§ 152.06. Administration.

(a)

Designation of the floodplain administrator. The city engineer or their designee official is hereby appointed to administer and implement provisions of this chapter and is herein referred to as the floodplain administrator.

(b)

Permit procedures. Application for a site development permit shall be made to the floodplain administrator and/or building official on forms furnished by him or her prior to any site development activities and may include, but not be limited to the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; earthen fill; storage of materials or equipment; drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1)   

Application stage—Floodplain administrator:

a.

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;

b.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

Application stage—Building official:

a.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

b.

Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria of subsection 152.07(b)(2);

c.

Elevation in relation to mean sea level of the bottom of the lowest horizontal structural member of the lowest floor and provide a certification from a registered engineer or architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and certified that are in accordance with accepted standards of practice in coastal high hazard areas.

(2)

Construction stage. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the lowest horizontal structural member, whichever is applicable, it shall be the duty of the permit holder to submit to the building official a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the lowest horizontal structural member, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop- work order for the project.

(c)

Duties and responsibilities of the building official. Duties of the building official shall include, but not be limited to the following:

(1)

Require copies of additional Federal, State of Florida, or local permits, especially as they relate to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and 553, Part IV, Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit.

(2)

Verify and record the actual elevation (in relation to mean seal level) of the lowest floor (A-Zones) or bottom of the lowest horizontal structural member of the lowest floor (V-Zones) of all new and substantially improved buildings, in accordance with section 152.06.

(3)

Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood-proofed, in accordance with section 152.06.

(4)

In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.

(5)

In coastal high hazard areas, the building official shall review plans to ensure that if the area below the lowest horizontal structural member of the lowest floor is enclosed, it may be done so with open wood lattice and insect screening or with non-supporting breakaway walls that meet the standards of this chapter.

(6)

When floodproofing is utilized for a particular building, the building official shall obtain certification from a registered professional engineer or architect, in accordance with section 152.07, certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy and flood-borne debris in accordance with this chapter.

(7)

Where base flood elevation data is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with this chapter. All records pertaining to the provisions of this chapter shall be maintained in the office of the building official and shall be open for public inspection.

(d)

Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to the following:

(1)

Review all site development permits to assure sites are reasonably safe from flooding.

(2)

Require copies of additional federal, State of Florida, or local permits, especially as they relate to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and 553, Part IV, Florida Statutes, be submitted along with the development permit application and maintain such permits on file with the development permit.

(3)

Notify adjacent communities, the Florida Division of Emergency Management State Floodplain Management Office, the South Florida Water Management District, the Federal Emergency Management Agency, and other federal and/or State of Florida agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse.

(4)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

(5)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.

(6)

When base flood elevation data or floodway data has not been provided in accordance with subsection 152.05(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of section 152.07.

(7)

Notify FEMA within (6) months when new technical or scientific data becomes available to the community concerning physical changes affecting flooding conditions so that risk premium rates and Floodplain management requirements will be based on current data.

(e)

Variance procedures. Variance procedures shall be as follows:

(1)

The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)

The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official and/or floodplain administrator in the enforcement or administration of this chapter.

(3)

Variances may be issued for the repair or rehabilitation of historic structures (see section 152.04 for definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(4)

In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter; and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility:

f.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and Floodplain management program for that area;

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(5)

Upon consideration of the factors listed above, and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)

Conditions for variances. Conditions for variances shall be as follows:

a.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

b.

Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor being located below the base flood elevation.

d.

The building official and/or Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Florida Division of Emergency Management, State Floodplain Management Office and/or Federal Emergency Management Agency upon request.

(8)

Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(Ord. No. 12-06, § 1, 2-13-12)

Cross reference

Penalty, see section 152.99.