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HomeMy WebLinkAbout2012-036ORDINANCE 2012-036 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs) AND CODE OF LAWS AND ORDINANCES; PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR AMENDMENTS TO COUNTY CODE CHAPTER 401, BUILDING CODES, TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS AND LOCAL TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Indian River County, and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, Indian River County was accepted for participation in the National Flood Insurance Program on July 3, 1978, and the Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, Section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the Board of County Commissioners has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code; and WHEREAS, the Board of County Commissioners has adopted a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas and, pursuant to Section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Underline: Additions to Ordinance Stfike-fhreur Deleted Text from Existing Ordinance 1 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Building Code; and WHEREAS, the Board of County Commissioners has adopted a requirement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits over a ten-year period, for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program's Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County that the Indian River County Land Development Regulations (LDRs) Chapter 901, Definitions, and Chapter 930, Ston-nwater Management and Flood Protection, be amended as follows, and local administrative amendments to the 2010 Florida Building Code be adopted as follows: SECTION 1. RECITALS. The foregoing whereas clauses are incorporated 'herein by reference and made a part hereof. SECTION 2. AMENDMENTS TO LDR CHAPTER 901, DEFINITIONS. Certain definitions, in alphabetical order, in Section 901.03 are hereby added or amended to read as follows: Alteration of a watercourse A dam impoundment channel relocation, change in channel alignment channelization or change in cross-sectional area of a channel or a channel capacity, or another form of modification which may alter, impede retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. For purposes of County Code Chapter 930 relating to flood protection, means a request for a review of the interpretation by the community development director of any provision of Chapter 930 floodplain regulations tlhis efdinanse or a request for a variance. ASCE 24 A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. year -A flood having a 1 -percent chance of being equaled or exceeded in any given year fAlso defined in FBC B] The base flood is commonly referred to as the "100 -year flood" or the "I - 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 Underline: Additions to Ordinance Strike-thFou&. Deleted Text from Existing Ordinance 2 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, Bl Basement. A story partly underground and having at least one-half ('/2) of its height above the average adjoining grade. A basement or cellar shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five (5) feet. For purposes of County Code Chapter 930 relating to flood protection, "basement" means that portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, Bl Coastal construction control line. A line of regulatory 'uFisd "+'"" as established in 1987 by thee Florida DepaAment ef Natural Reseumes (Seetion 161.053 F.S.) All aefivity seawafd of the line must be eeor-dinated with F P.N D . The line established by the State of Florida pursuant to Section 161.053, F S and recorded in the official records of Indian River County, 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. an area of speeial fl "'"azar`' f.,,v,., eK4ea iag oF� here to the if lan a lifnit of a primary ffeRW dune along an open eeast and my other- area subjeet to high Velee-ty wave aetion ffem s+,.soufees 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 subiect to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Mans (FIRM) as Zone V1 -V30 VE or V. [Note: The FBC,13 defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC R uses the term "coastal high hazard areas."] Design flood The flood associated with the greater of the following two areas: [Also defined in FBC B 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 1612.2.1 Development, floodplain For purposes of County Code Chapter 930 relating to flood protection 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 within a special flood hazard area. Underline: Additions to Ordinance Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Encroachment, floodplain 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 For purposes of County Code Chapter 930 relating to flood protection means any buildings and structures for which the "start of construction" commenced before July 3 1978. [Also defined in FBC, Bl Existing eonstirmetion. for- paTeses ef County Code Chapter- 930 relating to fleed pr-eteefiefi-, Existing manufactured home park or subdivision. For purposes of County Code Chapter 930 relating to flood protection, means a manufactured home park or subdivision for which the m&iufaetwed homes are to be affixed (ineluding at a minimum the installe6en of utilities, eenstmetion of streets, and either- final site gr-ading or- the petifing of eoi+er-ete pads) was . construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum the installation of utilities, the construction of streets and either final siterg_ading or the pouring of concrete pads) is completed before July 3, 1978. Federal Emergency Management Agency (FEMA). The federal agency that, in addition to cgUi g out other functions administers the National Flood Insurance Program. Flood (flooding). A general and temporary condition of partial or complete inundation of normally dry land areas from: [Also defined in FBC, Bl 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, Bl Flood hazard area The greater of the following two areas: [Also defined in FBC, Bl 1. The area within a floodplain subject to a 1-yercent or greater chance of flooding in any mar. 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 Flood Insurance Study (FIS) The official report provided by the Federal Emergency Underline: Additions to Ordinance Stfike-tl"ugh-. Deleted Text from Existing Ordinance 4 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Management Agency that contains the Flood Insurance Rate May, 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 1612.2.1 Floodplain. Nmienal Flood lasur-anee Program as an A zooe or- V zone on flood' te maps or- t4 hazard beundaFy maps, An area having a one (1) percent or greater chance of being flooded in any_given year. Floodplain Administrator. The office or position designated and charged with the administration and enforcement of these floodplain regulations (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 these floodplain regulations. Floodway._ The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively_increasing Lthe water surface elevation more than one (1) foot. [Also defined in FBC B Floodway encroachment analysis An engineering analysis of the impact that a proposed encroachment into a floodway_is expected to have on the floodway boundaries and base flood elevations,• the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code The family of codes adopted by the Florida Building Commission, including: Florida Building Code Building Florida Building Code Residential; Florida Building Code Existiniz Buildinz 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. Underline: Additions to Ordinance Stfike-t#reuglr: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Historic structure. faeans Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chanter 11 Historic Buildings. (a) Listed indiy dull y i the Nati ,nal Register- ster- .. f Hinter -ie Dlaeos (a listing d 4 d by the seer etar-y o f the :n4e«e« as eet:ng the «o e en4s individual !hl G «4 fi d or Letter listing en the national preliminarily dete,.m , :s4er ned by the seeretar-y e f the :nte«:s,« as t 'h 4' G�2iCZiVLtC1T1�C0"C12GT1TSCV1'i�'R7'"7SgISI1TGLiiiG 4 the hist.,, -Wal iflea n teed vi w. registered h:ster- a d:stfie • ,...+.....+..y ) individually listed nft a s4nte : n4er-y of h:ster-ie pWes : states with h' terie e f the interior-; with h' 4 tion p , .,t:,.., .. ,.hieh have Leen approved .. 'hat have been eeftif by the se fete«„ ed e:the«• 1 B .f,4e iircvrrvi 7 Tl' appFeed state ,- yr tl by the e «et.,«,, pregr-ams deteffn ned by the of the .,4eio« : states e etar-Y v,.aa� o f the ithe ut approved- ,oed Letter of Man Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of May Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones flood elevations special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areasA CLOMR does not revise the effective Flood Insurance Rate Map or Flood Underline: Additions to Ordinance Strike-thFOUgh, Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Insurance Study upon submission and approval of certified as -built documentation, a Letter of Msp 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 SDecial features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area (ineluding basement). "" unfinished he or- flood Fesi4efA eaelesu-Fe, usable solely for- pe&kjag of vehieles, building aeeess or- 4er-age in FA, ether than - basement- area is --+. eensider-e - 1--lding's lewest 1-100- f a building or structure, including basement but excluding_any unfinished or flood -resistant enclosure, 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 Florida Building Code or ASCE 24. [Also defined in FBC, Bl Manufactured home. A structure, transportable in one or more sections, which is bui4t— A home" alse-ineludes park tfailer-s,-4favel tfailer-s, and other- similar- vehieles plaeed on a site greater- than one htmdr-ed eighty (180) eenseeative 4ay-s-. eight( 8) feet or more in width and greater than four hundred (400) square feet and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Market value The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts As used in these floodplain regulations, the term refers to the market value of buildings and structures excluding the land and other improvements on the parcel Market value may be established by a qualified independent appraiser; or may reflect Actual Cash Value (replacement cost depreciated for age andgualrty of construction); or may be established using tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of County Code Chapter 930 relating to flood protection and requirements of the Florida Building Code, means any structure for which the "start of construction" commenced after July 3, 1978. The term also includes any subsequent improvements to such structure. Underline: Additions to Ordinance Stfik@ through Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 3, 1978.t -ie Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in 15C-1.0101, F.A.C.] Recreational vehicle. avehieular, pertable stmetwe whieh is built ehas is; ""i designed as a tefaperaFy dwelling for tra-vel and Feerea4ion, and whieh has a size flet emeeedi*g fetir hundred in nm square feet i the set up �a A vehicle, including a park trailer, which is: [Defined in Section 320.01(b), F.S.) 1. Built on a single chassis; 2 Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a li hg t=duty truck; and 4 Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Sand dunes. means Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. means the area having -a one (1)-peree=-t o= greater- e--a--ee of b ----b flooded in '-An area in the floodplain subject to a 1 percent or greater chance of floodin ig_ n any >?iven year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al -A30 AE A99 AH, V1 -V30, VE or V. [Also defined in FBC, B] Start of construction. for r o of r,.,,, ty rode'hayt—o�"ncr relating to floocr=ivteetiorr, permit w sued, The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it Underline: Additions to Ordinance StfikO threughr Deleted Text from Existing Ordinance 8 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. 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 of not that alteration effects the external dimensions of the building. [Also defined in FBC, Bl Substantial damage. means Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. [Also defined in FBC, Bl Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during 10) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. For each building or structure, the 10—year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. 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, Bl 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. Underline: Additions to Ordinance 84fike thFougW Deleted Text from Existing Ordinance 9 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ~111 pir rM - AM I "M MONMOP-MMMMI Underline: Additions to Ordinance 84fike thFougW Deleted Text from Existing Ordinance 9 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 The t - .1 0) + how1, o iffi—p-r-evefaeot Purpose and stove. elu Rules of construction; applicability. to eefFee of> Sec. 930.05. Prohibited activity. Sec. 930.06. > Sec. 930.07. Review criteria for all development projects. Sec. 930.071. Drainage basin maximum discharge rates. Sec. 930.08. Permit requirements. Sec. 930.09. HeM Required information to be submitted by Type B and C permit applicants after issuance of permit. Sec. 930.10. Permit application and review procedures. nhistefie n Pr-Ovided that n n stmetffe, Tyne A Stormwater Management System Permit (SWMS Tyne A). The vermit for approved stormwater conveyance treatment and discharge associated with development activities where all proposed development is located in flood zone x or outside of a special flood hazard area. Tyne B Stormwater Management System — Flood Protection Permit (SWMS Tyne B). The permit for approved stormwater conveyance treatment and discharge associated with development activities where property within the proposed development is partially or wholly encumbered by a special flood hazard area or coastal high hazard area. Type C Permit A single family residential (single duplex, triplex auadplex) floodplain management permit associated with a structure partially or wholly within a special flood hazard area. SECTION 3. AMENDMENTS TO LDR CHAPTER 930 STORMWATER MANAGEMENT AND FLOOD PROTECTION. Chapter 930, Stormwater Management and Flood Protection, is hereby amended as follows: CHAPTER 930. STORMWATER MANAGEMENT AND FLOOD PROTECTION Sec. 930.01. Short title. Sec. 930.02. Purpose and stove. Sec. 930.03. Rules of construction; applicability. Sec. 930.04. Definitions. Sec. 930.05. Prohibited activity. Sec. 930.06. Exemptions. Sec. 930.07. Review criteria for all development projects. Sec. 930.071. Drainage basin maximum discharge rates. Sec. 930.08. Permit requirements. Sec. 930.09. HeM Required information to be submitted by Type B and C permit applicants after issuance of permit. Sec. 930.10. Permit application and review procedures. Underline: Additions to Ordinance Strike thwugh� Deleted Text from Existing Ordinance 10 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf Sec 930.11. Sec. 930.12. Sec. 930.13. Sec. 930.14. Sec. 930.15. Sec. 930.16. Section 930.01. Short title. ORDINANCE 2012-036 Floodplain development inspections. Administrative duties. Variances and appeals. Appealpr-eeedwe-. Violations and Notice. Vested rights. Disclaimer of liability. This chapter shall be known as the "Indian River County Stormwater Management and Flood Protection Ordinance." Section 930.02. Purpose and scope. (1) The purpose of this chapter is to protect the health, safety, and welfare of the citizens of Indian River County; to implement those policies and objectives found in the drainage sub -element of the county's comprehensive plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; and to ensure replenishment of the county's aquifer systems to provide a continuing usable water supply; to reduce stormwater pollutant loading of the Indian River Lagoon; and to provide proper floodplain management. (2) The provisions of the floodplain regulations in this chapter shall applyto o all development 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 C, ode; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming_ pools; and M other development, in the unincorporated area of Indian River County that is wholly within or partially within any flood hazard area. (3) The purpose of the floodplain regulations in this chapter and the flood load and flood resistant construction requirements of the Florida Building Code is 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 excavating and drilling operations storage of equipment or materials and other development which may increase flood damage or erosion potential; Underline: Additions to Ordinance Deleted Text from Existing Ordinance 11 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 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. 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. (4) The floodplain regulations in this chapter are intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (5) The degree of flood protection required by these re¢ulations and the Florida Building Code as amended by this community, is considered the minimum reasonable for regulato1y 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. These floodplain regulations do not imply that land outside of mapped special flood hazard areasor that uses permitted within such flood hazard areaswill 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 Mks 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 communi1y to revise those 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. Section 930.03. Rules of construction; applicability. (1) Applicability. The requirements of this chapter are intended to implement regulations of the Federal Emergency Management Agency set out as Title 44, CFR, the National Flood Insurance Program Regulations, and are intended to complement regulations of the Florida Department of Environmental Protection (FDEP) including but not limited to those found in Florida Administrative Code, Chapter 16-25, Regulation of Stormwater Discharge, Chapter 62-3, Water Quality Standards, and Chapter 62-4, Permits, Chapter 62-330, Environmental Resource Permitting, Chapter 62-312, Dredge and Fill Activities, and the Stormwater Rules of the St. Johns River Water Management District, all as adopted or as may be amended from time to time. 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 FDEP permitting requirements for use of the "landward extent of waters of the state," as that term is defined by Florida Administrative Code, Chapter 62-301.200(4). In the event of a conflict Underline: Additions to Ordinance StFike-thr-ouglr Deleted Text from Existing Ordinance 12 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 between this chapter and any other law or regulations, this chapter shall be interpreted to avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If this chapter is more restrictive, the provisions hereunder shall prevail, and no conflict will be considered to exist. (2) Areas to which the floodplain regulations in this chapter apply. The floodplain regulations in this chapter shall apply to all flood hazard areas within unincorporated Indian River County as established in Section 930.03(3) of these regulations. (3) Adoption of Flood Insurance Rate Maps. The Flood Insurance Study for Indian River County dated December 4 2012, 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 these floodplain regulations 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 Indian River County Community Development Department. (4) Submission of additional data to establish flood hazard areas. Pursuant to Section 930.07(2)(4) of the floodplain regulations in this chapter, the Floodplain Administrator may require submission of additional data in order to establish flood hazard areas and base flood elevations 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 a special 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 a special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. (5) Other laws The provisions of these floodplain regulations shall not be deemed to nullify_ any provisions of local, state or federal law. (6) Abrogation and greater restrictions. These floodplain regulations supersede any ordinance in effect for management of development in flood hazard areas. These regulations are not however, 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 these floodplain regulations and any other regulations the more restrictive shall govern. These floodplain regulations shall not impair any deed restriction covenant or easement but any land that is subject to such interests shall also be governed by these regulations. Underline: Additions to Ordinance Strike-tlareegk: Deleted Text from Existing Ordinance 13 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (7) Interpretation In the interpretation and application of these floodplain regulations, all provisions shall be: 1. Considered as minimum requirements; and 2. Deemed neither to limit nor repeal any powers granted under state statutes. Section 930.04. Definitions. Refer to Chapter 901 of this code for definitions applicable to stormwater management and flood protection. Section 930.05. Prohibited activity. (1) It shall be illegal and subject to the penalties provided herein for any person to construct, or arrange for, authorize, or participate in the construction of a development project within the unincorporated area of Indian River County without first obtaining a valid permit to construct either a stormwater management system (hereinafter referred to as a Type A permit), a flood protection-stormwater management system, when applicable, (hereinafter referred to as a Type B permit), or a flood management system when applicable, (hereinafter referred to as a Type "C" Permit), when apphea''te-, pursuant to this chapter. (2) It shall be illegal and subject to the penalties provided herein for any person to construct anv structure and/or alter any stizue4ffe property in such a mamler as to impede the functioning of a drainage system that is: (a) Publicly maintained or; (b) Located on private property and is a part of a drainage system serving more than one (1) property owner when such system is le :_a in an easemeH4 Whie>7 exists for the benefit of other land owners or has historically provided drainage. (3) It shall be illegal and subject to the penalties provided herein for anv person, - corporation or association responsible for maintenance of a drainage system or component of a drainage system to fail to maintain that system or component of a drainage system that is: (a) Publicly maintained or; (b) Located on private property and is apart of a drainage system serving more than one (1) property owner when such system exists for the benefit of other land owners or has historically provided drainage. (4) Unless otherwise permitted, it shall be illegal and subject to the penalties provided herein for any person to discharge any fluid discharge from a washing machine or any Underline: Additions to Ordinance Stfil£e-threagk. Deleted Text from Existing Ordinance 14 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 mechanical device into any stormwater management system. Section 930.06. Exemptions. (1) The following activities shall be exempt from the permitting requirements of this chapter: (a) The construction of an individual detached single-family residence (RSF), duplex, triplex, or quadraplex residences, together with accessory structures, provided that said residences and accessory structures are not located in special flood hazard areas, as identified in Section 930.07(1)(s). However-, The provisions of Section 912.08, however, will be applicable. When located in a special flood hazard area, the applicant shall be required to obtain a flood management system permit (Type C) which shall be issued upon the applicant demonstrating compliance with Section 930.07(2) (b) Bona fide agricultural uses except when an artificial drainage system will be used to increase the flow of surface water from the applicant's land to a county maintained drainage system, or when the particular agricultural use requires site plan approval. (c) Maintenance work performed on existing mosquito control canals or impoundment areas. (d) Any maintenance, alteration, renewal, repair, use or improvements of an existing structure which does not change or affect rate or volume of stormwater runoff or the construction of any structure or addition thereto which does not create an impervious surface exceeding ten (10) percent of the site or five thousand (5,000) square feet, whichever is less. (e) All activities by a water management district, drainage district, or water control district established under the laws of the State of Florida and all activities undertaken by the State of Florida, Indian River County, or any incorporated municipality within Indian River County, within their respective easements and rights-of-way. (f) Any activity or development project which can be demonstrated by the applicant., in accordance with section 930.15 hereof., to have vested rights. (2) This chapter shall not be construed to prevent the doing of any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in eminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection Underline: Additions to Ordinance StFike-dweteg . Deleted Text from Existing Ordinance 15 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 of the property. 0* A report of any such emergency action shall be made to the department of public works by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but not more than ten (10) days following such action. Remedial action may be required by the director of public works subject to appeal to the board of county commissioners in the event of dispute. Section 930.07. Review criteria for all development projects. (1) Stormwater management system permit (Type A). A41 When a development projects -are is determined not to be within a flood hazard area. a. Type A r-equ ~"ad to+q Abt a stormwater management system (SWMS) permit shall be required and the project shall meet _ejeet shall be issued urAess the following No Type A pefmit to devejepmen4 pr criteria: are-nwy- (a) The design of the on-site stormwater management system and of any off-site stormwater management system improvements shall be based at a minimum on the impact of a twenty -five-year frequency, twenty -four-hour duration storm event on the development project as proposed. Th design of """ ­rTsit' The modified Type II SCS rainfall distribution shall be used. Post development runoff shall not exceed pre - development runoff unless a maximum discharge rate has been adopted for the applicable drainage basin and the discharge does not exceed that rate. Maximum discharge rates for each basin shall be adopted by an ordinance amendment to section 930.071 herein. if - - a '' + '' "+ bee "`'""+"a � - Me disr.hffge-. (b) The hydrologic computations for the stormwater management system shall be based on full hydrograph generation for the development project and contributory area utilizing such methods as published by the Soil Conservation Service (USDA, SCS, "National Engineering Handbook", Section 4, Hydrology: 1985 and "Urban Hydrology for Small Watersheds", Technical Release No. 55: 1986). For projects of less than twelve (12.0) acres, the rational method of runoff computation is satisfactory. The rainfall intensity -duration -frequency curves provided in Volume 2 -Procedures Florida Department of Transportation (FDOT) Drainage Manual are hereby incorporated as a part of this chapter and shall be used in making all required hydrologic computations. (c) Retention or detention with filtration of the runoff from a minimum of the first one (1) inch of rainfall shall be provided on-site. Credit for soil storage shall be given in retention of the first one (1) inch of rainfall. Detention with filtration or Underline: Additions to Ordinance Stfike-thFough, Deleted Text from Existing Ordinance 16 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 retention shall be provided on-site for the initial one (1) inch of rainfall plus additional stormwater runoff generated by the development project over and above that generated by the site prior to the proposed development unless there is a legal positive outfall available that has sufficient capacity to accept the additional runoff. All discharges from non-residential sites within one (1) mile of the Indian River Lagoon shall be designed to retain the first one and one-half (1 1/2) inches of rainfall on-site before discharge into a legal positive outfall, or the Indian River Lagoon. (d) Retention or detention facilities shall be constructed in such a manner as to maximize utilization of available percolation capabilities on the site for recharge enhancement and to minimize mosquito breeding by being shallow­,4ff4Pe and easy to maintain_ Such facilities and shall have a skimmer mechanism if required by the SJRWMD. Stormwater management facilities which are to be dedicated to the county shall not penetrate the groundwater table. Private wet retention/detention systems shall meet the following criteria: The a"heatiea applicant shall provides a water quality certification from the SJRWMD or Florida DEP that the direct connection to the groundwater table, as proposed, will not significantly detract from the quality of the groundwater. If the size of the development project is below SJRWMD or DEP thresholds, this certification can May be waived; 2. The site is shall not be located on the primary sand ridge or in designated shallow aquifer recharge areas as delineated on Figure 3.D.2 of the natural groundwater aquifer recharge sub -element of the county's comprehensive plan. 3. Littoral zones shall be provided in accordance with Chapter 934 of this Code. 4 Where ponds are greater than one acre in area at normal pool elevation., may use the stormwater run-off contained in such penA(s) ponds may be used for irrigation purposes. 5. As the SJRWMD requirements for treatment are equal to; or more stringent than the county's, the issuance to the applicant of an appropriate SJRWMD permit, exemption, or waiver for the subject development in geestiee shall be sufficient and conclusive to show that all water quality treatment standards contained in this code are satisfied. For issuance of a Type A, B or C permit, the applicant must show adherence to other sections of this code related to flood regulation, water rate and quantity discharge regulation and other appropriate regulations contained herein. Underline: Additions to Ordinance Deleted Text from Existing Ordinance 17 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (e) Discharges from the development project shall be conveyed to a point of legal positive outfall. Tailwater stages of receiving waters must be taken into account in design, and off-site conveyance improvements or enlargement of existing downstream facilities may be required. (f) A dry detention area shall have an outlet device, and the elevation of that device shall not be lower than the elevation of the off-site receiving channel or water body unless protected by a suitably designed flap gate. If the project site is-leeated has direct outfall i -s to an agency system, the use of a flap gate must be approved by that agency. The bottom elevation of a dry detention or retention system or area used for storage, must be a minimum of one (1) foot above the established wet season water table. (g) Where permitted, open drainage -ways shall retain natural design characteristics and be so designed and protected that they do not present a hazard to life or property. The design shall include measures to protect against scour and erosion and provide for stable side slopes. Whenever possible, such waterways shall provide for adequate flushing action by prevailing winds and currents to ensure the prevention of stagnant water and debris accumulation. (h) Disposition of stormwater runoff. The stormwater management system for developments located predominantly on excessively drained soils shall maximize stormwater infiltration. This shall be accomplished through the use of bottomless inlets, perforated pipes, under drains, grading to retard runoff, natural or artificial retention or detention basins, or other methods, depending on the characteristics of the land area. Specific guidelines are as follows: 1. Areas and lots shall be developed to maximize the amount of rainfall which is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses. Stormwater runoff from roofs and other impervious surfaces shall be diverted into swales, or terraces on the lot. 2. Street drainage shall be by grassed swales, where allowed, or curb and gutter in accordance with county specifications. All curb and gutter systems shall discharge or direct water into a central stormwater tract or across a grassed swale area or other filtering medium. 3. Whenever practical, as indicated by soil characteristics, water table elevation, and topography, the overflow from any swale used shall be diverted to percolation areas, ponding areas or natural or artificial seepage basins of sufficient capacity to retain and provide for the maximum infiltration of stormwater runoff from each drainage area for the design Underline: Additions to Ordinance Strike thr-eugh_- Deleted Text from Existing Ordinance 18 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 storm. Temporary inundation of parking areas is permissible. 4. Whenever practical, except in those development projects where temporary ponding is allowable pursuant to section 930.07(1)(k), each percolation or retention area shall include positive drainage facilities which provide for drainage to a public outfallsi of a lake, or a watercourse to handle the runoff from storms of longer duration and severity than the design storm. 5. The area surrounding retention or detention basins is recommended to be used as public or private open space and shall be grassed. 6. The Soil Survey of Indian River County, Florida, published by the US Department of Agriculture:1987, shall be the document to determine soil classification in this chapter. Such soil classification shall be modified by on-site testing and engineering evaluation. 7. Flood routing analysis for all new local road facilities shall show that the water elevation shall at no time during the design storm duration exceed an elevation that would: a. Permit flood water encroachment outside existing drainage easements, or right-of-way for a three-year/twenty-four-hour duration storm; b. Place more than twenty (20) percent of the front or rear yard area below the flood water elevation at any time during the ten- year/twenty-four-hour duration storm; C. Erweed Be two (2) inches or more above the lowest elevation on the centerline profile of the roadway for a twenty-five-year/twenty- four-hour duration storm; d. r a the kwatieftof Be six (6) inches or less below the finished floor elevation of any structure for the more ei:«eal of either a twenty -five-year, twenty -four-hour (25/24) duration storm or a one hundred -year, three-day (100/72) duration storm, based on which such storm has the higher water elevation. 8. All new storm sewers discharging into any canal or receiving water body shall be designed to convey the permitted discharge after tailwater conditions are considered. 9. All bridges will be designed with the lowest member above the twenty - Underline: Additions to Ordinance Deleted Text from Existing Ordinance 19 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 five-year, twenty -four-hour (25/24) and one hundred -year, three-day storm (100/72) events, or as otherwise directed by the governing water body agency. 10. All proposed culverts or structures within all F.S. Chapter 298 Water Control Districts' rights-of-way or easements shall be approved by the applicable water control district or shall be designed according to the water control districts' published requirements prior to issuance of a stormwater management system permit. 11. In all subdivisions not having a centralized stormwater management system, all side lot and rear lot drainage swal_es shall be a minimum total of twenty (20) feet wide, ten (10) feet on each side of side lot lines. The approval of this type of system is at the discretion of the county public works director and shall erAy be considered only along the crest of the one -mile Atlantic coastal ridge or barrier island where excessive soil permeability exists. 12. New subdivisions located in flood hazard areas or with lots smaller than sixty-five thousand (65,000) square feet, shall not use front, rear or side lot swales as a method for stormwater runoff treatment, except as provided for below. Swales for runoff transference (conveyance) are allowed and shall be designed to maintain a minimum elevation above the twenty -five- year, twenty -four-hour storm event (one (1) foot above twenty -five-year, twenty -four-hour storm is recommended) and contain positive flow (minimum slope of three -tenths (0.3) percent). At the discretion of the public works director, subdivisions not located in a special flood hazard area and having lots less than sixty-five thousand (65,000) square feet in size, are mawobtain a waiver from these swale prohibitions and restrictions, in part or whole, based on site and soil conditions. Waivers will be limited to sites located on the barrier island and the Atlantic coastal ridge running just west of U.S. Highway 1. 13. All new developments located in the shallow aquifer recharge areas identified in Figure 3.D.2 of the natural groundwater aquifer recharge sub element of the county's comprehensive plan shall retain the increase in run-off volume resulting from a twenty -five-year, twenty -four-hour storm event. 14. All slopes greater than six (6) horizontal to one (1) vertical shall be sodded. Flatter slopes, depending on site-specific design, may also be required to be sodded as part of the stormwater management system permit. The public works director, through the county stormwater permit process, may require sodding of flatter slopes if warranted by site or Underline: Additions to Ordinance Deleted Text from Existing Ordinance 20 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 design characteristics. (i) Material specifications for culverts and storm sewers. The following pipe materials are acceptable: 1. Reinforced concrete pipe, fiber reinforced concrete pipe, bituminous coated corrugated steel pipe, aluminum pipe, aluminum pipe arch, bituminous -coated structural plate steel pipe, bituminous -coated steel pipe arch, and HDPE N-12. Other pipe materials may be used, if approved for the intended use by the Florida Department of Transportation. The minimum diameter of single-family residential driveway or stormwater management system discharge culverts shall be twelve (12) inches or its cross-sectional equivalent; 2. Workmanship and pipe materials shall conform to FDOT Standard Specifications, latest edition; 3. FDOT approved pipe material shall be used under county right-of-way pavement and into salt water outfalls. Concrete for reinforced concrete box culverts shall conform to FDOT Standard Specifications, latest edition; 4. inlets. Design and spacing of inlets shall be in accordance with FDOT Standard Specifications, latest edition., or Indian River County Specifications. (j) Drainage structures. All cross drains and storm sewers shall have headwalls, flared -end sections, or terminating structures in accordance with Indian River County Specifications or FDOT Standard Specifications, latest edition. Endwalls, inlets, or other appropriate terminating and intermediate structures; and backflow devices may be required where necessary. Exfiltration systems shall be equipped with clean outs at all terminating points. (k) Temporary ponding is allowable in areas specifically designed with high percolation rates (such as east of SR A -1-A on the Barrier Island). The design shall be such that ponding does not last more than eight (8) hours. Temporary ponding in parking lots is permissible, if of shallow depth. (1) Materials used in drainage facilities which cross, traverse, or encroach upon major roads as depicted on the Indian River County Thoroughfare Plan shall be of FDOT approved materials, acceptable to the Indian River Public Works Director and designed for a minimum fifty-year life. (m) (1) All stormwater facilities shall be established in dedicated stormwater Underline: Additions to Ordinance Strike-thretgh+ Deleted Text from Existing Ordinance 21 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 management tracts, easements, or specified common areas. The For subdivisions, the plat and any homeowners' association documents, property owners' association documents, condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, shall specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall appeiidentify an entity responsible for perpetual maintenance and preservation. (2) All wet detention stormwater management tracts (not including swales) greater than one-half (0.5) acre at control elevation, shall include a maintenance area free of obstructions except as otherwise provided below. The maintenance area shall have a slope not steeper than eight -foot horizontal to one -foot vertical (8:1) and shall be a minimum of fifteen (15) feet wide, completely around and outside the area submerged by the twenty -five-year, twenty -four-hour design stormwater elevation. Within residential developments, the maintenance area shall be located entirely within the stormwater management tract and shall not be part of any lot. If proposed lots or tracts are to be under separate ownership, then the maintenance area shall be connected to an ingress -egress or other appropriate easement, or public right-of-way, having a minimum width of fifteen (15) feet. Open channels and swales in single-family residential developments shall be located within easements that are a minimum of fifteen (15) feet wide for access and maintenance. (3) The requirement of a maintenance easement area and the prohibition of obstructions in Subsection (m)(2) may be waived in part or in whole by the public works director based on site and design characteristics, which may include the following: 1. The ability to maneuver and operate maintenance equipment as necessary, 2. Preservation of existing trees and native vegetation, and 3. Proposed landscaping improvements. Generally, landscaping within the maintenance area must be designed using groups of plantings not exceeding fifty (50) feet in length with a minimum separation of one hundred (100) feet between planting groups. Between such groupings a ten -foot wide access path shall be maintained. The county shall not be responsible for restoration of any damage to the landscaping that may occur in the event the county performs maintenance within the maintenance area. (4) The design of retention or detention facilities within a single-family Underline: Additions to Ordinance StfiIe thfeu& Deleted Text from Existing Ordinance 22 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 residential development shall meet slope requirements of the county and any other agency that may employ such criteria. Such retention or detention facilities designed to impound more than two (2) feet of water shall be graded to slopes no steeper than four -foot horizontal to one -foot vertical (4:1) to a minimum depth of two (2) feet below the control elevation, or a properly designed retaining wall shall be used. Drainage systems that will not impound more than two (2) feet of water shall not exceed slopes of three-foot horizontal to one -foot vertical (3:1) unless otherwise approved by the county or provided for under specific design criteria by other sections of the land development regulations. (5) Drainage systems, in all developments other than single-family residential developments, shall maintain maximum slopes of two (2) horizontal to one (1) vertical for swales less than or equal to two (2) feet deep and three (3) horizontal to one (1) vertical for all swales more than two (2) feet deep. (6) Dry retention slopes and wet retention slopes above the design normal or control water elevation shall be grassed or otherwise stabilized. Retention or detention ponds with any area having more than two (2) feet of water at design storm or permanent pool; with the exception of ponds or lakes in golf courses, public parks or in developments in which the pond or lake is designed to serve as an aesthetic amenity to the development, shall be fenced with a minimum four -foot high fence as determined by the public works director. (7) Maintenance areas shall not be required along shorelines adjacent to littoral zones, provided that maintenance access is not inhibited to the remainder of the stormwater management tract. Such access may be provided by means of an easement around the littoral zone, an ingress - egress easement of a minimum width of fifteen (15) feet, a turn -around area within the maintenance area, or as otherwise approved by the public works director or his designee. (n) In watershed areas where the county has adopted a stormwater management master plan, all proposed facilities shall be in conformance with the adopted plan. (o) Stormwater systems connected to F.S. Chapter 298 Water Control Districts' facilities shall be designed to discharge no more than the maximum discharge rate for each respective basin and shall be compatible with the objectives of each district. (p) Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to areas where percolation into the soil can be accomplished Underline: Additions to Ordinance StfikO tlmoo-- Deleted Text from Existing Ordinance 23 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 prior to introduction into any off-site receiving facilities. Pervious areas in the drainage path shall be covered with grass or suitable ground cover which act as effective filtering characteristics. (q) The stormwater management system shall handle all stormwater that flows into, through and from the project without creating adverse impacts on other lands served by the stormwater management system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity. (r) No permit required by this chapter shall be issued for any development project which is designed to discharge directly into; or through an outfall discharging into "Outstanding Florida Waters designated by Florida Statute 403.061(27), unless the system is designed in accordance with the following criteria and the criteria of the St. Johns River Water Management District, in addition to all criteria otherwise stated by this section: 1. Runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to grass swales prior to entering a detention system unless off- line treatment or central treatment is provided; 2. The system shall be designed in a manner complying with the requirements of Florida Administrative Code Chapter 17 4.242 62-4.242, as amended from time to time, and the applicant shall provide the Florida Department of Environmental Protection (FDEP) FDE documentation and proof of such compliance. (s) The applicant shall demonstrate that the development project is not in a special flood hazard area, as defined in Chapter 901. Underline: Additions to Ordinance Strike through- Deleted Text from Existing Ordinance 24 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (t) Provisions applying to re -development of existing development. 1. When existing paved local roads are being resurfaced; or rebuilt., the crown of the road shall be raised to a minimum elevation of the two- year/twenty-four-hour storm event. The center two (2) lanes of rebuilt arterial and collector roads shall be at the minimum elevation of the ten- year/twenty-four-hour storm event. 2. An applicant who is redeveloping Developers e€ a currently developed site; and who is required for any reason to get a major site plan approval; or a major modification of an existing land development permit; must demonstrate that the site has or will have a stormwater management system conforming to Section 930.07(1)(a) and will meet the water quality level of service as required in Section 930.07(1) for the area being re- developed. Stormwater treatment shall be provided for the increase of all proposed new impervious area and fifty (50) percent of the site's impervious area for which no runoff treatment has been previously provided. 3. An applicant who is redeveloping Developers ^£ a currently developed site; and who is required for any reason to get a minor site plan or administrative approval; must provide stormwater treatment for the first inch of runoff for the area being re -developed. The public works director may modify this requirement based on site or design characteristics. (2) niao1agemen. Flood protection requirements. When a development project, building or structure is determined to be within a fleee SDecial flood hazard area as defined in County Code Chapter 901, 3 _ a +� + + �- 0� the development, building or structure shall reviUnderline: Additions to Ordinance StfilEe-dhreugh� Deleted Text from Existing Ordinance 25 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf _pr.W.9 rM M9- efurM F.W.M. FreMMU .0ST-1V z s � (t) Provisions applying to re -development of existing development. 1. When existing paved local roads are being resurfaced; or rebuilt., the crown of the road shall be raised to a minimum elevation of the two- year/twenty-four-hour storm event. The center two (2) lanes of rebuilt arterial and collector roads shall be at the minimum elevation of the ten- year/twenty-four-hour storm event. 2. An applicant who is redeveloping Developers e€ a currently developed site; and who is required for any reason to get a major site plan approval; or a major modification of an existing land development permit; must demonstrate that the site has or will have a stormwater management system conforming to Section 930.07(1)(a) and will meet the water quality level of service as required in Section 930.07(1) for the area being re- developed. Stormwater treatment shall be provided for the increase of all proposed new impervious area and fifty (50) percent of the site's impervious area for which no runoff treatment has been previously provided. 3. An applicant who is redeveloping Developers ^£ a currently developed site; and who is required for any reason to get a minor site plan or administrative approval; must provide stormwater treatment for the first inch of runoff for the area being re -developed. The public works director may modify this requirement based on site or design characteristics. (2) niao1agemen. Flood protection requirements. When a development project, building or structure is determined to be within a fleee SDecial flood hazard area as defined in County Code Chapter 901, 3 _ a +� + + �- 0� the development, building or structure shall reviUnderline: Additions to Ordinance StfilEe-dhreugh� Deleted Text from Existing Ordinance 25 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 be subject to the requirements of this section. seetions 930-07(2)(d) d t, 930-07(2)(k) an (a) Site plans and construction documents. 1 Information for development in flood hazard areas. The site elan or construction documents for any development subject to the requirements of these floodplain regulations shall be drawn to scale and shall include, as applicable to the proposed development: a Delineation of flood hazard areasfloodwav boundaries and flood zones base flood elevations and ground elevations if necessary for review of the proposed development. i Where flood hazard areas base flood elevations, or floodwav data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 930.07(2)(a)2. of these floodplain regulations. ii. Where theyarcel on which a proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 930.07(2)(a)2.a. or b. of these floodplain reizulations. b Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areasnew buildings shall be located landward of the reach of mean high tide - c. Location extent amount and proposed final grades of any filling, grading or excavation. d 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. e. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line if applicable. f Extent of any proposed alteration of sand dunes or mangrove stands provided such alteration is approved by the Florida Department of Environmental Protection. g Existing and proposed alignment of any proposed alteration of a watercourse. Underline: Additions to Ordinance StFike-threu—ghr Deleted Text from Existing Ordinance 26 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 The Floodplain Administrator is authorized to waive the submission of site plans construction documents and other data that are required by these floodplain regulations but 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 these regulations. 2 Information in flood hazard areas without base flood elevations Lapproximate Zone A) Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: a Obtain review, and provide to applicants base flood elevation and floodwav data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodwav data available from a federal or state any or other source; or b Where base flood elevation and floodwav data are not available from another source where the available the data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: i. Require the applicant to develop_ base flood elevation data prepared in accordance with currently accepted engineering practices; or H. Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or maybe greater than three (3) feet. c Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA advise the applicant that the analysis shall be prepared by a Florida licensed engineer in a format required by FEMA and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 3 Additional analyses and certifications As applicable to the location and nature of the proposed development activity and in addition to the requirements of this section the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with site plans and construction documents: Underline: Additions to Ordinance Deleted Text from Existing Ordinance 27 C:\Documents and Settings\tlister0esktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 a. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development 'will not cause any increase in base flood elevations. Where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 930.07(2)(a)4. of these floodplain regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. b. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, a floodway encroachment analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one 1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. c. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering�practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrng capacity, the applicant shall submit the analysis to FEMA as specified in Section 930.07(2)(a)4. of these floodplain regulations. d. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. e. Copies of analyses and correspondence submitted to FEMA shall be provided to the Floodplain Administrator. 4. Submission of additional data. When additional hydrologic, hydraulic or other engineering data studies, and additional analyses are submitted to support an application the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Underline: Additions to Ordinance Strike thF@u&. Deleted Text from Existing Ordinance 28 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Submittal requirements and processing fees shall be the responsibility of the applicant. (b) Buildings and structures. 1 Design and construction of buildings structures and facilities exempt from the Florida Building Code. Pursuant to Section 930.08(2)(b) of these floodplain regulations buildings structures and facilities that are exempt from the Florida Building Code including substantial improvement or repair of substantial damage of such buildings structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 930.07(2)(h) of these floodplain regulations. 2 Buildings and structures seaward of the coastal construction control line. If extending, in whole or in partseaward of the coastal construction control line and also located in whole or in part in a flood hazard area: a 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. b 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 these floodplain regulations and ASCE 24. (c) Subdivisions. 1 Minimum requirements Subdivision proposals including,_ proposals for manufactured home parks shall be reviewed to determine that: a Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b All public utilities and facilities such as sewer, gas, electric, communications and water systems are located and constructed to minimize or eliminate flood damage; and c Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Underline: Additions to Ordinance Strike-throughi Deleted Text from Existing Ordinance 29 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 2 Subdivision plats Where any portion of a proposed subdivision, including a manufactured home park lies within a flood hazard area, the following shall be required: a PreliminM plats and final plats shall delineate flood hazard areas, floodway boundaries flood zones and design flood elevations, as appropriate Where a subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 930.07(2)(a)2.a. or b. of these floodplain regulations. b Preliminary plats and final plats shall be in compliance with the site improvement and utilities requirements of Section 930.07(2)(d) of these floodplain regulations. c. Each lot depicted on a preliminary plat and final plat must include a site suitable for constructing a residential building in conformity with the standards of this chapter. d. Two (2) or more elevation benchmarks must be established on actual exterior plat corners and indicated on the final plat. Said elevations must be referenced to the North American Vertical Datum 1988 (NAVD88) and shall be calculated to within one-hundredth (0.01) foot. A note shall be placed on the final plat, stating the published origin of the datum and elevations. e. PreliminM plats and finals plats with All ~ ee fie agreements f " er- eywhangf a lot or lots within the a flood hazard area ^~^ and all pf-espeet' iftstraffle g title to lots :thin the flood 1,., -ara zone must eafi�, shall have the following flood hazard warning prominently displayed on the document: FLOOD HAZARD WARNING "This property may be subject to flooding during a one hundred -year base flood event. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property." The f 11 b • ..tie shal4 be ; „ luded o tFinal plats shall include the following information, as applicable: boundaries of flood zones; base flood elevations; the date and panel number of the applicable current flood insurance rate map; and a notation, if applicable, that a letter of map revision had been applied for prior to Underline: Additions to Ordinance StME0 444reeghi Deleted Text from Existing Ordinance 30 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 final plat approval, but has not yet been granted (d) Site improvements, utilities and limitations. 1. Minimum requirements. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided toug ide floodwaters around and away from proposed structures. 2. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 3. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on sites in re ug latory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodwav unless the floodwav encroachment analysis required in Section 930.07(2)(a)3.a. of these floodplain regulations demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 5. Limitations on placement of fill. Subiect to the limitations of these floodplain regulations, 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. If intended to support buildings and structures (Zone A only), fill Underline: Additions to Ordinance Deleted Text from Existing Ordinance 31 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 shall comply with the requirements of the Florida Building Code in addition to these requirements - 6. 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 Section 930 07(2)(a)3 d of these floodplain regulations 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 Section 930.07(2)(h)8. of these floodplain regulations. (e) Manufactured homes. I . General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S. and shall comply with the requirements of Chapter 15C-1 F.A.C. and the requirements of these floodplain regulations. 2 Foundations All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: a. In flood hazards areas (Zone A) other than coastal high hazard areas are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and these floodplain regulations. b. In coastal high hazard areas (Zone V) are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and these floodplain regulations. 3 Anchorinz. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation collapse or lateral movement. Methods of anchoring include but are not limited to use of over -the -top or frame ties to ground anchors This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4 Elevation Manufactured homes that are placed replaced or substantially improved shall comply with Section 930.07(2)(e)5. or 930.07(2)(e)6.of these floodplain regulations, as applicable. Underline: Additions to Ordinance Stfike-&eet& Deleted Text from Existing Ordinance 32 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 5. General elevation requirement. Unless subject to the requirements of Section 930.07(2)(e)6.of these floodplain regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 6. Elevation requirements for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 930.07(2)(e)5. of these floodplain regulations, including manufactured homes that are placed replaced or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required as applicable to the flood hazard area, in the Florida Building, (erode Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or b Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height aboverg ade. 7 Enclosures Fully enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8. Utility eauipment. Utility equipment that serves manufactured homes including electric heating ventilation, plumbing, and air conditioning equipment and other service facilities shall comply with the requirements of the Florida Building Code Residential Section R322, as applicable to the flood hazard area. (f) Recreational vehicles and park trailers. 1 Temporga placement Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: Underline: Additions to Ordinance Stfika thf ugly Deleted Text from Existing Ordinance 33 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 a. Be on the site for fewer than 180 consecutive days; or b. Be fully licensed and ready for highway use, which means the recreational vehicle or nark model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 2. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 930.07(2)(fll. of these floodplain regulations for temporary placement shall meet the requirements of Section 930.07(2)(e) of these regulations for manufactured homes. (g) Tanks. 1. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resultingfrom rom hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2 Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of Section 930.07(2)(g)3.of these floodplain regulations shall: a. Be permitted in flood hazard areas (Zone A) other than coastal hiah 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. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above -Around tanks. elevated. Above -around tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood, and Underline: Additions to Ordinance Stfike threugh i Deleted Text from Existing Ordinance 34 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 b Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy, during conditions of the design flood. (h) Other development. 1 General requirements for other development All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these floodplain regulations or the Florida Building Code, shall: a Be located and constructed to minimize flood damage; b Meet the limitations of Section 930.07(2)(d)4, of these floodplain regulations if located in a regulated floodways c Be anchored to prevent flotation collapse or lateral movement resulting from hydrostatic loads including the effects of buovancv, during conditions of the design flood; d Be constructed of flood damage -resistant materials; and e Have mechanical plumbing and electrical systems above the design flood elevation except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical art of building code for wet locations. 2 Fences in regulated floodways. Fences in regulated floodways, such as stockade fences and wire mesh fences that have the potential to block the passage of floodwaters shall meet the limitations of Section 930.07(2)(04. of these floodplain regulations. 3 Retaining walls sidewalks and driveways in regulated floodways. Retaining walls sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 930.07(2)(d)4. of these floodplain regulations. 4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings including roads bridges culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side that encroach into regulated floodways shall meet the limitations of Section 930.07(2)(d)4. of these floodplain regulations. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 930.12(2)(b)3. of these floodplain regulations. Underline: Additions to Ordinance Stfike-threes Deleted Text from Existing Ordinance 35 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 5. Concrete slabs used as parking pads, enclosure floors, landings decks walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V1. 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: a. Structurally independent of the foundation system of the building or structure; b. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and c. Have a maximum slab thickness of not more than four (4) inches. 6. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, decks and patios in coastal high hazard areas shall be located, designed, and constructed in compliance with the following_ a. 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. b. 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. c. 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 runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. d. 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 Underline: Additions to Ordinance Deleted Text from Existing Ordinance 36 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 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 runup and wave reflection. 7. 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 b theppropriate 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 runup and wave reflection that would increase damaize to adjacent buildings and structures. Such other development activities include but are not limited to: a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; b. 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 c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 8. Nonstructural fill in coastal high hazard areas (Zone U. In coastal high hazard areas: a. Minorrg ading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. b. 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. c. 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 runup 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. Underline: Additions to Ordinance StfikO threUgh, Deleted Text from Existing Ordinance 37 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 () Additional requirements. 1. Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: a. Those development projects within the special flood hazard area one hundred year- fleedplain along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the board of county commissioners. In the special flood hazard area ene h„ dr -ed eff fleedph6n of the Indian River Lagoon, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation two and one- half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the Flood Insurance Study by FEMA, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the storrnwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment. b. F-ef Subdivided lots of less than one (1) acre in area that existed prior to July 1, 1990. At such time as the county may create or cause to be brought into existence a stormwater utility, or other entity charged with managing drainage concerns., the requirements of this section will apply for lots less than one (1) acre in area existing prior to July 1, 1990, if the utility or entity has the authority to compensate for fill added in special flood hazard areas mains by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an off site mitigation fund for a central facility or facilities, owned by the county, the stormwater utility, or other entity. c. Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridian soil types (as described in the United States Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the Underline: Additions to Ordinance StfikO tkreu& Deleted Text from Existing Ordinance 38 C:\Documents and settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. d. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. No structure or fill shall be permitted within the limits of the floodway of the St. Sebastian River, South Prong except as provided by 930.07(2)(a)3.a. 2. No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding. 3. If fill is used for foundation support, the elevation of the soil support shall not be greater than that which would result from the erosion reasonably anticipated as a result of the design storm conditions. 4. All roads shall be set at or above the ten-year flood elevation, but in no case shall a road be constructed at an elevation below five (5) feet above sea level. All roads shall be designed to maintain drainage flow beneath the road bed so that equalization may occur. 5. If the a development project is in a special flood hazard area, it must be demonstrated, in addition to compliance with section 930.07(2), that: a. The elevation or velocity of the base flood will not be increased as a result of any obstruction or displacement of flood waters. Underline: Additions to Ordinance Stfike-&eagtr: Deleted Text from Existing Ordinance 39 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 b. There is no significant threat of releasing quantities of pollutants which have the effect of degrading water quality below standards established in Florida Administrative Code Chapter 17-3, as amended from time to time, to surface or groundwater during the base flood. c. The capacity of the critical flood zone to store and convey surface waters or perform other significant water management functions will not be impaired. r_ > > Underline: Additions to Ordinance Deleted Text from Existing Ordinance 40 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 ntt a .. .,tom., ;stent t the need +„ o fleed a. All ...,..�.�......., ...,......., ...,.,...... .............., __.,.,�. Underline: Additions to Ordinance Stfike-through: Deleted Text from Existing Ordinance 41 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf NVIPPRIMIRIM VMS WAIN 1k -N.W1, Jim - men Lim a ~2, ,- ntt a .. .,tom., ;stent t the need +„ o fleed a. All ...,..�.�......., ...,......., ...,.,...... .............., __.,.,�. Underline: Additions to Ordinance Stfike-through: Deleted Text from Existing Ordinance 41 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 8. The ydevelopment rublie works r review, and feasenably u4ilize any base flood elevafien and fleedway data available fefnfederal, state, or-th o ..l..a:,,g data ao..ol..«oa new + t'en, substantial + er-other- ao ole o..t ; A Zones on the raeuiAy's FIRM fneet the standards in subseefiens-(2,1"b"" (2)(�7�S., (y�b.\1�(2X)11V?., MVb,l1 A.a (2)(b.\1 � .b O f t..b.`:s 1.+ ,,.," "" seetion. He 'ease sM1 suehdevelopment eighteenzone be less than ( ) inehes above the er-e-A% of the read or - elevation required by the T«a:.,« D:..o« !`.....ft.. Tlo...++.t+nen4 444e.,lt1. TF Underline: Additions to Ordinance Stfike through- Deleted Text from Existing Ordinance 42 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf . ........... 8. The ydevelopment rublie works r review, and feasenably u4ilize any base flood elevafien and fleedway data available fefnfederal, state, or-th o ..l..a:,,g data ao..ol..«oa new + t'en, substantial + er-other- ao ole o..t ; A Zones on the raeuiAy's FIRM fneet the standards in subseefiens-(2,1"b"" (2)(�7�S., (y�b.\1�(2X)11V?., MVb,l1 A.a (2)(b.\1 � .b O f t..b.`:s 1.+ ,,.," "" seetion. He 'ease sM1 suehdevelopment eighteenzone be less than ( ) inehes above the er-e-A% of the read or - elevation required by the T«a:.,« D:..o« !`.....ft.. Tlo...++.t+nen4 444e.,lt1. TF Underline: Additions to Ordinance Stfike through- Deleted Text from Existing Ordinance 42 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 • , .�'�'letis� Underline: Additions to Ordinance Stfi#e-Hr-ough, Deleted Text from Existing Ordinance 43 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 t+ + ,A4 Zones A99, AE, .a A14 on the «+.. FIRM r sh l l l.u:'` equipment and other- sefviee >ineluding> eleva4ed to one ha4f (0.5) feet or- more above the base fleed evel. 3. All fiew eenstmetien and substantial As of nefffesideftfial anj A 14 en the eounty's FIRM e- jewest - Have - --- heating �equipment, «.,+:plumbing 0+;1 v equipment, ine! ing duetwer-k, eleveAed te efie half (0.5) feet of more above t r + � t > i 1. T +l,er- with at4eadant+'1'+. ' sanitary f '1'+' be designed so theA any area elevated less than one half (0-5) foot above base fleed level ef the st-fue4we is wateftightA4� walls and hydr-edynamie leads and- effeets of buoyaney, L 1 .l + 1_ eseoru-afbeeNki+l. + .+ .,... r.+:------ad---.-� --+ -- + pe ofolo + ' '+ , ciiv'it` ¢ Where a neiffesidential + +we is intepAed to be faadevex+ t4 1"i beleeensvv the base fleed level.! + +' ,and shall+'f<� « +l. 1. + +0 design a«.1 methods o f for- meeting the applieable provisions of serfien 930.07(2)(b)3. ., U A .l (in r -elation to -mean sea level) to whieh'sueh stfuetufes are R pr,eefed shall be maintained by the reeffmmaity developme G A 11 new eens+ +'on ' + +' 1 - -+ +l. + aiiY cixoxoa`� areas below the leweA floor- theA are st ding shall be desipe fl --A -r—e—,en emtefief wails by Underline: Additions to Ordinance Deleted Text from Existing Ordinance 44 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 6 All fnaffHAetffed t, n to be r «laee.l „ substantially i '; ea . 4t1.i« IL � ZefiesA 99, AM, a AE of tche-eeurrty's r-IrpQ�'rrshall be elevated o...,. is t one half (05) feet or-moreabove the lane fleea elevation; a -ad 1.e aanee •41, the provisions of nee4ie« 930.07(24(a)12. and Cee4i_en 15C 1.10 >nr M»..»f tufo t--------- must not be ----t tled in rvgulmefy Roadway or- eeastal hi0i hazard area. 7 Within any AQ zone on the eo nt.>'n FIRM, .I.all new «n4.etion and J substantial «4n ..f«e ide«4ia4 nor eturea n1.n11 haw the lowest flleer- ! 1 1' 1.a «4\ ele n4n.a above 41+0 1.:el,ent adj ent e«a.le at e e IIL _llbu / V least 0.5 feet higher t1.n 41.0 .aeptl. « ,Y.b.e.• o«e .{1edin_feet ..n the eeupt FIRM (M least 4.. and one half (2 W2) feet if «., depth number -IS of the ground sur&ee prior- to eenstmetion ae*t to the pfoposed wall of th-e 8 Within A n Zone the n «t.,'n FIRM all new en nt«. e4ie «,1 J r II la�� ♦ vv« a. TJave t1. lowest floor- !' 1 /1' a ta a «4\ a«1 eLee . Ment, neat equimcirryeirriui•on equipment, .VeYKn1 t ., .1,b equipment, «di4ie «4 a« 1 other- e e f:...:1:4:0 1 .1' .1 t L elevated above the highest a.liaee«t .,,.a le n4 •aia�auab ..aiay.. .. va.�, �-.�-....�... above ---- ---C----_ _- J__-____ O__ l 4 0.5 feet t,er- ti, t1.a« the depth« «iber_n..eeifiea in f 1. feet e« 40 b r 4. FIRM (at leant two a«.1 efte half (2 V2) feet if no .le«41. IIv u�N� number- ; oeified) ; b Tegether- with attendant utility and «itn..., & eili4ien 1.e «tetel. LL31 1 KV •„ �+ flood proofed to that level to fneet the fleed pr-eefing stand - n Withanyin A99 Zones on the a «t.,'n FIRM the standards of (2)(a)1. Underline: Additions to Ordinance Steike-t#eu Deleted Text from Existing Ordinance 45 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 , Underline: Additions to Ordinance Deleted Text from Existing Ordinance 46 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf . .. pmw PMM mom pwb va , .. Underline: Additions to Ordinance Deleted Text from Existing Ordinance 46 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Underline: Additions to Ordinance Strip; Deleted Text from Existing Ordinance 47 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf Mr. FP.WMv a _PVNM � S • vpp PT Underline: Additions to Ordinance Strip; Deleted Text from Existing Ordinance 47 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 b. The eleyeAed peftien of the a and � �YY a foundatie system shall not be subjeet to >displaeement, or- ethe Underline: Additions to Ordinance Stfik@ thfflughi Deleted Text from Existing Ordinance 48 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf 1 2,10-1111.0 b. The eleyeAed peftien of the a and � �YY a foundatie system shall not be subjeet to >displaeement, or- ethe Underline: Additions to Ordinance Stfik@ thfflughi Deleted Text from Existing Ordinance 48 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 • Underline: Additions to Ordinance Stfike-threes Deleted Text from Existing Ordinance 49 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 va for- F n.l.,+:n suppeiI o athe olt;f the ;1 t ll n,.t 1.0 e. .efsuhauu cava v�greater- than that whieh would result ffefa the mably em6eipated asfesult of the design stem eendifiens. Underline: Additions to Ordinance StMW t#eeg#i Deleted Text from Existing Ordinance 50 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf Mpr ft' Willi i _5 • •11! a FMfVTAwATffff91kTA va for- F n.l.,+:n suppeiI o athe olt;f the ;1 t ll n,.t 1.0 e. .efsuhauu cava v�greater- than that whieh would result ffefa the mably em6eipated asfesult of the design stem eendifiens. Underline: Additions to Ordinance StMW t#eeg#i Deleted Text from Existing Ordinance 50 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Jim a MW M.WriMMMMM"Mir.w.w. i. The eleve6en or. veleeity of the base fleed will not be iner-eased as a result Underline: Additions to Ordinance StFike-through: Deleted Text from Existing Ordinance 51 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf a Mi a. i. The eleve6en or. veleeity of the base fleed will not be iner-eased as a result Underline: Additions to Ordinance StFike-through: Deleted Text from Existing Ordinance 51 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (3) Type B stormwater managementsystem - flood protection permit (SWMS Type Underline: Additions to Ordinance StFike-thFeUgh: Deleted Text from Existing Ordinance 52 C:\Documents and SettingsWister0esktop\Revised IRC Flood Protect Ord final 10-26-12.rtf a s „. p"T.9 TIN s a MAIM" (3) Type B stormwater managementsystem - flood protection permit (SWMS Type Underline: Additions to Ordinance StFike-thFeUgh: Deleted Text from Existing Ordinance 52 C:\Documents and SettingsWister0esktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 B1 A Type `B" stormwater management system- flood protection permit is required prior to the construction of any stormwater conveyance treatment and discharge associated with development activities other than construction of an individual detached single-family residential building or structure on property that is partially or wholly encumbered by a special flood hazard area or coastal high hazard area The Type "B" permit shall be issued upon the applicant demonstrating compliance with applicable criteria of Section 930.07(2). (4) Stormwater management and flood protection permit (Type Q. A Type "C" permit or flood protection permit is required prior to the construction of an individual detached single-family residence, duplex residence or accessory structure which is located in a #deed hazesd zone special flood hazard area as defined in seeti ,., 930 n'"'vs) County Code Chapter 901. The Type "C" permit shall be issued upon the applicant demonstrating compliance with applicable criteria of Section 930.07(2). Section 930.071. Drainage basin maximum discharge rates. (1) Procedure. No maximum discharge rate shall be adopted for any drainage basin over which Indian River County has jurisdiction except by ordinance. The proposed maximum discharge rate for each basin shall be workshopped prior to the scheduling of the adoption public hearings. Q Basin maximum discharge rates. Basin maximum discharge rates shall be based on a twenty -five-year, twenty -four-hour storm event over a seventy -two-hour period. (3) Adopted basin maximum discharge rates The flowing maximum discharge rates are hereby adopted: Drainage Basin Maximum Discharge Rate B-1 (Beach) B-2 (Beach) B-3 (Beach) B-4 (Beach) B-5 (Beach) R-1 Indian River) R-2 Indian River) R-3 (Indian River) R-4 (Indian River) R-5 (Indian River) R-6 (Indian River) R-7 (Indian River) M-1 (Indian River 2"/24 hours Farms WCD) Underline: Additions to Ordinance Stfike-t#Feu&. Deleted Text from Existing Ordinance 53 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 M-2 (Sebastian 2"/24 hours River WCD) M-3 (Sebastian/Roseland /Flemin Grant) M-4 (Corrigan Ranch/ Vero Lake Estates) M-5 (Fellsmore 2"/24 hours WCD) SJ -1 (St. Johns WCD) SJ -2 (St. Johns Marsh) SJ -3 (Talbot Terrace) SJ -4 (Delta Farms WCD) Section 930.08. Permit requirements. Required information for- permit appheations (1) Type A permit. A detailed description and drawing (scale one inch equals fifty (50) feet or larger) of the proposed stormwater management system shall be submitted to the community development director by a Florida registered engineer or, for any development project constructed on a site of one (1) acre or less, a Florida registered architect= as long as any engineering service involved in the design is purely incidental to the architect's practice, as provided for in Florida Statutes § 481.229(4), as may be amended from time to time. The following information shall be required: (a) Hydrologic data including design rainfall, project drainage area, tributary offsite drainage area, percolation tests, existing and proposed impervious area and soil characteristics including depth to wet season high water table. Soil borings spaced no more than four hundred (400) feet apart to a minimum depth of six (6) feet shall be provided. Alternative representative soil profiles are allowed if approved in writing by the public works director and if demonstrated to be from a reliable and generally recognized source. A one -foot interval contour topographic map of the development area, including offsite area of sufficient size to indicate the general neighboring elevations, drainage patterns and transition grades, shall be provided. Justification for wet season water table assumptions shall be provided. (b) Hydrologic calculations for determining existing and proposed stormwater runoff. (c) Hydraulic data including receiving water stages, stage -storage and stage - Underline: Additions to Ordinance Strike-thFOugh, Deleted Text from Existing Ordinance 54 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 discharge data for proposed retention and/or detention facilities, and percolation test data as per the following procedure: 1. The test holes shall be located as close as possible to the proposed location of exfiltration trench or other percolation facility (vertical and horizontal) and, if critical, to a depth two (2) feet below the water table at the time of the test. 2. A hole for each test of approximately twelve (12) inches diameter (or as required for a maximum clearance of one-half ( 1/2) inch between the hole and test casing) is excavated to the required depth and the casing is lowered into the hole with a minimum of twelve (12) inches extending above the surface of the grade. 3. The test casing shall consist of a pipe that is a least eight (8) inches in diameter with perforations in approximately the bottom seventy-five (75) percent of the length as measured from the surface. The bottom of the casing shall be pointed. Exfiltration increments shall be measured with a suitable gauging device. 4. Fill the test bore to six (6) inches above the surface of the existing grade and run the test no later than two (2) hours after the level has exfiltrated to below surface of existing grade. In all cases test runs are to start only after the first two (2) inches have exfiltrated. If a dry season condition exists, the test shall begin when the soil is moist and a wet season is simulated. 5. Run tests for at least thirty (30) minutes and record at least the date, weather, project name, name of person conducting test, test number, location on-site, sketch of hole and casing, groundwater conditions, incremental drop and time, and subsurface soil information. Information shall be tabulated and attested to by a registered professional engineer, licensed to practice in the State of Florida. The county public works department reserves the right to witness the test procedure. Exfiltration rates for designing the site drainage facilities shall be determined by the developer's engineer from these tests based on percolation rate experienced at the elevation of the proposed system using a safety factor of two (2) or greater. Alternate percolation or permeability tests procedures may be used if approved in writing by the public works department prior to their use. (d) Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond discharge structures, and determining discharge rates and maximum water surface elevations. Underline: Additions to Ordinance StrikO thFBu&. Deleted Text from Existing Ordinance 55 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (e) Erosion and sedimentation control plans, during and after construction. (f) Statement of all assumptions and reference sources used in conduct of the study. (g) If soils are to be removed, submit a plan showing the removal and replacement of unsatisfactory soils for approval. (h) Where percolation is proposed, at least one (1) boring per basin, sha4lbe wed. Said borings shall be to a depth of twenty (20) feet below the invert of the basin or to a depth sufficient to locate the groundwater table or impervious soil layer. If the stormwater management system utilizes percolation in the design, a minimum of one (1) soil permeability analysis per stormwater tract, with a maximum spacing of two hundred (200) feet between percolation test sites, must be provided by the soil testing company and clearly demonstrated in the soil investigation report. (i) A general description of the manner in which the stormwater management system is to be maintained, indicating who or what entity shall be responsible and by what method the responsibility shall be created and documented. (j) A list of all agencies (state, federal or local) having permit jurisdiction for the project. A copy of all state, local, SJRWMD, and federal permits shall be submitted prior to issuance of a building permit. In cases where a surface water management permit is required from the SJRWMD, identical plans and calculations shall be submitted for review and coordination between the county and the SJRWMD. (2) Type B permit and Type C permit. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of the floodplain regulations in this chapter, 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 Type B or Type C Permit(s) and approvals). No such permit or approval shall be issued until compliance with the requirements of these floodplain regulations and all other applicable codes and regulations has been satisfied. (a) Floodplain development permits or approvals Type B and Type C permits or approvals shall be issued pursuant to the floodplain regulations in this chapter for any development activities within a special flood hazard area, irrespective of whether or not the development activity is subject to the requirements of the Florida Buildin>? 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 or in lieu of a Underline: Additions to Ordinance StFike through- Deleted Text from Existing Ordinance 56 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 building permit. (b) 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 these floodplain regulations: 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 but 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 vrovided by the Department of Corrections to an 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. (c) Application for a Type B or Type C 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. Identifv 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. Underline: Additions to Ordinance Strike -through, Deleted Text from Existing Ordinance 57 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in Section 930.07(2)(a) of these floodplain regulations. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. k4 Additional application information. In addition to the information required for Type A permits in subsection 930.08(1) of this chapter, an applicant for a Type B permit shall submit to the community development director all information showing compliance with section 930.07(2) of this chapter_ For Type "C" permits, an applicant shall submit information showing compliance with Section 930.07(2) of this chapter and all information required in section 930.08(2)(a through (c). and the following.: e) Validitv of hermit or approval. The issuance of aType B or Tyne C permit or approval pursuant to the floodplain regulations in this chapter shall not be construed to be a permit for or approval of, any violation of these regulations, the Florida Building Codes or any other regulations 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. t� Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its Underline: Additions to Ordinance StfikO tl3rettglr Deleted Text from Existing Ordinance 58 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 issuance or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and Justifiable cause shall be demonstrated. (g) Suspension or revocation The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect inaccurate or incomplete information, or in violation of these floodplain regulations or any other regulation, ordinance, 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. Such applicable state or federal permits include but are 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. Section 930.09. Required information to be submitted by Type B and C permit applicants after issuance of permit. Applicants r-ereeiving for Type B or Type C permits shall provide to the community development director a flood elevation or flood -proofing certification after the lowest floor is completed, or in instances where the structure is in a coastal high hazard area, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevations, or flood -proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the community development director, a certification of the elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional Underline: Additions to Ordinance Deleted Text from Existing Ordinance 59 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 engineer and certified by same. When flood -proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) calendar day period prior to submission of the certification shall be at the permit holder's risk. The community development director shall review the flood elevations survey data submitted and shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. Section 930.110. Permit application and review procedures. (1) Preliminary permit application. Any person who is in doubt as to whether a proposed activity requires a permit under this chapter may request a review by the community development department upon completion of a preliminary application form supplied by the department. No fee shall be charged for a preliminary application. The preliminary application form shall be filed by the owner/applicant and shall contain the following elements: (a) A location map; (b) A statement and sketch expressing the intent and scope of the proposed project; (c) Review. The completed preliminary application shall be submitted to the community development director to be reviewed by the community development director and the public works director. Within ten (10) working days after submission of the completed preliminary application, the community development director will notify the applicant that either the project is approved, that it is exempt, or that a formal permit application must be filed for the project. (2) Type A or B stormwater management system permit application. If a Type A or Type B permit is required for the project, the applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the community development director on forms furnished by the department. The permit application shall not be submitted until the project has been approved by TRC, or the project has otherwise been determined acceptable for permitting by the county. The public works department shall review the application and render a decision as to whether the requirements of this chapter are met within fifteen (15) working days. (3) Type C permit application. If a Type C permit is required for the project, the applicant shall furnish all necessary flood protection information to the community development director, or his designee, on forms furnished by the department. The application shall be reviewed within ten (10) working days of receipt of the application or at the time of consideration of the request for a zoning permit, whichever first occurs. Underline: Additions to Ordinance Deleted Text from Existing Ordinance 60 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Section 930.11. Floodplain development inspections, (1) General. Development for which a Type B or Type C floodplain development permit or approval is required shall be subject to inspection. (2) Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of these floodplain regulations and the conditions of issued floodplain development permits or approvals. _(3) 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 these floodplain regulations and the conditions of issued floodplain development permits or approvals. (4,) Buildings, structures and Facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 930.07(2)(a)2.c. of these floodplain regulations, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (5) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 930.11(4) of these floodplain regulations. (6) Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these floodplain regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. Section 930.12. Administrative duties. (1) Stormwater management; duties of the public works director. The public works Underline: Additions to Ordinance Stfike H f ughi Deleted Text from Existing Ordinance 61 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 director shall perform the following specific duties: (a) Make all professional engineering determinations required with respect to analysis of any given application; (b) Approve any changes or amendments to an approved stormwater management plan; (c) Provide courtesy notice as to the general description and location of newly constructed wet or dry retention facilities to the Indian River County Mosquito Control District; (d) After the completion of a project, require as -built plans from the owner or applicant and a certificate of completion from the engineer of record; (e) Any system required by this chapter shall be maintained by the owner, successor owners, or an entity designated by the owner except that the director may accept certain systems for county maintenance. The selection of critical areas or structures to be maintained by the county shall be recommended to the board of county commissioners by the director. All areas or structures to be maintained by the county must be dedicated to the county by plat or separate instrument and expressly accepted by the board of county commissioners. For any system which is to be maintained by a party other than the county, easements shall be established which permit the county to inspect and if necessary, as determined by the county, to take corrective action should the party fail to properly maintain the system. Such easements shall also establish a right of entry for the Indian River County Mosquito Control District for the limited purpose of inspection, prevention, or treatment of mosquito infestations, as allowed by law. Should a party fail to properly maintain a system as required, the director shall give such party written notice of the nature of the corrective action necessary. If the party fails, within thirty (30) days from the date of the notice to take, or commence taking, corrective action to the satisfaction of the director, the county may at its discretion, enter upon lands, take corrective action and the cost of such corrective action shall become a lien on the property or properties benefited. (b) Review applieations for- eemplianee with the standards of this ehapter- aftef ifq3tA Underline: Additions to Ordinance Deleted Text from Existing Ordinance 62 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ....... (b) Review applieations for- eemplianee with the standards of this ehapter- aftef ifq3tA Underline: Additions to Ordinance Deleted Text from Existing Ordinance 62 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 their- professional ,iinn;nYlines; and eithef approve,nrr« with .it n n.liti„nn the appheation based on review. if applieafien appf-eval is denied, the eefr.munity development 'L.'1't.J of the dir-eeter- shed! nit.. deyelopment_.;lir-eeter-t.+ reasons;deny state the design > it is an net the untable Y � r o (E) Ad t .l of the approved ,7' .plan r�V« VK eae building n.a _ nnn built" . 1 t« t' b a that g the final site r -a : a n.. ; ntinnne . .itl, tl, - 7 mr approved- gr-ading plan. No eei4ifieate of eeeupafley (C.Q.) shall be issued unless the .7 engineer- designee rl t t eemplianee m4th the arr« a a r A a e gr -a ing plan eeeptnnee of the a 1' ar 1 .1 "as -built" 1.ilt" ois fainisterial nt„ n.,l a adoe of n of « alu u n:b.ility on the a nt.. for- druiaaubvnage . / a iT -tr-eraerdthe 4 Qa1 "-ate built" cr'lt" 1cti'o-cccrop. r -- um irSr�96(�iF6 (e) r o v !f1 Mate orcv -ar�cc�azcczxcrrrirmr"mn'r'rc`yi V u+�e'w` r r-eleeatieen _era - _..1__..o....,.,. and provide n eepy of sueh to fie ifinnti„nla the Federal 4V � !asur-anee Administrator-; (h) interpret fleed hazafd areas; the boundaries of eritieal fleed zenes and base fle elevatiens; and the boundafies dr-av�% en the FIRM to r-eeofteile elevation data field eenditions; (2) Flood protection management' duties of the community development director. The Community Development Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. (a) The Floodplain Administrator is authorized and directed to administer and enforce the provisions of these floodplain regulations The Floodplain Administrator shall have the authority to render interpretations of these floodplain regulations consistent with the intent and purpose of these regulations and may establish policies and procedures in order to clarifty he application of its provisions. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided in these floodplain regulations without the granting of a Underline: Additions to Ordinance StfikO threes Deleted Text from Existing Ordinance 63 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 variance pursuant to Section 930.07(2).7 of these regulations. (b) The Floodplain Administrator, in coordination with other pertinent offices of the communityy, 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 anv existing development in flood hazard areas for compliance with the requirements of these floodplain regulations; 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 ap lip •cant; 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 these floodplain regulations 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 these floodplain regulations. Lch Determinations for existing buildings and structures. For building_ permit applications to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and gEy 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 within 6 months before the damage occurred and before any repairs are made; Underline: Additions to Ordinance S#ikO thMiglr Deleted Text from Existing Ordinance 64 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 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; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and these floodplain regulations is required. (d) Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 930.13 of these floodplain regulations. (e) 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 these floodplain regulations. (f) Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 930.11 of these floodplain regulations 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. (g) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building_ Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 930.12(2)(c) of these floodplain regulations; 2. Require that applicants proposing alteration of a watercourse notifaadjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); Underline: Additions to Ordinance Stfike through: Deleted Text from Existing Ordinance 65 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Require applicants who submit hydrologic and hydraulic engineering analyses support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries or floodway designations; such submissions shall be made within 6 months of such data becoming available; 4. Review required design certifications and documentation of elevations specified by these floodplain regulations and the Florida Building Code to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the comorate boundaries of Indian River County are modified, and 6. 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." (h) 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 these floodplain regulations and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage;required design certifications and documentation of elevations specified by the Florida Building Code and these floodplain regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses, assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these floodplain regulations and the flood resistant construction requirements of the Florida Building, Code. These records shall be available for public inspection at the Indian River County Communi , Development Department. Section 930.13. Appeal -pmeedur-e.-Variances and appeals. (1) General. The Construction Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of these floodplain regulations, including appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code (reference Section 553.73(5), Underline: Additions to Ordinance Strike-thFOUglr Deleted Text from Existing Ordinance 66 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 F.S.I. This section does not apply to Section 3109 of the Florida Building Code Building. (2) Appeals. The Construction Board of Adjustment and Anneals 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 these floodplain regulations. Any person aggrieved by the decision of the Construction Board of Adjustment and Anneals may anneal such decision to the Circuit Court, as provided by Florida Statutes. (3) Limitations on authority to grant variances. The Construction Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 930.13(7) of these floodplain regulations, the conditions of issuance set forth in Section 930.13(8) of these regulations, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Construction Board of Adjustment and Appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of these floodplain regulations. (4) Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 930.07(2)(a)3. of these floodplain regulations. (5) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined ell-gible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 1 I Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (6) 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 these floodplain regulations, provided the variance meets the requirements of Section 930.13(), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damageg occurrence of the base flood. (7) Considerations for issuance of variances. In reviewing requests for variances, the Construction Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors all other applicable provisions of the Florida Building Code, these floodplain regulations, and the following: Underline: Additions to Ordinance Strike tlFeegk: Deleted Text from Existing Ordinance 67 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 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 alternative 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. (8) Conditions for issuance of variances. Variances shall be issued only upon: (a) Submission b t�pplicant 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 these floodplain regulations or the required elevation standards; (b) Determination by the Construction Board of Adjustment and Appeals 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; (c) Receipt of a signed statement by the applicant that the variance, if granted, shall be Underline: Additions to Ordinance StFike th ugh: Deleted Text from Existing Ordinance 68 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and statim that construction below the base flood elevation increases risks to life and property. 2. Dhysiea4 hardships pei4 Haiffig t$t1 6phy, soils, geology, 0 1. Submittal of deeum2i#Mie � the state hist pie irnvi"rr cucvzraicA�E��@fi'utrvrr-9 E8, -6i Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance 69 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 e. The varia ee i the h,.,;,,; eessar-y to preserve the hist, fie eh ,,,.to, and design of the stmetufe; and 1 101 OPINION - (f) Genn 6eas to mitigate adverse ; ,.+s of the . maybe ..t,,,,oa ,pen the Underline: Additions to Ordinance Strikedireughi Deleted Text from Existing Ordinance 70 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf In N e. The varia ee i the h,.,;,,; eessar-y to preserve the hist, fie eh ,,,.to, and design of the stmetufe; and 1 101 OPINION - (f) Genn 6eas to mitigate adverse ; ,.+s of the . maybe ..t,,,,oa ,pen the Underline: Additions to Ordinance Strikedireughi Deleted Text from Existing Ordinance 70 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 Section 930.14. Violations and Notice. (1) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with these regulations, shall be deemed a violation of these regulations. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these floodplain regulations or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (2) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter 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 prODertv involved, to the owner's anent, or to the person or persons erforming the work. (3) Unlawful continuance. AU person who shall continue any work after having served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (4) Notice. In the event the community development director determines a violation exists, a written notice of violation shall be issued to the owner of the property. The notice shall contain: (a) The name and address of the owner; (b) The street address when available or a description of the building or land upon which the violation is occurring; Underline: Additions to Ordinance S#ike-tla=eughi Deleted Text from Existing Ordinance 71 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf f «», shall be «o er-ded dere -ipt of of the aff i the a x... n4ublie « 0 eras and .,,+.,ehe ., to lega rated pfepei4y.- Section 930.14. Violations and Notice. (1) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with these regulations, shall be deemed a violation of these regulations. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these floodplain regulations or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (2) Authority. For development that is not within the scope of the Florida Building Code but that is regulated by the floodplain regulations in this chapter 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 prODertv involved, to the owner's anent, or to the person or persons erforming the work. (3) Unlawful continuance. AU person who shall continue any work after having served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (4) Notice. In the event the community development director determines a violation exists, a written notice of violation shall be issued to the owner of the property. The notice shall contain: (a) The name and address of the owner; (b) The street address when available or a description of the building or land upon which the violation is occurring; Underline: Additions to Ordinance S#ike-tla=eughi Deleted Text from Existing Ordinance 71 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 (c) A statement specifying the nature of the violation; (d) A description of the remedial actions necessary to bring the development activity into compliance and a time schedule for completion of such remedial action; (e) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; (fj A statement that the community development director's determination of violation may be appealed to the code enforcement board of zoning adjustments by filing a written notice of appeal within thirty (30) days of service of notice of violation. (5,) The notice of violation shall be served upon the person(s) to whom it is directed either personally, in the manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address. Section 930.15. Vested rights. This chapter shall not limit the vested rights of any person to complete any development project for which approval was properly granted based upon prior law, where such previous approval remains in effect. The county commission may acknowledge vested rights in other circumstances where it is equitable and just. Section 930.16 Disclaimer of liability. The floodplain regulations in this chapter shall not create liability on the part of the Board of County Commissioners of Indian River County or by any officer or employee thereof for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder. SECTION 4. Chapter 401, Building Codes, of the Code of Laws and Ordinances of Indian River County is hereby amended by replacing reserved Section 401.10, as follows: Section 401.10. Administrative Amendments to the Florida Building Code. Indian River County hereby adopts the following local administrative amendments to the Florida Building Code Amendment to Sec. 104.10.1, Florida Building Code, Building: Add anew Sec. 104. 10.1 as follows: Underline: Additions to Ordinance 846W threu& Deleted Text from Existing Ordinance 72 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the ,granting of a variance pursuant to Florida Building Code Section 117. Amendment to Sec. 107.6.1, Florida Building Code, Building: Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Florida Building Code Section 105.14 and Section 107.6 shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Amendment to Sec. 117, Florida Building Code, Building: Add a new Sec. 117 as follows: 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code Building or, as applicable, the provisions of R322 of the Florida Building Code Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 5. Chapter 401, Building Codes, of the Code of Laws and Ordinances of Indian River County is hereby amended by replacing reserved Section 401.11, as follows: Section 401.11. Technical Amendments to the Florida BuildinE Code. Indian River County hereby adopts the following local technical amendments to the Florida Building Code Amendment to Sec. 322.2.1 Florida Building_Code, Residential: Modify Sec. R322.2.1 as follows: Underline: Additions to Ordinance StfikO thFOU l#: Deleted Text from Existing Ordinance 73 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 8322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus one- half (1/2) foot or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus one-half 1/2 foot, or at least 2 % feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus one-half (1/2) foot or the design flood elevation., whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. Amendment to Sec. 322.3.2, Florida Building Code, Residential: Modify Sec. R322.3.2 as follows: R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high -hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is: 1.1 Located at or above the base flood elevation plus one-half (1/2) foot or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or 1.2 Located at the base flood elevation plus 1 foot (305 mm), or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular Underline: Additions to Ordinance Stfike through: Deleted Text from Existing Ordinance 74 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 shall mean greater than 20 degrees (0.35 rad) from the direction of approach. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. Amendment to Sec. 1612.2, Florida Building Code, Building_ Modify a definition as follows: Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a ten (10) year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. For each building or structure, the 10 year period begins on the date of the first improvement or repair of that buildins; or structure subsequent to the effective date of this ordinance. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Amendment to Sec. 202, Florida Building Code, Existing Building: Modify a definition as follows: Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a ten 10) ,period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started and determined no sooner than six (6) months before the work is started. For each building or structure the 10—year period begins on the date of the first improvement or repair of that Underline: Additions to Ordinance Strife-thr-eughi Deleted Text from Existing Ordinance 75 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 building or structure subsequent to the effective date of this ordinance. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. SECTION 6. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 7. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in unincorporated Indian River County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 8. REPEAL OF CONFLICTING ORDINANCES. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. SECTION 9. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. It is the intent of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code of Laws and Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. Underline: Additions to Ordinance ugh: Deleted Text from Existing Ordinance 76 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf ORDINANCE 2012-036 This ordinance was advertised in the Press -Journal on the 22 day of October, 2012, for a public hearing to be held on the 06 day of November, 2012, at which time it was moved for adoption by Commissioner Flescher, seconded by Commissioner Davis, and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O'Bryan Aye Commissioner Wesley S. Davis Ave Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: G G C. Wheeler, Chairman Underline: Additions to Ordinance Sifike through: Deleted Text from Existing Ordinance 77 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf SIG :C"_ ORDINANCE 2012- niti ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FO A L L SUFFICIENCY Alan Polackwich, Sr., County Atto ey 4 7ED AS TO PLANNING MATTERS C ObertM. Keating, AIC CoDevelopment ' Development Director Underline: Additions to Ordinance Strike tireu& Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\NFIP\Model Flood Ordinance Revisions\Revised IRC Flood Protect Ord final 10-26- 12. rtf