HomeMy WebLinkAboutFebruary 14, 2012 Special Meeting Agenda Packet~; _ ~,
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FEBRUARY 14, 2012
9:00 A.M.
SPECIAL MEETING
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED,
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a second or fourth Tuesday, which begins at 9;00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r~ior to
the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a
time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT -Time is allotted at the beginning of each meeting for. general public comment. Please limit
comments to five minutes.
DECORUM -Please be respectful of others' opinions,
MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the
first Tuesday at 6;00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised, Meetings are held in the
County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982.
The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments.
Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone
with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Community Services
Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
February 14, 2012
9:00 A.M.
SPECIAL MEETING
BOARD OF COUNTY COMMISSIONERS
www.co.st-lucie.fl.us
www.stlucieco.org
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Chris Dzadovsky, Chairman District No.1
Tod Mowery, Vice Chairman District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
Chris Craft, Chairman District No. 5
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INVOCATION
II. PLEDGE OF ALLEGIANCE
III. PUBLIC COMMENT
CONSENT AGENDA
IV. PUBLIC WORKS
Engineering Division:
~,~, f~ ~ Capron Trails Mine
~-~l.J Consider staff recommendation to approve to schedule a public hearing to be held March
6, 2012 at 6:00 p.m. or soon thereafter to consider the request of Capron Trails mine to
increase the hours of operation.
PUBLIC HEARING
V. PUBLIC WORKS
Water Quality Division:
Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention Provisions of Land
Development Code
I Staff recommends the Board of County Commissioners take the following action:
1. Declare the existence of an emergency due to the pending February 16, 2012 suspension
of the County's eligibility for participation in the National Flood Insurance Program,
determine immediate enactment of proposed Ordinance No. 12-010 is necessary, and
waive the Section 125.66(2), Florida Statutes, notice requirements for adoption of
proposed Ordinance No. 12-010.
~. 2. Adopt proposed Ordinance No. 12-010, as drafted.
PP
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in, Any party to the proceedings
will be granted the 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 & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428
at least forty-eight (48) hours prior to the meeting.
ITEM NO. IV
AGENDA REQUEST
DATE: 2/14/12
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
PRESENTED BY:
Michael Powley, P.E. (~
County Engineer ~'~~t
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Public Works/Engineering Division
SUBJECT: Capron Trails Mine
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval to schedule a public hearing to be held March 6, 2012 at 6:00 p.m. or soon
thereafter to consider the request of Capron Trails mine to increase the hours of operation.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED -- __~~ `~
( ) OTHER .
Faye W. Outlaw, MPA
Approved 5.0 County Administrator
County Attorney (x )
(x)
onald West
County Engineer (x) ~~~
Michael Powley
~! Coordination/Signatures
.
rti~ Originating Dept
Daniel McIntyre
Capron Trails Mine request PH.ag
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer ~`~~ ~`~
DATE: February 14, 2012
SUBJECT: Capron Trails Mine
ITEM NO. IV
Background:
To expedite the widening of I-95 in St. Lucie County, the Florida Department of Transportation (FDOT) has utilized
the design/build concept. The segment of I-95 between Indrio Road (SR614) and Oslo Road (north of the county
line) has been awarded to the team that includes the Capron Trails mine owned by Dickerson Florida, Inc. This
_- mine operates--under a mining permit issued-by the Board ofi County Commissioners: The-hours-of-operation,-per
the permit, are 6:00 a.m. to 6:00 p.m. Monday through Saturday.
In order to reduce the costs of the construction, as well as to lessen the impact on the traveling public, the
design/build team proposes to complete much of the work at night. A modification of the mining permit is
necessary in order to permit an increase of hours of operation to provide material at night. This request is very
similar to the previous request of the Florida Resources' Fort Pierce South mine for the I-95 link to the south.
Recommendation:
Board approval to schedule a public hearing to be held March 6, 2012 at 6:00 p.m. or soon thereafter to consider
the request of Capron Trails mine to increase the hours of operation.
. ~ _ . ~.~.
AGENDA REQUEST ITEM NO. V
Date: February 14, 2012
Regular [ ]
Public Hearing [X]
Consent [ ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Public Works Department
PRESENTED BY:
Christopher Lestrange, P.E.
Water Quality Division Manager
SUBJECT: Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention Provisions of Land
Development Code
BACKGROUND: See C.A. No. 12-0165
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners take the following action:
1. Declare the existence of an emergency due to the pending February 16, 2012 suspension of the
County's eligibilityfor participation in the National Flood Insurance Program, determine immediate
enactment of proposed Ordinance No. 12-010 is necessary, and waive the, Section 125.66(2),
Florida Statutes, notice requirements for adoption of proposed Ordinance No. 12-010.
2. Adopt proposed Ordinance No. 12-010, as drafted.
COMMISSION ACTION: CONCURRENCE:
[~(] APPROVED [ ]DENIED
[ ]OTHER:
Approved 5.0
- ~'
County Attorney:
Daniel S. McIntyre
Originating Dept.: ~~
Donald West, P.E.
Finance (Check for Copy only, if applicable):
Faye W. Outlaw, M.P.A.
County Administrator
Coordination/Sienatures
Mgt. & Bud et: Purchasing:
Other: Other:
Christophe str e, P.E.
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 12-0165
DATE: February 9, 2012
SUBIECT:~ Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention
Provisions of Land Development Code
BACKGROUND:
On December 20, 2011, the Board of County Commissioners adopted Ordinance No. 11-
031 which amended various sections of the Land Development Code regarding flood damage
prevention in~order to comply with the National Flood Insurance Program ("NFIP") standards
prior to the effective date of the new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Map for St. Lucie County. The new map will take effect on February 16, 2012.
The amendments set forth in Ordinance No. 11-031 were based upon direction received from
the Ffoodplain Administration Office of the State of Florida Department of Emergency
Management. On January 26, 2012, a FEMA representative contacted the Water Quality
Division Manager to request additional revisions to the Land Development Code. He further
advised that failure to adopt these revisions on or before February 16, 2012 would result in the
suspension of the County's eligibility to participate in the National Flood Insurance Program.
Such suspension would prevent County residents from obtaining National Flood Insurance and
would result in a break in coverage for those already insured pending reinstatement of the
County's participation in the program. Accordingly, a suspension would result in severe and
immediate hardship to those owning property in flood prone areas of the County.
A copy of proposed Ordinance No. 12-010 which incorporates the amendments
requested by FEMA is attached to this memorandum. As requested by FEMA, the proposed
ordinance amends Chapter 2..00.00 to incorporate NFIP references, requires submission of all
other permitting agency permits to the Planning and Development Services Director, and
consolidates existing flood damage prevention requirements into Section 6.05.00 of the Land
Development Code. FEMA staff has reviewed and approved the proposed ordinance.
Given the deadline for amending the ordinance, it is not possible to meet the notice
requirements set forth in Subsection 125.66(2), Florida Statutes, govern the adoption of County.
ordinances. Subsection 125.66(3), Florida Statutes, provides, however, for an emergency
enactment procedure which authorizes the waiver of such notice requirements by afour-fifths
vote of the Board declaring that an emergency exists and immediate enactment of the
ordinance is necessary.
1
b
RECOMMENDATION/CONCLUSION:
Staff recommends the Board of County Commissioners approve the following:
1. In accordance with Section 125.66(3), Florida Statutes, declare the existence of
an emergency due to the pending February 16, 2012 suspension of the County's
eligibility for participation in the National Flood Insurance Program, determine
immediate enactment of proposed Ordinance No. 12-010 is necessary, and
waive the Section 125.66(2), Florida Statutes, notice requirements for adoption
of proposed Ordinance No. 12-010.
2. Adopt proposed Ordinance No. 12-010, as drafted.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Public Works Director
Water Quality Division Manager
Deputy Clerk
w
1
ORDINANCE NO. 12-010
2 AN ORDINANCE AMENDING THE. ST. LUCIE COUNTY LAND
3 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00
4 (DEFINITIONS); AMENDING SECTION 6.05.02 (GENERAL
5 STANDARDS FOR FLOOD HAZARD REDUCTION) TO
6 REQUIRE ALL APPLICABLE STATE AND FEDERAL PERMITS
7 TO BE SUBSMITTED TO THE FLOODPLAIN
8 ADMINISTRATOR WITH THE DEVELOPMENT PERMIT
9 APPLICATION; AMENDING SECTION 6.05.03 (SPECIFIC
10 STANDARDS FOR FLOOD HAZARD REDUCTION) TO ADD
11 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
12 FLOOD ELEVATIONS AND FLOODWAYS; AMENDING
13 SECTION 6.05.04 (STANDARDS FOR STREAMS WITHOUT
14 ESTABLISHED BASED FLOOD ELEVATIONS) BY AMENDING
15 SECTION TITLE TO "STANDARDS FOR STREAMS WITH
16 ESTABLISHED BASE FLOOD ELEVATIONS BUT WITHOUT
17 FLOODWAYS'; AMENDING SECTION 6.05.05 (STANDARDS
18 FOR SUBDIVISION PROPOSALS) BY AMENDING SECTION
19 TITLE TO ADD "OTHER PROPOSED NEW DEVELOPMENT
20 AND DELETING MINIMUM SIZE REQUIltEMENT FOR
21 SUBMISSION OF BASED FLOOD ELEVATION DATA;
22 AMENDING SECTION 6.05.07 (ADMINISTRATION) TO
23 REQUIltE COPIES OF ADDITIONAL WATER MANAGEMENT
24 DISTRICT PERMITS BE SUBMISSED WITH OTHER PERMITS
25 PRIOR TO ISSUANCE OF A DEVELOPMENT PERMIT
26 AMENDING SECTION 10.01.25 (SPECIAL PROVISIONS
27 WHERE VARIANCE IS SOUGHT TO REQUIREMENTS OF
28 FLOOD DAMAGE PREVENTION) TO DELETE
29 CONSIDERATION OF IlVII'ACT ON HISTORICAL BUILDINGS
30 WHEN GRANTING VARIANCES; AMENDING SECTION
31 12.06.01 (JiTRISDICTION, AUTHORITY, AND DUTIES) TO
32 AMEND GENDER REFERENCE; PROVIDING FOR
33 CONFLICTING PROVISIONS; PROVIDING FOR
34 SEVERABILITY; PROVIDING FOR APPLICABLIITY;
35 PROVIDING FOR FILING WITH THE DEPARTMENT OF
36 STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR
37 ADOPTION; AND PROVIDING FOR CODIFICATION.
38
39 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
40 following determination:
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41 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
42 adopted the St. Lucie County Land Development Code.
43 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie
44 County Land Development Code, through the following Ordinances:
45 91-03 -March 14, 1991 91-09 -May 14, 1991
46 91-21 -November 7, 1991 92-17 -June 2, 1992
47 93-01 -February 16, 1993 93-03 -February 16, 1993
48 93-OS -May 25, 1993 93-06 -May 25, 1993
49 93-07 -May 25, 1993 94-07 -June 22, 1994
50 94-18 -August 16, 1994 94-21 -August 16, 1994
51 95-01 -January 10, 1995 96-10 -August 6, 1996
52 97-01 -March 4, 1997 97-09 -October 7, 1997
53 97-03 -September 2, 1997 99-01 -February 2, 1999
54 99-02 - Apri16, 1999 99-03 -August 17, 1.999
55 99-04 -August 17, 1999 99-OS -July 20, 1999
56 99-15 -July 20, 1999 99-16 -July 02, 1999
57 99-17 -September 7, 1999 99-18 -November 2, 1999
58 00-10 -June 13, 2000 00-11 -June 13, 2000
59 00-12 -June 13, 2000 00-13 -June 13, 2000
60 01-03 -December 18, 2001 02-OS -June 24, 2002
61 02-09 -March 5, 2002 02-20 -October 15, 2002
62 02-29 -October 15, 2002 03-OS -October 7, 2003
63 04-02 -January 20, 2004 04-07 - Apri120, 2004
64 04-33 -December 7, 2005 OS-O1 -March 15, 2005
65 OS-03 -August 2, 2005 OS-04 -August 2, 2005
66 OS-07- January 18, 2005 OS-16 -August 16, 2005
67 OS-23 -September 20, 2005 06-OS -April 18, 2006
68 06-13 -June 6, 2006 06-22 -July 18, 2006
69 06-30 -September 12, 2006 06-40 -August 1, 2006
70 06-47 -December 5, 2006 07-11 -February 6, 2007
71 07-15 -May 1, 2007 07-17 -June 5, 2007
72 07-32 -November 6, 2007 08-04 -March 11, 2008
73 08-08 -June 17, 2008 08-012 -September 9, 2008
74 08-025 -September 16, 2008 09-003 -January 20, 2009
75 09-013 -May 19, 2009 09-025 -October 6, 2009
76 10-003 -February 2, 2010 10-026 -September 7, 2010
77 10-034 November 9, 2010 11-031- December 20, 2011
78
79 3. On December 20, 2011, this Board adopted Ordinance No. 11-031 which provided for
80 certain amendments to Section 6.05.00, Flood Damage Prevention, of the St. Lucie Code Development
81 Code, based upon direction of the State of Florida Floodplain Management Office, Florida Division of
82 Emergency Management.
83
84 4. The Federal Emergency Management Administration ("FEMA") has issued updated
85 flood maps for St. Lucie County which will take effect on February 16, 2012.
.®..~...
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Underlined works are added. Page 2
86 5. FEMA has advised the County eligibility for participation in the National Flood
87 Insurance Program will be suspended if certain amendments to the Land Development Code are not
88 adopted on or before February 16, 2012.
89 6. Suspension of National Flood Insurance Program eligibility will result in severe and
90 immediate economic hardship for the residents of the County.
91 7. In accordance with the emergency enactment procedures set forth in Section 125.66(3),
92 Florida Statutes, this Board voted X-X in a special meeting on February 14, 2012 to waive the notice
93 requirements of Section 125.66(2), Florida Statutes, for a public hearing to consider adoption of proposed
94 Ordinance No. 2012-010, declare an emergency exists, and find immediate enactment of said ordinance is
95 necessary.
96 8. The proposed amendments to the St. Lucie County Land Development Code are
97 consistent with the general purpose, goals, objectives and standards of the St. Lucie County
98 Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of
99 St. Lucie County, Florida.
100 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
101 Lucie County, Florida:
102 PART A. THE SPECIFIC AMENDMENTS TO SECTION 2.00.00, DEFINITIONS, OF THE ST.
103 LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE:
104 Accessory Use: A structure or use that:
105 (1) Is subordinate to and serves an~i~stit~g the principal building or principal use;
106 (2) Is subordinate in area, extent, and purpose to the principal structure or principal use served;
107 (3) Cozrtributes to the comfort, convenience, or necessity of the occupant, business, or industry in
108 the principal structure or use; and
109 (4) Is located on the same lot as the principal structure or use.
110 Addition (to an Existing Buildinp~: As used in Section 6.05.00, Food Damage Prevention, means any
111 walled and roofed expansion to the perimeter or height of a building i~.~i~tne-a~tiarris ~d ~;`
112
113
114 ;a„ „a ~o ..+.. ,.+•„
115 Building: Any structure, including a roof supported by walls, designed or built for the support, enclosure,
116 shelter or protection of persons, animals, chattels, or property of any kind, that is erected for permanent
117 location on the ground. A manufactured building shall be considered a building for the purposes of this
118 Code. A mobile home shall not be considered a building for the purposes of this Code. As used in
119 Section 6 OS 00 Flood Damage Prevention the term shall mean a structure as defined in this Section.
120 Dune: A mound or ridge of loose sediment usually sand-sized sediment, lying upland of the beach, and
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Underlined works are added. Page 3
121 deposited by any natural or artificial mechanism, and may also include beach ridge, dune ridge, etc. As
122 used in Section 6 OS 00 Flood Damage Prevention the term shall mean naturally occurrin
123 accumulations of sand in rid~Les or mounds landward of the beach.
124 Elevated Building: A nonbasement building built to have the lowest floor elevated above the ground level
125 by '~'°°~" ~~ ~", "°'~a foundation per-irneter walls, pilings, columns1(posts, a~ piers} or shear walls-er
126 1}reelen~r~3~ w~l-ls.
127 Functionally Dependent Facility: A facility which cannot be used for its intended purpose unless it is
128 located or carried out in close proximity to water, such as a docking or port facility necessary for the
129 loading and unloading of cargo or passengers, shipbuilding; or ship repair
130 The term does not include long-term storage, manufacture, sales or service facilities.
131 North American Vertical Datum• (NAND) of 1988 means a vertical control used as a reference for
132 establishing_va ink elevations within the floodplain.
133 Structure: Anything constructed or installed, the use of which requires location on a parcel of land. It
134 does not include a movable structure, even when it is located on land that can be used for housing,
135 business, commercial, agricultural, or office purposes. "Structure" also includes fences, billboards,
136 swimming pools, and signs. Structures should meet ~ Florida Building Code requirements and be
137 permanently affixed. As used in Section 6.05.00 Flood Damage Prevention, the term shall mean a walled
138 and roofed building including_a has or l~uid storage tank that is principally above ground, as well as a
139 manufactured home.
140
141 Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a
142 building, taking place during the life of a building, in which the cumulative cost equals or exceeds fifty
143 percent (50%) of the market value of the building, The market value of the building should be (1) the
144 appraised value of the building prior to the start of the initial repair or improvement, or (2) in the case of
145 damage, the value of the building prior to the damage occurring. This term includes structures which have
146 incurred substantial damage regardless of the actual repair work performed. For the purposes of this
147 definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling,
148 floor or other structural part of the building commences, whether or not that alteration affects the external
149 dimensions of the building. The term does not, however, include any project for improvement of a
150 building required to comply with existing health, sanitary or safety code specifications which are solely
,.b. ..... .,
151 necessary to assure safe living conditions '+ +~ ~ "+'-"°t;;re l:ctcd c:: t'.:e'`'~t:c::~'. ??°~'"+°" °f
152 i'T .,+.,..~ D'.,.~~...,. +1__ C`~"~- T., ° _~v..., .,~f TJ_"~,...;.. Dl.,..°..
153 PART B. THE SPECIFIC AMENDMENTS TO SECTION 6.05.00 FLOOD DAMAGE
154 PREVENTION, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS
155 FOLLOWS, INCLUDE:
156 6.05.01. -General Provisions.
157 A. Purpose. It is the purpose of the Section to promote the public health, safety and general welfare and to
158 minimize public and private losses due to flood conditions in specific areas by provisions designed to:
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159 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion
160 hazards, or which result in damaging increases in erosion or in flood heights or velocities.
161 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
162 flood damage at the. time of initial development.
163 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are
164 involved in the accommodation of floodwaters.
165 4. Control filing, grading, dredging and other development which may increase erosion or flood damage;
166 and
167 5. Prevent or regulate the development of flood barriers which will unnaturally divert floodwaters or
168 which may increase flood hazards to other lands.
169 B. Objectives. The objectives of this Section are:
170 1. To protect human life and health;
171 2. To minimize expenditure of public money for costly flood projects;
172 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
173 the expense of the general public;
174 4. To minimize prolonged business interruptions;
175 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
176 and sewer lines, streets and bridges located in floodplains;
177 6. To help maintain a stable tax base by providing for the sound use and development of flood-prone
178 areas in such a manner as to minimize flood blight areas; and
179 7. To ensure that potential home buyers are notified that property is in a flood area.
180 C. Lands to which this Section Applies. This Section shall apply to all areas of special flood hazard within
181 the jurisdiction of St. Lucie County.
182 D. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified
183 by the Federal Emergency Management Agency in its Flood Insurance Study for St. Lucie County, dated
184 February 16, 2012, with accompanying maps and other supporting data, and any revision thereto, are
185 adopted by reference and declared to be a part of this Code.
186 E. Establishment of Development Permit. A development permit shall be required in conformance with
187 the provisions of this Section and Section 6.05.07 prior to the commencement of any development
188 activities.
189 F. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered
190 without full compliance with the terms of this Section and other applicable regulations.
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Underlined works are added. Page 5
191 G. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair any
192 existing easements, covenants, or deed restrictions. However, where this Section and another conflict or
193 overlap, whichever imposes more stringent restrictions shall prevail.
194 H. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is
195 considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
196 Larger floods can and will occur on rare occasions. Flood heights may- be increased by man-made or
197 natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses
198 permitted within such areas will be free from flooding or flood damages. This chapter shall not create
199 liability on the part of St. Lucie County or by any officer or employee thereof for any flood damages that
200 result from reliance on this chapter or any administrative decision lawfully made thereunder.
201 6.05.02. -General Standards for Flood Hazard Reduction.
202 A. General Standards. In all areas of special flood hazard the following provisions are required:
203 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse er
204 and lateral movement of the structure.
205 2. Manufactured homes shall be anchored to prevent flotation, collapse e~and lateral movement. Methods
206 of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
207 standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
208 3. New construction and substantial improvements shall be constructed with materials and utility
209 equipment resistant to flood damage.
210 4. New construction er-and substantial improvements shall be constructed by methods and practices that
211 minimize flood damage.
212 5. Electrical, heating, veirtilation, plumbing, air conditioning equipment and other service facilities shall
213 be designed and/or located so as to prevent water from entering or accumulating within the components
214 during conditions of flooding.
215. 6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
216 floodwaters into the system.
217 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
218 of floodwaters into the systems and discharges from the systems into floodwaters.
219 8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
220 contamination from them during flooding.
221 9. Any alteration, repair, reconstruction, or improvements to a building which is in compliance with the
222 provisions of this Section, shall meet the requirements of new construction as contained in this Section.
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223 10. Any alteration, repair, reconstruction, or improvements to a building which is not in compliance with
224 the provisions of this Section, shall be undertaken only if said nonconformity is not furthered, extended,
225 or replaced.
226 11. All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted_
227 to the Floodplain Administrator along with the application for development permit. Copies of such
228 permits shall be maintained on file with the development permit. State of Florida permits may include,
229 but not limited to, the following:
230
231 (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida
232 Statutes, Section (2Za) -Flood Protection and Floodplain Mana eg ment;
233
234 (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of
235 Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code;
236
237 (c) Florida Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage
238 Treatment and Disposal S_ stems;
239
240 (d) Florida Department of Environmental Protection, Coastal Construction Control Line: in
241 accordance with Chapter 161.053 F.S. Coastal Construction and Excavation;
242
243 (e) Florida Department of Environmental Protection: for activities that affect wetlands and
244 alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, Section 404 of the
245 Clean Water Act; and
246
247 (fl U.S. Fish and Wildlife Service: pursuant to the Endan er~Species Act, as amended.
248
249 6.05.03. -Specific Standards for Flood Hazard Reduction.
250 In all areas of special flood hazard where base flood elevation data has been provided, as set forth in
251 Section 6.05.01(D) or Section ~f~f4~ 6.05.07(BZ(12), the following provisions are required:
252 A. Residential Construction: New construction e~and substantial improvement of any residential building
253 shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid
254 foundation perimeter walls. be used to elevate a structure, openings sufficient to facilitate. the uneded
255 ° r°~~+^ °~ ~°°a ~~~°+°~^ automatic equalization of hydrostatic flood forces on exterior walls shall be
256 provided in accordance with standards of Section 6.05.03(C).
257 B. Nonresidential Construction: New construction er-and substantial improvement of any commercial,
258 industrial or other nonresidential building (or manufactured home) shall have the lowest floor, including
259 basement, elevated to or above the level of the base flood elevation. Buildings located in all A-Zones may
260 be floodproofed in lieu of being elevated provided that all areas of the building below the required
261 elevation are watertight with walls substantially impermeable to the passage of water and use structural
262 components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of
263 buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection
264 are satisfied. Such certification shall be provided to the r'~°~~~*'~ "~^^^^°m°„+ '~~°°^+^r Floodplain
265 Administrator as set forth in Section 6:E1~9~{~(-9-} 6.05.07(B,(11).
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266 C. Elevated Buildings: New construction er-and substantial improvements of elevated buildings that
267 include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation
268 shall be designed to preclude finished living space and designed to allow for the entry and exit of
269 floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
270 1. Designs for complying with this requirement must either be certified by a professional engineer or
271 architect or meet or exceed the following minimum criteria:
272 (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for
273 every square foot of enclosed area subject to flooding;
274 (b) The bottom of all openings shall be no higher than one (1) foot above grade; arid,
275 (c) Openings may be equipped with screens, louvers, valves or other coverings or .devices provided they
276 permit the automatic flow of floodwaters in both directions.
277 2. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage
278 door) or limited storage of maintenance equipment used in connection with the premises (standard
279 exterior door) or entry to the living area (stairway or elevator); and
280 3. The interior portion of such enclosed area shall not be finished or partitioned ^a-into separate
281 rooms.
282 D. Standards for manufactured homes and recreational vehicles:
283 1. All manufactured homes placed, or substantially improved, on i-n~liv~iy individual lots or parcels, in
284 expansions to existing manufactured home parks or subdivisions, or in substantially improved
285 manufactured home parks or subdivisions, must meet all the requirements for new construction, including
286 elevation and anchoring.
287 2. All manufactured homes placed or substantially improved in an existing manufactured home park or
288 subdivision must be elevated so that:
289 (a) The lowest floor of the manufactured home is elevated to or above base flood elevation, or
290 (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at
291 least an equivalent strength, of no less than thirty-six (36) inches in height above grade.
292 (c) The manufactured home must be securely anchored to the adequately anchored foundation system to
293 resist flotation, collapse and lateral movement.
294 (d) In an existing manufactured home park or subdivision on which a manufactured home has incurred
295 substantial damage as the result of a flood, any manufactured home placed or substantially improved must
296 meet the standards of Sections 6.05.03(D)(2)(a) and (c).
297 3. All recreational vehicles placed on sites must either:
298 (a) Be fully licensed and ready for highway use;
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299 (b) Be on the site for fewer than one hundred eighty (180) consecutive days; or,
300 (c) The recreational vehicle must meet all the requirements for new construction, including anchoring and
301 elevation requirements of Sections 6.05.03(D)(2)(a) through (c).
302. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
303 site only by quick disconnect type utilities and security devices and has no permanently attached
304 structures.
305 E. Floodways: Located within areas of special flood hazard established in Section 6.05.01(D), are areas
306 designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
307 floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions
308 shall apply:
309 1. Prohibit encroachments, including fill, new construction, substantial improvements and other
310 developments unless certification (with supporting technical data) by a registered professional engineer is
311 provided demonstrating that encroachments shall not result in any increase in flood levels during
312 occurrence of the base flood discharge.
313 2. If Section 6.05.03(E)(1) is satisfied, all new construction and substantial improvements shall comply
314 with all applicable flood hazard reduction provisions of Section 6.05.02 through Section 6.05.06 .
315 3. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured
316 homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in
317 an existing manufactured home park or subdivision provided the anchoring standards of section
318 6.05.02(A)(2) and the elevation standards of Section 6.05.03(A) and the encroachment standards of
319 Section 6.05.03(E)(1) are met.
320 F. Coastal High Hazard Areas (V ZONES): Located within the areas of special flood hazard established
321 in Section 6.05.01(D), are areas designated as coastal high hazard areas. These areas have special flood
322 hazards associated with wave wash; therefore, the following provisions shall apply:
323 1. All new construction and substantial improvements shall be located landward of the reach of the mean
324 high tide.
325 2. The bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or
326 columns) is elevated to no lower than the base flood elevation whether or not the structure contains a
327 basement.
328 3. All buildings or structures shall be securely anchored on pilings or columns.
329 4. All pile and column foundations and structures attached thereto shall be anchored to resist flotation,
330 collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all
331 building components. Water loading values shall equal or exceed the base flood. Wind loading values
332 shall be in accordance with the provisions of Section 13.00.00 of this Code.
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333 5. A registered professional engineer or architect shall certify that the design, specifications and plans for
334 construction are in compliance with provisions contained in Sections 6.05.03(F)(2), (3) and (4).
335 6. The Floodplain Administrator shall obtain and maintain a record of the elevation (in relation to mean
336 sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings
337 and columns) of all new and substantially improved structures.
338 7. Provide that all new construction and substantial improvements have the space below the lowest floor
339 either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or
340 insect screening intended to collapse under wind and water loads without causing collapse, displacement,
341 or other structural damage to the elevated portion of the building or supporting foundation system. For the
342 purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10
343 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading
344 resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local
345 codes) may be permitted only if a registered professional engineer or architect certifies with supporting
346 technical data that the designs proposed meet the following conditions:
347
348 a) Breakaway wall collapse shall result from water load less than that which would occur during the base
349 flood; and
350
351 b) The elevated portion of the building and supporting foundation system shall not be subject to collapse,
352 displacement, or other structural damage due to the effects of wind and water loads acting simultaneously
353 on all building components (structural and nonstructural). The water loading shall be those values
354 associated with the base flood. The wind loading values shall be those required by applicable Florida or
355 local, if more stringent than those of the State of Florida, building standards.
356
357 (c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such
358 space shall not be finished, partitioned into multiple rooms, or temperature-controlled.
359
360 8. There shall be no fill used as structural support. Limited ~~ non-compacted fill may be
361 used around the perimeter of a building for landscaping aesthetic purposes provided the fill will wash out
362 from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive
363 loading forces, ramping effects, or wave deflection. The Floodplain Administrator shall approve design
364 plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer,
365 architect, and/or soil scientist, which demonstrates with supporting technical data that the following
366 factors have been fully considered:
367 (a) Particle composition of fill material does not have a tendency for excessive natural compaction;
368 (b) Volume and distribution of fill will not cause wave deflection to adjacent properties; and
369 (c) Slope of fill will not cause wave runup or ramping.
370 9. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood
371 damage.
372 10. Prohibit the placement of manufactured homes (mobile homes) except in an existing manufactured
373 home (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in
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374 an existing manufactured home park or subdivision provided the standards of Section 6.05.03(F)(1)
375 through (9) are met.
376 11. Prohibit the placement of recreational vehicles except in an existing recreational vehicle park. A
377 recreational vehicle may be placed in an existing recreational vehicle park provided it is on the site for
378 either fewer than one hundred eighty (180) consecutive days; is fully licensed and ready for highway use;
379 or meets the requirements of Section 6.05.03(F)(1) through (9).
380 G. Standards for Streams without established Base Flood Elevations and FloodwaLs.
381
382 Located within the areas of special flood hazard established in Section 6.05.01(D), where there exist A-
383 Zones for which no base flood elevation data and regulatory floodwav have been provided or desi ng ated
384 by the Federal Emergenc~Management Agency, the following_provisions shall apply:
385
386 (1) Require standards of Section 6.05.02.
387
388 (2) Require that all new subdivision proposals and other proposed developments (including_proposals
389 for manufactured home parks and subdivisions~p~reater than SO lots or 5 acres, whichever is the
390 lesser include within such proposals base flood elevation data. Standards set forth in Section
391 6.05.03 shall apply.
392
393 (3) The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood
394 elevation and floodwav data available from a Federal, State of Florida, or any other source, in
395 order to administer the provisions of this ordinance. When such data is utilized, provisions of_
396 Section 6.05.03 shall apply. The Floodplain Administrator shall:
397
398 a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the
399 basement) of all new and substantially improved structures,
400
401 h) Obtain if the structure has been floodproofed in accordance with the requirements of
402 Section 6.05.03.B the elevation in relation to the mean sea level to which the structure has
403 been floodproofed, and
404
405 c} Maintain a record of all such information.
406
407 (4) Notify in riverine situations adjacent communities the Florida Department of Community
408 Affairs - NFIP Coordinating- Office and the South Florida Water Management District prior to
409 any alteration or relocation of a watercourse and submit copies of such notifications to FEMA.
410
411 (5) Assure that the flood carr~g capacity within the altered or relocated portion of any watercourse
412 is maintained:
413
414 (6) Manufactured homes shall be installed using methods and practices that minimize flood damage.
415 They must be elevated and anchored to prevent flotation, collapse, and lateral movement.
416 Methods of anchoring inay include but are not limited to, use ofover-the-top or frame ties to
417 ground anchors This requirement is in addition to aFplicable State of Florida and local anchoring
418 requirements for resisting wind forces.
419
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420 (7) When the data is not available from any source in accordance with the standard set forth in
421 Section 6 OS 03 G (2) the lowest floor of the structure shall be elevated to no lower than three
422 feet above the highest adjacent~rade Standards set forth in Section 6.05.03 shall apply.
423
424 6.05.04. -Standards for Streams without Established Base Flood Elevations, but without a-n~l
425 Floodways.
426 Located within the areas of special flood hazard established in Section 6.05.01(D), where small streams
427 exist but where no base flood data has been provided or where no floodways have been provided, the
428 following provisions apply:
429 A. No encroachments, including fill material or structures shall be located in areas of special flood hazard
430 unless certification by a registered professional engineer is provided demonstrating that the cumulative
431 effect of the proposed development, when combined with all other existing and anticipated development
432 will not increase the water surface elevation of the base flood more than one (1) foot at any point within
433 the community. The engineering certification should be supported by technical data that conforms to
434 standard hydraulic engineering principles.
435 B. New construction er--and substantial improvements of buildings shall be elevated or floodproofed to
436 elevations established in accordance with Section ~.~~.~'"~"" ` 6.05.03(A) through (D).
437 6.05.05. -Standards for Subdivision Proposals and Other Proposed New Development.
438 A. All subdivision proposals and other proposed new development shall be consistent with the need to
439 minimize flood damage.
440 B. All subdivision proposals and other proposed new development shall have public utilities and facilities
441 such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
442 C. All subdivision proposals and other proposed new development shall have adequate drainage provided
443 to reduce exposure to flood hazards; and
444
445
446 ~:•.~ rc~ .,
447 6.05.06. -Standards for Areas of Shallow Flooding.
448 Located within the areas of special flood hazard established in Section 6.05.01(D), are areas designated as
449 shallow flooding areas. These areas have special flood hazard associated with base flood depths of one (1)
450 to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
451 unpredictable and indeterminate; therefore the following provisions apply:
452 A. All new construction and substantial improvements of residential buildings shall have the lowest floor,
453 including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet,
454 above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement,
455 shall be elevated at least two (2) feet above the highest adjacent grade.
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456 B. All new construction and substantial improvements of nonresidential structures shall:
457 1. Have the lowest floor, including basement, elevated to the depth number specified on the Flood
458 Insurance Rate Map, in feet, above the Highest adjacent grade. If no depth number is specified, the lowest
459 floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or
460 2. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level
461 so that any space below that level is watertight with walls substantially impermeable to the passage of
462 water and with structural components having the capability of resisting hydrostatic and hydrodynamic
463 loads and effects of buoyancy.
464 C. Adequate drainage paths around structures shall be provided on slopes to guide water away from
465 structures.
466 6.05.07. -Administration.
467 In addition to the administrative provisions in Chapter XI of this Code, the following provisions shall
468 apply.
469 A. Permit Procedures. Application for a development permit shall be made to the Floodplain
470 Administrator on forms furnished by him or her prior to any development activities, and may include, but
471 not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions
472 and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or
473 equipment; drainage facilities and the location of the foregoing. Specifically, the following information is
474 required:
475 1. Application Stage.
476 a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
477 buildings.
478 b. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
479 c. Certificate from a registered professional engineer or architect that the nonresidential floodproofed
480 structure will meet the floodproofing criteria in Section 6.05.03(B) and Section 6.05.07(A)(2).
481 d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
482 development.
483 e. Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the
484 lowest floor and provide a certification from a registered engineer or architect indicating that they have
485 developed and/or reviewed the structural designs, specifications and plans of the construction and
486 certified that they are in accordance with accepted standards of practice in Coastal High Hazard Areas.
487 2. Construction Stage.
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488 a. A floor elevation or floodproofing certification after the lowest floor is completed, or in instances
489 where the structure is subject to the regulations applicable to Coastal High Hazard areas, after placement
490 of horizontal structural members of the lowest floor.
491 b. No structural construction beyond the foundation shall be authorized until the required flood
492 certification has been submitted to and approved by the Floodplain Administrator in accordance with
493 subsection c. below.
494 c. Within twenty-one (2l) calendar days of establishment of the lowest floor elevation, or floodproofing
495 by whatever construction means, or upon placement of the horizontal structural members of the lowest
496 floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Floodplain
497 Administrator:
498 (1) A certification of the elevation of the lowest floor; or,
499 (2) Floodproofed elevation; or,
500 (3) The elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever
501 is applicable, in relation to mean seal level.
502 d. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or
503 professional engineer and certified by same. When floodproofing is utilized for a particular building, said
504 certification shall be prepared by or under the direct supervision of a professional engineer or architect
505 and certified by same.
506 e. The Floodplain Administrator shall review the floor elevation survey data submitted. Deficiencies
507 detected by such review shall be corrected by the permit holder immediately and prior to further
508 progressive work being permitted to proceed. Failure to submit the survey or failure to make said
509 corrections required hereby, shall be cause to issue a stopwork order for the prejeEt development.
510
511 B. Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator
512 shall include, but not be limited to:
513 1. Review permits to assure sites are reasonably safe from flooding.
514 2. Review all development permits to assure that the permit requirements of this Section have been
515 satisfied.
516 3. ^ a^~~° ~°~~„~**°° *'~°* Require copies of additional federal, er state and water management district
517 permits ,
518 be provided prior to issuance of a development permit and maintained on file with
519 the development permit.
520 4. Notifying adjacent communities, the Florida Division of Emergency Management State Floodplain
521 Management Office, the South Florida Water Management District, the Federal Emergency Management
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522 Agency, and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to
523 any alteration or relocation of a watercourse.
524 5. Notify the Federal Emergency Management Agency within six months when new technical or
525 scientific data becomes available to the community concerning physical changes affecting flooding
526 conditions so that risk premium rates and floodplain management requirements will be based on current
527 data.
528 6. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that
529 the flood carrying capacity is net-cfi-r~ti-r~i~#ed maintained.
530 7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) or
531 bottom of the lowest horizontal structural member of the lowest floor (V-Zones) of all new construction
532. er and substantially improved structures, in accordance with Section 6.05.03(A) and (B) and
533 6.05.03(F)(2), (3) and (4), respectively.
534 8. Verify and record the actual elevation (in relation to mean sea level) to which the new er and
535 substantially improved non-residential structures have been floodproofed, in accordance with Section
536 6.05.03(B).
537 9. In Coastal High Hazard areas certification shall be obtained from a registered professional engineer or
538 architect that the structure is designed to be securely anchored to adequately anchored pilings or columns
539 in order to withstand velocity waters and hurricane wave wash.
540 10. In Coastal High Hazard areas, the Floodplain Administrator shall review plans for the adequacy of
541 breakaway walls in accordance with Section 6.05.03(F)(7).
542 11. When floodproofing is utilized for a particular structure, the Floodplain Administrator shall obtain
543 certification from a registered professional engineer or architect in accordance with Section 6.05.03 (B).
544 12. Where interpretation is needed as to the exact location of boundaries of the areas of special. flood
545 hazard (for example, where there appears to be a conflict between a mapped boundary and actual field
546 conditions), the Floodplain Administrator shall make the necessary interpretation. The person contesting
547 the location of the. boundary shall be given a reasonable opportunity to appeal the interpretation as
548 provided in Section 10.01.25.
549 13. When base flood elevation data or floodway data have not been provided in accordance with Section
550 6.05.01(D), then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood
551 elevation and floodway data available from a federal, state or other source, in order to administer the
552 provisions of Sections 6.05.02 through 6.05.06.
553 14. All records pertaining to 'the provisions of this chapter shall be maintained in the office of the
554 Floodplain Administrator and shall be open for public inspection.
555 C. Penalties
556 Violations of this section may be enforced by the St. Lucie County Code Enforcement Board.
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557 This provision shall not preclude enforcement of this section in the .Circuit Court or as otherwise
558 authorized by law.
559 10.01.25. -Special Provisions Where Variance is Sought to Requirements of Flood Damage
560 Prevention.
561 A. Generally.
562
563 1. The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests
564 for variances from the requirements of Section 6.05.00, Flood Damage Prevention.
565
566 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any
567 requirement, decision, or determination made by the Floodplain Administrator in the enforcement or
568 administration of Section 6.05.00
569
570 3. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that
571 the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic
572 structure and the variance is the minimum to preserve the historic character and design of the structure.
573
574 B. Application Procedures.
575
576 1. A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall
577 apply for a variance on a form provided by the Floodplain Administrator.
578
579 2. An application fee as established by resolution of the Board of County Commissioners. shall
580 accompany the application.
581
582 3. The application shall be in such form. and contain such information and documentation as shall be
583 prescribed from time to time by the Floodplain Administrator, but shall contain at least the following:
584
585 a. Name and address of applicant.
586
587 b. Legal description of the property which is the subject of the application.
588
589 c. Size of the subject property.
590
591 d. The purpose for the requested variance and a statement of the intended development of properly if the
592 variance is granted.
593
594 e. A statement of the hardship imposed on the applicant by this Code and a statement of why the variance
595 will not be materially detrimental or injurious to other property or improvements in the neighborhood in
596 which the subject property is located.
597
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598 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or
5.99 receipt of additional information pursuant to this Section, the Floodplain Administrator shall examine the
600 application or information and notify the applicant of any apparent errors or omissions, and request such
601 additional information as may be necessary for the processing of the application.
602
603 5. Within thirty (30) working days after an application has been determined to be complete by the
604 Floodplain Administrator, he or she shall review the application, make a recommendation, and submit it
605 to the Board of Adjustment.
606
607 6. Upon notification that an application for a variance is complete, the Board of Adjustment shall place
608 the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with
609 Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use
610 the standards in Section 10.01.25(C) below. The. Board may require the applicant to meet certain
611 conditions before approval of the variance.
612
613 7. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving,
614 approving with conditions, or denying the variance.
615
616 8. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of
617 the Floodplain Administrator in accordance with Section 11.00.04(F).
618
619 9. Any applicant to whom a variance is granted shall be given written notice specifying the difference
620 between the base flood elevation and the elevation to which the structure is to be built and stating that the
621 cost of flood insurance will be commensurate with the increased risk to life and property resulting from
622 the red}tsed-lowest floor being located below the base flood elevation (as high as $25 per $100 of
623 covera e .
624
625 10. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such
626 decision to a court of competent jurisdiction as provided by the Florida Statutes.
627
628 11. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances
629 to the Federal Emergency Management Agency upon request.
630
631 C. General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall
632 consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and:
633
634 1. The danger that materials may be swept onto other lands to the injury of others;
635
636 2. The danger to life and property due to flooding or erosion damage;
637
638 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
639 damage on the individual owner;
640
641 4. The importance of the services provided by the proposed facility to the community;
642
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643 5. The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;
644
645 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed
645 use;
647
648 7. The compatibility of the proposed use with existing and anticipated development;
649
650 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program
651 for that area;
652
653 9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
654
655 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the
656 effects of wave action, if applicable, expected at the site; and,
657 11. The costs of providing governmental services during and after flood conditions including maintenance
658 and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and
659 bridges.
660
661 D. Ability to Impose Special Conditions. Upon consideration of the factors listed above and the purposes
662 of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of variances as it
663 deems necessary to further the purposes of Section 6.05.00
664
665 E. Variances Within Designated Floodways. Variances shall not be issued within any designated
666 floodway if any increase in flood levels during the base flood discharge would result.
667
668 F. Conditions for Variances.
669
670 1. Variances shall only be issued upon a determination that the variance is the minimum necessary,
671 considering the flood hazard, to afford relief; °~a ~~ *"° ~~°*^^^° °~ ^'~~^*^~~^^''"•''`'"'^, ^ `'°*°,..~.:~°~~^~
672
673 ~.
674
675 2. Variances shall only be issued upon:
676
677 a. A showing of good and sufficient cause;
678
679 b. A determination that failure to grant the variance would result in exceptional hardship; and,
680
681 c. A determination that the granting of a variance will not result in increased flood heights, additional
682 threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of
683 the public, or conflict with existing local laws or ordinances.
684
685 12.06.00 OFFICE OF THE PLANNING AND DEVELOPMENT SERVICES DIItECTOR
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Underlined works are added. Page 18
686 ~ 12.06.01. -Jurisdiction, Authority, and Duties.
687 In addition to the jurisdiction, authority, and duties which may be conferred on the Planning and
688 Development Services Director by other provisions, he or she shall also have the following powers and
689 duties under this Code.
690 A. The Planning and Development Services Director shall issue, vegetation removal, wastewater and
691 sewage disposal compliance, airport height permits, and wetlands permits in accordance with the
692 procedures in Section 11.05.00
693
694 B. The Plamling and Development Services Director shall grant or deny applications for Certificates of
695 Capacity Exemption, and Certificates of Capacity Variances in accordance with the procedures in Section
696 5.00.00
697
698 C. The Plamling and Development Services Director shall grant or deny applications for a Vested Rights
699 Special Use Permit in accordance with the procedures in Section 11.09.00 of this Code.
700 _
701 D. The Planning and Development Services Director, whenever a use is not specifically listed in Section
702 3.01.03 or in the administrative use regulations, shall make a determination as to whether the proposed
703 use is a use permitted by this Code, in accordance with Section 3.01.01
704
705 E. The Planning and Development Services Director shall serve as staff planner to the Planning and
706 Zoning Commission and the Board of County Commissioners, including the provision of aid and
707 technical assistance in:
708
709 1. The initiation, processing,. and review of applications for amendment to the Official Zoning Atlas as
710 provided in Section 11.06.00
711
712 2. The initiation, processing, and review of applications for amendment to the text of the Code as
713 provided in Section 11.06.00
714
715 3. The processing and review of applications for Planned Developments as provided in Section 11.02.00
716
717 4. The processing and review of applications for conditional use permits as provided in Section 11.07.00
718 of this Code;
719
720 5. The processing and review of site plans as provided in Section 11.02.00
721
722 6. The processing and review of applications requesting a Class A Mobile Home be defined as a detached
723 single-family dwelling, as provided in Section 11.05.02
724
725 F. The Plamling and Development Services Director shall serve as staff planner to the Board of
726 Adjustment, including the processing and provision of technical assistance in the review of variances, as
727 provided in Section 10.01.00
728
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Underlined works are added. Page 19
729 G. The Plamiing and Development Services Director shall maintain the Official Zoning Atlas.
730
731 H. The Planning and Development Services Director shall, whenever requested to do so by the Board of
732 County Commissioners, conduct or cause to be conducted, with the assistance of other county
733 departments if necessary, investigations, reports, surveys, studies,-maps, charts, and recommendations
734 with respect to matters before the Board of County Commissioners, the " Planning and Zoning
735 Commission, or the Board of Adjustment.
736
737 I. The Planning and Development Services Director shall serve as the Floodplain Administrator to
738 administer and implement the provisions of Section 6.05.00, Flood Damage Prevention.
739
740 PART C. CONFLICTING PROVISIONS.
741 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County
742 ordinances acid County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
743 by this ordinance to the extent of such conflict.
744 PART D. SEVERABILITY.
745 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or
746 void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
747 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding
748 shall not affect its applicability to any other person, property, or circumstance.
749 PART E. APPLICABILITY OF ORDINANCE.
750 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
751 PART F. FILING WITH THE DEPARTMENT OF STATE.
752 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
753 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
754 PART G. EFFECTIVE DATE.
755 This ordinance shall take effect on February 16, 2012.
756
757
758
759
760
761
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762 PART H. ADOPTION.
763 After motion and second, the vote on this ordinance was as follows:
764 Chairman Chris Dzadovsky XXX
765 Vice Chairman Tod Mowery XXX
766 Commissioner Frannie Hutchinson XXX
767 Commissioner Paula A. Lewis XXX
768 Commissioner Chris Craft XXX
769 PART I. CODIFICATION.
770 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and
771 the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections
772 of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that
773 parts C through I shall not be codified.
774
775 PASSED AND DULY ENACTED this XX day of XX, 2012.
776
777 BOARD OF COUNTY COMMISSIONERS
778 ATTEST: ST. LUCIE COUNTY, FLORIDA
779 BY:
780 Deputy Clerk Chairman
781
782 APPROVED AS TO FORM AND
783 CORRECTNESS:
784
785 BY:
786 County Attorney
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Underlined works are added. Page 21
. _ __ ,
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FEBRUARY 14, 2012
9:00 A.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS,
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests,
REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r~ior to
the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a
time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM -Please be respectful of others' opinions.
MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the
first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the
County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982,
The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments,
Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone
with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting,
February 14, 2012
9:00 A. M.
BOARD OF COUNTY COMMISSIONERS
wrww.cost•lucie.fl.us
www.stlucieco.org
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Chris Dzadovsky, Chairman District No.1
Tod Mowery, Vice Chairman District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
Chris Craft, Chairman District No. 5
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INVOCATION
II. PLEDGE OF ALLEGIANCE
III. PUBLIC COMMENT
CONSENT AGENDA
IV. PUBLIC WORKS
Engineering Division:
Capron Trails Mine
Consider staff recommendation to approve to schedule a public hearing to be held March
6, 2012 at 6:00 p.m. or soon thereafter to consider the request of Capron Trails mine to
increase the hours of operation.
PUBLIC HEARING
V. PUBLIC WORKS
Water Quality Division:
Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention Provisions of Land
Development Code
Staff recommends the Board of County Commissioners take the following action:
Declare the existence of an emergency due to the pending February 16, 2012 suspension
of the County's eligibility for participation in the National Flood Insurance Program,
determine immediate enactment of proposed Ordinance No. 12-010 is necessary, and
waive the Section 125.66(2), Florida Statutes, notice requirements for adoption of
proposed Ordinance No. 12-010.
2. Adopt proposed Ordinance No. 12-010, as drafted.
NOTICE; All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in, Any party to the proceedings
will be granted the 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 & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428
at least forty-eight (48) hours prior to the meeting,
ITEM NO. IV
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Public Works/Engineering Division
SUBJECT: Capron Trails Mine
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
DATE: .2/14112
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
PRESENTED BY:
Michael Powley, P.E. r
County Engineer ~~'~~C~
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval to schedule a public hearing to be held March 6, 2012 at 6:00 p.m. or soon
thereafter to consider the request of Capron Trails mine to increase the hours of operation.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
County Attorney (x )
(x)
onald West
County Engineer (x) ~~~
Michael Powley
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
~.~ ~ Originating Dept.
Daniel McIntyre
Capron Trails Mine request PH.ag
OtJ[ I~1TY ~~.~
Engineering Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
b`
FROM: Michael Powley, County Engineer ~~~~~`~
DATE: February 14, 2012
SUBJECT: Capron Trails Mine
ITEM NO. IV
Background:
To expedite the widening of I-95 in St. Lucie County, the Florida Department of Transportation (FDOT) has utilized
the design/build concept. The segment of I-95 between Indrio Road (SR614) and Oslo Road (north of the county
line) has been awarded to the team that includes the Capron Trails mine owned by Dickerson Florida, Inc. This
-- mirre operates-under a miningpermit issued by~the Board ofiCounty Commissioners: The hours-of-operation,-per
the permit, are 6:00 a.m. to 6:00 p.m. Monday through Saturday.
In order to reduce the costs of the construction, as well as to lessen the impact on the traveling public, the
design/build team proposes to complete much of the work at night. A modification of the mining permit is
necessary in order to permit an increase of hours of operation to. provide material at night. This- request is very
similar to the previous request of the Florida Resources' Fort Pierce South mine for the I-95 link to the south.
Recommendation:
Board approval to schedule a public hearing to be held March 6, 2012 at 6:00 p.m. or soon thereafter to consider
the request of Capron Trails mine fo increase the hours of operation.
y
~ - ~~ _ ; ~ _- 1 1 ~ ~-~
9 R
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Public Works Department
PRESENTED BY:
Christopher Lestrange, P.E.
Water Quality Division Manager
SUBIECT: Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention Provisions of Land
Development Code -
BACKGROUND: See C.A. No. 12-0165
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners take the following action:
1. Declare the existence of an emergency due to the pending February 16, 2012 suspension of the
County's eligibilityfor participation in the National Flood Insurance Program, determine immediate
enactment of proposed Ordinance No. 12-010 is necessary, and waive the Section 125.66(2),
Florida Statutes, notice requirements for adoption of proposed Ordinance No. 12-010.
2. Adopt proposed Ordinance No. 12-010, as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ]APPROVED [ ]DENIED
[ ]OTHER:
Faye W. Outlaw, M.P.A.
County Administrator
Coordination/Sienatures
County Attorney: Mgt. & Bud et: Purchasing:
Daniel 5. McIntyre
Originating Dept.: ~~ Other : Other : _
Donald West, P.E. Christophe str e, P.E.
Finance (Check for Copy only, if applicable):
AGENDA REQUEST ITEM NO. V
Date: February 14, 2012
Regular [ ]
Public Hearing [X]
Consent [ ]
w
u
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
T0: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. N O: 12-0165
DATE: February 9, 2012
SUBJECT: Ordinance No. 12-010 -Emergency Amendment of Flood Damage Prevention
Provisions of Land Development Code
BACKGROUND:
On December 20, 2011, the Board of County Commissioners adopted Ordinance No. 11-
031 which amended various sections of the Land Development Code regarding flood damage
prevention in order to comply with the National Flood Insurance Program ("NFIP") standards
prior to the effective date of the new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Map for St. Lucie County. The new- map will take effect on February 16, 2012.
The amendments set forth in Ordinance No. 11-031 were based upon direction received from
the Floodplain Administration Office of the State of Florida Department of Emergency
Management. On January 26, 2012, a FEMA representative contacted the Water Quality
Division Manager to request additional revisions to the Land Development Code. He further
advised that failure to adopt these revisions on or before February 16, 2012 would result in the
suspension of the County's eligibility to participate in the National Flood Insurance Program.
Such suspension would prevent County residents from obtaining National Flood Insurance and
would result in a break in coverage for those already insured pending reinstatement of the
County's participation in the program. Accordingly, a suspension would result in severe and
immediate hardship to those owning property in flood prone areas of the County.
A copy of proposed Ordinance No. 12-010 which incorporates the amendments
requested by FEMA is attached to this memorandum. As requested by FEMA, the proposed
ordinance amends Chapter 2.00.00 to incorporate NFIP references, requires submission of all
other permitting agency permits to the Planning and Development Services Director, and
consolidates existing flood damage prevention requirements into Section 6.05.00 of the Land
Development Code. FEMA staff has reviewed and approved the proposed ordinance.
Given the deadline for amending the ordinance, it is not possible to meet the notice
requirements set forth in Subsection 125.66(2), Florida Statutes, govern the adoption of County
ordinances. Subsection 125.66(3), Florida Statutes, provides, however, for an emergency
enactment procedure which authorizes the waiver of such notice requirements by afour-fifths
vote of the Board declaring that an emergency exists and immediate enactment of the
ordinance is necessary.
1
RECOMMENDATION/CONCLUSION:
Staff recommends the Board of County Commissioners approve the following:
1. In accordance with Section 125.66(3), Florida Statutes, declare the existence of
an emergency due to the pending February 16, 2012 suspension of the County's
eligibility for participation in the National Flood Insurance Program, determine
immediate enactment of proposed Ordinance No. 12-010 is necessary, and
waive the Section 125.66(2), Florida Statutes, notice requirements for adoption
of proposed Ordinance No. 12-010.
Adopt proposed Ordinance No. 12-010, as drafted.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Public Works Director
Water Quality Division Manager
Deputy Clerk
2
1
ORDINANCE NO. 12-010
2 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
3 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00
4 (DEFINITIONS); AMENDING SECTION 6.05.02 (GENERAL
5 STANDARDS FOR FLOOD HAZARD REDUCTION) TO
6 REQUIlZE ALL APPLICABLE STATE AND FEDERAL PERMITS
7 TO BE SUBSMITTED TO THE FLOODPLAIN
8 ADMINISTRATOR WITH THE DEVELOPMENT PERMIT
9 APPLICATION; AMENDING SECTION 6.05.03 (SPECIFIC
10 STANDARDS FOR FLOOD HAZARD REDUCTION) TO ADD
11 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
12 FLOOD ELEVATIONS AND FLOODWAYS; AMENDING
13 SECTION 6.05.04 (STANDARDS FOR STREAMS WITHOUT
14 ESTABLISHED BASED FLOOD ELEVATIONS) BY AMENDING
15 SECTION TITLE TO "STANDARDS FOR STREAMS WITH
16 ESTABLISHED BASE FLOOD ELEVATIONS BUT WITHOUT
17 FLOODWAYS'; AMENDING SECTION 6.05.05 (STANDARDS
18 FOR SUBDIVISION PROPOSALS) BY AMENDING SECTION
19 TITLE TO ADD "OTHER PROPOSED NEW DEVELOPMENT
20 AND DELETING MINIMUM SIZE REQUIREMENT FOR
21 SUBMISSION OF BASED FLOOD ELEVATION DATA;
22 AMENDING SECTION 6.05.07 (ADMINISTRATION) TO
23 REQUIltE COPIES OF ADDITIONAL WATER MANAGEMENT
24 DISTRICT PERMITS BE SUBMISSED WITH OTHER PERMITS
25 PRIOR TO ISSUANCE OF A DEVELOPMENT PERMIT
26 AMENDING SECTION 10.01.25 (SPECLAI. PROVISIONS
27 WHERE VARIANCE IS SOUGHT TO REQUIREMENTS OF
28 FLOOD DAMAGE PREVENTION) TO DELETE
29 CONSIDERATION OF IMPACT ON HISTORICAL BUILDINGS
30 WHEN GRANTING VARIANCES; AMENDING SECTION
31 12.06.01 (JURISDICTION, AUTHORITY, AND DUTIES) TO
32 AMEND GENDER REFERENCE; PROVIDING FOR
33 CONFLICTING PROVISIONS; PROVIDING FOR
34 SEVERABILITY; PROVIDING FOR APPLICABLIITY;
35 PROVIDING FOR FILING WITH THE DEPARTMENT OF
36 STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR
37 ADOPTION; AND PROVIDING FOR CODIFICATION.
38
39 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
40 following determination:
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Underlined works are added. Page 1
41 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
42 adopted the St. Lucie County Land Development Code.
43 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie
44 County Land Development Code, through the following Ordinances:
45 91-03 -March 14, 1991 91-09 -May 14, 1991
46 91-21 -November 7, 1991 92-17 -June 2, 1992
47 93-01 -February 16, 1993 93-03 -February 16, 1993
48 93-OS -May 25, 1993 93-06 -May 25, 1993
49 93-07 -May 25, 1993 94-07 -June 22, 1994
50 94-18 -August 16, 1994 94-21 -August 16, 1994
51 95-01 -January 10, 1995 96-10 -August 6, 1996
52 97-01 -March 4, 1997 97-09 -October 7, 1997
53 97-03 -September 2, 1997 99-01 -February 2, 1999
54 99-02 - Apri16, 1999 99-03 -August 17, 1999
55 99-04 -August 17, 1999 99-OS -July 20, 1999
56 99-15 -July 20, 1999 99-16 -July 02, 1999
57 99-17 -September 7, 1999 99-18 -November 2, 1999
58 00-10 -June 13, 2000 00-11 -June 13, 2000
59 00-12 -June 13, 2000 00-13 -June 13, 2000
60 01-03 -December 18, 2001 02-OS -June 24, 2002
61 02-09 -March 5, 2002 02-20 -October 15, 2002
62 02-29 -October 15, 2002 03-OS -October 7, 2003
63 04-02 -January 20, 2004 04-07 - Apri120, 2004
64 04-33 -December 7, 2005 OS-O1 -March 15, 2005
65 OS-03 -August 2, 2005 OS-04 -August 2, 2005
66 OS-07- January 18, 2005 OS-16 -August 16, 2005
67 OS-23 -September 20, 2005 06-OS -April 18, 2006
68 06-13 -June 6, 2006 06-22 -July 18, 2006
69 06-30 -September 12, 2006 06-40 -August 1, 2006
70 06-47 -December 5, 2006 07-11 -February 6, 2007
71 07-15 -May 1, 2007 07-17 -June 5, 2007
72 07-32 -November 6, 2007 OS-04 -March 11, 2008
73 08-08 -June 17, 2008 08-012 -September 9; 2008
74 08-025 -September 16, 2008 09-003 -January 20, 2009
75 09-013 -May 19, 2009. 09-025 -October 6, 2009
76 10-003 -February 2, 2010 10-026 -September 7, 2010
77 10-034 November 9, 2010 11-031 -December 20, 2011
78
79 3. On December 20, 2011, this Board adopted Ordinance No. 11-031 which provided for
80 certain amendments to Section 6.05.00, Flood Damage Prevention, of the St. Lucie Code Development
81 Code, based upon direction of the State of Florida Floodplain Management Office, .Florida Division of
82 Emergency Management.
83
84 4. The Federal Emergency Management Administration ("FEMA") has issued updated
85 flood maps for St. Lucie County which will take effect on February 16, 2012.
Struck through words are deleted.
Underlined works are added. Page 2
86 5. FEMA has advised the County eligibility for participation in the National Flood
87 Insurance Program will be suspended if certain amendments to the Land Development Code are not
88 adopted on or before February 16, 2012.
89 6. Suspension of National Flood Insurance Program eligibility will result in severe and
90 immediate economic hardship for the residents of the County.
91 7. In accordance with the emergency enactment procedures set forth in Section 125.66(3),
92 Florida Statutes, this Board voted X-X in a special meeting on February 14, 2012 to waive the notice
93 requirements of Section 125.66(2), Florida Statutes, for a public hearing to consider adoption of proposed
94 Ordinance No. 2012-010, declare an emergency exists, and find immediate enactment of said ordinance is
95 necessary.
96 8. The proposed amendments to the St. Lucie County Land Development Code are
97 consistent with the general purpose, goals, objectives and standards of the St. Lucie County
98 Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of
99 St. Lucie County, Florida.
100 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
101 Lucie County, Florida:
102 PART A. THE SPECIFIC AMENDMENTS TO SECTION 2.00.00, DEFINITIONS, OF THE ST.
103 LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE:
104 Accessory Use: A structure or use that:
105 (1) Is subordinate to and serves ax-e~~ the principal building or principal use;
106 (2) Is subordinate in area, extent, and purpose to the principal structure or principal use served;
107 (3) Contributes to the comfort, convenience, or necessity of the occupant, business, or industry in
108 the principal structure or use; and
109 (4) Is located on the same iot as the principal structure or use.
110 Addition (to an Existing Building: As used in Section 6.05.00, Flood Damage Prevention, means any
111 walled and roofed expansion to the perimeter or height of a building ' ''' 1. t'.:_ ..aa:t:.,...,, _...-- °~±°a'~•
112 .
113
114 .,:ao..o,~ „ .,~~.-.,,.~:,.~
115 Building.• Any structure, including a roof supported by walls, designed or built for the support, enclosure,
116 shelter or protection of persons, animals, chattels, or property of any kind, that is erected for permanent
117 location on the ground. A manufactured building shall be considered a building for the purposes of this
118 Code. A mobile home shall not be considered a building for the purposes of this Code. As used in
119 Section 6 OS 00 Flood Damage Prevention the term shall mean a structure as defined in this Section.
120 Dune: A mound or ridge of loose sediment usually sand-sized sediment, lying upland of the beach, and
~~
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121 deposited by any natural or artificial mechanism, and may also include beach ridge, dune ridge, etc. As
122 used in Section 6 OS 00 Flood Damage Prevention the term shall mean naturally occurrin
123 accumulations of sand in ridges or mounds landward of the beach.
124 Elevated Building: A nonbasement building built to have the lowest floor elevated above the ground level
125 by m°~~~ ^~ ~", ~^'~a foundation per~~ walls, pilings, columns, (posts, ~ piers}; or shear walls-er
126 tir°„v.,.,,.,,,,,,.,ii~
127 Functionally Dependent Facility: A facility which cannot be used for its intended purpose unless it is
128 located or carried out- in close proximity to water, such as a docking or port facility necessary for the
129 loading and unloading of cargo or passengers, shipbuilding; or ship repair ~ ~°~~ ^a ~~^^^^~~~^ ~ ^~'~~~ ~.
130 The term does not include long-term storage, manufacture, sales or service facilities.
131 North American Vertical Datum • (NAND) of 1988 means a vertical control used as a reference for
132 establishing varyin~~elevations within the floodplain.
133 Structure: Anything constructed or installed, the use of which requires location on a parcel of land. It
134 does not include a movable structure, even when it is located on land that can be used for housing,
135 business, commercial, agricultural, or office purposes. "Structure" also includes fences, billboards,
136 swimming pools, and signs. Structures should meet S~ Florida Building Code requirements and be
137 permanently affixed. As used in Section 6 OS 00 Flood Damage Prevention the term shall mean a walled
138 and roofed building including_a gas or liquid storage tank that is principally above ground, as well as a
139 manufactured home.
140
141 Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a
142 building, taking place during the life of a building, in which the cumulative cost equals or exceeds fifty
143 percent (50%) of the market value of the building, The market value of the building should be (1) the
144 appraised value of the building prior to the start of the initial repair or improvement, or (2) in the case of
145 damage, the value of the building prior to the damage occurring. This term includes structures which have
146 incurred substantial damage regardless of the actual repair work performed. For the purposes of this
147 definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling,
148 floor or other structural part of the building commences, whether or not that alteration affects the external
149 dimensions of the building. The term does not, however, include any project for improvement of a
150 building required to comply with existing health, sanitary or safety code specifications which are solely
151 necessary to assure safe living conditions '+ +• ^~ ~ ~+~.,^;;:re ;.clew c:: ;?:e ?~rw±:en~uc..:~+°~ ..~
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152 i'T.-±---- D1 ~1 Q~ ~ T ~ f'i7' t Dl ~~
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153 PART B. THE SPECIFIC AMENDMENTS TO SECTION 6.05.00 FLOOD DAMAGE
154 PREVENTION, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS
155 FOLLOWS, INCLUDE:
156 6.05.01. -General Provisions.
157 A. Purpose. It is the purpose of the Section to promote the public health, safety and general welfare and to
158 minimize public and private losses due to flood conditions in specific areas by provisions designed to:
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159 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion
160 hazards, or which result in damaging increases in erosion or in flood heights or velocities.
161 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
162 flood damage at the time of initial development.
163 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are
164 involved in the accommodation of floodwaters.
165 4. Control filing, grading, dredging and other development which may increase erosion or flood damage;
166 and
167 5. Prevent or regulate the development of flood barriers which will unnaturally divert floodwaters or
168 which may increase flood hazards to other lands.
169 B. Objectives. The objectives of this Section are:
170 1. To protect human life and health;
171 2. To minimize expenditure of public money for costly flood projects;
172 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
173 the expense of the general public;
174 4. To minimize prolonged business interruptions;
175 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
176 and sewer lines, streets and bridges located in floodplains;
177 6. To help maintain a stable tax base by providing for the sound use and development of flood-prone
178 areas in such a manner as to minimize flood blight areas; and
179 7. To ensure that potential home buyers are notified that property is in a flood area.
180 C. Lands to which this Section Applies. This Section shall apply to all areas of special flood hazard within
181 the jurisdiction of St. Lucie County.
182 D. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified
183 by the Federal Emergency Management Agency in its Flood Insurance Study for St. Lucie County, dated
184 February 16, 2012, with accompanying maps and other supporting data, and any revision thereto, are
185 adopted by reference and declared to be a part of this Code.
186 E. Establishment of Development Permit. A development permit shall be required in conformance with
187 the provisions of this Section and Section 6.05.07 prior to the commencement of any development
188 activities.
189 F. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered
190 without full compliance with the terms of this Section and other applicable regulations.
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191 G. Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair any
192 existing easements, covenants, or deed restrictions. However, where this Section and another conflict or
193 overlap, whichever imposes more stringent restrictions shall prevail.
194 H. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is
195 considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
196 Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or
197 natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses
198 permitted within such areas will be free from flooding or flood damages. This chapter shall not create
199 liability on the part of St. Lucie County or by any officer or employee thereof for any flood damages that
200. result from reliance on this chapter or any administrative decision lawfully made thereunder.
201 6.05.02. -General Standards for Flood Hazard Reduction.
202 A. General Standards. In all areas of special flood hazard the following provisions are required:
203 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse er
204 and lateral movement of the structure.
205 2. Manufactured homes shall be anchored to prevent flotation, collapse er-and lateral movement. Methods
206 of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
207 standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
208 3. New construction and substantial improvements shall be constructed with materials and utility
209 equipment resistant to flood damage.
210 4. New construction e~and substantial improvements shall be constructed by methods and practices that
211 minimize flood damage.
212 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall
213 be designed and/or located so as to prevent water from entering or accumulating within the components
214 during conditions of flooding.
215 6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
216 floodwaters into the system.
217 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
218 of floodwaters into the systems and discharges from the systems into floodwaters.
219 8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
220 contamination from them during flooding.
221 9. Any alteration, repair, reconstruction, or improvements to a building which is in compliance with the
222 provisions of this Section, shall meet the requirements of new construction as contained in this Section.
~~
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223 10. Any alteration, repair, reconstruction, or improvements to a building which is not in compliance with
224 the provisions of this Section, shall be undertaken only if said nonconformity is not furthered, extended,
225 or replaced.
226 11. All applicable additional Federal State of Florida, and local permits shall be obtained and submitted_
227 to the Floodplain Administrator along with the application for development permit. Copies of such
228 permits shall be maintained on file with the development permit. State of Florida permits may include,
229 but not limited to, the following:
230
231 (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida_
232 Statutes, Section (2) (a) -Flood Protection and Floodplain Mana eg_ ment;
233
234 (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of
235 Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code;
236
237 (c) Florida Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage
238 Treatment and Disposal S std ems;
239
240 (d) Florida Department of Environmental Protection, Coastal Construction Control Line: in
241 accordance with Chapter 161.053 F.S. Coastal Construction and Excavation;
242
243 (e) Florida Department of Environmental Protection: for activities that affect wetlands and
244 alter surface water flows in conjunction with the U.S. Army Corps of Engineers, Section 404 of the
245 Clean Water Act; and
246
247 (fl U.S. Fish and Wildlife Service: pursuant to the Endan erg ed Species Act, as amended.
248
249 6.05.03. -Specific Standards for Flood Hazard Reduction.
250 In all areas of special flood hazard where base flood elevation data has been provided, as set forth in
251 Section 6.05.01(D) or Section b:0~-:A~'~(13)(~8~ 6.05.07(B~ 12), the following provisions are required:
252 A. Residential Construction: New construction er-and substantial improvement of any residential building
253 shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid
254 foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the wed
255 r°^*~ ^~ ~'^^a ~~~°*°r^ automatic equalization of hydrostatic flood forces on exterior walls shall be
256 provided in accordance with standards of Section 6.05.03(C).
257 B. Nonresidential Construction: New construction er-and substantial improvement of any commercial,
258 industrial or other nonresidential building (or manufactured home) shall have the lowest floor, including
259 basement, elevated to or above the level of the base flood elevation. Buildings located in all A-Zones may
260 be floodproofed in lieu of being elevated provided that all areas of the building below the required
261 elevation are watertight with walls substantially impermeable to the passage of water and use structural
262 components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of
263 buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection
264 are satisfied. Such certification shall be provided to the Floodplain
265 Administrator as set forth in Section 6~A~{~j(9-} 6.05.07(BZ(11).
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266 C. Elevated Buildings: New construction e~and substantial improvements of elevated buildings that
267 include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation
268 shall be designed to preclude finished living space and designed to allow for the entry and exit of
269 floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
270 1. Designs for complying with this requirement must either be certified by a professional engineer or
271 architect or meet or exceed the following minimum criteria:
272 (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for
273 every square foot of enclosed area subject to flooding;
274 (b) The bottom of all openings shall be no higher than one (1) foot above grade; and,
275 (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they
276 permit the automatic flow of floodwaters in both directions.
277 2. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage
278 door) or limited storage of maintenance equipment used in connection with the premises (standard
279 exterior door) or entry to the living area (stairway or elevator); and
280 3. The interior portion of such enclosed area shall not be finished or partitioned ^a-into separate
281 rooms.
282 D. Standards for manufactured homes and recreational vehicles:
283 1. All manufactured homes placed, or substantially improved, on hua"" individual lots or parcels, in
284 expansions to existing manufactured home parks or subdivisions, or in substantially improved
285 manufactured home parks or subdivisions, must meet all the requirements for new construction, including
286 elevation and anchoring.
287 2. All manufactured homes placed or substantially improved in an existing manufactured home park or
288 subdivision must be elevated so that:
289 (a) The lowest floor of the manufactured home is elevated to or above base flood elevation, or
290 (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at
291 least an equivalent strength, of no less than thirty-six (36) inches in height above grade.
292 (c) The manufactured home must be securely anchored to the adequately anchored foundation system to
293 resist flotation, collapse and lateral movement.
294 (d) In an existing manufactured home park or subdivision on which a manufactured home has incurred
295 substantial damage as the result of a flood, any manufactured home placed or substantially improved must
296 meet the standards of Sections 6.05.03(D)(2)(a) and (c).
297 3. All recreational vehicles placed on sites must either:
298 (a) Be fully licensed and ready for highway use;
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299 (b) Be on the site for fewer than one hundred eighty (180) consecutive days; or,
300 (c) The recreational vehicle must meet all the requirements for new construction, including anchoring and
301 elevation requirements of Sections 6.05.03(D)(2)(a) through (c).
302 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
303 site only by quick disconnect type utilities and security devices and has no permanently attached
304 structures.
305 E. Floodways: Located within areas of special flood hazard established in Section 6.05.01(D), are areas
306 designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
307 floodwaters which carry debris, potential projectiles and has erosion potential, the following provisions
308 shall apply:
309 1. Prohibit encroachments, including fill, new construction, substantial improvements and other
310 developments unless certification (with supporting technical data) by a registered professional engineer is
311 provided demonstrating that encroachments shall not result in any increase in flood levels during
312 occurrence of the base flood discharge.
313 2. If Section 6.05.03(E)(1) is satisfied, all new construction and substantial improvements shall comply
314 with all applicable flood hazard reduction provisions of Section 6.05.02 through Section 6.05.06 .
315 3. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured
316 homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in
317 an existing manufactured home park or subdivision provided the anchoring standards of section
318 6.05.02(A)(2) -and the elevation standards of Section 6.05.03(A) and the encroachment standards of
319 Section 6.05.03(E)(1) are met.
320 F. Coastal High Hazard Areas (Tj ZONES): Located within the areas of special flood hazard established
321 in Section 6.05.01(D), are areas designated as coastal high hazard areas. These areas have special flood
322 hazards associated with wave wash; therefore, the following provisions shall apply:
323 1. All new construction and substantial improvements shall be located landward of the reach of the mean
324 high tide.
325 2. The bottom of the lowest horizontal structural member of the _ lowest floor (excluding pilings or
326 columns) is elevated to no lower than the base flood elevation whether or not the structure contains a
327 basement.
328 3. All buildings or structures shall be securely anchored on pilings or columns.
329 4. All pile and column foundations and structures attached thereto shall be anchored to resist flotation,
330 collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all
331 building components. Water loading values shall equal or exceed the base flood. Wind loading values
332 shall be in accordance with the provisions of Section 13.00.00 of this Code.
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333 5. A registered professional engineer or architect shall certify that the design, specifications .and plans for
334 construction are in compliance with provisions contained in Sections 6.05.03(F)(2), (3) and (4).
335 6. The Floodplain Administrator shall obtain and maintain a record of the elevation (in relation to mean
336 sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings
337 and columns) of all new and substantially improved structures.
338 7. Provide that all new construction and substantial improvements have the space below the lowest floor
339 either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or
340 insect screening intended to collapse under wind and water loads without causing collapse, displacement,
341 or other structural damage to the elevated portion of the building or supporting foundation system. For the
342 purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10
343 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading
344 resistance of 20 pounds per square foot (either by design or when so required by State of Florida or local
345 codes) may be permitted only if a registered professional engineer or architect certifies with supporting
346 technical data that the designs proposed meet the following conditions:
347
348 a) Breakaway wall collapse shall result from water load less than that which would occur during the base
349 flood; and
350
351 b) The elevated portion of the building and supporting foundation system shall not be subject to collapse,
352 displacement, or other structural damage due to the effects of wind and water loads acting simultaneously
353 on all building components (structural and nonstructural). The water loading shall be those values
354 associated with the base flood. The wind loading values shall be those required by applicable Florida or
355 local, if more stringent than those of the State of Florida, building standards.
356
357 (c) Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such
358 space shall not be finished, partitioned into multiple rooms, or temperature-controlled.
359
360 8. There shall be no fill used as structural support. Limited rT°~ ^^m^°^*°a non-compacted fill may be
361 used around the perimeter of a building for landscaping aesthetic purposes provided the fill will wash out
362 from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive
363 loading forces, ramping effects, or wave deflection. The Floodplain Administrator shall approve design
364 plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer,
365 architect, and/or soil scientist, which demonstrates with sup~ortin~ technical data that the following
366 factors have been fully considered:
367 (a) Particle composition of fill material does not have a tendency for excessive natural compaction;
368 (b) Volume and distribution of fill will not cause wave deflection to adjacent properties; and
369 (c) Slope of fill will not cause wave runup or ramping.
370 9. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood
371 damage.
372 10. Prohibit the placement of manufactured homes (mobile homes) except in an existing manufactured
373 Home (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in
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374 an existing manufactured home park or subdivision provided the standards of Section 6.05.03(F)(1)
375 through (9) are met.
376 11. Prohibit the placement of recreational vehicles except in an existing recreational vehicle park. A
377 recreational vehicle may be placed in an existing recreational vehicle park provided it is on the site for
378 either fewer than one hundred eighty (180) consecutive days; is fully licensed and ready for highway use;
379 or meets the requirements of Section 6.05.03(F)(1) through (9).
380 G. Standards.for Streams without established Base Flood Elevations and Floodways.
381
382 Located within the areas of special flood hazard established in Section 6.05.01(D), where there exist A
383 Zones for which no base flood elevation data and re ug latorx floodwav have been provided or desi ng ated
384 >~ the Federal Emergency Management Agency, the followingprovisions shall apply:
385
386 (1) Require standards of Section 6.05.02.
387
388 (2) Require that all new subdivision proposals and other proposed developments (including_proposals
389 for manufactured hom~arks and subdivisions~reater than SO lots or 5 acres, whichever is the
390 lesser include within such proposals base flood elevation data. Standards set forth in Section
391 .6.05.03 shall apply.
392
393 (3) The Floodplain Administrator shall obtain review and reasonably utilize any base flood
394 elevation and floodwav data available from a Federal, State of Florida, or any other source, in
395 order to administer the provisions of this ordinance. When such data is utilized, provisions of
396 Section 6.05.03 shall apply. The Floodplain Administrator shall:
397
398 ~~.) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the
399 basement) of all new and substantially improved structures,
400
401 h) Obtain if the structure has been flood roofed in accordance with the requirements of
402 Section 6.05.03.B the elevation in relation to the mean sea level to which the structure has
403 been floodproofed, and
404
405 c) Maintain a record of all such information.
406
407 (4) Notify in riverine situations adjacent communities the Florida Department of Community
408 Affairs - NFIP Coordinating Office and the South Florida Water Management District prior to
409 any alteration or relocation of a watercourse and submit cries of such notifications to FEMA.
410
411 (5) Assure that the flood carrying capacity within the altered or relocated portion of andwatercourse
412 is maintained.
413
414 (6) Manufactured homes shall be installed using methods and practices that minimize flood damage.
415 They must be elevated and anchored to prevent flotation, collapse, and lateral movement.
416 Methods of anchoring may include but are not limited to, use of over-the-top or frame ties to
417 ground anchors This requirement is in addition to applicable State of Florida and local anchoring
418 requirements for resisting wind forces.
419
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420 (7) When the data is not available from an_y source, in accordance with the standard set forth in
421 Section 6.05.03.G.(2), the lowest floor of the structure shall be elevated to no lower than three
422 feet above the hi hest adjacent grade. Standards set forth in Section 6.05.03 shall apply.
423
424 6.05.04. -Standards for Streams withent Established Base Flood Elevations, but without a~
425 Floodways.
426 Located within the areas of special flood hazard established in Section 6.05.01(D), where small streams
427 exist but where no base flood data has been provided or where no floodways have been provided, the
428 following provisions apply:
429 A. No encroachments, including fill material or structures shall be located in areas of special flood hazard
430 unless certification by a registered professional engineer is provided demonstrating that the cumulative
431 effect of the proposed .development, when combined with all other existing and anticipated development
432 will not increase the water surface elevation of the base flood more than one (1) foot at any point within
433 the community. The engineering certification should be supported by technical data that conforms to
434 standard hydraulic engineering principles.
435 B. New construction e~and substantial improvements of buildings shall be elevated or floodproofed to
436 elevations established in accordance with Section ~,nc n~iuv, ~ ~ 6.05.03(A through (D).
437 6.05.05. -Standards for Subdivision Proposals and Other Proposed New Development.
438 A. All subdivision proposals and other proposed new development shall be consistent with the need to
439 minimize flood damage.
440 B. All subdivision proposals and other proposed new development shall have public utilities and facilities
441 such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
442 C. All subdivision proposals and other proposed new development shall have adequate drainage provided
443 to reduce exposure to flood hazards; and
444
445
446 ~:..,, icy ..
447 6.05.06. -Standards for Areas of Shallow Flooding.
448 Located within the areas of special flood hazard established in Section 6.05.01(D), are areas designated as
449 shallow flooding areas. These areas have special flood hazard associated with base flood depths of one (1)
450 to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
451 unpredictable and indeterminate; therefore the following provisions apply:
452 A. All new construction and substantial improvements of residential buildings shall have the lowest floor,
453 including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet,
454 above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement,
455 shall be elevated at least two (2) feet above the highest adjacent grade.
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456 B. All new construction and substantial improvements of nonresidential structures shall:
457 1. Have the lowest floor, including basement, elevated to the depth number specified on the Flood
458 Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest
459 floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or
460 2. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level
461 so that any space below that level is watertight with walls substantially impermeable to the passage of
462 water and with structural components having the capability of resisting hydrostatic and hydrodynamic
463 loads and effects of buoyancy.
464 C. Adequate drainage paths around structures shall be provided on slopes to guide water away from
465 structures.
466 6.05.07. -Administration.
467 In addition to the administrative provisions in Chapter XI of this Code, the following provisions shall
468 apply.
469 A. Permit Procedures. Application for a development permit shall be made to the Floodplain
470 Administrator on forms furnished by him or her prior to any development activities, and may include, but
471 not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions
472 and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or
473 equipment; drainage facilities and the location of the foregoing. Specifically, the following information is
474 required:
475 1. Application Stage.
476 a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
477 buildings.
478 b. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
479 c. Certificate from a registered professional engineer or architect that the nonresidential floodproofed
480 structure will meet the floodproofing criteria in Section 6.05.03(B) and Section 6.05.07(A)(2).
481 d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
482 development.
483 e. Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the
484 lowest floor and provide a certification from a registered engineer or architect indicating that they have
485 developed and/or reviewed the structural designs, specifications and plans of the construction and
486 certified that they are in accordance with accepted standards of practice in Coastal High Hazard Areas.
487 2. Construction Stage.
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488 a. A floor elevation or floodproofing certification after the lowest floor is completed, or in instances
489 where the structure is subject to the regulations applicable to Coastal High Hazard areas, after placement
490 of horizontal structural members of the lowest floor.
491 b. No structural construction beyond the foundation shall be authorized until the required flood
492 certification has been submitted to and approved by the Floodplain Administrator in accordance with
493 subsection c. below.
494 c. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing
495 by whatever construction means, or upon placement of the horizontal structural members of the lowest
496 floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Floodplain
497 Administrator:
498 (1) A certification of the elevation of the lowest floor; or,
499 (2) Floodproofed elevation; or,
500 (3) The elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever
501 is applicable, in relation to mean seal level.
502 d. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or
503 professional engineer and certified by same. When floodproofing is utilized for a particular building, said
504 certification shall be prepared by or under the direct supervision of a professional engineer or architect
505 and certified by same.
506 e. The Floodplain Administrator shall review the floor elevation survey data submitted. Deficiencies
507 detected by such review shall be corrected by the permit holder immediately and prior to further
508 progressive work being permitted to, proceed. Failure to submit the survey or failure to make said
509 corrections required hereby, shall be cause to issue a stopwork order for the ~ development.
510
511 B. Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator
512 shall include, but not be limited to:
513 1. Review permits to assure sites are reasonably safe from flooding.
514 2. Review all development permits to assure that the permit requirements of this Section have been
515 satisfied.
516 3. "a•~~~° ~°,-~,:,+°° ~~ Require copies of additional federal, er state and water management district
517 permits
518 be provided prior to issuance of a development permit and maintained on file with
519 the development permit.
520 4. Notifying adjacent communities, the Florida Division of Emergency Management State Floodplain
521 Management Office, the South Florida Water Management District, the Federal Emergency Management
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522 Agency, and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to
523 any alteration or relocation of a watercourse.
524 5. Notify the Federal Emergency Management Agency within six months when new technical or
525 scientific data becomes available to the community concerning physical changes affecting flooding
526 conditions so that risk premium rates and floodplain management requirements will be based on current
527 data.
528 6. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that
529 the flood carrying capacity is maintained.
530 7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) or
531 bottom of the lowest horizontal structural member of the lowest floor (V-Zones) of all new construction
532 er and substantially improved structures, in accordance with Section 6.05.03(A) and (B) and
533 6.05.03(F)(2), (3) and (4), respectively.
534 8. Verify and record the actual elevation (in relation to mean sea level) to which the new er and
535 substantially improved non-residential structures have been floodproofed, in accordance with Section
536 6.05.03(B).
537 9. In Coastal High Hazard areas certification shall be obtained from a registered professional engineer or
538 architect that the structure is designed to be securely anchored to adequately anchored pilings or columns
539 in order to withstand velocity waters and hurricane wave wash.
540 10. In Coastal High Hazard areas, the Floodplain Administrator shall review plans for the adequacy of
541 breakaway walls in accordance with Section 6.05.03(F)(7).
542 11. When floodproofing is utilized for a particular structure, the Floodplain Administrator shall obtain
543 certification from a registered professional engineer or architect in accordance with Section 6.05.03 (B).
544 12. Where interpretation is needed as to the exact location of boundaries of the areas of special flood
545 hazard (for example, where there appears to be a conflict between a mapped boundary and actual field
546 conditions), the Floodplain Administrator shall make the necessary interpretation. The person contesting
547 the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
548 provided in Section 10.01.25.
549 13. When base flood elevation data or floodway data have not been provided in accordance with Section
550 6.05.01(D), then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood
551 elevation and floodway data available from a federal, state or other source, in order to administer the
552 provisions of Sections 6.05.02 through 6.05.06.
553 14. All records pertaining to the provisions of this chapter shall be maintained in the office of the
554 Floodplain Administrator and shall be open for public inspection.
555 C. Penalties
556 Violations of this section may be enforced by the St. Lucie County Code Enforcement Board.
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557 This provision shall not preclude enforcement of this section in the Circuit Court or as otherwise
558 authorized by law.
559 10.01.25. -Special Provisions Where Variance is Sought to Requirements of Flood Damage
5601 Prevention.
561 A: Generally.
562
563 1. The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests
564 for variances from the requirements of Section 6.05.00, Flood Damage Prevention.
565
566 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any
567 requirement, decision, or determination made by the Floodplain Administrator in the enforcement or
568 administration of Section 6.05.00
569
570 3. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that
571 the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic
572 structure and the variance is the minimum to preserve the historic character and design of the structure.
573
574 B. Application Procedures.
575
576 1. A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall
577 apply for a variance on a form provided by the Floodplain Administrator.
578
579 2. An application fee as established by resolution of the Board of County Commissioners shall
580 accompany the application.
581
582 3. The application shall be in such form and contain such information and documentation as shall be
583 prescribed from time to time by the Floodplain Administrator, but shall contain at least the following:
584
585 a. Name and address of applicant.
586
587 b. Legal description of the property which is the subject of the application.
588
589 c. Size of the subject property.
590
591 d. The purpose for the requested variance and a statement of the intended development of property if the
592 variance is granted.
593
594 e. A statement of the hardship imposed on the applicant by this Code and a statement of why the variance
595 will not be materially detrimental or injurious to other property or improvements in the neighborhood in
596 which the subject property is located.
597
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598 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or
599 receipt of additional information pursuant to this Section, the Floodplain Administrator shall examine the
600 application or information and notify the applicant of any apparent errors or omissions, and request such
601 additional information as may be necessary for the processing of the application.
602
603 5. Within thirty (30) working days after an application has been determined to be complete by the
604 Floodplain Administrator, he or she shall review the application, make a recommendation, and submit it
605 to the Board of Adjustment.
606
607 6. Upon notification that an application for a variance is complete, the Board of Adjustment shall place
608 the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with
609 Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use
610 the standards in Section 10.01.25(C) below. The. Board may require the applicant to meet certain
611 conditions before approval of the variance.
612
613 7. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving,
614 approving with conditions, or denying the variance.
615
616 8. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of
617 the Floodplain Administrator in accordance with Section 11.00.04(F).
618
619 9. Any applicant to whom a variance is granted shall be given written notice specifying the difference
620 between the base flood elevation and the elevation to which the structure is to be built and. stating that the
621 cost of flood insurance will be commensurate with the increased risk to life and property resulting from
622 the ~-lowest floor being located below the base flood elevation (as high as $25 per $100 of
623 covera e .
624
625 10. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such
626 decision to a court of competent jurisdiction as provided by the Florida Statutes.
627
628 11. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances
629 to the Federal Emergency Management Agency upon request.
630
631 C. General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall
632 consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and:
633
634 1. The danger that materials may be swept onto other lands to the injury of others;
635
636 2. The' danger to life and property due to flooding or erosion damage;
637
638 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
639 damage on the individual owner;
640
641 4. The importance of the services provided by the proposed facility to the community;
642
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643 5. The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;
644
645 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed
645 use;
647
648 7. The compatibility of the proposed use with existing and anticipated development;
649
650 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program
651 for that area;
652
653 9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
654
655 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the
656 effects of wave action, if applicable, expected at the site; and,
657 11. The costs of providing governmental services during and after flood conditions including maintenance
658 and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and
659 bridges.
660
661 D. Ability to Impose Special Conditions. Upon consideration of the factors listed above and the purposes
662 of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of variances as it
663 deems necessary to further the purposes of Section 6.05.00
664
665 E. Variances Within Designated Floodways. Variances shall not be issued within any designated
666 floodway if any increase in flood levels during the base flood discharge would result.
b67
668 F. Conditions for Variances.
669
670 1. Variances shall only be issued upon a determination that the variance is the minimum necessary,
671 considering the flood hazard, to afford relief; °~a ~~ +"° ~~^+~^°° ^~°'~~^+^,.:.,' ~,^;'a:~,., ° a^+^...~.:~..+:^.,
672
673 burg.
674
675 2. Variances shall only be issued upon:
676
677 a. A showing of good and sufficient cause;
678
679 b. A determination that failure to grant the variance would result in exceptional hardship; and,
680
681 c. A determination that the granting of a variance will not result in increased flood heights, additional
682 threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of
683 the public, or conflict with existing local laws or ordinances.
684
685 I 12.06.00 OFFICE OF THE PLANNING AND DEVELOPMENT SERVICES DIltECTOR
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686 ~ 12.06.01. -Jurisdiction, Authority, and Duties.
687 In addition to the jurisdiction, authority, and duties which may be conferred on the Planning and
688 Development Services Director by other provisions, he or she shall also have the following powers and
689 duties under this Code.
690 A. The Planning and Development Services Director shall issue, vegetation removal, wastewater and
691 sewage disposal compliance, airport height permits, and wetlands permits in accordance with the
692 procedures in Section 11.05.00
693
694 B. The Planning and Development Services Director shall grant or deny applications for Certificates of
695 Capacity Exemption, and Certificates of Capacity Variances in accordance with the procedures in Section
696 5.00.00
697
698 C. The Plamiing and Development Services Director shall grant or deny applications for a Vested Rights
699 Special Use Permit in accordance with the procedures in Section 11.09.00 of this Code.
700
701 D. The Planning and Development Services Director, whenever a use is not specifically listed in Section
702 3.01.03 or in the administrative use regulations, shall make a determination as to whether the proposed
703 use is a use permitted by this Code, in accordance with Section 3.01.01
704
705 E. The Planning and Development Services Director shall serve as staff planner to the Planning and
706 ~ Zoning Commission and the Board of County Commissioners, including the provision of aid and
707 technical assistance in:
708
709 1. The initiation, processing, and review of applications for amendment to the Official Zoning Atlas as
710 provided in Section 11.06.00
711
712 2. The initiation, processing, and review of applications for amendment to the text of the Code as
713 provided in Section 11.06.00
714
715 3. The processing and review of applications for Planned Developments as provided in Section 11.02.00
716
717 4. The processing and review of applications for conditional use permits as provided in Section 11.07.00
718 of this Code;
719
720 5. The processing and review of site plans as provided in Section 11.02.00
721
722 6. The processing and review of applications requesting a Class A Mobile Home be defined as a detached
723 single-family dwelling, as provided in Section 11.05.02
724
725 F. The Plamiing and Development Services Director shall serve as staff planner to the Board of
726 Adjustment, including the processing and provision of technical assistance in the review of variances, as
727 provided in Section 10.01.00
728
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J
729 G. The Planning and Development Services Director shall maintain the Official Zoning Atlas.
730
731 H. The Planning and Development Services Director shall, whenever requested to do so by the Board of
732 County Commissioners, conduct or cause to be conducted, with the assistance of other county
733 departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations
734 with respect to matters before the Board of County Commissioners, the Planning and Zoning
735 Commission, or the Board of Adjustment.
736
737 I. The Planning and Development Services Director shall serve as the Floodplain Administrator to
738 administer and implement the provisions of Section 6.05.00, Flood Damage Prevention.
739
740 PART C. CONFLICTING PROVISIONS.
741 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County
742 ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
743 by this ordinance to the extent of such conflict.
744 PART D. SEVERABILITY.
745 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or
746 void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
747 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding
748 shall not affect its applicability to any other person, property, or circumstance.
749 PART E. APPLICABILITY OF ORDINANCE.
750 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
751 PART F. FILING WITH THE DEPARTMENT OF STATE.
752 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
753 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
754 PART G. EFFECTIVE DATE.
755 This ordinance shall take effect on February 16, 2012.
756
757
758
759
760
761
~~.~
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762 PART H. ADOPTION.
763 After motion and second, the vote on this ordinance was as follows:
764 Chairman Chris Dzadovsky XXX
765 Vice Chairman Tod Mowery XXX
766 Commissioner Frannie Hutchinson XXX
767 Commissioner Paula A. Lewis XXX
768 Commissioner Chris Craft XXX
769 PART I. CODIFICATION.
770 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and
771 the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections
772 of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that
773 parts C through I shall not be codified.
774
775 PASSED AND DULY ENACTED this XX day of XX, 2012.
776
777 BOARD OF COUNTY COMMISSIONERS
778 ATTEST: ST. LUCIE COUNTY, FLORIDA
779 BY:
780 Deputy Clerk Chairman
781
782 APPROVED AS TO FORM AND
783 CORRECTNESS:
784
785 BY:
786 County Attorney
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