HomeMy WebLinkAboutAgenda Packet 12.21.2017
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PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, December 21, 2017
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
Chairman
WILLIAM O'DELL
Board Member
CRAIG MUNDT
Board Member
KARA WOOD
At-Large Board Member
BOBBY HOPKINS
At-Large Board Member
JAMES TAYLOR
Board Member
EDWARD LOUNDS
Board Member
WILLIAM SMITH
At-Large Board Member
JAMES CLASBY
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, December 21, 2017 6:00 PM
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WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
P & Z Regular Meeting Thursday, December 21, 2017 6:00 PM
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1. CALL TO ORDER
A. Pledge of Allegiance
B. Invocation
C. Roll Call
D. Announcements
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday,
November 16, 2017
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to
approve the Conditional Use Permit for a solar generation station subject to the conditions in
the Resolution.
B. Floodplain Model Ordinance No. 18-XXX - Repeal & Replace Ordinance No. 11-031
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. Approval of the 2018 Planning and Zoning Commission Meeting Schedule.
7. ADJOURN
P & Z Regular Meeting Thursday, December 21, 2017 6:00 PM
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NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
Generated 11/30/2017 10:38 AM
ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
November 16, 2017 Convened: 6:00 PM
Adjourned: 6:19 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Chairman William O'Dell
A. Pledge of Allegiance
B. Invocation
Mr. Hopkins
Attendee Name Title Status Arrived
William O'Dell Chairman Present
James Clasby Vice Chairman Absent
Edward Lounds Board Member Present
Craig Mundt Board Member Present
William Smith Board Member Present
Kara Wood Board Member Present
Bobby Hopkins At-Large Board Member Present
Robert Lowe At-Large Board Member Present
James Taylor At-Large Board Member Present
Marty Sanders Ex-Officio Board Member Present
D. Announcements
None
E. Disclosure(s)
None
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P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, October
19, 2017
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Robert Lowe, At-Large Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Lounds, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: James Clasby
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Josh Long, Planner for Gunster Law Firm asked for a continuance for this agenda item due to an
alternative tree mitigation feasibility issue. Either December 21st or January 18th would be
sufficient.
It was asked why this came up now instead of before and Planning Director, Leslie Olson
explained along with Marvin Sanders of the St. Lucie County School Board that it was a recent
issue.
Public Hearing open
Hoyt Murphy had no objection to the continuance
Public Hearing closed
RESULT: CONTINUED [6 TO 2] Next:
12/21/2017 6:00 PM
MOVER: Kara Wood, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Lounds, Smith, Wood, Hopkins, Taylor
NAYS: Craig Mundt, Robert Lowe
ABSENT: James Clasby
B. Ordinance 17-XXX for Medical Marijuana Dispensaries
Katherine Barbieri, Assistant County Attorney stated the Florida Right to Medical Marijuana
Initiative, Amendment 2 was on the November 4, 2014 ballot in the State of Florida as a
constitutional amendment. On May 16, 2017, the Board of County Commissioners approved
Ordinance No. 17-005 which allowed medical marijuana dispensaries as a permitted use in CG,
commercial general zoning district and created supplemental standards. During the June 2017
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P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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special session the Florida Statutes provides, "Regulation of cultivation, processing and delivery
of marijuana by medical marijuana treatment centers is preempted to the state except as
provided in this subsection...", Subsection (11)2.(c) provides, "a county or municipality may not
enact ordinances for permitting or for determining the locations for pharmacies licensed under
chapter 465." Under current law, a county may either (1) ban medical marijuana treatment
center dispensing facilities from being located within the boundaries of that county or (2) allow
those facilities under the same regulations as apply to licensed pharmacies. The current
proposed ordinance repeals Ordinance No. 17-005 and provides for the same location criteria
as apply to licensed pharmacies. Staff recommends the Planning and Zoning Commission
forward the draft ordinance to the Board of County Commissions with a recommendation of
approval.
Public Hearing open
No one spoke
Public Hearing closed
There were no questions for staff; unanimous approval.
RESULT: APPROVE [UNANIMOUS]
MOVER: Edward Lounds, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Lounds, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: James Clasby
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
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P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 4703)
DATE: 12/21/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
UPDATE (DECEMBER 21, 2017)
County staff has worked diligently with FPL to mitigate any undue impacts the proposed solar farm could
have upon the feasibility of the Northern/Airport Connector Roadway. The original site plan submitted for
the project, included a preserve area adjacent to the future roadway. FPL has modified the site plan in
order to convey 120 acres adjacent to the proposed Northern/Airport Connector to the County. This
conveyance would make this land available for future development. Based upon the new site plan, the
traffic consultants have updated their analyses.
On December 5, 2017, Simmons and White, the traffic engineer for the applicant, submitted an updated
memo (attached) which outlines the effect of the proposed FPL Solar Project upon the needs study for the
Northern/Airport Connector Road. The analysis considers three (3) distinct development scenarios:
Scenario 1: FPL Solar Farm Only
Scenario 2: FPL Solar farm plus 120 Acre Mixed Use Development
Scenario 3: Mixed Use Maximum Development Potential
The County retained Calvin, Giordano and Associates, Inc. (CGA) to review the memo from Simmons and
White and provide a report (attached). The conclusion states:
· There is future development potential for the remaining Town, Villages and Countryside area in
Northern St. Lucie County which will add site generated trips to the future Northern/Airport
Connector roadway facility
· There is current anticipated roadway connectivity needs for future freight traffic between the FL
Turnpike and St. Lucie County International Airport. This connectivity will be aided by a future
Northern/Airport Connector Road.
· Additional roadway connectivity will also aid in the establishment of another connection between
the FL Turnpike and Interstate 95. This additional FL Turnpike exit (between existing exit 152 and
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Jeffrey Johnson, Senior Planner
SUBMITTED BY: Planning Division
SUBJECT: FPL Interstate Solar Energy Center - Conditional Use Permit
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Updated: 12/19/2017 1:25 PM by Sarah Smith Page 2
exit 193) would provide for additional connectivity for emergency response and evacuation for the
FL Turnpike and Interstate 95.
Based on the technical review of the available traffic information and documents provided by St. Lucie
County related to the FPL Solar Farm development, the proposed FPL Solar Farm development will have a
minor long‐term impact on the need or feasibility of the Northern/Airport Connector road subject to the
development of the southerly 120 acres to its maximum development potential (Scenario 2).
Development of only the FPL Solar Farm (Scenario 1) without the development potential of the 120 acres
would limit the potential future traffic generation of the 539‐acre parcel and therefore future traffic
volumes to the Northern/Airport Connector.
UPDATE (NOVEMBER 16, 2017)
As identified in the 2030 North St. Lucie County Future Street Network Plan (attached) there are two (2)
roadways that are in close proximity to the proposed solar generation center, the North/South “C” Road
(two lane road) which is identified on the site plan and the East/West Northern/Airport Connector (4 lane
road). This proposed street network supports the transportation concurrency strategy for the area and
identifies the general vicinity of major roads and intersections. It is important to note that the proposed
streets are not site specific. Land Development Code, Section 4.04.04(B)(2) states “St. Lucie County will
not approve any construction or development of land that would interfere with the creation of or
improvements to the streets identified on the Future Street Network Plan”.
The conceptual alignment of the planned Northern/Airport Connector roadway is located adjacent to the
southern border of the subject property and is referenced in the St. Lucie County Transportation Planning
Organization’s (TPO) latest Long Range Transportation Plan and is referred to as Go2040. The Go2040
references the construction of this roadway that would link I-95 and Florida’s Turnpike with St. Lucie
Boulevard, providing a more direct route for trucks traveling on these highways to reach the Port of Fort
Pierce, St. Lucie County International Airport and a proposed rail spur form the FEC rail line into the
Airport property. There are also plans to develop 984 acres of the land north of the airport into a freight
logistics zone, which would be facilitated by a better connection to the roadway network. The feasibility
of the Northern/Airport Connector roadway depends on projected usage of these interchanges. The FDOT
feasibility study is expected to be funded beginning July 1, 2018.
The potential transportation impacts of this proposed use in conjunction with this roadway were analyzed
by FPL’s consultant Simmons and White, Inc. and reviewed by the County’s traffic consultant, Calvin
Giordano and Associates (see attached). The review concludes that 2040 traffic projections anticipate and
estimated 12,000 daily redirected regional trips without any future development trips. These initial traffic
forecasted volumes would at a minimum meet the minimum traffic volumes for a two-lane roadway
facility. Therefore, the proposed solar generation station will have a minor long term impact on the need
or feasibility of the Northern/Airport Connector Road subject to the development of the southerly 96
acres (56 acres and 40 acres of medium and low intensity, respectively) to its maximum development
potential. A condition of approval requires FPL to provide alternative tree mitigation per the requirements
of LDC, Section 6.00.05(D) in a method accepted and approved by the Board of County Commissioners in
order to accommodate maximum development potential of the land area adjacent to the proposed
Airport Connector.
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Updated: 12/19/2017 1:25 PM by Sarah Smith Page 3
UPDATE (OCTOBER 19, 2017)
This development petition was heard by the Planning and Zoning Commission on August 17, 2017 with a
unanimous recommendation of approval to be forwarded to the Board of County Commissioners. Prior to
scheduling the petition before the Board of County Commissioners, staff noticed an error in the public
hearing mail notification map. The southernmost parcel was not included and (2) real property owners
within the 500 foot radius were not notified by mail. In order to provide legal due process, the petition
has been re-scheduled for the October 19th meeting and contains the corrected maps and mail
notifications.
BACKGROUND:
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit approval for
the construction and operation of a 74.5 MW Photovoltaic (PV) Solar Center on +/-540 of agricultural land
consisting of six (6) parcels located West of Interstate 95, northeast of the Florida’s Turnpike and north of
Belcher Canal (C-25 Canal). The subject property lies outside the urban services boundary and is zoned
AG-1 (Agricultural - 1) which is consistent with the TVC (Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will create clean,
renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity.
This zero emission electricity will be converted into alternating current (AC) utilizing power inverters and
will be carried to the collector substation where the voltage is boosted for transmission through the
electric grid. The solar panels stand approximately 2 feet off the ground at their lowest point and are
approximately 6 to 7 feet in height at their highest point. The facility is unmanned with restricted access.
FPL employees do not report to this location, and maintenance crews park inside a secured fenced area.
No water or fuel is needed to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center which is
currently under review (see attached site plan drawings). The project includes solar arrays (approximately
300,000 solar panels) that will cover nearly half the property, a substation (230’ x 360’) and 16’ wide
stabilized service paths. Three (3) locations have been identified on the site plan for a future 15,000 s.f.
regional Solar PV Operations Center. Depending on the future growth of solar, FPL anticipates between 3
to 10 full time employees at the Center. The Center will be used for the storage of office equipment and
spare parts related to Solar PV operations (panels, cables, fuses, inverters and components, etc.). The
center may also be used to hold small meetings to teach solar related information and to facilitate guided
tours of the Solar Facility. An observation tower may also be constructed as an accessory to the
educational component of the Center. This future building will require a modification to the Major Site
Plan to demonstrate compliance with Land Development Code requirements including a review of
adequate public facilities.
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide private road
way easement which will be maintained by FPL during the development and construction of the facility.
Construction activities and deliveries to the site will occur during the hours from 7 a.m. to 6 p.m.
weekdays and 8 a.m. to 5 a.m. on Saturday during the construction period. Construction will be
accomplished within a 6 to 10 month period.
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Updated: 12/19/2017 1:25 PM by Sarah Smith Page 4
PREVIOUS ACTION:
November 16, 2017 The Planning and Zoning Commission at the request of the applicant continued the
agenda item to the December 21, 2017 meeting to conduct further research and meet with adjacent
property owners.
October 19, 2017 The Planning and Zoning Commission at the request of the applicant continued the
agenda item to the November 16, 2017 meeting to review the potential transportation impacts for the
proposed project in conjunction with the planned Airport Connector roadway.
August 17, 2017 The Planning and Zoning Commission recommended unanimous approval of the request
to the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to approve the
Conditional Use Permit for a solar generation station subject to the conditions in the Resolution.
COMMISSION ACTION:
Coordination/Signatures
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PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
December 21, 2017
__________________
Applicant
Florida Power & Light Co.
Michael W. Sole
700 Universe Blvd.
Juno Beach, FL 33408
Agent
Gunster Law Firm
Robert S. Raynes Esq.
Josh Long, AICP
800 Monterey Commons
Boulevard, Suite 200
Stuart, FL 34996
Future Land Use
TVC, Towns, Villages and
Countryside
Zoning District
AG-1, Agricultural – 1
Request
A Conditional Use Permit
for a proposed solar
energy facility
Staff
Jeffrey Johnson
Senior Planner
JohnsonJ@stlucieco.org
(772) 462-1580
File Number
CU 520175135
Conditional Use Permit
FPL Interstate Solar Energy Center
Project Description
FPL Company is requesting
Conditional Use Permit approval for
the construction and operation of a
74.5 MW Photovoltaic Solar Center
on +/- 540 acres of land comprised of
six (6) parcels located west of
Interstate 95, northeast of the Florida
Turnpike and north of Belcher Canal
(Canal No. 25).
The proposed solar generation
center is adjacent to an existing FPL
transmission line and will create
clean, renewable energy by
converting sunlight via photovoltaic
solar arrays into direct current (DC)
electricity. This zero emission
electricity will be converted into
alternating current (AC) utilizing
power inverters and will be carried to
the collector substation where the
voltage is boosted for transmission
through the electric grid.
A Major Site Plan petition for this
project is currently under review
(see attached). The project includes
approximately 300,000 solar panels
that will cover approximately half
the property, a substation, and
stabilized access paths. The solar
panels stand approx. 2 feet off the
ground at their lowest point and are
approx. 6 to 7 feet in height at their
highest point. The facility is
unmanned with restricted access.
Employees do not report to this
location. No water or fuel is needed
to operate or maintain the facility.
Notice Requirements
A public hearing notice in
accordance with Section 11.00.03
of the Land Development Code was
placed in the St. Lucie News
Tribune on December 7, 2017.
Notices were mailed to property
owners within a 500 foot radius,
and a public hearing notification
sign was installed on the property.
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: December 21, 2017
SUBJECT: Conditional Use Permit – Florida Power and Light Company Interstate Solar Energy
Center
GENERAL INFORMATION:
Applicant/Property Owner: Florida Power and Light Company
Agent for Applicant: Gunster Law Firm – Robert Raynes, Esq. and Josh Long, AICP
Location: West of Interstate 95, northeast of the Florida’s Turnpike and north
of Belcher Canal (C-25 Canal)
Size of Development: +/- 540 acres
Tax Identification Numbers: 1328-231-0001-000-7 1328-311-0001-000-2
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
1328-132-0025-000-7
Current Zoning: AG-1 (Agricultural – 1)
Future Land Use: TVC (Towns, Villages and Countryside)
Wetlands: Yes
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
December 21, 2017
Page 2
Utilities: None
Urban Services Boundary: Outside
Adjacent Land Use/Zoning:
Future Land Use Zoning Existing Use(s)
North TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Equestrian Center - K
and J Rubidoux Stables
and Agricultural Lands
South TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
East TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) and
PUD (Planned Unit
Development) and PUD
(Planned Unit Development)
Panther Woods (f/k/a
Meadow Wood) PUD –
442 dwelling units and
Agricultural Lands
West TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
BACKGROUND
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit
approval for the construction and operation of a 74.5 MW Photovoltaic Solar Center on +/-540
of agricultural land consisting of seven (7) parcels located West of Interstate 95, northeast of the
Florida’s Turnpike and north of Belcher Canal (C-25 Canal). The subject property lies outside the
urban services boundary and is zoned AG-1 (Agricultural - 1) which is consistent with the TVC
(Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will
create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct
current (DC) electricity. This zero emission electricity will be converted into alternating current
(AC) utilizing power inverters and will be carried to the collector substation where the voltage is
boosted for transmission through the electric grid. The solar panels stand approximately 2 feet
off the ground at their lowest point and are approximately 6 to 7 feet in height at their highest
point. The facility is unmanned with restricted access. FPL employees do not report to this
location, and maintenance crews park inside a secured fenced area. No water or fuel is needed
to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center
which is currently under review (see attached site plan drawings). The project includes solar
arrays (approximately 300,000 solar panels), a substation (230’ x 360’) and 16’ wide stabilized
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
December 21, 2017
Page 3
service paths. Three (3) locations have been identified on the site plan for a future 15,000 s.f.
regional Solar PV Operations Center. Depending on the future growth of solar, FPL anticipates
between 3 to 10 full time employees at the Center. The Center will be used for the storage of
office equipment and spare parts related to Solar PV operations (panels, cables, fuses, inverters
and components, etc.). The center will also be used to hold small meetings to teach solar related
information and to facilitate guided tours of the Solar Facility. Upon construction of the facility,
the educational component will be available to St. Lucie County for educational purposes. An
observation tower may also be constructed as an accessory to the educational component of the
Center. This future building with its accessory structures will require a modification to the Major
Site Plan to demonstrate compliance with Land Development Code requirements including a
review of adequate public facilities. The Major Site Plan application includes a request for three
waivers: waiver of the setback requirement for Solar Generation (LDC 7.10.28.A.1.c); waiver for
Lot Coverage Requirements for Solar Generation (LDC 7.10.28.A.1.d); and waiver for Landscape
Requirements for Solar Generation (LDC 7.10.28.A.1.e).
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide
private road way easement which will be maintained by FPL during the development and
construction of the facility. Construction activities and deliveries to the site will occur during the
hours from 7 a.m. to 6 p.m. weekdays and 8 a.m. to 5 a.m. on Saturday during the construction
period. Construction will be accomplished within a 6 to 10 month period.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting at Crossings Community Church (8103 Indrio Road)
on August 3, 2017 to discuss the proposed project with surrounding property owners. The
meeting was attended by an adjacent property owner to the west. There were no issues or
concerns brought to the attention of staff.
STAFF ANALYSIS
As specified in 11.07.01, the purpose of the Conditional Use Permit is to provide for uses that are
generally compatible with the use characteristics of a zoning district but requires additional
review of the use as to their location, design, intensity, configuration and public facility and the
compatibility with adjacent uses. These applications must be approved by the Board of County
Commissioners (BOCC) after a recommendation of the Planning and Zoning Commission. It is
important to note that, in accordance with 11.07.01 C, property owners within five hundred feet
of the property are notified and provided the option to respond if they are in favor or not in favor
of the proposed project. If there is written protest of the application signed by the owners of
fifty percent (50%) or more of the area within the five hundred (500) feet of the property, the
Conditional Use Permit would require a four-fifths (4/5) vote of all of the Board of County
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Commissioners. At the time of this staff report, it could not be determined if the 4/5 vote
requirement would be triggered for this application. The 4/5 vote, if required, would only apply
to the BOCC and not to the recommendation by the Planning and Zoning Commission.
CONDITIONAL USE PERMIT
STANDARDS OF REVIEW SET FORTH IN
LDC, SECTION 11.07.03
Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional
Use Permits. In reviewing an application for a Conditional Use Permit, the Board of County
Commissioners and the Planning and Zoning Commission shall consider:
A. Consistency with Land Development Code and Comprehensive Plan
Consistency with Land Development Code
The request is consistent with the general purpose, goals, objectives and standards of the
Land Development Code. The +/-540 acre parcel is zoned AG-1, Agricultural -1, which is
compatible with the TVC, Towns, Villages and Countryside future land use.
LDC 4.04.04 B2 - St. Lucie County will not approve any construction or development of land
that would interfere with the creation of or improvements to the streets identified on the
Future Street Network Plan.
As stated in the 12-7-17 memo from Calvin, Giordano and Associates, Inc. (professional
traffic engineers retained by the County to review the effects of the proposed solar farm
on the future Northern/Airport Connector Road), the proposed solar generation station
will have a minor long term impact on the need or feasibility of the Northern/Airport
Connector Road subject to the development of the southerly 120 acres to its maximum
development potential. A condition of approval requires FPL to convey the southerly 120
acres to St. Lucie County making this land available for future development.
Solar generation stations are allowed via conditional use permit in the AG-1 zoning as per
LDC, Section 3.01.03(A)(7)(n) - solar generation station subject to the following
requirements in LDC, Section 7.10.28:
1. Physical access to a solar generation station shall be restricted by fencing or walls.
Razor wire is prohibited. All fencing and wall details shall be provided for review
and approval as part of the required site plan.
A perimeter seven (7) foot high security fence will be installed that consists of chain
link with one (1) foot of barbed wire.
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2. The devices that capture energy and convert it to electricity shall not be placed in
wetlands, environmentally sensitive resources or habitats, imperiled and critically
imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers.
Any environmental impacts from such devices, or any component of a solar
generation station, shall only be allowed in compliance with the provisions of the
County’s Comprehensive Plan and Land Development Code.
The applicant has provided an Environmental Impact Report that has been
reviewed by staff (see attached). As depicted on the proposed site plan, the
devices will not be placed in any wetland or environmentally sensitive areas.
3. All devices that capture and covert energy to electricity shall be located at least
fifty (50) feet from any lot line under separate ownership, unless otherwise
approved by the Board of County Commissioners.
The applicant has requested a waiver from the 50 foot setback. This waiver will be
reviewed through the site plan review process, and a final decision will be made
by the Board of County Commissioners.
4. The maximum lot coverage by structures, including solar ground or pole mounted
panels, for the zoning district may be waived by the Board of County
Commissioners. The approved maximum lot coverage shall be shown on the site
plan and specified in the resolution approving the development.
The applicant has requested a waiver from the 10 percent maximum lot coverage.
This waiver will be reviewed through the site plan review process, and a final
decision will be made by the Board of County Commissioners.
5. All solar generation station sites must comply with the landscaping and screening
requirements of the Land Development Code. The perimeter buffer landscaping
requirements may be waived by the Board of County Commissioners, if it is shown
to the satisfaction of the Commission that the adjoining property owners have no
objections to the landscaping waiver. Interior vehicular use area landscaping
requirements may be waived by the Commission, to the extent necessary to ensure
optimal solar access. The Board of County Commissioners may require additional
landscaping to enhance compatibility with adjacent land uses.
The applicant has requested a waiver from the landscaping and screening
requirements in the Land Development Code. As of date, there have been no
objections from adjoining property owners to the waiver.
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6. On site power lines shall be places underground to the maximum extent possible.
The applicant has addressed this to the maximum extent possible. The conduits
adjacent to the solar arrays that will transfer electrical current to the substation
have been placed underground where feasible so as not impact wetlands or
drainage. A power pole with an overhead transmission line will be installed
adjacent to the substation that will carry electricity to an existing FPL transmission
line that is located on the property to the west.
Consistency with Comprehensive Plan
The solar generation center will provide alternative, clean energy that complies with the
goals, policies and objectives of the Comprehensive Plan. Specifically, Goal IV of the
County’s ‘Greenprint’, which is cited in the County’s Conservation Element, adopted by
the Board of County Commissioners in 2009 that outlines the County’s vision for a
sustainable community. Goal IV strives to “support energy conservation and clean energy
alternatives”.
AG-1 zoning and its permitted and conditional uses are consistent with TVC, MXD and RE
Future Land Use designations. While the entire site is currently designated as TVC Future
Land Use, the 2007 Future Land Use Map underlies the TVC and instructs development.
The subject site was designated RE on the northern 290 acres and MXD on the southern
250 acres.
As identified in the 2030 North St. Lucie County Future Street Network Plan (attached),
and adopted as Fig 11-15 in the TVC Element of the St. Lucie County Comprehensive Plan,
there are two (2) roadways that are in close proximity to the proposed solar generation
center, the North/South “C” Road (two lane road) which is identified on the site plan and
the East/West Northern/Airport Connector (4 lane road). This proposed street network
supports the transportation concurrency strategy for the area and identifies the general
vicinity of major roads and intersections. It is important to note that the proposed streets
are not site specific. Land Development Code, Section 4.04.04(B)(2) states “St. Lucie
County will not approve any construction or development of land that would interfere with
the creation of or improvements to the streets identified on the Future Street Network
Plan”.
The conceptual alignment of the planned Northern/Airport Connector roadway is located
adjacent to the southern border of the subject property and is referenced in the St. Lucie
County Transportation Planning Organization’s (TPO) latest Long Range Transportation
Plan and is referred to as Go2040. The Go2040 references the construction of this
roadway that would link I-95 and Florida’s Turnpike with St. Lucie Boulevard, providing a
more direct route for trucks traveling on these highways to reach the Port of Fort Pierce,
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St. Lucie County International Airport and a proposed rail spur form the FEC rail line into
the Airport property. There are also plans to develop 984 acres of the land north of the
airport into a freight logistics zone, which would be facilitated by a better connection to
the roadway network. The feasibility of the Northern/Airport Connector roadway
depends on projected usage of these interchanges. The FDOT feasibility study is expected
to be funded beginning July 1, 2018.
The potential transportation impacts of this proposed use in conjunction with this
roadway were analyzed by FPL’s consultant Simmons and White, Inc. and reviewed by the
County’s traffic consultant, Calvin Giordano and Associates (see attached). The review
concludes that the proposed FPL Solar Farm will have a minor long-term impact on the
need or feasibility of the Northern/Airport Connector Road subject to the development of
the southerly 120 acres to its maximum development potential. A condition of approval
requires FPL to convey the southern 120 acres to St. Lucie County making them available
for future development.
Effect on Adjacent Properties
1. The proposed conditional use will not have an undue adverse effect upon nearby
property.
The proposed conditional use should not have an undue adverse impact upon nearby
properties. The solar panels are static, operate silently, have zero reflection, no odor, and
require no water, fuel or staff to operate.
2. The proposed conditional use is compatible with the existing or planned character of
the neighborhood in which it would be located.
The proposed conditional use is compatible with existing or planned character of the
neighborhood. The solar generation facility is a very low impact use surrounded by an
equestrian center, a residential PUD and agricultural land. The proposed solar generation
center is adjacent to an existing FPL transmission line and will create clean, renewable
energy by converting sunlight via photovoltaic solar arrays into direct current (DC)
electricity. This zero emission electricity will be converted into alternating current (AC)
utilizing power inverters.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed
conditional use on the immediate vicinity through building design, site design,
landscaping, and screening.
A seven (7) foot high fence with one (1) foot of barbed wire will be installed around the
perimeter of the property to secure the site. A condition of approval requires that all
exterior lighting be reduced to zero footcandle readings at the property line.
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4. The proposed conditional use will be constructed, arranged, and operated so as not
to interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
The proposed use is should not interfere with the development and use of neighboring
property. The conceptual alignment of the planned Northern/Airport Connector roadway
is located adjacent to the southern border of the subject property. The feasibility of the
Northern/Airport Connector roadway depends upon projected usage of these
interchanges. In accordance with 4.04.04 B2 a condition of approval requires the
applicant to convey the southerly 120 acres to St. Lucie County making them available for
future development. There is also a condition of approval that requires the applicant to
remove the solar equipment if the use is not operated for a continuous period of 12
months.
B. Adequacy of Public Facilities
Water/Wastewater
The subject property lies outside the urban services boundary. The proposed solar
generation center is a public utility and therefore does not require water or wastewater
service.
Transportation System
A traffic impact report is not required as per LDC, Section 11.02.09(4)(A). The applicant
has provided a traffic statement which indicates that the proposed development of the
solar generation facility will result in a net decrease in site traffic due to the change in use
from agriculture. The expected average trip generation of the facility following buildout
is four (4) trips per month for maintenance purposes. The proposed development will
have a minor long term impact on the need or feasibility of the Northern/Airport
Connector roadway.
C. Adequacy of Fire Protection
The St. Lucie County Fire District, Fire Prevention Bureau has reviewed the proposed
conditional use permit in accordance with the provisions of the State Fire Code and has
no objections to the request. St. Lucie County Fire District, Station #11 – Shinn Road (3501
Shinn Road) is located approximately 7 miles to the southwest.
D. Environmental Impact
The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres
of unimproved pasture (natural grasslands with herbaceous groundcover such as saw
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palmetto, wax myrtle, and widely scattered oak, slash pine and cabbage palm), 240.2-
acres of pine flatwoods, 105.7-acres of previous horticultural production (currently
utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres
of existing roads.
Environmental Resources Department does not object to the Conditional Use Permit
application. Environmental impacts for this Conditional Use are being addressed through
the Major Site Plan process, which is currently under review by staff. The Major Site Plan
application will address avoidance and minimization, tree preservation and mitigation,
landscaping and impacts to wetlands as required by the Land Development Code.
RECOMMENDATION
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to
approve the Conditional Use Permit for a solar generation station subject to the following
conditions in the Resolution:
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be consistent with
Resolution No. 17-XXX authorizing Major Site Plan approval on the drawings prepared by
Culpepper and Terpening, Inc. date stamped received by the St. Lucie County Planning
Division on ____, 2017. Adjustments to the site plan or conditional use permit may be
made consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility shall be restricted
to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on
Saturday.
3. Footcandle readings for all exterior lighting associated with normal operations of the solar
center shall be zero (0) at adjacent property lines. Repairs and maintenance of solar
center equipment shall be exempt from this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be considered
abandoned, and the owner of such solar equipment shall remove the same within 180
days of receipt of notice from the County notifying the owner of such abandonment.
Failure to remove the abandoned equipment shall be grounds for the County to remove
the equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section
28-107 through 28-112, as amended regulating noise.
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Environmental Resources Department
6. Alternative tree mitigation shall be obtained by the applicant through the conveyance of
the southerly 120 acres, depicted on Exhibit _______, attached hereto, to St. Lucie County.
Said conveyance shall be by Special Warranty Deed, free of all liens and encumbrances,
except for that certain pipeline easement recorded in Official Records Book ______, at
Page _______ of the Public Records of St. Lucie County, Florida, and reserving unto the
applicant an easement 100 feet in width along the northerly 120 acres, permitting the
applicant to clear and maintain the northern 50’ of all trees and the remaining 50’ of
easement to the south shall be kept clear of all vertical structures over 60’ in finished
height. The conveyance shall occur within 120 days of the expiration of any appeal periods
for approval of this Resolution or prior to the commencement of development, whichever
shall occur first. At the time of conveyance applicant shall provide St. Lucie County with a
title policy, survey and environmental phase 1 report for said 120 acres.
7. Upon construction of the operations and maintenance building, as identified by note #29,
on the Major Site Plan, the applicant shall provide an educational component that will be
available to St. Lucie County for educational purposes
8. The issuance of County development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
9. All other applicable state or federal permits must be obtained before commencement of
the development.
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_______________________________
File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 1
WPB_ACTIVE 8242908.6
Resolution 2018- XXX
File No.: CU 520175136
A RESOLUTION GRANTING CONDITIONAL USE PERMIT
APPROVAL TO ALLOW FOR THE CONSTRUCTION AND
OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR
CENTER IN THE AG-1, (AGRICULTURAL – 1) ZONING
DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST.
LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
1. Florida Power & Light Company presented a petition for a Conditional Use Permit
to allow for the construction and operation of a 74.5 MW Photovoltaic Solar
Center in the AG-1 (Agricultural – 1) Zoning District for the property depicted on
the attached map in Exhibit “A” and described in Part B below.
2. On October 19, 2017, the Planning and Zoning Commission at the request of the
applicant, continued the public hearing on the petition to November 16, 2017,
and on November 16, 2017, the applicant further requested a continuance of the
petition to December 21, 2017, after publishing notice at least 10 days prior to
the hearing and notifying by mail all owners of property within 500 feet of the
subject property,
3. On December 21, 2017, the St. Lucie County Planning and Zoning Commission
resumed the public hearing on the petition, and recommended that the Board of
County Commissioners approve/deny the hereinafter described Conditional Use
Permit in the AG-1 (Agricultural – 1) Zoning District for the property described in
Part B.
4. On January 9, 2018, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
5. The Conditional Use Permit, with the conditions therein, is consistent with the
goals, objectives and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land
Development Code.
6. With conditions therein, the project will not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions, parking,
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File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 2
WPB_ACTIVE 8242908.6
utility facilities, or other matters affecting the public health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit that allows for the construction and operation of a 74.5
MW Photovoltaic Solar Center on the property described below is hereby
approved subject to the following conditions:
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be
consistent with Resolution No. 18-XXX authorizing Major Site Plan
approval on the drawings prepared by Culpepper and Terpening, Inc. date
stamped received by the St. Lucie County Planning Division on ____,
2017. Adjustments to the site plan or conditional use permit may be made
consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility
shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and
8:00 a.m. to 5:00 p.m. on Saturday.
3. Footcandle readings for all exterior lighting associated with normal
operations of the solar center shall be zero (0) at adjacent property lines.
Repairs and maintenance of solar center equipment shall be exempt from
this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be
considered abandoned, and the owner of such solar equipment shall
remove the same within 180 days of receipt of notice from the County
notifying the owner of such abandonment. Failure to remove the
abandoned equipment shall be grounds for the County to remove the
equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code,
Section 28-107 through 28-112, as amended regulating noise.
Environmental Resources Department
6. The issuance of County development permit does not in any way create
any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the County if
the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
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_______________________________
File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 3
WPB_ACTIVE 8242908.6
7. All other applicable state or federal permits must be obtained before
commencement of the development.
8. Alternative tree mitigation shall be obtained by the applicant through the
conveyance of the Southerly 120 acres, depicted on Exhibit _______,
attached hereto (the “Southern Parcel”), to St. Lucie County. Said
conveyance shall be by Special Warranty Deed, free of all liens and
encumbrances, except for that certain pipeline easement recorded in
Official Records Book 261, at Page 512 of the Public Records of St. Lucie
County, Florida, and reserving unto the applicant, as depicted on Exhibit
_____ a 100-foot easement, granting the applicant the right and privilege
to cut, trim and clear all trees and vegetation within the described 100-foot
easement and further granting a prohibition against erecting, placing,
permitting or maintaining any structures whatsoever within the Northerly
and Easterly 50-feet of said easement and prohibiting erecting, placing,
permitting or maintaining any structures whatsoever above the finished
height of 60-feet within the Southerly and Westerly 50-feet of said
easement in perpetuity. The conveyance shall occur prior to the
commencement of any removal of vegetation from the site. At the time of
conveyance applicant shall provide St. Lucie County with a title policy,
survey and environmental phase 1 report for said 120 acres.
9. Upon construction of the operations and maintenance building, as
identified by note #29, on the Major Site Plan, the applicant shall provide
an educational component that will be available to St. Lucie County for
educational purposes.
B. The subject property is described as follows:
Parcel 1
That part of the Northeast 1/4 of Section 28, Township 34 South, Range 39 East,
lying Westerly of the Right of Way for Interstate 95, AND the South of the
Northwest ¼ of Section 28, Township 34 South, Range 39 East, lying Westerly of
the Right of Way for Interstate 95, St. Lucie County, Florida, less and excepting
therefrom the North 200 feet of that part thereof situate and being within the
Southeast 1/4 of the Northwest ¼ of said Section 28 lying Westerly of the Right
of Way for Interstate 95.
Together with and subject to those certain easements contained in the following:
a. That certain Warranty Deed given by St. Lucie Groves Investments, ltd. to
Edgar A. Brown, as Trustee dated January 18, 1993 and recorded in
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
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File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 4
WPB_ACTIVE 8242908.6
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant dated March 26, 1993
and recorded In Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 2
The West ½ of the Southwest 1/4 of Section 28, Township 34 South, Range 39
East, St. Lucie County, Florida.
Parcel 3
The West ½ of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township
34 South, Range 39 East, St. Lucie County, Florida.
Parcel 4
The East of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township 34
South. Range 39 East, St. Lucie County, Florida.
Parcel 5
The Southeast 1/4 of the Southwest 1/4 of Section 28, Township 34 South,
Range 39 East AND that part of the Southeast 1/4 of Section 28, Township 34
South, Range 39 East, lying Westerly of the right-of-way for Interstate 95, St.
Lucie County, Florida.
Together with and subject to those certain easements contained in the following:
a. That certain Warranty Deed given by St. Lucie Groves Investments, Ltd. to
Edgar A. Brown, as Trustee, dated January 18, 1993 and recorded In
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant, dated March 26, 1993
and recorded in Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 6
The North ½ of Section 33, Township 34 South, Range 39 East lying West of 1-
95,excepting therefrom, however, the South 75 feet thereof, also Less and
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File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 5
WPB_ACTIVE 8242908.6
Except Proposed St. Lucie Blvd. as described in Official Records Book 710,
Page 2734, of the Public Records of St. Lucie County, Florida.
Parcel Identification Numbers:
1328-231-0001-000-7 1328-311-0001-000-2 1328-132-0025-000-7
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this business to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
D. The approvals and authorizations granted by this Resolution shall expire on
__________________, 2020, unless a Building Permit or Certificate of Zoning
Compliance for is obtained for the uses described in Part A above, or an
extension has been granted in accordance with Section 11.07.05(F), St. Lucie
County Land Development Code.
After motion and second, the vote on this resolution was as follows:
Chair Frannie Hutchinson XXX
Vice-Chair _______________ XXX
Commissioner Chris Dzadovsky XXX
Commissioner Linda Bartz XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this 9th day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Frannie Hutchinson, Chair
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
File No.: CU 520175136 Resolution 2018-XXX
____________________
Page 6
WPB_ACTIVE 8242908.6
Exhibit A
Location Map
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Revised: 08/29/2015
Memorandum
☒ Fort Lauderdale Office ∙ 1800 Eller Drive ∙ Suite 600 ∙ Fort Lauderdale, FL 33316 ∙ 954.921.7781(p) ∙ 954.921.8807(f)
☐ West Palm Beach Office ∙ 560 Village Boulevard ∙ Suite 340 ∙ West Palm Beach, FL 33409 ∙ 561.684.6161(p) ∙ 561.684.6360(f)
The requirements for a corridor/feasibility study as defined by FDOT include the following elements;
1. Problems and Need‐ Defining the key issues and opportunities
Existing Conditions and Needs‐ Conduct technical analysis & data collection of existing conditions, including gathering
relevant work performed in previous studies.
Future Conditions and Needs‐ Develop future conditions based on various forecasted traffic and land use projections.
2. Alternative Options‐ Understanding and defining a range of options ‐ including land use solutions
Identify range of alternative options
3. Evaluation‐ Comparing and initial screening of the proposed alternative options
Identify criteria to evaluate and compare alternative options on a system level and alternative options performance
Narrowing alternative options down to which alternatives should be considered/compared in Project Development &
Environment (PD&E)
Cost‐Benefit Analysis
4. Documentation
Findings
Recommendations‐ Short Term, Mid‐Term and Long Term
5. Coordination and Outreach
The requirements for a new interchange is defined by FDOT/FL Turnpike and include the following elements as part of an Interchange
Access Request (IAR). The IAR is required to demonstrate the project is needed and is viable based on traffic, engineering, financial and
other criteria.
1. Executive summary (FHWA’s eight policy points)‐ Need to address these points
2. Purpose and need
3. Methodology
4. Existing conditions
Baseline operational characteristics
Environment and Cultural Impacts
Navigable waterways,
Wetlands
Public lands
Contaminated sites
Noise‐sensitive sites
Historical or archaeological sites
Threatened and endangered species
Date: 11/09/2017
To: Bonnie Landry, AICP, Planning Manager
From: Eric S. Czerniejewski, P.E., Director of Traffic Engineering, Calvin, Giordano and Associates, Inc.
Subject: Northern/Airport Connector from FL Turnpike to Kings Highway (St. Lucie County)
Project: Corridor Study/Feasibility Study Requirements
CC: Leslie Olson, AICP, Director
4.A.g
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Revised: 08/29/2015
Memorandum
Contamination
Air quality
Section 4 (f) lands
Impacts to neighborhoods or any other environmental or cultural factors
5. Future conditions
Travel Demand Forecasts
6. Alternatives analysis
System and operational performance
Safety
Environmental impacts
7. Funding plan and schedule
8. Recommendation
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Packet Pg. 69
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Packet Pg. 70
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Packet Pg. 71
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Packet Pg. 72
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Packet Pg. 73
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Packet Pg. 74
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Packet Pg. 75
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Packet Pg. 76
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Packet Pg. 77
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Packet Pg. 78
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Packet Pg. 79
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Packet Pg. 80
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Packet Pg. 81
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Packet Pg. 82
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Packet Pg. 83
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Packet Pg. 84
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Packet Pg. 85
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Packet Pg. 86
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Packet Pg. 87
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Packet Pg. 88
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Packet Pg. 89
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Packet Pg. 90
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Packet Pg. 91
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Packet Pg. 92
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Packet Pg. 93
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Packet Pg. 94
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Packet Pg. 95
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Packet Pg. 96
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LDC, SECTION 3.01.03
AG-1 ZONING DISTRICT
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses
as may be necessary to and compatible with productive agricultural
surroundings. Residential densities are restricted to a maximum of one (1)
dwelling unit per gross acre. The number in "( )" following each identified use
corresponds to the SIC Code reference described in Section 3.01.02(B). The
number 999 applies to a use not defined under the SIC Code but may be further
defined in Section 2.00.00 of this Code.
2. Permitted Uses.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located
within a radius of one thousand (1,000) feet of another existing such
family residential home and provided that the sponsoring agency or
Department of Health and Rehabilitative Services (HRS) notifies the
Board of County Commissioners at the time of home occupancy that
the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research facilities, non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table
1 in Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance
with Table 1 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
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6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses.
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand
(1,000) feet of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
l. Telecommunication towers - subject to the standards of Section
7.10.23. (999)
m. Camps - sporting and recreational. (7032)
n. Solar generation station subject to the requirements of Section 7.10.28.
(999)
8. Accessory Uses. Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary
authorized use or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subject to the requirements of Section 7.10.28.
(999)
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LDC, SECTION 7.10.28
SOLAR ENERGY
The following provisions are intended to facilitate the commercial generation and distribution
of solar power and the use of on-site solar energy systems to meet the energy demands of
buildings and support facilities in the unincorporated County. All Solar equipment and devices
shall comply with Florida Statutes and shall be certificated by the Florida Solar Energy
Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a solar
generation station shall be subject to the following provisions:
1. Solar generation stations shall require submittal of a Major Site Plan
application concurrent with a Conditional Use Permit, when required. The
development shall be subject to the following supplemental criteria:
a. Physical access to a solar generation station shall be restricted by fencing
or walls. Razor wire is prohibited. All fencing and wall details shall be
provided for review and approval as part of the required site plan.
b. The devices that capture energy and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats,
imperiled and critically imperiled habitats as defined by the Florida
Natural Areas Inventory, and buffers. Any environmental impacts from
such devices, or any component of a solar generation station, shall only
be allowed in compliance with the provisions of the County's
Comprehensive Plan and Land Development Code.
c. All devices that capture and convert energy to electricity shall be located
at least fifty (50) feet from any lot line under separate ownership, unless
otherwise approved by the Board of County Commissioners.
d. The maximum lot coverage by structures, including solar ground or
pole mounted panels, for the zoning district may be waived by the
Board of County Commissioners. The approved maximum lot coverage
shall be shown on the site plan and specified in the resolution
approving the development.
e. All solar generation station sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter
buffer landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that
the adjoining property owners have no objection to the landscaping
waiver. Interior vehicular use area landscaping requirements may be
waived by the Commission, to the extent necessary to ensure optimal
solar access. The Board of County Commissioners may require
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additional landscaping to enhance compatibility with adjacent land
uses.
f. On-site power lines shall be placed underground to the maximum
extent possible.
B. Solar Energy System. In addition to other applicable sections of this Code, a solar
energy system shall be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements for such, together with all other applicable building codes and
ordinances, unless otherwise provided for in this Code. Solar panels installed on
roofs are exempt from the building height requirements. Solar panels installed
on rooftops shall be located two (2) feet from the roof edge.
2. Non-roof installed solar energy devices integrated into the architecture of the
building, such as the walls of the building, shall be no greater than ten (10)
feet above the maximum height requirements of the zoning district.
3. Ground or pole mounted systems shall be limited to a height of ten (10) feet
above the base floor elevation of the primary structure.
4. Solar energy systems shall not be located in front or side corner yards of any
parcel, unless the following are met: 1) the conditions of the side and back
yards prohibit the installation of a system, and 2) the lot is one (1) acre or
greater, and 3) adequate buffering along the adjacent roadway is provided,
and 4) the location is approved by the Director of Planning and Development
Services.
5. Solar ground and pole mounted systems less than six (6) feet in height may
encroach into the side and rear setback area, but in no case shall the system
be located closer than five (5) feet from the property line. Where the system is
higher than six (6) feet in height the setback requirements of the zoning district
shall apply.
6. Solar collectors may be co-located on communication towers, and parking lot
and street light poles, in which case the height and setback requirements for
said tower/pole shall apply.
7. All new exterior electrical lines and utility wires connecting a ground or pole
mounted solar system to the building it serves shall be buried underground.
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8. The Board of County Commissioners may allow for a modification of these
accessory use provisions when the proposed solar energy system will serve
buildings within a planned development project. The modifications shall be
identified on the site plan graphics and within the resolution granting approval
to the planned development.
9. Waiver. In the event any of the provisions in this Section have the effect of
prohibiting the installation of a solar energy system, the applicant shall have
the right to apply for a waiver from these provisions to the Director of Planning
and Development Services or designee. The Director may grant a waiver upon
determining that strict application of the Code would result in prohibiting the
installation of a solar energy system.
10. Landscape Waiver. The Environmental Resources Director may waive the
landscaping requirements of the Land Development Code to the extent
necessary to ensure optimal solar access.
11. Any approval of a solar energy system does not create any actual or inferred
solar energy system easement against adjacent property and/or structures.
The owner and/or property owner of a solar energy system shall not infer or
claim any rights to protective writs to any caused shadows or operating
ineffectiveness against future development adjacent to or higher than the
property location of the solar energy system. The approval of any solar energy
system granted by St. Lucie County shall not create any future liability or infer
any vested rights to the owner and/or property owner of the solar energy
system on the part of the County for any future claims against said issuance of
approval of the solar energy system that result from reliance on this section or
any administrative decision lawfully made thereunder.
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Environmental resources
FINAL REPORT
TO: Jeff Johnson, Planning & Development Services Department
THROUGH: Ben Balcer, Environmental Regulations Manager
Amy Griffin, Environmental Resources Director
FROM: Jennifer McGee, Senior Environmental Planner
DATE: July 31, 2017
SUBJECT: FPL Interstate Solar Energy Facility
CU 520175136
Background
The Environmental Resources Department (ERD) has completed a review of the July 28, 2017 electronic
resubmittal. The applicant is requesting approval of a conditional use to construct a 74.5 MW Photovoltaic
Solar Center in central St. Lucie County. A concurrent Major Site Plan application is currently under review for
the proposed project as well.
This facility will have the capacity to serve approximately 15,000 homes with clean renewable energy. The
approximately 540-acre site is located off Aico Road, just west of Interstate I-95 and north of C-25 (Belcher)
canal. The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres of unimproved
pasture (natural grasslands with herbaceous groundcover such as saw palmetto, wax myrtle, and widely scattered
oak, slash pine and cabbage palm), 240.2-acres of pine flatwoods, 105.7-acres of previous horticultural
production (currently utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres of existing roads.
Findings
Environmental impacts for this Conditional Use are being addressed through the Major Site Plan process, which
is currently under review by staff. The Major Site Plan application will address avoidance and minimization,
tree preservation and mitigation, landscaping and impacts to wetlands as required by the Land Development
Code.
Recommendation
ERD supports approval of the proposed Conditional Use with conditions as detailed below.
Conditions of Approval
1) The concurrent Major Site Plan application shall be reviewed and approved by the Environmental
Resources Department prior to Board of County Commissioners approval of this Conditional Use.
2) The issuance of County development permit does not in any way create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create any liability on the part of
the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or federal law.
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3) All other applicable state or federal permits must be obtained before commencement of the development.
Please contact Jennifer McGee at 772-462-3862 if you have any questions.
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This instrument prepared by or under the supervision of
(and after recording should be returned to):
Seth S. Sheitelman, Esq.
Florida Power Light Company (LAW /18)
700 Universe Boulevard
Juno Beach, Florida 33408
Parcell.D. Nos.: 1328-231-0001-000-7;
1328-31 1-0001-000-2; 1328-321-0001-000-3;
1333-112-0010-000-3; 1328-132-0025-000-7;
1328-312-0001-000-5; and 1328-341-0001-000-5
Of lHE CIRCUll COURT lH CLERK JOSEPH e. SM! 'NlY
SAINl LUCIE CO~I2612016 10:37:27 AM l' pe'DEED
FILE # 4224153 PAGE 2715 _ 2771 Ooc V .
RSOOK3905
~ECORDING: $27.00
()oc Tax: $0.70
(Space Reserved for Clerk of Court)
NOTE TO CLERK: TillS IS A CONVEYANCE OF UNENCUMBERED REAL PROPERTY FROM THE
GRANTOR TO AN ENTITY THAT WHOLLY OWNS GRANTOR. ACCORDINGLY, PURSUANT TO
THE FLORIDA SUPREME COURT'S RULING IN CRESCENT MIAMI CENTER, LLC V. FLORIDA
DEPARTMENT OF REVENUE, AS CONFIRMED BY SECTION 201.0201, FLORIDA STATUTES,
MINIMUM DOCUMENTARY STAMP TAXES ARE BEING PAID IN CONNECTION HEREWITH.
SPECIAL WARRANTY DEED
TIDS SPECIAL WARRANTY DEED is made and entered into as of the lSd, day of August,
2016 by Gray Sky Investments, LLC, a Delaware limited liability company ("Grantor"), whose mailing
address is c/o Chicago Title Insurance Agency, Inc., 3067 East Commercial Boulevard, Fort Lauderdale,
Florida 3330S, to Florida Power & Light Company, a Florida corporation ("Grantee"), whose mailing
address is 700 Universe Boulevard, Juno Beach, Florida 3340S. Wherever used herein, the terms
"Grantor" and "Grantee" shall include all of the parties to this instrument and their heirs, personal
representatives, and assigns.
WIT NE S SETH:
GRANTOR, for and in consideration of Ten and No/IOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's
successors andlor assigns forever, the following described land situate and being in St. Lucie County,
Florida ("Property"), to wit:
SEE ATTACHED EXIllBIT "A".
TOGETHER WITH all the tenements, hereditaments and appmtenances thereunto belonging or
in anywise appmtaining.
TIDS CONVEYANCE is subject to: (a) taxes and assessments for the year of closing and
subsequent years which are not yet due and payable; (b) zoning, restrictions, prohibitions and other
requirements imposed by governmental authority, (c) restrictions and matters appearing on the plat or
otherwise common to the subdivision, and (d) all covenants, conditions, restrictions, rights of way,
limitations, easements and similar matters of record, if any, but this reference shall not operate to
reimpose same.
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in fee
simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully
warrants the title to the Property and will defend the same against the lawful claims of all persons
claiming by, through or under Grantor, but no otllers.
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal as of the day and
year first above written.
Signed, sealed and delivered
in the presence of:
Sign:~ Print:~
Sign:~~
Print:' t:Jd rM D i9-&"e,e,J '-J'
STATE OF DELAWARE
COUNTYOF N£iAJ f.ftsrLi!
)
) SS:
)
Grantor:
GRAY SKY INVESTMENTS, LLC,
a Delaware limited liability company
By:~!7{~
N;lme: Barbara Morris
Title: President
The foregoing instrument was acknowledged before me this ht1iiy of August, 2016, by
Barbara Morris, as 'President of Gray Sky Investments, LLC, a Delaware limited liability company,
.... oIi'behalf of the company.
'-, " ,
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EXIDBITA
Legal Description
PARCEL 1:
That part of the Northeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of the Right of Way
for Interstate 95, AND the South Y, of the Northwest Y. of Section 28, Township 34 South, Range 39 East, lying
Westerly of the Hight of Way for Interstate 95, St. Lucie County, Florida, LESS AND EXCEPTING THEREFROM the
North 200 feet of that part thereof situate and being within the Southeast Y. of the Northwest Y. of said Seclion 28
lying Westerly of the Hight of Way for Interstate 95.
TOGETHER WITH AND SUBJECT TO those certain easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18, 1993 and recorded in Official Records Book 824, Page 2323, of the Public Records of SI. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brovm, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucio County, Florid~.
PARCEL 2:
The West Y, of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie County, Florida.
PARCEL 3:
The West Y, of llie Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 4:
The East Y, of the Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 5:
The Southeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East AND that part of the
Southeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of Ule right-of-way for Interstate 95,
SI. Lucie County, Florida.
TOGETHER WITH AND SUBJECT TO those certal'l easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18,1993 and recorded In Official Records Book 824, Page 2323, of the PubliC Records of St. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brown, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucie County, Florida.
PARCEL 6:
The North Y, of Section 33, Township 34 South, Range 39 East, lying West of 1-95, excepting therefrom, however,
the South 75 feet thereof, also Less and Except Proposed SI. Lucie Blvd., as described in OffiCial Records Book
710, Page 2734, of the Public Records of SI. Lucie County, Florida.
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Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE
PETITION OF FPL FOR A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION
STATION WITHIN THE AG-1 ZONING DISTRICT SUBJECT TO THE FOLLOWING
CONDITIONS, BECAUSE... [CITE REASONS]
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be consistent with
Resolution No. 17-XXX authorizing Major Site Plan approval on the drawings prepared by
Culpepper and Terpening, Inc. date stamped received by the St. Lucie County Planning
Division on ____, 2017. Adjustments to the site plan or conditional use permit may be
made consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility shall be restricted
to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on
Saturday.
3. Footcandle readings for all exterior lighting associated with normal operations of the solar
center shall be zero (0) at adjacent property lines. Repairs and maintenance of solar
center equipment shall be exempt from this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be considered
abandoned, and the owner of such solar equipment shall remove the same within 180
days of receipt of notice from the County notifying the owner of such abandonment.
Failure to remove the abandoned equipment shall be grounds for the County to remove
the equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section
28-107 through 28-112, as amended regulating noise.
Environmental Resources Department
6. The issuance of County development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
7. All other applicable state or federal permits must be obtained before commencement of
the development.
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8. Alternative tree mitigation shall be obtained by the applicant through the conveyance of
the southerly 120 acres, as depicted on Exhibit B, attached thereto, to St. Lucie County in
a method acceptable to the County Attorney. Said conveyance shall take place within 120
days of approval of this Resolution or prior to commencement of the development,
whichever shall occur first.
9. Upon construction of the solar management building, as identified by Note #29 on the
Major Site Plan, the applicant shall provide an educational component that will be available
to St. Lucie Count for educational purposes.
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION DENYING THE PETITION OF FPL FOR
A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION STATION WITHIN THE
AG-1, ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE
SPECIFIC]
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ITEM NO. (ID # 4873)
DATE: 12/21/2017
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
The Florida Legislature has provided local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry. The Federal Emergency
Management Agency has identified special flood hazard areas within the boundaries of St. Lucie County,
Florida. 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. St. Lucie County was accepted for participation in the
National Flood Insurance Program (NFIP) in 1994 and the County desires to continue to meet the
requirements of Federal law, necessary for such participation. In addition 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
(FBC).
The Florida Department of Emergency Management (FDEM) has mandated a full repeal and
replace of the County's Floodplain Management Ordinance language that was adopted by the Board in
December of 2012. FDEM has provided a Model Ordinance that was crafted to meet NFIP requirements
and to explicitly coordinate with the FBC. Local governments are expected to limit the insertion of unique
language to only those sections where they wish to enforce higher or stricter standards justified by a
higher Community Rating System (CRS) score. An adoption deadline is unclear, only that it is
recommended to adopt the ordinance as soon as possible to avoid conflicts with the new FBC going into
effect on December 31, 2017. The adoption process for this ordinance is unusual in that it’s to be sent to
FDEM prior to adoption for a compliance review and then again after adoption where the State will
forward to FEMA. The model floodplain ordinance will be reflected in the regulation portion of the CRS
score.
PREVIOUS ACTION:
On November 21, 2017, the Board of County Commissioners authorized permission to advertise a
proposed Floodplain Model ordinance repealing and replacing Ordinance No. 11-031 for public hearing
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Floodplain Model Ordinance No. 18-XXX - Repeal & Replace Ordinance No.
11-031
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Updated: 12/15/2017 3:57 PM by Sarah Smith Page 2
before the Planning and Zoning Commission and two (2) public hearings before the Board of County
Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County
Commissioners with a recommendation of approval.
COMMISSION ACTION:
Coordination/Signatures
4.B
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PROOF O.K.BY:__________________________________________________O.K.WITH CORRECTIONS BY:_________________________________________
PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE
TR-1845560.INDD
ADVERTISER:ST LUCIE COUNTYATTORNEY PROOF CREATEDAT:12/4/2017 11:02AM
SALES PERSON:TRN9103 PROOF DUE:-NEXT RUN DATE:12/07/17
PUBLICATION:TR-DAILY SIZE:3 col X 10 in
BEFORE THE LOCAL PLANNING AGENCY
ST.LUCIE COUNTY,FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that the Local Planning Agency of St.Lucie County,Florida,will
consider proposed County Ordinance No.18-XXX which would amend the St.Lucie County
Land Development Code to amend section 2.00.00 (Definitions)by deleting and providing new
definitions for Floodplain Management to amend 6.05.00 flood damage prevention to repeal
current sections 6.05.01 to section 6.05.07;to adopt a new 6.05.00 floodplain management;
to adopt flood hazard maps,to designate a floodplain administrator,to adopt procedures and
criteria for development in flood hazard areas.A public hearing will be held before the St.Lucie
County Local Planning Agency/Planning and Zoning Commission on Thursday,the 21st day of
December,2017,at 6:00 p.m.,or as soon thereafter as the matter may be heard in the St.Lucie
County Commission Chambers at the St.Lucie County Administration Building Annex,Third
Floor,2300 Virginia Avenue,Fort Pierce,Florida.Matters affecting your personal and property
rights may be heard and acted upon.
All interested persons will be given an opportunity to be heard.Written comments received
in advance of the public hearing will also be considered.Written comments to the Planning and
Zoning Commission should be received by the Planning and Development Services Department
-Planning Division at least 3 days prior to the scheduled hearing.The petition file is available
for review at the Planning and Development Services Department –Planning Offices located at
2300 Virginia Avenue,2nd Floor,Fort Pierce,Florida,during regular business hours.Please call
(772)462-2822 or TDD (772)462-1428 if you have any questions or require additional information
about this petition.
The St.LucieCounty Planning and Zoning Commission/LocalPlanning Agency has the power
to review and recommend to the St.Lucie County Boardof County Commissioners,for approval
or disapproval,any applications within their area of responsibility.If it becomes necessary,a
public hearing may be continued to a date certain.
The proceedings of the Local Planning Agency/Planning and Zoning Commission are
electronically recorded.PURSUANT TO SECTION 286.0105,FLORIDA STATUTES,if a person
decides to appeal any decision made by the Local Planning Agency/Planning and Zoning
Commission with respectto any matter considered at a meeting or hearing,he or she will need a
recordof theproceedings.For such purpose,heor shemay needto ensure that a verbatimrecord
of the proceedings is made,which record includes the testimony and evidence upon which the
appeal is to be based.Upon the request of any party to the proceeding,individuals testifying
during a hearing will be sworn in.Any party to the proceeding will be granted an opportunity to
cross-examine any individual testifying during a hearing upon request.If it becomes necessary,
a public hearing may be continued to a date certain.
The title of this Ordinance is:
ORDINANCE
AN ORDINANCE OF THE ST.LUCIE BOARD OF COUNTY COMMISSIONERS
AMENDING THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE TO AMEND
SECTION 2.00.00 (DEFINITIONS)BY DELETING AND PROVIDING NEW
DEFINITIONS FOR FLOODPLAIN MANAGEMENT TO AMEND 6.05.00 FLOOD
DAMAGE PREVENTION TO REPEAL CURRENT SECTIONS 6.05.01 TO SECTION
6.05.07;TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT;TO ADOPT
FLOOD HAZARD MAPS,TO DESIGNATE A FLOODPLAIN ADMINISTRATOR,
TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD
HAZARD AREAS,AND FOROTHER PURPOSES;PROVIDING FOR CONFLICTING
PROVISIONS,SEVERABILITY AND APPLICABILITY;PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE;PROVIDING FOR ADOPTION AND
CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this meeting should contact the St.
Lucie County Risk Manager at least forty-eight (48)hours prior to the meeting at (772)462-1546
or T.D.D.(772)462-1428.
LOCAL PLANNING AGENCY/
PLANNING AND ZONING COMMISSION
ST.LUCIE COUNTY,FLORIDA
/S/WILLIAM O’DELL,CHAIRMAN
December 7,2017 TCN-1845560
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> Ad Proof
> Ad Proof
> Account Information > Insertion Information
Date: 12/05/17
Account Number: 437762 (T15612366)
Name: ST LUCIE COUNTY ATTORNEY’S OFF
Contact:
Email: bishopc@stlucieco.org
Address: 2300 VIRGINIA AVE, FT PIERCE, FL, 34982-5653
Phone: (772) 462-1492 Fax: (000) 000-0000
This is a proof of your ad scheduled to run on the dates indicated below.
Please confirm placement prior to deadline by contacting your account
rep at (772) 692-8966 .
Ad Id: 1847767 P.O. No.: Total Cost: $278.85
Tag Line: BEFORE THE LOCAL PLANNING AGENCY ST.
Start Date: 12/07/17 Stop Date: 12/07/17
Number of Times: 1 Class: 16180 - Notice
Publications: TC-TC News-Press-Tribune, TC-Internet tcpalm.com
Sales Rep: Linda Klein (T9103) Phone: (772) 692-8966 Email: linda.klein@tcpalm.com
I agree this ad is accurate and as ordered.
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat-
egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi-ately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past
the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run.
BEFORE THE LOCAL PLAN-NING AGENCY ST. LUCIE COUNTY, FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that the Local Planning Agency of St. Lucie County, Florida, will consider proposed County Ordinance No. 18-XXX which would amend the St. Lucie County Land Development Code to amend section 2.00.00 (Definitions) by deleting and providing new definitions for Floodplain Management to amend 6.05.00 flood damage prevention to repeal current sections 6.05.01 to section 6.05.07; to adopt a new 6.05.00 floodplain management; to adopt flood hazard maps, to designate a floodplain admin-istrator, to adopt procedures and criteria for development in flood hazard areas. A public hearing will be held before the St. Lucie County Local Plan-ning Agency/Planning and Zoning Commission on Thurs-day, the 21st day of December, 2017, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie Coun-ty Commission Chambers at the St. Lucie County Adminis-tration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon.
All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be con-sidered. Written comments to the Planning and Zoning Com-mission should be received by the Planning and Development Services Department - Plan-ning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Depart-ment – Planning Offices locat-ed at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addi-tional information about this petition.
The St. Lucie County Plan-ning and Zoning Commission/ Local Planning Agency has the power to review and recom-mend to the St. Lucie County Board of County Commission-ers, for approval or disapprov-al, any applications within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain.
The proceedings of the Local Planning Agency/Planning and Zoning Commission are electronically recorded. PUR-SUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Local Planning Agency/Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro-ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which theappeal is to be based. Upon the request of any party to the proceeding, individuals testi-fying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-ex-amine any individual testi-fying during a hearing upon request. If it becomes neces-sary, a public hearing may be continued to a date certain.
The title of this Ordinance is:
ORDINANCEAN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS AMEND-ING THE ST. LUCIE COUN-TY LAND DEVELOPMENT CODE TO AMEND SECTION 2.00.00 (DEFINITIONS) BY DELETING AND PROVID-ING NEW DEFINITIONS FOR FLOODPLAIN MANAGE-MENT TO AMEND 6.05.00 FLOOD DAMAGE PREVEN-TION TO REPEAL CURRENT SECTIONS 6.05.01 TO SEC-TION 6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOOD-PLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOP-MENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICTING PROVI-SIONS, SEVERABILITY AND APPLICABILITY; PROVID-ING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Coun-ty Risk Manager at least for-ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428.
LOCAL PLANNING AGENCY/ PLANNING AND ZONING COM-MISSIONST. LUCIE COUNTY,FLORIDA/S/ WILLIAM O’DELL,CHAIRMANDecember 7, 2017TCN 1847767
BEFORE THE LOCAL PLAN-NING AGENCY ST. LUCIE COUNTY, FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that the Local Planning Agency of St. Lucie County, Florida, will consider proposed County Ordinance No. 18-XXX which would amend the St. Lucie County Land Development Code to amend section 2.00.00 (Definitions) by deleting and providing new definitions for Floodplain Management to amend 6.05.00 flood damage prevention to repeal current sections 6.05.01 to section 6.05.07; to adopt a new 6.05.00 floodplain management; to adopt flood hazard maps, to designate a floodplain admin-istrator, to adopt procedures and criteria for development in flood hazard areas. A public hearing will be held before the St. Lucie County Local Plan-ning Agency/Planning and Zoning Commission on Thurs-day, the 21st day of December, 2017, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie Coun-ty Commission Chambers at the St. Lucie County Adminis-tration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon.
All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be con-sidered. Written comments to the Planning and Zoning Com-mission should be received by the Planning and Development Services Department - Plan-ning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Depart-ment – Planning Offices locat-ed at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addi-tional information about this petition.
The St. Lucie County Plan-ning and Zoning Commission/ Local Planning Agency has the power to review and recom-mend to the St. Lucie County Board of County Commission-ers, for approval or disapprov-al, any applications within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain.
The proceedings of the Local Planning Agency/Planning and Zoning Commission are electronically recorded. PUR-SUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Local Planning Agency/Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro-ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which theappeal is to be based. Upon the request of any party to the proceeding, individuals testi-fying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-ex-amine any individual testi-fying during a hearing upon request. If it becomes neces-sary, a public hearing may be continued to a date certain.
The title of this Ordinance is:
ORDINANCEAN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS AMEND-ING THE ST. LUCIE COUN-TY LAND DEVELOPMENT CODE TO AMEND SECTION 2.00.00 (DEFINITIONS) BY DELETING AND PROVID-ING NEW DEFINITIONS FOR FLOODPLAIN MANAGE-MENT TO AMEND 6.05.00 FLOOD DAMAGE PREVEN-TION TO REPEAL CURRENT SECTIONS 6.05.01 TO SEC-TION 6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOOD-PLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOP-MENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICTING PROVI-SIONS, SEVERABILITY AND APPLICABILITY; PROVID-ING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Coun-ty Risk Manager at least for-ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428.
LOCAL PLANNING AGENCY/ PLANNING AND ZONING COM-MISSIONST. LUCIE COUNTY,FLORIDA/S/ WILLIAM O’DELL,CHAIRMANDecember 7, 2017TCN 1847767
BEFORE THE LOCAL PLAN-NING AGENCY ST. LUCIE COUNTY, FLORIDANOTICE OF INTENTNOTICE IS HEREBY GIVEN that the Local Planning Agency of St. Lucie County, Florida, will consider proposed County Ordinance No. 18-XXX which would amend the St. Lucie County Land Development Code to amend section 2.00.00 (Definitions) by deleting and providing new definitions for Floodplain Management to amend 6.05.00 flood damage prevention to repeal current sections 6.05.01 to section 6.05.07; to adopt a new 6.05.00 floodplain management; to adopt flood hazard maps, to designate a floodplain admin-istrator, to adopt procedures and criteria for development in flood hazard areas. A public hearing will be held before the St. Lucie County Local Plan-ning Agency/Planning and Zoning Commission on Thurs-day, the 21st day of December, 2017, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie Coun-ty Commission Chambers at the St. Lucie County Adminis-tration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon.
All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be con-sidered. Written comments to the Planning and Zoning Com-mission should be received by the Planning and Development Services Department - Plan-ning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Depart-ment – Planning Offices locat-ed at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addi-tional information about this petition.
The St. Lucie County Plan-ning and Zoning Commission/ Local Planning Agency has the power to review and recom-mend to the St. Lucie County Board of County Commission-ers, for approval or disapprov-al, any applications within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain.
The proceedings of the Local Planning Agency/Planning and Zoning Commission are electronically recorded. PUR-SUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Local Planning Agency/Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro-ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which theappeal is to be based. Upon the request of any party to the proceeding, individuals testi-fying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-ex-amine any individual testi-fying during a hearing upon request. If it becomes neces-sary, a public hearing may be continued to a date certain.
The title of this Ordinance is:
ORDINANCEAN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS AMEND-ING THE ST. LUCIE COUN-TY LAND DEVELOPMENT CODE TO AMEND SECTION 2.00.00 (DEFINITIONS) BY DELETING AND PROVID-ING NEW DEFINITIONS FOR FLOODPLAIN MANAGE-MENT TO AMEND 6.05.00 FLOOD DAMAGE PREVEN-TION TO REPEAL CURRENT SECTIONS 6.05.01 TO SEC-TION 6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOOD-PLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOP-MENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICTING PROVI-SIONS, SEVERABILITY AND APPLICABILITY; PROVID-ING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Coun-ty Risk Manager at least for-ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428.
LOCAL PLANNING AGENCY/ PLANNING AND ZONING COM-MISSIONST. LUCIE COUNTY,FLORIDA/S/ WILLIAM O’DELL,CHAIRMANDecember 7, 2017TCN 1847767
BEFORE THE LOCAL PLAN-NING AGENCY ST. LUCIE COUNTY, FLORIDANOTICE OF INTENTNOTICE IS HEREBY GIVEN that the Local Planning Agency of St. Lucie County, Florida, will consider proposed County Ordinance No. 18-XXX which would amend the St. Lucie County Land Development Code to amend section 2.00.00 (Definitions) by deleting and providing new definitions for Floodplain Management to amend 6.05.00 flood damage prevention to repeal current sections 6.05.01 to section 6.05.07; to adopt a new 6.05.00 floodplain management; to adopt flood hazard maps, to designate a floodplain admin-istrator, to adopt procedures and criteria for development in flood hazard areas. A public hearing will be held before the St. Lucie County Local Plan-ning Agency/Planning and Zoning Commission on Thurs-day, the 21st day of December, 2017, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie Coun-ty Commission Chambers at the St. Lucie County Adminis-tration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon.All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be con-sidered. Written comments to the Planning and Zoning Com-mission should be received by the Planning and Development Services Department - Plan-ning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Depart-ment – Planning Offices locat-ed at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addi-tional information about this petition.The St. Lucie County Plan-ning and Zoning Commission/ Local Planning Agency has the power to review and recom-mend to the St. Lucie County Board of County Commission-ers, for approval or disapprov-al, any applications within their area of responsibility. If it becomes necessary, a public hearing may be continued to a date certain.The proceedings of the Local Planning Agency/Planning and Zoning Commission are electronically recorded. PUR-SUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Local Planning Agency/Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the pro-ceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which theappeal is to be based. Upon the request of any party to the proceeding, individuals testi-fying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-ex-amine any individual testi-fying during a hearing upon request. If it becomes neces-sary, a public hearing may be continued to a date certain.
The title of this Ordinance is:
ORDINANCEAN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS AMEND-ING THE ST. LUCIE COUN-TY LAND DEVELOPMENT CODE TO AMEND SECTION 2.00.00 (DEFINITIONS) BY DELETING AND PROVID-ING NEW DEFINITIONS FOR FLOODPLAIN MANAGE-MENT TO AMEND 6.05.00 FLOOD DAMAGE PREVEN-TION TO REPEAL CURRENT SECTIONS 6.05.01 TO SEC-TION 6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOOD-PLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOP-MENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR CONFLICTING PROVI-SIONS, SEVERABILITY AND APPLICABILITY; PROVID-ING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Coun-ty Risk Manager at least for-ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428.
LOCAL PLANNING AGENCY/ PLANNING AND ZONING COM-MISSIONST. LUCIE COUNTY,FLORIDA/S/ WILLIAM O’DELL,CHAIRMANDecember 7, 2017TCN 1847767
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DEM FAQs for FPM Ordinances and FBC (04/03/2017) 1
FREQUENTLY ASKED QUESTIONS
ABOUT THE FLOODPLAIN MANAGEMENT MODEL ORDINANCE
AND FLORIDA BUILDING CODE AMENDMENTS
Please remember to send your tailored ordinance showing all edits in <track changes>
mode to allow us to more quickly review and return your document. Please allow plenty
of time for at least two reviews (longer if you make many changes). At a minimum
provide the first draft at least 6 weeks before your first reading. At any given time we
have many draft ordinances under review and cannot guarantee fast turn-around.
For additional assistance and to have your draft ordinance reviewed, email Technical
Support at flood.ordinance@em.myflorida.com (please put your community’s name
in the subject line).
Many common questions are answered in the FAQs that follow and the notes and
instructions that accompany the model ordinance and code amendment packages. One
model ordinance is for coastal communities (with both Zone A and Zone V) and one
model ordinance is for communities that have only Zone A. Please see all of the
resources at http://www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm.
Frequently Asked Questions
1. Are we required to do anything at all? .................................................................................... 2
2. Are we required to use the DEM floodplain management model ordinance? .................. 2
3. Has FEMA approved the floodplain management model ordinance? ............................... 3
4. If we use the FBC-coordinated ordinance, will we have to modify our floodplain
management ordinance every time the FBC is updated? ............................................................ 3
5. Will DEM review our existing local floodplain management regulations to determine if it
has everything we need? .................................................................................................................. 3
6. What are the top six tips that will help us work with the model ordinance? ...................... 3
7. What are the seven most common errors made when customizing the model
ordinance? ........................................................................................................................................... 4
8. Many communities, especially those that are in the NFIP’s Community Rating System,
have previously adopted some “higher standards” that exceed the NFIP minimum
requirements. Is assistance available to help us keep our higher standards? ........................ 5
9. Does the Building Official have to be designated the Floodplain Administrator? ............. 5
10. Can we delete provisions in the ordinance that apply only to specific flood hazard
areas not shown on our maps? ........................................................................................................ 5
11. Why is it necessary in Sec. 104.3 of the model ordinance to have the numbered list
of the buildings, structures and facilities that are exempt from the Florida Building Code? ... 6
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12. What about agricultural structures (nonresidential farm buildings on farms) that are
exempt from the FBC? ...................................................................................................................... 6
13. What about State and Federal construction projects? How are local communities
expected to regulate these activities? ............................................................................................. 6
14. How do we explain this code-coordinated ordinance to the public and local elected
officials? ............................................................................................................................................... 6
15. Some communities, especially smaller towns, have arrangements with other
jurisdictions (or private companies) to perform some or all of their building permit and
floodplain management responsibilities. Will those arrangements be affected? ...................... 7
16. What are “local technical code amendments”? ................................................................. 7
17. Can we adopt the building code amendments in a separate ordinance? ...................... 7
18. Why do we need to include a fiscal impact statement at the end if FBC technical
amendments are included? .............................................................................................................. 7
19. If our draft ordinance has already been reviewed, should we send it back if we’ve
made additional edits? ....................................................................................................................... 8
20. What do we do after we adopt the floodplain management ordinance (and FBC
technical amendments, if applicable)? ............................................................................................ 8
21. Previous versions of the Model Ordinance included some local administrative
amendments to the Florida Building Code. Why were they removed? ..................................... 8
1. Are we required to do anything at all?
Yes. By law, the Florida Building Code (FBC) contains all laws and rules that pertain to and
govern the design and construction of buildings (see section 553.73 (1)(a), F.S.). This means
the flood provisions of the FBC that govern the flood-resistant design of buildings in mapped
flood zones (special flood hazard areas) supersede local regulations that are not consistent with
the FBC. Most of the differences between the flood provisions of the FBC and local regulations
are relatively minor for most buildings. However, that does not alter the fact that the code
governs the design of buildings.
Coordinating floodplain management regulations with the building code (making them “work
together”) should be done as quickly as possible, otherwise inconsistencies and possible
conflicts could occur. The model ordinance is specifically designed to repeal and replace
existing regulations, to satisfy the NFIP, to coordinate with the FBC, and to meet the
requirements of section 553.73 (5), F.S.
2. Are we required to use the DEM floodplain management model ordinance?
No, but the model ordinance is carefully crafted to meet NFIP requirements and to explicitly
coordinate with the FBC. While the model that DEM prepared is not the only way a community
could achieve NFIP compliance and coordinate with the FBC, technical support provided by
DEM will be allocated on a priority basis for the communities that choose to use the model.
DEM is not preparing guidance to modify local FPM regulations that were based on a model
used by most Florida communities several years ago. Taking this approach is a time- and
labor-intensive effort. Since DEM began this initiative, fewer than 10 communities out of nearly
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380 elected to modify their existing regulations, but some of them are now transitioning to the
FBC-coordinated ordinance (as of mid-March 2017).
3. Has FEMA approved the floodplain management model ordinance?
Yes. The January 15, 2013 model ordinances were approved by FEMA on January 17, 2013.
The NFIP Checklist that documents consistency is also available at the above webpage.
FEMA’s approval is important: it means communities that use the model as the basis for their
local floodplain management regulations will have rules that are both consistent with the NFIP
and also coordinated with the FBC.
4. If we use the FBC-coordinated ordinance, will we have to modify our floodplain
management ordinance every time the FBC is updated?
No. However, as with every new edition of the FBC, local officials should pay attention to
changes in flood provisions. For example, the 6th Edition FBC, scheduled to be effective at the
end of 2017, has a number of changes in the flood provisions of the FBC, Residential and FBC,
Building (by reference to the 2014 edition of ASCE 24). The more significant changes are
freeboard in the FBC, Residential in all flood zones, Coastal A Zone is treated like Zone V (if
LiMWA delineated or otherwise designated by a community), flood openings in breakaway
walls, and critical facilities (Flood Design Class 4/Risk Category IV) elevated or protected to
BFE + 2 feet or 500-year flood elevation, whichever is higher. In August 2017, DEM will post
the excerpts of the 6th Edition FBC at the above webpage, along with a list of changes.
5. Will DEM review our existing local floodplain management regulations to determine if
it has everything we need?
No, DEM does not review existing ordinances for compliance. However, we will use existing
ordinances to identify higher standards and to help customize the model ordinance. Do not
send your existing regulations to Technical Support.
The model ordinance is coordinated with the FBC and is improved in several respects over the
model used by most Florida communities several years ago. Notably, it incorporates floodplain
management provisions that are clearer and more detailed, including administrative provisions
and requirements for development other than buildings. These provisions are based largely on
various FEMA guidance documents which makes it easier for both communities and applicants
to apply NFIP-consistent requirements.
6. What are the top six tips that will help us work with the model ordinance?
Tip #1. After selecting the correct version of the model ordinance, please download and read
the “Instructions and Notes” that go with that version. Many common questions are answered in
the “Instructions and Notes.”
Tip #2. Please use <track changes> to prepare your Word file and send it to
Flood.Ordinance@em.myflorida.com for review (please put your community name in the subject
line). This will make our review easier and faster. Email Technical Support if you’d like help
using <track changes>.
Tip #3. There are many provisions and definitions that cannot be changed but some that may
be changed. Remember the model ordinance package was carefully prepared to satisfy all
requirements and was approved by FEMA and reviewed by the Building Officials Association of
Florida. This makes it very important that you use <track changes> to show all of your
proposed changes. We’ll notify you if there is a compliance concern with your changes.
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Tip #4. In Section 102.3 of the model ordinance, be sure to insert the name and date of the
current effective Flood Insurance Study (not the date and title of the FIRMs). Email Technical
Support if you need help.
Tip #5. Several sections contain cross references to other sections. Do not modify to make the
cross references generic; vague cross references render an ordinance unenforceable. We have
developed a tool (available upon request) that you can use to help with renumbering the model
and the internal cross references to match. Please plan to renumber before we do the final
technical review, at which time we’ll proof the cross references. Do not plan to have it
renumbered when codified: we have seen cross references completely ignored or rendered
incorrect when ordinances are codified in Municode (www.municode.com).
Tip #6. Send your draft ordinance to Technical Support well BEFORE your first reading and we
will review it as quickly as possible. Depending on our backlog, we normally return drafts within
one to two weeks.
7. What are the seven most common errors made when customizing the model
ordinance?
The most common errors likely are made because communities, attorneys, and consultants are
not reading the Instructions and Notes. The model ordinance was carefully prepared and has
been approved by FEMA. It, along with the FBC, has everything necessary to meet the
requirements of the NFIP.
Error #1. Adding language from existing regulations to incorporate requirements for buildings –
obviating the objective to use the flood provisions already provided in the FBC. Do not copy text
from your existing regulations into the model ordinance. To see excerpts of the flood provisions
of the FBC, download the summary from the DEM web site, Building Code Resources.
Error #2. Deleting whereas statements or sections of the ordinance (e.g., Warning, Disclaimer
of Liability, Severability). Certain legal elements are required under the NFIP, so even if the
ordinance is being adopted as an addendum or as part of a wholesale update to the Land
Development Regulations for example, we will have to see and approve the adopting language.
Error #3. Using another community’s ordinance as the starting point. Please start with the
FEMA-approved model ordinance and we will help you modify it to suit your community. The
exception to this is municipalities that have or will have an interlocal agreement with a county, in
which case there are benefits to having similar regulations. Please contact Technical Support
for assistance before you decide to use another community’s ordinance as your starting point.
Please note Florida law requires written interlocal agreements.
Error #4. Using incorrect dates in the definitions. Contact Technical Support for the date that is
in FEMA’s records as the date the community joined the NFIP (usually the same or nearly the
same date the community’s first floodplain management ordinance was adopted).
Error #5. Making changes AFTER review by Technical Support and not obtaining another
review. What may appear to you or your attorney to be minor changes can easily result in a
noncompliant ordinance that will require another visit to Council to correct.
Error #6. Ignoring Technical Support’s edits, comments, and questions. Please ask questions if
you don’t understand or agree with our edits and comments. Also, once a draft is started, don’t
start a new draft. Remember, our job is to help you produce an ordinance that meets DEM and
FEMA standards.
Error #7. Modifying definitions to try to capture higher standards. Instructions for some higher
standards have been prepared. Technical Support will help you incorporate higher standards.
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8. Many communities, especially those that are in the NFIP’s Community Rating System,
have previously adopted some “higher standards” that exceed the NFIP minimum
requirements. Is assistance available to help us keep our higher standards?
Yes. However, every community that has “higher standards” that exceed the NFIP minimum
requirements needs to identify which of those higher standards they wish to retain. CRS
communities should pay particular attention to any higher standard that receives credit and
decide whether to retain those requirements. Retention of some higher standards can be
accomplished by modifying the model ordinance, and some will also require formatting as a
local administrative and/or local technical code amendment to comply with Section 553.73(5),
F.S.
We have prepared General Instructions for Adding Higher Standards and instructions for a
number of the most common higher standards:
http://www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm. For other higher standards
or locally-specific provisions, we will review any new ordinance language you prepare or we can
help draft new language.
Section 553.73, F.S., was amended in 2010 explicitly to allow communities to retain higher
standards, including those adopted for the CRS. Higher standards that are adopted as local
technical amendments to the FBC and that satisfy specific conditions do not sunset every three
years, as do other local amendments to the FBC.
9. Does the Building Official have to be designated the Floodplain Administrator?
No. Communities should designate the position of a qualified staff member who is
knowledgeable about floodplain management to fulfill the broad range of responsibilities of the
Floodplain Administrator. It is common to designate a department head, planning manager,
building official, or a town manager, who then delegates functions. By law, the building official is
responsible for enforcing the building code. If designated as the Floodplain Administrator, the
building official functions under the authority of the FPM regulations.
Communities with interlocal agreements with other communities – and communities with private
providers of building code services – must designate a position from their communities with
ultimate authority to enforce the community’s floodplain management ordinance and to fulfill
commitments to the NFIP. See Question #15.
10. Can we delete provisions in the ordinance that apply only to specific flood hazard
areas not shown on our maps?
Yes, but it must be done very carefully. The first step is to ensure you’re considering the correct
version of the model ordinance based on the flood zones in your community. There are two
versions: one for communities with both A Zones and V Zones and another for communities
with only A Zones. Communities that are entirely coastal (without any riverine waterways) may
remove floodway and some other provisions and communities that have BFEs in all flood zones
may remove requirements for flood hazard areas without BFEs. Check with Technical Support
before deleting any sections or provisions for zones that do not appear on your FIRM. We will
need to verify your flood zones and ensure that certain sections are not applicable before
providing specific advice.
Another fairly common request is from communities that have no manufactured homes and do
not allow placement of new manufactured homes. When documentation (e.g., citation of LDC
section) is provided during review of the draft ordinance, the provisions for manufactured homes
can be deleted. The documentation is retained in DEM’s records in the event questions are
raised about the deletion.
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11. Why is it necessary in Sec. 104.3 of the model ordinance to have the numbered list of
the buildings, structures and facilities that are exempt from the Florida Building
Code?
Keeping the list shown in the model ordinance without any changes ensures those who use the
adopted regulations are informed of the complete list of buildings, structures, and facilities that
are subject to the floodplain management regulations, even though exempt from the FBC.
During its review, FEMA paid attention to the exemptions from the FBC.
One commitment made by every local jurisdiction that participates in the NFIP is to regulate all
development in mapped flood zones. A summary of responsibilities is posted on the web page
shown above. Having to regulate all development means communities must have another
mechanism to regulate – for flood – those buildings, structures and facilities that are, by Florida
Statute, exempt from the FBC. The model ordinance is written to accomplish this by requiring
those buildings, structures and facilities to comply with ASCE 24, Flood Resistant Design and
Construction (which is a referenced standard in the FBC). “Highlights of ASCE 24,” prepared by
FEMA, are available at the SFMO webpage:
http://www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm.
12. What about agricultural structures (nonresidential farm buildings on farms) that are
exempt from the FBC?
Nonresidential farm buildings on farms (agricultural structures) in mapped flood zones should
have always been regulated by communities. The model ordinance requires buildings exempt
from the FBC to comply with ASCE 24. Depending on the nature of the structures, they might
not need to be elevated. Contact Technical Support for additional guidance.
13. What about State and Federal construction projects? How are local communities
expected to regulate these activities?
State agencies must comply with the FBC. Sec. 553.79(17), Florida Statutes, provides that
“state agencies responsible for the construction, erection, alteration, modification, repair, or
demolition of public buildings, or the regulation of public and private buildings, structures, and
facilities, shall be subject to the enforcement of the Florida Building Code by local jurisdictions.”
Sec. 553.79(9) authorizes state agencies whose enabling legislation authorizes them to enforce
the FBC to “enter into an agreement with any other unit of government to delegate its
responsibility to enforce those provisions.”
The FBC specifically does not apply to “buildings and structures specifically regulated and
preempted by the federal government” (Section 102.2). Federal construction on Federal lands
is governed by federal requirements.
14. How do we explain this code-coordinated ordinance to the public and local elected
officials?
Instructions and Notes that go with the model ordinance include brief background notes. Also,
we prepared a short PowerPoint presentation for this purpose. It includes a brief explanation of
the need for older ordinances to be repealed and replaced and explains some of the unique
properties of the ordinance. You can download and customize it to meet your community’s
specific needs.
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DEM FAQs for FPM Ordinances and FBC (04/03/2017) 7
15. Some communities, especially smaller towns, have arrangements with other
jurisdictions (or private companies) to perform some or all of their building permit
and floodplain management responsibilities. Will those arrangements be affected?
No. Florida Statute Chapter 163, Intergovernmental Programs, authorizes local governments to
enter into written inter-local agreements to have one jurisdiction perform some functions for
another jurisdiction. We encourage communities with such arrangements to develop and adopt
agreements that specifically address floodplain management. A model inter-local agreement
designed to help communities adopt acceptable formal agreements and a handout that
summarizes community responsibilities under the NFIP are available on the State Floodplain
Management Office website listed below.
16. What are “local technical code amendments”?
Chapter 1 of the FBC, Building contains administrative provisions. The remainder of the FBC,
Building and all the other codes in the FBC family of codes contain the technical provisions that
set forth the requirements for the design and construction of buildings and structures. Section
553.73(4)(a), F.S., provides that local technical amendments must be more stringent than the
code and that “(b) Local governments may, subject to the limitations of this section, adopt
amendments to the technical provisions of the Florida Building Code which apply solely within
the jurisdiction of such government and which provide for more stringent requirements than
those specified in the Florida Building Code, not more than once every 6 months.” Please note
that there are several other requirements that must be met that are not copied here.
Also note section 553.73(5) that was added in 2010 to explicitly address higher standards for
flood. The requirements of section 553.73(4) do not apply in three specific circumstances, and
technical amendments may not be rendered void every three years when a new edition of the
FBC becomes effective. The three specific circumstances are:
1. “if the amendment is adopted for the purpose of participating in the Community Rating
System promulgated pursuant to 42 U.S.C. s. 4022;”
2. “if the amendment had already been adopted by local ordinance prior to July 1, 2010;”
and
3. “if the amendment requires a design flood elevation [i.e., freeboard] above the base
flood elevation.”
Even though section 553.73(4) does not apply to higher standards under those three
circumstances, the higher standards need to be formatted to be consistent with the FBC to be
most useable to the public. The General Instructions for Adding Higher Standards explain why
ordinances with local technical amendments must some certain whereas clauses and a fiscal
impact statement (see Question #18).
17. Can we adopt the building code amendments in a separate ordinance?
Yes. Some communities do this because local rules related to the building code are in a
different chapter, while floodplain management rules often are in land development codes. We
prepared a “mini-ordinance” for this purpose and it is available from Technical Support.
18. Why do we need to include a fiscal impact statement at the end if FBC technical
amendments are included?
Section 553.73, Florida Statutes, contains the requirements for local administrative and local
technical amendments to the Florida Building Code. According to section 553.73(4)(b), local
governments may, subject to certain limitations in that section, adopt amendments to the
technical provisions of the FBC. In 553.73 (4)(b)(9) is a requirement that adoption of local
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technical amendments is to include “a fiscal impact statement which documents the costs and
benefits of the proposed amendment. Criteria for the fiscal impact statement shall include the
impact to local government relative to enforcement, the impact to property and building owners,
as well as to industry, relative to the cost of compliance.”
19. If our draft ordinance has already been reviewed, should we send it back if we’ve
made additional edits?
Yes. Edits that you or your attorney think are minor can easily result in a noncompliant
ordinance that will require follow up action to correct, perhaps even action by Council.
Remember, the model was approved by FEMA which means care must be taken when making
any changes. While we have some degree of flexibility to tailor the ordinance, we must be
careful not to modify certain sections and phrasing that are important for NFIP compliance.
20. What do we do after we adopt the floodplain management ordinance (and FBC
technical amendments, if applicable)?
Send a copy of the fully executed ordinance to Technical Support:
flood.ordinance@em.myflorida.com. We will do a final review to complete the process.
If FEMA has established a deadline for ordinance revisions, DEM will submit your
adopted ordinance to FEMA for approval. If there is no FEMA deadline DEM will notify
you of approval.
If you adopted technical amendments, submit the adopted ordinance to the Florida
Building Commission (be sure to identify the pages on which the amendments are
located). Pursuant to 553.73(4)(a), F.S., local code amendments must be transmitted to
the Commission within 30 days after enactment. Mark the pages of the adopted
ordinance that show the FBC amendments and scan the first page, the marked pages,
and the signature page and send to mo.madani@dbpr.state.fl.us
21. Previous versions of the Model Ordinance included some local administrative
amendments to the Florida Building Code. Why were they removed?
Chapter 1 of the 5th Edition of the FBC now includes the necessary administrative amendments.
In addition, the Model Administrative Code prepared by BOAF as a companion to the 5th Edition
FBC includes the necessary amendments. This removes the need for communities to
individually adopt the FEMA-required administrative amendments. Communities that already
adopted those amendments do not need to take any action – their local administrative
amendments are superseded by the equivalent provisions in the FBC.
Links:
State Floodplain Management Office
www.floridadisaster.org/Mitigation/SFMP/Index.htm
DEM Local Ordinance & Building Code Resources:
www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm
FEMA Building Science webpage (click on “Building Code Resources”)
http://www.fema.gov/rebuild/buildingscience/index.shtm
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 1
INSTRUCTIONS AND NOTES – FINAL (April 3, 2017)
Model Code-Companion Floodplain Management Ordinance For Communities
with Inland (Zone A) and Coastal High Hazard Areas (Zone V)
Beginning with the 2010 edition the Florida Building Code (FBC) includes the flood
provisions from the model International Code Series that forms the basis of the FBC. For
background and more information on this transition, refer to the Frequently Asked Questions
prepared by the Florida DEM State Floodplain Office:
http://www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm. Excerpts of the flood
provisions of the FBC can be downloaded from the same webpage.
Changes to local floodplain management regulations are necessary to properly
coordinate with the FBC. A model ordinance that is coordinated with the FBC and satisfies the
requirements of the National Flood Insurance Program (NFIP) was developed. It is designed
to repeal and replace existing floodplain management regulations. A crosswalk that
demonstrates the model ordinance is consistent with the NFIP is posted at the link shown
above. Also at that link is a summary of duties and responsibilities that communities agree to
when they decide to participate in the NFIP.
By State law, only the FBC governs the design and construction of buildings. This
makes it necessary for communities to expeditiously consider and take action to adopt the
model ordinance. As of early 2017, more than 380 of Florida’s 468 NFIP communities have
used the model ordinance or are in the process of adopting it, and the rest are expected to do
so in the coming year. Alternatively, a very small number of communities have elected to
revise their existing regulations to remove flood provisions for buildings and structures and
correct any inconsistencies with the NFIP. Note: this approach involves a lot of time and
attention to detail and, in the end, the result effectively mirrors the model ordinance.
TECHNICAL SUPPORT AND ORDINANCE REVIEW:
flood.ordinance@em.myflorida.com
Please include your community’s name in the subject line.
Please allow plenty of time for at least two reviews (longer if you make many
changes). At a minimum, provide the first draft at least 6 weeks before you need to
submit it for first reading. At any given time we may have many draft ordinances
under review and cannot guarantee getting back to you in just a few days.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 2
This document contains instructions and explanatory notes for the model floodplain
management ordinance. The notes are keyed to the sections of the model ordinance. These
notes are not intended to explain every provision, but to highlight those that clarify and those
that are new to floodplain management (FPM) regulations. Note: as of the effective date of the
5th Edition FBC the local administrative code amendments previously required by FEMA are no
longer required because the Florida Building Commission incorporated them into the 5th
Edition.
The following are important aspects of the model FPM ordinance:
1. The FPM model is written in regulatory language, eliminating permissive and
unenforceable language that appears in many local regulations.
2. The FPM model is coordinated with the FBC. The FBC contains requirements for
buildings and structures; the FPM model contains other requirements necessary for
consistency with the NFIP. In order to fulfill community commitments to the NFIP, the
FPM model requires buildings and structures that are exempt from the FBC and
development other than buildings to comply with requirements of the ordinance if
located in flood hazard areas.
3. As written, the Building Official and the Floodplain Administrator are responsible for
different aspects required to fulfill a community’s commitment and responsibilities to the
NFIP. In many Florida communities both functions are fulfilled by the same office or
person. However, when enforcing the FBC, that person is acting as the Building
Official, and when enforcing the floodplain management ordinance, that person is acting
as the Floodplain Administrator. The fact that two titles are used should not be cause
for confusion (i.e., one person can wear two hats).
4. The FPM model identifies the duties of the Floodplain Administrator. The duties of the
Building Official are specified in the FBC. Section 553.73(5), F.S. (shown below),
allows assignment of “the duty to enforce all or portions of flood-related code provisions
to the appropriate agencies of the local government.” The FPM model is designed so
that the Floodplain Administrator handles virtually all duties that are not the
responsibility of the Building Official.
5. The FPM model includes specific requirements for development other than buildings
that may appear to be “new,” but that are based on the overall performance expectation
of the NFIP for any development, including activities other than buildings. The specific
requirements come from ASCE 24 and FEMA guidance (ASCE 24 is a standard
referenced by the FBC). The specificity is intended to help both the local official and the
applicant understand what constitutes flood damage resistance for such activities.
6. The basic FPM model does not include the common “higher standards” that many
Florida communities have adopted. However, instructions and sample language to
adopt many of the more common higher standards have been prepared and are
available at the DEM web site referenced above. Assistance will be provided to any
community that elects to adopt other higher standards or otherwise modify the model.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 3
Inter-Local Agreements: Many Florida communities have an inter-local agreement or
arrangement under which one community (typically a county) agrees to enforce FPM
requirements within another community’s jurisdiction. Pursuant to section 163.01, F.S., this
agreement should be in writing. DEM encourages both communities to get together to review
the model ordinance. If the two communities have different requirements complications can
arise. An efficient way to avoid having different requirements is for both communities to adopt
ordinances that are exactly the same and make the same code amendments for higher
standards, if any. DEM has developed a model inter-local agreement for floodplain
management which can be modified easily to include enforcement of the building code.
Download the model agreement at the webpage noted above and contact DEM at
floods@em.myflorida.com.
Instructions and General Notes:
Please read the complete model ordinance and follow along with the notes below that are
keyed to the same sections. You will find it useful to download the flood excerpts from the
FBC. We encourage the Floodplain Manager and the Building Official to get together to do this
review.
The provisions of the model ordinance are organized as follows:
SECTION 1 is “recitals” to incorporate the Whereas clauses by reference.
SECTION 2 contains the complete FPM regulations that are coordinated with the FBC.
The regulations are organized to match the organization of the code, with administrative
provisions in Article 1, definitions in Article 2, and technical provisions in Article 3.
Step One. The first step is to determine which flood zones are identified on your
community’s Flood Insurance Rate Maps. If your FIRM has zones that start with the letter “A”
and zones that start with the letter “V,” these notes and the model ordinance that are identified
“Zones_A-V” are the correct documents. Please check your FIRMs first, and contact Technical
553.73, Florida Statutes
(5) Notwithstanding subsection (4), counties and municipalities may adopt by ordinance an
administrative or technical amendment to the Florida Building Code relating to flood resistance in
order to implement the National Flood Insurance Program or incentives. Specifically, an
administrative amendment may assign the duty to enforce all or portions of flood-related code
provisions to the appropriate agencies of the local government and adopt procedures for variances
and exceptions from flood-related code provisions other than provisions for structures seaward of
the coastal construction control line consistent with the requirements in 44 C.F.R. s. 60.6. A
technical amendment is authorized to the extent it is more stringent than the code. A technical
amendment is not subject to the requirements of subsection (4) and may not be rendered void
when the code is updated if the amendment is adopted for the purpose of participating in the
Community Rating System promulgated pursuant to 42 U.S.C. s. 4022, the amendment had already
been adopted by local ordinance prior to July 1, 2010, or the amendment requires a design flood
elevation above the base flood elevation. Any amendment adopted pursuant to this subsection shall
be transmitted to the commission within 30 days after being adopted.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 4
Support if you need help making this determination (email listed above).
Step Two. Begin to complete the community-specific information to be inserted where noted
in {bracketed bold blue}:
1. {name of community} is the legal name of the county, city, village, or town
2. {community’s governing body} is the city commission, board of county
commissioners, town council, etc.
3. {title of FIS} title of the current, effective Flood Insurance Study that includes the
community (check the actual title; do not simply insert the community name)
4. {date of FIS} date of current, effective FIS
5. {insert name} of applicable Water Management District
6. {body designated to hear variances} see note for Sec. 107.1.
7. {date the community’s first floodplain management ordinance was adopted} and
{date of regular program entry}. Note that these may or may not be the same date.
You could research to determine the date the first ordinance was adopted or simply use
the date of entry into the NFIP’s regular program that will be provided by Technical
Support.
Step Three. Carefully consider any modifications you may wish to make to the model
ordinance. Remember that most provisions in the model are written to satisfy NFIP
requirements, which means DEM must be very careful to ensure changes are acceptable.
Please contact Technical Support if you have questions or would like a preliminary review of
changes you’re considering. We recommend NOT re-numbering the sections of your draft to
match your local code until after all the text changes are reviewed and approved.
Step Four. Have Technical Support review your tailored ordinance in <track changes>
mode before you get too far along in your adoption process. This is especially important if you
propose to modify, delete, or add any provisions. If additional changes – no matter how minor
– are made after Technical Support’s review, please send it for another review (this is
especially important if changes are made or sections renumbered after legal review). Final
review and approval by DEM and FEMA will be much easier if Technical Support has reviewed
and approved ALL changes. Technical Support will also double check your re-numbering and
ensure all of the cross references are change correctly.
Step Five. Upon adoption and execution, send Technical Support a digital copy of the
adopted ordinance, with all signatures. At that time, DEM will do a final review to complete the
process and send an approval letter. If FEMA has established a deadline for ordinance
revisions, DEM will submit your adopted ordinance to FEMA for approval (you’ll be copied).
Step Six. Upon adoption and execution, submit local technical code amendments, if any, to
the Florida Building Commission. Pursuant to 553.73(4)(a), F.S., local code amendments
must be transmitted to the Commission within 30 days after enactment. Mark the pages of the
adopted ordinance that show the FBC amendments and scan the first page, the marked pages
showing FBC amendments, and the signature page and send to the Commission:
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 5
mo.madani@dbpr.state.fl.us. Be sure to identify the pages on which the code amendments
appear. See sec. 553.73(4), F.S.
Sample Forms:
DEM developed some sample forms your community should consider using. A good time to
consider adding to your administrative procedures is when you start the process to adopt
regulations based on the Model Ordinance. The forms are available on the webpage listed
above.
1. SI/SD Sample Notice for Property Owners, Contractors, and Design Professionals (from
FEMA P-758). FEMA’s sample is based on the NFIP minimum requirements (i.e., it
does not show cumulative SI/SD). Florida communities that use a similar packet should
ensure their materials are consistent with this sample. There is no need to reference
this packet in local regulations. The DEM encourages the use of this packet to facilitate
administration of the SI/SD requirements.
2. Zone V Design Certificate. The NFIP and FBC both require that a registered
professional engineer or architect develop or review the structural design, specifications
and plans for buildings in Zone V to certify that the design and methods of construction
to be used are in accordance with accepted standards of practice for meeting the
requirements. DEM encourages use of this form, which also makes it easier to retain
the documentation in the community’s permanent records.
3. Agreement to Submit Elevation Certificate. The applicant signs this form to agree to
have an Elevation Certificate prepared and submitted twice, which is consistent with the
FBC. Note: The model ordinance is not written to require use of this agreement;
modification to the ordinance would be required to make it mandatory. Contact
Technical Support for assistance.
4. Declaration of Land Restriction (Nonconversion Agreement). The applicant signs this
form to acknowledge the use limitations for accessory structures and enclosures below
elevated buildings and to agree to not block/modify/cover flood openings; to not alter
breakaway walls; to not convert the enclosures without a permit; to acknowledge that
any alteration constitutes a violation; and to agree to record the declaration on the deed.
Note: The model ordinance is not written to require use of this declaration/agreement;
modification to the ordinance would be required to make it mandatory. Contact
Technical Support for assistance.
Elevation Certificate. Communities that are in the NFIP Community Rating System are
required to use the NFIP Elevation Certificate. The FBC does not specify use of the NFIP
Elevation Certificate, which means documentation of as-built lowest floor elevations may be
submitted in a different format. However, use of the Elevation Certificate is recommended.
Not only does it provide information in addition to the surveyed elevation, but owners are
required to use the NFIP Elevation Certificate to obtain NFIP flood insurance policies.
Therefore, it is most cost effective for the owner to have the builder use the Elevation
Certificate to satisfy the FBC requirement. The current effective Elevation Certificate is online
at http://www.fema.gov/library/viewRecord.do?id=1383 and the NFIP Floodproofing Certificate
is online at http://www.fema.gov/library/viewRecord.do?id=1600.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 6
Resources:
DEM offers guidance on the following (under <Other Guidance>)
http://www.floridadisaster.org/Mitigation/SFMP/Index.htm
Additions to Buildings
Outdoor Kitchens / Pool Equipment
Anchoring Fuel Tanks
Substantial Improvement / Substantial Damage Desk Reference (FEMA P-758), available
online http://www.fema.gov/library/viewRecord.do?id=4160
FEMA Technical Bulletins are guidance to help in interpreting, complying, and enforcing the
NFIP requirements; available online http://www.fema.gov/national-flood-insurance-program-
2/nfip-technical-bulletins:
Openings in Foundation Walls and Walls of Enclosures (2008)
Flood Damage-Resistant Materials Requirements (2008)
Non-Residential Floodproofing -- Requirements and Certification (1993)
Elevator Installation (2010)
Free-of-Obstruction Requirements (2008)
Below-Grade Parking Requirements (1993)
Wet Floodproofing Requirements (1993)
Corrosion Protection for Metal Connectors in Coastal Areas (1996)
Design and Construction Guidance for Breakaway Walls Below Elevated Coastal
Buildings (2008)
Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas are
Reasonably Safe From Flooding (2001)
Crawlspace Construction for Buildings Located in Special Flood Hazard Areas
(Interim guidance, 2001)
Explanatory Notes for Model Floodplain Management Ordinance
FPM ORDINANCE SECTION GUIDANCE NOTES
Whereas clauses Do not remove.
Section 101 Administration, General
101.1 Title
101.2 Scope. The definition of “development” is very broad. Communities that
participate in the NFIP agree to regulate all development. Enforcing the
FBC and the model ordinance fulfills the requirements.
Note that the scope of this ordinance includes buildings and structures that
are exempt from the FBC. Exemption from the building code, even by
state law, is not accepted by the NFIP as justification for not regulating
such buildings for the purpose of compliance with floodplain management
requirements. What it does mean is that a mechanism other than a
building permit must be in place. This ordinance establishes that
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 7
FPM ORDINANCE SECTION GUIDANCE NOTES
mechanism by requiring compliance with ASCE 24 and by issuance of a
floodplain development permit or approval.
101.3 Intent
101.4 Coordination with the
FBC
This is an explicit acknowledgement that the ordinance and the FBC are
intended to be enforced together.
101.5 Warning A statement to this effect has always been part of local floodplain
management regulations. The second part of the paragraph contains a
warning that if flood maps and flood data change, the community will be
required to adopt that revised flood data, which would then have to be
enforced in the future.
101.6 Disclaimer of Liability A statement to this effect has always been part of local floodplain
management regulations.
Section 102 Applicability
102.1 General. If a community elects to enforce a “more restrictive” provision that affects
the design and construction of buildings within the scope of the FBC, that
provision must be adopted as a local code amendment. Communities
should review section 553.73(5), F.S., to determine whether any such code
amendments are not subject to section 553.73(4) – in which case they may
not be rendered void when the code is updated (i.e., will not “sunset”).
Local technical code amendments that qualify are those adopted for the
purpose of participating in the CRS, those that were already adopted prior
to July 1, 2010, and those that require additional height above the BFE.
102.2 Areas to which this
ordinance applies
102.3 Basis for establishing
flood hazard areas. Insert the title and date of the FIS. When a “countywide” map is
available, the FIS and FIRMs include the unincorporated areas of the
county and incorporated areas (e.g., “____County, Florida and
Incorporated Areas”). For municipalities, referencing the countywide
FIS and FIRMs means a reference to the FIRM panels (or portions of
FIRM panels) that show the area within the boundaries of their
municipalities.
Communities may adopt a flood hazard map other than the FIRM
provided that map shows flood hazard areas that are larger than the
SFHA. Any community that uses another map must modify this
section, even if the other flood hazard map is for only a portion of the
community (e.g., for only one watershed or a part of a waterway).
Communities that annex area outside the municipal boundaries shown
on the current FIRM must notify FEMA (see model ordinance Section
103.8(5)). Annexation may prompt a requirement to adopt a FIRM
for the annexed area, if that area is not already shown on a panel
adopted by the community.
Most Florida communities have an FIS; those that do not should contact
DEM for guidance to modify this section.
102.4 Submission of additional
data to establish flood hazard
areas.
This provision recognizes that topography developed by a licensed
professional surveyor for site plans or available from community GIS
layers, for example, may be at a finer scale (and thus more accurate) than
the base maps used by FEMA to draw the boundary of special flood
hazard areas. The best available data should be used, including the best
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 8
FPM ORDINANCE SECTION GUIDANCE NOTES
available topographic data, and where there are discrepancies, the SFHA
delineation on the best topography should be used.
Especially with older FIRMs that were developed using topographic maps
with a large contour interval, land that is lower than the BFE may not be
shown as in the SFHA. This provision requires use of the best available
information (in this case better topography) to delineate the SFHA
boundary. There may be some liability if communities know, based on
site plans prepared using better data, that areas not delineated on the
FIRM but subject to flooding are not regulated.
Note also that some land that is higher than the BFE may be shown on the
FIRM as in the SFHA (within the shaded dark grey area). Communities
are required to regulate the SFHA shown on the FIRMs until and unless
FEMA issues an amendment or revision to the map (see the definition of
“Letter of Map Change”).
102.5 Other laws.
102.6 Abrogation and greater
restrictions.
102.7 Interpretation.
Section 103 Duties and Powers of the Floodplain Administrator
103.1 Designation. Communities are required to designate one official by position title to
enforce the adopted FPM regulations as part of meeting the requirements
to participate in the NFIP (designation of multiple staff positions and
designation of a department are not permitted). The Floodplain
Administrator may be the building official or another position. Sec.
553.73(5), F.S., authorizes designation of local agency other than the
building official to be responsible for the enforcement of part or all of the
flood provisions of the FBC. Delegation of authority is standard,
especially in departments where staff perform functions under the
authority of the designated department manager. This authority also
allows reviews by other departments where those departments already
review or approve certain activities. For example, grading plans may be
approved by a public works department; subdivision requests typically are
approved by the planning department. Regardless of which department or
person performs the work, the Floodplain Administrator has overall
responsibility.
103.2 General.
103.3 Applications and
permits.
This section recognizes that communities may have more than one office
or department involved in the review of applications for development in
flood hazard areas. The responsibilities listed appear in most existing
local regulations.
103.4Substantial improvement
and substantial damage
determinations.
These responsibilities are not new, although most existing local
regulations do not include this level of detail.
#1, see the definition of “market value.” Note that this item allows the
community to use adjusted assessed value or to require submission of an
appraisal. If an applicant disputes use of adjusted appraised value, this
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 9
FPM ORDINANCE SECTION GUIDANCE NOTES
language then requires the submittal of an appraisal. Communities that
want to always require appraisals may modify this language to remove
reference to other methods.
#4, an important responsibility is to notify the applicant/owner if the work
is determined to be SI or SD. Note that this language changes if the
community elects to enforce cumulative SI/SD (see Higher Standards).
See packet of forms on the DEM website for an up-to-date version of an
SI/SD handout used by many Florida communities (based on FEMA’s
review of several the packets used by Florida communities, those packets
are not consistent with the requirements).
See DEM Other Guidance: Guidance for Additions to Buildings
103.5 Modifications of the strict
application of the requirements
of the Florida Building Code.
This section is added because the BOAF Model Administrative Chapter
contains a provision that allows the building official to grant such
modifications. Depending on the version of BOAF’s Model
Administrative Chapter used, this provision may not be necessary (check
with Technical Support if you’re unsure).
Communities that do not use the BOAF Model Administrative Chapter do
not need this amendment.
103.6 Notices and orders
103.7 Inspections. This section has more detail than previous model ordinances. However,
the commitment to regulate development in flood hazard areas has an
implied commitment to inspect all development, including unpermitted
development.
The FBC, Building (Sec. 110.3) does not explicitly require a separate
“floodplain” inspection, but does require submission of elevation
certification two times: (1) upon placement of the lowest floor (and prior
to further vertical construction); and (2) as part of the final inspections.
103.8 Other duties of the
Floodplain Administrator.
#1 follows the FEMA recommendation to establish procedures for SI/SD
to provide uniformity, especially to identify the primary method to
establish market value (see FEMA P-758). Communities that could
experience widespread flood damage are encouraged to review the Desk
Reference and decide in advance how various aspects of dealing with the
aftermath will be handled, such as estimating costs and market values.
#2 satisfies the NFIP requirements for notifications, but does not obviate
the need to obtain any other Federal or State permits that may be required
for applications to alter watercourses.
#3 applies when the applicant elects to have engineering done to show
different boundaries or BFEs, in which case the community can only use
the new data if it is approved by FEMA. This is not equivalent to Sec.
102.3.1 which applies in SFHAs without BFEs, in which case the
additional data are submitted for unnumbered zones to determine the BFE
of the existing SFHA, not to redelineate the SFHA or to refute the BFE.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 10
FPM ORDINANCE SECTION GUIDANCE NOTES
#4 requires the Floodplain Administrator to determine if design
certifications and documentation of elevations are complete (e.g., that
appropriate fields of the NFIP Elevation Certificate are completed by the
surveyor).
#6 this item is not required by the NFIP; however, it is important because
owners may not realize that NFIP flood insurance is not available on new
buildings and SI/SD buildings located in CBRS areas.
103.9 Floodplain management
records
Communities make a commitment to the NFIP to retain certain documents
in permanent records and to make those records available for public
inspection. This commitment overrides any other provision of law that
allows disposal of public records after a certain period of time. Also see
the Department of State’s “General Records Schedule” which specifically
identifies retention of documents related to permits and design, with
specific provision for NFIP records (#355):
http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm.
Section 104 Permits
104.1 Permits required
104.2 Floodplain development
permits or approvals.
Floodplain development permits or approvals are required for development
other than buildings that are within the scope of the FBC. Buildings that are
exempt from the FBC are subject to FPM regulations (see comment for Sec.
101.2). Rather than issue a separate floodplain development permit,
applications for other permits/approvals may be reviewed and approved for
compliance. This section also permits communities to decide whether to
issue both a building permit and a separate floodplain development
permit/approval for the same activity.
104.3 Buildings, structures and
facilities exempt from the
Florida Building Code.
See comment for Sec. 101.2. To fulfill the requirements for participation
in the NFIP and the commitment to regulate all development, this section
recaptures buildings and structures that are exempt from the FBC. Per
FEMA, this section cannot be modified or shortened as it is taken from the
FBC. In particular, “nonresidential farm buildings on farms” (agricultural
structures) may not be removed. See requirements in Sec. 307.1 that apply
to such structures. Contact Technical Support for additional guidance.
Regulation of buildings exempt from the FBC is accomplished by
requiring such buildings to be designed and constructed in accordance
with ASCE 24 (see model ordinance Sec. 301.1). Floodplain
Administrators may seek advice from the Building Official because
compliance with ASCE 24 is equivalent to compliance with the flood
provisions of the FBC (seeking consultation is not equivalent to asking the
Building Official to issue a permit). The reference to “any further
exemptions provided by law” comes from the FBC and is included here to
capture any future exemptions which may be passed by the legislature.
#9 refers to the exemption added by SB 704 in 2012; a building that is
used for hunting that is located in “the 100-year floodplain defined by
FEMA” is not exempt from the FBC, and thus has to comply with the
flood provisions of the FBC.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 11
FPM ORDINANCE SECTION GUIDANCE NOTES
104.4 Application for a permit
or approval.
104.5 Validity of permit or
approval.
104.6 Expiration.
104.7 Suspension or
revocation
104.8 Other permits required HB 503 (2012) imposes certain limitations on counties and municipalities
regarding issuance of local permits. It allows addition of a condition that
is captured by this provision. This section is required by NFIP regulations
(44 CFR 60.3(a)(2)). Also see FBC, Building Section 105.3.3 which
requires a specific statement regarding additional restrictions and
additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
#1, insert the name of the applicable water management district.
Section 105 Site Plans and Construction Document
105.1 Information for
development in flood hazard
areas.
As stated in the text below the list in Sec. 105.1, the requirement to have
plans drawn to scale may be waived provided the submitted plans and
drawings provide sufficient information for evaluation of the proposed
project. Greater precision is appropriate if the flood hazard area does not
cover an entire lot, if a portion of the lot is in a floodway, or if a parcel is
affected by more than one BFE or more than one flood zone.
# 6 is intended to minimize the placement of fill in flood hazard areas,
especially fill that is not intended to support buildings. Because of
adverse impacts on flooding, flood hazard areas should not be used to
dispose of excess fill. In addition, applicants who intend to fill an area
and then seek a map change to “remove” the area from the mapped SFHA
should do so as part of the permit which requires proper compaction when
the fill is initially placed, not as a subsequent action.
# 8 is not intended to imply that alteration of sand dunes or mangrove
stands is permissible, only that if such activities are allowed by DEP, the
flood-damage impacts must be considered pursuant to this ordinance.
#9 requires delineation of any channel change (see Sec. 105.3 #3 for other
requirements for such proposals).
Note that under some circumstances certain required submissions may be
waived. The Floodplain Administrator should not waive any requirement
that is needed to review a proposal for compliance. For example, this
provision would allow sketches for activities that don’t need scaled plans
prepared by a registered design professional, such as adding a deck, an
addition, interior-only improvements, or building an accessory structure.
105.2 Information in flood
hazard areas without base
This provision clarifies that if base flood elevation data are not available
from other sources, or if the available data from other sources are not
acceptable, item #1 provides the Floodplain Administrator the authority to
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 12
FPM ORDINANCE SECTION GUIDANCE NOTES
flood elevations (approximate
Zone A).
require the applicant to develop data using acceptable methods. The
building code gives the code official the same authority.
#2 allows use of data from other sources, including the community itself,
such as information from nearby permits, local drainage studies, or
documentation of past flooding.
#3, if data are not available from another source, or the data aren’t
acceptable, provides the Floodplain Administrator authority to (a) require
the applicant to include data; or (b) under very specific circumstances, can
specify the depth. This is consistent with NFIP guidance (FEMA 265)
that assumes the flooding is shallow in approximate Zone A (sometimes
called “unnumbered Zone A”). If an area is known to flood frequently to
a depth of 2 ft, it is reasonable to assume that flooding will be deeper
during more severe (less frequent) events, in which case another method
must be used rather than default to 2-ft. This may be removed by
communities that elect to require determinations of BFEs by an engineer.
Note that Section 302.2 requires base flood elevation data to be included
in subdivision proposals and development proposals containing at least 50
lots or at least 5 acres if the FIRM does not show BFEs.
105.3 Additional analyses and
certifications.
#1: floodways are areas where obstructions may divert flow or increase
BFEs. FEMA delineates floodways for many waterways by using
computer models to estimate the impacts on flood elevations associated
with potential development in floodway fringe areas. The floodway
boundary is drawn when the computer model determines floodway fringe
development would cause the water surface elevation to go up no more
than 1 foot.
#2 addresses situations where SFHAs are shown with BFEs but without
floodways. The potential impact of encroachments has not been evaluated
and the NFIP regulations require that hydrologic and hydraulic analysis be
performed when applications are submitted (equivalent to delineating a
floodway). This requirement is found in NFIP regulations at 44 CFR
60.3(c)(10). Communities should contact DEM for guidance.
105.4 Submission of additional
data.
FEMA requires applicants for LOMCs to obtain the community’s
acknowledgement of the submission.
Section 106 Inspections
106.1 General.
106.2 Development other than
buildings and structures.
An important part of fulfilling responsibilities to the NFIP is to inspect
permitted development, including development other than buildings and
structures.
106.3 Buildings, structures and
facilities exempt from the FBC.
The Floodplain Administrator inspects buildings, structures and facilities
exempt from the FBC.
106.4 Buildings and structures
exempt from the FBC, lowest
floor inspection.
This section is the same requirement in the FBC Section 110.3 (under
“Building,” items 1.1 and 5.1). Submission of elevation documents is
required upon placement of the lowest floor and prior to further vertical
construction, at which time the permittee is required to submit elevation
documentation (use of the NFIP Elevation Certificate is recommended;
this section may be modified to require use of the NFIP Elevation
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 13
FPM ORDINANCE SECTION GUIDANCE NOTES
Certificate).
106.5 Buildings, structures and
facilities exempt from the FBC,
final inspection.
This section is the same as the FBC, requiring submission of elevation
documentation as part of the final inspection. Having the Elevation
Certificate in hand allows the inspector to verify compliance and have the
data necessary to determine if mechanical and electrical equipment and
flood openings are compliant.
106.6 Manufactured homes. Requirements for installation in flood hazard areas are included in Section
304.
Section 107 Variances and Appeals
107.1 General. Variances are official permission to undertake an activity that is otherwise
prohibited or not approvable under the regulations or building code.
Documentation for each variance considered shall be retained in
permanent records (see Section 103.9). A pattern and practice of issuing
variances may prompt scrutiny by FEMA and DEM. It is inappropriate to
use variances to resolve violations or to attempt to solve problems
discovered after construction is completed unless a variance can
legitimately be granted after all due consideration.
The FBC does not create a board of appeals; the BOAF Admin Code does
establish a board of appeals. Florida communities designate a variety of
bodies to hear variances: planning and zoning board, board of appeals and
adjustments, board of adjustment, city commission, city council, or board
of zoning appeals.
Sec. 553.73(5), F.S., explicitly states that variances to the flood provisions
of the FBC shall not extend to the provisions in Section 3109 for
structures seaward of the CCCL.
107.2 Appeals
107.3 Limitations on authority
to grant variances.
107.4 Restrictions in
floodways.
107.5 Historic buildings. A determination that improvement of a historic building will not preclude
its continued designation as a historic building should be based on
documentation provided by a qualified authority, preferably the authority
that determined the building meets the criteria for the exception to FBC,
EB Section 1201.3.
107.6 Functionally dependent
uses.
This section is consistent with NFIP regulations at 44 CFR 60.3(7).
Although it allows variances for functionally dependent uses (see
definitions) that would allow them below BFE, it does not allow such uses
to entirely disregard methods to minimize flood damage.
107.7 Considerations for
issuance of variances.
Documentation to support issuance of variances should include technical
evaluations, relevant factors, and should address each of the
considerations listed.
107.8 Conditions for issuance
of variances.
Documentation to support issuance of variances should include
documentation of each of conditions listed. For FEMA Guidance on
variances, see FEMA P-758 (Section 5.6.7).
#3 is not required by the NFIP, but is recommended to inform future
owners of the variance.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 14
FPM ORDINANCE SECTION GUIDANCE NOTES
Section 108 Violations
108.1 Violations. This section applies only to violations of this ordinance; violations of the
FBC are dealt with in the code.
108.2 Authority.
108.3 Unlawful continuance.
Section 202 Definitions
Several terms are noted in brackets as being defined in the FBC, B. These definitions are repeated in this
ordinance because they are used in provisions that apply to development that is not within the scope of the
FBC. Communities may retain or delete the notes in brackets.
Alteration of a watercourse Requirements for alteration of a watercourse apply to riverine (nontidal)
waterways (see Section 105.3(3)).
Appeal
ASCE 24. The FBC, B refers to ASCE 24, which contains the detailed, specific
requirements for buildings and structures in flood hazard areas. The FBC,
R requires homes in floodways to comply with ASCE 24 and allows
ASCE 24 as an alternative in Zone V. See “Highlights of ASCE 24”
prepared by FEMA, available
http://www.floridadisaster.org/Mitigation/SFMP/lobc_resources.htm
Base flood.
Base flood elevation.
Basement. The NFIP definition of “Basement” is consistent with the building code
definition in Sec. 202 (the FBC, B also defines “basement” in Sec. 502.1).
In addition, this definition is consistent with its usage in the FBC, R
provisions that apply in flood hazard areas (see R322.1.5, R322.2.1 and
R322.3.2).
Coastal construction control
line.
Coastal high hazard area.
Design flood. The design flood is either the base flood or another flood based on other
criteria. A community may choose to prepare and adopt flood hazard
maps that show flood hazard areas that are not on maps prepared by
FEMA. These may be areas that FEMA did not study or areas that were
studied with different criteria. For example, as a general rule, FEMA is
concerned primarily with flooding sources that have a drainage area of 1
square mile or more. For another example, some communities elect to pre-
pare flood hazard maps based on the assumption that the upland watershed
is built out to existing zoning, often called "ultimate development," and
sometimes the “flood of record” is the basis for regulation.
The majority of Florida’s communities use the FIRM; therefore, the
design flood equals the base flood.
Design flood elevation. The majority of Florida’s communities use the FIRM; therefore, the
design flood elevation equals the base flood elevation.
In Zone AO, this definition specifies use of the depth number or 2 ft. If
the community elects to add additional height elsewhere (freeboard),
consideration should be given to specifying that the minimum depth
number should be at least 2 feet plus the additional height (e.g., 3 feet if
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 15
FPM ORDINANCE SECTION GUIDANCE NOTES
the community adopts 1 ft of freeboard).
Development.
Encroachment.
Existing building and existing
structure.
See note above regarding the adoption date of the community’s first
floodplain management ordinance.
The common label for “existing buildings” is “pre-FIRM” (built before
the FIRM), and the comparable label for “new construction” is “post-
FIRM” (built after the FIRM). However, those labels are really intended
for flood insurance purposes and are not permitted in FPM regulations.
Now that many Florida communities have been in the NFIP for 20-30
years, it is somewhat awkward to refer to buildings that old as “new.”
Although there is a difference in the wording of this definition and the
FBC definition, there is no practical difference. The NFIP considers any
building built after the specified date to be “new construction” and expects
communities to ensure that any work performed on such new
construction/existing buildings will not alter or modify any aspect of that
building that was required for compliance with the floodplain
management requirements in effect when it was built. This same concept
is in the codes.
Existing manufactured home
park or subdivision.
See Higher Standards if the community elects to treat all MFHs the same.
Expansion to an existing
manufactured home park or
subdivision.
See Higher Standards if the community elects to treat all MFHs the same.
Federal Emergency
Management Agency (FEMA).
Flood or flooding
Flood damage-resistant
materials.
Flood hazard area. This term refers to (1) the mapped Special Flood Hazard Area shown on
FIRMs, and (2) a larger area if the community adopts another map or
legally designates an area. The majority of Florida’s communities use the
FIRM; therefore, the flood hazard area equals the special flood hazard
area.
Flood Insurance Rate Map
(FIRM).
Revised FIRMs that have been prepared in digital format or converted to
digital format are referred to as Digital FIRMs (DFIRM). The term
“Flood Insurance Rate Map (FIRM)” refers to flood hazard data provided
by FEMA, regardless of whether the data are shown on printed products
or in digital format.
DEM will help communities that have Flood Boundary and Floodway
Maps to modify the model to appropriately reference that map.
Flood Insurance Study (FIS).
Floodplain Administrator.
Floodplain development permit
or approval.
If approval is signaled as part of another form of permit or approval, the
community should keep a record of that approval. Some Florida
communities use a stamp that allows the Floodplain Administrator to
indicate and date concurrence.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 16
FPM ORDINANCE SECTION GUIDANCE NOTES
Floodway.
Floodway encroachment
analysis
Florida Building Code. The Florida Building Code (FBC) is a family of codes. FBC, B is the
building code; FBC, R is the residential code; FBC, EB is the existing
building code; the family also includes mechanical, plumbing, and fuel
gas codes. The FBC includes flood provisions that FEMA has determined
to be consistent with the NFIP requirements for buildings and structures;
see especially Sec. 1612 (building), R322 (residential), and FBC, EB. The
term “building code” is used to refer to all of the codes.
Functionally dependent use.
Highest adjacent grade.
Historic structure.
Letter of Map Change (LOMC)
Light-duty truck
Lowest floor.
Manufactured home. This definition is modified to incorporate the NFIP definition and
phrasing from the definition in 15C-1.0101, F.A.C. Units that are called
“park trailers,” “park models” or “HUD RVs” are treated as recreational
vehicles.
Manufactured home park or
subdivision.
Market value. The alternatives to establish market value are described in Substantial
Improvement/Substantial Damage Desk Reference (FEMA P-758).
Communities should decide which method to use and apply it
consistently. If a method other than a professional appraisal is selected as
the standard method, applicants can be given the option to provide an
appraisal. Communities that elect to always require the applicant to
provide a professional appraisal may modify this definition.
Documentation of the factor (multiplier) provided by the Property
Appraiser should be kept with permit records and should be verified
annually.
New construction. See note above regarding the adoption date of the community’s first
floodplain management ordinance.
New manufactured home park
or subdivision.
See note above regarding the adoption date of the community’s first
floodplain management ordinance.
Park trailer. This definition is found in section 320.01, F.S.
Recreational vehicle. “Park trailers” is added to the NFIP definition; these units are treated as
RVs and, just like RVs, if they do not conform to the requirements for
RVs, then they must be treated as manufactured homes.
Sand dunes.
Special flood hazard area.
Start of construction.
Substantial damage. For guidance, see Substantial Improvement/Substantial Damage Desk
Reference (FEMA P-758).
Substantial improvement. For guidance, see Substantial Improvement/Substantial Damage Desk
Reference (FEMA P-758).
Communities that elect to handle historic structures by variance (see
Section 107.5) should remove item (2). The benefit of handling by
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 17
FPM ORDINANCE SECTION GUIDANCE NOTES
variance is the requirement that variances be the minimum necessary,
which provides the opportunity to require some measures to minimize
future flood damage. This approach is consistent with the overall intent of
preserving cultural and historic resources.
Variance.
Watercourse.
Section 301 Buildings and Structures
301.1 [Buildings and
Structures] Design and
construction of buildings,
structures and facilities exempt
from the FBC.
See Section 1043. Walled and roofed buildings are required to comply
with ASCE 24; non-building structures are required to comply with
Section 307, which has general performance expectations (e.g., anchored
to prevent flotation/debris).
301.2 Buildings and structures
seaward of the coastal
construction control line.
DEM and the Florida Building Commission have identified a
collaborative initiative to resolve the inconsistencies between CCCL and
Zone V requirements (anticipated in the FBC 6th edition). Until the
inconsistencies are resolved in the FBC, building officials have to do it on
a case-by-case basis; in doing so, the more restrictive of the two sets of
requirements must be enforced.
Section 302 Subdivisions
302.1 Minimum requirements.
302.2 Subdivision plats.
Section 303 Site Improvements, Utilities and Limitations
303.1 Minimum requirements. Although these requirements are the same as Section 302.1, here they
apply to developments other than subdivisions.
303.2 Sanitary sewage
facilities.
303.3 Water supply facilities.
303.4 Limitations on sites in
regulatory floodways.
This is a key provision that is referenced in several other sections. The
requirement is that development be prohibited in floodways unless an
analysis demonstrates the encroachment will not increase base flood
elevations.
303.5 Limitations on placement
of fill.
Fill may be placed to support buildings or for other purposes. These
provisions for fill placed to elevate buildings come from ASCE 24, a
standard that is referenced in the building code. The building code also
includes requirements in 1803.5.8 and R401 (fill soils) and R506
(concrete floors on ground). The ASTM Standard D-698 Standard Test
Methods for Laboratory Compaction Characteristics of Soil Using
Standard Effort may be referenced.
303.6 Limitations on sites in
coastal high hazard areas
(Zone V).
Section 304 Manufactured Homes
304.1General. As with other structures, manufactured homes that are in SFHAs and also
seaward of the CCCL are required to comply with the more restrictive
requirements.
304.2 Foundations. See Protecting Manufactured Homes from Floods and Other Hazards
(FEMA P-85)
http://www.fema.gov/library/viewRecord.do?id=1577.
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 18
FPM ORDINANCE SECTION GUIDANCE NOTES
FEMA P-85 includes a number of pre-engineered foundation solutions
that take into account both flood loads and wind loads.
Sec. 304.6 permits certain MFHs in existing parks/subdivisions that were
established before the date the community joined the NFIP to be placed,
replaced, or substantially improved without full elevation, provided a
home on the site was not substantially damaged by flooding. In these
existing parks/subdivisions, homes may be on reinforced piers or other
foundation elements of at least equivalent strength. For “dry stack block”
piers, equivalent strength can be provided by cross bracing and diagonal
straps and ground anchors that provide adequate resistance to flooding
when soils are saturated (also see FEMA P-85).
304.3 Anchoring.
304.4 Elevation. FEMA revised its manufactured home installation guidance document
(FEMA P-85) to refer to the bottom of the lowest horizontal supporting
member (longitudinal chassis frame beam) as the reference level. DEM
will request that Department of Highway Safety and Motor Vehicles
update the rule at 15C-1, F.A.C., to refer to FEMA P-85 (revised in 2009).
304.5 General elevation
requirement.
304.6 Elevation requirement
for certain existing
manufactured home parks and
subdivisions.
Communities that do not want to allow certain replacement MFHs to be
installed below the BFE on foundations that are at least 36” above grade
should see Higher Standards.
304.7 Enclosures.
304.8 Utility equipment.
Section 305 Recreational Vehicles and Park Trailers
305.1Temporary placement.
305.2 Permanent placement.
Section 306 Tanks
This section is consistent with 2015 IRC and ASCE 24-14.
306.1 Underground tanks. The NFIP definition of “development” is broad and includes tanks.
Floodplain management regulations have always covered tanks. This
model includes specific provisions so that neither the applicant nor the
local official has to figure out what is necessary to comply with the
general performance expectation.
306.2 Above-ground tanks, not
elevated.
306.3 Above-ground tanks,
elevated
306.4 Tank inlets and vents.
Section 307 Other Development
This section is consistent with 2015 IRC and ASCE 24-14.
307.1 General requirements
for other development.
The NFIP definition of “development” is broad and includes the “other
development” listed in this section. This model includes specific
provisions so that neither the applicant nor the local official has to figure
out what is necessary to comply with the general performance expectation.
FEMA Technical Bulletin #5 includes both general guidance and specific
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FINAL Notes and Instructions for FPM Ordinance: Zones A & V (April 3, 2017) 19
FPM ORDINANCE SECTION GUIDANCE NOTES
guidance for some types of development in coastal high hazard areas
(Zone V).
307.2 Fences in regulated
floodways.
307.3 Retaining walls,
sidewalks and driveways in
regulated floodways.
307.4 Roads and watercourse
crossings in regulated
floodways.
307.5 Concrete slabs used as
parking pads, enclosure floors,
landings, decks, walkways,
patios and similar nonstructural
uses (Zone V).
307.6 Decks and patios in
coastal high hazard areas
(Zone V).
307.7 Other development in
coastal high hazard areas
(Zone V).
307.8 Nonstructural fill in
coastal high hazard areas
(Zone V).
The description of the uses and “minor” quantities of fill are the same as
specified in the FBC, R. Although a specific volume is not defined, the
nature and purposes for which minor grading and quantities of fill may be
used are sufficient to place bounds on proposals. FEMA Technical
Bulletin #5 suggests that the placement of up to 2 feet of site-compatible,
non-structural fill under or around an elevated building can be assumed to
be acceptable. The placement of fill (and structures such as retaining
walls) can deflect waves and divert flood flows which may damage
buildings. The language in #2 and #3 comes from NFIP Technical
Bulletin 5-08. Note that any proposal for dune construction or restoration
of dunes must be approved by DEP or the applicable local reviewing
agency before considering the proposal under this ordinance.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 1
Model Code-Companion Floodplain Management Ordinance
For Communities with Inland (Zone A) and Coastal High
Hazard Areas (Zone V). April 3, 2017.
Note: This FINAL version includes inland flood hazard areas (zones shown on FIRMs that start
with the “A”) and coastal high hazard areas (zones that start with letter” V”). It does not include
any “higher standards.” Contact Technical Support for assistance with higher standards.
Please download the Instructions and Notes that go with this model, also dated April 3,
2017.
Please make any and all changes using <track changes> to facilitate DEM’s review. We
recommend resolving all text changes and obtaining review by Technical Support before
renumbering to be consistent with your community’s Code of Ordinances.
Technical Support: Email for help and submit drafts to
flood.ordinance@em.myflorida.com. Please allow plenty of time for at least two reviews
(longer if you make many changes) – at a minimum provide the first draft at least 6 weeks
before your first reading. At any given time we have many draft ordinances under review
and cannot guarantee turn-around.
NOTE: This model ordinance is specifically written as a companion to the FBC, which has
requirements for buildings in flood hazard areas. DO NOT copy from your existing
regulations and paste into this ordinance any requirements for buildings. For “higher
standards” that affect the design of buildings (such as freeboard), see the instructions on
DEM’s webpage and contact Technical Support for assistance.
ORDINANCE NO. XX-XX
AN ORDINANCE BY THE {community’s governing body} AMENDING THE {name of
community} CODE OF ORDINANCES TO REPEAL {insert appropriate chapter/section
numbers}; TO ADOPT A NEW {insert appropriate chapter/section numbers}; 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 APPLICABILITY; SEVERABILITY; AND AN
EFFECTIVE DATE.
______________________________________________________________________
WHEREAS, the Legislature of the State of Florida has, in {Chapter 125 – County
Government or Chapter 166 – Municipalities}, 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 {name of community} 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
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health, safety and general welfare, and
WHEREAS, the {name of community} was accepted for participation in the National
Flood Insurance Program on {date of regular program entry} and the {community’s
governing body} 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, the {community’s governing body} has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are coordinated with the
Florida Building Code.
NOW, THEREFORE, BE IT ORDAINED by the {community’s governing body} of
{name of community} that the following floodplain management regulations are hereby
adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s)
and regulation(s): {insert citation to existing flood damage reduction regulations that will
be replaced by these regulations and citation(s) to other ordinances that have flood
provisions, such as subdivision regulations that also will be replaced by these
regulations}.
ARTICLE I ADMINISTRATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of
{name of community}, hereinafter referred to as “this ordinance.”
101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
and facilities that are exempt from the Florida Building Code; placement, installation, or replacement
of manufactured homes and manufactured buildings; installation or replacement of tanks; placement
of recreational vehicles; installation of swimming pools; and any other development.
101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
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of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
101.4 Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of {governing
body} of {name of community} or by any officer or employee thereof for any flood damage
that results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard
areas within the {name of community}, as established in Section 102.3 of this ordinance.
102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for {insert title
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of FIS} dated {insert date of FIS}, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as
the minimum basis for establishing flood hazard areas. Studies and maps that establish flood
hazard areas are on file at the {Office/agency and address}.
102.4 Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
102.5 Other laws. The provisions of this ordinance shall not be deemed to nullify any
provisions of local, state or federal law.
102.6 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
event of a conflict between this ordinance and any other ordinance, the more restrictive shall
govern. This ordinance shall not impair any deed restriction, covenant or easement, but any
land that is subject to such interests shall also be governed by this ordinance.
102.7 Interpretation. In the interpretation and application of this ordinance, all provisions shall
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
103.1 Designation. The {insert position title} is designated as the Floodplain Administrator.
The Floodplain Administrator may delegate performance of certain duties to other employees.
103.2 General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to
render interpretations of this ordinance consistent with the intent and purpose of this ordinance
and may establish policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section 107
of this ordinance.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 5
103.3 Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this ordinance is demonstrated, or disapprove the same in the event of noncompliance;
and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this ordinance.
103.4 Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required.
103.5 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
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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 107 of this ordinance.
103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
103.7 Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 106 of this ordinance for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
103.8 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 103.4 of this ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code to determine that such certifications and
documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
{name of community} 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.”
103.9 Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and permanently keep
and make available for public inspection all records that are necessary for the administration of
this ordinance and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits
and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent
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communities, FEMA, and the state related to alterations of watercourses; assurances that the
flood carrying capacity of altered watercourses will be maintained; documentation related to
appeals and variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to this ordinance and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at {location and
instructions to request access, if applicable}.
SECTION 104 PERMITS
104.1 Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
this ordinance and all other applicable codes and regulations has been satisfied.
104.2 Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
104.3 Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
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(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
104.4 Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 105 of
this ordinance.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
104.5 Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any
violation of this ordinance, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of errors
and omissions.
104.6 Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
104.7 Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any
other ordinance, regulation or requirement of this community.
104.8 Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The {insert name} 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.
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(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(6) Federal permits and approvals.
SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
105.1 Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn to
scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or
(3) of this ordinance.
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 105.2(1) of this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
(9) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
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105.2 Information in flood hazard areas without base flood elevations (approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source.
(3) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is no
evidence indicating flood depths have been or may be greater than two (2)
feet.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
105.3 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 the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 105.4 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (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.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
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certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 105.4 of this ordinance.
(4) 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.
105.4 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. Submittal requirements and
processing fees shall be the responsibility of the applicant.
SECTION 106 INSPECTIONS
106.1 General. Development for which a floodplain development permit or approval is required
shall be subject to inspection.
106.2 Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this ordinance and
the conditions of issued floodplain development permits or approvals.
106.3 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 this ordinance and the
conditions of issued floodplain development permits or approvals.
106.4 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 105.2(3)(b) of this ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner’s authorized agent.
106.5 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 106.4 of this
ordinance.
106.6 Manufactured homes. The Floodplain Administrator shall inspect manufactured homes
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that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this ordinance and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Floodplain Administrator.
SECTION 107 VARIANCES AND APPEALS
107.1 General. The {body designated to hear variances} shall hear and decide on requests
for appeals and requests for variances from the strict application of this ordinance. Pursuant to
section 553.73(5), F.S., the {body designated to hear variances} shall hear and decide on
requests for appeals and requests for variances from the strict application of the flood resistant
construction requirements of the Florida Building Code. This section does not apply to Section
3109 of the Florida Building Code, Building.
107.2 Appeals. The {body designated to hear variances} shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the administration and enforcement of this ordinance. Any person
aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida
Statutes.
107.3 Limitations on authority to grant variances. The {body designated to hear
variances} shall base its decisions on variances on technical justifications submitted by
applicants, the considerations for issuance in Section 107.7 of this ordinance, the conditions of
issuance set forth in Section 107.8 of this ordinance, and the comments and recommendations
of the Floodplain Administrator and the Building Official. The {body designated to hear
variances} has the right to attach such conditions as it deems necessary to further the
purposes and objectives of this ordinance.
107.4 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 105.3 of this ordinance.
107.5 Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12
Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation
will not preclude the building’s continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building’s continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
107.6 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 this ordinance, provided the variance meets the requirements of Section 107.4, is the
minimum necessary considering the flood hazard, and all due consideration has been given to
use of methods and materials that minimize flood damage during occurrence of the base flood.
107.7 Considerations for issuance of variances. In reviewing requests for variances, the
{body designated to hear variances} shall consider all technical evaluations, all relevant
factors, all other applicable provisions of the Florida Building Code, this ordinance, and the
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following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
107.8 Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the {body designated to hear variances} that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
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elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
SECTION 108 VIOLATIONS
108.1 Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed a
violation of this ordinance. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
108.2 Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner’s agent, or to the person or persons performing the work.
108.3 Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by law {or insert specific reference to state or local law}.
ARTICLE II DEFINITIONS
SECTION 201 GENERAL
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
201.2 Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code.
201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
SECTION 202 DEFINITIONS
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision
of this ordinance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
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Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given
year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the
"100-year flood" or the “1-percent-annual chance flood.”
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 202; see “Basement (for flood loads)”.]
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
“high hazard areas subject to high velocity wave action” or “V Zones” and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the “design flood,” including wave height, relative to
the datum specified on the community’s legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
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Existing building and existing structure. Any buildings and structures for which the “start of
construction” commenced before {date the community’s first floodplain management
ordinance was adopted}. [Also defined in FBC, B, Section 202.]
Existing 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 before {date the
community’s first floodplain management ordinance was adopted}.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance (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
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specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 18
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non-elevation requirements
of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one or more sections, which is eight (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.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the “start of
construction” commenced on or after {date the community’s first floodplain management
ordinance was adopted} and includes any subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after {date the
community’s first floodplain management ordinance was adopted}.
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 section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.)
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 19
(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 light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The date of issuance of permits for new construction and substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual “start of construction” means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 202.]
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or
other improvement of a building or structure, the cost of which equals or exceeds 50 percent of
the market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 202.]
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and Notes]
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 20
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE III FLOOD RESISTANT DEVELOPMENT
SECTION 301 BUILDINGS AND STRUCTURES
301.1 Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 104.3 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or repair
of substantial damage of such buildings, structures and facilities, shall be designed and constructed
in accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 307 of this ordinance.
301.2 Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
(2) Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
SECTION 302 SUBDIVISIONS
302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured
home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 105.2(1) of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Section 303 of this
ordinance.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 21
SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
303.1 Minimum requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
303.2 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.
303.3 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.
303.4 Limitations on sites in regulatory floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section
105.3(1) of this ordinance demonstrates that the proposed development or land disturbing
activity will not result in any increase in the base flood elevation.
303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
303.6 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 105.3(4) of this ordinance demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Section 307.8(3) of this
ordinance.
SECTION 304 MANUFACTURED HOMES
304.1 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
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 22
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall comply with the
more restrictive of the applicable requirements.
304.2 Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard 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 this ordinance. Foundations for manufactured homes subject to
Section 304.6 of this ordinance are permitted to be reinforced piers or other foundation
elements of at least equivalent strength.
(2) 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 this ordinance.
304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall
be installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 304.5 or 304.6 of this ordinance, as applicable.
304.5 General elevation requirement. Unless subject to the requirements of Section 304.6 of
this ordinance, 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).
304.6 Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 304.5 of this ordinance,
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:
(1) 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 Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) 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 above grade.
304.7 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such
enclosed areas, as applicable to the flood hazard area.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 23
304.8 Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322, as
applicable to the flood hazard area.
SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS
305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in
flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 305.1 of this ordinance for temporary placement shall meet the
requirements of Section 304 of this ordinance for manufactured homes.
SECTION 306 TANKS
306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of Section 306.3 of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the design flood elevation and attached to a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 24
SECTION 307 OTHER DEVELOPMENT
307.1 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
this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet
the limitations of Section 303.4 of this ordinance.
307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 303.4 of this ordinance.
307.4 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 303.4 of this ordinance. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 105.3(3) of this ordinance.
307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal
high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 25
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
307.7 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 by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach-dune morphology and the vertical clearance
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FINAL Model FPM Ordinance: Zones A & V (April 3, 2017) 26
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
{See instructions for technical amendments to FBC, if any, and insert here as a new
SECTION 3; technical amendments may also be adopted by separate ordinance.}
SECTION 3. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in {insert name of
community or all unincorporated areas of the 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 4. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the {community’s governing body} that the provisions of this ordinance shall
become and be made a part of the {name of community’s} Code of 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 5. 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 6. EFFECTIVE DATE.
This ordinance shall take effect on {insert date}.
PASSED on first reading {insert date}.
PASSED and ADOPTED in regular session, with a quorum present and voting, by the
{governing body}, upon second and final reading this {insert date}.
{Governing body}
__________________________
{Chief Elected Officer}
ATTEST:
____________________
{Manager/Clerk}
APPROVED AS TO FORM:
____________________
{Attorney}
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1
ORDINANCE 18-XXX
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS
AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AMEND
SECTION 2.00.00 (DEFINITIONS) BY DELETING AND PROVIDING NEW
DEFINITIONS FOR FLOODPLAIN MANAGEMENT TO AMEND 6.05.00 FLOOD
DAMAGE PREVENTION TO REPEAL CURRENT SECTIONS 6.05.01 TO SECTION
6.05.07; TO ADOPT A NEW 6.05.00 FLOODPLAIN MANAGEMENT; 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 CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND
CODIFICATION AND AN EFFECTIVE DATE;
WHEREAS, the Florida Legislature has provided 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 St. Lucie County, Florida. 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, St. Lucie County was accepted for participation in the National Flood Insurance Program in 1994
and the County 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, the St. Lucie County 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.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA
that Chapter 6.05.00 Flood Damage Prevention is amended to repeal current regulations and further amended to
adopt new Floodplain Management regulations as follows:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE
TO READ AS FOLLOWS:
6.05.00. - FLOOD DAMAGE PREVENTION
6.05.01. - General provisions.
A. Purpose. It is the purpose of the Section to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
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1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion or in flood heights or velocities.
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial development.
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which
are involved in the accommodation of floodwaters.
4. Control filing, grading, dredging and other development which may increase erosion or flood damage;
and
5. Prevent or regulate the development of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
B. Objectives. The objectives of this Section are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in floodplains;
6. To help maintain a stable tax base by providing for the sound use and development of flood-prone
areas in such a manner as to minimize flood blight areas; and
7. To ensure that potential home buyers are notified that property is in a flood area.
C. Lands to which this Section Applies. This Section shall apply to all areas of special flood hazard within the
jurisdiction of St. Lucie County.
D. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the
Federal Emergency Management Agency in its Flood Insurance Study for St. Lucie County, dated February
16, 2012, with accompanying maps and other supporting data, and any revision thereto, are adopted by
reference and declared to be a part of this Code.
E. Establishment of Development Permit. A development permit shall be required in conformance with the
provisions of this Section and Section 6.05.07 prior to the commencement of any development activities.
F. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered
without full compliance with the terms of this Section and other applicable regulations.
G. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Section and another conflict or overlap,
whichever imposes more stringent restrictions shall prevail.
H. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is considered
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reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside the areas of special flood hazard or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create liability on the part of St.
Lucie County or by any officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
6.05.02. - General standards for flood hazard reduction.
A. General Standards. In all areas of special flood hazard the following provisions are required:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse
and lateral movement of the structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse and lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable state requirements for resisting
wind forces.
3. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
4. New construction and substantial improvements shall be constructed by methods and practices that
minimize flood damage.
5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall
be designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into floodwaters.
8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
9. Any alteration, repair, reconstruction, or improvements to a building which is in compliance with the
provisions of this Section, shall meet the requirements of new construction as contained in this Section.
10. Any alteration, repair, reconstruction, or improvements to a building which is not in compliance with
the provisions of this Section, shall be undertaken only if said nonconformity is not furthered, extended,
or replaced.
11. All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to
the Floodplain Administrator along with the application for development permit. Copies of such
permits shall be maintained on file with the development permit. State of Florida permits may include,
but not limited to, the following:
(a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes,
Section (2) (a)—Flood Protection and Floodplain Management;
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(b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State
Concern, and Chapter 553, Part IV F.S., Florida Building Code;
(c) Florida Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment
and Disposal Systems;
(d) Florida Department of Environmental Protection, Coastal Construction Control Line: in accordance
with Chapter 161.053 F.S. Coastal Construction and Excavation;
(e) 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; and
(f) U.S. Fish and Wildlife Service: pursuant to the Endangered Species Act, as amended.
6.05.03. - Specific standards for flood hazard reduction.
In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Section
6.05.01(D) or Section 6.05.07(B)(12), the following provisions are required:
A. Residential Construction: New construction and substantial improvement of any residential building shall
have the lowest floor, including basement, elevated to or above base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic
equalization of hydrostatic flood forces on exterior walls shall be provided in accordance with standards of
Section 6.05.03(C).
B. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial
or other nonresidential building (or manufactured home) shall have the lowest floor, including basement,
elevated to or above the level of the base flood elevation. Buildings located in all A-Zones may be
floodproofed in lieu of being elevated provided that all areas of the building below the required elevation
are watertight with walls substantially impermeable to the passage of water and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
Such certification shall be provided to the Floodplain Administrator as set forth in Section 6.05.07(B)(11).
C. Elevated Buildings: New construction and substantial improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be
designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must either be certified by a professional engineer or
architect or meet or exceed the following minimum criteria:
(a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch
for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one (1) foot above grade; and,
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided
they permit the automatic flow of floodwaters in both directions.
2. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment used in connection with the premises (standard
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exterior door) or entry to the living area (stairway or elevator); and
3. The interior portion of such enclosed area shall not be finished or partitioned into separate rooms.
D. Standards for manufactured homes and recreational vehicles:
1. All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions
to existing manufactured home parks or subdivisions, or in substantially improved manufactured home
parks or subdivisions, must meet all the requirements for new construction, including elevation and
anchoring.
2. All manufactured homes placed or substantially improved in an existing manufactured home park or
subdivision must be elevated so that:
(a) The lowest floor of the manufactured home is elevated to or above base flood elevation, or
(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of
at least an equivalent strength, of no less than thirty-six (36) inches in height above grade.
(c) The manufactured home must be securely anchored to the adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred
substantial damage as the result of a flood, any manufactured home placed or substantially
improved must meet the standards of Sections 6.05.03(D)(2)(a) and (c).
3. All recreational vehicles placed on sites must either:
(a) Be fully licensed and ready for highway use;
(b) Be on the site for fewer than one hundred eighty (180) consecutive days; or,
(c) The recreational vehicle must meet all the requirements for new construction, including anchoring
and elevation requirements of Sections 6.05.03(D)(2)(a) through (c).
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has no permanently attached structures.
E. Floodways: Located within areas of special flood hazard established in Section 6.05.01(D), are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions
shall apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements and other
developments unless certification (with supporting technical data) by a registered professional
engineer is provided demonstrating that encroachments shall not result in any increase in flood levels
during occurrence of the base flood discharge.
2. If Section 6.05.03(E)(1) is satisfied, all new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of Section 6.05.02 through Section 6.05.06.
3. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured
homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot
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in an existing manufactured home park or subdivision provided the anchoring standards of section
6.05.02(A)(2) and the elevation standards of Section 6.05.03(A) and the encroachment standards of
Section 6.05.03(E)(1) are met.
F. Coastal High Hazard Areas (V ZONES): Located within the areas of special flood hazard established in Section
6.05.01(D), are areas designated as coastal high hazard areas. These areas have special flood hazards
associated with wave wash; therefore, the following provisions shall apply:
1. All new construction and substantial improvements shall be located landward of the reach of the mean
high tide.
2. The bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or
columns) is elevated to no lower than the base flood elevation whether or not the structure contains
a basement.
3. All buildings or structures shall be securely anchored on pilings or columns.
4. All pile and column foundations and structures attached thereto shall be anchored to resist flotation,
collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all
building components. Water loading values shall equal or exceed the base flood. Wind loading values
shall be in accordance with the provisions of Section 13.00.00 of this Code.
5. A registered professional engineer or architect shall certify that the design, specifications and plans for
construction are in compliance with provisions contained in Sections 6.05.03(F)(2), (3) and (4).
6. The Floodplain Administrator shall obtain and maintain a record of the elevation (in relation to mean
sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings and columns) of all new and substantially improved structures.
7. Provide that all new construction and substantial improvements have the space below the lowest floor
either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work,
or insect screening intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of the building or supporting
foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls
which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when
so required by State of Florida or local codes) may be permitted only if a registered professional
engineer or architect certifies with supporting technical data that the designs proposed meet the
following conditions:
(a) Breakaway wall collapse shall result from water load less than that which would occur during the
base flood; and
(b) The elevated portion of the building and supporting foundation system shall not be subject to
collapse, displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural). The water loading
shall be those values associated with the base flood. The wind loading values shall be those
required by applicable Florida or local, if more stringent than those of the State of Florida, building
standards.
(c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage.
Such space shall not be finished, partitioned into multiple rooms, or temperature-controlled.
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8. There shall be no fill used as structural support. Limited non-compacted fill may be used around the
perimeter of a building for landscaping aesthetic purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces,
ramping effects, or wave deflection. The Floodplain Administrator shall approve design plans for
landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect,
and/or soil scientist, which demonstrates with supporting technical data that the following factors have
been fully considered:
(a) Particle composition of fill material does not have a tendency for excessive natural compaction;
(b) Volume and distribution of fill will not cause wave deflection to adjacent properties; and
(c) Slope of fill will not cause wave runup or ramping.
9. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood
damage.
10. Prohibit the placement of manufactured homes (mobile homes) except in an existing manufactured
home (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot
in an existing manufactured home park or subdivision provided the standards of Section 6.05.03(F)(1)
through (9) are met.
11. Prohibit the placement of recreational vehicles except in an existing recreational vehicle park. A
recreational vehicle may be placed in an existing recreational vehicle park provided it is on the site for
either fewer than one hundred eighty (180) consecutive days; is fully licensed and ready for highway
use; or meets the requirements of Section 6.05.03(F)(1) through (9).
G. Standards for Streams without established Base Flood Elevations and Floodways. Located within the areas
of special flood hazard established in Section 6.05.01(D), where there exist A-Zones for which no base flood
elevation data and regulatory floodway have been provided or designated by the Federal Emergency
Management Agency, the following provisions shall apply:
(1) Require standards of Section 6.05.02.
(2) Require that all new subdivision proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser,
include within such proposals base flood elevation data. Standards set forth in Section 6.05.03 shall
apply.
(3) The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State of Florida, or any other source, in order to administer the
provisions of this ordinance. When such data is utilized, provisions of Section 6.05.03 shall apply. The
Floodplain Administrator shall:
(a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures,
(b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section
6.05.03.B, the elevation in relation to the mean sea level to which the structure has been
floodproofed, and
(c) Maintain a record of all such information.
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(4) Notify, in riverine situations, adjacent communities, the Florida Department of Community Affairs—
NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or
relocation of a watercourse, and submit copies of such notifications to FEMA.
(5) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is
maintained.
(6) Manufactured homes shall be installed using methods and practices that minimize flood damage. They
must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State of Florida and local anchoring requirements for resisting
wind forces.
(7) When the data is not available from any source, in accordance with the standard set forth in Section
6.05.03.G.(2), the lowest floor of the structure shall be elevated to no lower than three feet above the
highest adjacent grade. Standards set forth in Section 6.05.03 shall apply.
6.05.04. - Standards for streams with established base flood elevations, but without floodways.
Located within the areas of special flood hazard established in Section 6.05.01(D), where small streams exist but
where no base flood data has been provided or where no floodways have been provided, the following provisions
apply:
A. No encroachments, including fill material or structures shall be located in areas of special flood hazard
unless certification by a registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and anticipated development
will not increase the water surface elevation of the base flood more than one (1) foot at any point within
the community. The engineering certification should be supported by technical data that conforms to
standard hydraulic engineering principles.
B. New construction and substantial improvements of buildings shall be elevated or floodproofed to
elevations established in accordance with Section 6.05.03(A) through (D).
6.05.05. - Standards for subdivision proposals and other proposed new development.
A. All subdivision proposals and other proposed new development shall be consistent with the need to
minimize flood damage.
B. All subdivision proposals and other proposed new development shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals and other proposed new development shall have adequate drainage provided to
reduce exposure to flood hazards.
6.05.06. - Standards for areas of shallow flooding.
Located within the areas of special flood hazard established in Section 6.05.01(D), are areas designated as shallow
flooding areas. These areas have special flood hazard associated with base flood depths of one (1) to three (3) feet
where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate;
therefore the following provisions apply:
A. All new construction and substantial improvements of residential buildings shall have the lowest floor,
including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet,
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above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement,
shall be elevated at least two (2) feet above the highest adjacent grade.
B. All new construction and substantial improvements of nonresidential structures shall:
1. Have the lowest floor, including basement, elevated to the depth number specified on the Flood
Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the
lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent
grade, or
2. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level
so that any space below that level is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
C. Adequate drainage paths around structures shall be provided on slopes to guide water away from
structures.
6.05.07. - Administration.
In addition to the administrative provisions in Chapter XI of this Code, the following provisions shall apply.
A. Permit Procedures. Application for a development permit shall be made to the Floodplain Administrator on
forms furnished by him or her prior to any development activities, and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of
the area in question; existing or proposed structures, earthen fill, storage of materials or equipment;
drainage facilities and the location of the foregoing. Specifically, the following information is required:
1. Application Stage.
a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
buildings.
b. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
c. Certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure will meet the floodproofing criteria in Section 6.05.03(B) and Section
6.05.07(A)(2).
d. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
e. Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member
of the lowest floor and provide a certification from a registered engineer or architect indicating
that they have developed and/or reviewed the structural designs, specifications and plans of the
construction and certified that they are in accordance with accepted standards of practice in
Coastal High Hazard Areas.
2. Construction Stage.
a. A floor elevation or floodproofing certification after the lowest floor is completed, or in instances
where the structure is subject to the regulations applicable to Coastal High Hazard areas, after
placement of horizontal structural members of the lowest floor.
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b. No structural construction beyond the foundation shall be authorized until the required flood
certification has been submitted to and approved by the Floodplain Administrator in accordance
with subsection c. below.
c. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or
floodproofing 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 Floodplain Administrator:
(1) A certification of the elevation of the lowest floor; or,
(2) Floodproofed elevation; or,
(3) The elevation of the lowest portion of the horizontal structural members of the lowest floor,
whichever is applicable, in relation to mean sea level.
d. Said certification shall be prepared by or under the direct supervision of a registered land surveyor
or professional engineer and certified by same. When floodproofing 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.
e. The Floodplain Administrator shall review the floor elevation survey data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the survey or failure to make said
corrections required hereby, shall be cause to issue a stopwork order for the development.
B. Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall
include, but not be limited to:
1. Review permits to assure sites are reasonably safe from flooding.
2. Review all development permits to assure that the permit requirements of this Section have been
satisfied.
3. Require copies of additional federal, state and water management district permits be provided prior to
issuance of a development permit and maintained on file with the development permit.
4. Notifying adjacent communities, the Florida Division of Emergency Management State Floodplain
Management Office, the South Florida Water Management District, the Federal Emergency
Management Agency, and other Federal and/or State of Florida agencies with statutory or regulatory
authority prior to any alteration or relocation of a watercourse.
5. Notify the Federal Emergency Management Agency within six months when new technical or scientific
data becomes available to the community concerning physical changes affecting flooding conditions so
that risk premium rates and floodplain management requirements will be based on current data.
6. Assure that maintenance is provided within the altered or relocated portion of said watercourse so
that the flood carrying capacity is maintained.
7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) or
bottom of the lowest horizontal structural member of the lowest floor (V-Zones) of all new construction
and substantially improved structures, in accordance with Section 6.05.03(A) and (B) and 6.05.03(F)(2),
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(3) and (4), respectively.
8. Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially
improved non-residential structures have been floodproofed, in accordance with Section 6.05.03(B).
9. In Coastal High Hazard areas certification shall be obtained from a registered professional engineer or
architect that the structure is designed to be securely anchored to adequately anchored pilings or
columns in order to withstand velocity waters and hurricane wave wash.
10. In Coastal High Hazard areas, the Floodplain Administrator shall review plans for the adequacy of
breakaway walls in accordance with Section 6.05.03(F)(7).
11. When floodproofing is utilized for a particular structure, the Floodplain Administrator shall obtain
certification from a registered professional engineer or architect in accordance with Section 6.05.03(B).
12. Where interpretation is needed as to the exact location of boundaries of the areas of special flood
hazard (for example, where there appears to be a conflict between a mapped boundary and actual field
conditions), the Floodplain Administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 10.01.25.
13. When base flood elevation data or floodway data have not been provided in accordance with Section
6.05.01(D), then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to administer the
provisions of Sections 6.05.02 through 6.05.06.
14. All records pertaining to the provisions of this chapter shall be maintained in the office of the Floodplain
Administrator and shall be open for public inspection.
C. Penalties. Violations of this section may be enforced by the St. Lucie County Code Enforcement Board. This
provision shall not preclude enforcement of this section in the Circuit Court or as otherwise authorized by
law.
Chapter 6.05.00 Floodplain Management
ARTICLE I ADMINISTRATION
6.05.01 GENERAL
A. Title. These regulations shall be known as the Floodplain Management Ordinance of St. Lucie County,
hereinafter referred to as “this ordinance.”
B. Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially
within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site
improvements and utility installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida
Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings;
installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any
other development.
C. Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements
of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and
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general welfare and to minimize public and private losses due to flooding through regulation of development in
flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize future flood
damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of
equipment or materials, and other development which may increase flood damage or erosion
potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact
of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood hazard
areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and response
to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community participation as
set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. Coordination with the Florida Building Code. This ordinance is intended to be administered and
enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard
that is referenced by the Florida Building Code.
E. Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as
amended by this community, is considered the minimum reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by
man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas,
or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard
areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal
Emergency Management Agency, requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with this ordinance.
F. Disclaimer of Liability. This ordinance shall not create liability on the part of St. Lucie County Board of
County Commissioners of St. Lucie County or by any officer or employee thereof for any flood damage that results
from reliance on this ordinance or any administrative decision lawfully made thereunder.
6.05.02 APPLICABILITY
A. General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
B. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the St.
Lucie County, as established in Section 6.05.02(C) of this ordinance.
C. Basis for establishing flood hazard areas. The Flood Insurance Study for Flood Insurance study for St.
Lucie County dated February 16, 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 this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard areas are on file at the Planning and Development Services Department located
at 2300 Virginia Avenue Fort Pierce, FL 34982.
D. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base
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flood elevations, pursuant to Section 6.05.05 of this ordinance the Floodplain Administrator may require
submission of additional data. Where field surveyed topography prepared by a Florida licensed professional
surveyor or digital topography accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood
hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the
requirements of this ordinance and, as applicable, the requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood
hazard area unless the applicant obtains a Letter of Map Change that removes the area from the
special flood hazard area.
E. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state
or federal law.
F. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management
of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater management regulations,
or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more
restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land
that is subject to such interests shall also be governed by this ordinance.
G. Interpretation. In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
6.05.03 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
A. Designation. The Planning and Development Services Director is designated as the Floodplain
Administrator. The
Floodplain Administrator may delegate performance of certain duties to other employees.
B. General. The Floodplain Administrator is authorized and directed to administer and enforce the
provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this
ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the
effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to
Section 6.05.07 of this ordinance.
C. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of
the community, shall:
(1) Review applications and plans to determine whether proposed new development will be located
in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas for
compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the
exact location of boundaries; a person contesting the determination shall have the opportunity to
appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or shall be
developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably safe from
flooding;
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(7) Issue floodplain development permits or approvals for development other than buildings and
structures that are subject to the Florida Building Code, including buildings, structures and facilities
exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or
disapprove the same in the event of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that applications, plan
reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable
provisions of this ordinance.
D. Substantial improvement and substantial damage determinations. For applications for building permits
to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change
of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and
any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination
with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the building or structure before the start of
construction of the proposed work; in the case of repair, the market value of the building or
structure shall be the market value before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-
damaged condition, or the combined costs of improvements and repairs, if applicable, to the
market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial improvement or
repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair
of substantial damage and that compliance with the flood resistant construction requirements of
the Florida Building Code and this ordinance is required.
E. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain
Administrator shall review requests submitted to the Building Official that seek approval to modify the strict
application of the flood load and flood resistant construction requirements of the Florida Building Code to
determine whether such requests require the granting of a variance pursuant to Section 6.05.07 of this ordinance.
F. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for
the issuance of all necessary notices or orders to ensure compliance with this ordinance.
G. Inspections. The Floodplain Administrator shall make the required inspections as specified in Section
6.05.06 of this ordinance for development that is not subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood
hazard areas to determine if development is undertaken without issuance of a permit.
H. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties,
including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and documenting
determinations of substantial improvement and substantial damage made pursuant to Section
6.05.03(D) of this ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the
Florida Division of Emergency Management, State Floodplain Management Office, and submit copies
of such notifications to the Federal Emergency Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and information necessary to maintain the Flood Insurance
Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or
floodway designations; such submissions shall be made within 6 months of such data becoming
available;
(4) Review required design certifications and documentation of elevations specified by this ordinance
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and the Florida Building Code to determine that such certifications and documentations are
complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of St. Lucie
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.”
I. Floodplain management records. Regardless of any limitation on the period required for retention of
public records, the Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this ordinance and the flood resistant construction
requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of
issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation of elevations
specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state
related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements
of the Florida Building Code. These records shall be available for public inspection at Planning and Development
Department.
6.05.04 PERMITS
A. Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) who intends to
undertake any development activity within the scope of this ordinance, including buildings, structures and facilities
exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first
make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required
permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this
ordinance and all other applicable codes and regulations has been satisfied.
B. Floodplain development permits or approvals. Floodplain development permits or approvals shall be
issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida
Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on
the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is required in addition to a building permit.
C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements
of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60),
floodplain development permits or approvals shall be required for the following buildings, structures and facilities
that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly
involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.
As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
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any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled
on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of
granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code
if such structures are located in flood hazard areas established on Flood Insurance Rate Maps
D. Application for a permit or approval. To obtain a floodplain development permit or approval the
applicant shall first file an application in writing on a form furnished by the community. The information provided
shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal description,
street address or similar description that will readily identify and definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 6.05.05 of this
ordinance.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
E. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to
this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida
Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications,
construction documents, and information shall not prevent the Floodplain Administrator from requiring the
correction of errors and omissions.
F. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized
by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned
for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be
requested in writing and justifiable cause shall be demonstrated.
G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete
information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community.
H. Other permits required. Floodplain development permits and building permits shall include a condition
that all other applicable state or federal permits be obtained before commencement of the permitted development,
including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065,
F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction, changes, or
physical activities for shore protection or other activities seaward of the coastal construction
control line; section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit;
section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and alter
surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean
Water Act.
(6) Federal permits and approvals.
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6.05.05 SITE PLANS AND CONSTRUCTION DOCUMENTS
A. Information for development in flood hazard areas. The site plan or construction documents for any
development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable
to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s),
and ground elevations if necessary for review of the proposed development.
(2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood
Insurance Study, they shall be established in accordance with Section 6.05.05(B)(2) or (B)(3) of this
ordinance.
(3) Where the parcel on which the proposed development will take place will have more than 50 lots
or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood
Insurance Study, such elevations shall be established in accordance with Section 6.05.05(B)(1) of
this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing buildings and
structures; in coastal high hazard areas, new buildings shall be located landward of the reach of
mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction
specifications; a description of the intended purpose of the fill areas; and evidence that the
proposed fill areas are the minimum necessary to achieve the intended purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the
coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is
approved by the Florida Department of Environmental Protection.
(9) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other
data that are required by this ordinance but that are not required to be prepared by a registered design
professional if it is found that the nature of the proposed development is such that the review of such
submissions is not necessary to ascertain compliance with this ordinance.
B. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood
hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain
Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with currently
accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a
federal or state agency or other source or require the applicant to obtain and use base flood
elevation and floodway data available from a federal or state agency or other source.
(3) Where base flood elevation and floodway data are not available from another source, where the
available data are deemed by the Floodplain Administrator to not reasonably reflect flooding
conditions, or where the available data are known to be scientifically or technically incorrect or
otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the
location of the development, provided there is no evidence indicating flood depths have been
or may be greater than two (2) feet.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA,
advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format
required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal
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requirements and pay the processing fees.
C. Additional analyses and certifications. As applicable to the location and nature of the proposed
development activity, and in addition to the requirements of this section, the applicant shall have the following
analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction
documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed development
will not cause any increase in base flood elevations; where the applicant proposes to undertake
development activities that do increase base flood elevations, the applicant shall submit such
analysis to FEMA as specified in Section 6.05.05(D) of this ordinance and shall submit the
Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction
documents.
(2) For development activities proposed to be located in a riverine flood hazard area for which base
flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not
been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect
of the proposed development, when combined with all other existing and anticipated flood hazard
area encroachments, will not increase the base flood elevation more than one (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.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard
engineering practices which demonstrates that the flood-carrying capacity of the altered or
relocated portion of the watercourse will not be decreased, and certification that the altered
watercourse shall be maintained in a manner which preserves the channel's flood-carrying
capacity; the applicant shall submit the analysis to FEMA as specified in Section 6.05.05(D) of this
ordinance.
(4) 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.
D. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies,
and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map
Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood
hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be
the responsibility of the applicant.
6.05.06 INSPECTIONS
A. General. Development for which a floodplain development permit or approval is required shall be
subject to inspection.
B. Development other than buildings and structures. The Floodplain Administrator shall inspect all
development to determine compliance with the requirements of this ordinance and the conditions of issued
floodplain development permits or approvals.
C. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator
shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with
the requirements of this ordinance and the conditions of issued floodplain development permits or approvals.
D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a
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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 6.05.06(B)(3)(b) of this ordinance, the documentation of height of the
lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized
agent.
E. Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of
the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final
certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the
highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 6.05.06(D)
of this ordinance.
F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed
or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the
conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the
lowest floor shall be submitted to the Floodplain Administrator.
6.05.07 VARIANCES AND APPEALS
A. General. The Board of Adjustment shall hear and decide on requests for appeals and requests for
variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the Board of Adjustment
shall hear and decide on requests for appeals and requests for variances from the strict application of the flood
resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the
Florida Building Code, Building.
B. Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain Administrator in the administration and
enforcement of this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court,
as provided by Florida Statutes.
C. Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for issuance in Section 6.05.07(G)
of this ordinance, the conditions of issuance set forth in Section 6.05.07(H) of this ordinance, and the comments and
recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right
to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance.
D. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if
any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications
required in Section 6.05.05(C) of this ordinance.
E. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of
a historic building that is determined eligible for the exception to the flood resistant construction requirements of
the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed
repair, improvement, or rehabilitation will not preclude the building’s continued designation as a historic building
and the variance is the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted
and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida
Building Code.
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F. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the
variance meets the requirements of Section 6.05.07(D), is the minimum necessary considering the flood hazard, and
all due consideration has been given to use of methods and materials that minimize flood damage during occurrence
of the base flood.
G. Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustment
shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building
Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further injury or
damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and the
effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the community;
(5) The availability of alternate locations for the proposed development that are subject to lower risk
of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water
systems, streets and bridges.
H. Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with any
provision of this ordinance or the required elevation standards;
(2) Determination by the Board of Adjustment that:
(a) Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to satisfy
the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, nor create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in
the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the
affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building, or
substantial improvement of a building, below the required elevation, a copy in the record of a
written notice from the Floodplain Administrator to the applicant for the variance, specifying the
difference between the base flood elevation and the proposed elevation of the lowest floor,
stating that the cost of federal flood insurance will be commensurate with the increased risk
resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance
coverage), and stating that construction below the base flood elevation increases risks to life and
property.
6.05.08 VIOLATIONS
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A. Violations. Any development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or
that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure
without the documentation of elevation of the lowest floor, other required design certifications, or other evidence
of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time
as that documentation is provided.
B. Authority. For development that is not within the scope of the Florida Building Code but that is
regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to
serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the
person or persons performing the work.
C. Unlawful continuance. Any person who shall continue any work after having been served with a notice
of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a
violation or unsafe condition, shall be subject to penalties as prescribed by law.
Chapter II DEFINITIONS
2.00.00 Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are
defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.
Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily
accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment,
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form
of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow
of water during conditions of the base flood.
Appeal. As used in Section 6.05.00 Floodplain Management, a request for a review of the Floodplain Administrator’s
interpretation of any provision of this ordinance.
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. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. A flood
having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section
202.] The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance
flood.”
Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic
Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood
Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in
FBC, B, Section 202; see “Basement (for flood loads)”.]
Coastal construction control line. The landward extent of that portion of the beach dune system which is subject
to severe fluctuations based upon a one-hundred-year storm surge, storm waves or other predictable
weather conditions as established by the Department of Environmental protection, in accordance with F.S.
§ 161.053.The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the
official records of the community, which defines that portion of the beach-dune system subject to severe
fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
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Coastal high hazard area. The area subject to high velocity waters caused by, but not limited to, hurricane wave
wash. The area is designated on a FIRM as Zone V1—30, VE or V. A special flood hazard area extending
from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject
to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to
as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally
designated.
Design flood elevation. The elevation of the “design flood,” including wave height, relative to the datum specified
on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood
elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth
number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth
number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined
in FBC, B, Section 202.]
Development. As used in Section 6.05.00 Floodplain Management, any man-made change to improved or
unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary
structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading,
paving, excavations, drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood
hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Existing Construction Existing building and existing structure. Any buildings and structures for which the “start of
construction” commenced before December 20, 2011. [Also defined in FBC, B, Section 202.]
Existing 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 before August 13, 1981 December 20, 2011.
Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
Federal Emergency Management Agency (FEMA). Federal Emergency Management Agency The federal agency
that, in addition to carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas
from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact
with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in
FBC, B, Section 202.]
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Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally
designated.
Flood Insurance Rate Map (FIRM). An The official map of the community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard areas and the risk premium
zones applicable to the community. [Also defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official hydrology and hydraulics report provided by the Federal Emergency
Management Agency. The study contains an examination, evaluation, and determination of flood hazards,
and if appropriate, corresponding water surface elevations or an examination, evaluation, and
determination of mudslides (i.e., mudflow) and other flood-related erosion hazards. The study may also
contain flood profiles, as well as the Flood Insurance Rate Map, Flood Hazard Boundary Map (where
applicable) and other related data and information. The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map
(if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined
in FBC, B, Section 202.]
Floodplain Administrator. The office or position designated and charged with the administration and enforcement
of this ordinance (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the community, or other
evidence of approval or concurrence, which authorizes performance of specific development activities that
are located in flood hazard areas and that are determined to be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than
a designated height one (1) foot. [Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a
floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall
be prepared by a qualified Florida licensed engineer using standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building
Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building
Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent facility use. A facility which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage,
manufacture, sales or service facilities. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, including only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term
does not include long-term storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the
proposed walls or foundation of a structure.
Historic structure. As used in Section 6.05.00 Floodplain Management, any structure that is determined eligible for
the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
12 Historic Buildings.
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Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was
incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not
located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood
elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated
by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard
area. In order to qualify for this determination, the fill must have been permitted and placed in accordance
with the community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood
protection project or other project complies with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance
Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As used in Section 6.05.00 Floodplain Management, as defined in 40 C.F.R. 86.082-2, any motor
vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
Lowest floor. As used in Section 6.05.00, Flood Damage Prevention, means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage, in an area other than a basement, is not considered a building’s lowest floor,
provided that such enclosure is not built so as to render the structure in violation of applicable nonelevation
design standards. As used in Section 6.05.00 Floodplain Management, the lowest floor of the lowest
enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant
enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage
provided that such enclosure is not built so as to render the structure in violation of the non-elevation
requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. As used in Section 6.05.00, Flood Damage Prevention, means a building, transportable in one
(1) or more sections, which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. The term also includes park trailers, travel
trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days
or longer and intended to be improved property. As used in Section 6.05.00 Floodplain Management, a
structure, transportable in one or more sections, which is 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.]
Manufactured home park or subdivision. As used in Section 6.05.00 Floodplain Management, a parcel (or
contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Market value. As used in Section 6.05.00 Floodplain Management, the price at which a property will change hands
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between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both
having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market
value of buildings and structures, excluding the land and other improvements on the parcel. Market value
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated
for age and quality of construction), or tax assessment value adjusted to approximate market value by a
factor provided by the Property Appraiser.
New construction. As used in Section 6.05.00, Flood Damage Prevention, any structure for which the start of
construction commenced on or after August 13, 1981. The term also includes any subsequent
improvements to such structure. As used in Section 6.05.00 Floodplain Management, for the purposes of
administration of this ordinance and the flood resistant construction requirements of the Florida Building
Code, structures for which the “start of construction” commenced on or after December 20, 2011 and
includes any subsequent improvements to such structures.
New manufactured home park or subdivision. As used in Section 6.05.00 Floodplain Management, 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 August 13,
1981 December 20, 2011.
Park trailer. As used in Section 6.05.00 Floodplain Management, 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 section 320.01, F.S.]
Recreational vehicle. Any vehicle-type unit primarily designed not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use as defined in F.S. § 320.01. In addition, as
used in Section 6.05.00, Flood Damage Prevention, a recreational vehicle is a vehicle that is built on a single
chassis; measures four hundred (400) square feet or less when measured at the largest horizontal
projection; and is designed to be self-propelled or permanently towable by a light duty truck. As used in
Section 6.05.00 Floodplain Management, a vehicle, including a park trailer, which is: [See section 320.01,
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 light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Sand dunes. See Dune As used in Section 6.05.00, Flood Damage Prevention the term shall mean naturally occurring
accumulations of sand in ridges or mounds landward of the beach. Naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
Special flood hazard area. As used in Section 6.05.00 Floodplain Management, an area in the floodplain subject to
a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs
as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. (For other than new construction or substantial improvements under the Coastal Barrier
Resources Act (P. L. 97-348)), As used in Section 6.05.00, Flood Damage Prevention, includes substantial
improvement, and means the date the building permit was issued, 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 structure (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.
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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 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 a part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external
dimension of the building. As used in Section 6.05.00 Floodplain Management, the date of issuance of
permits for new construction and substantial improvements, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the
date of the issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings,
the installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or filling), the
installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection
of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of
construction” means the first alteration of any wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B
Section 202.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the
building or structure to its before-damaged condition would equal or exceed 50 percent of the market value
of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.]
Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building,
taking place during the life of a building, in which the cumulative cost equals or exceeds fifty percent (50%)
of the market value of the building. The market value of the building should be (1) the appraised value of
the building prior to the start of the initial repair or improvement, or (2) in the case of damage, the value
of the building prior to the damage occurring. This term includes structures which have incurred substantial
damage regardless of the actual repair work performed. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
building. The term does not, however, include any project for improvement of a building required to comply
with existing health, sanitary or safety code specifications which are solely necessary to assure safe living
conditions. Any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a
building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or
structure before the improvement or repair is started. If the structure has incurred "substantial damage,"
any repairs are considered substantial improvement regardless of the actual repair work performed. The
term does not, however, include either: [Also defined in FBC, B, Section 202.]
(1) Any project for improvement of a building required to correct existing health, sanitary, or safety code
violations identified by the building official and that are the minimum necessary to assure safe living
conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued
designation as a historic structure.
Variance. As used in Section 6.05.00 Floodplain Management, a grant of relief from the requirements of this
ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits
construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building
Code.
Watercourse. As used in 6.05.00 Floodplain Management, a river, creek, stream, channel or other topographic
feature in, on, through, or over which water flows at least periodically.
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6.05.09 FLOOD RESISTANT DEVELOPMENT
A. BUILDINGS AND STRUCTURES
1. Design and construction of buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to Section 6.05.04(C) of this ordinance, buildings, structures, and facilities that are exempt from
the Florida Building Code, including substantial improvement or repair of substantial damage of such
buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and
flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code
that are not walled and roofed buildings shall comply with the requirements of Section 6.05.09(G) of this
ordinance.
2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in
part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard
area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
(2) Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
B. SUBDIVISIONS
1. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
2. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and
subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood
zones, and design flood
elevations, as appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres
and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 6.05.05(B)(1) of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Section 6.05.09(C) of
this ordinance.
C. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
1. Minimum requirements. All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
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systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
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 regulatory floodways. No development, including but not limited to site
improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory
floodway unless the floodway encroachment analysis required in Section 6.05.05(C)(1) of this ordinance
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. Subject to the limitations of this ordinance, fill shall be designed to be
stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood-related erosion and scour. In addition to these requirements, if
intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the
Florida Building Code.
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
6.05.05(C)(4) of this ordinance demonstrates that the proposed alteration will not increase the potential
for flood damage. Construction or restoration of dunes under or around elevated buildings and structures
shall comply with Section 6.05.09(G)(8)(3) of this ordinance.
D. MANUFACTURED HOMES
1. 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 this ordinance. If located seaward of the coastal construction control line, all
manufactured homes shall comply with the more restrictive of the applicable requirements.
2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood
hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard 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 this ordinance. Foundations for manufactured homes subject to
Section 6.05.09(D)(6) of this ordinance are permitted to be reinforced piers or other
foundation elements of at least equivalent strength.
(2) 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 this ordinance.
3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an adequately
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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 6.05.09(D)(5) 6.05.09(D)(6) of this ordinance, as applicable.
5. General elevation requirement. Unless subject to the requirements of Section 6.05.09(D)(6) of this
ordinance, 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 requirement for certain existing manufactured home parks and subdivisions. Manufactured
homes that are not subject to Section 6.05.09(D)(5) of this ordinance, 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:
(1) 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 Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) 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 above grade.
7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of
the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as applicable to the
flood hazard area.
8. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the
requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.
E. RECREATIONAL VEHICLES AND PARK TRAILERS
1. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas
shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or park
model is on wheels or jacking system, is attached to the site only by quick-disconnect type
utilities and security devices, and has no permanent attachments such as additions,
rooms, stairs, decks and porches.
2. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section
6.05.09(E)(1) of this ordinance for temporary placement shall meet the requirements of Section 6.05.09(D)
of this ordinance for manufactured homes.
F. TANKS
1. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the
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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 6.05.09(F)(3) of this ordinance shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
3. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above
the design flood elevation and attached to a supporting structure that is designed to prevent flotation,
collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet
the foundation requirements of the applicable flood hazard area.
4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design
flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
G. 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 this ordinance or the
Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 6.05.09(C)(4) of this ordinance if located in a regulated
floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
2. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the
passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section
6.05.09(C)(4) of this ordinance.
3. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and
driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section
6.05.09(C)(4) of this ordinance.
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 6.05.09(C)(4) of this ordinance. Alteration of a watercourse that is part of a road or
watercourse crossing shall meet the requirements of Section 6.05.09(C)(3) of this ordinance.
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5. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used
as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are
permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and
constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
6. Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida
Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in
compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed to
accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design professional
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection
that would increase damage to the building or structure or to adjacent buildings and
structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave 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 by the appropriate
federal, state or local authority; if located outside the footprint of, and not structurally attached to,
buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate
no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent buildings and structures. Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and
constructed to fail under flood conditions less than the design flood or otherwise function
to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
8. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
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horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave 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.
PART B CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION.
It is the intention of the Board of County Commissioners, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that
the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word
“Ordinance” shall be changed to “Section’ or other appropriate word.
PART F. FILING WITH FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to Florida Division
of Emergency Management at 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and email to
flood.ordinance@em.myflorida.com
PART G. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART H. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PART I. ADOPTION.
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After motion and second, the vote on this ordinance was as follows:
Commissioner Frannie Hutchinson, Chair XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Linda Bartz XXX
Commissioner Chris Dzadovsky XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this ______ day of _________________, 2018.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
______________________________ BY: _____________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
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Suggested motion to recommend approval/denial of this request:
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING
AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST.
LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE
PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE
BECAUSE….
[CITE REASON(S) WHY – PLEASE BE SPECIFIC]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING
AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST.
LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE
PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE
BECAUSE….
[CITE REASON(S) WHY – PLEASE BE SPECIFIC]
4.B.g
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SCH 2018-PZ
P&Z MEETINGS ARE SCHEDULED TO BE HELD AT 6:00PM ON THE 3 rd THURDAY OF EVERY MONTH
Thursday, March 15, 2018
BE SURE TO WATCH FOR CANCELLATIONS AND CHANGING DATES AND/OR TIMES
2018 P&Z COMMISSION MEETING SCHEDULE
Meeting Dates are Subject to Change, Especially During Holidays
Thursday, January 18, 2018
Thursday, February 15, 2018
Thursday, October 18, 2018
Thursday, November 15, 2018
Thursday, December 20, 2018
DUE TO BOCC BUDGET HEARINGS THE SEPTEMBER MEETING DATE IS TBD
Thursday, April 19, 2018
Thursday, May 17, 2018
Thursday, June 21, 2018
Thursday, July 19, 2018
Thursday, August 16, 2018
TBD (Due to BOCC Budget Hearings)
6.A
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