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HomeMy WebLinkAboutOrdinance 2009-332 ORDINANCE NO. 2009- ~3~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 161 OF THE CITY CODE ENTITLED "FLOOD DAMAGE PREVENTION" TO INCORPORATE ADDITIONAL REQUIREMENTS OF PARAGRAPH 60.3 (e) OF THE NFIP REGULATIONS; ADOPTING THE FLOOD INSURANCE RATE MAP (FIRM) AND THE FLOOD INSURANCE STUDY (FIS) REPORT FOR THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR SEVERABILITY, PROVDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, On August 24, 2007, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) provided our community with Preliminary copies of revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Sunny Isles Beach; and WHEREAS, Because of the modifications to the FIRM and FIS report for our community made by this map revision, certain additional requirements must be met under Section 1361 of the 1968 Act, prior to September 11, 2009; and WHEREAS, The City of Sunny Isles Beach is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP) to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3 (e) of the NFIP regulations; and WHEREAS, the City of Sunny Isles Beach, on July 15, 1999, adopted Ordinance No. 99-75, on November 13,2001, adopted Ordinance No.2001-142, on April 24, 2003 adopted Ordinance 2003-169, and on October 23,2003 Adopted Ordinance 2003-182, its Flood Damage Prevention for the life, health, welfare and safety of its citizens; and . WHEREAS, the Federal Emergency Management Agency (lfFEMAIf) has identified the City of Sunny Isles Beach as lying within a special flood hazard area; and WHEREAS, the City wishes to adopt this amendment to the flood damage prevention ordinance, in accordance with FEMA requirements and for the special benefit, health, welfare and safety of its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment. The Code of Ordinances of the City of Sunny Isles Beach is hereby amending Ordinance No. 99-75, Ordinance No. 2001.142, Ordinance 2003-169, and Ordinance 2003-182 "FLOOD DAMAGE PREVENTION" which shall read as follows: Flood Damage Prevention Ord. Le gislation/Ord inancesl Attorney 7/10/09--11:30 AM ARTICLE I. STATUTORY AUTHORIZATION. FINDINGS OF FACT. PURPOSE AND OBJECTIVES. Section A. STATUTORY AUTHORIZATION. The Legislature of the State of Florida has in Florida Statutes (Chapters 166 and 163) delegated and authorized to local governmental units, including the City of Sunny Isles Beach, the responsibility of adopting ordinances which are designed to promote the public health, safe safety. and general welfare of its citizenry. Therefore. the City Commission of the City of Sunny Isles Beach hereby adopts the following floodplain management regulations. Section B. FINDINGS OF FACT. (1) The City of Sunny Isles Beach acknowledges that there exist flood hazard areas within the City of Sunny Isles Beach which are subject to periodic inundation which can 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 of the City of Sunny Isles Beach. (2) Losses due to floods may be caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities. Section C. PURPOSE. It is the purpose of this Ordinance to save lives. promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction throughout their intended life span: (2) Restrict or prohibit uses which are dangerous to life. health, safety and property due to water or erosion hazards, or which result in damaging increases in flood heights, velocities or erosion; (3) Control the alteration of natural flood plains, stream channels and natural protective barriers that are involved in the accommodation of floodwaters; Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/1 0/09--11:05 AM 2 (4) Control filling, grading, dredging and other development which may increase flood damage or erosion; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Section D. OBJECTIVES. The objectives of this Ordinance are: (1) To protect human life, and health;--and to eliminate or minimize property damage: (2) To minimize expenditure of public money for costly flood control projects; 3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, flflfr-streets, and bridges and culverts located in floodplains; (6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) To insure that potential homebuyers are notified that property is in a flood hazard area. ARTICLE II. DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them meaning they have in common usage and to give this Ordinance its most reasonable application. Accessory Structure (Appurtenant Structure) shall mean a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal ffiiti.al. investment and may not be used for human habitation and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns and hay sheds. Flood Damage Prevention Ord. Le gis lationlOrdinancesl A Horney 7/10/09--11:05 AM 3 Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is considered new construction. Appeal shall mean a request for a review of the Floodplain Administrator's Planning and Zoning Bourd ' s interpretation of any provision of this Ordinance or a request for a vanance. Area of Shallow Flooding shall mean a designated AO or VG AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard shall mean the land in the flood plain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." Base Flood shall mean the flood having a one percent (1 %) chance of being equaled or exceeded in any given year. (also called the "lOO-year flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. Base Flood Elevation means the water-surface elevation associated with the base flood. Basement shall mean that portion of a building having its floor sub grade (below ground level) on all sides. Breakaway Wall shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building shall mean any structure built for support, shelter or enclosure for any occupancy or storage. See Structure Coastal High Hazard Area shall mean the an area of special flood hazard 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 waters caused by, but not limited to, hurricane '.'lave wash. The area is designated on the FIRM as Zone V1-V30, VE or V. Datum A reference surface used to ensure that all elevation records are properly related. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929. which is expressed in relation to mean sea level. or the North American Vertical Datum (NA VD) of Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11 :05 AM 4 1988. Development shall mean any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Elevated Building shall mean a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, foundation walls. posts, piers, pilings, columns (posts and piers) or shear walls. Existing Construction shall mean any structure for which the start of construction commenced before September 29. 1972: based upon specific technical base flood elevation data that establishes the area of special flood hazard (i.e., FIRM). This term may also be referred to as "existing structures" Existing Manufactured Home Park or Subdivision shall mean 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 the effective date of this ordinance. Expansion to an Existing Manufactured Home Park or Subdivision shall mean 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). Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflov, of inland or tidal v,aters and/or the unusual and rapid accumulation or runoff of surface waters from any source. (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (I) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e.. mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas. as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along a shore of a lake or other bod y of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water. accompanied by a severe storm or by an unanticipated force of nature. such as a flash flood or an abnormal tidal surge or by some similarly unusual and Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 5 unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition. Flood Boundary and Floodwav Map (FBFM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated the areas of special flood hazard and regulatory floodways. Flood Hazard Boundary Map (FHBM) shall mean an official map of a community, issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard have been defined as only Approximate Zone A. Flood Insurance Rate Map (FIRM) shall mean an official map of a community, issued by FEMA on \vhich the Federal Emergency Management .-\gency has delineated which delineated both the areas of special flood hazard areas and/or risk premium zones applicable to the community. Flood Insurance Study (FIS) shall mean the official hydrology and hydraulics report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Flood'.vay Map and the water surface elevation of base flood. The study contains an examination. evaluation. and determination of flood hazards. and. if appropriate. corresponding water surface elevations. or an examination. evaluation. and determination of mudslide (i.e.. mudflow) and other flood-related erosion hazards. The study may also contain flood profiles. as well as the FIRM. FHBM (where applicable). and other related data and information. Flood Plain shall mean any land area susceptible to being inundated by water from any source (see definition of "flooding"). flooding. Floodplain manaJ!ement means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing. where possible. natural resources in the floodplain. including but not limited to emergency preparedness plans. flood control works. floodplain management regulations. and open space plans. Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations of the community. Floodplain manaJ!ement reJ!ulations means this ordinance and other zoning ordinances. subdivision regulations. building codes. health regulations. special purpose ordinances (such as floodplain ordinance. grading ordinance. and erosion control ordinance). and other applications of police power which control development in flood-prone areas. This term describes Federal. State of Florida. or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11 :05 AM 6 FloodoroofinJ! means any combination of structural and non-structural additions. changes. or adiustments to structures. which reduce or eliminate flood damage to real estate or improved real property. water and sanitary facilities. structures and their contents. Floodway shall mean the channel of a river or other 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 a designated height. Floodwav frinJ!e means that area of the one-percent (base or lOO-year) floodplain on either side of the regulatory floodway. Freeboard means the additional height. usually expressed as a factor of safety in feet. above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors. such as wave action. blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed. which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions. Free of Obstruction means any type of lower area enclosure or other construction element will not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (V -Zones). Functionally Dependent Facility Use shall mean a facility use which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacturing, sales or service facilities. Hardshio as related to variances from this ordinance means the exceptional difficulty associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional. unusual. and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience. aesthetic considerations. physical handicaps. personal preferences. or the disapproval of one's neighbors likewise cannot. as a rule. qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance. even if the alternative is more expensive. or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest Adjacent Grade shall mean the highest natural elevation of the ground surface, prior to construction, next to the proposed foundation walls of a building. Historic Structures shall mean any structure that is: Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 7 a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on the Florida a state inventory of historic places in states 'Nith historic preservation programs which have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) By an approved state Florida program as determined by the Secretary of the Interior; or (ii) Directly by the Secretary of the Interior III states ,tVithout approved programs Lowest ad;acent J!rade means the lowest elevation. after the completion of construction. of the ground. sidewalk. patio. deck support. or basement entryway immediately next to the structure. Lowest Floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design standards provisions of this Code. Mangrove Stand shall mean an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Longunculariaracemosa); and buttonwood (Conocarpus erecta). Manufactured Home shall mean a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 8 includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home oark or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value. which is the property value excluding: the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal. or one based on income approach). Actual Cash Value (replacement cost depreciated for age and quality of construction of building). or adiusted tax-assessed values. Mean Sea Level shall mean the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). of 1929. or North American Vertical Datum (NA VD) of 1988 National Geodetic Vertical Datum (NGVD) shall mean a vertical control used as a reference for establishing varying elevations within the floodplain as corrected in 1929. New Construction shall mean any structure for which the "start of construction" commenced after September 29, 1972, based upon specific technical base flood elevation data which establishes the area of special flood hazard (i.e., FIRM). The term also includes any subsequent improvements to such structure. New Manufactured Home Park or Subdivision shall mean 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 September 29, 1972. North American Vertical Datum (NA VD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain. Primary Frontal Dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 9 Princioallv above J!round means that at least 51 percent of the actual cash value of the structure is above ground. ProJ!ram deticiencv means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safetv and nuisance means anything which is iniurious to safety or health of the entire community or a neighborhood. or any considerable number of persons. or unlawfully obstructs the free passage or use. in the customary manner. of any navigable lake. or river. bay. stream. canal. or basin. Reasonablv safe from tloodinJ! means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Recreation Vehicle shall mean a vehicle that is: a. Built on a single chassis; b. Four Hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. ReJ!ulatory tloodwav means the channel of a river or other watercourse and the adiacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Remedv a deticiencv or violation means to bring the regulation. procedure. structure or other development into compliance with State of Florida. Federal. or local floodplain management regulations: or if this is not possible. to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages. implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations. or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss Structure means flood-related damages sustained by a structure on two separate occasions during a lO-year period ending on the date ofthe event Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 10 for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event. Riverine means relating to. formed by. or resembling a river (including tributaries). stream. brook. etc. Sand Dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Shallow floodinJ! - see area of shallow floodine. Soecial flood hazard area - see area of special flood hazard. Start of Construction (for any other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. 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. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure shall mean a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM II exceed fifty percent (50%) of the market value of the structure before the damage occurred. This term also includes "repetitive loss" structures as defined herein Substantial Improvement shall mean any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a five (5) year period, in which the cumulative costs equals or exceeds fifty percent (50%) of the fair market value of the structure prior to the improvement. The fair market value of the building should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) the assessed value of the building prior to the start of the initial repair or improvement~ or (3) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. For the purposes of this definition, Asubstantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been pre-identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Substantially Improved Existing Manufactured Home Parks or Subdivisions shall mean a repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads which equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this Ordinance that permits construction in a manner otherwise prohibited by this Ordinance. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate. other certifications. or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake. river. creek. stream. wash. channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height. in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NA VD) of 1988. of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 12 ARTICLE III. GENERAL PROVISIONS. Section A. LANDS TO WHICH ORDINANCE APPLIES. This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Sunny Isles Beach. Section B. BASIS FOR AREA OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study and Flood Insurance Rate Map for Miami-Dade County, Florida, dated July 17, 1995, Panel 84 of 625. with accompanying maps and other supporting data and any revision thereto, are adopted by Ordinance. The Flood Insurance Study and Flood Insurance Rate Map are on file at the Building Department 18070 Collins Avenue. Sunny Isles Beach FL 33160 SECTION C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR The Citv Commission of the Citv of Sunnv Isles Beach hereby appoints the BuildinJ! Ofticial to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator Section D. EST ABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required in conformance with the provision of this Ordinance prior to the commencement of any development activities. Section E. COMPLIANCE. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. Section F. ABROGATION AND GREATER RESTRICTIONS. This Ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section G. INTERPRETATION. In the interpretation and application of this Ordinance all provisions shall be (1) considered as minimum requirements, shall be (2) liberally construed in favor of the governing body and shall be (3) deemed neither to limit nor repeal any other powers granted under State Statutes. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 13 Section H. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Sunny Isles Beach or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Section I. PENALTIES FOR VIOLATION. Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. This ordinance shall also be subject to enforcement by the Local Government Code Enforcement Boards Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Nothing herein shall prevent the City of Sunny Isles Beach from taking other lawful actions as is necessary to prevent or remedy any violation. ARTICLE IV. ADMINISTRATION DESIGN.^~TION OF LOC'\L .^~DMINISTR.'\TOR. Section .^~. The Building Official is hereby appointed to administer and implement the provisions of this Ordinance. Section A. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Building Official, on forms furnished by the Building, Planning and Zoning Department, prior to any development activities, and may include, but not be limited to, the following plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities and the location of the foregoing. Specifically, the following information is required: (1) Application Storage Stage Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10109--11:05 AM 14 (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed. (c) Certificate from a registered professional engineer or architect that any non- residential flood-proofed structure will meet the flood-proofing criteria in Article 5, Section B(2) and Section D(2). Article 4. Section A (2) and Article 5. Section B (2): (d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development. ( e) Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification from a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that are in accordance with accepted standards of practice in Coastal High Hazard Areas (2) Construction Stage: (a) Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or instances where the building is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor,. Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Official ~ certification of the elevation of the lowest floor, or flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. (b) The Building Official shall review the referenced floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make said Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10109--11:05 AM 15 corrections required hereby, shall be cause to issue a stop-work order for the project. Section C. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR. Duties of the Building Official shall include, but shall not be limited to: (1) Rcview all development permits to assure that the permit requirements of this Ordinance have been satisfied. (2) Ad','ise permittee that additional Federal or State permits may be required, and if specific Federal or State permit requirements are kno',vn, require that copies of such permits be provided and maintained on file 'Nith the development permit. (3) Notify adjacent communities and thc appropriate State agencies prior to any altcration or relocation of a watercourse and submit evidence of such notification of the Federal Emergency Management ,'\gency. (1) }.ssure that maintenance is provided 'Nithin the altered or relocated portion of said watercourse so that flood carrying capacity is not diminished. (5) Verify and record the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially impro','ed structures, in accordance 'Nith Article 5, Section B(1). (6) Verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved structures have been flood proofed, in accordance with ,^.rticle 1- Section B(2) and Scction D(2). (7) In Coastal High Hazard ,^.reas, certification shall be obtained from a registered professional enginecr or architect that the structure is designed and securely anchored to adequately anchored pilings or columns in order to 'tvithstand velocity waters and hurricanc '.yave ','lash. (8) In Coastal High Hazard ,^.reas, the Building Official shall revie'.v plans for adequacy of breaka'.vay '.valls in accordance with ,^.rticle 5, Section (B)(6)(f). (9) \Vhen flood proofing is utilized for a structure, the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with ,^.rticle 5, (B)(2) and 5(D)(2). (10) 'Nhere interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example. v,here there appears to be a conflict betvieen a mapped boundary and actHal field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 16 (11) "\Then base flood elevation data or floodway data have not been provided in accordance 'llith ,^.rticle 3, Section B, the Building Official shall obtain, review and reasonably utilize any base flood elevation and flood'Nay data available from a Federal, State or other source, in order to administer the provisions of /\rticle 5. (12) ,\ll records pertaining to the provisions of this Ordinance shall be maintained in the office of the City Clerk and shall be open for public inspection. (1) Review permits to assure sites are reasonabl y safe from flooding: (2) Review all development permits to assure that the permit requirements of this ordinance have been satisfied: (3) Require copies of additional Federal. State of Florida. or local permits. especially as they relate to Chapters 161.053: 320.8249: 320.8359; 373.036: 380.05: 381.0065: and 553. Part IV. Florida Statutes. be submitted along with the development permit application and maintain such permits on file with the development permit: (4) Notify adiacent communities. the Florida Department of Community Affairs - Division of Emergency Management - NFIP Coordinating Office. the Federal Emergency Management Agency. and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse: (5) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained: (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A- Zones) or bottom of the lowest horizontal structural member of the lowest floor (V -Zones) of all new and substantially improved buildings. in accordance with Article 5. Section B (1) and (2) and Section E (2). respectively: (7) Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood-proofed. in accordance with Article 5. Section B (2): (8) Review certified plans and specifications for compliance. When flood-proofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building. together with attendant utilities and sanitary facilities. below the required elevation are water tight with walls substantially impermeable to the passage of water. and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with Article 5. Section B (2) of this ordinance. In Coastal High Hazard Areas. certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to pilings or columns in order to withstand velocity waters and hurricane wave Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 17 wash. Additionally in Coastal Hig:h Hazard Areas. if the area below the lowest horizontal structural member of the lowest floor is enclosed. it may be done so with open wood lattice and insect screening or with non-supporting breakaway walls that meet the standards of Article 5. Section E (6) of this ordinance: (9) Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions. the Floodplain Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article; (10) When base flood elevation data and floodway data have not been provided in accordance with Article 3. Section B. the Floodplain Administrator shall obtain. review and reasonably utilize any base flood elevation and floodway data available from a Federal. State of Florida. or any other source. in order to administer the provisions of Article 5: (11) Coordinate all change requests to the FIS. FIRM and FBFM with the requester. State of Florida. and FEMA. and (12) Where Base Flood Elevation is utilized. obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Article 5. Sections B (1) and (2). respectively. ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION Section A. GENERAL STANDARDS. In all areas of special flood hazard the following pro'/isions are required: In all areas of special flood hazard. all development sites including new construction and substantial improvements shall be reasonably safe from flooding. and meet the following provisions: (1) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads. including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11 :05 AM 18 (3) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage. (4) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage. (5) All electrical, heating and air conditioning equipment, ventilation, plumbing and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (9) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this Ordinance shall meet the requirements of "new construction" as contained in this Ordinance. (10) Any alteration, repair, reconstruction, or improvement to a structure that is not compliant with the provisions of this Ordinance shall be undertaken only if the nonconformity is not furthered, extended or replaced. (11) All applicable additional Federal. State of Florida. and local permits shall be obtained and submitted to the Floodplain Administrator along with the application for development permit. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include. but not be limited to. the following: (a) In accordance with Chapter 373.036 Florida Statutes. Section (2) (a) - Flood Protection and Floodplain Management: (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern. and Chapter 553. Part IV F.S.. Florida Building Code: (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems: and Cd) Department of Environmental Protection. Coastal Construction Control Line: III accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (12) Standards for Subdivision Proposals and other new Proposed Development (including manufactured homes): Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 19 (a) Such proposals shall be consistent with the need to minimize flood damage: (b) Such shall have public utilities and facilities such as sewer. gas. electrical. and water systems located and constructed to minimize or eliminate flood damage: and (c) hazards. Such proposals shall have adequate drainage provided to reduce exposure to flood (13) When proposed new construction and substantial improvements are partially located in an area of special flood hazard. the entire structure shall meet the standards for new construction. (14) When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevations. the entire structure shall meet the standards for the most hazardous flood hazard risk zone and the highest base flood elevation. Section B. SPECIFIC STANDARDS. In all areas of special flood hazard where base flood elevation data haye been provided, as set forth in ..^~rticle 3, Section B, or Article 1, Section C (11), the following provisions are required: In all A-Zones where base flood elevation data have been provided (Zones AE. Al-30. A (with base flood elevation). and AH). as set forth in Article 3. Section B. the following provisions. in addition to those set forth in Article 5. Section A. shall apply: (1) Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement elevated no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with the standards of Article 5, Section B (3). (2) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the base flood elevation. Structures located in A-zones, together with attendant utility and sanitary facilities, may be flood- proofed in lieu of elevation provided that all areas of the structure below the base flood elevation are designed to be water tight, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with the FEMA Floodproofing Certificate. Such certification along with the corresponding Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 20 engineering data. and the operational and maintenance plans shall be provided to the Floodplain Administrator. accepted standards of practice for meeting the provisions abo'.e and shall provide such certification to the official as set forth above and in Article 1, Section Gf9t: (3) Elevated Buildings. Enclosures below the Lowest Floor New construction or substantial improvements of existing elevated structures that include any fully enclosed area located below the lowest floor elevation and formed by foundation and other exterior walls shall be designed so as to be a flood resistant or designed to preclude finished living space and to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Openings must provide the required net opening when equipped with the devices. (b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) Standards for Manufactured Homes and Recreational Vehicles. (a) All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, or in new or substantially improved manufactured home parks or subdivisions, must have the lowest floor including basement, elevated no lower than the base flood elevation. (b) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated ffi so that: Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 21 (i) The lowest floor of the manufactured home is elevated no lower than the level of the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength and no less than 36 inches in height above grade. (iii) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (iv) On a site in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home placed or substantially improved on that site must meet the standards of Article 5, Section B(4)(b)(i) and (iii) above. (c) All recreational vehicles placed on sites must either: (i) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures; or (ii) The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of Article 5, Section B(4)(a) and 5(B)(4)(b)(iii) above. (5) Floodways. Located within areas of special flood hazard established in .^.rticle 3, Section B, are areas designated as floodways. .\ floodv,ay may be an extremely hazardous area due to '/elocity floodwaters, debris and erosion potential. In addition, the area must remain free of encroachment in order to discharge the base flood without increased flood heights. Therefore, the follmving pro',isions shall apply: (a) Prohibit encroachments, including earthen fill, ne'tV construction, substantial improvements and other development within the regulatory floodway unless certification '.vith supporting technical data is provided by a registered professional engineer demonstrating that encroachments shall not result in any increase in flood le'/els during occurrence of the base flood discharge. (b) Only if Article 5, Section B (5)(a) is satisfied, then all nev, construction and substantial improvements shall comply with all other applicable flood hazard reduction pro',isions of .^sticle 5. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 22 (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile homes) park or subdivision. /\ replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of l\rticle 5, Section ,'\(2), and the elevation standards of Article 5, Section B(l) and the encroachment standards of Article 5, Section B(5)(a) are satisfied. @ Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted. provided that the applicant first applies for a conditional FIRM and floodway revision. fulfills the requirements for such revisions as established under the mapping provisions of Title 11 of code of Federal Regulations. Section 65.12. and receives the appronl of FEM,^.. (5) Coastal High Hazard Areas (V Zones). Located within the areas 0 special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard areas. These areas have special flood hazards associated with wave wash, therefore, the following provisions shall apply: (a) All buildings shall be located 25 feet landward of the reach of the mean high tide; (b) All buildings shall be elevated so that the bottom of the lowest horizontal structural member (excluding pilings or ef columns) is located no lower than one foot (1') above the base flood elevation, with all space below the lowest supporting member open so as not to impede the flow of water. Open wood- lattice work only may be permitted for aesthetic purposes eflly and must be designed to wash away in the event of abnormal wave action and in accordance with Article 5, Section B(6)(h); (c) All buildings or structures shall be securely anchored on pilings or columns; (d) All pile and column foundations and structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. Water loading values shall equal or exceed the base flood. Wind loading values shall be in accordance with Florida Building Code, current edition. (e) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Article 5, Section B (6)(b), (c) and (d) of this ordinance. (f) There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11 :05 AM 23 deflection. The Building Official shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: (i) Particle composition of fill material does not have a tendency for excessive natural compaction; (ii) V olume and distribution of fill will not cause wave defection to adjacent properties; and (iii) Slope of fill will not cause wave run-up or ramping. (g) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage; (h) Lattice work or decorative screening shall be allowed below the~ lowest floor elevation provided they are not part of the structural support of the building and designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: (i) No solid walls shall be allowed, and; (ii) Material shall consist of lattice or mesh screening only. (i) If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Only open wood-latticework shall be allowed. U) Prior to construction, plans for any buildings that will have lattice work or decorative screening must be submitted to the Building Official for approval. Open wood lattice work is to be allowed only. (k) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in Article 5, Section B(6)(h) and (i). (I) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes (mobile home) park or subdivision, except where otherwise required by law and required by the City's Comprehensive Land Use Master Plan. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 5, Section B(6)(e), and the elevation standards of Article 5, Section B(6)(b) are met. Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11 :05 AM 24 (5) (6) Standards for waterways with established Base Flood Elevations. but without Regulatory Floodways Located within the areas of special flood hazard established in Article 3. Section B. where streams exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and Al-30). the following provisions. in addition to those set forth in Article 5. Section B (1) through (5). shall apply: (a) Until a regulatory floodway is designated. no new construction. substantial improvements. or other development including fill shall be permitted within the areas of special flood hazard. unless it is demonstrated that the cumulative effect of the proposed development. when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than one foot may be allowed. provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision. and receives the approval of the Federal Emergency Management Agency (FEMA). (7) Standards for waterways with established Base Flood Elevations and Floodways. Located within areas of special flood hazard established in Article 3. Section B. are areas designated as floodways. Since the flood way is an extremely hazardous area due to the high velocity of flood waters which carry debris. potential proiectiles and have significant erosion potential. the following provisions. in addition to those set forth in Article 5. Section B (1) through (5). shall apply: (a) Prohibit encroachments. including fill. new construction. substantial improvements and other developments within the regulatory floodway unless certification (with supporting technical data) by a registered professional engineer is provided through hydrologic and hydraulic analyses performed in accordance with standard engineering practice demonstrating that encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. (c) Development activities including new construction and substantial improvements within the regulatory floodway that increase the base flood elevation may be allowed. provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision. and receives the approval of FEMA. (d) When fill is proposed. III accordance with the permit issued by the Florida Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 25 Department of Health. within the regulatory floodway. the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood in accordance with Article 5. Section B (7) (a). (8) For all structures located seaward of the Coastal Construction Control Line (CCCL). the lowest floor of all new construction and substantial improvements shall be elevated to no lower than the lOa-year flood elevation established by the Florida Department of Environmental Protection or by FEMA in accordance with Article 3. Section B. whichever is higher. All non-elevation design requirements of Article 5. Section B shall apply. Section C. STANDARDS FOR A ZONES STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODW A YS. Located within the areas of special flood hazard established in Article 3, Section B, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply: (1) 'A'hen base flood elevation data or ill!d floodway data have not been provided in accordance with ,^..rticle 3, Section B, then the Building Official shall obtain, review and reasonably utilize any base flood elevation and flood'.vay data available from a Federal, State or other source, in order to administer the provisions of ,'\rticlc 5 (a) Obtain the elevation (in relation to the mean sea level) of the 1000vest floor (including the basement) of all neVi and substantially improyed structures, (b) Obtain, if the structure has been flood proofed in accordancc with the rcquircments of this ordinance, the eleyation in relation to the mean sea level to which thc structure has been flood proofed, and (c) Maintain a record of all such information with the official designated in ,^.rticle 3, Section C. (2) Notify, in reverine situations, adjaccnt communities and the state Coordinating Office prior to any alternation or relocation of a watercourse, and submit copies of such notifications to FEMA. (3) ,^..ssure that the flood carring capacity 'Nithin the altered or relocated portion of any v,'atercourse is maintained. ( 1) Manufactured homes shall be installed using mcthods and practices that minimizc flood damage. They must be ele'.'ated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but not limited to, use of o','er the top or framc tics to ground anchors. This requiremcnt is in addition to applicable State and local an.choring requirements for resistin.g '.vind forces. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 26 'Nhen the data is not available from any source as in paragraph (1) of this section, all ne''v subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, 'Nhichever is the lesser, shall be required to include within such proposals base flood elevation data. (1) Require standards of Article 5. Section A. (2) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres. whichever is the lesser. include within such proposals base flood elevation data. Standards set forth in Article 5. Section B shall apply. (3) The Floodplain Administrator shall obtain. review. and reasonably utilize any base flood elevation and floodway data available from a Federal. State of Florida. or any other source. in order to administer the provisions of this ordinance. When such data is utilized. provisions of Article 5. Section B shall apply. The Floodplain Administrator shall: a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures. b) Obtain. if the structure has been floodproofed in accordance with the requirements of Article 5. Section B (2). the elevation in relation to the mean sea level to which the structure has been flood proofed. and c) Maintain a record of all such information. (4) Notify. in riverine situations. adiacent communities. the Florida Department of Community Affairs - NFIP Coordinating Office. and the prior to any alteration or relocation of a watercourse. and submit copies of such notifications to FEMA. (5) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They must be elevated and anchored to prevent flotation. collapse. and lateral movement. Methods of anchoring may include. but are not limited to. use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (7) When the data is not available from any source. in accordance with standard set forth in Article 5, Section C (2) of this Section. the lowest floor of the structure shall be elevated to no lower than above the highest adiacent grade. Standards set forth in Article 5. Section B shall apply. Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 27 STANDARDS FOR STREAMS WITH ESTABLISHED BASE FLOOD ELEV ATION WITHOUT REGULARORY FLOODW A YS. Section D. Located within the areas of special flood hazard established in by this Ordinance, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply: Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zoned Al-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City. Development activities in Zones Al-30, AE, and AH, on the City's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies - with the City's endorsement - for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency. Section E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Located within the areas of Special Flood Hazard established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three (1 '-3') feet, where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map, above the highest adjacent grade. If no flood depth number is specified, the lowest flood, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: (a) Have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet (2') above the highest adjacent grade; or (b) Together with attendant utility and sanitary facilities be completely flood- proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10109--11 :05 AM 28 hydrodynamic loads and effects of buoyancy. Certification is required as state in Article 5, Section B(2). (3) Adequate drainage paths around structures shall be provided on slopes to guide water away from structures. (4) Fully enclosed areas below the lowest floor that are subiect to flooding shall meet the non- elevation design requirements of Article 5. Section B. Section F STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots of five (5) acres, whichever is less. Section G ST ANDARDS FOR COASTAL HIGH HAZARD AREAS (V -ZONES) Located within areas of special flood hazard established in Article 3. Section B are Coastal High Hazard Areas. designated as Zones Vl-30. VE. or V (with BFE). The following provisions shall ~ (1) Meet the standards of Article 4. Section A. and Article 5, Sections A. B (except B (7)). C. andD. (2) All new construction and substantial improvements in Zones V1-V30. VE. and V (with BFE) shall be elevated on pilings or columns so that: a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to no lower than the base flood elevation whether or not the structure contains a basement: and b) The pile or column foundation and structure attached thereto is anchored to resist flotation. collapse. and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local. if more stringent than those of the State of Florida. building standards. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 29 c) For all structures located seaward of the Coastal Construction Control Line (CCCL). the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the lOa-year flood elevation established by the Florida Department of Environmental Protection or the base flood elevation. whichever is the higher. (3) A registered professional engineer or architect shall develop or review the structural design. specifications and plans for the construction. and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls. open wood lattice-work. or insect screening intended to collapse under wind and water loads without causing collapse. displacement. or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section. a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and b) The elevated portion of the building and supporting foundation system shall not be subiect to collapse. displacement. or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local. if more stringent than those of the State of Florida. building standards. (c) Such enclosed space shall be useable solely for parking of vehicles. building access. or storage. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--11:05 AM 30 - through appropriate engineering analyses that the subiect fill does not cause any adverse impacts to the structure on site or other properties. (8) Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage. (9) Standards for Manufactured Homes (a) All manufactured homes to be placed or substantially improved on sites: (i) Outside a manufactured home park or subdivision. (ii) In a new manufactured home park or subdivision. (iii) In an expansion to an existing manufactured home park or subdivision. or. (iv) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood. must meet the standards of Article 5. Section E (2) though (8). or (b) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Article 5. Section B (4) (b). (10) Recreational vehicles placed on sites within Zones VE. V1-V30. V (with base flood elevation) on the FIRM either (a) Be on the site for fewer than 180 consecutive days. (b) Be fully licensed and ready for highway use (on its wheels or iacking system. is attached to the site only by quick disconnect type utilities and security devices. and has no permanently attached additions): or (c) Meet the requirements of Article 5. Section E (2) through (8). (11) For all structures located seaward of the Coastal Construction Control Line (CCCL). the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or the base flood elevation whichever is higher. All non-elevation design requirements Article 5. Section E (2) through (10) shall mmlY:. (12) When fill is proposed. in accordance with the permit issued by the Florida Department of Health. in coastal high hazard area. the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not increase the water surface elevation of the base flood nor cause any adverse impacts to the structure on site or other properties by wave ramping or deflection. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 31 ARTICLE VI. VARIANCE PROCEDURES. Section A. DESIGNATION OF VARIANCE AND APPEALS BOARD. The City Commission shall hear and decide appeals and requests for variances from the requirements of this Ordinance. Section B. DUTIES. The Commission shall hear and decide appeals when it is alleged an error in any requirement, decision or determination is made by the Building Official in enforcement or administration of this Ordinance. Section C. APPEAL. Any person or entity aggrieved by the decision of the City Commission may appeal such decision to the Circuit Court, pursuant to the Florida Rules of Civil Procedure. Section D. VARIANCE PROCEDURES. In passing upon such applications, the Commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and the following: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity of a facility to a waterfront location, III the case of a functionally dependent use; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 32 (8) The relationship of the proposed use to a comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. Section E. CONDITIONS FOR VARIANCES. Upon consideration of the factors listed above, and the purposes of this Ordinance, the City Commission may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this Ordinance. Variances from this Ordinance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Conditions for Variances from this Ordinance: ill Variances shall only be issued when the following applies: (i) A showing of good and sufficient cause; (ii) A determination that failure to grant the variance would result in exceptional hardship; and (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. .ou Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. Section F. V ARIANCE NOTIFICATION. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 33 Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the City Clerk of the City of Sunny Isles Beach and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Building Official will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. Section G. HISTORIC STUCTURES Variances may be issued for the repair or rehabilitation of "historic" structures - meeting the definition in this ordinance - upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. Section H. STRUCTURES IN REGULATORY FLOODWAY. Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood levels during the base flood discharge would result. ARTICLE VII SEVERABILITY AND CODIFICATION Section A. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section B. Codification. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code. Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section C. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. Flood Damage Prevention Ord. LegislationlOrdinancesl Attorney 7/10/09--11:05 AM 34 PASSED AND ADOPTED on first reading the ~day of ..3u. L-l( ,2009. PASSED AND ADOPTED on second reading this t OJ,1,. day of S~M~~ 2009. ATT'EST: 1~~ut~ , .'~ A~ Jane A. Hines, CMC, City Clerk , . .) APPROVED AS TO LEGAL FORM AND SUFFICIENCY: 7 Motion on second reading by: \/, ~~Y' ~r'rt-~e. Vote: 5-0 Second on second reading by: C~~16I'1€e. <d:6orvrttN Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl v (Yes) --v:r (Yes) V (Yes) v... (Yes) V (Yes) (No) (No) (No) (No) (No) Flood Damage Prevention Ord. Legis lationlOrdinancesl Attorney 7/10/09--] I :05 AM 35 C, ....J! ~l wi :::t:' i:l C:Ci i:l W~ :::t:i ....' 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Parker, Building Official/Flood Plain Manager DATE: 7/16/2009 RE: An ordinance amending existing regulations of Chapter 161 of the City of Sunny Isles Beach Code to incorporate any additional requirements of Paragraph 60.3 (e) of the NFIP regulations. RECOMMENDATION: Staff recommends the City Commission adopts this ordinance which amends the existing Flood Damage Prevention regulations as set forth in Chapter 161 of the City of Sunny Isles Beach Code to incorporate any additional requirements of Paragraph 60.3 (e) of the NFIP regulations as mandated by FEMA. REASONS: On August 24, 2007, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) provided our community with Preliminary copies of revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the City of Sunny Isles Beach. Because of the modifications to the FIRM and FIS report for our community made by this map revision, certain additional requirements must be met under Section 1361 of the 1968 Act, prior to September 11,2009. The City of Sunny Isles Beach is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP) to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3 (e) of the NFIP regulations. The modifications are pursuant to Section 206 of the Flood Disaster protection Act of 1973 (Public Law 93-234) in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law90-448) 42 U.S.C. 4001-4128, and 44 CFR Part 65. ATTACHMENTS: . Ordinance Date '1A GJ-=Jo-o9 Agenda Item http://sibagenda.sibfl.net/agendalPreview .aspx?l temID=65&MeetingID: