2014-O-01 ORDINANCE NO. 2014-0-01
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IV (RESOURCE
PROTECTION STANDARDS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) BY REPEALING AND
RESTATING SECTION 21-40 (GENERAL PROVISIONS)
AND SECTION 21-42 (FLOOD PLAINS); 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:
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 —Municipalities,
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 Edgewater 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 Edgewater was accepted for participation in the National Flood
Insurance Program on September 3, 1980 and the City Council desires to continue to meet the
requirements of Title 44, Code of Federal Regulations, Sections 59 and 60, necessary for such
participation; and
WHEREAS, 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.
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#2014-0-01
WHEREAS, on September 8, 2008, Council adopted Ordinance #2008-0-02 which
amended and restated Chapter 21 (Land Development Code), Article IV (Resource Protection
Standards).
WHEREAS, adoption of this Ordinance will amend Article IV (Resource Protection
Standards) of Chapter 21 (Land Development Code) by repealing and restating Section 21-40
(General Provisions) and Section 21-42 (Flood Plains).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Edgewater that the following floodplain management regulations are hereby adopted.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida that the following floodplain management regulations are
hereby adopted:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IV (RESOURCE
PROTECTION STANDARDS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) BY REPEALING AND
RESTATING SECTION 21-40 (GENERAL PROVISIONS)
AND SECTION 21-42 (FLOOD PLAINS); 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.
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.
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#2014-0-01
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 relettered 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.
After Motion to approve by Councilwoman Power, with Second by Councilman Ignasiak
with the vote on the first reading of this ordinance held on January 6, 2014, as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilman Mike Ignasiak X
Councilman Gene Emter X
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After Motion to approve by iriJ ratan ti.s, , with Second by
t eunrLi,jamaatak , the vote on the second reading/public hearing of this ordinance held on
February 3, 2014, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power �(
Councilwoman Gigi Bennington �(
Councilman Mike Ignasiak �(
Councilman Gene Emter �(
PASSED AND DULY ADOPTED this 3rd day of February, 2014.
ATTEST: CITY COUNCIL OF THE
C TY OF ED . " • 1ER, , LO '+ DA
Bonnie Wenzel Mikeernif
City Clerk Mayo
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of
legality by: Aaron R. Wolfe, Esquire February, 2014 under Agenda Item No. 8 0. .
City Attorney
Doran, Sims, Wolfe & Kundid
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#2014-0-01
Exhibit "A"
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#2014-0-01
ARTICLE IV
RESOURCE PROTECTION STANDARDS
SECTION 21-40 - GENERAL PROVISIONS IV-1
21-40.01 - Purpose IV-1
SECTION 21-41 - WETLANDS IV-1
21-41.01 - Comprehensive Plan Reference IV-1
21-41.02 - Wetland Identification IV-1
21-41.03 - Permit Requirements IV-2
21-41.04 - Buffer Requirements W-2
SECTION 21-42 - FLOOD PLAINS IV-2
21-42.01 - Comprehensive Plan Reference IV-2
21-42.02 - Disclaimer of LiabilityAdministration IV-2
21-42.03 - ApplicabilityDefinitions
21-42.04 -Special Flood Hazard AreasFlood Resistant Development IV-3
21 42.05 Flood Plain Development Permit Standards IV 33
21 42.06 Variances/Appeals IV 55
SECTION 21-43 - WELLFIELD PROTECTION IV-325
21-43.01 - Comprehensive Plan Reference IV-325
21-43.02 - Designation of Wellfield Protection Zones (WPZ) IV-325
21-43.03 - Wellfield Protection Zone Permits IV-336
21-43.04 - Wellfield Protection Zone Standards IV-346
21-43.05 - Exemptions IV-347
21-43.06 - Enforcement and Appeals IV-358
SECTION 21-44 - GROUNDWATER RECHARGE AREAS IV-358
21-44.01 - Comprehensive Plan Reference IV-358
21-44.02 - Designation of Recharge Areas IV-358
21-44.03 - Recharge Area Development Standards IV-358
SECTION 21-45 - SENSITIVE HABITAT AREAS IV-369
21-45.01 - Comprehensive Plan Reference IV-361
21-45.02 - Development Thresholds& Exemptions IV-361
21-45.03 - Listed Species Assessment Procedures IV-363
SECTION 21-46—OPEN SPACE IV-371-0
21-46.01 - Comprehensive Plan Reference IV-374-9
21-46.02 - Open Space Standards IV-3748
Sections 21-47 through 21-48 reserved for future use.
Article IV
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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 the 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
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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 II on any lot or
portion thereof without obtaining a wetland 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 on 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 does 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, planting of suitable native vegetation,
removal of 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.
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. - •. s .-. •.. . . . --• - - . - s :.. .. .. . .. . , •
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21 42.03 Applicability
This Section shall apply to all areas identified as lying below the 100 year flood elevation. No
applicable regulations.
The areas of special flood hazard are identified by the Federal Emergency Management Agency
in its Flood Insurance Rate Map, which are available for review in the Development Services
a. Intent Development within flood prone areas is strongly discouraged, this provision
surrounding area that may be related to drainage, public health or public safety. • •. .
No grand fathering provisions will be allowed for lots of record, platted subdivisions, etc.
c. A development permit shall be required prior to the commencement of any development•• - . I I _ •
d. New construction, or substantial improvement, of any residential structure shall have the
lowest floor, including basement, elevated no less than one foot (1') above the base flood
elevation or crown of the paved road whichever is greater, or 16 inches (16") above an
tine
c. Exemptions/Exceptions The City will exempt any proposed development and/or
redevelopment project that results in a total volumetric encroachment not exceeding 100
. .• • - '. . . . • . . . • . . - . - 11 . - •
.
f. The on site 100 year flood elevation shall be established to the satisfaction of the City
Engineer.
1. Establishing the 100 year flood elevation may be based upon a combination of:
and regional nature; and site specific assessments signed and sealed by a
professional engineer licensed to practice in the State of Florida.
2. Projects located near the coast should evaluate any flooding effects associated
Zones A, AE, AH and AO).
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3. In the case of conflicting information, the City will rely upon the highest
justified.
/l. Under no circumstances will the City accept a 100 year flood elevation
determined by overlaying a FEMA Zone A, AE, AH or AO delineation with any
g. Construction plans and drainage basin maps shall be annotated clearly and accurately
- . ... . . - . .. . . . - . - Is . -
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. 1 foot topographic contour interval and 100 year flood elevation to one decimal
comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary as
defined by the pre development topogra.- , - - • -- - . . - . • • • . - - -
FIRM panels.
h. Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum. In the event that topographic contours
developed in the field by g survey techniques surve techni ues utilize the NAVD88 datum, or for that
matter any other vertical datum, a "datum shift" may be required to "adjust" the applicable
i. The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions and any other low areas within the property
the 100 year flood elevation and above the predicted SHGWT or SHWL.
k. Encroachments within the published flood way will not be approved under any
circumstances.
- !! .. . ... . .•. . . .. - -
1. Compliance will be based upon a volume for volume (cup for cup) methodology,
with the volume of compensation equal to the volume of encroachment at each
equal to the volume of encroachment at each elevation will provide equivalent
storm event and is intended to prevent cumulative water quantity impacts.
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above the predicted SHGWT and/or SHWL.
the existing 100 year flood plain.
that also provide stormwater management (retention and/or detention) for the
outside the property boundary on a case by case basis.
located within what the City considers a special flood hazard ar a. At the-Gityls
discretion, additional flood control measures may be required to adequately
m. Special stormwater management criteria may be enforced upon any development that
outfall (i.e. land locked basin).
•• - - - - . - ' - . • - - • - - •- . - - •
Land Development Code.
accordance to the appeals procedure contained in Article I.
21-42.02–Administration
a. General
1. Title - These regulations shall be known as the Floodplain Management
Ordinance of the City of Edgewater, hereinafter referred to as "this Section."
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.
3. Intent—Development within flood prone areas is strongly discouraged. The
purposes of this Section and the flood load and flood resistant construction
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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:
(a) Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
(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
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;
(f) 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.
5. 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
Flood Insurance Program. No guarantee of vested use, existing use,or future use
is implied or expressed by compliance with this Section.
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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 102.321-42.02b.3 of
this Section. No structure ofr land shall hereafter be located, extended, converted,
or structurally altered within identified special flood hazard areas without
compliance with the terms 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.
3. Basis for establishing flood hazard areas - The "Flood Insurance Study for{insert
ti —of County, Florida and Incorporated Areas" dated February 19.,
2014, 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.
(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. of 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 Building 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.
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4. Other laws - The provisions of this Section shall not be deemed to nullify any
provisions of local, state or federal law.
5. 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.
6. 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.
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;
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(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;
cd) 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 Code, when compliance with this Section is demonstrated, or
disapprove the same 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, 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 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
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flood resistant construction requirements of the Florida Building Code and
this Section is required.
5. Modifications of the strict application of the requirements of the Florida Building
Code - 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 10721-42.02g 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.
7. Inspections - The Floodplain Administrator shall make the required inspections as
specified in Section-49621-42.02f of this Section for development that is not
subject to the Florida Building Code, including buildings, structures and facilities
exempt from the Florida Building Code. The Floodplain Administrator shall
inspect flood hazard areas to determine if development is undertaken without
issuance of a permit.
8. 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
improvement and substantial damage made pursuant to Section 103.421-
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
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(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 for 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
of this Section, 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
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.
2. 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 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.
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(a) 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 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 hut
that has a thatched roof of palm or palmetto or other traditional
materials, and that does not incorporate any electrical, plumbing,
or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which
are prefabricated and assembled on site orpreassembled 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(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
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.
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(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 on submitted
applications, construction documents, and information 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 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.
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.
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(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 105.2(2) or (3`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)4-0-5,2{44 of this Section.
(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.
(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.
(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 SHGWT shall be determined for all
wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the
undeveloped property.
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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 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 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.
3. 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
Rev 9-11-06(LandDevelopmentCode) IV-15
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development activities that do increase base flood elevations, the applicant
shall submit such analysis to FEMA as specified in Section 105/121-
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 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 21-42.02e.4105.1 of this Section.
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 Florida Building
Code -The Floodplain Administrator shall inspect buildings, structures
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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 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
05 b)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
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 106.1.2.121-
42.02f.1.(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.
g. Variances and Appeals
1. General - -- ' . , • _. . . . . . . .-
.. - . , : . .
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Bffilding-CodeAny Variances to the requirements of this Section shall be
administered pursuant to the requirements of Section 21-100. 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..
. . ..
the Floodplain Administrator in the administration and enforcement of this
. .
.. . .• . • • • • •
: . . • • • -. • • • • V. - • - A • - - • -
the decision of the City Council may appeal such decision to the Circuit Court, as
.. . .-. ' • • 1
shall base its decisions on variances on technical justifications submitted by
- .
conditions of issuance set forth in Section 107.7 of this Section, and the
comments and recommendations of the Floodplain Administrator and the
• • .'. . • .. • . . . : . . . . -•
Section.
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
105.321-42.02e.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 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.
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 107.3.121-42.02g.2, is the minimum necessary
Rev.9-11-06(LandDevelopmentCode) IV-18
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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.
5. Considerations for issuance of variances - In reviewing requests for variances, the
Consideration shall be given to all relevant factors, all other applicable provisions
of the Florida 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;
(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.
6. 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 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
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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.
h. Violations
1. 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 Building 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.9-I 1-06(LandDevelopmentCode) IV-20
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condition, shall be subject to penalties as prescribed Eby la or, at minimum, as
pr -in Section 1-8 of the City Code of ordinances regarding "General
Penalty, continuing violations".
21-42.023—Definitions
a. General
1. Scope - Unless otherwise expressly stated, the following words and terms 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.
3. 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
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.
Appeal- 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 Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
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."
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.]
Basement- The portion of a building having its floor subgrade (below ground level)on all sides.
fAlso defined in FBC, B, Section 1612.2.]
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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.
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 building and existing structure -Any buildings and structures for which the "start of
construction" commenced before September 3, 1980. [Also defined in FBC, B, Section 1612.2.1
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 September 3, 1980.
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).
Federal Emergency Management Agency (FEMA) - The 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 1612.2.1
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials- Any construction material capable of withstanding direct and
Rev.9-11-06(LandDevelopmentCode) IV-22
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prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area- The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.1
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 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 1612.2.1
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.]
Floodplain Administrator-The office or position designated and charged with the administration
and enforcement of this Section(may be referred to as the Floodplain Manager).
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 Section.
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 1612.2.1
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.
Florida Building Code -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.
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
Rev 9-11-06(LandDevelopmentCode) IV-23
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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.
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 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.
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 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 planimetric 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 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
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.
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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 the non-elevation requirements of the
Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.1
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-1.0101, F.A.C.]
Manufactured home park or subdivision - A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
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 Section, 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.
New construction - For the purposes of administration of this Section and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after September 3, 1980 and includes any subsequent
improvements to such structures.
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 September 3,
1980.
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 320.01, F.S.]
Recreational vehicle - A vehicle, including a park trailer, which is: [see 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
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4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping,travel, or seasonal use.
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 FIRMs as Zone A,AO,
Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.1
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 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.]
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.]
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.
Variance -A grant of relief from the requirements of this Section, 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 Section or the Florida Building Code.
Watercourse -A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
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21-42.043—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 computed for all fill placed
within the special flood hazard area below the base flood elevation and above the
predicted SHGWT or SHWL
2. Compliance will be based upon a volume for volume (cup 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 management 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 on 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
1. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code - Pursuant to Section 1011.2.121-42.02d.2.(a)of this Section,
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 3&721-42.04h of this Section.
bc. Subdivisions
1. 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
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vA ill 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.
2. 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 -2-(4421-42.02e.2.(a)
of this Section; and
(c) Compliance with the site improvement and utilities requirements of
Section 0321-42.04d of this Section.
ed. 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.,
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.
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 systems.
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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 '0 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
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.
de. Manufactured Homes
1. General All- 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 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 Code Residential Section R322.2 and this Section.
3. Anchoring All 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- Manufactured homes that are placed, replaced, or substantially
improved shall comply with Section 301.1.1 or 301/1.221-42.04e.4.(a) or (b) of
this Section, as applicable.
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(a) General elevation requirement - Unless subject to the requirements of
Section 21-42.04e.4.(b)30'1.4.2 of this Section, 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).
(b) Elevation requirement for certain existing manufactured home parks and
subdivisions- Manufactured homes that are not subject to Section 21-
42.04e.4.(b)304.4.1 of this Section, including manufactured homes that are
placed, replaced, or substantially improved on sites located in an existing
manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that
either the:
(1) Bottom of the frame of the manufactured home is at or above the
elevation required in the Florida Building Code, Residential
Section R322.2 (Zone A); or
(2) Bottom of the frame is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less
than 36 inches in height above grade.
5. Enclosures - Enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for
such enclosed areas.
6. 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.
ef. 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
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no permanent attachments such as additions, rooms, stairs, decks and
porches.
2. Permanent placement - Recreational vehicles and park trailers that do not meet the
limitations in Section 305.121-42.04E1 of this Section for temporary placement
shall meet the requirements of Section 3-0421-42.04e of this Section for
manufactured homes.
€g. Tanks
1. Underground tanks Underground- 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.
2. Above-ground tanks, not elevated Abovc- Above-ground tanks that do not meet
the elevation requirements of Section 306.321-42.04g.3 of this Section shall be
permitted in flood hazard areas-preN4dedareas 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- 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
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.
rh. 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 Florida Building Code, shall:
(a) Be located and constructed to minimize flood damage;
(b) Meet the limitations of Section 303.121-42.04d.4 of this Section if located
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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.
2. Fences in regulated floodways Fences- 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.4303.4 of this
Section.
3. Retaining walls, sidewalks and driveways in regulated floodways—Retaining-
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of Section 21-42.04d.4303.4 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 .3( }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')
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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.
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. The 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:
1. 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
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operating plan.
g. Any person owning or operating a non-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
wellfield protection zone. In assessing the impacts of a proposed activity, the City shall
consider the cumulative impacts of other projects 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 17-761, F.A.C.
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
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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.
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 I.
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 II, 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
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IV-35
Practices and Integrated pest Management Plans available from either the Soil Conservation
Service and/or the Florida Department of Agriculture and Consumer Services.
f. All underground storage tanks shall comply with the requirements of Chapters 62-761 and
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 Intergovernmental 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 an 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;
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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
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.
b. All proposed residential development/redevelopment shall provide a minimum of twenty five
percent (25%) common open space as defined in Article II.
Sections 21-47 through 21-48 reserved for future use.
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