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Article 18
Flood Damage Prevention
These regulations shall be known as the Flood Damage Prevention
Ordinance of PBC, Florida.
F.S.
ch. 125, authorizes the legislative and governing body of PBC, Florida, the
power to establish and administer programs of flood control; and the BCC of
PBC, Florida, has the responsibility to adopt regulations designed to promote
the public health, safety, and general welfare of its citizens.
The provisions of this Article shall apply, within the limits of
PBC’s jurisdictional authority, to all Development that is wholly within or
partially within any Special Flood Hazard Area, as defined in Art. 1, General Provisions,
including but not limited to: the subdivision of land; filling, grading, and
other site improvements and utility installations; alteration, remodeling,
enlargement, improvement, replacement, repair, relocation, or demolition of
Buildings, Structures, and facilities that are exempt from the Florida Building
Code, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code; placement, installation, or replacement of Manufactured
Homes and Manufactured Buildings; installation or replacement of tanks;
placement of Recreational Vehicle parking pads; installation of swimming pools;
and, any other Development.
The purposes of this Article and the flood load and flood-resistant
construction requirements of the Florida Building Code are to establish minimum
requirements to safeguard the public health, safety, and general welfare and to
minimize public and private losses due to flooding through regulation of
Development in Special Flood Hazard Areas to:
1. Minimize
unnecessary disruption of commerce, access, and public service during times of
flooding;
2. Require the use
of appropriate construction practices in order to prevent or minimize future
flood damage;
3. Manage filling,
grading, dredging, mining, paving, excavation, drilling operations, storage of
equipment or materials, and other Development which may increase flood damage
or erosion potential;
4. Manage the
alteration of Special Flood Hazard Areas, watercourses, and shorelines to
minimize the adverse impact of Development on the natural and beneficial
functions of the floodplain;
5. Minimize damage
to public and private facilities and utilities;
6. Help maintain a
stable tax base by providing for the sound use and Development of Special Flood
Hazard Areas;
7. Minimize the
need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and,
8. Meet the
requirements of the National Flood Insurance Program for community participation,
as set forth in 44
CFR § 59.22.
This Article is intended to be administered and enforced in conjunction
with the Florida Building Code. Where cited, ASCE 24 refers to the edition of
the standard that is referenced by the Florida Building Code.
The degree of flood protection required by this Article and the
Florida Building Code, as amended by PBC, is considered the minimum reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur. Flood heights may be increased by man-made or
natural causes. This Article does not imply that land outside of mapped Special
Flood Hazard Areas, or that uses permitted within such Special Flood Hazard
Areas, will be free from flooding or flood damage. The Special Flood Hazard
Areas and Base Flood Elevations contained in the Flood Insurance Study and
shown on Flood Insurance Rate Maps and the requirements of 44
CFR 59 and 60,
may be revised by the Federal Emergency Management Agency, requiring PBC to
revise these regulations to remain eligible for participation in the National
Flood Insurance Program. No guarantee of vested use, existing use, or future use
is implied or expressed by compliance with this Article.
This Article shall not create liability on the part of the PBC
BCC or by any officer or employee hereof for any flood damage that results from
reliance on this Article or any administrative decision lawfully made
thereunder.
Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall govern.
This Article shall apply to all Flood Hazard Areas and Special
Flood Hazard Areas in unincorporated PBC, as defined in Art. 1, General Provisions
and established in Art. 18.A.2.C,
Special Flood Hazard Areas below.
The United States Department of Housing and Urban Development,
Flood Insurance Study for PBC, Florida, Unincorporated Areas dated October 5,
2017 and all subsequent amendments and revisions to such studies, and the
accompanying Flood Insurance Rates Maps and all subsequent amendments and
revisions to such maps, shall serve as the minimum basis for establishing Flood
Hazard Areas and Special Flood Hazard Areas, including those areas developed
into lots or Building sites without minimum floor elevations engineered from a
master stormwater drainage network. Studies and maps that establish Flood
Hazard Areas are on file at the PBC Department of Planning, Zoning and Building
located at 2300 North Jog Road, West Palm Beach, Florida 33411.
The Floodplain Administrator may require the submission of
additional data to establish Special Flood Hazard Areas and Base Flood
Elevations, pursuant to Art. 18.A.5, Site
Plans and Construction Documents. Where field-surveyed topography prepared
by a Florida-licensed professional Surveyor or digital topography accepted by
PBC indicates that ground elevations are either:
1. at or 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 Special
Flood Hazard Area and subject to the requirements of this Article and, as
applicable, the requirements of the Florida Building Code; or
2. 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.
The provisions of this Article shall not be deemed to nullify
any provisions of Local, State, or Federal law.
This Article supersedes any Ordinance in effect for management
of Development in Special 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 Article
and any other regulations, the more restrictive shall govern. This Article
shall not impair any deed restriction, covenant, or easement, but any land that
is subject to such interests shall also be governed by this Article.
In the interpretation and application of this Article, 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.
1. The Building
Official is designated as the Floodplain Administrator. The Floodplain
Administrator may delegate performance of certain duties to other employees.
2. The BCC of PBC
hereby designates the 11 members of the Construction Board of Adjustment and
Appeals to act as the Flood Damage Prevention Board. The Flood Damage
Prevention Board shall hear and decide Appeals when it is alleged an error in
any requirement, decision, or determination is made by the Floodplain
Administrator in the enforcement or administration of this Article and shall
decide any Variance request following procedures in Art. 18.A.7, Appeals and
Variances.
The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of this Article. The Floodplain
Administrator shall have the authority to render interpretations of this
Article consistent with the intent and purpose of this Article, and may
establish policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall not have the
effect of waiving requirements specifically provided in this Article without
the granting of a Variance by the Flood Damage Prevention Board, pursuant to Art. 18.A.7, Appeals and
Variances.
The Floodplain Administrator, in coordination with other
pertinent offices of PBC, shall:
1. Review
applications and plans to determine whether proposed new Development will be
located in Special Flood Hazard Areas;
2. Review
applications for modification of any existing Development in Special Flood
Hazard Areas for compliance with the requirements of this Article;
3. Interpret
Special 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;
4. Provide
available flood elevation and flood hazard information;
5. Determine
whether additional flood hazard data shall be obtained from other sources or
shall be developed by an Applicant;
6. Review
applications to determine whether proposed Development will be reasonably safe
from flooding;
7. 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, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, when compliance with this Article is demonstrated, or
disapprove the same in the event of non-compliance; and,
8. Coordinate with
and provide comments to assure that applications, plan reviews, and inspections
for Buildings and Structures in Special Flood Hazard Areas comply with the
applicable provisions of this Article.
For applications for Building Permits to improve Buildings and
Structures, including alterations, relocation, 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, acting as the Building Official, shall:
1. Estimate the
Market Value, or require the Applicant to obtain an appraisal of the Market
Value prepared by a qualified independent appraiser, of the Building or
Structure before the Start of Construction of the proposed work; in the case of
repair, the Market Value of the Building or Structure shall be the Market Value
before the damage occurred and before any repairs are made;
2. Compare the
cost to perform the improvement, the cost to repair a damaged Building to its
pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the Market Value of the Building or Structure;
3. Determine and
document whether the proposed work constitutes Substantial Improvement or
repair of Substantial Damage; the determination requires evaluation of previous
permits issued for improvements and repairs, as specified in the definition of “Substantial
Improvement;” for proposed work to repair damage caused by flooding, the
determination requires evaluation of previous permits issued to repair
flood-related damage, as specified in the definition of “Substantial Damage;”
and,
4. Notify the Applicant
if it is determined that the work constitutes Substantial Improvement or repair
of Substantial Damage and that compliance with the flood-resistant construction
requirements of the Florida Building Code and this Article is required.
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 Art.
18.A.7, Appeals and Variances.
The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure
compliance with this Article.
The Floodplain Administrator or designee shall make the required
inspections, as specified in Art. 18.A.6, Inspections,
for Development that is exempt from the Florida Building Code, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code. The Floodplain Administrator or designee shall inspect
Special Flood Hazard Areas to determine if Development is undertaken without
issuance of a permit.
The Floodplain Administrator shall have other duties, including
but not limited to:
1. Establish
procedures for administering and documenting determinations of Substantial
Improvement and Substantial Damage made pursuant to Art. 18.A.3.D,
Substantial Improvement and Substantial Damage Determinations;
2. 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);
3. Require Applicants
who submit hydrologic and hydraulic engineering analyses in support of 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, Special Flood Hazard Area boundaries, or Floodway designations;
such submissions shall be made within six months of such data becoming
available;
4. Review required
design certifications and documentation of elevations specified by this Article
and the Florida Building Code to determine that such certifications and
documentations are complete;
5. Notify FEMA
when the boundaries of unincorporated PBC are modified; and,
6. Advise Applicants
for New Buildings and Structures, including Substantial Improvements, that are
located in any unit of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act (Public Law 97-348) and the Coastal
Barrier Improvement Act of 1990 (Public Law 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.”
Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are
necessary for the administration of this Article and the flood-resistant
construction requirements of the Florida Building Code, including Flood
Insurance Rate Maps; Letters of 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 Article; notifications to adjacent communities, FEMA,
and the State related to Alterations of Watercourses; assurances that the
flood-carrying capacity of altered watercourses will be maintained;
documentation related to Appeals and Variances, including justification for
issuance or denial; and, records of enforcement actions taken pursuant to this
Article and the flood-resistant construction requirements of the Florida
Building Code. These records are available for public inspection at the PBC
Department of Planning, Zoning and Building at 2300 North Jog Road, West Palm
Beach, Florida 33411.
Any owner or owner’s authorized agent (hereinafter “applicant”)
who intends to undertake any Development activity within the scope of this
Article, including Buildings, Structures, and facilities exempt from the
Florida Building Code, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, which is wholly within or partially within any Special Flood
Hazard Area shall first make application to the Floodplain Administrator and
the Building Official, if applicable, and shall obtain the required permit(s)
and approval(s). No such permit or approval shall be issued until compliance
with the requirements of this Article has been satisfied.
Floodplain Development Permits or Approvals shall be issued
pursuant to this Article for any Development activities exempt from the Florida
Building Code, as listed in Art. 18.A.4.C,
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.
Pursuant to the requirements of Federal regulation for
participation in the National Flood Insurance Program (44
CFR 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 Article:
1. Railroads and
ancillary facilities associated with the railroad.
2. Non-residential
farm Buildings on farms, as provided in F.S.
§ 604.50.
3. Temporary
Buildings or sheds used exclusively for construction purposes.
4. Mobile or
modular Structures used as temporary offices.
5. Those
Structures or facilities of electric utilities, as defined in F.S.
§ 366.02, which are directly involved in the generation, transmission, or
distribution of electricity.
6. Chickees
constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe
of Florida. As used in this paragraph, the term “chickee” means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional
materials, and that does not incorporate any electrical, plumbing, or other
non-wood features.
7. Family
mausoleums, not exceeding 250 square feet in area, which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs,
and a floor constructed of granite, marble, or reinforced concrete.
8. Temporary
housing provided by the Florida Department of Corrections to any prisoner in
the State correctional system.
9. Structures
identified in F.S.
§ 553.73(10)(k), are not exempt from the Florida Building Code if such
Structures are located in Special Flood Hazard Areas established on Flood
Insurance Rate Maps.
To obtain a Floodplain Development Permit or Approval outside of
the Building Permit process, the applicant shall first file an application in
writing on a form furnished by PBC. The information provided shall:
1. Identify and
describe the Development to be covered by the permit or approval.
2. Describe the
land on which the proposed Development is to be conducted by legal description,
street address, or similar description that will readily identify and
definitively locate the site.
3. Indicate the
use and occupancy for which the proposed Development is intended.
4. Be accompanied
by a Site Plan or construction documents, as specified in Art. 18.A.5, Site
Plans and Construction Documents.
5. State the
valuation of the proposed work.
6. Be signed by
the applicant or the applicant's authorized agent.
7. Give such other
data and information as required by the Floodplain Administrator.
The issuance of a Floodplain Development Permit or Approval
pursuant to this Article shall not be construed to be a permit for, or approval
of, any Violation of this Article, the Florida Building Code, or any other Ordinance
of PBC. 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.
The Floodplain Administrator is authorized to suspend or revoke
a Floodplain Development Permit or Approval if the permit was issued in error,
on the basis of incorrect or incomplete information, or in Violation of this
Article or any other Ordinance, regulation, or requirement of PBC.
A Floodplain Development Permit or Approval shall become invalid
unless the work authorized by such permit is commenced within six months after
its issuance or the issuance of a Building Permit, whichever comes last, or if
the work authorized is suspended or abandoned for a period of six months after
the work commences. Extensions for periods of not more than six months each
shall be requested in writing prior to expiration and justifiable cause shall
be demonstrated. In no case shall the permit remain valid when FIRMs are
updated, unless Development is under construction.
Floodplain Development Permits shall include a statement that
all other applicable State or Federal permits shall be obtained before
commencement of the permitted Development, including, but not limited to, the
following: [Ord. 2022-019]
1. The South
Florida Water Management District; F.S.
§ 373.036.
2. Florida
Department of Health for onsite sewage treatment and disposal systems; F.S.
§ 381.0065, and Chapter 62-6,
F.A.C. [Ord. 2022-019]
3. PBC Department
of Environmental Resources Management, as applies.
4. Florida
Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities
seaward of the Coastal Construction Control Line; F.S.
§ 161.141.
5. Florida
Department of Environmental Protection for activities subject to the Joint
Coastal Permit; F.S.
§ 161.055.
6. 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.
7. Federal permits
and approvals.
The Site Plan or construction documents for any Development
subject to the requirements of this Article shall be drawn to scale and shall
include, as applicable to the proposed Development:
1. Delineation of
Special Flood Hazard Areas, Floodway boundaries and flood zone(s), Base Flood
Elevation(s), and ground elevations, if necessary, for review of the proposed
Development.
2. Where 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 Art. 18.A.5.B.2 or Art. 18.A.5.B.3 below.
3. Where the
parcel on which the proposed Development will take place will have more than 50
lots or is larger than five acres, and the Base Flood Elevations are not
included on the FIRM or in the Flood Insurance Study, such elevations shall be
established in accordance with Art. 18.A.5.B.1.
4. Location of the
proposed activity and proposed Structures, and locations of existing Buildings
and Structures; in Coastal High Hazard Areas, New Buildings shall be located
landward of the reach of mean high tide.
5. Location,
extent, amount, and proposed final grades of any filling, grading, or
excavation.
6. Where the
placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill
areas; and, evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
7. Delineation of
the Coastal Construction Control Line or notation that the site is seaward of
the Coastal Construction Control Line, if applicable.
8. Extent of any
proposed alteration of Sand Dunes or mangrove stands, provided such alteration
is approved by the Florida Department of Environmental Protection.
9. Existing and
proposed alignment of any proposed Alteration of a Watercourse.
10. Subdivisions of
more than three lots or greater than ten acres shall provide an electronic
subdivision topographic plan.
The Floodplain Administrator is authorized to waive the
submission of Site Plans, construction documents, and other data that are
required by this Article, but that are not required to be prepared by a
registered design professional, if it is found that the nature of the proposed
Development is such that the review of such submissions is not necessary to
ascertain compliance with this Article.
Where Special Flood Hazard Areas are delineated on the FIRM and
Base Flood Elevation data have not been provided, the Floodplain Administrator
shall:
1. Require
the applicant to include Base Flood Elevation data prepared in accordance with
currently accepted engineering practices.
2. Obtain,
review, and provide to applicants Base Flood Elevation and Floodway data
available from a Federal or State agency or other source, or require the
applicant to obtain and use Base Flood Elevation and Floodway data available
from a Federal or State agency or other source.
3. Where
Base Flood Elevation and Floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known
to be scientifically or technically incorrect or otherwise inadequate:
a. Require the
applicant to include Base Flood Elevation data prepared in accordance with
currently accepted engineering practices; or
b. Specify
that the Base Flood Elevation is two feet above the highest adjacent grade
(finished) at the location of the Development, provided there is no evidence
indicating flood depths have been or may be greater than two feet.
4. 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.
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:
1. For Development
activities proposed to be located in a regulatory Floodway, a Floodway
Encroachment Analysis that demonstrates that the encroachment of the proposed
Development will not cause any increase in Base Flood Elevations; where the
applicant proposes to undertake Development activities that do increase Base
Flood Elevations, the applicant shall submit such analysis to FEMA, as
specified in Art.
18.A.5.D, Submission of Additional Data, and shall submit the Conditional
Letter of Map Revision, if issued by FEMA, with the Site Plan and construction
documents.
2. For Development
activities proposed to be located in a riverine Special 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 foot at
any point within the community. This requirement does not apply in isolated
Special Flood Hazard Areas not connected to a riverine Special Flood Hazard
Area or in Special Flood Hazard Areas identified as Zone AO or Zone AH.
3. For
Alteration of a Watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood-carrying
capacity of the altered or relocated portion of the watercourse will not be
decreased, and certification that the altered watercourse shall be maintained
in a manner which preserves the channel's flood-carrying capacity; the
applicant shall submit the analysis to FEMA as specified in Art. 18.A.5.D, Submission of Additional Data.
4. For
activities that propose to alter Sand Dunes or mangrove stands in Coastal High
Hazard Areas (Zone V), an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
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
Special 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.
Development for which a Floodplain Development Permit or
Approval is required shall be subject to inspection.
The Floodplain Administrator shall inspect all Development to
determine compliance with the requirements of this Article and the conditions
of issued Floodplain Development Permits or Approvals.
The Floodplain Administrator shall inspect Buildings, Structures,
and facilities exempt from the Florida Building Code, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, to determine compliance with the requirements of this
Article and the conditions of issued Floodplain Development Permits or Approvals.
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, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, or the owner’s authorized agent, shall submit to the
Floodplain Administrator:
1. If a Design
Flood Elevation was used to determine the required elevation of the Lowest
Floor, the certification of elevation of the Lowest Floor prepared and sealed
by a Florida-licensed professional Surveyor; or
2. If the
elevation used to determine the required elevation of the Lowest Floor was
determined in accordance with Art. 18.A.5.B.3.b,
the documentation of height of the Lowest Floor above highest adjacent grade,
prepared by the owner or the owner’s authorized agent.
As part of the final inspection for Buildings, Structures, and
facilities exempt from the Florida Building Code, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, the owner or owner’s authorized agent shall submit to the
Floodplain Administrator a final certification of elevation of the Lowest Floor
and/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 Art.
18.A.6.D, Lowest-Floor Inspection for Buildings, Structures, and Facilities
Exempt from the Florida Building Code.
The Floodplain Administrator shall inspect Manufactured Homes that
are installed or replaced in Special Flood Hazard Areas to determine compliance
with the requirements of this Article and the conditions of the issued permit.
Upon placement of a Manufactured Home, certification of the elevation of the
Lowest Floor shall be submitted to the Floodplain Administrator.
The Flood Damage Prevention Board shall hear and decide on all
requests for Appeals or Variances from the strict application of this Article.
1. A request for
Appeal to the decision of the Floodplain Administrator enforcing the provisions
of this Article shall include reference to this this Section, and the
applicant’s technical basis of contesting the decision of the Floodplain
Administrator. The Appeal shall be filed in writing within 30-calendar days
after the decision is rendered by the Floodplain Administrator. Failure to
timely file an Appeal shall be deemed a waiver of the applicant’s ability to
seek relief for said decision. An Appeal may be filed whenever any one of the
following conditions are claimed to exist:
a. The Floodplain
Administrator rejected or refused to approve the applicant’s request;
b. The provisions
of this Article do not apply to the applicant’s specific case;
c. That an equally
good or more desirable method can be employed and fully meet the intent of this
Article, which the Floodplain Administrator has rejected;
d. The true intent
and meaning of this Article or any of the regulations there under have been
misconstrued or incorrectly interpreted.
2. The Flood
Damage Prevention Board shall hear Appeal requests at the next available
meeting within 60 days of date of Appeal. This 60-day period may be extended
upon mutual consent of the Floodplain Administrator and the applicant.
3. At the
conclusion of the hearing, the Flood Damage Prevention Board shall orally
render a decision based on testimony and evidence entered into the record. An
order setting forth findings of fact and conclusion of law shall then be
delivered to the appellant.
4. The applicant
or PBC may Appeal a decision of the Flood Damage Prevention Board to the
Circuit Court of PBC, Florida, by Petition for Writ of Certiorari; any Appeal filed pursuant to this Article shall be
considered timely if filed within 30 days of the execution of the order to be
Appealed.
1. An initial
request for a Variance from the provisions of this Article shall be filed in
writing by the affected party with the Floodplain Administrator.
2. The
Flood Damage Prevention Board shall hear Variance requests at the next
available meeting. In acting upon Variance applications, the Flood Damage
Prevention Board shall consider all technical evaluations, all relevant
factors, and standards specified in other Sections of this Article; and
a. The danger that
materials may be swept onto other lands to the injury of others;
b. The danger to
life and property due to flooding or erosion damage;
c. The
susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
d. The importance
of the services provided by the proposed facility to the community;
e. The necessity
to the facility of a waterfront location;
f. The
availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. The
compatibility of the proposed use with existing and anticipated Development;
h. The
relationship of the proposed use to the comprehensive plan and flood damage
prevention program for that area;
i. The safety of
access to the property in times of flood for ordinary and emergency vehicles;
j. The expected
heights, velocity, duration, rate of rise, and sediment of transport of the
floodwaters and the effects of wave action, if applicable, expected at the
site;
k. The costs of
providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas,
electric, and water systems, and streets and bridges; and,
l. The negative
effect a Variance may have on the county rating under the FEMA Community Rating
System.
3. The applicant
or PBC may Appeal a decision of the Flood Damage Prevention Board to the
Circuit Court of PBC, Florida, by a Petition for Writ of Certiorari; any Appeal filed pursuant to this Article shall be
considered timely if filed within 30 days of the execution of the order to be
Appealed.
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 Art. 18.A.5.C,
Additional Analyses and Certifications.
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 upon this basis
and the Building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
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 Art.
1, General Provisions, provided the Variance 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.
Variances shall be issued only upon:
1. Submission by
the applicant of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this Article or the required elevation
standards.
2. Determination
by the Flood Damage Prevention Board that:
a. Failure to
grant the Variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs
to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of
a Variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, nor create nuisances, cause fraud
on or victimization of the public, or conflict with existing local laws and ordinances;
and,
c. The Variance is
the minimum necessary, considering the flood hazard, to afford relief.
The Flood Damage Prevention Board shall base its decisions on
Variances on technical justifications submitted by applicants, the
considerations for issuance in Art. 18.A.7.C.2, the
conditions of issuance set forth in Art. 18.A.7.G,
Conditions for Issuance of Variances, and the comments and recommendations
of the Floodplain Administrator. The Flood Damage Prevention Board has the
right to attach such conditions as it deems necessary to further the purposes
and objectives of this Article.
Any applicant to whom a Variance is granted shall be given a
written order, bearing the signature of the Chairperson of the Flood Damage
Prevention Board, indicating the difference between the Base Flood Elevation
and the proposed elevation of the Lowest Floor, stating the issuance of a
Variance to construct a Structure or Substantial Improvement below the required
elevation, or otherwise not comply with the requirements of this Article, may
result in substantial increase in the cost of Federal flood insurance (up to
amounts as high as 25 dollars for 100 dollars of insurance coverage) and such
non-compliance construction increases risks to life and property. A copy of the
notice shall be recorded by the Floodplain Administrator in the Office of the
PBC Clerk and shall be recorded in a manner so that it appears in the chain of
title of the affected parcel of land in the Official Records of PBC. The
Floodplain Administrator will maintain a record of all Variance actions,
including justification for their issuance, and report such Variances issued in
its biennial report submitted to FEMA.
Any Development that is not within the scope of the Florida
Building Code, but that is regulated by this Article, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this
Article, shall be deemed a Violation of this Article. A Building or Structure
without the documentation of elevation of the Lowest Floor, other required
design certifications, or other evidence of compliance required by this Article
or the Florida Building Code is presumed to be a Violation until such time as
that documentation is provided.
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 for Development
that is not within the scope of the Florida Building Code, but that is
regulated by this Article, as listed in Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, and that is determined to be a Violation.
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 law.
Violation of this Article or failure to comply with any of its
requirements, including Violation of conditions and safeguards established in
connection with grants of Variances shall be enforceable pursuant to the Code
Enforcement Procedures established in F.S.
ch. 162, pt. I and pt.
II, as amended or replaced, and Art. 10, Enforcement.
Each day such Violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the Floodplain Administrator or PBC from
taking such other lawful actions as are necessary to prevent or remedy any
Violation, including enforcement pursuant to F.S.
§ 125.69, as amended or replaced. Any person who receives a conviction
pursuant to F.S.
§ 125.69, as amended or replaced, for violating or failing to comply with
any of the requirements herein shall, upon conviction hereof, be fined not more
than 500 dollars or imprisoned for not more than 60 days.
Pursuant to Art.
18.A.4.C, Buildings, Structures, and Facilities Exempt from the Florida
Building Code, 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 Art.
18.H, Other Development.
If extending, in whole or in part, seaward of the Coastal
Construction Control Line and also located, in whole or in part, in a Special
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 F.S.
§ 161.54, shall be designed and constructed to comply with the intent and
applicable provisions of this Article and ASCE 24.
In addition to the requirements of this Article and the
Florida Building Code, the following specific methods of construction apply:
The following “higher standards” shall apply to all properties
located within unincorporated PBC, as described in this Section.
1. For New
Construction and Substantial Improvements, including electrical systems,
equipment and components, heating, ventilating, air conditioning, plumbing
appliances and plumbing fixtures, duct systems, and other service equipment, in
Zones AE, AH, and VE, the minimum elevation requirement (for the Lowest Floor
or lowest horizontal member, as applicable) shall be at least one foot above
the Base Flood Elevation. In areas without a master stormwater drainage system,
the minimum elevation requirement shall be the higher of one foot above the
Base Flood Elevation or 18 inches above the Lowest Adjacent Road Crown (LARC). Flood-proofing,
to a minimum of one foot above the Base Flood Elevation, subject to the
limitations of applicable provisions of the Florida Building Code, as may be
amended, may be used in flood zones other than Coastal High Hazard Areas.
2. For New
Construction and Substantial Improvements, including electrical systems,
equipment and components, heating, ventilating, air conditioning, plumbing
appliances and plumbing fixtures, duct systems, and other service equipment, in
approximate Zone A, the minimum elevation requirement (for the Lowest Floor or
lowest horizontal member, as applicable) shall be one foot above the Base Flood
Elevation, as determined pursuant to Art.
18.A.5.B, Information in Special Flood Hazard Areas without Base Flood
Elevations (Approximate Zone A). In areas without a master stormwater
drainage system, the minimum elevation requirement shall be the higher of one
foot above the Base Flood Elevation or 18 inches above the LARC. Flood-proofing
may be used, subject to the limitations of the applicable provisions of the Florida
Building Code, as may be amended.
3. For New
Construction and Substantial Improvements, including electrical systems,
equipment and components, heating, ventilating, air conditioning, plumbing
appliances and plumbing fixtures, duct systems, and other service equipment, in
Zone AO, the minimum elevation requirement shall be at least one foot greater
than the depth specified by FEMA on the Flood Insurance Rate Maps above natural
grade. If a depth is not specified, the minimum elevation requirement shall be
at least two feet above the highest adjacent grade. In areas without a master
stormwater drainage system, the minimum elevation requirement shall be the
higher of one foot above the depth number or 18 inches above the LARC. Flood-proofing
may be used, subject to the limitations of the applicable provisions of the
Florida Building Code, as may be amended.
4. For New
Construction and Substantial Improvements, including electrical systems,
equipment and components, heating, ventilating, air conditioning, plumbing
appliances and plumbing fixtures, duct systems, and other service equipment, in
Zones X, X500, and areas not studied, without a master stormwater drainage
system, the Base Flood Elevation shall be at least 18 inches above the LARC. Flood-proofing
may be used, subject to applicable provisions of the Florida Building Code, as
may be amended.
For the administration of the flood provisions of the Florida
Building Code, Building Volume and Existing Building Volume, the definitions in
Art. 1.H.2, Definitions,
for “Substantial Improvement” and “Substantial Damage” shall apply.
Construction of new critical facilities shall be, to the extent
possible, located outside the limits of SFHAs. Construction of new critical
facilities may be permissible within a SFHA if no feasible alternative site is
available. If permitted, critical facilities shall be elevated or protected to
or above the Base Flood Elevation, plus three feet, or the 500-year (0.2
percent chance) flood elevation, whichever is higher. Flood-proofing may be
used, subject to the applicable provisions of the Florida Building Code, as may
be amended. Access routes elevated to or above the level of the Base Flood
Elevation shall be provided to all critical facilities.
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.
Where any portion of proposed subdivisions, including
Manufactured Home Parks and Subdivisions, lies within a Special Flood Hazard
Area, the following shall be required:
A. Delineation of
Special Flood Hazard Areas, Floodway boundaries and flood zones, and Design
Flood Elevations, as appropriate, shall be shown on a separate exhibit
submitted with a Technical Compliance Application for platting, pursuant to Art. 11, Subdivision,
Platting, and Required Improvements;
B. Where the
subdivision has more than 50 lots or is larger than five acres and Base Flood
Elevations are not included on the FIRM, the Base Flood Elevations determined
in accordance with Art.
18.A.5.B.1; and,
C. Compliance with
the site improvement and utilities requirements of Art. 18.D, Site
Improvements, Utilities, and Limitations.
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.
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
62-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into floodwaters,
and impairment of the facilities and systems. [Ord. 2022-019]
All new and replacement water-supply facilities shall be
designed in accordance with the water well construction standards in Art. 15, Health
Regulations, Rule
62-532.500, F.A.C., and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the systems.
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 Art. 18.A.5.C,
Additional Analyses and Certifications demonstrates that the proposed
Development or land-disturbing activity will not result in any increase in the
Base Flood Elevation.
Subject to the limitations of this Article, fill shall be
designed to be stable under conditions of flooding including rapid rise and
rapid drawdown of floodwaters, prolonged inundation, and protection against
flood-related erosion and scour. In addition to these requirements, if intended
to support Buildings and Structures (Zone A only), fill shall comply with the
requirements of the Florida Building Code.
On all new, permitted construction, regardless of flood zone
designation, grading shall keep all rainfall and runoff flow on the Building
site, until discharged into the roadway drainage system or to public drainage
ways adjacent to the property lines. Berms shall be constructed along lot
lines, if necessary, to prevent stormwater flow directly onto adjacent
properties. Erosion sedimentation off the Building site shall be controlled
until vegetative cover is established. The Floodplain Administrator may require
grading plans showing pre-construction and proposed finish earth grades.
On all New Construction, earth fill brought onto the site of
construction from another site shall be minimized to maximize existing
floodwater storage capacity. Maximum volume of imported fill shall be limited
to that necessary to raise an earth pad to elevate the slab-on-grade not more
than six inches above minimum floor elevation set in this Article, with side
slopes of the pad of one to five, to one to three starting ten feet from the
slab edges.
Structural fill shall not be utilized in Coastal High Hazard
Areas (Zone V).
Site grading immediately adjacent to the perimeter of each
Building constructed as slab-on-grade shall be sloped so as to drain or direct
water away from the Structure.
a. Only on
Building sites requiring raised septic mounds to PBC Health Department minimum
elevations, will additional volume of fill be allowed to construct the mound;
b. Earth fill dug
from an on-site excavation shall be unregulated if in accordance with the
regulations in the ULDC, and provided finish grade directs lot drainage back
into the excavation;
c. Any volume of
fill for placement inside the perimeter foundation walls to raise an interior
concrete slab to any higher elevation shall be allowed;
d. Fill shall be
permitted to raise earthen berms on side property lines to prevent drainage
onto adjacent lots, provided said berms have side slopes of one to five, to one
to three, with a triangular cross section;
e. Fill shall be
allowed inside retaining walls for Building access ramps or driveway ramps
required by the American Disabilities Act (ADA);
f. Fill necessary
to direct on-site drainage to the public roadway or drainage system shall also
be permitted;
g. Minimum fill
for sites that have sloping topography that do not store floodwater shall be
permitted. Any fill in excess of this minimum grading requirement shall be
subject to approval of the Flood Damage Prevention Board as a Variance;
h. Fill necessary
for critical facilities and public service Buildings; and,
i. Areas included
within a South Florida Water Management District permit shall be filled and
graded in accordance with the fill and grading design conditions identified in
said permit even when elevations are more than six inches above the minimum
floor elevation set in Art. 18.D.5.A.2, Earth
Fill.
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 Art.
18.A.5.C.4 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 Art. 18.H.8.C.
All Manufactured Homes installed in Special Flood Hazard
Areas shall be installed by an installer that is licensed pursuant to F.S.
§ 320.8249, and shall comply with the requirements of Chapter
15C-1, F.A.C., and the requirements of this Article. Manufactured Homes
shall not be allowed seaward of the Coastal Construction Control Line.
All new Manufactured Homes and replacement Manufactured
Homes installed in Special Flood Hazard Areas shall be installed on permanent,
reinforced foundations that:
A. In Special
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 Article. Foundations
for Manufactured Homes, subject to Art.
18.E.4.B, Elevation Requirement for Certain Existing Manufactured Home Parks
and Subdivisions, 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 Article.
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.
Manufactured Homes that are placed, replaced, or
substantially improved shall comply with Art. 18.E.4.A,
General Elevation Requirement or Art.
18.E.4.B, Elevation Requirement for Certain Existing Manufactured Home Parks
and Subdivisions, as applicable.
Unless subject to the requirements of Art.
18.E.4.B, Elevation Requirement for Certain Existing Manufactured Home Parks
and Subdivisions, all Manufactured Homes that are placed, replaced, or
substantially improved on sites located: (1) outside of a Manufactured Home
Park or Subdivision; (2) in a new Manufactured Home Park or Subdivision; (3) in
an expansion to an Existing Manufactured Home Park or Subdivision; or, (4) 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 Special Flood Hazard Area, in the Florida
Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V).
Manufactured Homes that are not subject to Art. 18.E.4.A,
General Elevation Requirement, 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:
1. Bottom of the
frame of the Manufactured Home is at or above the elevation required, as
applicable to the Special Flood Hazard Area, in the Florida
Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V); or
2. 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.
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 Special Flood Hazard Area.
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 Special Flood
Hazard Area.
Recreational Vehicles and Park Trailers placed temporarily
in Special 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 Trailer 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.
Recreational Vehicles and Park Trailers that do not meet the
limitations in Art.
18.F.1, Temporary Placement above for temporary placement shall meet the
requirements of Art.
18.E, Manufactured Homes for Manufactured Homes.
Underground tanks in Special 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.
Above-ground tanks that do not meet the elevation
requirements of Art.
18.G.3, Elevated, Above-Ground Tanks below shall:
A. Be permitted in
Special 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).
In Special Flood Hazard Areas, above-ground tanks shall be
attached to, and elevated to (or above) the Design Flood Elevation of, a
supporting Structure designed to prevent flotation, collapse, or lateral
movement during Design Flood conditions. Tank-supporting Structures shall meet
the foundation requirements of the applicable Special Flood Hazard Area.
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.
All Development subject to this Article, including man-made
changes to improved or unimproved real estate for which specific provisions are
not specified in this Article or the Florida Building Code, shall:
A. Be located and
constructed to minimize flood damage;
B. Meet the
limitations of Art.
18.D.4, Limitations on Sites in Regulatory Floodways 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
(i.e., 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 the Building Code for wet locations.
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 Art. 18.D.4,
Limitations on Sites in Regulatory Floodways.
Retaining walls, sidewalks, and driveways that involve the
placement of fill in regulated Floodways shall meet the limitations of Art. 18.D.4,
Limitations on Sites in Regulatory 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 Art. 18.D.4,
Limitations on Sites in Regulatory Floodways. Alteration of a Watercourse
that is part of a road or watercourse crossing shall meet the requirements of Art. 18.A.5.C.3.
In Coastal High Hazard Areas, concrete slabs used as parking
pads, enclosure floors, landings, decks, walkways, patios, and similar non-structural
uses are permitted beneath or adjacent to Buildings and Structures or beneath Design
Flood requirements, 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 inches.
In addition to the requirements of the Florida Building
Code, decks and patios in Coastal High Hazard Areas 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 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 12 inches or less and that is at natural grade
or on non-structural 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.
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: [Ord.
2022-019]
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. Onsite sewage
treatment and disposal systems defined in Rule
62-6.002, F.A.C., as filled systems or mound systems. [Ord. 2022-019]
In Coastal High Hazard Areas:
A. Minor grading
and the placement of minor quantities of non-structural fill shall be permitted
for landscaping and for drainage purposes under and around Buildings.
B. Non-structural
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.
Amendment
History:
[Ord. 2017-026; October
5, 2017] [Ord. 2022-019; July 29, 2022]