HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-013Temp. Ord. #2286
June 6, 2013
Page 1
CITY OF TAMARAC, FLORIDA
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ORDINANCE NO. ��
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING THE CITY OF TAMARAC CODE OF
ORDINANCES BY REPEALING CHAPTER 8, SECTIONS 8-1 THRU
SECTION 8-13, ENTITLED "FLOOD PREVENTION AND
PROTECTION," IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER
8, SECTIONS 1 TO 71 ADOPTING FLOOD HAZARD MAPS,
DESIGNATING A FLOODPLAIN ADMINISTRATOR, ADOPTING
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD
HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 , Florida
Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special
flood hazard areas within the boundaries of the City of Tamarac and such areas may be
subject to periodic inundation which may result in loss of life and, property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures. for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Tamarac was accepted for participation in the National
Flood Insurance Program on February 15, 1978 and the City Commission desires to
continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
and 60, necessary for such participation; and
WHEREAS, Chapter 553, * Florida Statutes, was adopted by
Legislature to
interpretation
Code; and
the Florida
amendment,
and enforcement of a state building code, called the Florida Building
provide a mechanism for the uniform adoption, updating,
WHEREAS, the City Commission has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are coordinated
with the Florida Building Code.
Temp. Ord. #2286
June 6, 2013
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC THAT THE FOLLOWING FLOODPLAIN MANAGEMENT
REGULATIONS ARE HEREBY ADOPTED:
SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by
reference and made a specific part hereof.
SECTION 2. The City Commission hereby repeals Chapter 8 of the City Code of
Ordinances, Sections 8-1 — 8-13, entitled "Flood Prevention and Protection," in its
entirety and adopts the provisions set forth below in its place as follows:
CHAPTER 8 — Flood Prevention and Protection
Article 1 ADMINISTRATION
DIVISION 1 GENERAL
8-1
Title.
These regulations shall
be known
as the Floodplain Management Ordinance
of
the
City
of
Tamarac,
hereinafter
referred
to
as "this
ordinance."
8-2 Scope. The provisions of this ordinance shall apply to all development that is wholly
within or partially within any flood hazard area, including but not limited to the subdivision of
land; filling, grading, and other site improvements and utility installations; construction,
alteration, remodeling, enlargement, improvement, replacement, repair, relocation or
demolition of buildings, structures, and facilities that are exempt from the Florida Building
Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles;
installation of swimming pools; and any other development.
8-3 Intent. The purposes of this ordinance and the flood load and flood resistant
construction requirements of the Florida Building Code are to establish minimum
requirements to safeguard the public health, safety, and general welfare and to
minimize public and private losses due to flooding through regulation of development in
flood hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
2. Require the use of appropriate construction practices in order to prevent
or minimize future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which may
increase flood damage or erosion potential;
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June 6, 2013
Page 3
4. Manage the alteration of flood hazard areas, watercourses, and shorelines
to minimize the impact of development on the natural and beneficial functions of
the floodplain;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
7. Minimize the need for future expenditure of public funds for flood control
projects and response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for
community participation as set forth in the Title 44 Code of Federal Regulations,
Section 59.22.
8-4 Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited,
ASCE 24 refers to the edition of the standard that is referenced by the Florida Building
Code.
8-5 Warning. The degree of flood protection required by this ordinance and the Florida
Building Code, as amended by this community, is considered the minimum reasonable
for regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside of mapped special flood hazard
areas, or that uses permitted within such flood hazard areas, will be free from flooding or
flood damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title
44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal
Emergency Management Agency, requiring this community to revise these regulations to
remain eligible for participation in the National Flood Insurance Program. No guaranty
of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
8-6 Disclaimer of Liability. This ordinance shall not create liability on the part of the
city commission of the City of Tamarac nor any officer or employee thereof for any flood
damage that results from reliance on this ordinance or any administrative decision
lawfully made thereunder.
DIVISION 2 APPLICABILITY
8-7 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
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June 6, 2013
Page 4
8-8 Areas to
which this ordinance applies. This ordinance shall
apply
to all flood
hazard
areas
within
the City
of
Tamarac, as established
in Section
8-9
of
this
ordinance.
8-9 Basis for establishing flood hazard areas. The Flood Insurance Study for
Broward County, Florida and Incorporated Areas, dated October 2, 1997, and all
subsequent amendments and revisions, and the accompanying Flood Insurance Rate
Maps (FIRM), and all subsequent amendments and revisions to such maps, are
adopted by reference as a part of this ordinance and shall serve as the minimum basis
for establishing flood hazard areas. Studies and maps that establish flood hazard areas
are on file at the office of the Chief Building Official/Building Department, located at
6011 Nob Hill Road, First Floor, Tamarac, Florida, 33321.
8-9.1 Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Section 8-29 through 8-32 of
this article the Floodplain Administrator may require submission of additional data.
Where field surveyed topography prepared by a Florida licensed professional surveyor
or digital topography accepted by the community indicates that ground elevations:
a) Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be
considered as flood hazard area and subject to the requirements of this
ordinance and, as applicable, the requirements of the Florida Building Code.
b) Are above the closest applicable base flood elevation, the area shall be
regulated as special flood hazard area unless the applicant obtains a Letter of
Map Change that removes the area from the special flood hazard area.
8-10 Other laws.
The
provisions
of this ordinance shall not be deemed to nullify any
provisions of
local,
state
or
federal
law.
8-11 Abrogation and greater restrictions. This ordinance supersedes any ordinance
in effect for management of development in flood hazard areas. However, it is not
intended to repeal or abrogate any existing ordinances including but not limited to land
development regulations, zoning ordinances, storrnwater management regulations, or
the Florida Building Code. In the event of a conflict between this ordinance and any
other ordinance, the more restrictive shall govern. This ordinance shall not impair any
deed restriction, covenant or easement, but any land that is subject to such interests
shall also be governed by this ordinance.
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June 6, 2013
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8-12 Interpretation. In the interpretation and application of this ordinance, all
provisions shall be:
a) Considered as minimum requirements;
b) Liberally construed in favor of the governing body; and
c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
DIVISION 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8-13 Designation. The Chief Building Official is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain duties
to other employees.
8-14 General. The Floodplain Administrator is authorized and directed to administer
and enforce the provisions of this ordinance. The Floodplain Administrator shall have
the authority to render interpretations of this ordinance consistent with the intent and
purpose of this ordinance and may establish policies and procedures in order to clarify
the application of its provisions. Such interpretations, policies, and procedures shall not
have the effect of waiving requirements specifically provided in this ordinance without
the granting of a variance pursuant to Section 8-34 through 8-40 of this ordinance.
8-15
Applications and
permits. The
Floodplain Administrator, in coordination with
other
pertinent
offices
of
the
community,
shall:
a) Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
b) Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this ordinance;
c) Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries; a person contesting the
determination shall have the opportunity to appeal the interpretation;
d) Provide available flood elevation and flood hazard information;
e) Determine whether additional flood hazard data shall be obtained from
other sources or shall be developed by an applicant;
f) Review applications to determine whether proposed development will be
reasonably safe from flooding;
g) Issue floodplain development permits or approvals for development other
than buildings and structures that are subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida Building
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June 6, 2013
Page 6
Code, when compliance with this ordinance is demonstrated, or disapprove the
same in the event of noncompliance; and
h) Coordinate with and provide comments to the Chief Building Official to
assure that applications, plan reviews, and inspections for buildings and
structures in flood hazard areas comply with the applicable provisions of this
ordinance.
8-16 Substantial improvement and substantial damage determinations. For
applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Chief Building Official, shall:
a) Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the building
or structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
b) Compare the cost
damaged building to its
improvements and repairs,
structure;
to perform the improvement, the cost to repair a
pre -damaged condition, or the combined costs of
if applicable, to the market value of the building or
c) Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
d) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this
ordinance is required.
8-17 Reserved
8-18 Notices and orders. The Floodplain Administrator shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to ensure
compliance with this ordinance.
8-19 Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 8-33 through 8.33.3 of this Ordinance for development that is not
subject to the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard
areas to determine if development is undertaken without issuance of a permit.
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June 6, 2013
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8-20
Other duties of
the Floodplain
Administrator. The Floodplain Administrator
shall
have other
duties,
including
but
not
limited
to:
a) Establish, in coordination with the Chief Building Official, procedures for
administering and documenting determinations of substantial improvement and
substantial damage made pursuant to Section 8-16 of this ordinance;
b) Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
c) Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to, FEMA the data and
information necessary to maintain the Flood Insurance Rate Maps if the analyses
propose to change base flood elevations, flood hazard area boundaries, or
floodway designations; such submissions shall be made within 6 months of such
data becoming available;
d) Review required design certifications and documentation of elevations
specified by this ordinance and the Florida Building Code and this ordinance to
determine that such certifications and documentations are complete; and
e) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Tamarac are modified.
8-21 Floodplain management records. Regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are
necessary for the administration of this ordinance and the flood resistant construction
requirements of the Florida Building Code, including Flood Insurance Rate Maps;
Letters of Change; records of issuance of permits and denial of permits; determinations
of whether proposed work constitutes substantial improvement or repair of substantial
damage; required design certifications and documentation of elevations specified by the
Florida Building Code and this ordinance; notifications to adjacent communities, FEMA,
and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals
and variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to this ordinance and the flood resistant construction
requirements of the Florida Building Code. These records shall be available for public
inspection at the office of the Chief Building Official/ Building Department.
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June 6, 2013
Page 8
DIVISION 4 PERMITS
8-22 Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope of this
ordinance, including buildings, structures and facilities exempt from the Florida Building
Code, which is wholly within or partially within any flood hazard area shall first make
application to the Floodplain Administrator, and the Building Official if applicable, and
shall obtain the required permit(s) and approval(s). No such permit or approval shall be
issued until compliance with the requirements of this ordinance and all other applicable
codes and regulations has been satisfied.
8-23 Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not
subject to the requirements of the Florida Building Code, including buildings, structures
and facilities exempt from the Florida Building Code. Depending on the nature and
extent of proposed development that includes a building or structure, the Floodplain
Administrator may determine that a floodplain development permit or approval is required in
addition to a building permit.
8-23.1 Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are
exempt from the Florida Building Code and any further exemptions provided by law,
which are subject to the requirements of this ordinance:
a) Railroads and ancillary facilities associated with the railroad.
b) Nonresidential farm buildings on farms, as provided in section 604.50,
F.S.
c) Temporary buildings or sheds used exclusively for construction purposes.
d) Mobile or modular structures used as temporary offices.
e) Those structures or facilities of electric utilities, as defined in section
366.02) F.S., which are directly involved in the generation, transmission, or
distribution of electricity.
f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term thickee" means
an open -sided wooden but that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non -wood features.
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June 6, 2013
Page 9
g) Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
h) Temporary housing provided. by
prisoner in the state correctional system.
the Department of Corrections to any
i) Structures identified in section 553.73(10)(k), F.S., are not exempt from
the Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps
8-24 Application for a permit or approval. To obtain a floodplain development permit
or approval the applicant shall first file an application in writing on a form furnished by
the community. The information provided shall:
a) Identify and describe the development to be covered by the permit or
approval.
b) Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will readily identify
and definitively locate the site.
c) Indicate the use and occupancy for which the proposed development is
intended.
d) Be accompanied by a site plan or construction documents as specified in
Section 8-29 of this ordinance.
e) State the valuation of the proposed work.
f) Be signed by the applicant or the applicant's authorized agent.
g) Give such other data and information as required by the Floodplain
Administrator.
8-25 Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this ordinance shall not be construed to be a permit for, or
approval of, any violation of this ordinance, the Florida Building Codes, or any other
ordinance of this community. The issuance of permits based on submitted applications,
construction documents, and information shall not prevent the Floodplain Administrator
from requiring the correction of errors and omissions.
8-26 Expiration. A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized is suspended or abandoned for a period of 180 days
after the work commences. Extensions for periods of not more than 180 days each shall
be requested in writing and justifiable cause shall be demonstrated.
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June 6, 2013
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8-27 Suspension or revocation. The Floodplain Administrator is authorized to
suspend or revoke a floodplain development permit or approval if the permit was issued
in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of
this ordinance or any other ordinance, regulation or requirement of this community.
8-28 Other permits required. Floodplain development permits and building permits
shall include a condition that all other applicable state or federal permits be obtained
before commencement of the permitted development, including but not limited to the
following:
a) The South Florida Water Management District; section 373.036, F.S.
b) Florida Department of Health for onsite sewage treatment and disposal
systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
c) Florida Department of Environmental Protection for activities subject to the
Joint Coastal Permit; section 161.055, F.S.
d) Florida Department of Environmental Protection for activities that affect
wetlands and alter surface water flows, in conjunction with the U.S. Army Corps
of Engineers; Section 404 of the Clean Water Act.
e) Federal permits and approvals.
DIVISION 5 SITE PLANS AND CONSTRUCTION DOCUMENTS
8-29 Information for development in flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this
ordinance shall be drawn to scale and shall include, as applicable to the proposed
development:
a) Delineation of flood hazard areas, floodway boundaries and flood zone(s),
base flood elevation(s), and ground elevations if necessary for review of the
proposed development.
b) Where base flood elevations, or floodway
FIRM or in the Flood Insurance Study, they shall
with Section 8-30(b) or (c) of this ordinance.
data are not included on the
be established in accordance
c) Where the parcel on which the proposed development will take place will
have more than 50 lots or is larger than 5 acres and the base flood elevations are
not included on the FIRM or in the Flood Insurance Study, such elevations shall
be established in accordance with Section 8-30(a) of this ordinance.
d) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures.
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June 6, 2013
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e) Location, extent, amount, and proposed final grades of any filling, grading,
or excavation.
f) Where the placement of fill is proposed, the amount, type, and source of
fill material; compaction specifications; a description of the intended purpose of
the fill areas; and evidence that the proposed fill areas are the minimum
necessary to achieve the intended purpose.
g) Existing and proposed alignment of any proposed alteration of a
watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this ordinance but
that are not required to be prepared by a registered design professional if it is
found that the nature of the proposed development is such that the review of
such submissions is not necessary to ascertain compliance with this ordinance.
8-30 Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard -areas are delineated on the FIRM and base flood
elevation data have not been provided, the Floodplain Administrator shall:
a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
b) Obtain, review, and provide to applicants base flood elevation and floodway
data available from a federal or state agency or other source or require the
applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source;
c) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to
not reasonably reflect flooding conditions, or where the available data are known
to be scientifically or technically incorrect or otherwise inadequate:
1) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
2) Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than two (2)
feet.
d) Where the base flood elevation data are to be used to support a Letter of
Map Change from FEMA, advise the applicant that the analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA, and that it
Temp. Ord. #2286
June 6, 2013
Page 12
shall be the responsibility of the applicant to satisfy the submittal requirements
and pay the processing fees.
8-31 Additional analyses and certifications. As applicable to the location and nature
of the proposed development activity, and in addition to the requirements of this section,
the applicant shall have the following analyses signed and sealed by a Florida licensed
engineer for submission with the site plan and construction documents:
a) For development activities proposed to be located in a regulatory
floodway, a floodway encroachment analysis that demonstrates that the
encroachment of the proposed development will not cause any increase in base
flood elevations; where the applicant proposes to undertake development
activities that do increase base flood elevations, the applicant shall submit such
analysis to FEMA as specified in Section 8-32 of this ordinance and shall submit
the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and
construction documents.
b) For development activities proposed to be located in a riverine flood
hazard area for which base flood elevations are included in the Flood Insurance
Study or on the FIRM and floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated flood hazard
area encroachments, will not increase the base flood elevation more than one (1)
foot at any point within the community. This requirement does not apply in
isolated flood hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as Zone AO or Zone AH.
c) For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices which demonstrates that the
flood -carrying capacity of the altered or relocated portion of the watercourse will
not be decreased, and certification that the altered watercourse shall be
maintained in a manner which preserves the channel's flood -carrying capacity;
the applicant shall submit the analysis to FEMA as specified in Section 8-32 of
this ordinance.
8-32 Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an
application, the applicant has the right to seek a Letter of Map Change from FEMA to
change the base flood elevations, change floodway boundaries, or change boundaries
of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a Florida licensed engineer in a format
required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant.
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June 6, 2013
Page 13
DIVISION 6 INSPECTIONS
8-33 General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
8-33.1 Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to
requirements of this ordinance and the conditions
permits or approvals.
determine compliance with the
of issued floodplain development
8-33.2 Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt
from the Florida Building Code to determine compliance with the requirements of this
ordinance and the conditions of issued floodplain development permits or approvals.
8-33.2.1 Buildings, structures and facilities exempt from the Florida Building
Code, lowest floor inspection. Upon placement of the lowest floor, including
basement, and prior to further vertical construction, the owner of a building, structure or
facility exempt from the Florida Building Code, or the owner's authorized agent, shall
submit to the Floodplain Administrator:
a) If a design flood elevation was used to determine the required elevation of
the lowest floor, the certification of elevation of the lowest floor prepared and
sealed by a Florida licensed professional surveyor; or
b) If the elevation used to determine the required elevation of the lowest floor
was determined in accordance with Section 8-30(c)(2) of this ordinance, the
documentation of height of the lowest floor above highest adjacent grade,
prepared by the owner or the owner's authorized agent.
8-33.2.2 Buildings, structures and facilities exempt from the Florida Building
Code, final inspection. As part of the final inspection, the owner or owner's authorized
agent shall submit to the Floodplain Administrator a final certification of elevation of the
lowest floor or final documentation of the height of the lowest floor above the highest
adjacent grade; such certifications and documentations shall be prepared as specified
in Section 8-33.2.1 of this ordinance.
8-33.3 Manufactured homes. The Chief Building Official shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with
the requirements of this ordinance and the conditions of the issued permit. Upon
placement of a manufactured home, certification of the elevation of the lowest floor shall
be submitted to the Chief Building Official.
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June 6, 2013
Page 14
DIVISION 7 VARIANCES AND APPEALS
8-34 General. The planning board shall hear and decide on requests for appeals and
requests for variances from the strict application of this ordinance in accordance with
the provisions of section 24-71 of the City Code of Ordinances. Pursuant to section
553.73(5), F.S., and section 24-71 of the City Code of Ordinances, the planning board
shall hear and decide on requests for appeals and requests for variances from the strict
application of the flood resistant construction requirements of the Florida Building Code.
8-35 Appeals. The planning board shall hear and decide appeals pursuant to section
24-71 of the City Code of Ordinances when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
administration and enforcement of this ordinance. Any person aggrieved by the
decision of the planning board may appeal such decision to the Circuit Court, as
provided by Florida Statutes.
8-36 Limitations on authority to grant variances. The planning board shall base its
decisions on variances on technical justifications submitted by applicants, the
considerations for issuance in Section 8-39 of this ordinance, the conditions of issuance
set forth in Section 8-40 of this ordinance, and the comments and recommendations of
the Floodplain Administrator and the Building Official. The planning board has the right
to attach such conditions as it deems necessary to further the purposes and objectives
of this ordinance.
8-36.1 Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as
evidenced by the applicable analyses and certifications required in Section 8-31 of this
ordinance.
8-37 Historic buildings. A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the
exception to the flood resistant construction requirements of the Florida Building Code,
Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed
repair, improvement, or rehabilitation will not preclude the building's continued
designation as a historic building and the variance is the minimum necessary to
preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance shall not
be granted and the building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
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June 6, 2013
Page 15
8-38 Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally
dependent use, as defined in this ordinance, provided the variance meets the
requirements of Section 8-36.1, is the minimum necessary considering the flood hazard,
and all due consideration has been given to use of methods and materials that minimize
flood damage during occurrence of the base flood.
8-39 Considerations for issuance of variances. In reviewing requests for variances,
the planning board shall consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this ordinance, and the following:
a)
The
danger that
materials and debris may be swept onto other lands
resulting in
further injury
or damage;
b)
The
danger to life
and property due to flooding or erosion damage;
c)
The
susceptibility
of the proposed development, including contents, to
flood
damage
and
the effect
of
such damage
on current
and
future owners;
d) The importance of the services provided by the proposed development to
the community;
e) The availability of alternate locations for the proposed development that
are subject to lower risk of flooding or erosion;
f) The compatibility of the proposed development with existing and
anticipated development;
g) The relationship of the proposed development to the comprehensive plan
and floodplain management program for the area;
h) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
i) The expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
j) The costs of providing governmental services during and after flood
conditions. including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems, streets and bridges.
8-40 Conditions for issuance of variances. Variances shall be issued only upon:
a) Submission by the applicant, of a showing of good and sufficient cause
that the unique characteristics of the size, configuration, or topography of the site
limit compliance with any provision of this ordinance or the required elevation
standards;
Temp. Ord. #2286
June 6, 2013
Page 16
b) Determination by the planning board that:
1. Failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
2. The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with
existing local laws and ordinances; and
3. The variance is the minimum necessary, considering the flood
hazard, to afford relief;
c) Receipt of a signed statement by the applicant that the variance, if
granted, shall be recorded in the Office of the Clerk of the Court in such a
manner that it appears in the chain of title of the affected parcel of land; and
d) If the request is for a variance to allow construction of the lowest floor of a
new building, or substantial improvement of a building, below the required
elevation, a copy in the record of a written notice from the Floodplain
Administrator to the applicant for the variance, specifying the difference between
the base flood elevation and the proposed elevation of the lowest floor, stating
that the cost of federal flood insurance will be commensurate with the increased
risk resulting from the reduced floor elevation (up to amounts as high as $25 for
$100 of insurance coverage), and stating that construction below the base flood
elevation increases risks to life and property.
DIVISION 8 VIOLATIONS
8-41 Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this ordinance that is performed without an issued permit,
that is in conflict with an issued permit, or that does not fully comply with this ordinance,
shall be deemed a violation of this ordinance. A building or structure without the
documentation of elevation of the lowest floor, other required design certifications, or
other evidence of compliance required by this ordinance or the Florida Building Code is
presumed to be a violation until such time as that documentation is provided.
8-42 Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this ordinance and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work orders
to owners of the property involved, to the owner's agent, or to the person or persons
performing the work.
Temp. Ord. #2286
June 6, 2013
Page 17
8-43 Unlawful continuance. Any person who shall continue any work after having
been served with a notice of violation or a stop work order, except such work as that
person is directed to perform to remove or remedy a violation or unsafe condition, shall
be subject to penalties as prescribed in section 553.79, F.S., and Broward County
Amendments to the Florida Building Code.
ARTICLE 2 DEFINITIONS
DIVISION 1 GENERAL
8-44 Scope. Unless otherwise expressly stated, the following words and terms shall,
for the purposes of this ordinance, have the meanings shown in this section.
8-45 Terms defined in the Florida Building Code. Where terms are not defined in
this ordinance and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in that code.
8-46 Terms not defined. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the context
implies.
DIVISION 2 DEFINITIONS
8-47 Definitions as used in this Chapter:
a) Alteration of a watercourse. A dam, impoundment, channel relocation,
change in channel alignment, channelization, or change in cross -sectional area
of the channel or the channel capacity, or any other form of modification which
may alter, impede, retard or change the direction and/or velocity of the riverine
flow of water during conditions of the base flood.
b) Appeal.
A
request
fora
review of the Floodplain
Administrator's
interpretation
of
any
provision
of
this
ordinance
or a request
for a
variance.
c) ASCE 24. A standard titled Flood Resistant Design and Construction that
is referenced by the Florida Building Code. ASCE 24 is developed and published
by the American Society of Civil Engineers, Reston, VA.
d) Base flood. A flood having a 1-percent chance of being equaled or
exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base
flood is commonly referred to as the "100-year flood" or the "1-percent-annual
chance flood."
Temp. Ord. #2286
June 6, 2013
Page 18
e) Base flood elevation. The elevation of the base flood, including wave
height, relative to the National Geodetic Vertical Datum (NGVD), North American
Vertical Datum (NAND) or other datum specified on the Flood Insurance Rate
Map (FIRM). [Also defined in FBC, B, Section 16122.]
f) Basement. The portion of a building having its floor subgrade (below
ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]
g) Design flood. The flood associated with the greater of the following two
areas: [Also defined in FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1-percent or greater
chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's
flood hazard map, or otherwise legally designated.
h) Design flood elevation. The elevation of the "design flood," including
wave height, relative to the datum specified on the community's legally
designated flood hazard map. In areas designated as Zone AO, the design flood
elevation shall be the elevation of the highest existing grade of the building's
perimeter plus the depth number (in feet) specified on the flood hazard map. In
areas designated as Zone AO where the depth number is not specified on the
map, the depth number shall be taken as being equal to 2 feet. [Also defined in
FBC, B, Section 1612.2.]
i) Development. Any man-made change to improved or unimproved real
estate, including but not limited to, buildings or other structures, tanks, temporary
structures, temporary or permanent storage of equipment or materials, mining,
dredging, filling, grading, paving, excavations, drilling operations or any other
land disturbing activities.
j) Encroachment. The placement of fill, excavation, buildings, permanent
structures or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
k) Existing building and existing structure. Any buildings and structures
for which the "start of construction" commenced before January 24, 1975, [Also
defined in FBC, B, Section 1612.2.]
Temp. Ord. #2286
June 6, 2013
Page 19
1) Existing manufactured home park or subdivision. A manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before January 24, 1975.
m) Expansion to an existing manufactured home park or subdivision.
The preparation of additional sites by the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads).
n) Federal Emergency Management Agency (FEMA). The federal agency
that, in addition to carrying out other functions, administers the National Flood
Insurance Program.
o) Flood or flooding. A general and temporary condition of partial or
complete inundation of normally dry land from: [Also defined in FBC, B, Section
1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface
waters from any source.
p) Flood damage -resistant materials. Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining
any damage that requires more than cosmetic repair. [Also defined in FBC, B,
Section 1612.2.]
q) Flood hazard area. The greater of the following two areas: [Also defined
in FBC, B, Section 1612.2.]
1. The area within a floodplain subject to a 1-percent or greater
chance of flooding in any year.
2. The area designated as a flood hazard area on the
community's flood hazard map, or otherwise legally designated.
r) Flood Insurance Rate Map (FIRM). The official map of the community
on which the Federal Emergency Management Agency has delineated both
special flood hazard areas and the risk premium zones applicable to the
community. [Also defined in FBC, B, Section 1612.2.]
Temp. Ord. #2286
June 6, 2013
Page 20
s) Flood Insurance Study (FIS). The official report provided by the Federal
Emergency Management Agency that contains the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map (if applicable), the water surface
elevations of the base flood, and supporting technical data. [Also defined in FBC,
B, Section 1612.2.]
t) Floodplain Administrator. The office or position designated and
charged with the administration and enforcement of this ordinance (may be
referred to as the Floodplain Manager).
u) Floodplain development permit or approval. An official document or
certificate issued by the community, or other evidence of approval or
concurrence, which authorizes performance of specific development activities
that are located in flood hazard areas and that are determined to be compliant
with this ordinance.
v) Floodway. The channel of a river or other riverine watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one(1)
foot. [Also defined in FBC, B, Section 1612.2.]
w) Floodway encroachment analysis. An engineering analysis of the
impact that a proposed encroachment into a floodway is expected to have on the
floodway boundaries and base flood elevations; the evaluation shall be prepared
by a qualified Florida licensed engineer using standard engineering methods and
models.
x) Florida Building Code (FBC). The family of codes adopted by the
Florida Building Commission, including: Florida Building Code, Building, Florida
Building Code, Residential; Florida Building Code, Existing Building, Florida
Building Code, Mechanical; Florida Building Code, Plumbing, Florida Building
Code, Fuel Gas.
y) Functionally dependent use. A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, including
only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities; the
term does not include long-term storage or related manufacturing facilities.
z) Highest adjacent grade. The highest natural elevation of the ground
surface prior to construction next to the proposed walls or foundation of a
structure.
Temp. Ord. #2286
June 6, 2013
Page 21
aa) Historic structure. Any structure that is determined eligible for the
exception to the flood hazard area requirements of the Florida Building Code,
Existing Building, Chapter 11 Historic Buildings.
bb) Letter of Map Change (LOMC). An official determination issued by
FEMA that amends or revises an effective Flood Insurance Rate Map or Flood
Insurance Study. Letters of Map Change include:
1) Letter of Mar) Amendment (COMA): An amendment based
on technical data showing that a property was incorrectly included in a
designated special flood hazard area. A COMA amends the current
effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood
hazard area.
2) Letter of Map Revision (LOMR): A revision based on
technical data that may s— changes to flood zones, flood elevations,
special flood hazard area boundaries and floodway delineations, and other
plan i metric features.
3) Letter of Map Revision Based on Fill (LOMR-F): A
determination that a structure or parcel of land has been elevated by fill
above the base flood elevation and is, therefore, no longer located within
the special flood hazard area. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
4) Conditional Letter of Map Revision (CLOMR): A formal
review and comment as to whether a proposed flood protection project or
other project complies with the minimum NFIP requirements for such
projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built
documentation, a Letter of Map Revision may be issued by FEMA to
revise the effective FIRM.
cc) Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle
rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle
frontal area of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property
or is a derivation of such a vehicle, or
Temp. Ord. #2286
June 6, 2013
Page 22
2. Designed primarily for transportation of persons and has a
capacity of more than 12 persons; or
3. Available with special features enabling off-street or off -
highway operation and use.
dd) Lowest floor. The lowest floor of the lowest enclosed area of a building or
structure, including basement, but excluding any unfinished or flood -resistant
enclosure, other than a basement, usable solely for vehicle parking, building
access or limited storage provided that such enclosure is not built so as to render
the structure in violation of non -elevation requirements of the Florida Building
Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
ee) Manufactured home. A structure, transportable in one or more sections,
which is eight (8) feet or more in width and greater than four hundred (400)
square feet, and which is built on a permanent, integral chassis and is designed
for use with or without a permanent foundation when attached to the required
utilities. The term "manufactured home" does not include a "recreational vehicle"
or "park trailer." [Also defined in 15C-1.01012 F.A.C.]
ff) Manufactured home park or subdivision. A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
gg) Market value. The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion to buy or
sell and both having reasonable knowledge of relevant facts. As used in this
ordinance, the term refers to the market value of buildings and structures,
excluding the land and other improvements on the parcel. Market value may be
established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax
assessment value adjusted to approximate market value by a factor provided by
the Property Appraiser.
hh) New construction. For the purposes of administration of this ordinance
and the flood resistant construction requirements of the Florida Building Code,
structures for which the "start of construction" commenced on or after January
24, 1975, and includes any subsequent improvements to such structures.
Temp. Ord. #2286
June 6, 2013
Page 23
ii) New manufactured home park or subdivision. A manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after January 24, 1975.
jj) Park trailer. A transportable unit which has a body width not exceeding
fourteen (14) feet and which is built on a single chassis and is designed to
provide seasonal or temporary living quarters when connected to utilities
necessary for operation of installed fixtures and appliances. [Defined in 320.01,
F.S. ]
kk) Recreational vehicle. A vehicle, including a park trailer, which is:
[Defined in section 320.01, F.S.)
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at
the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light -duty truck; and
4.
Designed primarily
not for use
as a permanent
dwelling but
as temporary
living quarters
for
recreational,
camping,
travel,
or seasonal
use.
II) Special flood hazard area. An. area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. Special flood hazard
areas are shown on FI RMs as Zone A, AO, Al -A30, AE, A99, AH, V1-V30, VE or
V. [Also defined in FBC, B Section 1612.2.]
mm) Start of construction. The date of issuance for new construction and
substantial improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement is within 180 days of the date of the issuance. The actual start of
construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing,
grading, or filling), the installation of streets or walkways, excavation for a
basement, footings, piers, or foundations, the erection of temporary forms or the
Temp. Ord. #2286
June 6, 2013
Page 24
installation of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main buildings. For a substantial improvement,
the actual "start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
nn) Substantial damage. Damage of any origin sustained by a building or
structure whereby the cost of restoring the building or structure to its before -
damaged condition would equal or exceed 50 percent of the market value of the
building or structure before the damage occurred. [Also defined in FBC, B
Section 1612.2.]
oo) Substantial improvement. Any repair, reconstruction, rehabilitation,
addition, or other improvement of a building or structure, the cost of which equals
or exceeds 50 percent of the market value of the building or structure before the
improvement or repair is started. If the structure has incurred "substantial
damage," any repairs are considered substantial improvement regardless of the
actual repair work performed. The term does not, however, include either: [Also
defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct
existing health, sanitary, or safety code violations identified by the building
official and that are the minimum necessary to assure safe living
conditions.
2. Any alteration of a historic structure provided the alteration
will not preclude the structure's continued designation as a historic
structure.
pp) Variance. A grant of relief from the requirements of this ordinance, or the
flood resistant construction requirements of the Florida Building Code, which
permits construction in a manner that would not otherwise be permitted by this
ordinance or the Florida Building Code.
qq)
Watercourse. A
river,
creek,
stream,
channel or other topographic feature
in, on,
through,
or over
which
water
flows
at
least
periodically.
Temp. Ord. #2286
June 6, 2013
Page 25
ARTICLE 3 FLOOD RESISTANT DEVELOPMENT
DIVISION 1 BUILDINGS AND STRUCTURES
8-48 Design and construction of buildings, structures and facilities exempt from
the Florida Building Code. Pursuant to Section 8-23.1 of this ordinance, buildings,
structures, and facilities that are exempt from the Florida Building Code, including
substantial improvement or repair of substantial damage of such buildings, structures and
facilities, shall be designed and constructed in accordance with the flood load and flood
resistant construction requirements of ASCE 24. Structures exempt from the Florida
Building Code that are not walled and roofed buildings shall comply with the requirements
of Section 8-68 through 8-71 of this ordinance.
DIVISION 2 SUBDIVISIONS
8-49 Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
a) Such proposals are consistent with
and will be reasonably safe from flooding;
the need to minimize flood damage
b) All public
utilities
and facilities such as sewer,
gas, electric,
communications,
and
water
systems
are
located
and
constructed
to minimize or
eliminate flood damage; and
c) Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
8-50 Subdivision plats. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the
following shall be required:
a) Delineation of flood hazard areas, floodway boundaries and flood zones,
and design flood elevations, as appropriate, shall be shown on preliminary plats;
b) Where the subdivision has more than 50 lots or is larger than 5 acres and
base flood elevations are not included on the FIRM, the base flood elevations
determined in accordance with Section 8-30(a) of this ordinance; and
c) Compliance with the site improvement and utilities requirements of
Section 8-51 through 8-55 of this Ordinance.
Temp. Ord. #2286
June 6, 2013
Page 26
DIVISION 3 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
8-51 Minimum requirements. All proposed new development shall be reviewed to
determine that:
a) Such proposals are consistent with the need to minimize flood damage
and will be reasonably safe from flooding;
b) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to minimize or
eliminate flood damage; and
c) Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
8-52 Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector systems),
and on -site waste disposal systems shall be designed in accordance with the .standards
for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE
24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and
discharge from the facilities into flood waters, and impairment of the facilities and
systems.
8-53 Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-
532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the systems.
8-54 Limitations on sites in regulatory floodways. No development, including but
not limited to site improvements, and land disturbing activity involving fill or regrading,
shall be authorized in the regulatory floodway unless the floodway encroachment
analysis required in Section 8-31(a) of this ordinance demonstrates that the proposed
development or land disturbing activity will not result in any increase in the base flood
elevation.
8-55 Limitations on placement of fill. Subject to the limitations of this ordinance, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood -related
erosion and scour. In addition to these requirements, if intended to support buildings
and structures (Zone A only), fill shall comply with the requirements of the Florida
Building Code.
Temp. Ord. #2286
June 6, 2013
Page 27
DIVISION 4 MANUFACTURED HOMES
8-56 General. All manufactured homes installed in flood hazard areas shall be installed
by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with
the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.
8-57 Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced
foundations that are designed in accordance with the foundation requirements of the
Florida Building Code Residential Section R322.2 and this ordinance.
8-58 Anchoring. All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimize flood damage and shall
be securely anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Methods of anchoring include, but are not limited to, use
of over -the -top or frame ties to ground anchors. This anchoring requirement is in
addition to applicable state and local anchoring requirements for wind resistance.
8-59 Elevation. Manufactured homes that are placed, replaced, or substantially
improved shall comply with Section 8-59.1 or 8-59.2 of this ordinance, as applicable.
8-59.1 General elevation requirement. Unless subject to the requirements of Section
8-59.2 of this ordinance, all manufactured homes that are placed, replaced, or
substantially improved on sites located: (a) outside of a manufactured home park or
subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to
an existing manufactured home park or subdivision; or (d) in an existing manufactured
home park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall be elevated such that the bottom of the frame is
at or above the elevation required, as applicable to the flood hazard area, in the Florida
Building Code, Residential Section R322.2 (Zone A).
8-59.2 Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 8-59.1 of this
ordinance, including manufactured homes that are placed, replaced, or substantially
improved on sites located in an existing manufactured home park or subdivision, unless
on a site where substantial damage as result of flooding has occurred, shall be elevated
such that either the:
a) Bottom of the frame of the manufactured home is at or above the elevation
required in the Florida Building Code, Residential Section R322.2 (Zone A); or
b) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than 36 inches in height
above grade.
8-60 Enclosures.
with the requiremen
enclosed areas.
Temp. Ord. #2286
June 6, 2013
Page 28
Enclosed areas below elevated manufactured homes shall comply
is of the Florida Building Code, Residential Section R322 for such
8-61 Utility equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential
Section R322.
DIVISION 5 RECREATIONAL VEHICLES AND PARK TRAILERS
8-62 Temporary placement. Recreational vehicles and park trailers placed temporarily
in flood hazard areas shall:
a) Be on the site for fewer than 180 consecutive days; or
b) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only
by quick -disconnect type utilities and security devices, and has no permanent
attachments such as additions, rooms, stairs, decks and porches.
8-63 Permanent placement. Recreational vehicles and park trailers that do not meet
the limitations in Section 8-62 of this ordinance for temporary placement shall meet the
requirements of Section 8-56 through 8-61 of this Ordinance for manufactured homes.
DIVISION 6 TANKS
8-64 Underground tanks. Underground tanks in flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty.
8-65 Above -ground tanks, not elevated. Above -ground tanks that do not meet the
elevation requirements of Section 8-66 of this ordinance shall be permitted in flood
hazard- areas provided the tanks are anchored or otherwise designed and constructed
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood -borne debris.
8-66 Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall
be attached to and elevated to or above the design flood elevation on a supporting
structure that is designed to prevent flotation, collapse or lateral movement during
Temp. Ord. #2286
June 6, 2013
Page 29
conditions of the design flood. Tank -supporting structures shall meet the foundation
requirements of the applicable flood hazard area.
8-67 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
a) At or above the design flood
prevent the inflow of floodwater or
conditions of the design flood; and
elevation
or fitted with
covers
designed to
outflow
of
the
contents
of
the
tanks
during
b) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
DIVISION 7 OTHER DEVELOPMENT
8-68 General requirements for other development. All development, including man-
made changes to improved or unimproved real estate for which specific provisions are
not specified in this ordinance or the Florida Building Code, shall:
a) Be located and constructed to minimize flood damage.;
b) Meet the limitations of Section 8-54 of this ordinance if located in a
regulated floodway;
c) Be anchored to prevent flotation, collapse or lateral movement resulting
from hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
d) Be constructed of flood damage -resistant materials; and
e) Have mechanical, plumbing, and electrical systems above the design
flood elevation, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building
code for wet locations.
8-69 Fences in regulated floodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh
fences, shall meet the limitations of Section 8-54 of this ordinance.
8-70 Retaining walls, sidewalks and driveways in regulated floodways. Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of Section 8-54 of this ordinance.
8-71 Roads and watercourse crossings in regulated floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to travel from one side of a watercourse to the
Temp. Ord. #2286
June 6, 2013
Page 30
other side, that encroach into regulated floodways shall meet the limitations of Section
8-54 of this ordinance. Alteration of a watercourse that is part of a road or watercourse
crossing shall meet the requirements of Section 8-31(c) of this ordinance.
SECTION 3. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 4. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Tamarac.
This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after March 15, 2012.
SECTION 5. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of
any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and
regulation(s): Chapter 8 —Flood Prevention and Protection.
SECTION 6. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the city commission that the provisions of this ordinance shall become and be
made a part of the City of Tamarac Code of Ordinances, and that the sections of this ordinance
may be renumbered or re -lettered and the word "ordinance" may be changed to "section,
"article," "regulation," or such other appropriate_ word or phrase in order to accomplish such
intentions.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon its passage and adoption.
Temp. Ord. #2286
June 6, 2013
Page 31
PASSED ON FIRST R ADING BY T CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, THIS c`�-� DAY OF u�r-�— , 2013.
PASSED AND ADOPTED ON SECOND AND FINAL READING =ITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF, 2013.
ATTE
INTERIM CITY CL
RK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form:
r,rS�4MUEL,$.'GOREN
CITY ATrtORNEY
BY:
MAYOR BETH
U
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR TALABI SCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M. DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M. DRESSLER