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2023-O-13 - Amending Article IV of LDCORDINANCE NO.2023-0-13 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (RESOURCE PROTECTION STANDARDS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On February 3, 2014, City Council adopted Ordinance #2014-0-01 which amended Chapter 21 (Land Development Code), Article IV (Resource Protection Standards). 3. Adoption of this Ordinance will modify the above -referenced Article of Chapter 21 (Land Development Code), NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (RESOURCE PROTECTION STANDARDS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending Article IV (Resource Protection Standards) as set forth in Exhibit "A", which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. StFilee threegh passages are deleted. Underlined passages are added. 202.3-0-13 All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. StFiW &89gh passages are deleted. Underlinedpassagesare added. 2023-0-13 E 1-0-CEOZ 'PIDPpi? 3.11! SO',iussud PDLJ I 110plifl pialopon so6mvd-to*e4iq4tS :G3AOHd<IV (INV 02IMMA JR1 jo up Mil UO ocz U[PLI;)l IS.I!j UO PZSSL'cl I'JOID XI!D Dt�Q"',lj!VJOjZ 31LIUOE] :Isgllv F", jo,�up sty U gl O(IV AIM UKV (13SSVd C"Zoz d c I -o-fzoz -pappla Ole SOWgssgd —pa-ulTi—opun -palalop 0ju SCIHVCNVJLS N01132110ma gauflosau Al 3731MV ,V,, 1!q!qxa ARTICLE IV RE, SOURCE PROTECTION STANDARDS SECTION 21-40-GENERAL PROVISIONS ...................................................................... DV-D 2{-4O.0l-Purpose .................................................................................. .............................. llcl SECTION 21-41 - WETLANDS -_--__._-.-^~.^ ~~,~.—.--.IV-], 21-41.01 -Circ Plan Reference ....................................... .......... ........................ V-1 2l-4I.O3-Permit Requirements ........... 2|-4ll4-Buffer Requirements ........... .................... lV-22- _ -----_.]W-227 SECTION 2K-42-FLOOD PLAINS .................................................................................... KV-22- 21-42.01 - Comprehensive Plan Reference ......................................................................... V-7-a- 21-42]02-Adnuioistnstion-------.--------------------------..[\-2 2|-42J]3-Definitions .............................. ...................................................................... —[V-l-78 2/-42l4-Flood Resistant Development ..... ......................................................... ......... ... T\/-23 SECTION %1-43-WELLFD8ILD PROTECTION .......................................................... IV-30-2-9 21-43J01 - Comprehensive Plan Reference —_--------------------_l\-3[29 2\-43I2-Designation ofYYcJKfiek1Protection Zones (WPZ)........................................ [\/- 21-43.03 -YVcLU5cldProtection Zone Permits ................................................................. IV- 313A 2l-43.04-Wellfiek]Protection Zone Standards ............................................................. lV-3L4 2l-43.O5-Bxe.-------------------------.-..-----. SECTION 21-44- GROUNDWATERRECHARGE AREAS ...................................... Kl/ 333-2, 2l-44.Oi-Comprehensive PlauRefecenoe--.......-----------------.IV-3�;a_ 2I-44.U2-Designation n[Recharge Areas ............. ............ ........................................... I SECTION 21-45 - SENSITIVE HABITAT AREAS ......................................................DV-34-33 2I-45.O\-Comprehensive PlanRefercucn—.---------------.------JV-34--)4 2l-45.02-Development Thresholds & Exemptions .............. .... .................................. I SECTION %1-46—OPEN SPACE .................................................................................... DV-35.44 2l-46.0l-Comprehensive Plan Reference ......................................... ........................... IV-353 4 %l-461y3-Open Space Standards .................................................... ............................... l\/-35�_4 Sections 21-47 through 21-48 reserved for future use. Rev. 12i27/2022410J'-!44(LatidDevelol)nieiit Code) 1444 ARTICLE IV RESOURCE PROTECTION STANDARDS SECTION 21-40 - GENERAL PROVISIONS 21-40.01 - Purpose The purpose of this Article is to establish the criteria for the protection, maintenance, enhancement and utilization of natural resources within the City of Edgewater in accordance with the adopted Comprehensive Plan. In conformance with the requirements of the Comprehensive Plan, standards and criteria contained herein implement the specific Comprehensive Plan. In addition to City-wide resource protection standards contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations and the Ridgewood Avenue Corridor Design Regulations which are incorporated as Article XVIII and Article XX respectively in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Standards and Article XX, Ridgewood Avenue Corridor Design Regulations include specific treatment for conservation lands located adjacent to Indian River Boulevard and Ridgewood Avenue. While Article XVIII shall generally supercede the requirements set forth in Article IV, Resource Protection Standards, the intent and purpose of resource protection standards plus all applicable comprehensive plan policies for conservation areas shall be adhered to for development within the designated Indian River Boulevard Corridor and Ridgewood Avenue Corridor. SECTION 21-41 - WETLANDS 21-41.01 - Comprehensive Plan Reference The provisions of Section 21-41 - Wetlands are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element and Conservation Element. It is the intent of this Article to provide for the protection, maintenance, enhancement and utilization of wetlands within the City recognizing the rights of property owners to use their lands in a reasonable manner as well as (lie right of all citizens for the protection and purity of the waters of the City. It is the policy of the City to minimize the disturbances of wetlands and to encourage their use only for the purposes that are compatible with their natural functions and environmental benefits. 21-41.02 - Wetland Identification Wetlands are defined in Section 21-20. Where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a Surveyed elevation measured at a location in the same wetland where the natural line is clear. In the event an undeveloped area Rev. 12?27 '20222�44.;-,44 (Land Development Code) LL_ 14-244.0 IV-1 has been recently cleared of all vegetation, the wetland boundary may be determined by soil type, aerial mapping, photography, hydrology or other historical information as appropriate and approved by the City. The most restrictive wetland boundary as determined by authorized regulatory agencies shall be accepted. 21-41.03 - Permit Requirements It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy or alter any wetland or wetland buffer as defined in Article Ill on any lot or portion thereof without obtaining a wvetland alteration permit in accordance with the provisions of this Article. An applicant must obtain all other required permits from all appropriate agencies. Unless proper Federal/State approval has been granted a Wetland Alteration Permit must be obtained from the City and/or Volusia County. Wetland Alteration Permits may be issued concurrent or in conjunction with other land development permits. It is the intent of this Section that construction of a single-family dwelling on upland areas which do not alter by removing, filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a separate wetland alteration permit pursuant to this Section. 21-41.04 - Buffer Requirements a. A minimum buffer of fifty feet (50') upland from the mean high water line and a minimum of twenty-five feet (25) upland from the wetland boundary shall be established adjacent, to and Surrounding all wetlands. The buffer may coincide with the required setback oil a lot pursuant to Article V. There shall be no development activities in the buffer, except for direct access to water bodies. b. Maintenance activities which do not have a significant adverse effect on the natural function of the buffer may be allowed within the buffer. The activities which may be permitted include but are not limited to pruning, vegetation, planting of suitable native removal of t� exotic and nuisance pioneer plant species and the creation and maintenance of walking trails. See Section 21-53.07 for shoreline protection standards. SECTION 21-42 - FLOOD PLAINS 21-42.01 - Comprehensive Plan Reference The provisions of Section 21-42 - Flood Plains are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Coastal Element and Conservation Element. 21-42.02 —Ad m in istration a. General 1. Title - These regulations shall be known as the Floodplain A,,fanagetnent Ordinance of the City of Edgewater, hereinafter referred to as "this Section." Rev, 1_1_21/2022224)`14 .(1.and_Devc1opmen(.Code) 2. Scope - The provisions of this Section 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. Intent — Development within flood prone areas is strongly discouraged. The purposes of this Section and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimuili requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (a) Minimize unnecessary disruption of commerce, access and public service during times offlooding; C, (b) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (c) Manage filling, grading, dredging, mining, paving, excavation, drilling Z:� operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (d) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (e) Minimize damage to public and private facilities and utilities; Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (g) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (h) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22, 4. Coordination with the Florida Building Code - This Section 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,. Rev. 12/2 71/20212-r'03,444 (Land Development Code) 4244-0 IV-3 Warning - The degree of flood protection required by this Section and the Florida Building Code, as amended by the City, 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 Section 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 the City to revise these regulations to remain eligible for participation in the National Z-11 Flood Insurance Program. No guarantee of vested use, existing use, or future use is implied or expressed by compliance with this Section. 6, Disclaimer of Liability - This Section shall not create liability on the part of the City Council of the City of Edgewater or by any officer or employee thereof for any flood damage that results from reliance on this Section or any administrative decision lawfully made there under. b. Applicability 1. General - Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable, 2. Areas to which this Section applies - This Section shall apply to all flood hazard areas within the City of Edgewater, as established in Section 21-42.02b.3 of this Section. No structure or land shall hereafter be located, extended, converted, or Structurally altered within identified special flood hazard areas without compliance with the teens of this Section and all other applicable regulations. Provisions for flood hazard reduction shall be enforced upon all proposed development and re -development located within the City independent of proposed land use. No grandfathering provisions will be allowed for lots of record, platted subdivisions, etc. Basis for establishing flood hazard areas - The "Flood Insurance Study for Volusia County, Florida and Incorporated Areas" dated February�,'Lep erne i -1,29, 2017-14, 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 Section 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 City Development Services Department, 104 North Riverside Drive, Edgewater, FL 32132. Rev. 12/27/2022-2./0".3t44-(L,arid.Dcvcloptiient-Code) - ------+V-4 (a) Submission of additional data to establish flood hazard areas - To establish flood hazard areas and base flood elevations, pursuant to Section 21 - 42.02e. or this Section 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: (1) 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 Section and, as applicable, the requirements of the Florida Builchng Code. (2) 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. 4. Other laws -The provisions of this Section shall not be deemed to nullify any provisions of local, state or federal law. Abrogation and greater restrictions - This Section supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Section and any other ordinance, the more restrictive shall govern. This Section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Section. G. Interpretation - In the interpretation and application of this Section, 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. c. Duties and Powers of the Floodplain Administrator 1. Designation - The Development Services Director and/or the designee thereof is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Rev. 12e'27/2022-2,°0-3�t4(Land Developnient Code) '-P-40 IV-5 2. General - The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this Section, The Floodplain Administrator shall have the authority to render interpretations of this Section consistent with the intent and purpose of this Section 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 Section without the granting of a variance pursuant to Section 107 of this Section, 3. Applications and permits - The Floodplain Administrator, in coordination with other pertinent offices of the City, 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 Section; (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 deters -nine whether proposed development will be reasonably safe from flooding; (g) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this Section is demonstrated, or disapprove the sarne in the event of noncompliance; and (h) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and Structures in flood hazard areas comply with the applicable provisions of this Section. 4. Substantial improvement and substantial damage determinations - For applications for building permits to improve buildings and structures, including alterations, movernent, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial darnage, and any other improvement of or work on such buildings and Rev. 12/27/2022-24.;144-(I,sind.Dcvclopment.Code) --W-6 W-04-294 structures, the Floodplain Administrator, in coordination with the Building Official, shall: (a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market Value of the building or structure; (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 Buileling Cocle and this Section is required. S. Modifications of the strict application of the requirements of the Florida Builefing, Cocle - The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code' to determine whether such requests require the granting of a variance pursuant to Section 21-42.02g of this Section. 6. Notices and orders - The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this Section. Inspections - The Floodplain Administrator shall make the required inspections as specified in Section 21-42.02f of this Section for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Cocle. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a pert -nit. Other duties of the Floodplain Administrator - The Floodplain Administrator shall have other duties, including but not limited to: (a) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial Rev. 12/27/20222-404-M4. (Land Dcvelopinent Code) IV-7 improvement and substantial damage made pursuant to Section 2 1 - 42.02c.4 of this Section; (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 Section and the Florida Building Code and this Section to determine that Such certifications and documentations are complete; and (e) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. 9. Floodplain management records - Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Section 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 Section; 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 foil issuance or denial; and records of enforcement actions taken pursuant to this Section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the City Development Services Department, 104 North Riverside Drive, Edgewater, FL 32132. d. Permits 1. Permits required - Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope Rev. 12 /-27/2.022IL441,and-Developsiietit Code) --l-V-4 of this Section, including buildings, structures and facilities exempt from the Florida Building C.'ode, 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 Section and all other applicable codes and regulations has been satisfied. The standards for issuing development permits shall comply with Title 44 Code of Federal Regulations Chapter 1, Section 60.3 Parts (A), (B), and (C), and are described in this Section. Floodplain development permits or approvals - Floodplain development permits or approvals shall be issued pursuant to this Section for any development activities not subject to the requirements of the Florida Building Cod', including buildings, structures and facilities exempt from the Florida Building, Code. Depending Oil 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. (a) Buildings, structures and facilities exempt from the Florida Buildh�g 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 Section: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden 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. Rev. 12/2T20222-4-34-14 (Land Development Code) J-P-44 IV-9 (7) Family mausoleums not exceeding 250 square feet in area Which are prefabricated and assembled on site or preasserribled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(1 0)(k), F.S., are not exempt from the TIorida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 3. 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 105 of this Section. (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. 4. Validity of permit or approval - The issuance of a floodplain development permit or approval pursuant to this Section shall not be construed to be a permit -for, or approval of, any violation of this Section, the Florida Building Codes, or any other ordinance of the City. The issuance of permits based oil submitted applications, construction documents, and in -formation shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 5. Expiration - A floodplain development permit or approval shall become invalid unless the work authorized by such permit is cornmenced 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. Rev, t 2/27/20222-4,34-14 -(I,�itid-[)evelc)pi-netit-Code) V - 10 4444) 6. 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 Section or any other ordinance, regulation or requirement of the City. 7. 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 St. Johns River 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. e, Site Plans and Construction Documents 1. Information for development in flood hazard areas - The site plan or construction documents for any development subject to the requirements of this Section 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. Topographic and special flood hazard area mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1 -foot topographic contour interval and base flood elevation to one decimal accuracy). USGS Quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. (b) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 21-42.02e.2(b) or (c) of this Section. (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 21- 42,02e.2(a) of this Section. Itev. I ' 2/ " 2 - 7 - /202224.444 (Land Developi-nent Code) 4-2-40 IV-1 I (d) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (e) Location, extent, amount, and proposed final grades of any Filling, grading, or excavation. 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. (h) The SHGWT shall be established by drilling a sufficient number of geotechnical borings whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SFIGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding storrnwater runoff on the undeveloped property. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Section 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 Section. 2. Information in flood hazard areas without base flood elevations (approximate Zone A) - Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (b) Obtain, review, and provide to applicants base flood elevation and floodway data available 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 NN-here 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 Rev, I 2/27/2022-M-3,44 -(Lmd,,Deve1opnieiit.Codc) — ------ —1-V-4--2 I V- 12 0 (2) Specify that the base flood elevation is three (3) 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 three (3) feet. (d) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 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 21-42.02e.4 of this Section 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 Al-1. (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 21-42.02e.4 of this Section. Rev. 12,�27/20222A3/l 4 (Land Development Code) IV- 13 4. Submission of additional data - When additional hydrologic, hydraulic or other engineering data, Studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. f. Inspections 1. General - Development for which a floodplain development permit or approval is required shall be subject to inspection. (a) Development other than buildings and Structures - The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Section and the conditions of issued floodplain development permits or approvals. (b) Buildings, structures and facilities exempt from the Floridci 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 Section and the conditions of issued floodplain development permits or approvals. (1) Buildings, structures and facilities exempt frorn the Rot-icia 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 Builcling Cocle, 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 21-42.02e.2.(c)(2) of this Section, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (2) Buildings, structures and facilities exempt from the Florida Building Code, final inspection - As part of the final inspection, the Rev. 12f2W2022-240444 -{Land Developnient Code) ------ ----J-V-44 I V- I 44-1q4 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 21-42.02f. L(b)(1 ) of this Section. (c) Manufactured homes - The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. a ,,. Variances and Appeals 1. General - Any Variances to the requirements of this Section shall be administered pursuant to the requirements of Section 2 1 - 100. Any appeals of the decisions of any City officials shall be in accordance with the procedure contained in Article I of the Land Development Code.. 2. 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 2 1 - 42.02e.3 of this Section. 3. 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 Floricia Building Code, Existing Builcling, Chapter 1 2-- Historic Buildings, upon a determination that (lie 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 Z:1 repair, improvement, and rehabilitation shall be subject to the requirements or the Florida Rwilding Code. 4. 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 Section. , provided the variance meets the requirements of Section 21-42.02g.2, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of Rev. 12/27/20222A)-4A4 (Land Development Code) A-P-44 IV-15 methods and materials that minimize flood damage during occurrence of the base flood. 5. Considerations for issuance of variances - In reviewing requests for variances, Consideration shall be given to all relevant factors, all other applicable provisions of the fi-loi-ider Building Code, this Section, 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; (1) 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 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. 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 firnit compliance with any provision of this Section or the required elevation standards; (b) Determination by the Planning and Zoning 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; Rev. 12i2T20222403/44 -(Latid.Developinent-Code) I V - 16 t'-1 -21-14 h. Violations (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 minirnurn 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 (tip 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. Violations - Any development that is not within the scope of the Florida Building Code but that is regulated by this Section that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Section, shall be deemed a violation of this Section. 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 Section or the Florida Buildhkg Code is presumed to be a violation until such time as that documentation is provided. 2. Authority - For development that is not within the scope of the Florida Building Code but that is regulated by this Section and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 3. Unlawful continuance - Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe Rev. 12/27/20222441W4 (Land Developmerit Code) -42-44 1V-17 condition, shall be subject to penalties as prescribed in Section 1-8 of the City Code of ordinances regarding "General Penalty, continuing violations". 21-42.03 — Definitions a. General 1. Scope - Unless otherwise expressly stated, the following words and tenors shall, for the purposes of this Section, have the meanings shown in this section. 2. Terms defined in the Florida Building Code - Where terms are not defined in this Section and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Terms not defined - Where terms are not defined in this Section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. b. Definitions Accessorvs1ruclure - A structure on the s perly as a Principal structure and the LISC Of Which is limited to parking and storage incidental to the use ofthe principal structure. Alleration of a watercourse - A darn, 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, inipede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Api-zeal - A request for a review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance. ASCE 24 - A standard titled Flood Resistant Design and Consti-ziction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base, ood - A flood having a I -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 "I 00-year flood" or the "I -percent-annual chance flood." Base flood elevation - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Rev. 12_,i27/2022-_24&.;,144 -(Land.Development Code) W-18-q-240 Basement - The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Design flood - The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.1 1. Area with a floodplain Subject to a 1-percent or greater chance of flooding in any year, or. 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation - The elevation of the"design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing Madding ,-iiidexisting.yti,ttciu;-c, - Any buildings and structures for which the "'start of construction" commenced before September 3, 1980. [Also defined in FBC, B, Section 1612.2.1 either- -F+fta-k,-ite-gf a-diiitt Federal Einergenqy Alfanagemeni Agency (FEA11A) - 1"he federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. 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.] Rev. 12!27/20222,41,344 (Land Developinent Code) 144444 IV-19 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. Flooddainage-resislant 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, 13, Section 1612.2.] 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. Flood Insurance Rate May) (FIRiVf) - 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.] Flood Insurance Sludy (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.] Floodplain Ailininistralor - The office or position designated and charged with the administration and enforcement of this Section (may be referred to as the Floodplain Manager). Floodplain develoInnent 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 Section. Floodwqy - 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 16112.] Floodway encroachment analy.5i.v - 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. Florida Building Code - The family of codes adopted by the Florida Building Commission, Z" including: Florida Budding Code, Building; Florida Building Code, Re.videnliai; Florida Rev. 121/2-7,120-2-2-24PM4 IV-2V-1-211G Building Code, Existing Building; Tloi-ido Builcling Code, Mechanical,- Floi-id(i Building Code, Phanbing; Pofida Builcling Code, Fuel Gcis. F, unctionally 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 riot include long-term storage or related manufacturing facilities. Highest adjacent grade - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic so*uctzwe - Any structure that is determined eligible for the exception to the flood hazard area requirements of the P"loi-icla Building Cocle, Existing Builclingy, Chapter 12-1- Historic Buildings. Letter, of Map Change (1,0)VfQ - 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 Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the Current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. 2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planinietric 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. Light -duty ti-uck - 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: Rev, 121/27,120212-43-44 (Latid Development Code) 14-4444 IV-21 I . Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off-street or off -highway operation and use. Loivestfloor - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built SO as to render the structure in violation of the non -elevation requirements of the Florida Builcling Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Allcmiffticturecl horse - 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- 1.0 10 1, F.A.C.1 Manqfticturedhome park or subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mirket valuer - W-� ie-market--The value of buildini,s and Structures. excluding the land and other ins Provements on the parcel. Market value is the Actual Cash Value (in -kind re lace ei,q cost depreciated fbr,S� wear and tear. negj:tl. and quality of construction) determined by a guatified independent appraiser, or tax assessment value adjusted to avvroxiniwe market value by a factor provided by the Property Appraiser. New construction - For the purposes of administration of this Section and the flood resistant construction requirements of the 171oricla Building Code, structures for which the "start of construction" commenced on or after September 3, 1980 and includes any subsequent improvements to such structures. which Rev. 11 2/2 7/202 22-A)'444 4 Land Dovelopnient _Codc) Park trailer - A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.0 1, F.S.] Recreational vehicle - A vehicle, including a park trailer, which is: [see in section 320.01, F.S.) I . 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. Special floors hazardarea- An area in the floodplain subject to a I percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30,AE,A99,AIJ.,VI-V30,VEorV. [Also defined in FBC, B Section 1612.2.] ,'Mort 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 ]ionic) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. Fora 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.] �n Substantial cianiage - 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.] ,"ubvantial itnprovemeni - 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.) Rev. 12i27/20222-43/44 (Land Development Code) A-1-240 IV-23 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 rninimurn 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. Vaviance - A grant of relief from the requirements of this Section, or the flood resistant construction requirements of the Florida Builcling Code, which permits construction in a manner that would not otherwise be permitted by this Section or the Floriela Building Code. Watercourse - A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. 21-42.04 — Flood Resistant Development a. Compensatory Storage — Compensatory storage for encroachments to the special flood hazard area shall be provided in accordance with the following methodology: 1. Encroachment to the special flood hazard area shall be cornputed for all fill placed within the special flood hazard area below the base flood elevation and above the predicted SHGWTor SHWL 2. Compliance will be based upon a volume for volume (CLIP for cup) methodology, with the Volume of compensation equal to the volume of encroachment at each and every elevation (1-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent flood plain managernent for all storm events of magnitude less than the base flood event and is intended to prevent cumulative water quantity impacts. 3. Storage creation must occur below the existing base flood elevation and above the predicted SHGWT and/or SHWL. 4. Compensation must occur within dedicated storage areas excavated contiguous to the existing special flood hazard area. 5. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. 6. The City may approve the creation of off -site compensatory storage areas located outside the property boundary out a case -by -case basis. 7. The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems and/or off -site properties. b. Buildings and Structures Rev-1-2 2 T2 02 2:.4�4 -� La n d_Dcvcl opine ni _Ca tie) Design and construction of buildings, structures and facilities exempt from the Florida Building Code - Pursuant to Section 21-42.02d.2.(a) of this Section, buildings, structures, and facilities that are exempt from the Florida Building Cocie, 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 Cocle that are not walled and roofed buildings shall comply with the requirements of Section 21-42.04h of this Section. 2. lion -elevated accessoij! A ruc tUrCS -Accessory StT'LlCt Lj res are Derm itted bclm, elevations reauired by the Florida Builelin '- C'utie provided the accessory strUCtUres are used only for parkine or stornee and: th'-111600 -%-It- b. Have flood o accordance with Section R322.2 of the Florida — Buildin de. Residenfial, g�-() ... . . . ........ c. Are anchored to resist flotation. collaose or lateral nioven)ent resultipa _froni Hood loads. d. Have flood ant ij a below the base ficod clev,tioll DILIS OJIC (]Lt�)Ot.. e. HaNT mechanical, lumbinf-). aiict electrical s steins, including, phin big 4-. fiXtLWCS, elevated to or above Ilie base flood. elevation plus one..(j) t. c. Subdivisions L Minimum requirements - Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage ; and (c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AFI and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision plats - Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, ties within a flood hazard area, the followino, 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; Rev. 12/27/20222403/14 (Land Development Code) IV-25 (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 21-42.02e.2.(a) of this Section; and (c) Compliance with the site improvement and utilities requirements of Section 21-42.04d of this Section. d. Site Improvements, Utilities and Limitations 1. Minimum requirements - All proposed new development shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, C01111TI4Inications, 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 Al-i and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures, 2. Sanitary sewage facilities - All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systerns. 3. Water supply facilities - All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on sites in regulatory floodways - No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 21-42.02e.3,(a) of this Section demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 5. Limitations on placement of fill - Subject to the limitations of this Section, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against Rev. 12'27/20222-iO-3?-t-.(I-,,tnct.Developi-ncn[_Cocic) 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 Floricla Building Code. e. Manufactured Homes 1. General - All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S,, and shall comply with the requirements of Chapter 15C- 1, F.A.C. and the requirements of this Section. (a) Limitations on installation in floodways - New installations of manufactured homes shall not be permitted in floodways. 2. 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 Cocle, Resicicivial Section R322.2 and this Section. Anchoring - All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system, to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4—.Elevation - All manuFactured homes that are placed. retilaced, or substantially improved in flood hazard areas shall be elevated Such that the bottom of the frame is at or above the elevation required in the Florida Building , Code, Residential Section R322.2 (Zone A f +i", 4. Set , ation-'11-42-.04e plaeed, i- � I eedT- , a -+mif-RAac4.tfreE1 lie- me - Isar k �if Rev, 12�27/20222�43A4 (Land Development Code) 14-4-A IV-27 J sub�tantially� irnproved on toealed i-n ail -existill- inan-ufa(ALI-red home pay ;-,or subdiviaion, untess on -a: site where substantial da m- 661ef4ei elev4ien A-Y� (IF is S. Enclosures - Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas. G. 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. f. Recreational Vehicles and Park Trailers 1. Temporary placement - Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (a) Be on the site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 2. Permanent placement - Recreational vehicles and part-, trailers that do not meet the limitations in Section 21-42.04C 1 of this Section for temporary placement shall meet the requirements of Section 21-42.04e of this Section for manufactured homes. g. Tanks Rev. 12/27/2022-2iO;',,/14-(I,,,irid-Developmerit_Code) IV-2V44W I . Underground tanks - Underground tanks in flood hazard areas shall be anchored Z:� to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions ofthe design flood, including the effects of buoyancy assuming the tank is empty, 2. Above -ground tanks, not elevated - Above -ground tanks that do not meet the elevation requirements of Section 21-42.04g.3 of this Section shall be pernlitted 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, 3. Above -ground tanks, elevated - Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a Supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank inlets and vents - Tank inlets, fill openings, outlets and vents shall be: (a) At or above the design flood elevation or fitted with covers designed to ZZ, prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. h. Other Development 1. General requirements for other development - All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this Section or the Flo)-id(i Building Cocle. shall: (a) Be located and constructed to minimize flood damage; (b) Meet the limitations of Section 21-42.04d.4 of this Section 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 Rev. 12127/20212�10444, (Land Developnient Code) ±Q4 G IV-29 safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in regulated floodways - Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 21-42.04d.4 of this Section, 3. Retaining walls, sidewalks and driveways in regulated floodways - Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 21-42.04d.4 of this Section. 4. Roads and watercourse crossings in regulated floodways - Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this Section. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 21-42.02e.3.(c) of this Section. SECTION 21-43 - WELLFIELD PROTECTION 21-43.01 - Comprehensive Plan Reference The City finds there is need to protect the existing and future water supplies from adverse impacts of contamination. The City also finds that its potable water wellfields are a resource that may be subject to irreversible degradation if not adequately protected. The provisions of Section 21-43 — Wellfield Protection Areas are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element, Conservation Element and Intergovernmental Coordination Element. 21-43.02 - Designation of Wellfield Protection Zones (WPZ) The primary and secondary potable water wellfield Protection Zones are hereby established as five hundred feet (500') radius from the well as the primary zone and one thousand feet (1,000') radius from the well as the secondary zone. These zones, and the regulations that follow, are established to protect the potable water supply from possible contamination. A permit is required for any development or occupational use within the wellfield protection zone. a. Except as otherwise provided in this Section, any use, handling, production or storage of hazardous materials shall be prohibited in the primary protection zone. Any existing use, or handling, production or storage of hazardous materials shall be considered a nonconforming use and shall apply for a wellfield protection permit as provided in Section 21-43.03 and be subject to the containment standards in Section 21-43.04. Rev. 12/27/2022-24)-3A4 {Lmd,,Developjiient-Codc) 1V-3044-21W b. Except as otherwise provided in this Section, any new or existing nonresidential use, Or the handling, production or storage of hazardous substances in the secondary protection zone shall apply for a wellfield protection permit as provided in Section 21-43.03. 21-43.03 - Wellfield Protection Zone Permits a. The Director of Environmental Services shall be responsible to administer the wellfield protection zone permit program. b. Application for a wellfield protection permit shall be signed by the applicable owner or agent. c. 'rhe City shall issue, or renew such permit, upon the applicant's satisfactory demonstration that all standards required by this Section and other applicable regulations have been met and the appropriate fee as established by resolution have been paid. d. A potential applicant is required to arrange a pre -application conference with the Director of Environmental Services to discuss the permit application criteria and process. e. The City shall review applications, for compliance with the requirements of this Section and no application shall be approved unless compliance is demonstrated. Permits or business tax receipts issued in violation of this Section confer no right or privilege to the grantee. f. The following information shall be submitted by the applicant seeking a wellfield protection zone permit. I. A current survey signed and sealed by a licensed surveyor that, at a minimum, depicts all existing structures, adjacent streets, water bodies and public water Supply Wells. 2. A legal description of the subject property. 3. A description of the proposed activity at the proposed location, including a list of all known hazardous substances that may be utilized, generated and/or stored at the Subject property. 4. Construction plans and specifications for hazardous substance storage system, including but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak protection, overfill protection and access and an operating plan. g. Any person owning or operating anon -residential activity regulated by this Section at the time of adoption of this Article shall apply for a wellfield protection zone permit within one year and shall thereafter come into full compliance with the requirements of this Section. 21-43.04 - Wellfield Protection Zone Standards a. A proposed project, construction activity or business tax receipt use shall not adversely affect the quality and quantity of the potable water supply within the primary and secondary Rev. ]212V20222VW3/-4 (Land Development Code) _424-1-0 IV-31 wellfield protection zone. In assessing the impacts of a proposed activity, the City shall consider the cumulative impacts of other prqjects Or uses permitted in, or adjacent to, the Secondary Protection Zone. b. No discharge or disposal of hazardous substances into the soils, groundwater or surface water within either the Primary or Secondary Protection Zone will be allowed. c. Hazardous substance storage tanks are prohibited in the Primary Protection Zone. d. Hazardous substance storage tanks in the Secondary Protection Zone shall be constructed and operated in compliance with 17-762 Florida Administrative Code. e. The commercial and residential application of certain regulated substances such as pesticides, herbicides, rodenticides and fungicides shall be permitted in the protection zones subject to the following conditions: 1. The application is in compliance with the use requirements on the EPA substances list and as indicated on the containers in which the substances are sold. 2. The application is in compliance with the requirements of Chapters 482 and 487, Florida Statutes and Chapters 5E-2 and, 5E-9, Florida Administrative Code. 3. The application of any of the pesticides, herbicides, fungicides and rodenticides shall be noticed in the records of the certified operator of the use. The certified operator shall provide specific notification to the applicators that special care is required. Said public records shall include, at a minimum, the amount of Substances used, the location of use and the date of the application. 4. Septic disposal systems are prohibited in both protection zones, 5. Existing underground storage facilities in either protection zone shall meet the construction retrofit standards of Chapter 17-76 1, F.AC. 21-43.05 - Exemptions The following activities or uses are exempt from the provision of this Article: a. The transportation of any hazardous substance through either the primary or secondary well field protection zone, provided the transporting vehicle is in transit. b. Agricultural uses, including mosquito control, except that said uses shall comply with Florida Statutes Chapter 487, Section 487.011 et seq., the Florida Pesticide Law,and the Florida Pesticide Application Act of 1974 and Rule 5E 2.001 et seq., and Rule 5E-9.001 et seq., F.A.C. c. The use of any hazardous Substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle. Rev, 12'27/2021Y43,44 -(Land-Developtnent-Code) ........... . — — ------ I -V -P- W-32-424-1-0 d. Storage tanks which are constructed and operated in accordance with the storage tank regulations as set forth in the Florida Administrative Code, e. Geotechnical borings. 21-43.06 - Enforcement and Appeals a. Any violation of the provisions of this Section may subject the property owner, and/or facility operator, to the enforcement provisions of Article X, b. The appeals process is described in Article 1. SECTION 21-44 - GROUNDWATER RECHARGE AREAS 21-44.01 - Comprehensive Plan Reference Chapter 373, F.S. declares that the protection of groundwater is necessary to protect Future potable water Supplies. Chapter 163, Part 11, F.S. requires each local government to protect identified recharge areas. The provisions of Section 21-44 — Groundwater Recharge Areas are consistent with and implement the City's Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element and Intergovernmental Coordination Element. 21-44.02 - Designation of Recharge Areas The mapped recharge areas subject to the regulations herein are designated by the St, Johns River Water Management District and are available for review at City Hall. 21-44.03 - Recharge Area Development Standards The following standards are required for development projects within the Recharge Area. a. All stormwater runoff shall be retained on -site in compliance with all applicable state and local regulations. b. Any use that manufactures or stores hazardous materials/substances as defined in Section 21 - 20 shall be prohibited. c. Landfills, sludge disposal and incinerators shall be prohibited. d. Spray irrigation of treated sewage effluent may be permitted in compliance with applicable Florida Department of Environmental Protection permit criteria. e. All agricultural and/or silvicultural uses, shall employ the latest applicable Best Management Practices and Integrated pest Management Plans available from either the Soil Conservation Service and/or the Florida Department of Agriculture and Consurner Services. f. All underground storage tanks shall comply with the requirements of Chapters 62-761 and Rev. 12i27,12022240-3-A4 (Land Development Code) 4-24-4 IV-33 62-762, F.A.0 and shall be triple walled with impervious material and designed for one hundred twenty percent (120%) of the proposed capacity. g. All uses existing at the time of adoption of this Code shall come into compliance with these requirements by January 1, 2003. SECTION 21-45 - SENSITIVE HABITAT AREAS 21-45.01 - Comprehensive Plan Reference The purpose of this Section is to protect the City's significant natural resources. These regulations are Supplemental to and do not supercede applicable State and/or Federal regulations. The provisions of Section 21-45 - Sensitive Habitat Areas are consistent with and implement the Comprehensive Plan contained in the Utilities Element, Coastal Element, Conservation Element and Intergoverninental Coordination Element. 21-45.02 - Development Thresholds & Exemptions a. The Listed Species requiring protection are those described as endangered or threatened by Federal and State regulatory agencies. b. Nothing in this Section exempts any proposed development activity from complying with all appropriate State and Federal regulations. 21-45.03 - Listed Species Assessment Procedures a. When the pre -application conference for a proposed project determines the possibility of one or more listed species inhabiting a site, the applicant shall submit all assessment to the Development Services Department on the forms provided by the Department. This application shall be completed by a qualified professional and include the following: 1. The name, address and signature of the property owner; 2. The name, address and signature of the applicant; 3. A legal description of the subject property; 4. A recent property survey; 5. A description and location of the listed species found on the proposed site; 6. A description of the field surveying techniques used; and 7. Other material as may be deemed appropriate by the Development Services Director. b. When a listed species is found, the applicant may be required to submit a mitigation program to protect the listed species. The mitigation program shall be evaluated as follows: 1. Approval by Florida Fish and Wildlife Commission; 2. Provision of any permits needed from State and/or Federal agencies; 3. The dedication of a conservation easement to the City and/or any other applicable Rev. 12/2712022244.3/44 -(Land-Development _Code) - ----- --4-V44 agencies. SECTION 21-46 — OPEN SPACE 21-46.01 - Comprehensive Plan Reference The purpose of this Section is to protect the City's designated open space. These regulations are supplemented to and do not supercede applicable State and/or Federal regulations, The provisions of Section 21-46, Open Space, are consistent with and implement the Comprehensive Plan in the Future Land Use Element and the Recreation and Open Space Element. 21-46.02 - Open Space Standards a. All proposed development/redevelopment shall be designed to ensure the protection of existing designated open space areas. I b. All proposed residential development/redevelopment shall provide a minimum of twenty five percent (25%) common open space as defined in Article 11. Sections 21-47 through 21-48 reserved foi- future use. Rev. 12/27/2022-2-44,14 (Land Development Code) IV-35