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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-005-Q....e CD Temp. 215 CITY OF TAMARAC, FLORIDA ORDINANCE NO. ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD HAZARD DISTRICTS WITHIN THE CITY OF TAMARAC; PROVIDING A STATEMENT OF LEGIS- LATIVE INTENT; PROVIDING DEFINITIONS; REQUIR- ING BUILDING PERMITS WITHIN FLOOD HAZARD DISTRICTS; PROVIDING FOR REVIEW OF BUILD- ING PERMITS, SUBDIVISION PROPOSALS AND WATER AND SEWER SYSTEMS TO INSURE PROTEC- TION FROM FLOOD DAMAGE: SETTING STANDARDS FOR DEVELOPMENT WITHIN FLOOD HAZARD DIS- TRICTS; PROVIDING FOR ENFORCEMENT; PRO- VIDING RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES; PROVIDING RULES FOR INTERPRE- TATION; PROVIDING FOR VARIANCES AND ESTAB- LISHING A VARIANCE PROCEDURE; GIVING WARN- ING AND DISCLAIMER OF LIABILITY; PROVIDING FOR SEVERABILITY; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Statement of legislative intent. There are .. areas in the City of Tamarac, Florida, subject to flooding re - salting in danger to life, loss of property, health and safety hazards, disruption of commerce and governmental services, extra- ordinary 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. The City has expressed willingness to take action necessary to meet the objectives of the National Flood Insurance Act of 1968 within Tamarac, Florida, in securing flood insurance coverage under said act, and agreed to establish measures required under the Federal Insurance Program. In , the Federal Insurance Administra- tion declared the City of Tamarac eligible for Federally assisted flood insurance, which insurance will mitigate the effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding. This ordinance is adopted to insure the continued availability of said flood insurance; to comply with Federally imposed requirements; and to protect the public health, safety and general welfare, by minimizing flood losses in the flood -prone areas of Tamarac. µ-= SECTION 2: Definitions. For the purposes of this ordinance, the following definitions shall apply: (a) "General Flood Hazard District," (hereinafter referred to as GFH District), means that portion of the City of Tamarac comprised of those areas designated "A" upon the official Flood Hazard Boundary Map issued and approved by the Federal Insurance Administrator dated June 21, 1974, and numbered No. H-01 through 04 and as the same may, from time to time, be amended by the Federal Insurance Administrator. (b) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of streams, rivers, or other inland water, or (b) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes, or tidal wave. (c) "Floodproofing" means structural and nonstructural additions, changes, or adjustments (other than elevating) to structures and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings, and includes, by way of illustration, not limitation, the following measures: 1. Anchorage to resist flotation and lateral movement. 2. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction to protect against winds, wave action, or flood waters. 3. Reinforcement of walls to resist water pressures. - 2 - 4. Use of paints, membranes, or mortars to reduce seepage of water through walls. 5. Addition of mass or weight to structures to resist flotation. 6. Installation of pumps to lower water levels in structures. 7. Construction of water supply and waste water treatment and disposal systems so as to prevent the entrance or infiltration of flood waters. 8. Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures. 9. Construction to resist rupture or collapse caused by water pressure on floating debris. 10. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. 11. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood. 12. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters. (d) "Regulatory flood," (also herein referred to as 100-year flood) means the level of flooding that, on the average, is likely to be equaled or exceeded once in any 100-year period (i.e., that has a one -percent chance of occurring in any year). For purposes of this ordinance the regulatory shall be that elevation as established by the Broward County Water Resources Department 100-year flood standard. - 3 - (a) Require building permits for all proposed con- struction or other improvements within said districts; and (b) Review building permit applications for repairs within said districts to determine that the pro- posed repair (i) uses construction materials and utility equipment that are resistant to flood damage, and (ii) uses construction methods and practices that will minimize flood damage; and (c) Review building permit applications for new con- struction or substantial improvements within said districts to assure that the proposed construction (including prefabricated and mobile homes) (i) is protected against flood damage, (ii) is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure, (iii) uses construction materials and utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage; and (d) Review subdivision proposals and other proposed new developments to assure that (i) all such pro- posals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or con- structed to minimize or eliminate flood damage, and, (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and (e) Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of flood waters into the systems and plants and discharges from the systems and plants into flood waters, and require onsite waste water disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. SECTION 4. Development within GFH Districts. (a) No new construction or substantial improvement of any residential structure shall be permitted in GFH Districts, and no building permit referred to in Section 3 of this ordinance shall be issued therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the regulatory flood (100-year flood). - 5 - (b) No new construction or substantial improvement of any nonresidential structure shall be permitted in GFH Districts, and no building permit referred to in Section 3 of i-1.11's ordinance shall be issued therefore, unless said new construction or substantial improvement has the lowest floor (including base- ment) elevated to or above the level of the regulatory flood (100- year flood), or if the lowest permitted floor level of such non- residential structure (including basement) is below the regulatory flood level then such nonresidential structure together with attendant utility and sanitary facilities shall be floodproofed up to the level of the regulatory flood; provided that the lowest floor level of such nonresidential structure (including basement) shall be no more than 10 feet below the regulatory flood level. SECTION 5: Accessory Buildings. Nothing herein shall be construed to exclude accessory buildings from the provisions of this ordinance. SECTION 6: Application of Chapter. (a) This chapter shall apply to and be enforced in the incorporated area of the City of Ta-marac. (b) Those maps referred to in Section 2(a) and (b) together with all explanatory matter thereof are hereby adopted by reference and are declared to be part of this ordinance; and shall be kept on file, available to the public, in the offices of the City's Chief Building Of SECTION 7: Enforcement. The Chief Building Official and the Building Department of the City of Tamarac shall administer and enforce this ordinance. SECTION $: Rules for Interpreting District Boundaries. The boundaries of the flood hazard districts shown on the Official Flood Hazard Boundary Maps may be determined by scaling distances. Required interpretations of those maps for precise locations of said boundaries shall be made by the Chief Building Official. - 6 - Said interpretations shall be subject to review in accordance with Ordinance 74-342 as amended, of the City of Tamarac, Florida, as it pertains to appeals of administrative decisions of an administrative official. SECTION 9: This ordinance shall supercede any conflicting ordinance, building code or any other regulation whether a county or municipal ordinance to the extent that this ordinance imposes more stringent requirements for the use or development of any lands or structures within GFH Districts. It is not intended to repeal, modify, or change any ordinance, building code, or other regulation except as herein stated. SECTION 10: Inter retation. The provisions of this ordin- ance shall be liberally construed in favor of the governmental entities affected hereby in order to effectuate the purposes herein stated. SECTION 11: Variances. (a) Authority of the Board of Adjustment. The Board of Adjustment established by Ordinance No. 74-34 of the City of Tamarac, Florida, shall have the authority and duty to consider and act upon applications for a variance from these regulations as hereinafter set forth. Such Board is admonished that in granting any variances hereunder, it must consider the purposes of the National Flood Insurance Program, as specified in Title 24, Code of Federal Regulations, Chapter 10, subchapter B, Parts 1909, et. seq. Further, such Board shall consider the fact that an annual report on variances granted must be submitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the in- habitants of the City of Tamarac, and therefore, variances should be granted with extreme caution. - 7 - (b) The Board may grant variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done: provided that the variance will be in harmony with the general purpose and intent of this ordinance and that the same is the minimum variance that will permit the reasonable use of the premises. (c) Conditions restrictions and limitations. In granting any variance, the Board of Adjustment may prescribe any reasonable conditions, restrictions and limitations that it deems necessary or desirable. SECTION 12: Warning and Disclaimer of Liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific studies. ILarger floods may occur. This ordinance shall not be deemed to imply that areas inside or outside designated flood hazard districts will be entirely free from flooding or flood damages, and shall not create liability on the part of the City of Tamarac or any officer or employee thereof for any flood damages that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 13: Severability. If any section, clause, pro- vision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of said ordinance shall not be affected thereby. SECTION 14: Penalties for Violation. (a) Willful violations of the provisions of this ordinance or failure to comply with any requirements hereunder (including violations of conditions established in connection with any variances) shall constitute a misdemeanor, punishable by fine - 8 - IL of not more than $500 or imprisonment for not more than 60 days or both. Each day such violation continues shall be considered as a separate offense. (b) Notwithstanding the provisions of subsection (a) above, the official responsible for the enforcement of the pro- visions of this ordinance may secure enforcement hereof by any legal action necessary, such as application to any court for injunctive relief, revocation of any building permit issued hereunder or other appropriate means. SECTION 15. It is the intention of the City Council, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 16. The provisions of this Ordinance shall not apply to those buildings for which a building permit has been issued and is in effect or for which proper and complete applica- tions and plans have been submitted for building permits on or before the effective date of this ordinance provided that the construction under the permit shall be commenced and progressively carried to a conclusion within the time limitations for permits established in Section 304.3 of the South Florida Building Code. .. 9 I. Ll D DAY OF 974 PASSED FIRST READING THIS a PASSED SECOND READING THIS 0 DAY OF PASSED THIRD READING THIS -DAY OF I971;. Attest: CLE K I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. RECORD OF COUNCIL VOTE M - D. JOHVON A(4-C 1 Aq.e_ V';i1 (l. '.11( 61FI� _1�t1-C I �� t C/YhV E. LFiNGF (�7►�- 1 , C/W H. MASSAM R C/M M. GLICKSMAN 1 &0 I