe from flooding;
g. Issue floodplain development permits or approvals for
development other than buildings and structures that are subject to
the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code, when
compliance with this ordinance is demonstrated, or disapprove the
same in the event of noncompliance; and
h. Coordinate with and provide comments to the Building Official to
assure that applications, plan reviews, and inspections for buildings
and structures in flood hazard areas comply with the applicable
provisions of this ordinance.
(4) Substantial improvement and substantial damage determinations. For
applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Building Official, shall:
a. Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified independent
appraiser, of the building or structure before the start of
construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before
the damage occurred and before any repairs are made;
b. 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;
Page 5 of 32
C. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
d. 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 construction requirements of
the Florida Building Code and this ordinance is required.
(5) 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 subsection 12.5-7.
(6) Notices and orders. The Floodplain Administrator shall coordinate
with appropriate local agencies for the issuance of all necessary notices or orders
to ensure compliance with this ordinance.
(7) Inspections. The Floodplain Administrator shall make the required
inspections as specified in subsection 12.5-6 for development that is not subject to
the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. The Floodplain Administrator shall inspect flood
hazard areas to determine if development is undertaken without issuance of a permit.
(8) Other duties of the Floodplain Administrator. The Floodplain
Administrator shall have other duties, including but not limited to:
a. Establish, in coordination with the Building Official, procedures
for administering and documenting determinations of substantial
improvement and substantial damage made pursuant to subsection
12.5-3(4);
b. Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency
Management, State Floodplain Management Office, and submit
copies of such notifications to the Federal Emergency Management
Agency (FEMA);
C. 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 6 months of
such data becoming available;
d. Review required design certifications and documentation of
elevations specified by this ordinance and the Florida Building Code
to determine that such certifications and documentations are complete;
Page 6 of 32
e. Notify the Federal Emergency Management Agency when the
corporate boundaries of North Palm Beach are modified; and
f. 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."
(9) 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 ordinance and the flood
resistant construction requirements of the Florida Building Code, including Flood
Insurance Rate Maps; Letters of Map 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 ordinance; 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 ordinance and the flood resistant
construction requirements of the Florida Building Code. These records shall be
available for public inspection at Building Division.
Sec. 12.5-4. Permits.
(1) Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope
of this ordinance, 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
ordinance and all other applicable codes and regulations has been satisfied.
(2) Floodplain development permits or approvals. Floodplain development
permits or approvals shall be issued pursuant to this ordinance 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.
Page 7 of 32
(3) 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 ordinance:
a. Railroads and ancillary facilities associated with the railroad.
b. Nonresidential farm buildings on farms, as provided in section
604.50, F.S.
C. Temporary buildings or sheds used exclusively for construction
purposes.
d. Mobile or modular structures used as temporary offices.
e. Those structures or facilities of electric utilities, as defined in
section 366.02, F.S., which are directly involved in the generation,
transmission, or distribution of electricity.
f. Chickees constructed by the Miccosukee Tribe of Indians of Florida
or the Seminole Tribe of Florida. As used in this paragraph, the
term "chickee" means an open -sided wooden but 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.
g. Family mausoleums not exceeding 250 square feet in area which
are prefabricated and assembled on site or preassembled and
delivered on site and have walls, roofs, and a floor constructed of
granite, marble, or reinforced concrete.
h. Temporary housing provided by the Department of Corrections to
any prisoner in the state correctional system.
i. Structures identified in section 553.73(10)(k), F.S., are not exempt
from the Florida Building Code if such structures are located in
flood hazard areas established on Flood Insurance Rate Maps.
(4) 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 community. The information provided shall:
a. Identify and describe the development to be covered by the permit
or approval.
b. 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.
C. Indicate the use and occupancy for which the proposed
development is intended.
d. Be accompanied by a site plan or construction documents as
specified in subsection 12.5-5.
Page 8 of 32
e. State the valuation of the proposed work.
f. Be signed by the applicant or the applicant's authorized agent.
g. Give such other data and information as required by the Floodplain
Administrator.
(5) Validity of permit or approval. The issuance of a floodplain
development permit or approval pursuant to this ordinance shall not be construed
to be a permit for, or approval of, any violation of this ordinance, the Florida
Building Codes, or any other ordinance of this community. 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.
(6) Expiration. A floodplain development permit or approval shall become
invalid 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.
(7) Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revolve 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 ordinance or any other ordinance, regulation or
requirement of this community.
(8) 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:
a. The South Florida Water Management District; section 373.036, F.S.
b. Florida Department of Health for onsite sewage treatment and
disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
C. 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;
section 161.141, F.S.
d. Florida Department of Environmental Protection for activities
subject to the Joint Coastal Permit; section 161.055, F.S.
e. 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.
f. Federal permits and approvals.
Page 9 of 32
Sec. 12.5-5. Site plans and construction documents.
(1) Information for development in flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this
ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
a. 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.
b. 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 subsection 12.5-5(2)b or c.
C. Where the parcel on which the proposed development will take
place will have more than 50 lots or is larger than 5 acres and the
base flood elevations are not included on the FIRM or in the Flood
Insurance Study, such elevations shall be established in accordance
with subsection 12.5-5(2)a.
d. 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 mean high tide.
e. Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
f. 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.
g. Delineation of the Coastal Construction Control Line or notation
that the site is seaward of the coastal construction control line, if
applicable.
h. Extent of any proposed alteration of sand dunes or mangrove
stands, provided such alteration is approved by the Florida
Department of Environmental Protection.
i. 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 ordinance 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 ordinance.
Page 10 of 32
(2) 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:
a. Require the applicant to include base flood elevation data prepared
in accordance with currently accepted engineering practices.
b. Obtain, review, and provide to applicants base flood elevation and
floodway data available fiom 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.
C. 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:
i. Require the applicant to include base flood elevation data
prepared in accordance with currently accepted engineering
practices; or
ii. Specify that the base flood elevation is two (2) feet above
the highest adjacent grade at the location of the
development, provided there is no evidence indicating flood
depths have been or may be greater than two (2) feet.
d. 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.
(3) 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
signed and sealed by a Florida licensed engineer for submission with the site plan
and construction documents:
a. 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 subsection 12.5-5(4) and shall submit the Conditional
Letter of Map Revision, if issued by FEMA, with the site plan and
construction documents.
Page 11 of 32
b. 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, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the
base flood elevation more than one (1) foot at any point 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.
C. 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
subsection 12.5-5(4).
d. 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.
(4) 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.
Sec. 12.5-6. Inspections.
(1) General. Development for which a floodplain development permit or
approval is required shall be subject to inspection.
(2) Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the
requirements of this ordinance and the conditions of issued floodplain
development permits or approvals.
(3) Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities
exempt from the Florida Building Code to determine compliance with the
requirements of this ordinance and the conditions of issued floodplain development
permits or approvals.
Page 12 of 32
(4) 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,
structure or facility exempt from the Florida Building Code, or the owner's
authorized agent, shall submit to the Floodplain Administrator:
a. 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
b. If the elevation used to determine the required elevation of the lowest
floor was determined in accordance with subsection 12.5(5)2.b, the
documentation of height of the lowest floor above highest adjacent
grade, prepared by the owner or the owner's authorized agent.
(5) 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 subsection 12.5-6(4).
(6) 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 ordinance 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.
Sec. 12.5-7. Variances and appeals.
(1) General. The Construction Board of Adjustment and Appeals
established by the Village shall hear and decide on requests for appeals and requests
for variances from the strict application of this ordinance. Pursuant to section
553.73(5), F.S., the Construction Board of Adjustment and Appeals shall hear and
decide on requests for appeals and requests for variances from the strict application
of the flood resistant construction requirements of the Florida Building Code. This
section does not apply to Section 3109 of the Florida Building Code, Building.
(2) Appeals. The Construction Board of Adjustment and Appeals shall
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 ordinance. Any person aggrieved by the decision may
appeal such decision to the Circuit, Court, as provided by Florida Statutes.
(3) Limitations on authority to grant variances. The Construction Board of
Adjustment and Appeals shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in subsection 12.5-7(7), the
conditions of issuance set forth in subsection 12.5-7(8), and the comments and
recommendations of the Floodplain Administrator and the Building Official. The
Construction Board of Adjustment and Appeals has the right to attach such conditions
as it deems necessary to further the purposes and objectives of this ordinance.
Page 13 of 32
(4) 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 subsection 12.5-5(3).
(5) 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 12 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.
(6) 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 ordinance, provided the variance meets
the requirements of subsection 12.5-7(4), is the minimum necessary considering
the flood hazard, and all due consideration has been given to use of methods and
materials that minimize flood damage during occurrence of the base flood.
(7) Considerations for issuance of variances. In reviewing requests for
variances, the Construction Board of Adjustment and Appeals shall consider all
technical evaluations, all relevant factors, all other applicable provisions of the
Florida Building Code, this ordinance, and the following:
a. The danger that materials and debris may be swept onto other
lands resulting in further injury or damage;
b. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and
future owners;
d. The importance of the services provided by the proposed
development to the community;
e. The availability of alternate locations for the proposed
development that are subject to lower risk of flooding or erosion;
f. The compatibility of the proposed development with existing and
anticipated development;
g. The relationship of the proposed development to the comprehensive
plan and floodplain management program for the area;
h. The safety of access to the property in times of flooding for
ordinary and emergency vehicles;
Page 14 of 32
The expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwaters and the effects of wave
action, if applicable, expected at the site; and
j. 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.
(8) Conditions for issuance of variances. Variances shall be issued only upon:
a. 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
ordinance or the required elevation standards;
b. Determination by the Construction Board of Adjustment and
Appeals that:
i. 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;
ii. 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
iii. The variance is the minimum necessary, considering the
flood hazard, to afford relief;
C. 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
d. If the request is for a variance to allow construction of the lowest
floor of a new 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 for $100 of insurance coverage), and
stating that construction below the base flood elevation increases
risks to life and property.
Page 15 of 32
Sec. 12.5-8. Violations.
(1) Violations. Any development that is not within the scope of the
Florida Building Code but that is regulated by this ordinance that is performed
without an issued permit, that is in conflict with an issued permit, or that does not
fully comply with this ordinance, shall be deemed a violation of this ordinance. 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 ordinance or the Florida Building Code is presumed to be a violation until
such time as that documentation is provided.
(2) Authority. For development that is not within the scope of the Florida
Building Code but that is regulated by this ordinance 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.
(3) 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 penalties as prescribed by Chapter 22, section
109.4 of the Code of Ordinances.
(4) Penalties for noncompliance. No structure or land shall hereafter be
constructed, located, extended, converted or altered without full compliance with
the terms of this chapter. 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 chapter or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than five hundred dollars
($500.00) or 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.
Secs. 12.5-9-12.5-20. – Reserved.
ARTICLE 11. DEFINITIONS
Sec. 12.5-21. General.
(1) Scope. Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this ordinance, have the meanings shown in this section.
(2) Terms defined in the Florida Building Code. Where terms are not
defined in this ordinance and are defined in the Florida Building Code, such terms
shall have the meanings ascribed to them in that code.
(3) Terms not defined. Where terms are not defined in this ordinance or the
( Florida Building Code, such terms shall have ordinarily accepted meanings such
\ as the context implies.
Page 16 of 32
(4) Definitions.
Alteration of a watercourse. A dam, impoundment, channel relocation,
change in channel alignment, channelization, or change in cross-sectional area of
the channel or the channel capacity, or any other form of modification which may
alter, impede, retard or change the direction and/or velocity of the riverine flow of
water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance.
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 1 -percent chance of being equaled or
exceeded in any given year. [Also defined in FBC, B, Section 202.] 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 202.]
Basement. The portion of a building having its floor subgrade (below
ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement
(for flood loads)".]
Coastal construction control line. The line established by the State of
Florida pursuant to section 161.053, F.S., and recorded in the official records of
the community, which defines that portion of the beach -dune system subject to
severe fluctuations based on a 100 -year storm surge, storm waves or other
predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from
offshore to the inland 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 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.
Critical facility. A facility for which even a slight chance of flooding
might be too great. Critical facilities include, but are not limited to schools,
nursing homes, hospitals, police, fire and emergency response installations,
installations which produce, use or store hazardous materials or hazardous waste.
The term includes facilities that are assigned Risk Category III and Risk Category
IV pursuant to the Florida Building Code, Building.
Page 17 of 32
Design flood. The flood associated with the greater of the following two
areas: [Also defined in FBC, B, Section 202.]
f
(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 community's legally
designated flood hazard map. In areas designated as Zone AO, the design flood
elevation shall be the elevation of the highest existing grade of the building's
perimeter plus the depth number (in feet) specified on the flood hazard map. In
areas designated as Zone AO where the depth number is not specified on the map,
the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B,
Section 202.]
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 August 15, 1978. Also
defined in FBC, B, Section 202.]
Existing manufactured home park or subdivision. A manufactured home
park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed before August 15, 1978.
Expansion to an existing manufactured home park or subdivision. The
preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including the installation
of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency
that, in addition to carrying out other functions, administers the National Flood
Insurance Program.
Page 18 of 32
Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
Flood damage -resistant materials. Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining
any damage that requires more than cosmetic repair. [Also defined in FBC, B,
Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined
in FBC, B, Section 202.]
(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 community's
flood hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community
on which the Federal Emergency Management Agency has delineated both
special flood hazard areas and the risk premium zones applicable to the
community. [Also defined in FBC, B, Section 202.]
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 202.]
Floodplain Administrator. The office or position designated and charged
with the administration and enforcement of this ordinance (may be referred to as
the Floodplain Manager).
Floodplain development permit or approval. An official document or
certificate issued by the community, 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 ordinance.
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 (1) foot.
[Also defined in FBC, B, Section 202.]
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.
Page 19 of 32
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, Fuel Gas.
Functionally 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 adjacent grade. The highest natural elevation of the ground
surface prior to construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the
exception to the flood hazard area requirements of the Florida Building Code,
Existing Building, Chapter 12 Historic Buildings.
Letter 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:
Letter of Map Amendment (LOMA). An amendment based on technical
data showing that a property was incorrectly included in a designated special
flood hazard area. A LOMA amends the current effective Flood Insurance Rate
Map and establishes that a specific property, portion of a property, or structure is
not located in a special flood hazard area.
Letter of 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 (LOMB -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 community'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.
Page 20 of 32
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, other than a basement, 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 non -elevation requirements of the Florida
Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one or more sections,
which is eight (8) feet or more in width and greater than four hundred (400)
square feet, and which is built on a permanent, integral chassis and is designed for
use with or without a permanent foundation when attached to the required
utilities. The term "manufactured home" does not include a "recreational vehicle"
or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
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
ordinance, 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 ordinance and
the flood resistant construction requirements of the Florida Building Code,
structures for which the "start of construction" commenced on or after August 15, 1978
and includes any subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after August 15, 1978.
Page 21 of 32
Park trailer. A transportable unit which has a body width not exceeding
fourteen (14) feet and which is built on a single chassis and is designed to provide
seasonal or temporary living quarters when connected to utilities necessary for
operation of installed fixtures and appliances. [Defined in section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See
section 320.01, F.S.)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the
largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a
light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
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, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V.
[Also defined in FBC, B Section 202.]
Start of construction. The date of issuance of permits 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. Permanent construction does not
include land preparation (such as clearing, grading, or filling), the installation of
streets or walkways, excavation for a basement, footings, piers, or foundations,
the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings.
For a substantial improvement, the actual "start of construction" means the first
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 202.]
Substantial damage. Damage of any origin sustained by a building or
structure whereby the cost of restoring the building or structure to its before -
damaged condition would equal or exceed 50 percent of the market value of the
building or structure before the damage occurred. [Also defined in FBC, B
Section 202.]
Page 22 of 32
Substantial 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 202.]
(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.
(2) Any 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 ordinance, 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
ordinance or the Florida Building Code.
Watercourse. A river, creels, stream, channel or other topographic feature
in, on, through, or over which water flows at least periodically.
Secs. 12.5-22-12.5-30. – Reserved.
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
Sec. 12.5-31 Buildings and structures.
(1) Design and construction of buildings, structures and facilities exempt
from the Florida Building Code. Pursuant to subsection 12.5-4(3), 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 from the
Florida Building Code that are not walled and roofed buildings shall comply with the
requirements of subsection 12.5-37.
(2) 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:
a. Buildings and structures shall be designed and constructed to
comply with the more restrictive applicable requirements of the
Florida Building Code, Building Section 3109 and Section 1612 or
Florida Building Code, Residential Section R322.
b. Minor structures and non -habitable major structures as defined in
section 161.54, F.S., shall be designed and constructed to comply with
the intent and applicable provisions of this ordinance and ASCE 24.
Page 23 of 32
(3) Critical facilities. New critical facilities shall, to the extent feasible, be
_ located outside of the special flood hazard area and outside of the 0.2% annual
chance flood hazard area (500 -year floodplain). If documentation is provided that
feasible sites outside of the special flood hazard are not available that satisfy the
objectives of a proposed critical facility, then the critical facility shall have the
lowest floor elevated to the base flood elevation plus 3 feet. Floodproofing and
sealing measures shall ensure that toxic substances will not be displaced or
released into floodwater. Access routes that are elevated to or above the base
flood elevation shall be provided to the extent feasible.
Sec. 12.5-32. Subdivisions.
(1) Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
a. Such proposals are consistent with the need to minimize flood
damage and will be reasonably safe from flooding;
b. 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
C. Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to
guide floodwaters around and away from proposed structures.
(2) Subdivision plats. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a flood hazard
area, the following shall be required:
a. Delineation of flood hazard areas, floodway boundaries and flood
zones, and design flood elevations, as appropriate, shall be shown
on preliminary plats;
b. Where the subdivision has more than 50 lots or is larger than 5 acres
and base flood elevations are not included on the FIRM, the base flood
elevations determined in accordance with subsection 12.5-5(2)a; and
C. Compliance with the site improvement and utilities requirements
of subsection 12.5-33.
Sec. 12.5-33. Site improvements, utilities and limitations.
(1) Minimum requirements. All proposed new development shall be
reviewed to determine that:
a. Such proposals are consistent with the need to minimize flood
damage and will be reasonably safe from flooding;
b. 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
C. Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to
guide floodwaters around and away from proposed structures.
Page 24 of 32
(2) Sanitary sewage facilities. 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
Chapter 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
flood waters, and impairment of the facilities and systems.
(3) Water supply facilities. All new and replacement water supply
facilities shall be designed in accordance with the water well construction
standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems.
(4) 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 subsection 12.5-5(3)a
demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation.
(5) Limitations on placement of fill. Subject to the limitations of this
ordinance, 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.
(6) 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 if the engineering analysis required by subsection 12.5-5(3)d
demonstrates that the proposed alteration will not increase the potential for flood
damage. Construction or restoration of dunes under or around elevated buildings
and structures shall comply with subsection 12.5-37(8)c.
Sec. 12.5-34. Manufactured homes.
(1) General. All manufactured homes installed in flood hazard areas shall
be installed by an installer that is licensed pursuant to section 320.8249, F.S., and
shall comply with the requirements of Chapter 15C-1, F.A.C. and the
requirements of this ordinance. If located seaward of the coastal construction
control line, all manufactured homes shall comply with the more restrictive of the
applicable requirements.
1 (2) Foundations. All new manufactured homes and replacement
\_ manufactured homes installed in flood hazard areas shall be installed on
permanent, reinforced foundations that:
Page 25 of 32
a. In flood hazard areas (Zone A) other than coastal high hazard
areas, are designed in accordance with the foundation requirements
of the Florida Building Code, Residential Section R322.2 and this
ordinance. Foundations for manufactured homes subject to
subsection 12.5-34(6) are permitted to be reinforced piers or other
foundation elements of at least equivalent strength.
b. 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 ordinance.
(3) 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.
(4) Elevation. Manufactured homes that are placed, replaced, or substantially
improved shall comply with subsection 12.5-34(5) or (6), as applicable.
(5) General elevation requirement. Unless subject to the requirements of
subsection 12.5-34(6), all manufactured homes that are placed, replaced, or
substantially improved on sites located: (a) outside of a manufactured home park
or subdivision; (b) in a new manufactured home park or subdivision; (c) in an
expansion to an existing manufactured home park or subdivision; or (d) in an
existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, 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).
(6) Elevation requirement for certain existing manufactured home parks
and subdivisions. Manufactured homes that are not subject to subsection
12.5-34(5), including manufactured homes that are placed, replaced, or
substantially improved on sites located in an existing manufactured home park or
subdivision, unless on a site where substantial damage as result of flooding has
occurred, shall be elevated such that either the:
a. Bottom of the frame of the manufactured home 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); or
b. Bottom of the frame is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less
than 36 inches in height above grade.
Page 26 of 32
(7) Enclosures. Enclosed 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.
(8) 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.
Sec. 12.5-35. Recreational vehicles and park trailers.
(1) Temporary placement. Recreational vehicles and park trailers placed
temporarily in flood hazard areas shall:
a. Be on the site for fewer than 180 consecutive days; or
b. Be fully licensed and ready for highway use, which means the
recreational vehicle or park model is on wheels or jacking system,
is attached to the site only by quick -disconnect type utilities and
security devices, and has no permanent attachments such as
additions, rooms, stairs, decks and porches.
(2) Permanent placement. Recreational vehicles and park trailers that do
not meet the limitations in subsection 12.5-35(1) for temporary placement shall
meet the requirements of subsection 12.5-34 for manufactured homes.
Sec. 12.5-36. Tanks.
(1) 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.
(2) Above -ground tanks, not elevated. Above -ground tanks that do not
meet the elevation requirements of subsection 12.5-36(3) shall:
a. 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.
b. Not be permitted in coastal high hazard areas (Zone V).
(3) Above -ground tanks, elevated. Above -ground tanks in flood hazard
areas shall be attached to and elevated to or above the design flood elevation on a
supporting structure that is designed to prevent flotation, collapse or lateral
movement during conditions of the design flood. Tank -supporting structures shall
meet the foundation requirements of the applicable flood hazard area.
Page 27 of 32
(4) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
a. 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
b. Anchored to prevent lateral movement resulting from
hydrodynamic and hydrostatic loads, including the effects of
buoyancy, during conditions of the design flood.
Sec. 12.5-37. Other development.
(1) 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:
a. Be located and constructed to minimize flood damage;
b. Meet the limitations of subsection 12.5-33(4) if located in a
regulated floodway;
C. Be anchored to prevent flotation, collapse or lateral movement
resulting from hydrostatic loads, including the effects of buoyancy,
during conditions of the design flood;
d. Be constructed of flood damage -resistant materials; and
e. Have mechanical, plumbing, and electrical systems above the
design flood elevation or meet the requirements 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.
(2) Fences in regulated floodways. Fences in regulated floodways that
have the potential to block the passage of floodwaters, such as stockade fences
and wire mesh fences, shall meet the limitations of subsection 12.5-33(4).
(3) 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 subsection 12.5-33(4).
(4) 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 subsection 12.5-33(4). Alteration of a watercourse that is part of a road or
watercourse crossing shall meet the requirements of subsection 12.5-5(3)c.
Page 28 of 32
(5) 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:
a. Structurally independent of the foundation system of the building
or structure;
b. Frangible and not reinforced, so as to minimize debris during
flooding that is capable of causing significant damage to any
structure; and
C. Have a maximum slab thickness of not more than four (4) inches.
(6) 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:
a. 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.
b. 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.
C. A deck or patio that has a vertical thickness of more than twelve
(12) inches or that is constructed with more than the minimum
amount of fill necessary for site drainage shall not be approved
unless an analysis 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.
d. A deck or patio that has a vertical thickness of twelve (12) inches
or less and that is at natural grade or on nonstructural fill material
that is similar to and compatible with local soils and is the
minimum amount necessary for site drainage may be approved
without requiring analysis of the impact on diversion of
floodwaters or wave runup and wave reflection.
Page 29 of 32
(7) 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 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:
a. Bulkheads, seawalls, retaining walls, revetments, and similar
erosion control structures;
b. 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
C. On-site sewage treatment and disposal systems defined in 64E-
6.002, F.A.C., as filled systems or mound systems.
(8) Nonstructural fill in coastal high hazard areas (Zone V). In coastal
high hazard areas:
a. Minor grading and the placement of minor quantities of
nonstructural fill shall be permitted for landscaping and for
drainage purposes under and around buildings.
b. 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.
C. 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 and wave reflection if
the scale and location of the dune work is consistent with local
beach -dune morphology and the vertical clearance is maintained
between the top of the sand dune and the lowest horizontal
structural member of the building.
Section 3. The Village Council hereby amends Chapter 6, "Buildings and Building Regulations,"
by adopting the following technical amendments to the Florida Building Code, Residential
(additional language is underlined).
Sec. 6-21. Technical amendments to the Florida Building Code, Residential
Page 30 of 32
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A
Zones shall have the lowest floors elevated to or above the base flood
elevation plus 1 foot or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A
Zones shall have the lowest floors elevated to or above the base flood
elevation plus 1 foot (305 mm), or to the design flood elevation,
whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall
have the lowest floor (including basement) elevated at least as high above
the highest adjacent grade as the depth number specified in feet on the
FIRM plus 1 foot, or at least 3 feet 2 feet (6 10 mm) if a depth number is
not specified.
4. Basement floors that are below grade on all sides shall be elevated to or
above the base flood elevation plus 1 foot or the design flood elevation.,
whichever is higher.
Exception: Enclosed areas below the design flood elevation, including
basements whose floors are not below grade on all sides, shall meet the
requirements of Section R322.2.2.
R322.3.2 Elevation requirements.
1. All buildings and structures erected within coastal high -hazard areas shall
be elevated so that the lowest portion of all structural members supporting
the lowest floor, with the exception of piling, pile caps, columns, grade
beams and bracing, is elevated to or above the base flood elevation plus 1
foot or the design flood elevation, whichever is higher.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be
permitted for landscaping and for drainage purposes under and around
buildings and for support of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation
shall meet the requirements of Sections R322.3.4 and R322.3.5.
Section 4. Fiscal Impact Statement. In terms of design, plan application review,
construction and inspection of buildings and structures, the cost impact as an overall average is
negligible in regard to the local technical amendments because all development has been subject
to the requirements of the local floodplain management ordinance adopted for participation in
the National Flood Insurance Program. In terms of lower potential for flood damage, there will
be continued savings and benefits to consumers.
Page 31 of 32
Section 5. Applicability. For the purposes of jurisdictional applicability, this ordinance shall
apply in the Village of North Palm Beach. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this ordinance.
Section 6. Codification. It is the intent of the Village Council that the provisions of this
ordinance shall become and be made a part of the Village of North Palm Beach's Code of
Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the
word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate
word or phrase in order to accomplish such intentions.
Section 7. Conflicts. All ordinances and resolutions and parts of ordinances and resolutions
directly in conflict with this Ordinance are hereby repealed to the extent of such conflict.
Section 8. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance
is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared.
Section 9. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS l OTH DAY OF AUGUST, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 24' DAY OF AUGUST, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 32 of 32
r
MAYOR