The purpose of this article is to identify those natural resources and areas of a development site that shall be protected from the harmful effects of development. The provisions of this article shall be applied to a proposed development site before any other development design work is done. Application of the provisions of this article divide a proposed development site into areas that may be developed and areas that must generally be left free of development. The proposed development should then be designed to fit within the areas that may be developed. It is the goal of the City to ensure the layout and design of development protects the natural features of a development site and important natural resources; create an aesthetically pleasing environment by maintaining a high standard of living for quality development within the City limits; and protect the health, safety, and welfare of the City's residents.

In addition to complying with the following protection standards, development plans and permits shall comply with all applicable federal, state, and local laws, rules, and regulations relating to environmentally sensitive lands.

A.

No development shall be undertaken in any environmentally sensitive areas except as expressly provided in this article.

B.

Activities within environmentally sensitive areas may not be undertaken unless it is demonstrated by competent and substantial evidence that the specific activity will not have a significant adverse effect on the environmentally sensitive area. Some activities which may have an insignificant adverse effect on environmentally sensitive areas including but not limited to scenic, historic, wildlife, or scientific preserves include the following:

a.

Minor maintenance or emergency repair to existing structures or improved areas.

b.

Cleared walking trails having no structural components, including those along lake shores.

c.

Timber catwalks, docks, and trail bridges that are less than or equal to four feet wide, provided that no filling, flooding, dredging, draining, ditching, tiling or excavating is done, except limited filling and excavating necessary for the installation of pilings.

d.

Recreational fishing or hunting, and creation and maintenance of temporary blinds.

e.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

f.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any federal, state, or local rule, regulation, or statute, or this LDC.

1.

The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water or hydroperiodicity necessary to sustain wetland structure and function. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the feasibility of restoring the altered hydrology shall be determined.

2.

If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this LDC.

g.

Developing a "wetlands stormwater discharge facility" or "treatment wetland" in accordance with state permits received under Ch. 62-25, FAC.

h.

Clearing of shoreline vegetation waterward of the water's edge, so as to provide a corridor not to exceed 15 feet in width, of sufficient length from the shore to allow access for a boat or swimmer to reach open water, and landward of the water's edge so as to provide an open area not to exceed 30 feet in width. (One additional corridor may be cleared for every full 100 feet of frontage along the water's edge above and beyond the first 100 feet.) Clearing activities shall comply with all other provisions of this LDC.

It is the purpose of this section to provide standards to protect wetlands in the City in ways that are consistent with state law.

A.

There is hereby created a "conservation district" in which special restrictions on development apply.

B.

The boundaries of this district shall be the most landward extent of the following:

1.

Areas within the dredge and fill jurisdiction of the Department of Environmental Protection (DEP) as authorized by Ch. 403, Fla. Stat.

2.

Areas within the jurisdiction of the U.S. Army Corps of Engineers (USACE) as authorized by 33 U.S.C. Sec. 1344 (Sec. 404, Clean Water Act), or 33 U.S.C. 403 (Sec. 10, Rivers and Harbors Act.)

3.

Areas within the jurisdiction of the St. Johns River Water Management District (SJRWMD.)

The line demarcating the boundary of the conservation district shall be established through the issuance of a management storage of surface water (MSSW) or isolated wetland permit through the SJRWMD utilizing the wetland indicators as outlined in Section 16.1 in the "Applicant's Handbook, Management and Storage of Surface Waters," SJRWMD.

Development within the conservation district shall be allowed only in accordance with the appropriate SJRWMD, DEP, or USACE permits required for development.

A.

Generally. Prior to initiating peat excavation in a conservation district, a development plan shall be submitted and approved in accordance with Sec. 2.5.2.A, Development Plan (Major and Minor). Approval shall be given for peat excavation if a complete environmental assessment indicates that the excavation will be beneficial to the lake or wetland ecosystem.

B.

Reclamation Plan. A reclamation plan is required prior to approval of excavation and must meet the following standards and guidelines:

1.

Submittal Requirements. The application for a development plan shall include a reclamation proposal which includes the following:

a.

A description of the type and functions of the conservation district to be impacted by the proposed excavation, which shall include its acreage, flora, fauna, and hydrologic regime.

b.

A list of all plant and animal species listed as endangered or threatened (in accordance with Ch. 581, Fla. Stat., and Rules 68A-27.003 and 68-27.004, FAC) which utilize the area and an evaluation of the probable significance of the area to the listed species.

c.

A design for and a description of the area proposed for restoration, which shall include its acreage, species to be planted, plant density, source of plants, soils, and hydrologic regime.

d.

A description of the monitoring and maintenance program defining specific timetables for excavation activities and reclamation procedures.

e.

An itemized cost estimate of the implementation cost of reclamation in accordance with this LDC.

f.

Proof of financial responsibility.

g.

Additional information as may be required by the Director to evaluate the reclamation plan.

2.

Evaluation Requirements. The degree of impact to wetland functions, whether the impact to these functions can be restored, and the feasibility of cost-effective design alternatives which could avoid impact are all factors in determining whether a proposed reclamation measure will be acceptable. In addition, an evaluation of the anticipated post development viability and function performance will be considered utilizing accepted scientific methods as an alternative.

3.

Monitoring and Maintenance. The applicant shall provide a monitoring and maintenance program for reclamation activities. The length and complexity of monitoring will not be less than one year with an 85 percent survival rate for all planted areas.

4.

Performance Guarantees. The applicant shall provide reasonable assurance that the entity proposing the peat excavation has the financial and institutional stability to carry out the reclamation, monitoring, and maintenance requirements. Reasonable assurance can be provided in the form of a surety bond posted by the applicant to the City prior to the disturbance of the conservation district in the amount of 110 percent of the cost estimate of the proposed reclamation, maintenance, and monitoring plan. Other forms of reasonable assurance may include a performance guarantee as part of a project construction guarantee, cash bond, or letter of credit from a financial institution, or performance prior to wetland impacts.

5.

Additional Requirements. The applicant shall provide other items that may be required by the review body, as appropriate, to provide reasonable assurance that the reclamation plan requirements are met.

It is the purpose of this section to provide standards to protect the habitats of endangered, threatened, or species of special concern, both flora and fauna, in the City. It is the intent of this section to require that an appropriate amount of land be set-aside to protect habitat of such species.

A.

A habitat survey shall accompany all applications for developments of ten acres or more. The survey shall be prepared by using the methodology for DRIs recommended by the Florida Fish and Wildlife Conservation Commission The survey shall include listings of all potential listed species, population estimates, and occupied habitat boundaries. A map and narrative shall describe the methodology as applied, and the findings. The mapped information shall be at the same scale as the development plan.

B.

Surveys and management plans are not required for developments of less than ten acres or less than two acres of impervious surface, or development consistent with a valid vested rights determination.

C.

A habitat survey shall be evaluated and scored based on the criteria in Table 6.2.2.C: Habitat Listing Criteria. Where a listed species is present and the site achieves a total rating of 169 or higher, preservation is required through an easement of an area which will sustain a viable population of the identified species. If the site rates less than 169, and a listed species is present, mitigation measures or relocation of the identified species shall be allowed on a case-by-case basis.

A.

A management plan shall be required prior to the issuance of a final development order if endangered, threatened, or species of special concern are found on the property, unless exempted by this LDC. The management plan shall be subject to final approval by the City Council, after receipt of recommendation from the Florida Fish and Wildlife Commission.

B.

Management plans shall include the following:

1.

A one inch equals 300 feet aerial map and map at the scale of the map submitted with the development application that includes the following:

a.

Habitat classifications depicted by using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) administered by FDOT.

b.

The location of individual species, nest sites, dens, burrows, feeding locations, roosting and perching areas, and trails, as appropriate.

c.

Areas to be preserved, including habitat and buffers.

2.

Proposed management and monitoring activities

3.

An action plan with specific implementation activities, costs schedules, and assignment of responsibilities.

4.

Reasonable assurance that the applicant has the financial and institutional ability to carry out the management, monitoring, and maintenance plan requirements.

C.

Habitat preservation zones shall be established which include all occupied habitat of listed species.

D.

Occupied habitat preservation buffer zone boundaries shall be established parallel to all occupied habitat zones, and shall extend at a distance appropriate to protect the habitat and species.

E.

The habitat preservation zone(s) and the occupied habitat preservation buffer zone(s) shall remain free of all development, except development which will not cause degradation of the species or its habitat existing on the site. The standard of review shall be no material degradation of the occupied habitat. The habitat preservation zone(s) shall be identified on all associated applications and all maps and plats. A conservation tract shall be established which dedicates development rights to the City for the preserved property as a condition of the final development order approval, unless the City Council determines it would not be logistically or economically feasible for the City to accept the tract.

F.

In the event that the adjacent parcel includes conservation tracts or easements or other public interest in the land, effort shall be made to connect the areas to provide wildlife corridors.

G.

In cases where guidelines have been prepared by the Florida Fish and Wildlife Commission for a listed species, those guidelines shall be utilized in the preparation of the management plan.

H.

If the Florida Fish and Wildlife Commission fails to review any plan in conjunction with City staff within allotted time schedules, determinations shall be made without the benefit of the Commission's expertise.

I.

Approval of the management plan shall include conditions identifying the applicant or the applicant's successor-in-interest as the persons responsible for all aspects of the implementation of the management plan. A monitoring report as to the conditions of the habitat and management techniques applied to the habitat shall be submitted to the Director for review on an annual basis for five consecutive years from the date that the management plan is approved by the City Council.

Should preservation of an identified listed species habitat prove to be environmentally, economically, or technologically unfeasible, mitigation measures such as off-site land banking may be considered as an acceptable alternative. The appropriateness and specific requirements for land mitigation shall be evaluated on a case-by-case basis and shall require approval from City Council.

The purpose of these standards is to ensure the protection and development of the State-established Wekiva Protection Area in conformance with State plans and standards and City goals.

The Wekiva Protection Area is a state-established protection area, defined as those lands within: Township 18 South Range 29 East; Township 19 South Range 28 East, less those lands lying west of a line formed by County Road 437, State Road 46, and County Road 435; Township 19 South Range 29 East; Township 20 South Range 28 East, less all lands lying west of County Road 435; and Township 20 South Range 29 East, less all those lands east of Longwood Markham Road, or as amended by the State.

A.

Except as exempted in B below, all development within the Wekiva Protection Area shall comply with the requirements of this section and this LDC.

B.

The following is exempted from the requirements of this section:

1.

Development that has received a valid vested rights approval in accordance with Sec. 2.5.5.C, Vested Rights Determination.

2.

Lawful uses of property, building and structures that existed on March 6, 2019 which shall not be required to be removed or otherwise modified. Additionally, the destruction of or temporary discontinuation of any such uses, buildings or structures shall not prohibit their renewed use or reconstruction of the building or structure, as long as they are reconstructed in their preexisting form. The burden shall be on the property owner to demonstrate that existing land uses, buildings and structures are exempted in accordance with this subsection.

A.

Buffer Zone Established. In accordance with state law and this section, a buffer zone is hereby established 550 feet from the landward limit of waters of the state as defined in Ch. 403, Fla. Stat., or the edge of the Wekiva River, or from the landward edge of the wetlands associated with the Wekiva River, whichever is greatest.

B.

General Standards Within the Wekiva Protection Area

1.

The density and intensity of permitted development should be clustered or concentrated on those portions of the parcel or parcels which are furthest from the surface waters and wetlands of the Wekiva River system.

2.

Development within the 100-year Base Flood Elevation shall minimize the clearance of native vegetation. Clearing of vegetation shall only be permitted where it is necessary for roads, utilities, or pedestrian access routes approved by the City as part of a development approval. Prior to construction plan submittal, a vegetation clearing plan shall be submitted to the Director for review and approval.

3.

Septic tank use is prohibited.

4.

Development which has the potential to degrade groundwater quality is prohibited.

5.

Required landscaping shall include native plant species and blend into nearby natural areas.

6.

Understory vegetation shall be preserved to the greatest extent practical, in order to preserve and maintain wildlife habitat.

The purpose of these groundwater protection standards is to safeguard the health, safety, and welfare of the citizens of the City. This is accomplished through ensuring the protection of the principal source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance to the future of the City. Consequentially, the intent of this section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

This section is applicable to all lands in the Wellhead Protection Zone established in Sec. 6.5.3, Wellhead Protection Zone Established, below.

A.

Designation. All land within a 200 foot radius of wellheads with a permitted capacity of 100,000 gpd or more ("protected wellheads") is established as a wellhead protection zone. The wellhead protection zone may also be referred to as the "zone of exclusion."

B.

Restriction on Development. The following uses and development activities are prohibited within the wellhead protection zone:

1.

Landfills.

2.

Facilities for the bulk storage, handling or processing of hazardous materials as defined by the State.

3.

Activities that require the storage, use, handling, production or transportation of restricted substances. This includes: agriculture chemicals, petroleum products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc., including but not limited to those defined by the U.S. Resource Conservation and Recovery Act as implemented by the EPA.

4.

Feedlots or other concentrated animal facilities.

5.

Wastewater treatment plants, percolation ponds, and similar facilities.

6.

Mines.

7.

Excavation of waterways or drainage facilities which intersect the water table.

A.

Title. These regulations under Sec. 6.6, Floodplains of the LDC shall be known as the Floodplain Management Ordinance of the City of Apopka, hereinafter referred to as "this Section."

B.

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.

C.

Intent. The purposes of this Section and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

1.

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

2.

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

3.

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

4.

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

5.

Minimize damage to public and private facilities and utilities;

6.

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

7.

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

8.

Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

D.

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.

E.

Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance.

F.

Disclaimer of Liability. This ordinance shall not create liability on the part of the City Council of the City of Apopka or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder.

A.

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

B.

Areas To Which This Section Applies. This Section shall apply to all flood hazard areas within the City of Apopka, as established in C, below.

C.

Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for Orange County, Florida and Incorporated Areas dated September 24, 2021, 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 Community Development Department, 120 East Main Street, 2nd Floor, Apopka, Florida 32703.

D.

Submission of Additional Data to Establish Flood Hazard Areas. To establish flood hazard areas and base flood elevations, pursuant to Sec. 6.6.5, Site Plans and Construction Documents, 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.

E.

Other Laws. The provisions of this Section shall not be deemed to nullify any provisions of local, state or federal law.

F.

Abrogation and Greater Restrictions. This Section supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Section and any other ordinance, the more restrictive shall govern. This Section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Section.

G.

Interpretation. In the interpretation and application of this Section, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2862, § I, 8-18-2021)

A.

Designation. The City Engineer is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

B.

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 Sec. 6.6.7, Variances and Appeals.

C.

Applications and Permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:

1.

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

2.

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this Section;

3.

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;

4.

Provide available flood elevation and flood hazard information;

5.

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

6.

Review applications to determine whether proposed development will be reasonably safe from flooding;

7.

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

8.

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.

D.

Substantial Improvement and Substantial Damage Determination. 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:

1.

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;

2.

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;

3.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

4.

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this Section is required.

E.

Modification 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 Sec. 6.6.7, Variances and Appeals.

F.

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.

G.

Inspections. The Floodplain Administrator shall make the required inspections as specified in Sec. 6.6.6, Inspections, 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.

H.

Other Duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to:

1.

Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Sec. 6.6.3.D, Substantial Improvement and Substantial Damage Determination;

2.

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);

3.

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;

4.

Review required design certifications and documentation of elevations specified by this Section and the Florida Building Code to determine that such certifications and documentations are complete; and

5.

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Apopka are modified.

I.

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 Map 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 Community Development Department, 120 East Main Street, 2nd Floor, Apopka, Florida 32703.

A.

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.

B.

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.

C.

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 Sec. 604.50, Fla. Stat.

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 Sec. 366.02, Fla. Stat., 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 or preassembled 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 Sec. 553.73(10)(k), Fla. Stat., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps

D.

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:

1.

Identify and describe the development to be covered by the permit or approval.

2.

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.

3.

Indicate the use and occupancy for which the proposed development is intended.

4.

Be accompanied by a site plan or construction documents as specified in Sec. 6.6.5, Site Plans and Construction Documents.

5.

State the valuation of the proposed work.

6.

Be signed by the applicant or the applicant's authorized agent.

7.

Give such other data and information as required by the Floodplain Administrator.

E.

Validity of a 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 this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.

F.

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.

G.

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 this community.

H.

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:

1.

The St. Johns River Water Management District; Sec. 373.036, Fla. Stat.

2.

Florida Department of Health for onsite sewage treatment and disposal systems; Sec. 381.0065, Fla. Stat. and Chapter 64E-6, F.A.C.

3.

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Sec. 161.055, Fla. Stat.

4.

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.

5.

Federal permits and approvals.

A.

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:

1.

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.

2.

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 Sec. 6.6.5.B.2 or Sec. 6.6.5.B.3.

3.

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 Sec. 6.6.5.B.1.

4.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

5.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

6.

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.

7.

Existing and proposed alignment of any proposed alteration of a watercourse.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this 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.

B.

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:

1.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

2.

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.

3.

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:

a.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

b.

Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

4.

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.

C.

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:

1.

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Sec. 6.6.5.D, Submission of Additional Data, and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

2.

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 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.

3.

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 Sec. 6.6.5.D, Submission of Additional Data.

D.

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.

A.

General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

B.

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.

C.

Buildings Structures, and Facilities Exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this Section and the conditions of issued floodplain development permits or approvals.

D.

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:

1.

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

2.

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Sec. 6.6.5.B.3.b, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

E.

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 Sec. 6.6.6.D, Buildings Structures, and Facilities Exempt from the Florida Building Code, Lowest Floor Inspection.

F.

Manufactured Homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator.

A.

General. The City Council shall hear and decide on requests for appeals and requests for variances from the strict application of this Section. Pursuant to Sec. 553.73(5), Fla. Stat., the City Council shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code.

B.

Appeals. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this Section. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes.

C.

Limitations on Authority to Grant Variances. The City Council shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in subsection G, below, the conditions of issuance set forth in subsection H, below, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Council has the right to attach such conditions as it deems necessary to further the purposes and objectives of this Section.

D.

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 Sec. 6.6.5.C, Additional Analyses and Certifications.

E.

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 12 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.

F.

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 subsection D, above, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

G.

Considerations for Issuance of Variances. In reviewing requests for variances, the City Council shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Section, and the following:

1.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

4.

The importance of the services provided by the proposed development to the community;

5.

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

6.

The compatibility of the proposed development with existing and anticipated development;

7.

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

8.

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

9.

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

10.

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.

H.

Conditions for Issuance of Variances. Variances shall be issued only upon:

1.

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;

2.

Determination by the City Council that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

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

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

3.

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

4.

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.

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.

A.

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.

B.

Unlawful Continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

A.

Design and Construction of Buildings, Structures and Facilities Exempt from the Florida Building Code. Pursuant to Sec. 6.6.4.C, Buildings, Structures, and Facilities Exempt from the Florida Building Code, 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 Sec. 6.6.15, Other Development.

B.

Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used for parking or storage, and:

1.

Are one-story and not larger than 600 sq. ft.

2.

Have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

3.

Are anchored to resist flotation, collapse, or lateral movement resulting from flood loads.

4.

Have flood damage-resistant materials used below the base flood elevation plus one foot.

5.

Have mechanical, plumbing, and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot.

(Ord. No. 2862, § II, 8-18-2021)

A.

Minimum Requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

1.

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

2.

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

3.

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.

B.

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:

1.

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

2.

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 Sec. 6.6.5.B.1; and

3.

Compliance with the site improvement and utilities requirements of Sec. 6.6.11, Site Improvements, Utilities and Limitations.

4.

Each lot must include a site suitable for constructing a structure in conformity with the standards of these flood damage prevention regulations.

A.

Minimum Requirements. All proposed new development shall be reviewed to determine that:

1.

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

2.

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

3.

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.

B.

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.

C.

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.

D.

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 Sec. 6.6.5.C.1 demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

E.

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.

F.

Compensatory storage. Compensatory storage for all fill in special flood hazard areas must be provided in accordance with the following requirements:

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 and every elevation (one-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quantity impacts.

2.

Compensatory storage creation must occur below the existing base flood elevation and above the estimated seasonal high groundwater table.

3.

Compensatory storage must occur within dedicated storage areas excavated contiguous to the existing special flood hazard area.

4.

Under no circumstances will compensatory storage be allowed within ponds that also provide stormwater management (retention or detention) for the proposed development.

5.

The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis.

6.

The City reserves the right to enforce additional criteria upon any project that is located within what the County 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, or off-site properties.

7.

Floodplain encroachment must be computed for all fill placed within the special flood hazard area below the base flood elevation and above the estimated seasonal high groundwater table.

(Ord. No. 2862, § III, 8-18-2021)

A.

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Sec. 320.8249, Fla. Stat., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this Section.

B.

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.

C.

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

D.

Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas 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).

E.

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential, Section R322.2 for such enclosed areas.

F.

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.

(Ord. No. 2862, § IV, 8-18-2021)

A.

Temporary Placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

1.

Be on the site for fewer than 180 consecutive days; or

2.

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

B.

Permanent Placement. Recreational vehicles and park trailers that do not meet the limitations in subsection A, above, for temporary placement shall meet the requirements of Sec. 6.6.12, Manufactured Homes.

A.

Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

B.

Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation requirements of Sec. 6.6.14.C, Above-Ground Tanks, Elevated, shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

C.

Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to 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.

D.

Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:

1.

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

2.

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

A.

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:

1.

Be located and constructed to minimize flood damage;

2.

Meet the limitations of Sec. 6.6.11.D, Limitations on Sites in Regulatory Floodways, if located in a regulated floodway;

3.

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

4.

Be constructed of flood damage-resistant materials; and

5.

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, 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.

B.

Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Sec. 6.6.11.D, Limitations on Sites in Regulatory Floodways.

C.

Retaining Walls, Sidewalks, and Driveways in Regulated Floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Sec. 6.6.11.D, Limitations on Sites in Regulatory Floodways.

D.

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 Sec. 6.6.11.D, Limitations on Sites in Regulatory Floodways. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Sec. 6.6.5.C, Additional Analyses and Certifications.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown below. Where terms are not defined in this section and are defined in the Florida Building Code or Land Development Code, such terms shall have the meanings ascribed to them in the Florida Building Code or Land Development Code.

Accessory structure. A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures typically constitute a minimal investment, are not to be used for human habitation, and are designed to have minimal flood damage potential. Examples of accessory structures include but are not limited to detached garages, carports, storage sheds on permanent foundations, storage sheds on skids, pole barns, or hay sheds.

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this section.

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 one percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] 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 202.]

Cost. For the purpose of making substantial improvement and substantial damage determinations, cost means the complete costs to construct proposed improvements and the complete costs to repair damage to pre-damage condition. Complete costs include the cost of all materials, labor, and other items necessary to perform the proposed work. The cost of labor includes estimates of owner and volunteer labor using market value or going rate for labor, and the cost of materials includes estimates of donated or discounted materials based on market value of the materials. For guidance on costs that must be included and costs that may be excluded, see FEMA P-758, Substantial Improvement and Substantial Damage Desk Reference.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.] (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 two feet. [Also defined in FBC, B, Section 202.]

Development or development activity. 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.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]

Flood hazard area. The greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. [Also defined in FBC, B, Section 202.]

Flood Insurance Rate Map (FIRM). The official map of a community on which the Federal Emergency Management Agency ("FEMA") has delineated both the special hazard areas and the risk premium zones applicable to the community.

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).

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 foot. [Also defined in FBC, B, Section 202.]

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.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities.

Hardship. As related to variances from this division, means the exceptional hardship associated with the land that would result from a failure to grant the requested variance and must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

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 12 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:

•

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.

•

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.

•

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.

•

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.

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 202.]

New construction. Structures for which the "start of construction" commenced on or after September 29, 1978 and includes any subsequent improvements to such structures.

Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V. [Also defined in FBC, B Section 202.]

Start of construction. The date of issuance of permits for new construction and substantial improvements, 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, or 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.

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 202.]

Substantial improvement. Repair, reconstruction, rehabilitation, alteration, 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 (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; or (2) any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. [Also defined in FBC, B, Section 202.]

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.

(Ord. No. 2862, § V, 8-18-2021)

A.

No drainage system, natural or manmade, shall be altered, designed, constructed, abandoned, restricted or removed without prior approval of the City and all appropriate State and federal agencies. Where any applicant proposes to construct any facility, the applicant must demonstrate that his project will not adversely impact drainage of any other landowner.

B.

No subdivision shall be platted nor shall construction commence for any multifamily, commercial, industrial, or institutional development until the drainage design for such project is approved by the City Engineer. The drainage design plans and calculations for the project shall be prepared, signed and sealed by a registered professional engineer. The design shall equal or exceed the design standards in this section and the policies and procedures and design standards established by the SJRWMD, FDEP, and FDOT.

All subdivisions, multifamily, and nonresidential projects must provide for retention and/or detention of stormwater runoff.

A.

The post development peak rate of discharge shall not exceed the predevelopment peak rate of discharge for the 25-year, 24-hour storm.

B.

Pollution abatement volume shall be in accordance with SJRWMD criteria.

C.

Finished floor slab elevations of all habitable structures shall be constructed in accordance with the Florida Building Code.

D.

All drainage discharge structures and bleed-down devices shall be designed in accordance with SJRWMD criteria.

E.

The City shall receive a copy of the SJRWMD permit before the City grants an approval of final engineering plans.

F.

The 25-year/24-hour rainfall amount of 8.6 inches and the 100-year/24-hours rainfall amount of 11.8 inches shall be used in runoff calculations.

G.

All retention ponds and detention ponds shall be designed as dry bottom ponds unless otherwise approved by City Council.

H.

Retention ponds and detention ponds shall meet the following requirements based on type:

1.

Design criteria for pollution abatement utilizing retention or detention with filtration:

a.

The bottom of a required retention or detention with filtration pond shall be a minimum of three feet above the estimated seasonal high water table. Where this is not possible due to a high water table, underdrains shall be installed with a minimum invert elevation of one foot below the pond bottom, along the entire perimeter of the pond, unless a geotechnical engineer can show to the satisfaction of the City Engineer that a lesser amount of underdrain can adequately control the high water table.

b.

Final design seepage rates shall be determined by a geotechnical engineer. All necessary calculations to support the above shall be submitted to the City Engineer.

2.

Design criteria of detention facilities to reduce peak rate of flow for a 25-year/24-hour storm event:

a.

The detention pond shall be sized to limit the peak rate of discharge from the developed site to that discharge generated prior to development. Supporting calculations shall be submitted and will contain, as a minimum, runoff hydrographs for the predeveloped site and the post developed site, and a discharge hydrograph after routing through the proposed detention facility. All routing calculations to be submitted must consider the tailwater of the receiving facility. If the receiving facility is an existing storm sewer, the hydraulic gradient line elevation (HGL) of this receiving facility can be assumed at one-half foot below its gutter in elevation unless a detailed study of the existing system indicates otherwise.

b.

Credit for seepage to further reduce the peak rate of discharge will not be allowed unless accompanied by supporting documentation prepared by a geotechnical engineer.

c.

All detention ponds shall be dry within 72 hours following the storm event.

3.

Design criteria where a positive outfall is not available:

a.

When a positive outfall is not available for stormwater discharge, the on-site pond shall be designed to retain the 100-year storm event. The pond shall be designed to evacuate a daily volume equivalent to one inch of runoff from the total area contributing to the pond. The pond shall be dry within 11 days following the storm event. If geotechnical data certified by a geotechnical engineer is submitted showing that an 11-day drawdown is impossible to achieve, City Council approval is required.

b.

When the project discharges to landlocked lakes that have no positive outfall which are adjacent to properties of one ownership, on-site detention ponds shall be designed to accommodate the pollution abatement volume as required by the SJRWMD from the developed site prior to discharge. At the request of the City Engineer, the certifying engineer may be required to demonstrate to the satisfaction of the City Engineer any impact of runoff from the developed site upon the landlocked lake(s).

c.

When the project discharges to landlocked lakes that have no positive outfall, which are adjacent to properties of more than one ownership, on-site retention ponds shall be designed to accommodate the 100-year/24-hours storm (11.8 inches of rainfall). The certifying engineering may be required at the request of the City Engineer to demonstrate to the satisfaction of the City Engineer any impact of runoff from the developed site upon the landlocked lake(s).

(Ord. No. 2775, § XII, 7-15-2020; Ord. No. 2862, § VI, 8-18-2021)

Soils reports indicating high water table, permeability rate, and verifying the HSG classification of soils existing on the site and referenced in stormwater calculations shall be submitted to the City Engineer. Soils reports shall be prepared, signed, and sealed by a geotechnical engineer registered in the State of Florida.

A.

Fencing for retention ponds and detention ponds shall be provided as follows:

1.

All retention ponds and detention ponds shall be fenced unless they can meet one of the following conditions identified in Table 6.7.4.A.1: Maximum Slope and Excavation Depth.

2.

All required fencing shall be of a decorative type and shall be in keeping with the required buffer treatments, character, and/or architecture of the project, if applicable. The requirements for the decorative elements of the fencing shall be determined on a case by case basis dependent upon the nature of the project. Recommendations shall be provided by the DRC, with a final determination to be made by the City Council. The DRC may make the final determination in reviewing applicable redevelopment plans. Chain-link and/or stockade fencing shall be prohibited, unless a waiver is granted by City Council.

3.

The fencing treatment selected shall provide adequate security to ensure the health, safety, and welfare of the public. Evidence to this effect shall be provided with all stormwater plans.

B.

Ponds shall be configured in a curvilinear manner.

C.

Ponds constructed on slopes will be evaluated on a case-by-case basis.

D.

The minimum bottom width and/or length of any pond shall be four feet.

E.

All ponds shall have a minimum one foot of freeboard to the design high water resulting from the design storm.

F.

The minimum width requirements for maintenance berms are as follows:

1.

Ponds with fencing: Ten feet around pond perimeter.

2.

Ponds without fencing: Five feet around pond perimeter.

(Ord. No. 2775, § XIII, 7-15-2020)

Editor's note— Ord. No. 2862, § VII, adopted August 18, 2021, repealed LDC § 6.7.5, which pertained to development within special flood hazard area (100-year flood) and derived from Ord. No. 2700, adopted March 6, 2019.

A.

Design Discharges. Storm sewer system design shall be based upon a ten-year-frequency event. The system shall be designed to handle the flows from the contributory area within the proposed subdivision. Then, the system shall be analyzed a second time to insure that any off-site flows can also be accommodated. This second analysis shall consider the relative timing of the on-site and the off-site flows in determining the adequacy of the designed system.

B.

Pipe Size

1.

The minimum size of pipe to be used in storm sewer systems is 15 inches.

2.

Designs shall be based upon six-inch increments in sizes above 18 inches.

3.

The maximum runs of pipe identified in Table: 6.7.6.B.3: Maximum Pipe Size and Run, shall be used when spacing access structures of any type.

C.

Pipe Grade. All storm sewers shall be designed and constructed to produce a minimum velocity of 2.5 feet per second (fps) when flowing full. No storm sewer system or portion thereof shall be designed to produce velocities in excess of 20 fps for reinforced concrete pipe or ten fps for metal pipe, providing that the outlet ends have sufficient erosion protection and/or energy dissipaters.

D.

Inlets

1.

Inlets, including manholes, must accept 100 percent of the runoff flow in the inlet's direction.

2.

The maximum allowable gutter run is 1,200 feet for standard curb and gutter.

E.

Design Tailwater. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility. In the case where the detention pond is the receiving facility, the design tailwater level can be estimated from the information generated by routing through the pond the hydrograph resulting from a ten-year frequency storm of duration equal to that used in designing the pond. The design tailwater level can be assumed to be the ten-year pond level corresponding to the time at which peak inflow occurs from the storm sewer into the pond. In-lieu of the above detailed analysis, however, a simpler design tailwater estimate can be obtained by averaging the established 25-year design high-water elevation for the pond and the pond bottom elevation for "dry bottom" ponds or the normal water elevation for "wet bottom" ponds.

A.

General

1.

The hydraulic gradient line for the storm sewer system shall be computed taking into consideration the design tailwater on the system, and the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catchbasins, and junctions within the system.

2.

The energy losses associated with the turbulence in the individual manholes are minor for an open channel or gravity storm sewer system and can typically be overcome by adjusting (increasing) the upstream pipe invert elevation in a manhole by a small amount. However, the energy losses associated with the turbulence in the individual manholes can be significant for a pressure or surcharged storm sewer system and must be accounted for in establishing a reasonable hydraulic gradient line.

B.

Design Storm Frequency. The design storm frequency to be utilized for the design of pavement drainage shall be as follows:

1.

Arterial streets: Ten-year, hydraulic gradient line, 1.0 feet below gutter line.

2.

Collector and local streets: Ten-year, hydraulic gradient line, 0.5 feet below gutter line.