HomeMy WebLinkAbout1989-12.�, 4/25/89(WGCORD)LEGAL(WGC/nhm)
ORDINANCE NO. 89- 12
AN—ORDINANCE----OF [NDIAN RLVER COUNTY
FLORIDA, AMENDING CHAPTER 21},
STORMWATER MANAGEMENT AND FLOOD
PROTECTION, TO INCORPORATE THE STANDARDS
OF THE NATIONAL FLOOD INSURANCE PROGRAM
REGULATIONS AS SET OUT IN 44 CFR
60.3(d)(e).
WHEREAS-,-Jrrd-i-an--tiver County has adopted -Chapter
211, Indian River County Code of Laws and Ordinances,
Stormwater Management and Flood Protection; and
WHEREAS, Section 211-7(a)(19)e provides in part
that "as new or better information becomes available, this
chapter will be amended to incorporate new maps and flood
elevations and other data"; and
WHEREAS, the Federal Emergency Management Agency
has reevaluated the flood hazards in Indian River County,
and adopted final base flood elevations (BFE); and
WHEREAS, the new flood insurance rate maps (FIRM)
will become effective on May 4, 1989; and
WHEREAS, in order to maintain participation in the
ational Flood Insurance Program, ndianfiivsr County -muses
adopt or show evidence of adoption of flood plain management
regulations that meet the standards of Section 60.3(d)(e) of
the National Flood Insurance Program regulations set out as
WHEREAS, flood insurance rates may be higher if a
structure is not built in compliance with the flood plain
management standards of the National Flood Insurance
Program,
NOW, THEREFORE, BE IT ORDAINED by the Board of
County Commissioners of Indian River County, Florida, that:
SECTION -1 .
Section 21J-3. Rules of construction is hereby
amendedto read -ate fo-Hews:
CODING: Words in $tt'UR/#[h 000111 type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 201' - 11:17:39 - OfficialDocuments:693, Attachment id 0, Page 1 1
ORDINANCE NO. 89 -
Section 211-3. Rules of construction.
The requirements of this chapter are intended to
complement regulations of the Federal Emergency Management
Agency set_out_as_44_CFR_60_3(d)(e)___the_National_ Flood
Insurance Program Regulations, and are intended to
complement regulations of the Florida Department of
Environmental Regulation including but not limited to those
faund---i r} F -I ori -da Admi n-i-s-tra--i vet Code-, Chapte-r 17-2a,
Regulation of Stormwater Discharge, Chapter 17-3, and
Chapter 17-4, and the Stormwater Rules of the St. Johns
River Water Management District, all as adopted or as may be
amended from time to time. A FAC Chapter 17-12 Dredge and
Fill Permit may be required. Approval of a stormwater
management system under this chapter shall not relieve any
applicant of the necessity to obtain required permits or
approvals from other state, regional, or local agencies,
including specifically, but not limited to, observance of
DER permitting requirements for use of the "landward extent
of waters of the state," as that term is defined by Florida
Administrative Code, Section 17-4.02(17). In the event of a
on f-Irt-c-t b e-tween t h Fs c -ha p to r and—arty othe r law�r
regulation, this chapter shall be interpreted to avoid the
conflict when possible. If there is an irreconcilable
conflict, the agency rule shall prevail. If this df tUO
chapter is more restrictive, the provisions hereunder shall
prevail and no conflict will be considered to exist.
SECTION 2
A new Section 211-16 is hereby adopted, as
follows:
Section 2112-16, SpecialFederal Emergency
Management___Agency___ National Flood___ Insurance ... Program
Regulations.
(a)Purpose _and _Intent__ Thissection _is_adopted
t-o---i+npl-ementthe National- Flood Insu-r-a-nc-e Program
CODING: Words in WHR ItVIY'OOV type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 2013 - 11:17:39 - OfficialDocuments:693, Attachment Id 0, Page 2
ORDINANCE NO. 89-
e
Regulations --as set out in 44 - CFR, Section-60,3(d)(e).
Questions of interpretation should be resolved by reference
to the Code of Federal Regulations.
(b) Zone A requirements.
-------------------------
(1) All proposed -__construction and other
-------- ----------- -------------------------
developments includinq the placement of manufactured homes,
within Zone A on the FIRM shall require a permit.
----------------------------------------------
(2)--All-necessary-permits-from-those-governmental
agencies -from -which -approval -is -required -by federal -or state
-raw, i nc-t ud i ng Ser t fon 404 o-f--the—Fede ra-I Wat-e-r Ro-1-i u t ion ---
Control
on ---Control Act Amendments of 1971, 33 U.S.C. 1334, shall be
provided prior- to -the -time--the- proposed -development--is
approved by -the -Community -Development -Department.
(3)- The Community Development- Department shall
review all permit applications to determine whether the
proposed -building sites- will-- be --reasonably -safe--from
flooding_ --If a -proposed buildingsite -is -in a flood prone
-
area, all new construction and substantial improvements
shall -(i) -be designed (or modified) and -adequately anchored
to prevent flotation, collapse, or lateral movement of the
structure -resultingfrom - -
hydrodynamic andhydrostatic-loads,
-
including -the -effects -of buoyancy, -(ii) be constructed with
na ter i -a-1 -s—res i s -anc e to f-4-ood damage , E i -i i4—be c -ons -t r uctad
by- methods _and practices- that -minimize -flood damages, -and
(iv) be constructed with electrical, heating, ventilation_
---------------------------------------------
plumbing_ -and air -conditioning -equipment -and otherservice
facilities that are designed and/or located so as to prevent
water -from entering- or accumulating -within- the components
during conditions -of -flooding.
(4) The Community Development Department and the
Public- Works Department -shall-review - subdivision -proposals
and other proposed new developnt,--inc udinq manufacture
homeparks or subdivision, to determine whether such
proposals- wi I I- be -reasonably - --
safefromf loon�_-- diIf -a
CODING: Words in WUIkltWOOM type are deletions from
existing law; words underlined are additions.
3
smeadsoft Reprint Date: Wednesday, August 14, 2013 - 11:17:40 - OfficialDocuments:693, Attachment Id 0, Page 3
ORDINANCE NO. 89 -
subdivision proposal or other_ proposed_ new development is in
a flood_prone area, any such proposaIs_shaII be_reviewed _to
assure that (i) all such proposals are consistent with the
need to minimize flood damage_ within_ the flood_prone_area,
(ii) all public utilities and facilities, such as sewer,
gas, electrical_ __and_ water systems are located and
constructed to minimize or eliminate flood damage, and (iii)
adequat-e-dra-mzge i-5-provtded_ to reduce---L-xposure to _f V000d
hazards.
(5)WithIn_fIood_prone areas new and replacement
water supply_ systems_ shall be _ designed to minimize_ or
eliminate -infiltration -of -flood -waters into the systems.
(6)Within flood -prone areas,_ (i)new and
replacement__ sanitary_ sewage_ systems_ are required to be
designedto_minimize_or_ eliminate _ iofi ltration_of _flood
waters into the systems and discharges_ from the_systems_into
flood waters, and (ii) onsite waste disposal_ systems are
requiredto be_ located _toavoid impairment _to_them or
contamination from them during flooding.
(7) All new subdivision proposals and other
proposed_developments__(including proposals_for_manufactured
home_ parks_and subdivisions) greater_than 50 lots -or --5
acres, whichever is the lesser, shall include within such
proposals_base flood_ elevation_ data.
(8] -The _Commun i tDevelopment _and Pub I i c _Works
Departments_ shall _obtain, 4review, and reasonably_ utilize_ any
base flood elevation and floodway _d ata avaiIable_from a
Federal, State, or other source, including data developed
pursuant to §21}-16(b)(7) above, as criteria for requiring
that new construction, substantial improvements, or other
developmentin__Zone A__onthe County's__FIRM -meet- the
standards in subsection (c)(2), (c)(3), (c)(5), (c)(6),
(d)(2), and (d)(3) of this section.
") WheTe-ase fiovd elevation da -to -are -u -ti I ized,
within Zone A on the FIRM, the Community Development
CODING: Words in ittOtVlUHOIlI type are deletions from
existing law; words underlined are additions.
SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:17:40 - OfficialDocuments:693, Attachment id 0, Page 4 4
ORDINANCE NO. 89 -
Department shall_ (I)_obtain the elevation (in _relation to
mean sea level) of the lowest floor (including basement)_of
all new and _substantially improved_ structures,_ and (ii)
obtain, if the structure has been _ flood -proofed __in
accordance with subsection (c)(3)(ii) of this section, the
elevation (in relation to mean sea level) to which the
structure _was _flood-proofed,_and (iii) maintain a_record_of
al—such rnformat'ror with—t-he--Communrty Deve-lopment
Director.
(10) The Public Works Department shall notify
adjacent communities and the State Coordinating Office prior
to any alteration and relocation of a water course in
riverine situations, and submit copies_ of such notifications
to the Administrator of the Federal Insurance
Administration.
(11) The Public Works Department shall assure
that the flood -carrying_ capacity _ within _the -altered -or
relocated_ portion_ of any watercourse_ is maintained_
(12) _ The _Community_ Development Department shall
require_ that all manufactured_ homes to_be_placed within Zone
-K-on the F1 RM shatrbe instal --ed us-ingofethods_ arid-pr act fce-s
which minimize flood damage____ For purposesof Ythis
requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement.
Methods_ of anchor-inc may include, but are not to_be_limited
to, use of over -the -top or framet i es _to_ ground _anchors_
This requirement _is__in addition _toapplicable State and
other local anchoring requirements _for resisting wind
forces.
(c) Zones Al -30, AE, A, AH, and AO zone
requirements.
(1) AIIdevelopment _ within zones --designated
Al -30, AE, A. AH, and AO on the County FIRM shall meet all
CODING: Words in WUlk1 fM0# type are deletions from
existing law; words underlined are additions.
5
SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:17:40 - OfficialDocuments:693, Attachment Id 0, Page 5
ORDINANCE NO. 89 -
the_ standards_ of Zone A requirements -set out as §21J_16(b)_
above.
2) -All new construction and substantial
----------------------------------------------
improvements of residential structures within Zones Al -30,
--------------
AE, and AH on -the -County -FIRM -shall -have -the -lowest -floor
(including basement) elevated to or above the base flood
level.
)—Al -1 --new r- on s tr uc t4-onand subst-ani-i-a-I-
improvements of nonresidential structures within Zones
Al -30, AE, and AH on the County's FIRM -shall -(i)- have -the
lowest floor, including basement, -elevated -to or -above -the
base flood level, or (ii) to ether with attendant utiIit
and -sanitary -facilities, _ be designed so -that -below -the -base
flood level of the structure is watertight- with --walls
substantiallyimpermeableto _the -passage -of water -and with
structural components- having the capabilityof -resisting
-
hydrostatic and -hydrodynamicloads_and-effects-of-buoyancy.
-
(4) Where a nonresidential structure is intended
--------------
to- be -made_ watertig_
htbelow_ the base flood level, (i) a
- - - -------------------------
registered -professional -engineer or architect -shall develop
n -d nr—rev-i-ew structUra-I desi-gn, spec_i_fi`c_at_i-ons,-and-plans
for the construction, and shall certify that-the_design_and
methods --of- ---- construction are in accordance with accepted
--------------------------------------------------
standards -of -practice for meeting the applicable provisions
of §211-16(c)(3)(ii) or §214-16(c)(8)(ii), and (ii) a record
of such certificates which includes the specific_ elevations
------------------------------------------
(in relation to mean sea level) to which such structures are
---------------------------------------------------------
flood-proofed ---shall -- be --maintained-- by__ t he -- Community
Development Director.
(5)--- All-- new --construction _-and-- substantial
improvements__ that fully enclose_ areas below the lowest
floor that are subject__ to flooding_- shall -be_ -
designed to
automatically equalize_ hydrostatic flood - forces-on_exterior
wa I -I s- by a l I ow i-n� _forte-he---en#-r"nd—e-x i �o-f-f-I-oodwa-tex-s-.
Designs _for meeting this --requirement must _-either be
CODING: Words in type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 2013- 11:17:41 - OfficialDocuments:693, Attachment Id 0, Page 6
ORDINANCE NO. 89-
certified -by-a-registered-professional-engineer-or architect
or meet or exceed the following minimum criteria: a minimum
of -two openingshavinga-total net -area of -not -less than -one
square inch for every -square -foot- of enclosed area subject
to flooding-shall-be-provided`--The-bottom of all openings
shall -be -no higher than one -foot above -grade_- Openings may
be equipped with screens, louvers, valves, or other
over' s-or-devi-ces-pnovt-ied-ha#--h€y-pe-rmit_the automatic
entry and exit of floodwaters.
(6) All manufactured homes to be placed or
substantially improved within Zones Al -30, AH, and AE of the
County's FIRM shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or
above the base flood elevation; and be securely -anchored -to
an -adequately -anchored foundation system -in-accordance with
the provisions -of §212_16(b)(12).
(7)-- Within -any _AO zone on the County's -FIRM, all
new construction and substantial improvements -of -residential
structures shall have the lowest floor (includingbasement)
elevated-above-the highest adjacent grade, -at-least -as -high
as_the _depth _number-spec-Ffi-ed i-n_fee-tin--the-Coun-ty'-s FIRM
(at least two feet --if - no depth number is --specified)_
Highestadjacent -grade--shall -mean--the—highest--natural
elevation -of the ground -surface- prior to construction next
to the r2posed wall of the structure.
(8)— Within any AO -zone -on -the County's -FIRM -all
new construction and substantial improvements of
nonresidential structures shall ( i ) have the lowest floor
(including - basement) -elevated above--the-highest—adjacent
grade at- least _as_high-as-the-depth number -specified -in feet
on -the -County's FIRM -(at_least two -feet -if no -depth -number
is- specified) -_or (ii)- together withattendantutility -and
sanitaryfacilitiesbe completely flood_ proofed tothat
level-t or_mee-t tie - f I ood_proo_# i_ng-Ltand- a-r�-uspeLtL±d i�
§212-16(c)(3)(ii).
CODING: Words in WOU/ilh60t1h� type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 20131- 11:17:41 - OfficialDocuments:693, Attachment Id 0, Page 7
ORDINANCE NO. 89-
(9) Within any A99 zones on the County's FIRM the
standards of paragraphs 211-16(b)(2) thru (b)(4)(i) and
(b)(9) thru (b)(12) of this section shall be met- and all
proposed construction, -or - other -development --including the
placement of manufactured homes, shall be required to obtain
permits- so- that, the Community Development- Department may
determine whether such construction or other development is
roposed_within_tIo_od-prone- areas
(10)-- Until- a- regulatory -floodway is designated,
no new construction, substantial improvements, or other
development -(including -fill)- -
shall be permitted -within -Zones
Al -30 and AE on the County's FIRM, unless it is demonstrated
that _the -cumulative -effect -of- the -proposed -development,-when
combined with all other existing and anticipated
development,- will- not increase -the- water surface elevation
of the base flood more than one foot _at -any -point -within -the
community_--Regulatory-floodway shall- mean the channel -of a
river or other watercourse and the adjacent land areas that
mus t be reserved in order to discharge the -base flood
without -cumulatively -increasing the water surface elevation
more than -a designated height_
(11) Within Zones AH and AO, adequate drainage
paths- around -structures--on- slopes -to - guide flood -waters
around -and away from proposed -structures -are -required.
(d) --Regulatory floodway development regulations_
The Public Works Department shall utilize final flood
elevations within Zones Al -30 and/or AE on the County's FIRM
and, if available, utilize base flood elevations for the AO
zones, AH zones, A99 zones, and A zones on the County's -FIRM
to- designate--its--regulatory__ floodway-byselecting and
adopting -a regulatory -floodway _based on theprinciplethat
the area chosen for the -regulatory -floodway-must-be-designed
-----------------------
to carry the water of the base flood, without increasing the
CODING: Words in $tfUlkltVlr` Oft type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 20131- 11:17:41 - OfficialDocuments:693, Attachment Id 0, Page 8
ORDINANCE NO, 89 -
water surface elevation of that flood more than one foot at
any_point_--Encroachments, including -fill, -new -construction,
substantial -improvements,- and -other development within -the
adopted --regulatory-_floodway that would _ result -_in--any
increase in flood levels within the county durinq the
occurrence of the base flood discharge shall -be prohibited_
(e) Zone V1-30, VE, and V requirements.
(I-) The Commtuntty pe+gel-pment--Depa-rtme-n- sha-I-I
------------------------------------------------
require developments within -Zones -V1_30_ -VE, and V on the
_
Countv's FIRM to meet the requirements of 4211-16(c)(1) thru
(11) of this section.
(2) The Community Development Department shall,
within Zones -V1-30, VE, and V on the County's FIRM, (i)
obtain the elevation (in relation to mean sea level) of the
the bottom or the lowest structural member of the lowest
floor (excluding pilings and columns) of all new and
substantially improved structures, -and whether or not -such
structures contain a basement, and (ii) maintain a record of
such information with the Community Development Director_
(3) All new construction within Zones V1-30, VE,
------------------------------------------------
and—V an the County's FIRM must be located- I-andward of the
----------------------------------------------------------
reach of mean high tide.
----------------------
(4) All new construction and substantial
improvements -in -Zones V1_30 and VE, and also -Zone _V -if -base
flood elevation data is available on the County's FIRM, must
be elevated on pilings and columns so that (i) the bottom of
the lowest horizontal structural member of the lowest floor
(excluding-the-pilings_and columns) -is- elevated _to_or-above
the base flood level; and (ii) the pile or column foundation
and structure attached thereto must be anchored to resist
flotation, collapse, and lateral movement due to the effects
of wind --and- water loads _ acting__simultaneously—on_-all
building -components.-_ Wind_and water_loadin9 values
-shall
each have a-afle-percent-chance -of being equa-I-+ed-or exc-eeded
---------------------------------------------------------
CODING: Words in $tf00IW60# type are deletions from
existing law; words underlined are additions.
smeadsoft Reprint Date: Wednesday, August 14, 2013 - 11:17:41 - OfficialDocuments:693, Attachment Id 0, Page 9
ORDINANCE NO. 89 -
in any given year (100 -year -mean -recurrence -interval).- A
registered-professional_engineer or architect -shall -develop
or review the structural design, specifications, - and -plans
for the construction, and shall certify that the design and
methods of construction to be used are in accordance with
accepted_standards_of- practice -for -meeting -the _ provisions_ of
this subsection.
(5.r) A H new ns truc t i o n and suhs-tars-t-i-a l -
improvements within Zones V1-30, VE, and V on the County's
FIRM shall -have the -space -below -the _lowest _floor -either-free
of obstruction or constructed with nonsupporting breakaway
walls, open wood lattice -work, or insect screening_intended
t2__collapse_ under wind and water loads without causing
--------------------------------------
collapse,- displacement, or other structural damage to the
elevated portion _of -the building -or supporting foundation
system_--For-the- purposes of_this- sect ion, _a- breakaway -wall
shall -have -a-designsafeloadingresistanceof-not -less -than
----------- - _
10 and no more than 20- pounds persquare-foot_-- Use of
breakaway walls - which exceed a --design -- safe loading
resistance -of20 pounds _per -square -foot -(either _by design -or
-
when so-requ_i_red_byIoca-1_or- state _codes} maL_be_pLm_i-tt-ed
only if a _registered -professional- engineer -or -architect
certifies that the designsproposed meet--the--following
- _
--------------- -
conditions: -(i)-breakaway wall- col -lapse shall -result-from -a
water load less than that which would occur during the base
flood; and (ii) the elevated portion -of the building -and
supportingfoundation --system - -- -
shall notbe subject to
--
collapse_ - displacement _-or other structural damage- due -to
the effects of wind and water loads acting simultaneously on
--------------------------------------------------------
all_building- components- (structural and nonstructural).
Maximum wind and water loading -values to -be-used- in this
determination shall each have one -percent chance of _being
equalled -or- exceeded in any -liven year -(100-year -mean
recur renct--i nterva-1 ) :-
CODING: Words in WUVW6000 type are deletions from
existing law; words underlined are additions.
SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:17:42 - OffcialDocuments:693, Attachment Id 0, Page 10
ORDINANCE NO. 89 -
Such enclosed space shall be useable solely for
parking -of vehicles__ building_ access, or storage.
(6) The use of fill for structural support of
-----------------------------------------
buildings-within Zones V1-30, VE, and V -on- the -County's -FIRM
is prohibited.
(4-) Akan -made a -1 -ter -at ion of sa-nd—lune-s--nd
mangrove stands within Zones V1-30, VE, and V on the
County's -FIRM -which _would -increase -potential _flood -damage -is
prohibited_
SECTION 3
Conflicting Provisions
---------------------
Special Acts of the Florida Legislature applicable
only to unincorporated areas of Indian River County, County
ordinances, and County resolutions, or parts thereof, in
conflict with this ordinance are hereby superseded by this
ordinance to the extent of such conflict.
SECTION -4
Severability
1-f any sectio, cr Vf—ny—serlterrc-e, pa-ragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance,
and _t shall be construed_ theIeg_islative intent to pass the
ordinance without such unconstitutional, invalid, or
inoperative part.
SECTION_5
Incorporation in Code
This ordinance shall be incorporated into the Code
of Laws and Ordinances of Indian River County and the word
"ordinance" may be changed to "section," article," or other
appropriate word, and the sections of this ordinance may be
renum ered or re eta to accomp ish sucTY--Pu-Mz ses.
CODING: Words in $tt0eIk116t66# type are deletions from
existing law; words underlined are additions.
11
smead5oft Reprint Date: Wednesday, August 14, 201 - 11:17:42 - OfficialDocuments:693, Attachment Id 0, Page 11
ORDINANCE NO. 89-12
SECTION_6
Effective Date
This ordinance shall become effective when a copy
is accepted by postal authorities for special delivery by
registered mail to the Department of State, pursuant to
The Board of County Commissioners of Indian River
County waived notice requirements of §125.66(1), Florida
Statutes, by a 415 vote, declaring that an emergency exists
and immediate enactment of this ordinance is necessary.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 2nd
day of May, 1989.
This ordinance was advertised in the Vero Beach Press
Journal on the 15th day of April, 1989, for a public hearing
to be held on the 2nd day of May, 1989, at which time it was
moved for adoption by Commissioner - Eggert__-_, seconded
by CommissionerScurlock ____ and adopted by the
_
fo-t-I owl ng votC-:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Ave
Commissioner Richard N. Bird ay
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FL.ORiDA
Attest:
By �.4
Ary C Wheeler:
rman
J fr K. Barton, Clerk
Ir't t „
.........
. 1w. 4
{,
Acknowledgment by the Department of State,.of the State of
Florida, this 8th_ day of May 19,89.
Acknowledgment from the Department of State received on this
11th day of_ M�-_____-_, 1989, at 9:00_ a.m./p.m. and
filed in the Office of the Clerk to the Boar-d'of County
Commissioners of Indian River County, Florida, along with
registered mail receipt a—tee 89.
CODING: Words in $I`i'Oifi6t/NNO� IA type are deletions from
existing law; words underlined are additions.
12
SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:17:42 - OfficialDocuments:693, Attachment Id 0, Page 12