4.1.1. Purpose. The purpose of this article is to promote the public health, safety, and general welfare by establishing those resources or areas of a development site that must be protected from detrimental effects of flooding, and providing for the protection, maintenance, enhancement and utilization of natural resources within the City of Longwood in accordance with the adopted Longwood Comprehensive Plan.

4.1.2. Applicability. A development is required to apply the provisions of this article to a proposed development site before any other development design standards are applied. A proposed development shall be designed to fit within the areas that may be developed without negative impact to protected natural resources as herein described.

4.2.1. Applicability. The requirements of this section shall apply to all wetlands identified on the map of Generalized Wetland Types in the Longwood Comprehensive Plan, as more specifically shown on the City of Longwood Wetlands Map that shall be available for public inspection in the department of planning and community services. In case of any question regarding the exact location of wetland boundaries, the applicable wetland jurisdictional boundaries of the U.S. Army Corps of Engineers (USACOE), or the St. Johns River Water Management District (SJRWMD) shall apply. The agency wetland boundary determination, or combination thereof, which covers the largest area shall be recognized by the city as the wetlands boundary.

4.2.2. Exemptions. Activities which are exempted from this section include:

A.

All activity exempt from regulation by the Florida Department of Environmental Protection, the USACOE and SJRWMD. If any one of these agencies claims jurisdiction, then the activity shall not be considered to be exempt.

B.

Any emergency activity which is immediately necessary for the protection and preservation of life or property, or for the protection or preservation of a natural resource.

4.2.3. Wetland protection requirements.

A.

All development affecting wetlands areas identified in the Comprehensive Plan Goals, Objectives and Policies Document shall conform to the SJRWMD or other applicable agency requirements, and to the following Longwood requirements. Where a conflict exists between two requirements, the stricter requirement shall apply.

B.

Wetlands impacts shall first be avoided.

C.

Wetland buffer requirements shall be as designated by applicable state and federal agencies.

(Ord. No. 14-2027, § 1, 10-6-2014)

4.3.1. Applicability. The regulations set forth in this section shall apply to all lakes and streams within the incorporated area of the City of Longwood. All development adjacent to lakes and streams shall comply with the requirements of this section.

4.3.2. Surface water protection.

A.

Existing vegetated areas or buffers around surface waters shall be preserved to provide for sheet flow of surface runoff. Buffers shall be as required by applicable state and federal agencies.

B.

Required surface water buffers shall either be planted with indigenous vegetation or an environmental swale.

C.

Except as expressly provided herein, no development activity shall be undertaken within buffers required by this section.

D.

The following activities are exempt from the requirements of this section:

1.

Emergency repairs necessary for the preservation of life or health.

2.

Clearing a shoreline that has previously been cleared and the clearing has been continuously maintained. However, if shoreline vegetation is allowed to be reestablished, a permit shall be obtained to clear it.

3.

Activities undertaken by federal, state, regional, and local agencies of government, including mosquito control.

4.

Nonmechanical clearing of vegetation from an area of no more than ten percent of the area between the OHWL and a point landward 25 feet.

5.

Minor maintenance or repair to existing structures or improved areas or to existing stormwater and drainage control systems, or other maintenance activity that is approved by the state department of environmental protection or SJRWMD as appropriate.

6.

Clearing of shoreline vegetation to create walking trails not exceeding five feet in width. Such trails may be made of wood provided that no filling, flooding, dredging, draining, ditching, tiling, or excavating is done, except limited filling and excavating necessary for the installation of pilings.

E.

Limitations on clearing:

1.

A property owner clearing less than 1,000 square feet of shoreline above the water line shall not be required to obtain a permit.

2.

A property owner who desires to clear more than 1,000 square feet of shoreline above the water line must provide proof of receipt of a state department of environmental protection permit authorizing such vegetation removal.

F.

Within the required buffer, water dependent activities shall be allowable provided that the following standards are met:

1.

Reserved.

2.

The length of docks or piers shall not exceed five percent of the width of the water body.

3.

No more than one dock per parcel shall be permitted.

4.

Installation of docks of 1,000 square feet or less shall not require a DEP permit, provided the dock is used for private noncommercial uses; does not impede water flow; no filling is involved; and, otherwise meets the criteria of the Florida Administrative Code.

5.

Boat docks shall be considered structures and shall comply with the side setback requirements for the land use district in which the dock is to be located.

6.

Applications for construction of boat docks shall be required to include evidence of appropriate state agency approval or letter of exemption.

G.

The following design and operation standards shall apply to water dependent activities allowable by this section.

1.

Public boat docks shall have adequate garbage receptacles as well as restroom facilities that comply with Seminole County Health Department regulations.

2.

Any permitted or otherwise allowable dredging shall be conducted at times of minimum biological activity to avoid fish migration, spawning, and other cycles and activities of wildlife.

3.

Water dependent activities shall be designed, constructed, maintained, and undertaken in a way that minimizes the adverse impacts on the beneficial functions of the affected shoreline protection zone.

H.

The following uses may be permitted in surface water buffer areas: boat ramps, walkways with pervious surfaces, landscaping, and required development improvements such as drainage structures.

I.

All impervious surfaces, except boat ramps, shall be prohibited in the buffer areas.

J.

Compensatory storage for encroachments:

1.

Compensatory storage. Compensatory storage for all encroachments into the city's special flood hazard areas shall be provided in accordance with the following requirements:

(a)

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.

(b)

Compensatory storage creation shall occur below the existing base flood elevation and above the predicted Seasonal High Ground Water Table (SHGWT) and/or the Seasonal High Water Levels (SHWL).

(c)

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

(d)

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

(e)

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

(f)

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.

(g)

Floodplain encroachment shall be computed for all fill placed within the special flood hazard area, or for any other volume displacing activities, below the base flood elevation and above the predicted SHGWT or SHWL.

2.

Additional stormwater management criteria. Additional stormwater management criteria may be enforced upon any development activity that proposes any form of stormwater detention within a watershed that does not have a positive outfall (i.e., land-locked basin).

(Ord. No. 14-2027, § 1, 10-6-2014; Ord. No. 18-2136, § 1, 6-18-2018)

4.4.1. Applicability. The Longwood Comprehensive Plan Background Document provides a listing of endangered, rare and threatened species and species of special concern that may be found within the City of Longwood. Where such species are known to exist or where habitat that is likely to contain such species exists within the city, the developer shall prepare a critical habitat management plan.

4.4.2. Requirements for a critical habitat management plan.

A.

A critical habitat management plan shall include all of the following items:

1.

A pre-development vegetative cover survey by a professional biologist to identify occurrences of rare, threatened, endangered species, or species of special concern.

2.

Estimate of land needs to support any significant species on the site.

3.

Impact of proposed development on the significant species.

4.

Recommended management plan necessary to protect significant species.

5.

Where no other alternatives are available, development of no more than 25 percent of a native vegetative community pursuant to design restrictions provided by a qualified biologist will be allowed.

6.

The use of required open space, setbacks and buffer areas to protect native vegetative communities, wetlands and conservation areas may be accommodated by agreement with the City of Longwood that includes but is not limited to the use of reduced setbacks or buffers, or other valid compromises, as may be proposed by the applicant.

7.

When construction is proposed to be located on or adjacent to the habitat of endangered or threatened species and native vegetative communities, methods and techniques to protect such areas shall be clearly identified and documented. Such information shall be submitted to the department of community services and approved prior to issuance of a development order. Methods and techniques to be addressed shall include, but may not be limited to, storage and removal of materials, equipment and debris, erosion control, methods to ensure revegetation and/or stabilization of disturbed areas, measures to protect existing natural vegetation and habitat, and methods to prevent pollution of surface waters and groundwater.

B.

The adequacy of the critical habitat management plan shall be determined by the department of community services in consultation with other appropriate agencies and departments.

C.

If an adverse effect is unavoidable, the city may require mitigation, or if mitigation is impossible, deny the development order. The final development plan for the site shall conform to the recommendations determined within the critical habitat management plan.

D.

Development that falls within the jurisdiction of the state department of environmental protection or the Florida Fish and Wildlife Conservation Commission shall be referred to those agencies, and their appropriate permits shall be obtained prior to the issuance of any development orders by the City of Longwood.

4.5.1. General.

A.

Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Longwood, hereinafter referred to as "this section."

B.

Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including, but not limited to, the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

C.

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

(1)

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

(2)

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

(3)

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

(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 ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

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 Commission of the City of Longwood 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.

4.5.2. Applicability.

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 ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Longwood, as established in Section 4.5.2.C of this section.

C.

Basis for establishing flood hazard areas. The Flood Insurance Study for Seminole County, Florida and Incorporated Areas dated September 28, 2007, 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 Department of Community Development at 174 West Church Avenue, Longwood, FL 32750.

D.

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 4.5.5 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.

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

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.

4.5.3. Duties and powers of the floodplain administrator.

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 ordinance without the granting of a variance pursuant to section 4.5.7 of this section.

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 development permits 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 ordinance 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 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:

(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; for proposed work to repair damage caused by flooding, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of "substantial damage"; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; 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 ordinance is required.

E.

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 4.5.7 of this section.

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 ordinance.

G

Inspections. The floodplain administrator shall make the required inspections as specified in section 4.5.6 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.

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 section 4.5.3.D of this section;

(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 six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this ordinance 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 Longwood 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 ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Department of Community Services at 174 West Church Avenue, Longwood, FL 32750.

4.5.4. Permits.

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.

Development permits. Development permits shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a development permit 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), development permits 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)

Non-residential farm buildings on farms, as provided in F.S. § 604.50.

(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 F.S. § 366.02, 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 F.S. § 553.73(10)(k) 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 development permit 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 section 4.5.5 of this section.

(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.

Emergency activities. Emergency activities may be undertaken prior to issuance of a permit that would otherwise be required by this section. Emergency activities are those immediately necessary for the protection and preservation of life or property, or for the protection or preservation of a natural resource, and include but are not limited to search and rescue operations, preventative and remedial activities related to large-scale contamination of streams and other bodies of water, floods, hurricanes and other storms and public health concerns.

(1)

Within five days after the commencement of any emergency activity which otherwise would be treated as a regulated activity under this section, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the floodplain administrator setting forth the pertinent facts regarding the emergency activity, including an explanation of the life, property, or resource such activity was designed to protect or preserve.

(2)

Public health activities, orders and regulations of the state department of health and rehabilitative services, the county department of environmental services, and other similar agencies related to public health protection shall be subject to review by the floodplain administrator to ensure that the activity will not result in a significant adverse impact on a wetland, watercourse, water body or groundwater.

F.

Validity of permit or approval. The issuance of a development permit pursuant to this ordinance 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.

G.

Expiration. A development permit 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.

H.

Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a development permit 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.

I.

Other permits required. 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; F.S. § 373.036.

(2)

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

(3)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055.

(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.

4.5.5. Site plans and construction documents.

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 section 4.5.5.B(2) or (3) of this section.

(3)

Where the parcel on which the proposed development will take place will have more than ten lots or is larger than two 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 4.5.5.B(1) of this section.

(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 ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance.

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 section 4.5.5.D of this section 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 section 4.5.5.D of this section.

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.

4.5.6. Inspections.

A.

General. Development for which a development permit 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 development permits.

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 development permits.

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 section 4.5.5.B(3)(b) 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.

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 section 4.5.6.D of this section.

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.

4.5.7. Variances (special exceptions) and appeals.

Requests for variances (special exceptions) from the strict application of this section and the flood resistant construction requirements of the Florida Building Code shall be administered in accordance with article IX (Hardship relief and special exceptions).

4.5.8. Violations.

A.

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit or granted variance, or that does not fully comply with this ordinance, 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 ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

B.

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. Nothing herein contained shall prevent the floodplain administrator from taking such other lawful actions as necessary to prevent or remedy any violations.

C.

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.

4.5.9. Definitions.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

Accessory structure. For the purposes of this section, a nonhabitable structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure and used only for parking and storage, and constituting minimal investment.

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.

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 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.]

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)."]

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 one-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. 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 March 18, 1980. [Also defined in FBC, B, Section 202.]

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 202.]

(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 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: [Also defined in FBC, B, Section 202.]

(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 202.]

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 202.]

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.

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 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 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.

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.

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.]

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 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 ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

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 March 18, 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 March 18, 1980.

Park trailer. A transportable unit which has a body width not exceeding 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 F.S. § 320.01]

Public safety and nuisance. Anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational vehicle. A vehicle, including a park trailer, which is: [see in F.S. § 320.01)

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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

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. The term also includes flood-related damage sustained by a structure on two separate occasions during a ten year period for which the costs of repairs at the time of such flood event, on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred. [Also defined in FBC, B Section 202.]

Substantial improvement. Any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a one year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each structure the one year period begins on the date the first improvement or repair of that structure. 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 202.]

(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.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

4.5.10. Buildings and structures.

A.

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 4.5.4.C 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 4.5.16 of this section.

B.

Detached accessory structures. Detached accessory structures shall be used only for parking and storage accessory to the primary structures (for example, storage sheds, detached garages, gazebos, barns). Accessory structures shall be anchored to resist wind and flood loads and shall meet with the flood opening requirements of R322.2. All electrical service, heating/cooling equipment and other mechanical or electrical equipment shall be elevated above the base flood elevation except one electrical switch and outlet connected to a ground fault interrupt breaker is allowed below the base flood elevation.

C.

Certain temporary structures. Certain types of structures, including, but not limited to, construction site offices, may be sited temporarily on property without having to comply with the elevation requirements of the Florida Building Code provided the following criteria are met:

(1)

The structure is mobile, or can be made so, and is capable of being removed from the site within a minimum of four hours of the specified time for removal.

(2)

The structure does not remain on the property for 180 days or more.

(3)

The applicant submits a plan for the removal of the structure containing the following documentation:

a.

The name, address, phone number and emergency contact point of the individual responsible for the removal of the temporary structure.

b.

The specified time at which the structure will be removed (i.e., a minimum of 36 hours in advance of the projected landfall of a hurricane).

c.

A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal of the structure when needed, together with the name, address, and emergency phone number of the responsible trucking company agent.

d.

Designation, accompanied by documentation (e.g. signed consent of the property owner) of a site outside the special flood hazard area to which the temporary structure will be moved.

e.

Signatures of the applicant and property owner on which the temporary structure will be placed, and owner of the temporary structure agreeing to abide by the terms of the removal plan.

4.5.11. Subdivisions.

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 ten lots or is larger than two acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 4.5.2.B(1) of this section; and

(3)

Density or intensity occurring in flood hazard areas shall be no more than 25 percent of the lowest density or intensity of the land use classification in which it is located as shown on the future land use map.

(4)

Compliance with the site improvement and utilities requirements of section 4.5.12 of this section; and

(5)

All agreements for deed, purchase agreements, leases or other contracts for sale or exchange of lots within an area of special flood hazard, and all instruments conveying title to lots within an area of special flood hazard must prominently publish the following flood hazard warning in the document:

Flood Hazard Warning

This property may be subject to flooding. You should contact the Floodplain Administrator and obtain the latest information about flood elevations and restrictions before making plans for use of this property.

4.5.12. Site improvements, density, utilities and limitations.

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.

Density or intensity limitations. Density or intensity occurring in flood hazard areas shall be no more than 25 percent of the lowest density or intensity of the land use classification in which it is located as shown on the future land use map.

C.

Stormwater runoff. All proposed new development shall be required to meet the following requirements unless otherwise approved by the floodplain administrator:

(1)

The hydrograph for the developed or redeveloped site shall not exceed the volume and rate of runoff produced by conditions existing before development or redevelopment for the 25-year design storm. In addition, the cumulative impact of the outflow hydrograph on downstream flow shall be considered. Runoff rates and volumes resulting from the development in excess of existing rates and volumes shall be accommodated on-site.

(2)

Stormwater runoff shall be subject to best management practices prior to discharge into natural or artificial drainage systems. "Best management practice" shall mean a practice or combination of practices that provide for the treatment of stormwater runoff such that the amount of pollution generated by the development is reduced to a level compatible with the Florida water quality standards contained in the Florida Administrative Code.

(3)

The developer shall provide retention of stormwater runoff in accordance with the minimum requirements of the SJRWMD.

D.

Sanitary sewage facilities. On-site sewage disposal systems shall not be permitted in flood hazard areas and variances shall not be granted for septic tanks and associated drain fields in flood hazard areas. On-site sewage disposal systems shall not be located:

(1)

Within 150 feet of a flood hazard area if the soils are identified in the most current Seminole County Soil Survey as having soil limitation ratings of slight or moderate with respect to septic tank absorption fields.

(2)

Within 200 feet of a flood hazard area if the soils are identified in the most current Seminole County Soil Survey as having soil limitation rating of severe respect to septic tank absorption fields.

E.

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.

F.

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 4.5.4.C(1) of this section demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

G.

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.

4.5.13. Manufactured homes.

A.

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249 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 ordinance.

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.

General elevation requirement. Manufactured homes 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.

4.5.14. Recreational vehicles and park trailers.

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 section 4.5.14.A of this section for temporary placement shall meet the requirements of section 4.5.13 of this section for manufactured homes.

4.5.15. Tanks.

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 section 4.5.15.C of this section 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.

4.5.16. Other development.

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 ordinance or the Florida Building Code, shall:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of section 4.5.12.F of this section 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 section 4.5.12.F of this section.

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 Section 4.5.12.F of this section.

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 section 4.5.12.F of this section. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 4.5.5.C(3) of this section.

4.5.17. Emergency activities.

A.

Any emergency activity which is immediately necessary for the protection and preservation of life or property, or for the protection or preservation of a natural resource shall be allowed without issuance of a development permit. Such emergency activities include, for example, search and rescue operations, preventative and remedial activities related to large-scale contamination of streams and other bodies of water, floods, hurricanes and other storms and public health concerns.

B.

Within five days after the commencement of such emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity (development) under this section, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the floodplain administrator setting forth the pertinent facts regarding such emergency, including an explanation of the life, property, or resource such activity was designed to protect or preserve. The floodplain administrator may require submission of an application for a development permit.

C.

Public health activities, orders and regulations of the state department of health and rehabilitative services, the county department of environmental services, and other similar agencies related to emergency public health protection shall be allowed without issuance of a development permit. Such activities shall be subject to review by the administrator to ensure that the activity will not result in a significant adverse impact on a wetland, floodplain, watercourse, water body or groundwater.

(Ord. No. 19-2158, § 3, 9-16-2019)

Editor's note— Ord. No. 19-2158, § 3, adopted September 16, 2019, repealed § 4.5.0 and enacted a new § 4.5.0 as set out herein. Former § 4.5.0 pertained to similar subject matter and derived from Ord. No. 07-1836, adopted September 5, 2007.

4.6.1. Establishment of wellfield protection zone. A zone of protection for potable water wellfields is hereby established, as shown the Longwood Comprehensive Plan.

4.6.2. Restrictions within the wellfield protection zone.

A.

The following activities or uses are prohibited within the wellfield protection zone: storage or handling of hazardous wastes, wastewater treatment facilities, including septic tanks, dry cleaning operations, incinerators, and storage of pesticide or petroleum products.

B.

Retention and detention facilities are prohibited unless such facilities are determined to have no negative impact on the wellfield protection zone.

C.

Any nonconforming activity or use located within a wellfield protection zone shall not be permitted to be expanded or improved, excluding maintenance activities. Any such activity that ceases operation for 180 days or more, or which is destroyed by any means by 50 percent or more of its replacement value shall not be allowed to recommence operation except in conformity with this article.

4.7.1. Applicability. The requirements of this section shall apply to the "most effective" and where specifically indicated the "moderately effective" recharge areas identified by the SJRWMD.

4.7.2 Exemptions. The following activities or uses are exempt from the provisions of this section:

A.

The transportation of any hazardous substance through a groundwater recharge area.

B.

The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.

C.

Fire, police, emergency medical services, governmental emergency management center facilities, and public utilities.

D.

Storage tanks which are constructed and operated in accordance with the storage tanks regulations as set forth in the Florida Administrative Code.

E.

Geotechnical borings, where boreholes are properly filled upon completion of borings.

4.7.3. Restrictions within the "Most Effective" and "Moderately Effective" recharge areas.

A.

The following uses shall be prohibited: auto salvage, junkyards, landfills, storage of toxic materials and hazardous waste, and mining.

B.

All development shall be designed, constructed and maintained in accordance with the following requirements:

1.

There shall be no net reduction in recharge volume or quality of recharge water.

2.

No wastewater or stormwater discharge into sinkholes or deep injection wells shall be permitted.

3.

The development shall maintain the natural surface flow to the maximum extent possible.

4.8.1. Applicability. The requirements of this section are applicable to property in the city that lies within the limits of the wekiva study area as delineated by the city's Comprehensive Plan.

(Ord. No. 07-1851, § 1, 12-17-2007)

4.8.2. Intent. Surface and groundwater resources will be protected in the wekiva study area, in part through the use of low impact development strategies that are compatible with the existing development pattern, recognizing existing property rights. These strategies include land development regulations using xeriscape techniques, the use of native plants and vegetation, open space requirements, and low density residential development.

(Ord. No. 07-1851, § 1, 12-17-2007)

4.8.3. Open space requirements.

A.

In the event of annexation, or land assembly for the purpose of redevelopment within the wekiva study area, the most effective recharge areas, karst features, and sensitive natural habitats shall be protected through implementation of the following open space requirements:

1.

All sites shall provide at least 35 percent open space;

2.

Sites containing at least three acres shall be developed using cluster development techniques with at least 50 percent of the open space contained within one contiguous parcel; and

3.

Where karst features and designated sensitive natural habitats are present on the site, these features and habitats shall be retained within the required open space.

(Ord. No. 07-1851, § 1, 12-17-2007)

4.8.4. Conservation and reuse.

A.

Golf courses: In the event of construction of a golf course, it shall be sited and managed to protect water quantity and quality. Strategies for siting, construction, and management of golf courses shall consider water use for irrigation, opportunities and requirements for use of reused water, and protection of surface and groundwater resources from nutrients and pesticides.

B.

Wastewater reuse: Where a supply of reclaimed wastewater for reuse will be available within five years of the issuance of a building permit, new subdivisions, multiple-family residential, new nonresidential and redeveloped nonresidential uses shall install dry lines for reused water in order to ensure the availability of lines for future service.

C.

Residential stormwater reuse: New subdivisions and multiple-family residential developments of five acres and larger shall reuse stormwater on a site basis to minimize pumpage of groundwater resources for nonpotable uses. Strategies chosen shall include at least one of the following, unless a legally compliant and functionally equivalent alternative is agreed upon by the community development director and city engineer:

a.

Collection and reuse of stormwater in reservoirs or ponds for irrigation.

b.

Use landscaped swales and landscaped ditches within parking areas to control stormwater runoff and provide for better water quality.

c.

Clustering of units within subdivisions to create unified and protected open space areas.

D.

Nonresidential stormwater reuse: New nonresidential developments of five acres and larger shall reuse stormwater on a site basis to minimize pumpage of groundwater resources for nonpotable uses. Strategies chosen shall include at least one of the following, unless a legally compliant and functionally equivalent alternative is agreed upon by the community development director and city engineer:

a.

Collection and reuse of stormwater in reservoirs, cisterns, or ponds for irrigation.

b.

Use landscaped swales and landscaped ditches within parking areas to control stormwater runoff and provide for better water quality.

c.

Use of shared parking, where appropriate, to decrease the amount of impervious surface.

(Ord. No. 07-1851, § 1, 12-17-2007; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 18-2136, § 3, 6-18-2018)

4.8.5. Wastewater treatment.

A.

New single-family dwelling units where central wastewater systems are not available, as defined in F.S. § 381.0065(2)(a), may use on-site performance-based wastewater treatment systems as prescribed by the department of health. These systems shall be designed to:

1.

Limit, to the maximum extent practicable, any adverse impacts to surface and groundwater resources;

2.

Provide the highest level of wastewater treatment disposal standards;

3.

Reflect economical installation and maintenance; and

4.

Ensure proper monitoring for compliance with wastewater treatment disposal standards.

B.

New development shall connect to a central wastewater system where connection to a central wastewater system is available.

C.

Prior to the issuance of building permits for new development, the applicant shall provide documentation that either connection to central sewer facilities is proposed, or that an advanced onsite wastewater treatment system described above is proposed.

D.

Land spreading of septage waste is prohibited within the wekiva study area.

(Ord. No. 07-1851, § 1, 12-17-2007)