The purpose of this article is to establish those resources or areas of a development site that must be protected from harmful effects of development. A developer must apply the provisions of this article to a proposed development site before any other development design work is done. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

(Ord. No. 91-7, § 2; Ord. No. 18-10, § 1(Exh. 1), 9-10-2018)

A.

Requirement of a Tree Removal Permit. It shall be unlawful for any person, organization, or corporation or any agent or representative thereof, directly or indirectly, to cut down, destroy, remove or move, or effectively destroy through damaging any existing appropriate Protected tree without first obtaining a Tree Removal Permit.

B.

Removal defined. Removal of a tree includes any act which will cause a tree to die or decline, including but not limited to damage inflicted upon the root system by heavy machinery, changing the natural grade within the dripline of the tree by more than two (2) inches, excessive soil compaction, damage, including fire damage, inflicted on the tree. Severe pruning resulting in the removal of thirty-three (33) percent or more of the canopy and branches is also considered removal. Seasonal variation in leaf coverage will be taken into account.

C.

Tree and Landscape Manual. There is hereby adopted the St. Augustine Beach Urban Forestry Standards and Specifications Manual, a copy of which shall be on file in the office of the city manager and in the office of the director of planning and zoning.

D.

Nuisance Trees. Any species of tree or plant defined as a "Category 1" pest plant by the Florida Exotic Pest Plant Council (EPPC) or invasive plant list by the Institute of Food and Agricultural Sciences of the University of Florida shall be removed upon development of the site and cannot be used in the landscaping of the site.

E.

Minimum permit requirements. The following is a list of the minimum requirements of the city's Tree Removal Permit:

1.

Any tree removal request shall include a site diagram indicating the location of the trees larger than six (6) inches in diameter at breast height on the site in relation to infrastructure and other trees to be removed and preserved, the size (diameter at breast height) of the tree, the condition (health and structure) of the tree, and to the extent possible, the genus and species of oak tree not just the genus, for example, not "oak" but "live oak" (Quercus virginiana) or "laurel oak" (Quercus laurifolia).

2.

Site plan. No authorization for the removal of a protected tree outside the footprint of the building driveway or other structural feature shall be granted unless the property owner or developer demonstrates the reason for removal of trees and is in accordance with the submitted site plan. All existing protected trees designated as remaining in their original placement as a part of the landscape plan shall be protected during construction and land clearing from permanent damage to any part of the tree including roots, trunk and canopy in accordance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual. The city recommends retaining the services of a certified arborist to protect the trees where possible.

3.

Tree Removal Manual. Any tree removal shall be in compliance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

4.

The city's Tree Removal Permit Application Form may be amended from time to time by resolution of the city commission.

F.

Removal of Trees in the Coastal Maritime Hammock. It shall be illegal to remove trees contained within the Coastal Hammock without a permit. In areas on Parcels where the Coastal Maritime Hammock exists, land clearing is limited to building footprints, driveways and accessways and a minimum of twenty (20) percent of the canopy area shall be designated as preservation, unless otherwise approved by the City Manager or designee. In the event, that economic use of the Parcel requires the removal of trees within the Coastal Hammock, trees may be removed subject to mitigation re-establishing the canopy with onsite Coastal Hammock tree species.

G.

Permit Decision. When issuing a Tree Removal Permit, the city building official shall make the decision regarding tree removal following Section 5.01.02 Conditions for Tree Removal. If the permit is denied, the owner may retain the services of a certified arborist to evaluate the denial of a permit. The city building official may issue a permit without the opinion of an Arborist when the city building official determines that one (1) of the reasons for removal is clearly met or, should it be unclear, the city building official shall require the applicant for a permit to submit a written opinion from a certified arborist for consideration by the city building official.

(Ord. No. 91-7, § 2; Ord. No. 03-13, § 1, 7-7-03; Ord. No. 08-07, § 1, 5-5-08; Ord. No. 11-14, § 1, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

A.

Permit application. Permits for removal or relocation of trees associated with a site plan for a development shall be obtained by making application for permit for the development to the City planning and zoning department. The application shall be accompanied by a site plan indicating the location, species, and diameter at breast height (DBH) of each tree to be preserved, relocated, or removed. For removal of a tree justification for removal accompanied by a certification from an ISA certified arborist may be provided to justify removal of trees. The submitted plans shall depict tree protection and calculations demonstrating applicable tree mitigation for trees removed.

B.

Exceptions to Requirement of Permit. No Permit under this Section is required for:

1.

The tree is diseased, injured, in danger of falling or is endangering existing structures, utility services or creates unsafe vision clearance; or

2.

It is found to be in the interest of the general public's health, safety and welfare that the tree or trees be removed and that there is no other remedy provided in this Code.

C.

Criteria for Issuance of a Permit. The city building official shall issue the permit for removal of a tree if one (1) of the following reasons for removal is found to be present and mitigation provided in accordance with this Code:

1.

Removal of the trees is necessary to construct proposed improvements in order to comply with a final development order issued pursuant to section 12.02.04 or 12.02.10 hereof; or

2.

The presence of the tree will cause a substantial likelihood of structural damage to an existing or proposed permanent built structure, or swimming pool,

3.

The tree is located in an area where a structure or improvement may be placed in accordance with other development provisions in the City Code, and retention of the trees and such that no reasonable economic use can be made of the property without removal of the tree, and the tree cannot be reasonably relocated on or off the property because of its age or size.

4.

The tree or tree cluster is, is located within the primary building pad, primary roof line, primary foundation line, swimming pool and swimming pool patio pad, or the portion of the driveway within fifteen (15) feet of the garage or carport entrance and these structures cannot be relocated.

5.

The tree is shown to be blocking the installation or proper working condition of a solar energy system (this does not authorize a property owner to remove a tree from neighboring property). Trees permitted to be removed pursuant to this subsection shall not require Replacement under section 5.01.03. For a new solar energy system installation, any permit issued shall be issued conditionally and only become effective upon review by a certified arborist and upon the installation and final inspection of the solar energy system being properly working and permitted.

6.

The tree is a palm tree or group of palm trees. A property owner may in any twelve-month period remove up to ten (10) percent of the palm trees located on their property or at least one (1) palm tree without having to be subject to the requirements of section 5.01.03.

D.

Reserved.

E.

Certain Activities require Comprehensive Planning and Zoning Board review. The following activities shall require permit approval from the comprehensive planning and zoning board.

a.

Tree is providing habitat to legislatively designated endangered or protected bird species during nesting season even though the tree meets the criteria of this section.

b.

Any tree having a trunk greater than or equal to thirty (30) inches in diameter at breast height shall require permit approval from the comprehensive planning and zoning board.

F.

Any tree removal shall be in compliance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

G.

When issuing a permit, the city building official may base the permit decision on the opinion of the city arborist or Landscape Architect. Should the city not have a city arborist or city Landscape Architect, the city building official may require the applicant for a permit to submit a written opinion from a certified arborist or Florida Licensed Landscape Architect for consideration by the city building official.

H.

The fee for obtaining a permit for removal of a tree shall be as set forth by resolution of the city commission. The fee shall also include an amount for the services of the city arborist or landscape architect, when applicable.

I.

As part of the application for a permit, the applicant shall certify that the applicant has read, understands and agrees to comply with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

(Ord. No. 91-7, § 2; Ord. No. 98-11, § 1, 6-1-98; Ord. No. 08-07, § 2, 5-5-08; Ord. No. 10-04, § 1, 5-3-10; Ord. 11-14, § 2, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

A.

Trees removed under the provisions of section 5.01.01, Removal of trees, shall be replaced and mitigated as follows: One (1) diameter at breast height (DBH) inch for each DBH inch removed or a fee in lieu thereof shall be paid. Replacement trees shall be of a size three (3) inches or greater. Plant materials used in conformance with the provisions of this Code, shall conform to the Standard for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, State of Florida, Department of Agriculture and Consumer Services, Tallahassee, latest edition. Fees collected in lieu of replacement shall be placed in the city's Tree and Landscape Fund. Such fees are established as follows:

1.

Trees greater than six (6) inches and up to twenty-nine and one-half (29.5) inches, fifty dollars ($50.00) per DBH inch removed.

2.

Trees greater than or equal to thirty (30) inches at breast height, one hundred ($100.00) per DBH inch removed.

3.

Except as provided in Section5.01.02. C.6, where the removed tree is a palm it shall be replaced at a rate of one (1) palm tree for every palm tree, with the minimum palm tree meeting the minimum size requirement outlined under Section 6.06.03.C, or by one (1) three-inch DBH replacement tree for each three (3) or fraction thereof palms removed, or, in lieu of replacement, a fee of thirty dollars ($30.00) per clear trunk foot removed shall be collected.

4.

Protected trees removed illegally without a permit are subject to a three (3) to one (1) replacement, i.e., three (3) inches replacement for each one-inch removed, or fees payable to the tree bank in Sections A(1) and A(2) above will be tripled.

B.

City Tree and Landscape Fund. A dedicated financial fund shall be created under the authority of this Code to receive payments described above when protected trees are not replaced after removal. The funds paid as a result of tree removal shall be distributed as follows: seventy-five (75) percent to the tree and landscape fund with the remaining twenty-five (25) percent to the building and zoning department. Expenditures of the tree and landscape fund occur after recommendation from the public works director and approval by the city commissioners in advance of the expenditure for the following projects:

1.

City construction and capital improvements limited to tree and landscaping costs including equipment, installation, and irrigation.

2.

Beautification limited to the cost of trees, landscaping requirement and installation of the beautification project. Where funds are used to plant trees in the plazas or city road right-of-way, funds may also be used to fund design by a registered landscape architect.

3.

Conservation or natural preserve protection.

4.

The construction and maintenance of structures and landscaping in city-owned parks.

C.

Front setback area planting. The owner of any lot within the City that does not have at least one (1) Protected tree from an approved list in the front setback area as a condition for the issuance of a building permit for any principal structure on such lot shall be required to plant one (1) tree from the approved list no less than three (3) inches DBH and subject to utility easements. Any tree planted shall be classified as moderately to highly salt tolerant. Recommended species for replacement are found in the Replacement Tree List and Landscape manual.

(Ord. No. 91-7, § 2; Ord. No. 99-16, § 1, 10-4-99; Ord. No. 03-13, § 2, 7-7-03; Ord. No. 08-07, § 3, 5-5-08; Ord. No. 11-14, § 3, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

The "St. Augustine Beach Urban Forestry Standards and Specifications Manual" is hereby adopted as the official manual for use in conjunction with the implementation of the city's regulations for the protection of trees. Said Manual may be amended from time to time by resolution of the city commission.

(Ord. No. 11-14, § 4, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18; Ord. No. 20-02, § 4(Exh. 1), 3-2-20)

Editor's note— Prior to the reenactment of § 5.01.04 by Ord. No. 11-14, § 4, adopted December 5, 2011, section 4 of Ord. No. 08-07, adopted May 5, 2008, deleted § 5.01.04, protection of root structure of index and specimen trees, and relocated said provisions to the St. Augustine Beach Tree and Landscape Manual, on file in the office of the city clerk.

A.

Any person who shall remove a tree without first having applied for and received a permit therefore as required by section 5.01.01B. of these Land Development Regulations, shall within thirty (30) days after notice by the building official, apply for and obtain an after-the-fact permit for each tree removed. The fee for each after the fact permit shall be five hundred dollars ($500.00) for the first occurrence by the property owner and/or contractor, one thousand dollars($1,000.00) for the second separate occurrence by the property owner and/or contractor and two thousand dollars ($2,000.00) for third and all future separate occurrences by the property owner and/or contractor to off-set the cost to the city of investigation and enforcement of the city's ordinances relating to tree removal and landscaping plus the appropriate fee in lieu of replacement in section 5.01.03.A. Failure to obtain a permit within thirty (30) days after service of notice, unless stayed as hereafter provided, shall constitute a continuing violation of this section and shall subject the violator to a fine of up to two hundred fifty dollars ($250.00) for the first day and five hundred dollars ($500.00) for each day thereafter, to be levied by the local code enforcement board as authorized by general law. The determination by the building official that a tree has been removed without a permit may be appealed to the comprehensive planning and zoning board within thirty (30) days after service of the notice.

B.

Notice of the requirement to obtain an after-the-fact permit shall be given by the building official to the owner of the property upon which the removed tree shall have been located as shown by the most recent tax rolls of St. Johns County by had delivery or by certified mail addressed to the owner at the address as shown by such tax rolls. In the event that removal of the tree shall appear to have been done in conjunction with the construction of an improvement for which a building permit has been issued, such notice may be given by certified mail to the owner as shown by the building permit or notice of commencement.

C.

An appeal taken within thirty (30) days of the service of the notice given by the building official shall stay the requirements of obtaining an after-the-fact permit until there has been a final determination of the comprehensive planning and zoning board. The planning and zoning board shall only have authority to determine if the after-the-fact permit is required pursuant to the provisions of this section. In the event the comprehensive planning and zoning board shall determine that a permit is required, it may, upon a showing of good cause, make a recommendation to the city commission that the fee for the after-the-fact permit be reduced. The granting of a reduction of the fee for the after-the-fact permit by the city commission shall be a matter of legislative grace by the city commission and not as a matter of right.

D.

The issuance of an after-the-fact permit, as herein required, shall not relieve the owner of the property upon which a removed tree shall have been located from the requirement of replacement or compliance with the landscaping provisions of these Land Development Regulations.

(Ord. No. 02-07, § 1, 7-1-02; Ord. No. 08-07, § 5, 5-5-08; Ord. No. 11-14, § 5, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

Pruning standards for all tree work done in the city by any person or entity engaging in any professional or commercial tree removal or pruning business activity, whether for a fee or otherwise, shall follow the latest version of the American National Standards Institute (ANSI) A300, part 1 "pruning standards" as well as ANSI Z133.1-2000 standards for safety. (This requirement shall not apply to City Departments performing tree maintenance on city property or other public land and rights-of-way.) The personnel and companies who do the tree work shall be jointly and severally responsible for following these pruning specifications and responsible for tree damage or loss. No topping cuts or lions-tailing cuts (over-lifting) will be permitted. This section shall not apply to palm trees outside the right-of-way within the city however the pruning shall comply with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

(Ord. No. 08-07, § 6, 5-5-08; Ord. No. 11-14, § 6, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

A.

Any person or entity engaging in any professional or commercial tree removal or pruning business activity, whether for a fee or otherwise, within the City of St. Augustine Beach, Florida shall be licensed by applying for a license from the city building department. Even when not providing the service for a fee or in-kind, it shall be presumed that a license is required whenever the person conducting the tree removal or pruning is not the owner or tenant of the property or a relative of the owner or tenant of the property upon which the tree is being removed or pruned.

B.

The fee for becoming licensed as a tree removal or pruning business within the city shall be as set forth by resolution adopted by the city commission.

C.

As part of the application for licensure, each tree removal or pruning business shall certify that the applicant has read, understands and agrees to comply with the latest version of the American National Standards Institute (ANSI) A300, part 1, pruning standards as well as ANSI Z133.1-2000, Standards for safety.

D.

Proof of worker's compensation insurance must be provided by the applicant.

E.

An official city permit sticker must be displayed on the front windshield of each vehicle used by the tree business working within the city.

(Ord. No. 10-04, § 2, 5-3-10; Ord. No. 11-14, § 7, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

A.

Authority of Commission. The city commission is hereby authorized and empowered to protect, take care of, exercise and have supervision over and jurisdiction of all trees growing on, in and along the public streets and avenues, and the public parkways, plazas and sidewalks in the city.

B.

Damaging or destroying. It shall be unlawful for any person to cut down, remove, deface, destroy injure or damage any tree growing in, on or along the public streets and avenues, or in, on or along the public parkways, plazas and sidewalks in the city without consent of the city. Such acts are hereby defined and declared to be a violation of this Article.

C.

Hazard Mitigation. The City Manager or designee is hereby authorized to remove any tree growing in, on or along the public streets in advance of storm events to minimize potential damage to utilities, public or private property and cleanup efforts that may result from downed trees.

(Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

A.

Relationship to other requirements relating to the protection of environmentally sensitive lands. Development plans shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply.

B.

Conservation/Coastal Management element incorporated by reference. The Conservation/Coastal Management element of the St. Augustine Beach Comprehensive Plan as from time to time amended is hereby incorporated by reference into this Code.

C.

Compliance when subdividing land. Each lot of a proposed subdivision must include a site suitable for constructing a structure in conformity with the standards for protection of environmentally sensitive lands.

D.

Properties adjacent to Class II Waters. All developments adjacent to, abutting, or located within twenty-five (25) feet of Class II Waters (shellfish propagation or harvesting) as established by the State of Florida pursuant to the provisions of the Federal Water Pollution Control Act and 40 Code of Federal Regulations Part 131, or designated as Outstanding Florida Waters or as aquatic preserves, shall, as a condition of a final development plan issued pursuant to Article XII of these Land Development Regulations, provide for a twenty-five (25) foot wide native naturally vegetated buffer immediately adjacent to and upland of the jurisdictional area of such Class II Waters, Outstanding Florida Waters or aquatic preserve. It shall be a violation of this section, punishable as provided by law or enforceable by the Municipal Code Enforcement Board, for any person, firm or corporation to place fertilizer or any insecticide or weed or pest control chemicals within such twenty-five (25) foot buffer, or to prune or otherwise cut or trim any vegetation therein other than by means of hand tools. No pruning or trimming shall be permitted which shall materially injure or harm any plant located within such buffer. Notice of the provisions hereof shall be included within any covenants, restrictions or plat establishing such buffer.

(Ord. No. 91-7, § 2; Ord. No. 00-17, § 1, 6-5-00; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.01, which pertained to statutory authorization, findings of fact, purpose, objectives and derived from Ord. No. 92-22, § 1.

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.02, which pertained to definitions and derived from Ord. No. 92-22, § 1.

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.03, which pertained to general provisions and derived from Ord. No. 92-22, § 1; Ord. No. 95-1, § 6.

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.04, which pertained to administration and derived from Ord. No. 92-22, § 1.

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.05, which pertained to provisions for flood hazard reduction and derived from Ord. No. 92-22, § 1.

Editor's note— Ord. No. 18-01, § 2, adopted April 4, 2018, repealed § 5.03.06, which pertained to miscellaneous regulations and derived from Ord. No. 95-1, § 7.

(a)

Administration.

(1)

General.

a.

Title. These regulations shall be known as the Floodplain Management Ordinance of St. Augustine Beach, hereinafter referred to as "this ordinance."

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; installation or replacement of tanks; 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 the 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 City Commission of St. Augustine Beach, Florida 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.

(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 St. Augustine Beach, as established in subsection (a)(2)c. of this ordinance.

c.

Basis for establishing flood hazard areas. The Flood Insurance Study for St. Johns County, Florida and Incorporated Areas dated December 7, 2018 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the St. Augustine Beach Building Department, City of St. Augustine Beach.

d.

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to (a)(5) of this ordinance 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 ordinance 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 ordinance 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 ordinance, 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.

(3)

Duties and powers of the floodplain administrator.

a.

Designation. The Building Official 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 ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to (a)(7) of this ordinance.

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 ordinance;

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 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 ordinance.

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, repair of substantial damage or and 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 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 (a)(7) of this ordinance.

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 (a)(6) of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

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 (a)(3)d of this ordinance;

2.

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 or flood hazard area boundaries; such submissions shall be made within 6 months of such data becoming available;

3.

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;

4.

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of St. Augustine Beach are modified; and

5.

Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

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 ordinance 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; 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 Building Department, St. Augustine Beach.

(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 ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied.

b.

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

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 ordinance:

1.

Railroads and ancillary facilities associated with the railroad.

2.

Nonresidential farm buildings on farms, as provided in section 604.50, F.S.

3.

Temporary buildings or sheds used exclusively for construction purposes.

4.

Mobile or modular structures used as temporary offices.

5.

Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity.

6.

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

7.

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site 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 section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps

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 (a)(5) of this ordinance.

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 permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.

f.

Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (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 ordinance 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; section 373.036, F.S.

2.

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

3.

Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S.

4.

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

5.

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.

6.

Federal permits and approvals.

(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 ordinance shall be drawn to scale and shall include, as applicable to the proposed development:

1.

Delineation of flood hazard areas and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

2.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide.

3.

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

4.

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.

5.

Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable.

6.

Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

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.

Reserved.

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 ordinance, the applicant for activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V) shall have an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents.

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 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.

(6)

Inspections.

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 ordinance 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 ordinance 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 the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor.

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 (a)(6)d of this ordinance.

(7)

Variances and appeals.

a.

General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission 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. This section does not apply to Section 3109 of the Florida Building Code, Building.

b.

Appeals. The St. Augustine Beach Planning and Zoning Board 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 ordinance. Any person aggrieved by the decision of St. Augustine Beach Planning and Zoning Board may appeal such decision to the St. Augustine Beach City Commission or Circuit Court, as provided by Florida Statutes.

c.

Limitations on authority to grant variances. The St. Augustine Beach City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in (a)(7)g of this ordinance, the conditions of issuance set forth in (a)(7)h of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The St. Augustine beach City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance.

d.

Reserved.

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 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 ordinance, provided the variance 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 St. Augustine beach City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, 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 ordinance or the required elevation standards;

2.

Determination by the St. Augustine Beach City Commission 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(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 that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

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.

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.

(b)

Definitions.

(1)

General.

a.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section.

b.

Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

c.

Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(2)

Definitions.

Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

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 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood."

Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]

Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1—V30, VE, or V.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

2.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 29, 1972. [Also defined in FBC, B, Section 1612.2.]

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]

1.

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 1612.2.]

Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2.

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]

Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this section (may be referred to as the Floodplain Manager).

Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this section.

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:

1.

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

4.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

2.

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

3.

Available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Market value. The value of buildings and structures, excluding the land and other improvements on the parcel. Market is the Actual Cash Value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, 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 ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V. [Also defined in FBC, B Section 1612.2.]

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 one hundred eighty (180) days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.]

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

1.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code.

(c)

Flood Resistant Development.

(1)

Buildings and structures.

a.

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to (a)(4)c of this Ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of (c)(5) of this ordinance.

b.

Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:

1.

Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322.

2.

Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24.

c.

Structure Height. Structure height shall be measured in accordance with adopted City Ordinances. No provisions shall be deemed to permit an increase of the overall building height limit.

d.

Manufactured Homes and Recreational Vehicles. In accordance with the Zoning Code, manufactured homes and recreational vehicles are not permitted.

e.

Non-elevated Accessory Structures. Accessory structures are permitted below the elevations required by the Florida Building Code provided the accessory structures are used only for parking or storage and:

1.

If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

2.

If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 sq. ft.

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 (1) foot.

5.

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.

(2)

Subdivisions.

a.

Minimum requirements. Subdivision proposals 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 lies within a flood hazard area, the following shall be required:

1.

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

2.

Compliance with the site improvement and utilities requirements of (c)(3) of this ordinance.

(3)

Site improvements, 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.

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.

Reserved.

e.

Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code.

f.

Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by (a)(5)c of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with (c)(5)e of this ordinance.

(4)

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 (c)(4)c of this ordinance shall:

1.

Be permitted in flood hazard areas (Zone A) other than coastal high 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.

2.

Not be permitted in coastal high hazard areas (Zone V).

c.

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

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.

(5)

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.

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

3.

Be constructed of flood damage-resistant materials; and

4.

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.

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be:

1.

Structurally independent of the foundation system of the building or structure;

2.

Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

3.

Have a maximum slab thickness of not more than four (4) inches.

c.

Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following:

1.

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

2.

A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

3.

A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures.

4.

A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave run-up and wave reflection.

d.

Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

1.

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

2.

Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

3.

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

e.

Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:

1.

Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

2.

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

3.

Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave run-up and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 12-09, § 1, 11-13-12; Ord. No. 18-01, § 3, 4-2-18; Ord. No. 22-04, § 1, 5-2-22)

Editor's note— Ord. No. 12-09, § 1, adopted November 13, 2012, repealed the former § 5.03.07, and enacted a new § 5.03.07 as set out herein. The former § 5.03.07 pertained to similar subject matter and derived from Ord. No. 04-12, Arts. 1—6, adopted August 2, 2004.

The purpose of groundwater protection standards is to safeguard the health, safety and welfare of the citizens of St. Augustine Beach. This is accomplished through ensuring the protection of the principle 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 St. Augustine Beach. Therefore, standards are described in this section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

(Ord. No. 91-7, § 2)

A.

Within the zone of exclusion. No development activities shall take place in the zone of exclusion.

B.

Prohibited uses and development activities within the wellhead protection zone. The following land uses are prohibited within wellhead protection zone:

1.

Landfills.

2.

Facilities for the bulk storage, handling or processing of materials on the Florida Substance List (Ch. 442, F.S.).

3.

Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural chemicals, petroleum products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc.

4.

Feedlot 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.

C.

Special restrictions on development allowed within the wellhead protection zone.

1.

Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers.

2.

Where development is proposed in areas with existing wells, these wells shall be abandoned, including adequate sealing and plugging according to Chapter Rule 17.28, Florida Administrative Code.

(Ord. No. 91-7, § 2)

A.

Purpose and intent. It is the purpose of this section 5.05.00 to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened, or special concern status in St. Augustine Beach. It is the intent of this part to require that an appropriate amount of land shall be set aside to protect habitat of rare, endangered, or special concern plant and animal species.

B.

Applicability. Areas subject to the standards of this section 5.05.00 shall be those identified in the Conservation Element of the St. Augustine Beach Comprehensive Plan as habitat for rare and endangered species, threatened species, or species of special concern.

(Ord. No. 91-7, § 2)

A.

When required. A habitat management plan shall be prepared by the developer as a prerequisite to the approval of any development proposed on a site containing areas subject to this section 5.05.00.

B.

Contents. The habitat management plan shall be prepared by an ecologist, biologist or other related professional. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management plans and other measures to protect the subject wildlife.

C.

Conformity of final development plan. The final development plan approved for a development shall substantially conform to the recommendations in the habitat management plan.

D.

Preservation of land. Where land on a proposed development site is to be preserved as habitat of rare, endangered or special concern species, such land shall be adjacent to existing viable habitat, a significant wetland system, floodplain, or wildlife corridor. If such lands are not adjacent to the development site, land to be set aside shall be of such quantity and quality as to provide viable habitat, as documented in the study required in paragraph B. above.

E.

Fee-in-lieu. As an alternative to preservation of land, the City of St. Augustine Beach may establish a fee-in-lieu-of-land program, whereby the city can purchase land which will provide a significant habitat.

(Ord. No. 91-7, § 2)

A.

The city shall not permit nor recommend development that modifies areas of the coastal dune system immediately adjacent to the public beach in the City of St. Augustine Beach.

1.

Exceptions:

a.

Beach re-nourishments.

b.

Planting of sea oats.

c.

Permitted dune walkovers.

d.

Sand fencing.

e.

Other exceptions approved by the comprehensive planning and zoning board.

(Ord. No. 20-04, § 1, 4-29-20)

A.

The city shall protect significant archaeological and historic sites by identifying sites in St. Augustine Beach that are included in the Florida Bureau of Historic Resources' Master Site File and shall pursue the designation of those historic resources that may be nominated for inclusion on the National Register of Historic Places.

B.

If historic or archaeological artifacts are discovered while development on public property is underway, development activities shall cease for the minimum time necessary and cooperate with appropriate agencies to allow for the evaluation of their historic significance.

(Ord. No. 24-11, § 2, 11-6-24)