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3-13-23 Draft AgendaCity of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, March 13, 2023 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 2. COURTESY OF FLOOR TO VISITORS 2.A. Water Conservation Month Proclamation 5 Water Conservation Month Proclamation PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Mar. - May 2023) 7 - 10 90 -Day Calendar (Mar. - May 2023) 3.B. ARCC Grant Funding 3.C. City Manager Search 3.D. Dora Drive Property - Stormwater Mitigation Park 11 - 25 Dora Drive Property 3.E. Additional Reports (If Applicable) 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. Resolution No. 23-06 (Non -Exclusive Easement - 1 W. First St. Right -of -Way) *Supporting documents for this item will be provided in the Final Agenda* Page 1 of 60 Regular City Commission - 13 Mar 2023 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 25-23-45, Introduction and First Reading AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED HOMES; APPLY COASTAL HIGH HAZARD AREA (ZONE V) REQUIREMENTS IN AREAS DESIGNATED COASTAL A ZONES TO INCREASE RESILIENCY; TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS; TO REQUIRE DECLARATIONS OF LAND RESTRICTIONS (NON- CONVERSION AGREEMENTS) FOR CERTAIN ENCLOSURES UNDER ELEVATED BUILDINGS; TO SPECIFY USE OF FEMA CERTIFICATION FORMS; AND TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; TO DESIGNATE THE COMMUNITY DEVELOPMENT BOARD AS THE AUTHORITY TO CONSIDER CERTAIN VARIANCES AND APPEALS INVOLVING FLOOD HAZARD AREA RELATED APPLICATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 25-23-45 27-60 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live -streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office by 5:00 PM, the Thursday prior to the meeting. Page 2 of 60 Regular City Commission - 13 Mar 2023 Page 3 of 60 Page 4 of 60 Agenda Item #2.A. 13 Mar 2023 � curlamation nt the Ettp of Ztttantit &atJj in Recognition of Water Conservation Month wHEKnAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Atlantic Beach are working together to increase awareness about the importance of water conservation; and WHEKEAS, the City of Atlantic beach and the State of Horida has dcsignatcd April, typically a dry month when water demands arc most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Atlantic Beach has always encouraged and supported water conservation, through various educational programs md special events; and WHEKEAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen carf help by saving water aid thus promote a healthy economy and community; and WHEREAS, leak prevention is commonly thought to be the first step in conserving water, and the City of Atlantic Beach will encourage citizens and businesses to focus on fixing leaks. lvOw, rnEi i tOxr, 1, Curtis Ford, Mayor of the City of Atlantic tseach, Florida, du hereby proclaim the month of April, as WATER CONSERVATION MONTH 1 he City of Atlantic Beach, Florida is calling upon each citizen and business to help protect our precious resources by practicing water -saving measures and becoming more aware of the need to save water. For this, the 25`h year of Water Conservation Month, there will be a special focus on fixing leaks and all forms of water loss. 1N Wf1N1:SS WHEREOF, 1 have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 13th day of March 2023. Curtis Ford, Mayor Page 5 of 60 Page 6 of 60 Agenda Item #3.A. 13 Mar 2023 CITY OF ATLANTIC BEACH CITY COMMISSION 1v1EL l 1N U S I At KEFUKI AGENDA ITEM: 90 -lay calendar fur the Mayor and Commission SUBMI'l"l'ED BY: Yvonne Calverley, Executive Assistant to the City Manager TODAY'S DATE: February 24, 2023 MEE 1 IN DA 1E: March 13, 2023 BACKGROUND: The 90 -day calendar is included on the agenda fur the purpose of setting meeting dates and determining the location, time and whether to videotape special meetings and workshops. 1 he rolling 90 -day calendar will be revised alter receiving input from City staff and the Commission, and will be included in each agenda for consideration. Notes: • A waiver Hearing fur 42 Last Coast Drive is scheduled tor Monday, March 20 at 5:30 pm in the Chamber. • An Appeal Hearing tor 103 Atlantic Blvd and 31U Mayport Koad is renrarively scheduled for Monday, April 3 at 5:30 pm in the Chamber. - The Northeast Florida League of Cities Dinner will be held at the AB Country Club on Thursday, April 20 from 6 pm to 8 pm. Atlantic Beach is the lead hust. • Atlantic Beach Holding Company's dedication ceremony ot 219 acres ot Intracoastal property to the North Florida Land 1 rust will be held on Saturday, April 22. (Location and time —'IBD) BUDGET- None KECU1V11VlENUA HUN : Approve the 9tl-Day Ualendar tor March — May 2023 A'1" 1'ACHMEN'1': 1) Mayor and Commission 90 -Day Calendar (March — May 2023) REVIEWED BY C;l'l Y MANAGER: v Page 7 of 60 MAYOR AND COMMISSION March 2023 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 22 Special Magistrate Meeting 2 pm ESC Speaker Series 6pU 3 4 Dutton island Preserve Bike Tour 10 — 10:30 am Canine Carnivale (Jordan Park) l0am-1pm 5 Farmers Market (Russell Park) 10 am — 2 pm Songwriters Concert (Bull Park) 6-8 pm 6 7 8 ESC Tree Subcommittee 5:15 pm ESC Meeting 6 pm 9 10 11 Tour de Parks 9 am (Russell Park) Wild Wonders 1-2 pm (Dutton Island) 12 Farmers Market (Russell Park) 10 am -2 pm 13 Commission Meeting 6:30 pm (Invac-Bole) • 14 ARCC Meeting 6 pm 15 ESC Outreach Subcommittee 4:45 pm 16 17 Family Paint Night & Ice Cream 6:30 pm (Donner Park/Baker Center 18 19 Farmers Market (Russell Park) 10 am — 2 pm Acoustic Night (Bull Park) 6-8 20 Waiver Hearing (42 East Coast Dr) 5:30 pm 21 22 Community Development Board 6 pm 23 ESC Sustainability & Resiliency Subcommittee 9 am Charter Review Committee 6 pm 24 25 Wild Wonders 1-2 pm (Dutton Island) 26 Farmers Market (Russell Park) 10 am — 2 pm 27 Commission Meeting 6:30 pm (Invoc-Waters) 28 ARCC Workshop 10 am 29 30 31 MAYOR AND COMMISSION April 202' SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 Farmers Market (Russell Park) 10 am — 2 pin Songwriters Concert (Bull Park) 6-8 tam 3 Appeal Hearing (103 Atl BIv & 310 Mayport Road) 5:30 pm (Tentative) 4 5 6 ESC Speaker Series 6 pm (Chamber) 7 8 Egg Hunt Parade 10 am — 1 pm (Jordan Park) Wild Wonders 1-2 pm Dutton Island 9 Farmers Market (Russell Park) 10 am — 2 pm 10 Commission Mtg 6:30 pm (Invoc-Kelly) 11 ARCC Meeting 6 pm 12 ESC Tree Subcommittee Mtg 5:15 pm ESC Mtg 6 pm 13 14 15 Town Hall Meeting 10 am — Noun (Baker Center) 16 Farmers Market (Russell Park) 10 am — 2 pm 17 Commission Workshop 6 pm (If -Needed) 18 Community Development Board Meeting 6 p m 19 ESC Outreach Subcommittee MeetingDinner' 4.45 m P 20 Northeast Florida League of Cities pm6:30 (AB Country Club) lost City - AB 21 Family Paint Night and Bingo pm (Jordan Park) 22 Arts in the Park 10 ant — 4 pm (Johansen Park) Wild Wonders 1-2 pm Dutton Island NFLT Dedication Ceremony 23 Fanners Market (Russell Park) 10 am-2pm Acoustic Night (Bull Park) 6 pm 24 Commission Mtg 6:30 pm (Invoc_ g) 25 26 27 ESC Sustainability & Resiliency Subcommittee 9 am 28 29 30 Farmers Market (Russell Park) 10 am — 2 pm Opening of the Beaches Parade MAYOR AND COMMISSION May 2023 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 Special Magistrate Hearing 2 p ESC Speaker Series 6 pm 5 6 WellFest gam Johansen Park 7 Fanners Market (Russell Park) 10 am — 2 pm Sangwuriters Concert (Bull Park) 6-8 pm 8 Commission Meeting 6:30 pm (Invoc-Ford) 9 ARCC Meeting 6 pm 10 ESC Tree Subcommittee 5:15 pm ESC Meeting bm p 11 Pension Board Meeting 6:30 pm 12 13 14 Farmers Market (Russell Park) 10 am —2 pm 15 Commission Workshop 6 pm (If Needed) 16 17 Continuality Development Board (All day) ESC Outreach Committee 4:45 pm 18 19 Family Paint Night & Bingo 6:30 pm (Baker Center) 20 21. Farmers Market (Russell Park) 10 am— 2pm Acoustic Night (Bull Park) 6 pm 22 Commission Meeting 6:30 pm (Invoc-Bole) 23 24 25 ESC Subcommittee Meeting 9 am 26 27 28 Farmers Market (Russell Park) 10 am -2 pm 29 Memorial Day Event - 9 am Beaches Veterans Memorial Park City Offices Closed 30 31 Agenda Item #3.D. 13 Mar 2023 Engineering Department 800 Seminole Road Atlantic Beach, FL 32233 904-247-5874 i EMO D NDUM To: Shane Corbin From: Steve Swann, PE CC: Kevin Hogencamp Amanda Askew Date: January 31, 2023 Re: JWB Property on Dora Drive -- Potential Use for Stormwater Mitigation Park The attached map depicts a 2.2 acre parcel of undeveloped land at the end of Dora Drive just west of Francis Avenue currently zoned for 40 multi -family units. This property is owned by JWB Real Estate (Hoose Homes) and is currently for sale. I let Alex Sifakis of JWB know that the City might have some interest in the property for a park/stormwater pond. We do not know what the appraised value is, but he understands that the City cannot pay over appraised value and indicated he is looking for a sale price of $1.2M. Given the drainage issues in this area (bounded by Stanley Rd, Mayport Rd, Dutton Island Road and Francis Avenue) and following your direction to vet this property as a potential purchase, we engaged Jones -Edmunds to analyze the benefits of using this property for stormwater mitigation. Jones -Edmunds prepared the attached analysis which includes the benefits and potential construction costs for two options. If you recall, the drainage ditch serving this drainage basin starts at Dutton Island Road and runs through city -owned property (see attached) and enters a culvert at Stanley Road. The culvert drains to the Donner Road storm sewer system. The problems are that this culvert is undersized and there is limited storage in the drainage basin to protect against flooding. We have a grant -funded design project we are kicking off to upsize the Stanley Rd culvert from 15" to 36". That project alone is not a 100% solution to the drainage problem and enlarging the culvert to 36" is extremely expensive and construction will be difficult given the extremely narrow right of way in this area. The projected rough order of magnitude construction cost for the 36" culvert is $875,000. We analyzed two alternatives using the JWB property for increased stormwater storage. The first alternative is construct a large standalone stormwater pond without completing the Stanley Rd culvert project. The second alternative includes a smaller stormwater pond (leaving room for some park amenities and a multiuse path, see attached map) along with enlarging the culvert to a cheaper and easier to construct 24" pipe. Page 11 of 60 Agenda Item #3.D. 13 Mar 2023 Memo to Shane Corbin January 31, 2023 Page 2 The following is a summary of the alternatives analyzed: Alternative 1— Enlarge the Stanley Rd culvert to 36" between Stanley Rd and Donner Rd Alternative 2 — Utilize 1.7 Ac (out of 2.2 Ac) of the JWB property as a stormwater pond without upsizing the Stanley Road culvert. Alternative 3 — Utilize 1.4 Ac of the JWB property as a stormwater pond, leaving some room for park amenities and upsizing the Stanley Road culvert to 24" (much easier and cheaper to install than a 36" culvert). For drainage improvement analysis, both Alternative 2 and Alternative 3 include an option to pump the pond down pre -storm event, similar to Aquatic Gardens Pond. A comparison of stage reduction predicted for each alternative during a 10 -year storm and a 24 -storm are provided in the table below. Comparison of Alternatives with Respect to Stage Reduction Project Alternative 10 -Yr Storm Water Level (ET) Difference (FT) 25 -Yr Storm Water Level (FT) Difference (FT) Existing Conditions 10.98 ---- 11.13 ---- Alternative 1 - 36" Pipe 10.45 0.53 10.98 0.15 Alternative 2 1.7 Ac Pond No Pumping 10,83 0.15 11.01 0,12 Pre -Storni Pumping 10.53 0.45 10.91 0.22 Alternative 3 1,4 Ac Pond, 24" Pipe No Pumping 10.18 0.80 10.88 0.25 Pre -Storm Pumping 9.40 1.58 10.57 0.56 The results of the analysis indicate that constructing a stormwater pond on the JWB property will provide appreciable flood reduction benefits, particularly during smaller, more frequent storm events. Combining the proposed pond on the JWB property with increasing the size of the Stanley Road culvert to 24" (Alternative 3) and/or pre -storm pond drawdown pumping will provide significant additional flood protection during larger, less frequent storm events. Page 12 of 60 Agenda Item #3.D. 13 Mar 2023 Memo to Shane Corbin January 31, LUL3 Page 3 1 he tuliowiny are rough order of magnitude costs for the alternatives. All construction costs include a 30v cuntinyency. Property acquisition cost includes $100K in due diligence & closing costs. Alternative 1— 36" culvert at Stanley Road [and Acquisition $0 Pond Construction $0 t;uiver! Expansion $875,000 RMGP e;ulvert Reimb.* $(/88,000) Total Cost $87,000 Alternative 2 — 1.7 Ac punct, no culvert improvements Cana Acquisition $1,300,000 Pond Construction $1,b19,0u0 Culvert Expansion $0 I utal lust $2,919,000 Alternative 3 — 1.4 Ac pond w/ 24" culvert at Stanley Road Land Acquisition Puna uunstruction Culvert Expansion RMGP Calvert Reimb.* luta! Cost $1,300,000 $1;550;000 $b4 /,Ouu $(582,000) $2,915,000 * 90% construction cost reimbursement potentially from a FtiviH RiviGP grant The results of the analysis indicate Alternative 1, expandiny the drainaye culver-f between Stanley Ra aria Donner Rd, does riot provide the best benefit with respect to water level reduction duriny either a 10 -year or Z5 -year storm event. Alternative 1 cannot be constructed until the Aquatic Gardens project is completed. Alternative 3 clearly provides the must Menet with respect to flood protection. This alternative provides for a redaction in water levels ut 1.58 F I duriny a 10 -year storm event and 0.5b r 1 aariny a Z5 -year storm event. Alternative 3 can likely be constructed prior to completion ut the Aquatic Gardens project. it there is desire to create additional park space, Alternative 3 is the hest luny term option tor improving arainaye in this area. Starr could pursue modifications to our RMGP grant for the Stanley Rd culvert to help defray pond construction cost. Recall that the City owns all or the pareeis along the drainage ditch from the JWB property to Dutton Island Rd (see attached map). 1 hese parcels could provide additional stormwater storage and stage reduction in conjunction with a stormwater pond un the JvvB property. SCS/s Attachments: JvvB Dora Drive Property Map Potential Multiuse Path Map Stormwater Analysis — Jones-Edmunas — 01-1 a-23 Page 13 of 60 Agenda Item #3.D. 13 Mar 2023 JWB Property in Relation to COAB Parcels Page 14 of 60 Agenda Item #3.D. 13 Mar 2023 Du ';.NI Existing Drainage Ditch Potential New Multiuse Path Potential New Multiuse Path Francis to Dutton Island Road Page 15 of 60 Agenda Item #3.D. 13 Mar 2023 TECHNICAL MEMORANDUM JonesEdmundi Dora Drive and Stanley Road Drainage Improvements TO: Steve Swann, PE FROM: Jarrod HlrneIse, PE; Bruce Myhre, PhD, PE DATE: January 26, 2023 SUBJECT: Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Jones Edmunds Project No. 20475-005-01 1 BACKGROUND The City of Atlantic Beach experiences flooding In the low-lying areas adjacent to Stanley Road, Dora Drive, and Simmons Road, referred to as the Stanley Road Drainage Problem Area. Following Intense rainfall events, the City experiences flooding of roadways, yards, and private structures In this area. This area was identified and evaluated as part of the City's Stormwater Master Plan Update, which was completed by Jones Edmunds in November 2018. Preliminary evaluated options to reduce flooding in thls area included adding storage for stormwater on the vacant parcels at the end of Dora Drive and improving the outfall conveyance capacity from the Stanley Road Drainage Problem Area. The parcels at the end of Dora Drive are currently for sale. The City would like to further evaluate options and quantify the benefits of adding stormwater storage capacity on the vacant parcels and/or Improving outfall conveyance capacity to determine If purchasing the parcels is worthwhile, Figure 1 shows the locations of the vacant parcels on Dora Drive and summarizes existing drainage conditions in the Stanley Road Drainage Problem Area. 2 MODELED IMPROVEMENT OPTIONS City staff requested that Jones Edmunds use the City's hydrologic and hydraulic (H&H) model that was developed for the Stormwater Master Plan Update to evaluate flood reduction benefits of two improvement options for the Stanley Road Drainage Problem Area. 2.1 OPTION #1: STORMWATER POND ON VACANT DURA DRIVE PARCELS Option #1 includes an approximately 1.7 -acre stormwater pond on the vacant Dora Drive parcels to provide stormwater attenuation. This option provides the maximum amount of storage available on the parcels and would not provide a parking area if the City turns this area Into a park amenity. Improvements to the Stanley Road outfall pipe were not Included in this option. Figure 2 summarizes the Improvements for this option. The pond was assumed to tie into the bottom of the existing drainage ditch to allow stormwater to flow freely Into and out of the pond, 08505.011-01 1 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 16 of 60 Agenda Item #3.D. 13 Mar 2023 Figure 1 Dora Drive Parcels Location and Existing Drainage Conditions Stanley Road Drainage Prob lem Area ;; �fe ,a Lit)/ - *1 I I ' 1 I :r4".411',1,.41 - o;' 't AC SOOR qr. frriii-e Legend �t Vacant Dora Dr. Parcels 1. — Existing Pipe • Existing Inlet/Manhole/Headwall Figure 2 Option #1 Improvements Existing 15-1nch Outfall Pipe Legend 1 Proposed Dora Drive Pond Vacant Dora Dr. Parcels — Existing Pipe • Existing Inlet/Manhole/Headwall 08505-011.01 January 2023 2 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 17 of 60 Agenda Item #3.D. 13 Mar 2023 2.2 OPTION #2: STORMWATER POND ON VACANT DORA DRIVE PARCELS WITH STANLEY ROAD OUTFALL PIPE IMPROVEMENTS Option #2 Includes an approximately 1.4 -acre stormwater pond on the vacant Dora Drive parcels and increasing the Stanley Road outfall pipe from a 15 -inch pipe to a 24 -Inch pipe. In this scenario, the stormwater pond footprint was reduced to provide a parking area on the south side of Dora Drive If the City turns this area into a park amenity. The pond was assumed to tie into the bottom of the existing drainage ditch to allow stormwater to flow freely into and out of the pond. The recommended Improvement alternative for this area from the Stormwater Master Plan Update included increasing the size of the Stanley Road outfall pipe. The City applied for design and construction funding from the Federal Emergency Management Agency (FEMA) to implement the Stanley Road outfall Improvement and was recently awarded funding for the design. This option demonstrates the benefits If the outfall pipe Improvements were constructed together with the stormwater pond at the Dora Drive parcels, Figure 3 summarizes the Improvements for this option, Figure 3 Option #2 Improvements Legend I _ Proposed Dora Drive Pond Vacant Dora Dr. Parcels — Existing Pipe Existing Inlet/Manhole/Headwall 08505-011-01 January 2023 3 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 18 of 60 Agenda Item #3.D. 13 Mar 2023 3 MODEL RESULTS AND INUNDATION MAPPING Jones Edmunds used the City's H&H model to simulate the mean -annual, 10-, and 25-year/24-hour design storm events for both options to determine the flood reduction benefits. Scenarios were also run to determine the flood -reduction benefits if the City pumped down the proposed stormwater pond before large forecast storms, similar to the City pumping down the Aquatic Drive stormwater pond. The pumped scenario assumed that the pond was pumped to half full (elevation 4 feet North American Vertical Datum of 1988 (NAVD88]). Tables 1 and 2 summarize the existing and proposed modeled peak stages for Option #1 and Option #2 with and without pre -storm pond pumping. Table 1 Option #1 Existing versus Proposed Peak Stage Comparison Location Mean Annual (5 inches of Rainfall) Existing Conditions Proposed (No Pre - Storm Drawdown) Proposed Diff (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive Between Simmons Road and Dutton Island Road 10,61 9.91 -0.7 8.79 -1.82 10.62 9.92 -0.7 8.83 -1.79 Between Dora Drive and Simmons Road 10.61 9.91 -0.7 8.82 -1.79 Locatio n 10 -Year (7.3 inches of Rainfall) Existing Conditions Proposed (No Pre - Storm Drawdown) Diff Proposed (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive 10.98 10.83 -0,15 10.53 -0.45 Between Simmons Road and Dutton Island Road 11.04 10.84 -0.2 10.54 -0,5 Between Dora Drive and Simmons Road 11.04 10.83 -0.21 10.54 -0.5 Location 25 -Year (9.2 Inches of Rainfall) Existing Conditions Proposed (No Pre - Storm Drawdown) Dif Proposed (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive 11.13 11.01 -0.12 10.91 -0.22 Between Simmons Road and button Island Road 11,39 11.1 -0.29 10.93 -0.46 Between Dora Drive and Simmons Road 11.39 11.1 -0.29 10.93 -0.46 08505-011-01 4 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 19 of 60 Agenda Item #3.D. 13 Mar 2023 Table 2 Option #2 Existing versus Proposed Peak Stage Comparison Location Mean Annual (5 inches of Rainfall) Proposed Existing (No Pre- Conditions Storm Drawdown) Diff Proposed (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive 10,61 8.91 -1.7 8.16 -2.45 Between Simmons Road and Dutton Island Road 10.62 9.1 -1.52 8.83 -1.79 Between Dora Drive and Simmons Road 10.61 9.05 -1.56 8.14 -2.47 Location 10 -Year (7,3 inches of Rainfall) Existing Conditions Proposed (No Pre - Storm Drawdown) Diff Proposed (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive Between Simmons Road and Dutton Island Road Between Dora Drive and Simmons Road 10.98 11.04 11.04 10.18 10,32 10.24 -0.8 -0,72 -0.8 9.4 9.62 9,47 -1.58 -1.42 -1.57 Location 25 -Year (9.2 Inches of Rainfall) Existing Conditions Proposed (No Pre - Storm Drawdown) Diff Proposed (With Pre - Storm Drawdown) Diff Between Jackson Road and Dora Drive 11.13 10,88 -0.25 10.57 -0,56 Between Simmons Road and Dutton Island Road 11.39 10.98 -0,41 10.65 -0.74 Between Dora Drive and Simmons Road 11,39 10,98 -0.41 10.65 -0,74 Jones Edmunds plotted existing and proposed inundation extents based on modeled peak water -surface elevations. Figures 4 through 9 show existing versus proposed Inundation with and without pre -storm pumping for the mean -annual, 10-, and 25-year/24-hour events. 08505-011-01 5 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 20 of 60 Agenda Item #3.D. 13 Mar 2023 Figure 4 Option#1: Mean-Annual/24-Hour Inundation Comparison 4r Pr?',.; Legend Option #1 No Pre -Storm Pumping Option #1 With Pre -Storm Pumping A Existing Conditions Mean -Annual Inundation L1 Proposed Dora Drive Pond Option#1: 10-Year/24-Hour Inundation Comparison ' Legend inn Option #1 With Pre -Storm Pumping Option #1 No Pre -Storm Pumping Existing Conditions 10 -Year Inundation r Proposed Dora Drive Pond rriTir ; �5 08505-011-01 January 2023 6 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 21 of 60 Agenda Item #3.D. 13 Mar 2023 Option#1: 25-Year/24-Hour Inundation Comparison Legend Option #1 With Pre -Storm Pumping Option #1 No Pre -Storm Pumping 1.11 Existing Conditions 25 -Year Inundation r --'l Proposed Dora Drive Pond • P 11 ''' I; r,t.M."!1::ni , r 1r Optlon#2: Mean-Annual/24-Hour Inundation Comparison 21 Legend I♦ Option #2 With Pre -Storm Pumping Option #2 No Pre -Storm Pumping MI Existing Conditions Mean -Annual Inundation Proposed Dora Drive Pond Proposed 24" Outfall Pipe 08505-011-01 January 2023 7 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 22 of 60 Agenda Item #3.D. 13 Mar 2023 Figure 8 Option#2: 10 -Year 24 -Hour Inundation Comparison Legend I= Option #2 With Pre -Storm Pumping Option #2 No Pre -Storm Pumping I _ 1 Proposed Dora Drive Pond ES Existing Conditions 1O -Year Inundation Proposed 24" Outfall Pipe Figure 9 Option#2: 25 -Year/ 24 -Hour Inundation C mparison Legend Option #2 With Pre -Storm Pumping Option #2 No Pre -Storm Pumping NB Existing Conditions 25 -Year Inundation I Proposed Dora Drive Pond 08505-011-01 January 2023 8 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Page 23 of 60 Agenda Item #3.D. 13 Mar 2023 4 ENGINEERS OPINION OF PROBABLE COST A conceptual -level Engineer's Opinion of Probable Cost (EOPC) was developed for both options. The EOPCs include engineering, data collection, and construction cost estimates for each improvement option. The estimates are considered American Society for Testing and Materials (ASTM) Class 4 estimates, which are used when the project definition is 1 to 15 percent. These are budgetary estimates with an expected accuracy range of -30 to +50 percent. Unit costs were estimated based on the Florida Department of Transportation's historical cost data and recently bld local projects. A 40 -percent construction contingency was added to account for construction cost variability and project unknowns. Tables 3 and 4 provide the detailed EOPCs for the options. Property acquisition cost Is not included In the cost estimates. Table 3 Option #1 EOPC Item Description Unit Quantity Unit Price Cost Mobilization (100/0) LS 1 $90,000 $90,000 Maintenance of Traffic (1%) LS 1 $9,000 $9,000 Prevention, Control, And Abatement of Erosion and Water Pollution (5%) LS 1 $45,000 $45,000 Pond Construction Clearing and Grubbing AC 2.0 $40,000 $80,000 Pond Excavation CY 15,000 $40 $600,000 Pond Sod SY 5,000 $4.00 $20,000 Miscellaneous Pipes and Structures EA 1 $200,000 $200,000 Overall Items Contingency Amount (30%) LS 1 $313,200 $313,200 Design/Permitting/Data Collection (250/0) LS 1 $261,000 $261,000 TOTAL $1,619,000 08505-011-01 January 2023 9 Summary of Dara Drive and Stanley Road Drainage Improvement Analysis Page 24 of 60 Agenda Item #3.D. 13 Mar 2023 Table 4 Option #2 EOPc Item Description Unit Quantity Unit Price Cost Mobilization (10%) LS 1 $128,090 $128,100 Maintenance Of Traffic (1%) LS 1 $12,199 $12,200 Prevention, Control, And Abatement OfLS Erosion And Water Pollution (5%) 1 $60,995 $61,000 Pond Construction Clearing and Grubbing AC 2.0 $40,000 $80,000 Pond Excavation CY 14,000 $40 $560,000 Pond Sod SY 5,000 $4.00 $20,000 Misc. Pipes and Structures EA 1 $200,000 $200,000 Stanley Road Outfall Culvert Replacement Removal of Existing Pavement/Sidewalk SY 200 $30 $6,000 Removal of Existing Storm Pipe LF 550 $75 $41,300 Clearing and Grubbing AC 0.5 $40,000 $20,000 Manhole, Type -P < 10 feet EA 1 $8,000 $8,000 Pipe Culvert, 24 inches LF 850 $250 $212,500 Mitered End Section, 24 Inches EA 1 $3,500 $3,500 Type C Dbl, J -Bot, <10 feet EA 4 $8,000 $32,000 Type B Stabilization SY 200 $10 $2,000 Optional Base Group 9 (10 -Inch Limerock) (LBR 100) SY 200 $25 $5,000 Superpave Asphalt Concrete (Traffic C) TN 22 $165 $3,700 6 -Inch Concrete Driveway SY 25 $65 $1,700 Temporary Flow Bypass LS 1 $20,000 $20,000 Sodding SY 1,050 $4 $4,200 Overall Items Contingency Amount (30%) LS 1 $426,360 $426,400 Design/Permitting/Data Collection (25%) LS 1 $355,300 $355,300 TOTAL $2,203,000 5 CONCLUSION Based on the results of this analysis, constructing a stormwater pond on the vacant Dora Drive parcels will provide appreciable flood reduction benefits In the Stanley Road Drainage Problem Area, particularly during smaller, more frequent storm events. Combining the proposed pond at Dora Drive with Increasing the size of the Stanley Road outfall pipe and/or pre -storm pond drawdown pumping will provide significant additional flood protection during larger, less frequent storm events. 08505-011-01 January 2023 10 Summary of bora Drive and Stanley Road Drainage Improvement Analysis Page 25 of 60 Page 26 of 60 Agenda Item #9.A. 13 Mar 2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance No. 25-23-45, Flood Hazard Areas SUBMITTED BY: Amanda Askew, Director of Planning and Community Development TODAY'S DATE: February 23, 2023 MEETING DATE: March 13, 2023 BACKGROUND: The purpose of the city's floodplain ordinance is to protect public health and safety and to minimize public and private losses due to flooding through the regulation of development in flood hazard areas. Further, the ordinance is required for the city to participate in the FEMA National Flood Insurance Program ('NFIP) which provides flood insurance to property owners, renters and businesses. Without the ordinance, federal flood insurance would not be available. The NFiP Community Rating System (CRS) is a voluntary incentive program that provides discounted flood insurance premium rates within cities that exceed the minimum NFIP requirements by implementing "higher" (stricter) standards. Atlantic Beach is one of over 1,500 communities that participate in the CRS. In 2020, Atlantic Beach increased its rating from a Class 7 to a Class 6 community resulting in a premium discount of 20% for property owners, renters and businesses. The Florida Division of Emergency Management (FMEM) serves as the State Coordinating Agency of the NFIP to work with municipalities to administer and update floodplain ordinances. As a result of changes to CRS standards, FEMA policy, and the Florida Building Code (FBC), staff worked with the FDEM to amend the city's floodplain ordinance to incorporate these changes. Such changes include: • Relaxed regulations for accessory structures based on FEMA policy • Require certain FEMA forms to be submitted in accordance with CRS standards • Require manufactured homes to meet the same elevation standards as other homes In addition, in accordance with FDEM and FEMA recommendations, amendments to adopt "higher standards" that exceed minimum NFIP requirements are proposed. Such changes include: • Prohibit use of stem walls when subject to wave heights between 1.5 and 3 feet • Prohibit use of fill to elevate homes within flood hazard areas BUDGET: None RECOMMENDATION: Commission review and vote on Ordinance No. 25-23-45 ATTACHMENT(S): 1) Ordinance No. 25-23-45 2) Exhibit A — Chapter 8 Flood Hazard Areas (redline version) REVIEWED BY CITY MANAGER: Page 27 of 60 Agenda Item #9.A. 13 Mar 2023 ORDINANCE NV. Z5-23-45 AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF Al LAN I Iu BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER S FLOOD HAZARD AREAS, '10 SPECIFY ELEVA'T'ION OF MANUFACTURED HOMES; APPLY COASTAL HIGH HAZARD AREA (ZONE V) REQUIREMENTS IN AREAS DESIGNATED COAS'T'AL A ZONES 'lO INCREASE RESILIENCY; 1U CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS; "1'U REQUIRE DECLARATIONS OF LAND RESTRICTIONS (NON -CONVERSION AIiKEEMVIEN'IS) FUR CEI1 AIN ENULuSURES UNDER ELEVATED BUILDINGS; '10 SPECIFY USE Ur' FEMA CERTIFICATION FORMS; AND TO PROVIDE CRITERIA FOR. ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; TO DESIGNATE THE COMM UNI IT Y llE VELVYIVIEN I BOARD AS 1 HE AUTHORITY '1'O CONSIDER CERTAIN VARIANCES AND APPEALS INVOLVING FLOOD HAZARD AREA RELA'T'ED AYYLICAIlUNS; PRuvIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FUR AIN EFFECTIVE DATE. WHEREAS, the Legislature of the State uf rlurida has, in Chapter 166 — Municipalities, Florida Statutes, cunterred upun lural governments the authority to adopt regulations designed to promote the public health, satety; ana general welfare of its citizenry; ana WHEREAS, the city uf Atlantic Beach participates in the National Flood Insurance Program ("Nr1P'') and participates in the NrIY's community Kating System, a voluntary incentive program that recogniLes and encourages community tlooaplain management activities that exceed the minimum prugrzuu requirements; and WHEREAS, the City ut Atlantic Beach achieves a U:KS rating of Class b, maidng citizens Who purchase NFIP tlooa insurance policies eligible for premium discounts; ana WHEREAS, in 2020 the NFIP community Rating System established certain uui prerequisites tur communities to quality tor or maintain class ratings of class 8 ur better; and WHEREAS, to satisfy the NFIP prerequisites and for City of Atlantic Beach to maintain the current CRS rating, all iiianufactured homes installed or replaced in special flood hazard areas must be elevated such that the lowest flours are at ur above at least the base flood elevation plus 1 toot; which necessitates modification of the existing requirements; ana Page 28 of 60 Agenda Item #9.A. 13 Mar 2023 WHEREAS, the City Commission has determined that it is in the public interest to amend the tluudplain management regulations to better protect owners and occupants of manufactured homes and to continue participating in the community Rating System at the current class rating; and WHEKEAS, the rcderal Emergency Management Agency released FEMA Policy #104- 008-03 Hood/Main Management Requirements fur Agricultural Structures and Accessory Structures; and WHEREAS, the City Uourmission has determined it appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for at -grade wet floodproofcd accessory structures that are not larger than the sizes specified in the FEMA Policy; and WHEREAS, chapter 553, Florida Statutes, allows for lural administrative and technical amendments to the Plorida Building Code that provide fur more stringent requirements than those specified in the Florida Building Code and allows adoption of local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; and wHEREAS, the City Corranission is adopting requirements to apply coastal high hazard area requirements to buildings and structures in Coastal A Zones, to daily previously adopted building elevations, to require declarations of land restriction (non -conversion agreements) for certain enclosures under elevated buildings, and to specify use ot FEMA certification forms, for buildings and structures in flood hazard areas fur the purpose of participating in the National rlood Insurance Program's community Rating System and, pursuant to Section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and wHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed local technical amendments to the Florida Building Code, and the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques ot demonstrated capabilities, are in compliance with Section 553.73(4), Florida Statutes. NOW, THEREFORE, BE 1'1' ORDAINED BY THE C:l'1'Y COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SEC HUN 1. AMENDMENT'S. This ordinance specifically amends the City of Atlantic leach code of Ordinance, Chapter 8, Flood Hazard Areas, as set forth in "Exhibit A" attached to this ordinance and incorporated herein, as shown in strikethrough and underline format. Page 29 of 60 Agenda Item #9.A. 13 Mar 2023 SEC Ilu1V 2 CONFLICT. All ordinances, resolutions, official determinations or parts thereof previously adopted by the City or any ot its official and in contlict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. FISCAL IMPACT S'1'A'l'EMEN'I'. 1 he cost impact to the design, plan application review, construction and inspection ot buildings and structures in regard to the teens of the proposed Code of Ordinaaicc revisions and related technical amendments set torth herein, as an overall average, is negligible because all development has been subject to the requirements of the local tloodplain management ordinance adopted tor participation in the 'National Flood Insurance Program. Therefore, in terms of lower potential tor tlood damage, there will be continued savings and benefits to consumers. SEC i for 4. ArrLICA1jILITY. 1 his ordinance shall apply within the jurisdictional boundary limits of the City of Atlantic Beach. l his ordinance shall apply to all applications tor accessory structures in special flood hazard meas submitted on or after the effective date of this ordinance. SECTION 5. INCONSISTENT AND CONFLICTING LAWS SUPERSEDED. Any inconsistent or conflicting Code of Ordinance provision or other rule, and any previous versions thereot, related to any of the provisions set forth in the proposed Code of Ordinance revisions and related technical amendments set torth herein, are hereby superseded to the extent of such conflicts arid the terms of the proposed Code ot ordinance revisions and technical amendments set forth herein shall prevail. SECTION 6. INCLUSION INTO THE CODE OINORDINANCES. It is the intent of the City Commission that the provisions ot this ordinance shall become and be made a part of the Lity of Atlantic Beach's Code of Ordinances, and that the sections ot this ordinance may be renumbered or re -lettered and the woid "ordinance" may be changed to "section," "article," "regulation;" or such other appropriate word or phrase in order to accomplish such intentions. SEc am 7. SEVERABILITY. It any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 8. EFFECTIVE DATE. 1 his ordinance shall take effect immediately upon its final passage and adoption. Passed by the City Commission on tirst reading this day of , LOzs. Page 30 of 60 Agenda Item #9.A. 13 Mar 2023 rassea by the City Commission on seiond and final reading on this day of , 2023. Attest: Donna L. Bartle, City Clerk Approves as to form ana correctness: Jason K. Gabriel, City Attorney Cl'1'Y UNAl'LAN 11C I3bAC1-1. Curtis Ford, Mayor Page 31 of 60 Agenda Item #9.A. 13 Mar 2023 Exhibit A Lhapter 8 FLOOD HAZARD AREAS1 ARTICLE I. ADMINISTRATION u1VISION 1. GENERAL—APPLICABILITY—DUTIES AND POW!RS 01- f Ht f-LUOUPLHnv HufvuNI TKHTOti—PERMITS—SITE PLANS AND CONSTRUCTION DOCUMENTS—INSPICi 101\15— v/f{!HfvC.HND HPPtHLS—VIOLATIONS SuRivisivn I. In General Set,. 8-1. [Title.] These regulations °Rail be Kiiowii as tile riooriplaiii management ordinance of the City of Atlantic Beach, hereinafter referred to as "this chapter." (Ura. No. 1S-13-43 § Set... 8-Z SCupe. The provisions of tRis cfapter snail apply w all aevclopment that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; tilling. grading, dna °trier site iiiiprovciiicnts nd utility instailatioiis; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of daildings stroctare, trial are e„empt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manatactarea Eoilainga; installation or replacement or tanK.: placement of recreational vehicles; installation of swimming pools; and any other development. (Ura. N0. Zb-13-43, § L, 4-8-13) Sec. 8-3. Intent. i fie purposes of tRis chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establisf minimum regoireineIits to sategaara the public health, safety, and general welfare dna to minimize public and private losses due to flooding through regulation or development in rio°d Racard area to: 'Editor s note(ai—section L OT urs. No. LJ -13-43, adopted April 8, 2013, repealed the former Ch. 8, §§ 8-1-8-12, 8-21-8-25, 8-31-8-35, and enacted a new C. 8 as set out Merein. i nc former Ch. 8 pertained to similar subject matter and derived from Ord. No. 25-11-42, § 1, adopted Oct. 10, 2011. Cross reference(si—buildings and naildiiig regulations, Cn. b; mobile homes, Ch. 10; planning/zoning/appeals, Ch. 14; zoning and subdivision regulations, Ch. 24. State law rerereime(a)—water resources, F.S. Ch. 3/3. Page 32 of 60 Agenda Item #9.A. 13 Mar 2023 (1) unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate conJtractiun practice) in urder to prevent ur minimi« stare cloud damage; (j) Manage tilling, grading dredging, Mining, paving encavatiun, drilling uperativrb, Jturagc of egaipment or materials, and other development which may increase flood damage or erosion potential; (4) Ma.lage the alteratiu.I of flood hazard areal, watercvarJeJ, and Jhvrelines tv minimise the impact of development on the natural and beneficial functions of the tioodpiain; (5) IOliiiimi‘e damage tv public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development ut flood Hazard areal; (1) Minimi« the need fur future enpenditure of public funds for flood control projects and response to and recovery from Tlood event); alld (8) Meet the requirements of the National Flood Insurance Program for community participation as set torth in the i itle 44 aide ut Federal Regalatio. 159.L2. (Ord. Ido. z5-13-43, § z, 4-8-13) Sec. 8-4. Coordination with tFie Florida Building Code. i nil cnapter iJ intended tv be adminibtered and enforced in conjunction with the Florida Building Lode. Where cited, ASCE 24 refers to the editiun ut the Jtandard that b reterenced dy the Florida Building Cu,rie (Ord. ldo. 25-13-43, § z, 4-8-13) Sec. 8-5. Warning. 1 ne degree of flood prvtcctivn regaired by thia chapter and the Florida Building Lode, as amended by this community, is considered the minimum reasonable for regulatury purpuJeJ al1U b daaed un Jcientitic and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or Ilatural caUJCJ. I nkk cnapter due. nut imply that land vataide of mapped Jpecial flood ha,ard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. 1 Fir riuud Hazard area) and bale flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the regairemel ItJ ur iitle 44 lode ur Federal Regalatiunb, Seetiont sv and 60 may be reviled by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the Idativnal Fluud insurance Program. Ido guaranty of vested use, existing use, or future use is implied or expressed by compliance with tnib chapter. (Ord. No. L5-13-43, § L, 4-8-13) Sec. 8-6. Disclaimer of liahility. I hid chapter Shall not create liability on the part of the City Commission of the City of Atlantic Beach or by any orticer or empluyee tdereur tur any cloud damage tnat reJaitJ tr. reliance VII tnib chapter or any administrative decision lawfully made thereunder, (Ord. Mu. LS -13-43 9 L, SuBdivisian 1I. Applicability Page 33 of 60 Agenda Item #9.A. 13 Mar 2023 Sec. 8-7. General. Where there is a conflict between a general regaiieine, t dila a.pecitic eme, t, the.pecific requirement hall be applicable. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-8. Areas to wfllich tflis chapter applies. his chapter shall apply to all flood hazard areas within the City or Atlairtic Beacn, as e.tadli.hed i .ection 8- 9 at tiis CFlaptei, (Ord. Mo. 25-13-43, § 2, 4-8-13) Sec. 8-9. Basis tor esta5fisliing flea Hazard areas. i he flood insurance study for Duval County, Florida and incorporated areas With aii effective at or November 2, 2018, and ail aadaegaeiit al Hendmentand revisions, and the accompanying flood insurance rate maps (FIkM), and all subsequent amendments and revisions to such map., die adopted dy efe,euce a. a part of [nig cnapte. and .null .e. ve as the minimum basis for establishing flood hazard areas. Studies and maps fiat establish flood hazard area. al a o.. rile at the City of /Atlantic Beacn Building Department, 800 Seminole Road, /Atlantic Beach, Florida. (Ord. No. 25-13-43, § 1, 4-8-13; Ola. No. 25-18-44, § 2, /-V-18) Sec. 8-1u. Submission of additional data to establish tlood Hazard areas. To establish flood hazard di easaiid da,e flood elevation., poi.Deet to .ections 8-30 through 8-33 of this chapter, the floodplain administrator may require submission of additional data. Mei e field .ai veyed topogi aphy prepared dy a Hou i'aa Iicen.ed pi ofe.»ional ..urveyor or digital topography accepted by the community indicates that ground elevations: (1) A. a below the closest applicable base flood elevation, even in areas not delineated as a .peciai flood hazard area an a HttM, the area .nali de con.ide, ed a. flood hazard area and subject to the requirements of this chapter and, as applicable, the egaii en lent.or tie Hoy ida Building Code. Au e above the clo.e.t applicable ba.e flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter or map cage that einove. the area from the special flood hazard area. (2) (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-11. Other laws. The provisions of this chapter shall not de deemed to nullify any pi of local, state or federal law. (Ura. Iia. 25-13-43, § 2, 4-8-13) Sec. 8-12. Abrogation and greater restrictions. i iii cnapter apei.ede. any ordinance in effect for management of development in flood hazard areas. However, it is not intended to r epeal ars ogate ally enibting di Bance. including but not limited to land development regulations, zoning ordinances, stormwater management egalation., o. tie Hoy id. Building Code Page 34 of 60 Agenda Item #9.A. 13 Mar 2023 the event of a conflict between this chapter and any other ordinance, the more restrictive shall govern. This chapter shall not Impair any deed restriction, covenant or easement, but any land that Is subject to such Interests shall also be governed by this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-13. Interpretation. in the interpretation and application of this chapter, all provisions shall be: (1) (2) (3) Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision ill. Duties and Powers of the Floodplain Administrator Sec. 8-14. Designation, The citjmanager or his or her designee is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees. (Ord. No. 2543-43, § 2, 4-8-13) Sec. 8-15. General, The floodplain administrator is authorized and directed to administer and enforce the provisions of this chapter. The floodplain administrator shall have the authority to render interpretations of this chapter consistent with the Intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to sections 8-38 through 8-45 of thls chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-16. Applications and permits. The floodplain administrator, In coordination with other pertinent offices of the community, shall; (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard Information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; Page 35 of 60 Agenda Item #9.A. 13 Mar 2023 (6) Review appliCatior1 to determine whether proposed development will be reasonably safe from flooding; Issae floodplain development permits or approvals for development other than 6a !dings and structures that are su6ject to the Florida baiiding Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with tnib cnapter is demonstrated, or disapprove the aaine in the event of noncompliance; and Coordinate with and provide comments to the 6aildirrg otticial to a..ore that applications, plan reviews, a, id inspections for buildings and structures in flood hazard areas comply with the appl;ca6le provisions of this chapter. (yid. I. LS -13-43, § z, 4-8-13) (/) (5) Sec. 8-17. Substantial improvement and substantial damage dCtc1ni6iatitrns. For applicatior IS for Ridding permit to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy. addition, rehabilitations, renovations, substantial imp, over irenta, repairs of substantial damage, and any other improvement of or work ori aacn Building. and structures, the floodplaiii ad irinistrator, in coordination with the building official, shall: (1) Estimate the market value, or require the applicant to obtain air appraisal oT the mai ket value prepared by a t{aaliTied independent appraiser, of the building or structure before the start of consti action oT the proposed work; in the case of repair, the market valve of the building or structure shall be the market valae before the damage occurred and before any repairs are made; (2) Compare the cost to pertorm the improvement, the cost to repair a damaged building to its pre - damaged condition, or the combined costs of improvements and epairs, if applicable, to the market value oT the 6aiidiiig or structure; Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant it it b determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant constraction regaire� rents of the Florida Baiiding Code acid this chapter is required. (urd. No. 25-13-43, § 2, 4-8-13) (3) Sec. 8-18. fi7lodifications ut tl9e strict applkatit,n of the requirements of the Florida Building Code. The floodplain administrator shall review requests sur, fitted to the bailding official that seek approval to modify the strict application of the flood load and flood resistant construction equirements or the Florida building Code to determine whether sacs requests r eL(Clir a the granting of a variance pursuant to sections 8-38 through 8- 4s of this chapter. (Ord. NO. 2b-13-43. 9 L 4-8-13) Sec. 8-19. Notices and orders. The Tloodpiain administrator shah coordinate with appropriate local agencies for the issuance of all riecessar y notices or orders to ensure compliance with this chapter. (Urd. § z, 4-8-13) Page 36 of 60 Agenda Item #9.A. 13 Mar 2023 Sc.e8-20. Inspections. The floodplain administrator shall make the required inspections as specified In sections 8-34 through 8-3i of this cnapte for develapment that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Flurida building Code. i ne fib„ dplain administratar shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. (Ord. Nu. 2S-13-43 9 2, 4-8-13) Sec. 8-2i, uther duties of the floodplain administrator. The floodplain administrator shall nave other duties, inclading bat not limited to: (1) Establish, in caardinatiun with the building official, procedures for administering and documents determinations ot saostantial irnpruvement and substantial damage made pursuant to section 8-17 of this chapter; (2) Require that applicants pruposina It ation f a watercourse notify adjacent communities and the Florida Division of Emergency Management, state Fioodplain Ma agement office, and sabiiiit copies of such notificatians to the Federal Emergency management Agency (FEMA); (3) Require applicants who submit nydi ologic and nydraalic enaineerina analyses to support permit applications to submit to FEMA the data and information necessary to mail itain the tluud insurance ate r laps it the analyses opose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions snail be made within sin (6) months of Bach data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code and this chapter to determine that such certiticatiu,Is and documentation. are col plete; (5) Notify the Federal Emergency Management Agency wren the carpo ate ouandarie3 f the City of Atlantic beach are modified; and (6) Advise applicants for new baildi cgs and structures, incladine sabsta tial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal barrier Resources Act (Pub. C. yi-348) and the Coastal barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available oil such co sty action; areas .abject to this limitation are identified „n flood insurance rate maps as "coastal barrier resource system areas" al "otherwise protected areas." (urd. ivo. z5-13-43, § 2, 4-8-13) Sec. 8-22. Floodplain management rewras. Regardless of any limitation on the period required for retention of public records, the floodplain administiatoi snarl maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resista it construction requirements of the Florida bailding Code, including flood insurance rate maps; letters of change; records of issuance ot permits and denial of permits; determinations of wnetner proposed woi k constitutes substantial improvement or repair of substantial damage; required design certifications and docume natio r of elevations specified by the Flo ida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations ot watercourses: assurances that the flood carryil ig capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification tor issaa rce or denial; acrd ecords of enforcement actions taken par want to this chapter and the flood resistant construction requirements of the Florida Baildi rg Code. i nese Page 37 of 60 Agenda Item #9.A. 13 Mar 2023 recur d. .Mali be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. (O, d. No. z -13-43, § 2, 4-8-i3) 5ubdivisiun 1V. Permits Sec. 8-23. Permits requires. Any owner of owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of tRis c9apte , inclading Badding., sty actares and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood haaid area bnall tirst make application to the tloodplain aamini.tr ator, and the bailding official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval Adll Be i..aed anti) compliance with the r eyairements of this chapter and ail other applicable codes and regulations has been satisfied. (Ord. No. 25-13-43, 9 1, 4-8-1j) Sec. 8-z4. Floudplain permits or approvals. Floodplain development permits or approval. Aall Be i..aed parsaant to tr; chapter for any development activities not Abject to the requirements of the Florida Building Code, including buildings, structures and tacilitie. exempt from the Florida Building Coae. Depending on the nate, a and cAtent of proposed development that includes a building or structure, the floodplain administrator may determine Oat a tloodplain development per ilk ora ppioval b reran ed in addition to a building permit. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-z4.1. Builaitigs, structures acid facilities EAvmpt from the Florida Building Coae. eursuant to the requirements of federal regulation for participation in the Iaational Flood Inbar ance Pr op arr. (44 C.F.R. section. Sy and b0), flo-odplain development permits or approvals shall be required for the following buildings, structures and facilities that ar e enenipt tom tRe Florida Badding Code and any further exemptions provided by law, which are subject to the requirements of this chapter_t (1) Rail oads and ancillar y tacilitie, a..ociated with the railroad. (z) IConresidential farm buildings on farms, as provided in F.S. 9 604.50. (3) Tempo! aiy Baildinp oi ("Ad eAclasively for con.truction purposes. (4) !Mobile or modular structures used as temporary offices. (s) I Robe .ti octane. of tacilities of elect is atilitie3, as defined in F.5. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity. (b) ChicKees constructed by the Ivliccosukee i ribe of Indians of Florida or the Seminole Tribe of Flor iaa. As used in this par agrapfi, tFie ter m "CRicKee" mean. an open -sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incor por ate any elect ical, plamBing, of other non -wood features. Family mausoleums not exceeding two Banded titty z 0) .yaar a feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, r oot., and a tIooi cont acted at granite, marble, or reinforced concrete. (7) Page 38 of 60 Agenda Item #9.A. 13 Mar 2023 (8) (9) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located In flood hazard areas established on flood insurance rate maps. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-25. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application In writing on a form furnished by the community, The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development Is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is Intended, (4) Be accompanied by a site plan or construction documents as specified in sections 8-30 through 8-33 of this chapter. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the floodplain administrator. (8) Include for projects proposing to enclose areas under elevated buildings, a signed Declaration of Land Restriction (Nan -conversion Agreement); the agreement shall be recorded in the Official Public Records of Duval County prior to issuance of the Certificate of Occupancy. (Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18) Sec. 8-26. Validity of permit or approval. The Issuance of a floodplain development permit or approval pursuant to this chapter shall not be construed to be a permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance of this community. The Issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-27, Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit Is commenced within one hundred eighty (180) days after Its issuance, or if the work authorized Is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (180) days each shall be requested In writing and justifiable cause shall be demonstrated, (Ord. No. 25-13-43, § 2, 4-8-13) Page 39 of 60 Agenda Item #9.A. 13 Mar 2023 Sec, 8-28. Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued In error, on the basis of incorrect, Inaccurate or incomplete information, or in violation of this chapter or any other ordinance, regulation or requirement of this community. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-29, Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The St. Johns River Water Management District; F.S. § 373.036. (2) Florida Department of Health far onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.5. § 161.141. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161,055. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.5. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision V, Site Plans and Construction Documents Sec, 8-30, Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the flood Insurance study, they shall be established in accordance with subsection 8-31(2) or 8-32(3) of this chapter. Where the parcel an which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not Included on the FIRM or In the flood insurance study, such elevations shall be established in accordance with subsection 8-31(1) of this chapter. (4) location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide. (3) (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. Page 40 of 60 Agenda Item #9.A. 13 Mar 2023 (6) (7) (8) (9) Where the placement of fill Is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. Delineation of the Coastal Construction Control Line or notation that the site Is seaward of the coastal construction control line, if applicable. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. Existing and proposed alignment of any proposed alteration of a watercourse. The floodpialn administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional If It is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-31. Information in flood hazard areas without base flood elevations (approximate zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodpialn administrator shall; (1) Require the applicant to include base flood elevation data prepared In accordance with currently accepted engineering practices; (2) Obtain, review, and provide to applicants base flood elevation and fioodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonable reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate; a. Require the applicant to develop base flood elevation data prepared In accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than four 34el-eee_#e4f-(4 &) two (2) feet. (4) Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that It shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (3) (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-32. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: Page 41 of 60 Agenda Item #9.A. 13 Mar 2023 (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 8-33 of this chapter and shall submit the conditional letter of map revision, If issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or an the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as zone AO or zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shalt submit the analysis to FEMA as specified in section 8-33 of this chapter. (4) For activities that propose to alter sand dunes or mangrove stands In coastal high hazard areas (zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not Increase the potential for flood damage. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-33. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant, (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision VI. Inspections Sec. 8-34. General. Development for which a floodplain development permit or approval Is required shall be subject to Inspection, (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-34.1. Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this chapter and the conditions of Issued floodplain development permits or approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Page 42 of 60 Agenda Item #9.A. 13 Mar 2023 Sec. 8-34.2. Buildings, structures and facilities exempt from the Florida Building Code. The fioodpiain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued floodplain development permits or approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-35. Same, lowest floor inspection. Upon placement of the lowest floor, Including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator; (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined In accordance with subsection 8-31(3)(b) of this chapter, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-36. Same, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the fioodpiain administrator, on a FEMA Elevation Certificate, a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 8-35 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-37. Manufactured homes. The building official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the building official on a FEMA Elevation Certificate. (Ord. No. 25-13-43, § 2, 4-843) Subdivision VII. Variances and Appeals Sec. 8-38. General. Th_ c -it eemiss en community development board shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the city cow.; community devetopment board shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Page 43 of 60 Agenda Item #9.A. 13 Mar 2023 (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-39, Appeals. The ctyciaffim'nio community development board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this chapter. Any person aggrieved by the decision of the-eity-eeeteeiss4ee community development board may appeal such decision to the circuit court, as provided by Florida Statutes. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-40. Limitations on authority to grant variances. The cit rcp n-ssion community development board shall base its decisions on variances on technical Justifications submitted by applicants, the considerations for issuance in section 8-44 of this chapter, the conditions of issuance set forth in section 8-45 of this chapter, and the comments and recommendations of the floodplain administrator and the building official. The -4t ssieai community development board has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-41. Restrictions in floodways. A variance shall not be issued for any proposed development In a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required In section 8-32 of thls chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-42. Historic buildings. A variance is authorized to be Issued for the repair, Improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 124 Historic Buildings, upon a determination that the proposed repair, Improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. if the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code, (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-43. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial Improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of section 8-41, Is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood, (Ord. No. 25-13-43, § 2, 4-8-13) Page 44 of 60 Agenda Item #9.A. 13 Mar 2023 Sec. 8-44. Considerations for issuance of variances, In reviewing requests for variances, the-city-cof-r4+1 on community development board shall consider all technical evaluations, all relevant factors, all other appiicable provisions of the Florida Building Code, this chapter, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (Ord. No. 25-13-43, § 2, 4-5-13) Sec. 8-45. Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards; (2) Determination by the-eity-eommissien community development board that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief. Receipt of a signed statement by the applicant that the variance, If granted, shall be recorded in the office of the clerk of the court in such a manner that It appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from (3) Page 45 of 60 Agenda Item #9.A. 13 Mar 2023 the floodplain administrator to the applicant for the variance, specifying the airrerence Between the Base rlood elevation ai m the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be comme laarate with the increased ra resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) or iiisarance coverage), and stating that constractioi i belovv the base flood elevation increases risks to life and property. )Ord. N. Lb -1i-4 i § L 4-8-1.i) SU6aivision VIII. viulatiuns 5Cc. 8-46. Violations. Any development that is not within the scope of the Florida Baildiiig Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an ia,aea permit, or that !Joe. not frilly comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other reyaired design certification., or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until aucr time ab that documei station is provided. (Ord. No. z5-13-43, § 2, 4-8-13) Sec. 8-47. Reserved. Set. 8-48. Aothvtity. For development that is not within the scope or the Florida Building Code bat that is regulated by this chapter ai id that is determined to be a violation, the floodplain administrator is authoriLea to .erve notices or vielatieii or atop worn order. to owner. of the property ii evolved, to the owner's agent, or to the person or persons performing the work. (Ora. No. LS -13-4. , § L, 4-8-13) Sec. 8-49. Unlawful continuance. Any per.on who z,hall contig sue any worR after having been served with a notice of violation or a stop work order, except such work as that person is directed to perrorm to remove or remedy a violatioii or unsafe condition, hail Be.aBject to penalties as prescribed by law. (Ord. No. 25-13-43, § 2, 4-8-13) ARTICLE 11. DEFINITIONS Sec. 8-50. Scope. Unless otherwise expressly stated, the foflowi ig words aria term tor the purposes of this chapter, have the meanings show,. Iii this article. (Ord. No. 25-13-43, § 2, 4-8-1.1) Page 46 of 60 Agenda Item #9.A. 13 Mar 2023 Sec. 8-51. Terms defined in the Florida Building Code. Where terns are not defined in this chapter and are defined In the Florida Building Code, such terms shall have the meanings ascribed to them in that code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-52. Terms not defined. Where terms are not defined in this chapter or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context Implies. Accessary structure. A structure on the same parcel of property as a_principal structure and the use of which is incidental to the use of the principal structure and only used for parking and storage. Alteration of a watercourse. A dam, impoundment, channel relocation, change In channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. ASC 24. A standard titled Flood Resistant Design and Construction that Is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of CMI Engineers, Reston, VA, Base flood. A flood having a one -percent chance of being equaled or exceeded in any given year, [Also defined In FBC, 0, Section 2021612.21 The base flood is commonly referred to as the "100 -year flood" or the "one - percent -annual chance flood." Bose flood elevation, The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datura (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). [Also defined In FBC, B, Section 20216121,j Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 262.1-2-21 Coastal A zone. Flood hazard areas that have been delineated as subject to wave heights between 1 Y (457 mm) and 3feet (914 mm). Such areas are seaward of the Limit of Moderate Wave Action shown on the Flood Insurance Rate Map. (Also defined In Florida Building Code (FBC), B, Section 202.1 Coastal construction control line, The line established by the State of Florida pursuant to F.S. § 161.053, and recorded In the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area, Area within the special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V zones" and are designated on flood insurance rate maps (FIRM) as zone V1 -V30, V©� VE, or V. {Nota The FBC, B dcfincs and us - - - - - , - " • ` = " Igh hazard areas."{ Declorot on of Land Restriction )Nan -conversion Agreement). A form provided by the floodplain administrator to be signed by the property owner and recorded on the -property deed or on a title instrument that is insurable by a national title company and acceptable to the City, in Official Public Records of Duval County, By signing, the owner agrees no to convert or modify certain enclosures below the elevated buildings and accessory structures in any manner that is inconsistent with the terms of the buildirapermit and these regulations. Page 47 of 60 Agenda Item #9.A. 13 Mar 2023 Design flood. The flood associated with the greater of the following two (2) areas: [Also defined In FBC, B, Section 2021612.2.1 (1) Area with a flood_piain subject to a one -percent or greater chance of flooding In any year; ar (2) Area designated as a flood hazard area on the community's flood hazard map, ar otherwise legally designated. Design flood elevation. The elevation of the "design flood," Including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two {2) feet. [Also defined in FBC, B, Section 2021612.2.] Development. Any manmade change to improved or unimproved real estate, Including, but riot limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations ar any other land disturbing activities. Encroachment, The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may Impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before March 15, 1977. jAlso defined In FBC, B, Section 2021612.2.1 construct ctianot h 15, 1977. ion-f-er-which the ixcd (including, at a ing of construction of facilities for sear fixed-( c.I ding the Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 2021612,2.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 2021612.2.] Flood hazard area, The greater of the fallowing two (2) areas: [Also defined In FBC, B, Section 20216-1-24.1 ,1 (1) The area within a floodplain subject to a ane -percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood insurance rate rnap (F/RM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined In FBC, B, Section 22021612,2.] Page 48 of 60 Agenda Item #9.A. 13 Mar 2023 Flood insurance study (Fl5), The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, section 2021612.2.] Floodplain administrator. The office or position designated and charged with the administration and enforcement of this chapter (may be referred to as the floodplain manager). Floodplain development permit or approval, An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas aod that are determined to be compliant with this chapter. Floodway. The channel of athe river, creek or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively Increasing the water surface elevation more than one (1) foot. [Also defined in FBC, 0, Section 2021612.1] Floodway encroachment analysis, An engineering analysis of the Impact that a proposed encroachment into a floodway Is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, Including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it Is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long- term storage or related manufacturing facilities, Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 121 Historic Buildings. Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include; (1) Letter of map amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of map revision (LOAM). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of map revision based on fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations, (4) Conditional letter of map revision (CLOMR).A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NF1? requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood Insurance rate map or flood insurance study; upon submission and approval of certified as -built documentation, a letter of map revision may be Issued by FEMA to revise the effective FIRM. Page 49 of 60 Agenda Item #9.A. 13 Mar 2023 Light-duty truck. As defined in 40 C-F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which Is; (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; (3) or Available with special features enabling off-street or off-highway operation and use. Limit of moderate wave action. Line shown on FIRMS to indicate the inland lirnit of the 1 Y foot (457 mm) breaking wave height during the base flood. (Also defined In FBC, B, Section 2021 Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202#5-.] Manufactured home. A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width, -n greater than four hundred (400) square feet, and which is built on an f eamenent, integral chassis and -i$ designed to be used as a dwelling when connected to the required utilities.`or u.c with ltho pew ' ' . The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.J Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Market value. 1 do between a willing buyer an l -a-. illi' ; elle 0e -el -relevant facts. As used In this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the , actual cash value (like -kind replacement cost depreciated for age, wear and tear, neglects and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after March 15, 1977 and includes any subsequent improvements to such structures. lac +st ream -of -streets, and either final -site -grading or the pouring of or after March 15, 1977. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which 1s built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances, Recreational vehicle. A-wel iefe; +nciuding a pork trailer, which-is-4See F,S. § 320,01) (1) Built on a single chassis; (2) four hundred (100) square feet or les when mc^-ured of the Iargest•hertal-pfejeetieni (3)--0esigneil-to-- e se repoll - - _ (-4) Design Page 50 of 60 Agenda Item #9.A. 13 Mar 2023 Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special/load hazard area. An arcv in the fioodploinThe land area subject to flood hazards and shown on a Flood insurance Rate Map or other flood hazard map a:no percent or greater ehanree-of-floediog -ar+y iven year- ec4a loo(4-ha ard-area as zone A, AO, AR Al -ASO, AE, A99, AW, V1 -V30, VE VO or V. [Also defined in FBC, B Section 2021612.21 Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other Improvement is within one hundred eighty (180) days of the date of the issuance. The actual start of construction means -either the first placement of permanent construction of a building (Including a manufactured home) on a site, such as the pouring of slab or footings, the installation of pllinges, or the construction of columns, Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the Installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined In FBC, B Section 2021612,2.] Substantfaf damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined In FBC, B Section 202464441 Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either; [Also defined in FBC, 8, Section 2021612..21 (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that isafe the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction In a manner that would not otherwise be permitted by this chapter or the Florida Building Code, Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. Wet floadoroafina. The use of flood damage -resistant materials and construction techniques to minimize flood damage to structures by intentionally allowing floodwater to enter and exit automatically (without human intervention) to minimize unequal pressure of water on walls (called hydrostatic load or pressure). (Ord. No. 2543-43, § 2, 4-8-13) ARTICLE iII. FLOOD RESISTANT DEVELOPMENT DIVISION 1. BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS, OTHER DEVELOPMENT Page 51 of 60 Agenda Item #9.A. 13 Mar 2023 PART II - CODE OF ORDINANCES Chapter 8 - ROOD HAZARD AREAS ARTICLE 111. - FLOOD RESISTANT DEVELOPMENT DIVISION 1. - BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS, OTHER DEVELOPMENT Subdivision I. Buildings and Structures, Subdivisions, Site Improvements Subdivision I. Buildings and Structures, Subdivisions, Site Improvements Sec. 8-53. Florida Building Code Amendments. (1) Florida Building Code, Building, administrative amendments. a. Where elevations of buildings in flood hazard areas are specified in application, and where certification of the elevation of buildings In flood hazard areas is required, the FEMA Elevation Certificate shall be submitted. b. Where certification of the design of dry floodproofed nonresidential buildings in flood hazard areas is required, the FEMA Nonresidential FloodproofinfCertificate shall be submitted. Applications for projects proposing to enclose areas under the elevated buildings shall include a fully executed Declaration of Land Restrictions (Non -conversion Agreements), which shall be recorded in the Official Public Records of Duval County prior to issuance of the certificate of occupancy. (2) Florida Building Code. Building and Residential, technical amendments. a All buildings and structures that are within a special flood hazard area shall have the lowest floor dry floodproofingmeasures, or the bottom of the lowest horizontal structural member of the lowest floor. as applicable to occupancy and flood zone, at or above the base flood elevation plus two and one-half (2,5) feet, b. Non-residential buildings that are within Coastal A Zones shall not be permitted to be dry floodproofed and shall not be permitted to have backfilled stem wall foundations. c. Residential buildings that are within Coastal A Zones shall not be permitted to have backfilled stem wall foundations. Sec. 8-543. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 8-24,1 of this chapter, buildings, structures, and facilities that are exempt from the Florida Building Code, Including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed In accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of sections 8-75 through 8-82 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13; Ord, No, 25-18-44, § 2, 7-9-18) Sec. 8-554. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. Page 52 of 60 Agenda Item #9.A. 13 Mar 2023 (2) Minor structures and non -habitable major structures as defined in F.S. § 161.54, shall be designed and constructed to comply with the Intent and applicable provisions of this chapter and ASCE 24, (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-56S. Subdivisions; minimum requirements. Subdivision proposals, including without limitation, proposals for manufactured home parks and subdivisions, shall be reviewed to determine that (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) AH public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and Adequate drainage is provided to reduce exposure to flood hazards and to comply with all stormwater and impervious surface regulations contained in chapter 24, land development regulations. In zones AH and AO, adequate drainage paths shall also be provided to guide floodwaters around and away from proposed structures, {Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18) (3) Editor's note(s)—Ord. No, 25-18-44, § 2, adopted July 9, 2018, changed the title of § 8-55 from "Minimum requirements" to read as herein set out. Sec. 8-578. Subdivision plats, Where any portion of proposed subdivisions, including without limitation, manufactured home parks and subdivisions, Iles within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; (2) Where the subdivision has more than fifty (50) lots or Is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined In accordance with section 8-31(1) of this chapter; and Compliance with the site improvement and utilities requirements of sections 8-57 through 8-62 of this chapter. (Ord. No_ 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18) (3) Sec. 8-58-7. Site improvements, utilities and (imitations; minimum requirements. All proposed new development shall be reviewed to determine that; (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and Adequate drainage Is provided to reduce exposure to flood hazards and to comply with all stormwater and impervious surface regulations contained In chapter 24, land development regulations. In zones AH and AO, adequate drainage paths shall also be provided to guide floodwaters around and away from proposed structures. (3) Page 53 of 60 Agenda Item #9.A. 13 Mar 2023 (ord. No. 2543-43, § 2, 4-8-13; Ord, No. 25-18-44, § 2, 7-9-18) Editor's notes)—Ord. No. 25-18-44, § 2, adopted July 9, 2018, changed the title of § 8-57 from "Minimum requirements" to read as herein set out. Sec. 8-598. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters Into the facilities and discharge from the facilities into floodwaters, and Impairment of the facilities and systems, (Ord. No. 2543-43, § 2, 4-8-13) Sec. 8-6069, Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards In Chapter 62-532,500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate Infiltration of floodwaters into the systems. (Ord. No, 25-13-43, § 2, 4-8-13) Sec. 8-610. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in subsection 8-32(1) of this chapter demonstrates that the proposed development or land disturbing activity will not result in any increase In the base flood elevation. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-624. Limitations on placement of fill. Fill shall not be used to elevate buildings except where used to backfill stem wail foundations. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged Inundation, and protection against flood -related erosion and scour. In addition to these requirements, if Intended to support buildings and structures (zone A only), fill shall comply with the requirements of the Florida Building Code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-631 Limitations on sites in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by section 8-32(4) of this chapter demonstrates that the proposed alteration will not Increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 8-82(3) of this chapter, (Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18) Page 54 of 60 Agenda Item #9.A. 13 Mar 2023 PART II - CODE OF ORDINANCES Chapter 8 - FLOOD HAZARD AREAS ARTICLE III. - FLOOD RESISTANT DEVELOPMENT DIVISION 1. - BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS, OTHER DEVELOPMENT Subdivision ll. Manufactured Homes Subdivision 11. Manufactured Homes Sec. 8-643. General. All manufactured homes Installed in flood hazard areas shall be Installed by an installer that Is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. if located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-654, Foundations. All new manufactured homes and replacement manufactured homes installed In flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (zone A) other than coastal high hazard areas and coastal A zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section 8322.2 and this chapter, (2) In coastal high hazard areas (zone V) and coastal A zones, are designed In accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-666. Anchoring. All new manufactured homes and replacement manufactured homes shall be Installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. (Ord, No. 25-13-43, § 2, 4-8-13) Sec, 8-676. Elevation. Ali manufactu e•. homes that are ced r laced orsubstarrtiall im•roved in flood hazard areas shall be elevated such that the bottom of the frame Is at or above the base flood elevation plus two_@nd one half (2.5) feet. Ma ..raced ,prat,,,, . subsFlnfi-ie.14y-impeeved-s4s i (Ord. No. 25-13-43, § 2, 4-8-13) Page 55 of 60 Agenda Item #9.A. 13 Mar 2023 tIn4ess subject to the requirements -of section 8-67 of this chapter, all manufactured homes that ar-e-placed, reel er#-ons+te: located; `dmf a manufactured home park or subdivision; (b) in clivi ion; (c) in ... eip rasion to an existing manufactured home park or r�clFvisior subdivision; or4614-4 incurred "substa pliea hazard area, in the Ford Section R322.2 (zoneA) or Soction4t322.3 (zone V). (Ord. No. 25-13-43, § 2, 4-8-13) e frame is at or tivicioncw that a saw, . . that either they 8322.3 (zone V); or (2) Bottom of the frame is sr rrr-ted equivalent strength -that are not less than thirty six (36) inches in heig « above glade (Ord. No. 25-13-43, § 2, 4-8-13) ment&of-at-1,east Sec. 8-68. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. (Ord. No, 25-13-43, § 2, 4-8-13) Sec. 8-69. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section 8322, as applicable to the flood hazard area. (Ord. No. 25-13-43, § 2., 4-8-13) Subdivision III. Recreational Vehicles and Park Trailers Sec. 8-70. Temporary placement. Recreational vehicles and park trailers placed temporarily In flood hazard areas shall: (1) Be on the site for fewer than one hundred eighty (180) consecutive days; or Page 56 of 60 Agenda Item #9.A. 13 Mar 2023 (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-70.1, Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 8-70 of this chapter for temporary placement shall meet the requirements of sections 8-644 through 8-69 of this chapter for manufactured homes. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision IV, Tanks Sec. 8-72. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank Is empty. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-72. Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of section 8-73 of this chapter shall: (1) Be permitted in flood hazard areas (zone A) other than coastal high hazard areas and coastal A zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood - borne debris, (2) Not be permitted in coastal high hazard areas (zone V) and coastal A zones. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-73. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood, Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. (Ord, No, 25-13-43, § 2, 4-8-13) Sec. 8-74. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be (1) At or above the design flood elevation or fitted with covers designed to prevent the Inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and Page 57 of 60 Agenda Item #9.A. 13 Mar 2023 (2) Anchored to prevent lateral movemerrt r exalting frim hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (Ord. Nu. 25-13-43, 9 2, 4-8-13) Su c1ivision V. Other Development Jet.. 8-75. ueneral requirements for other development. All development, including manmade ges to imp oved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, s9all: (1) (z) Be located and cunstr acted to minimi,e fl„od damage; Meet the limitations of section 8-619 of this chapter it located 111 a regulated Tloodway; (3) Be ancnored to preeirt flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during condition s oT tne deign flood. (4) Be cuustr acted of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above tre aesigir flood elevatiiii, eAcept that min imam electric service required to address life safety and electric code requirements is per mitted below the deign flood elevation provided it coy for ms t„ the provisions of the electrical part of building code for wet locations. (Ord. Nu. 15-13-43, 9 2, 4-25-13) Set,. 8-7b. Fences ill regulated floodways. Fences in regulated floudways that nave tfle potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 8-619 ut tris cfiapte . (Ord. No. 25-13-43, 91, 4-8-13) Jet,. 25-77. Ketaining walls, sidewalks and driveways in regulated tloodways. Retaining walls and sidewalks and driveways tnat involve the placeme rt of fill in regulated floodways shall meet the limitations of section 8-610 of this chapter. (Ord. No. 25-13-43, 9 2, 4-s-13) Jet.. 8-78. Kvads and watert,uurse crossings in regulated tloodways. Roads and watercourse crossings, including road, 6. idges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one (1) side of a watercourse to the other side, tliat encroacR into regulated nooaways shau meet tne limitations of secti„n ts-Big of this chapter. Alteration of a watercourse that is part of a road or watercourse crossing sfiali meet tFie l euai ements of subsection 8-3z(3) of this chapter. (Ora. Nu. z5-13-43, § 2, 4-23-13) Page 58 of 60 Agenda Item #9.A. 13 Mar 2023 Sec. 8-79. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V) and coastal A zones. in coastal high hazard areas and coastal A zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) Inches. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-80. Decks and patios in coastal high hazard areas (zone V) and coastal A zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and coastal A zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any Increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart Into small pieces to minimize debris during flooding that Is capable of causing structural damage to the building or structure ar to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches ar that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) Inches or less and that Is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-81. Other development in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones, development activities other than buildings and structures shall be permitted only If also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: Page 59 of 60 Agenda Item #9.A. 13 Mar 2023 (1) (2) (3) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and On-site sewage treatment and disposal systems defined In 64E-6.002, F.A.C., as filled systems or mound systems. (Ord. No. 2543-43, § 2, 4-8-13) Sec. 8-82. Nonstructural fill in coastal high hazard areas (zone V) and coastal A zones. In coastal high hazard areas and coastal A zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection If the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance Is maintained between the top of the sand dune and the lowest horizontal structural member of the building, (2) (3) (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-83. Non -elevated accessory structures. Non -elevated accessory structures are permitted provided the accessory structures are used only for frarking_or storage and: 11) If located In special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one- story and not larger than 600 sq. Ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (2) if located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 so. ft. (3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (4) Have flood damage -resistant materials used below the base flood elevation plus one (11 foot. (S) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one L1j foot. Page 60 of 60