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3-25-13 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING March 25, 2013 - 6:30 PM Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of March 11, 2013. B. Approve the minutes of the Commission Briefing of March 7, 2013. 2. Courtesy of Floor to Visitors A. Proclamation declaring the month of April as Child Abuse Prevention Month. B. Proclamation declaring May 5 through May 11, 2013 as Municipal Clerks Week. 3. Unfinished Business from Previous Meetings, A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and the Utility Sales Report for February 2013. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 25-13-43, Introduction and First Reading AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 1 B. ORDINANCE NO. 60- 13 -18, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17 -2, DEFINITIONS, AND ARTICLE I1, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. (Public Hearing) Authorizing purchase of River Branch Property. (City Manager) B. Videotaping Commission Meetings. (City Manager) C. Pay and Classification Study Update. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney 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 Chambers. 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 by 5:00 PM, Friday, March 22, 2013. 2 MINUTES REGULAR CITY COMMISSION MEETING March 11, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of February 25, 2013. B. Approve the minutes of the Commission Workshop of February 25, 2013. C. Approve the minutes of the Commission Briefing of February 21, 2013. D. Approve the minutes of the Special Called (Shade) Meeting of February 21, 2013. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Item 8F was taken out of sequence and acted on at this time. 8F. Review of City Code, Chapter 17- Signs regarding flags. Building and Zoning Director Michael Griffin summarized his staff report, explaining the Community Development Board's recommendation was that the Commission authorize the City Attorney to draft language to amend the sign code to allow one additional flag, not to exceed 24 s.f. He stated currently the sign code allows any amount of American flags but any other flag under the code is considered a pennant. Mayor Borno asked if there are any recommendations on the relationship to the flag other than the description of the flag. Mr. Griffin stated, no, nothing on the definition of the flag. He stated there is a definition of flag in the sign ordinance but there was no recommendation to change that definition. Motion: Authorize City Attorney to draft language to amend Sign Code to allow one additional flag, not to exceed twenty -four square feet, as recommended by the Community Development Board. Moved by Mark, Seconded by Daugherty Mayor Borno clarified the definition of a flag as stated in the ordinance and suggested it should read that it should be a national flag of a recognized nation and believes they should leave all descriptions out for fraternal organizations, etc. Discussion ensued. City Attorney Jensen stated you cannot govern the content of the flag due to first amendment rights. He stated they can have an ordinance limiting the size of flags, number of flags, number of flag poles, etc. but you cannot, by ordinance, control the content of flags. He stated he spoke to another attorney who specializes in signs, billboards, and flags all over Florida and the United States who said you can do nothing to control or regulate the contents. Discussion ensued. City March 11, 2013 REGULAR COMMISSION MEETING Page 2 Attorney Jensen stated they will bring back the ordinance with the suggested language for the Commission to look at. Mayor Borno explained this issue originally came about when they were working to clean up Mayport Road's commercial district and get rid of every type of flag imaginable and it resulted in Mayport Road getting cleaned up. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Mark stated since this ordinance was originally brought before the Commission by her in an effort to discuss revising it so businesses could fly another flag, she is deeply upset in how it turned out to be such a fire storm. She stated they are trying to do the right thing because they do want the businesses to be able to fly their flags. She stated it did start with another business and has become the proverbial snowball effect. She stated since they have agreed to have this ordinance revised she would like to make a motion to temporarily suspend enforcement of prohibiting businesses from flying any flag other than the American flag. Motion: Temporarily suspend enforcement of Section 17.26, prohibiting businesses from flying any flag other than the American flag and allowing one flag to be flown in addition to the American flag, so long as the flying of the flags do not impede rights -of -way or create any other safety hazard, until such time the proposed ordinance has been properly passed as an ordinance. Moved by Mark, Seconded by Daugherty Discussion ensued. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Michele Culhane, Cuhane's Irish Pub, 967 Atlantic Blvd., stated they appreciate the Commission letting them hang their flag, especially on this holiday. She stated the media attention has gone back to Ireland. Mayor Borno pointed out that this was not an Irish issue; it was a code enforcement issue on the right -of -way. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mitch Reeves, 1663 Sea Oats Drive, addressed item 8C, stating he has truly enjoyed being on that Board the past two years but asked that he not be considered for reappointment due to his dreams for another position. He further stated with the planning sessions coming up, he believes they should add that anyone who runs for office in Atlantic Beach must prove that they are a U.S. citizens and perhaps call it Sally's law. Steven Main, 510 Hopkins Street, representing the Atlantic Beach Athletic Association, stated they are hoping they can get some of the Community Development Block Funds allocated for Donner Park and Russell Park for upgrades in safety and to help the parks grow. He stated in the past year they have increased their enrollment by about 100 children playing baseball and softball and are really outgrowing the facilities. He stated they are currently using Donner Park as an overflow for practices and make -up games. He stated March 11, 2013 REGULAR COMMISSION MEETING Pate 3 there are no batting facilities out there and the outfield fence is inadequate, so they are hoping some of the funds can help in that regard. He further stated they could also improve safety netting and sun screening in Russell Park and hope some of those funds could be allocated in that direction. Mark Tomaski, 448 Snapping Turtle Court W., spoke in favor of Ordinance 5- 13 -58, stating he believes it is a good ordinance and at the last meeting four out of five of the Commission voted for it but then two of them changed their minds at the last workshop. He stated he was wondering what changed their minds. He stated there is little chance for the people to become aware of their change in position from that Thursday to Monday, which is another reason this ordinance is needed. He stated this system works for Neptune Beach. He stated it allows the people to be heard and allows them to think about the planning at each meeting from each of those workshops. He stated it allows the people to voice their opinion at the workshops. He stated he heard one of the reasons the Commissioners voted against it was that it would be a burden on staff. He stated he believes this would be a very small change in procedure that would have a potentially large impact for the people and to have management blame staff gives the appearance that management and/or staff don't want to or are not capable of making small changes. He stated it does not seem plausible to him that the staff can't make such a change. He stated it clearly demonstrates that some of the officials put the concerns of staff burden before the service of the people. He stated the second concern was that it might cost more, and he hopes that is not an argument tonight when they discuss this ordinance, because he believes it would be an insult to the intelligence of the people of Atlantic Beach. He stated another concern was that it would slow down development, i.e. use -by- exceptions, which he believes is one of the benefits because it does slow things down. He stated it gives the people another chance to take a look at the exception and have additional time to inspect such exceptions and how it would impact their lives. Ira Richardson, 312 191h St., stated they just moved to Atlantic Beach. He stated they have been welcomed, it has been joyful, everybody has been very kind and helpful and they couldn't be happier to be here. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Item 8C was taken out of sequence and acted on at this time. 8C. Appointment to the Board Member Review Committee. City Clerk Donna Bartle explained since Mr. Reeves had withdrawn they are down to one candidate. She stated Mitch Reeves' term is expiring on March 27 so they need the Mayor to make an appointment and have the Commission approve it. Mayor Borno stated he moves that they appoint Solomon Brotman to the Board. Motion: Appoint Solomon Brotman to serve on the Board Member Review Committee for a 2 -year term effective March 28, 2013. Moved by Borno, Seconded by Daugherty Mr. Brotman thanked the Commission for the opportunity to serve. Commissioner Daugherty stated he admires what Mitch Reeves is doing. He stated he served on the Board with him and he has done a very good job, bringing a lot of insight and knowledge and he will be missed. Mayor Borno agreed, stating this is the most important Board because all the members of the other Boards go through this Board and it is critical that they have people skills and are able to read people and select the right people for the right job. March 11, 2013 REGULAR COMMISSION MEETING Page 4 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED A. Proclamation declaring April 17, 2013 as Military Family and Community Covenant Day. Mayor Borno read the proclamation in full and declared April 17, 2013 as Military Family and Community Covenant Day. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for January 2013 and List of New Businesses for February 2013. B. Award a contract for Bid No. 1213 -3 for the Interior Repair and Painting of only Elevated Tank at Water Plant #1 and Ground Storage Tanks at Water Plant #3 in the amount of $87,000 plus a 10% contingency of $8,700 to Crom Coatings, A Division of The Crom Corporation and authorize the City Manager to sign the contract. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. Motion: Approve Consent Agenda Item B as read. Moved by Woods, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods questioned the unrestricted cash item on the Financial Report for January 2013. She stated it is over $11 million, which seemed higher than in the past. She stated in the past two years the City has saved an additional $3 million and asked if this is what has been put aside for the police building, which she thought was restricted. City Manager Hanson explained that is not considered restricted cash, which includes the 25% reserve set by the Commission, customer deposits, money in the pension funds, etc. He March 11 2013 REGULAR COMMISSION MEETING Page 5 stated this has built up over the past several years; nothing has gone into the pot this year. He stated some of the increase was from when they increased the water and sewer rates to anticipate the bond repayments for the TMDL project at the wastewater plant. He stated they anticipated they would begin making those payments relatively soon, but the way the State Revolving Loan Fund worked out, they are just now starting to make those payments. He stated, therefore, they accumulated some extra funds in the utility fund because of that which would be some of it. He stated he would have to ask the Finance Director for a detailed report of why it went up, but believes these would be the big ones. Commissioner Woods asked if the money that has been put aside for the police building is a part of that or is not a part of that. Mr. Hanson stated a part of that would be from the police building but he could not say exactly how much without going back and looking. Commissioner Woods stated they have also discussed this year about unspent monies that have been allocated, such as salaries, etc. that have been budgeted for but haven't come to fruition and asked if those monies are carried forward and become part of this unrestricted cash balance. Mr. Hanson stated they would not; they would be budgeted funds that have not yet been spent. He stated they would not become part of the unrestricted pot until year -end when they eliminate the budget. Commissioner Woods asked if at the end of the year, any unspent monies that have been budgeted stay in the bank and become unrestricted cash. Mr. Hanson stated that was correct, unless the Commission budgets it for something else the next fiscal year. Commissioner Woods stated, looking at all of the interest rates, they are making an average return of 1.74% on all that money, which she believes is a lousy rate of return. Several of the Commissioners and the City Attorney stated that is high. Mr. Hanson explained, for short-term money, that is a pretty good rate of return. Commissioner Woods stated part of her concern is that they are budgeting money and it is being put in the next year's budget, yet they have pension liabilities that keep growing and wanted to bring this up so at strategic planning they can be thinking about this. She stated she believes they need to be rethinking what is happening to these excess budgeted funds and where they are putting them and what they are doing with them. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbacb, Daugberty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13 -03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, URGING CITIZENS AND PRIVATE BUSINESSES TO SUPPORT "EARTH HOUR 2013" BY TURNING OFF THEIR LIGHTS FOR ONE HOUR, FROM 8:30 PM UNTIL 9:30 PM ON SATURDAY, MARCH 23, 2013. Mayor Borno read Resolution No. 13 -03 by title. Motion: Approve Resolution No. 13-03 as read. Moved by Woods, Seconded by Mark March 11 2013 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 13-04 ATTACHMENT E -6, RESOLUTION NO. 13 -04 FOR ASSISTANCE 2013 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM. Mayor Borno read Resolution No. 13 -04 by title. Motion: Approve Resolution No 13 -04 as read and authorize the City Manager to sign the applications for the Florida Inland Navigation District's Waterways Assistance Program Grants. Moved by Mark, Seconded by Woods Public Works Director Rick Carper explained, as part of our FIND grant application, the City Commission is required to go on record as supporting funding of the City's portion of those grants, if they are approved, which is what this resolution does. He stated the resolution puts the City on record that we will fund our portion of the construction of the three projects that are under design now and also will invest our portion in the design for the pedestrian path, which is the second portion of the grant application they are looking at this year. Mr. Hanson pointed out that this will require the City to pledge up to $200,000 in matching funds next year, assuming we get the grants. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 5-13-58, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -58 by title. Motion: Approve Ordinance No. 5 -13 -58 as read. Moved by Beckenbach, Seconded by Woods Mayor Borno summarized the Ordinance. Mayor Borno opened the Public Hearing. March 11 2013 REGULAR COMMISSION MEETING Page 7 Sally Clemens, 1638 Park Terrace West, stated they should vote for this Ordinance because if it doesn't work they can go back to the old way. No one else from the audience spoke, so Mayor Borno closed the Public Hearing. Commissioner Beckenbach stated he would like to defer this to the next workshop to discuss it further. He stated there were a number of different issues brought up at the last workshop that he would like to bring up again. Mr. Hanson stated they could discuss it at the next workshop but if he is going to defer it to a date it would be the next Commission meeting. Commissioner Beckenbach stated he would like to defer it to the next regular meeting in order to further discuss it at the workshop. Motion: Defer to next Commission meeting. Moved by Beckenbach, Seconded by Mark Commissioner Mark stated, based on a public comment on this, she wanted to clarify that at the workshops she did not say that she was going to vote against this. She stated if she inferred that she was going to vote against it, she did not mean to infer that and she apologizes. She explained the discussion was that they wanted to insure that there was a smooth transition and they were discussing setting up a temporary time in order to give staff time to get everything in order. She stated, secondly, she mentioned in the interim as an option that she had stated they could hold the workshops before each Commission meeting, but they can discuss that further. City Clerk Bartle asked the Mayor to clarify that they would be deferring the public hearing as well; would this be the second reading they are deferring. Mayor Borno stated this would be the second reading deferral. Votes: Aye: 5 — Borno Daugherty, Mark, Woods, Beckenbach Nay: 0 MOTION CARRIED Commissioner Woods recommended that Commissioner Beckenbach consider under B2, with holiday schedules being the way they are, that both the regular and the workshop meeting should be on the second Monday of the month, one before the other. Commissioner Daugherty stated he understands and agrees with the motivation behind this but believes calling special meetings takes away from transparency of government. He explained if something comes up as an emergency and they call an emergency meeting to take care of it, the notice is not there to the public, so the Commission then has the ability to do things that are not transparent. He stated he believes in them trying to accomplish one thing they are actually going in a different direction with this. He stated by simply moving the agenda back to coming out on Friday it will give people the weekend and the week to think about it, he believes they will accomplish a lot more. He believes that is a simple solution and probably the best solution for this. B. ORDINANCE NO. 20-13-121, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -121 by title. March 11 2013 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 20 -13 -121 as read. Moved by Mark, Seconded by Woods Mayor Borno explained the modifications to the budget. Mayor Borno opened the Public Hearing. No one from the audience spoke, so he closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Marsh Master Plan 2013 Grant Applications Approval. Public Works Director Carper stated this is to get concurrence from the Commission to apply for the grant as well as to get the approval for the City Manager to sign the grant paperwork. He explained the two grants they are looking at, stating both are intended to fund the Marsh Preserves pedestrian path. Motion: Approve Staff applying for the FIND and OGT grants and authorize the City Manager to sign the applications and subsequent grant related paperwork when completed. Moved by Woods, Seconded by Daugherty Mr. Carper answered questions from the Commission and gave an update of the projects in process. Commissioner Daugherty stated Mr. Carper has done an exemplary job over the past three years he has worked with him and appreciates the work he did with the Safe Routes to School. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Request to approve proposed project(s) for FY 2013 -2014 Community Development Block Grant (CDBG) funds. Mr. Carper explained this is the annual Community Development Block Grant application, stating this year's recommendation is to use the funds for the Donner Park Baseball Field upgrades. Mayor Borno asked, as was brought up tonight, could there be some other utilization of funds at Russell Park. Mr. Carper stated Russell Park is not in the area that the Commission has defined as eligible for Community Development Block Grant funds. He stated Russell Park support would have to come out of the general budget. Motion: Approve recommended project number one, Donner Park Upgrades, as described herein and authorize the City Manager to submit the request to the City of Jacksonville and sign documents as necessary to execute the contract. Moved by Woods, Seconded by Mark Mr. Carper stated this is the final project in a four -phase step at Donner Park. March 11 2013 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Appointment to the Board Member Review Committee. This item was taken out of sequence and acted on earlier in the meeting. D. Review of Resolution No. 12 -04 imposing a moratorium on the sale of used automobiles within the Commercial General Zoning Districts. Building and Zoning Director Michael Griffin summarized his staff report, explaining the moratorium for use -by- exceptions for CG Zoning for used car lots ends tomorrow. He stated at the February 19, 2013 Community Development Board meeting they recommended that the Commission suspend the moratorium and recommended that staff improve the administrative process for the use -by- exception. Motion: Endorse the February 19, 2013 Community Development Board recommendation to set administrative standards for use -by- exception reviews. Moved by Woods, Seconded by Beckenbach Mr. Griffin answered questions from the Commission. Commissioner Woods thanked the Community Development Board for looking at this and thanked Mr. Griffin for his help on this as well. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. Proposed Floodplain Management ordinance revisions. Building and Zoning Director Michael Griffin explained as a part of the City's participation in the National Floodplain Management insurance program we are required to update our ordinance from time to time. He stated they have sent a template of an ordinance to adopt which doesn't change any administrative regulations the City already has in place. He stated staff is recommending that they prepare for first reading the new Floodplain Ordinance which will be amended completely. Motion: Direct staff to prepare for first reading the Floodplain Management Ordinance revisions as recommended by the State of Florida Division of Emergency Management and the Community Development Board. Moved by Woods, Seconded by Mark Mr. Griffin stated participating in this voluntary program allows for a 15% discount for floodplain insurance rates to the property owners in Atlantic Beach. March 11, 2013 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED F. Review of City Code, Chapter 17- Signs regarding flags. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Hanson reported the Strategic Planning sessions will be held at Adele Grage from 5 — 9 the next three nights, explaining the agenda was sent out for each night. He further stated they received many emails about the flag issue and suggested sending one response to everyone and asked who they thought should send it. Commissioner Woods stated she thought it should come from the Mayor. Mayor Borno stated he believes it should be an email reply. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Beckenbach Asked when the next workshop briefing will be. Mr. Hanson and Mayor Borno stated it will be at 3:00 on 3/21/13. Commissioner Woods stated she will be out of town. Commissioner Beckenbach asked for time for the citizens to speak if they wish to at the briefings. Thanked the Commission for allowing him to call in for the last workshop. He stated it was very garbled while listening and asked if they could make it more usable. Mr. Hanson stated they have been advised by the City Attorney that State law does not allow commissioners to participate in a meeting where they are voting, so the only time they could call in would be for a shade meeting or a workshop. He stated during a shade meeting they are not in this room so it would be only for limited times, but he will ask IT what it would cost to upgrade the sound system. Commissioner Daugherty • Reported on the meeting with Mr. Carper on Thursday on pedestrian safety. Mr. Carper stated application will be in on March 29. • Stated the font on the overhead screen is hard for the audience to read and he would like to have it larger in the future. • Asked Mr. Hanson to send an email of the items they will discuss at strategic planning. • John November sent something to all the Commissioners regarding the Bennett's Landing event and cautioned the Commission that this is something they may vote on in the future so it might not be good if they are to go and talk about it. Commissioner Woods Has been speaking with the representative on video streaming who will be here on March 25 -26 if anyone wants to meet with him. She stated she will give that information to the City Clerk and will forward it in an email to everybody if they want to get in touch with him. March 11, 2013 REGULAR COMMISSION MEETING Page 11 Commissioner Mark • Stated on the 21" workshop she will have to leave at 4:15 due to a prior commitment on Thursdays. • Will be out of town the week of 25th and will not be at the next Commission meeting. • Happy St. Patrick's Day. Commissioner Woods stated since Commissioner Mark will not be at the next Commission meeting, they should defer the decision on the Ordinance to the following meeting. Motion: Defer Item 7A, Ordinance No. 5- 13 -58, to the April 8th Commission Meeting. Moved by Commission Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno • Asked Mr. Carper to explain the proposed bike path/sidewalk on Seminole Road. Mr. Carper stated he will bring a map to strategic planning tomorrow. He stated the proposed project is to convert the 4 ft. sidewalk into an 8 ft. sidewalk from where it ends now at the north end of Oceanwalk to the five - way stop and then go down Sherry Drive and down Seminole to tie into the current school guard crossing at Sea Spray. • Regarding the video streaming meetings on the 25th, this is just one vendor and one set of software. He stated depending on their decision, it could be an RFP issue. Commissioner Woods stated this representative can show them so much more of what the software can do than she or Keith Randich could show them, so she believes it is worth their time if they can look at it. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:05 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer Minutes of Commission Briefing March 7, 2013 Present: Mayor Mike Borno, Mayor Pro Tern Maria Mark, Commissioners Jonathan Daugherty and Carolyn Woods, (Commissioner Mark Beckenbach was conferenced in by phone), City Manager Jim Hanson, Public Works Director Rick Carper, Building and Zoning Director Michael Griffin and City Clerk Donna Bartle. Mayor Borno called the meeting to order in the Commission Chamber at 3:02 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on March 11, 2013, as follows, with Mr. Hanson reporting on each item: Commission Meeting March 11, 2013 ® Item 6A- Resolution on "Earth Hour 2013 " - Adele Grage in use. ® Item 613- FIND Resolution- 2 grants sought; construction of overlooks and kayak launch and design funds for ped path. ® Item 7A- Ordinance changing time of meetings- A lengthy discussion ensued regarding issues brought up by staff. Commissioner Beckenbach indicated he would make a motion to defer the item at the meeting. Commissioner Woods requested that staff come up with a timeframe needed for the transition. ® Item 8A- Approval to apply for 2 grants for ped path design and permitting. ® 813- Possible CDBG projects for next year. Mr. Carper and Mr. Hanson explained the projects and answered questions from the Commission. (Mayor Pro Tern Mark left at 4:15 pm) e Item 8C- Appointment to BMRC. ® Item 8D- Moratorium on UBEs for used car sales. Mr. Griffin reported. ® Item 8E- Floodplain ordinance. Mr. Griffin reported. O Grant Consulting was added by Commissioner Daugherty for discussion. ® Item 8F- Ordinance on flags in commercial zones. Mr. Hanson was asked to look into whether the City has the ability to limit the content in the flags people may choose to fly under the proposed new rule. 2. Strategic Planning schedule. Tipping fee status. 4. Agenda Briefing Workshops- Mr. Hanson asked whether the Commission wanted the Agenda Briefing Workshops held on Thursdays to end. The consensus was to schedule one for March 21, 2013 at 3:00 pm. Mayor Borno adjourned the meeting at 4:35 p.m. Mike Borno, Mayor AGENDA ITEM # 2A MARCH 25, 2013 ()ZO CLWWtlom WHEREAS, Florida's future prosperity depends on nurturing the healthy development of more than four million children currently living, growing and learning within our many diverse communities; and WHEREAS, every child is entitled to be loved, cared for, secure, and protected from verbal, sexual, emotional, and physical abuse, exploitation and neglect; and WHEREAS, child abuse continues to be one of our nation's most serious public health problems. Studies have shown that the abuse and neglect of children can cause severe, costly and lifelong problems affecting all of society, including physical and mental health problems, school failure and criminal behavior; and WHEREAS, research shows that parents and caregivers who have social networks and know how to seek help in times of trouble are more resilient and better able to provide safe environments and nurturing experiences for their children; and WHEREAS, individuals, businesses, schools, and faith -based and community organizations must make children a top priority and take action to support the physical, social, emotional and educational development and competency of all children; and WHEREAS, during the month of April, Prevent Child Abuse Florida, in collaboration with the Florida Department of Children and Families, will be engaging communities throughout the state in a coordinated effort to prevent child abuse and neglect by promoting the awareness of healthy child development, positive parenting practices and the types of concrete support families need within their communities. NOW THEREFORE, I, Mike Bomo, Mayor of the City of Atlantic Beach, Florida, do hereby proclaim the month of April 2013, as CHILD ABUSE PREVENTION MONTH and urge all citizens of the City of Atlantic Beach to work together to help reduce child abuse and neglect and make every effort to promote programs that benefit children and their families. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 25"' day of March, 2013. Mike Borno, MAYOR AGENDA ITEM # 213 MARCH 25, 2013 AOG'C o atib L Municipal Clerks Week May S through May 11, 2013 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal set-vice to all, and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations, and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Mike Borno, Mayor of the City of Atlantic Beach, do recognize the week of May 5 through May 11, 2013, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Donna L. Bartle, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 8'h day of April, 2013. Mike Borno, MAYOR AGENDA ITEM # 4A MARCH 25, 2013 t"1 p r in N ZO pr O o W �r0(or O N ti N o N r d F T U LL. W W a - - - - -- fA fA Q a! J r O J Q Z Qp coo WZ�ZZ ~� v�pU2= v °' z J w: V O p J J W mwa.2 _ a` � 0o 0 0 M ® w O000 o00 O o 00 00 00 00 00 00 0 0 Co 0 0 0 0 0 a o0 00 V) o 0) 00 N � J O O O O a> It o O o O (- M er 09 Co O o O t- r 0 O (o M O Q Iq O (a N O M It O c O oc W c) !^ O M M a) 0 ti w Z N O O t r (" M (0 O 0) N v r N t7 r ® O r 00 N Q O r 69 MO. Fp � p F— Q ch LU LL I— O ® o V m N 61Y 6111 U 6111 6111 6111 6111 - (fs 6111 6111 - 6111 - - 6111 — 6111 6111 -- 6111 - 6111 - 6111 6111 6111 6111 -- -- 6111 - 6111 6111 - -- 6111 - , C , 00 C W LL 04 C ~ NO O li a> Z = O Z Z � 00 (a Lf) 0 2 O N 00 r 00 co Lul Z'A OW ,/+� � N � a/ } N ' ' O tp ' ' 000.000000 W OOOOOOOO ' ' 0000000 0000000 O O �j Q AA CL Q LL fA h N N(V('9h00rtp00 �N W WNWO O O Ot70000WQ OOIq rhihO lqt a) N a O 0 M rOOMto(DC4wN NIq r N (O ■ 5 N 6o (l� LL F r 0 M N a r r r O N I(L OLL O O g W V ix W W 0 w Na a. N 61), 6111 6-,40 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 (a 6111 61). tO 6111 6111 6111 Z W r N _ to Fr C�CMI G to LLa W 00t7000NM� �NN�NNOON �N (oNrw -- m O a N N m Z O000ONI M Z Q W - ~ O ~ �m O Z O 1- O OW LL �ow�J O� to -ja V ~ ya w pJ O Z�Z(A a J Q a J�QJQJU g W Q a J Q N J Q Q O Z� Z} W to Q ]U Q-J C(020000 00~wv�- VFW } �-- LL wWpw� W� LL. W�Wwmw��Qamzs— aZ�U�fAVZZZU' �Qi- r cn Q JJO�w _J930 W2- V= =�LLpOy2OQUUwJZ0 t7aggx OR:0222mwUU25Oz2zmUZZZ >J -O W ZpWO1- ZWWOOOWJW WJO - W W WUWOWRwOO a vnpmUO mZwUUUaWwwaa�pma0o.tnW03: m AGENDA ITEM # 4A MARCH 25, 2013 City of Atlantic Beach, Fl. Utility Sales Report � R r - , February te --b rua ,r ^2- .w...0, , 1'v3 '- �le.,b .. , r u_ _ar._ y 2 r ys' Gallons Actual Revenue Gallons Actual Revenue r 1 Water Sales _Accounts 0000 Revenue Per 1,000 gl Accounts 0000 Revenue Per 1,000 gl Atlantic Beach 5,556 33,859 $129,525 $3.83 5,583 36,751 $136,214 $3.71 r Buccaneer 2,425 16,915 $87,776 $5.191 2,468 15,199 $82,290 $5.41 Total Water Sales 7,981 50,774 $217,301 $4.28 8,051 51,950 $218,504 $4.21 wommuoma- Gallons Gallons M Water Plant Production 0000 0000 Atlantic Beach 35,877 40,471 Buccaneer 15,500 16,813 Total Production 51,377 57,284 Total Water Billed 50,774 51,950 Water Loss for month: 603 5,334 Percentage Loss 1.17% 9.31 Total 12 mo. Avg. Loss 13.21% 17.76% Gallons Actual Revenue Gallons Actual Revenue Sewer Sales -,Accounts 0000 Revenue Per 1,000 gl Accounts 0000 Revenue Per 1,000 gl , r� Atlantic Beach 5,141 28,876 $228,020 $7.90 5,160 31,295 $237,358 $7.58 Buccaneer 2,304 17,828 $170,838 $9.58 ! 2,365 18,085 $173,635 $9.60 Total Sewer Sales 7,445 46,704 $398,858 $8.54 7,525 49,380 $410,993 HE Gallons Actual Revenue Gallons Actual Revenue Sewer Treatment ON!, 0000 Revenue Per 1,000 gI 0000 Revenue Per 1,00o gl t Atlantic Beach 47.980 $398,858 $8.31 37.509 $237,358 $6.33 N' 16.868 $173,635 $10.29 Total Sewer Treated 47.980 $398,858 $8.31 54.377 $410,993 $7.56 �, -k_�; .� „��. - ✓r „;;�_ ,, .; ��.�.r. w , ter.,. ,.�t_ r, AOIi NI)A ITEM V 7A MARCI 1 25.2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Adoption of floodplain management ordinance number 25-13 -43 SUBMITTED BY: Michael Griffin, CBO, CFM Building and Zoning Directorr'+� DATE: March 15, 201;3 STRATEGIC PLAN LINK: None BACKGROUND: In order to combine the administrative and technical requirements of the City of Atlantic Beach and State of Florida floodplain management regulations the attached floodplain ordinance revisions are recommended for adoption. The 2010 Florida Building Code (FBC) which was adopted on March 15, 2012 now contains the technical floodplain management provisions consistent with the National Flood Insurance Program (NFIP). Therefore it is necessary to amend City Code Chapter 8 Floodplain Regulations so that our administrative provisions coordinate with the 2010 FBC. Although we recently revised our floodplain management ordinance, the Federal Emergency Management Agency has established June 3, 2013 as the date by which we must amend our current regulations adopting the attached amendments. The proposed ordinance has been reviewed and approved for adoption by the State of Florida Emergency Management Division, At the February 19, 2013 Community Development Board (CDB) meeting the attached ordinance amendments were unanimously recommended for adoption. This adoption satisfies our requirement of the National Flood Insurance Program which regulates flood insurance for properties with the City of Atlantic Beach. BUDGET: No impact RECOMMENDATION: To adopt the attached Floodplain Management ordinance revisions as recommended by the State of Florida Division of Emergency Management and the Community Development Board ATTACHMENTS: Draft of proposed ordinance REVIEWED BY CITY MANAGER: _ __ AGENDA ITEM # 7A MARCH 25, 2013 ORDINANCE NO. 25 -13 -43 AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of City of Atlantic Beach and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Atlantic Beach was accepted for participation in the National Flood Insurance Program on March 15, 1977 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Commission is adopting to maintain current freeboard elevation requirements for buildings and structures in flood hazard areas and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of Atlantic Beach that the following floodplain management regulations, and the following local administrative amendments to the 2010 Florida Building Code, are hereby adopted. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 7A MARCH 25, 2013 SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8 Flood Hazard Areas the City of Atlantic Beach Code. CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Atlantic Beach, hereinafter referred to as "this ordinance." 101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access and public service during times of flooding; 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 101.4 Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 2 AGENDA ITEM # 7A MARCH 25, 2013 101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of the City Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Atlantic Beach, as established in Section 102.3 of this ordinance. 102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Duval County, Florida and Incorporated Areas June 3, 2013, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. 102.3.1 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. 2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. 102.4 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 3 AGENDA ITEM # 7A MARCH 25, 2013 102.5 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 102.6 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The Building and Zoning Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 107 of this ordinance. 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; 2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; 5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; 6. Review applications to determine whether proposed development will be reasonably safe from flooding; 7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 4 AGENDA ITEM # 7A MARCH 25, 20I3 this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and 8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 103.4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. 103.5 Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107 of this ordinance. 103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4 of this ordinance; REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 5 AGENDA ITEM # 7A MARCH 25, 2013 2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; 4. Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Atlantic Beach are modified; and 6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." 103.9 Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. SECTION 104 PERMITS 104.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant ") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 6 AGENDA ITEM # 7A MARCH 25, 2013 from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 104.2.1 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. 6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. 7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 9. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 104.3 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: 1. Identify and describe the development to be covered by the permit or approval. 2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the Floodplain Administrator. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 7A MARCH 25, 2013 104.4 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 104.5 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 104.6 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 104.7 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; section 373.036, F.S. 2. Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E -6, F.A.C. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. 4. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. 5. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. 6. Federal permits and approvals. SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or (3) of this ordinance. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 8 AGENDA ITEM # 7A MARCH 25, 2013 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(1)of this ordinance. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; or 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not 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 four and '/2 (4.5) 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 and '/2 (4.5) feet. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 9 AGENDA ITEM # 7A MARCH 25, 2013 4. Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 105.3 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, a floodway encroachment analysis which 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 shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 10 AGENDA ITEM # 7A MARCH 25, 2013 106.1.1 Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2.1 Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this ordinance. 106.1.3 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 ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. SECTION 107 VARIANCES AND APPEALS 107.1 General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 107.2 Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision of the City Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes. 107.3 Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 11 AGENDA ITEM # 7A MARCH 25, 2013 issuance in Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3 of this ordinance. 107.4 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 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 107.5 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 107.3.1, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.6 Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 4. The importance of the services provided by the proposed development to the community; 5. The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; 6. The compatibility of the proposed development with existing and anticipated development; 7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; 8. The safety of access to the property in times of flooding for ordinary and emergency vehicles; 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 12 AGENDA ITEM # 7A MARCH 25, 2013 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 107.7 Conditions for issuance of variances. Variances shall be issued only upon: 1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; 2. Determination by the City Commission that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief; 3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and 4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. SECTION 108 VIOLATIONS 108.1 Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 13 AGENDA ITEM # 7A MARCH 25, 2013 directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross - sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and /or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1- percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the 1- percent - annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.1 Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 14 AGENDA ITEM # 7A MARCH 25, 2013 "high hazard areas subject to high velocity wave action" or W Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. [Note: The FBC,B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas. "] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before March 15, 1977. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 15 AGENDA ITEM # 7A MARCH 25, 2013 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 1612.2.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. The area within a floodplain subject to a 1- percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] 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 REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 16 AGENDA ITEM # 7A MARCH 25, 2013 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 11 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off - street or off - highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood- resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non - elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C- 1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 17 AGENDA ITEM # 7A MARCH 25, 2013 into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after March 15, 1977 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 15, 1977. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle. A vehicle, including a park trailer, which is: See section 320.01, F.S.) 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] 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 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 18 AGENDA ITEM # 7A MARCH 25, 2013 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 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before - damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. CHAPTER 3 FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307 of this ordinance. 301.2 Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: 1. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. 2. Minor structures and non - habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 19 AGENDA ITEM # 7A MARCH 25, 2013 this ordinance and ASCE 24. SECTION 302 SUBDIVISIONS 302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: 1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; 2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and 3. Compliance with the site improvement and utilities requirements of Section 303 of this ordinance. SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 Minimum requirements. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 20 AGENDA ITEM # 7A MARCH 25, 2013 systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8 (3) of this ordinance. SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall compy with the more restrictive of the applicable requirements. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: 1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. 2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over - the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable. 304.4.1 General elevation requirement. Unless subject to the requirements of Section 304.4.2 REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 21 AGENDA ITEM # 7A MARCH 25, 2013 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.4.2 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or 2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 304.5 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. 304.6 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. SECTION 306 TANKS 306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 22 AGENDA ITEM # 7A MARCH 25, 2013 306.2 Above - ground tanks, not elevated. Above - ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. 2. Not be permitted in coastal high hazard areas (Zone V). 306.3 Above - ground tanks, elevated. Above - ground tanks in flood hazard areas shall be 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. 306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and 2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. SECTION 307 OTHER DEVELOPMENT 307.1 General requirements for other development. All development, including man -made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: 1. Be located and constructed to minimize flood damage; 2. Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway; 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed of flood damage- resistant materials; and 5. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 of this ordinance. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 23 AGENDA ITEM # 7A MARCH 25, 2013 crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3 (3) of this ordinance. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: 1. Structurally independent of the foundation system of the building or structure; 2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and 3. Have a maximum slab thickness of not more than four (4) inches. 307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: 1. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. 2. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. 3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. 4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate 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 REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 24 AGENDA ITEM # 7A MARCH 25, 2013 and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: 1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; 2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and 3. On -site sewage treatment and disposal systems defined in 64E- 6.002, F.A.C., as filled systems or mound systems. 307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 1. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. 2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. 3. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. SECTION 3. The Florida Building Code, Building is hereby amended by the following administrative amendments. Sec. 104.10.1, Florida Building Code, Building Add a new Sec. 104.10.1 as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. Sec. 107.6.1, Florida Building Code, Building Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 25 the basis of affidavits and plans 107.6, shall not extend to the flood of the Florida Building Code. Sec. 117, Florida Building Code, Building Add a new Sec. 117 as follows: AGENDA ITEM # 7A MARCH 25, 2013 submitted pursuant to Section 105.14 and Section load and flood resistance construction requirements 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 4. The Florida Building Code, Building is hereby amended by the following technical amendments. Add a new Sec. 1612.4.1 as follows: 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 and 1/2 feet, whichever is higher. SECTION 5. The Florida Building Code, Residential is hereby amended by the following technical amendments. Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and '/z feet or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2 feet, or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot (305)mm, or at least 4 and ' /z feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 2 and '/z feet or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 26 AGENDA ITEM # 7A MARCH 25, 2013 Modify Sec. R322.3.2 as follows: R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high- hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is: 1.1 Located at or above the base flood elevation plus 2 and '/z feet or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or 1.2 Located at the base flood elevation plus 3 and '/z feet , or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. SECTION 6. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 7. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in City of Atlantic Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after. SECTION 8. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8, Flood Hazard Areas, City of Atlantic Beach Code. SECTION 9. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Atlantic Beach's Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 27 AGENDA ITEM # 7A MARCH 25, 20]3 SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 11. This Ordinance shall take effect immediately upon its final passage and adoption. Passed by the City Commission on first reading this day of 2013. Passed by the City Commission on second reading and final reading on this day of 2013. Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Mike Borno, Mayor REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 28 AGENDA ITEM # 713 MARCH 25, 2013 ORDINANCE NO. 60 -13 -18 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17- 2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following definitions contained in Sec. 17 -2, Definitions, of the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: "Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This definition of flag shall no include the flag. E)f the United States of Amer-ie ." "Sign: Any identification, description, illustration, or device illuminated or non- illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, fla1z, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. "Sign" shall also —made alp- outdoo advet4isine displays as deser-ibed in Seetion 3 108. 1. 1, FloFida Building Code, and Building Cod "Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of Seetio 310Q of the Florida Building Code and article V of this chapter." AGENDA ITEM # 713 MARCH 25, 2013 SECTION 2: Sec. 17 -26, Exempt Signs, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add a new subsection (14) under paragraph (b) to read as follows: "(14) Not more than two (2) flags per development parcel, but if there are two (2) flags, then one (1) must be the flag of the United States of America. A development parcel with more than one (1) principal structure may have two (2) flags for each principal structure with more than 5,000 square feet of fully enclosed floor area . Each flag shall not exceed twenty-four 24) square feet in area." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. 2013. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this day of , 2013. ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney LOUIS BORNO, JR. Mayor, Presiding Officer AGENDA ITEM # 8A MARCH 25, 2013 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Approval to Purchase Property for River Branch Preserve SUBMITTED BY: Jim Hans gii Mana e DATE: March 18, 2013 STRATEGIC PLAN LINK: None BACKGROUND: The City Commission was made aware of an offer from the River Branch Foundation to provide funding to purchase 8.02 acres of property adjacent to the River Branch Preserve at that meeting on February 11th. An ordinance amending the budget to add both revenue and expenditure accounts to accomplish the purchase was adopted by the City Commission on March 11, 2013. Florida State Statute 166.045 requires that the public must be given notice of at least 30 days prior to acquisition of any real property for municipal purpose and that any appraisals and option contracts be made available for public inspection. The notice and public hearing to meet the state requirements has been scheduled for the meeting on March 25, 2013. Up to this point, the City has received several verbal comments from citizens approving the purchase of the property. BUDGET: Revenues and expenditures are budgeted equally in the amount of $103,243 to purchase this property. RECOMMENDATION: Approve the purchase of the property for a total cost of $103,243.00 and authorize the Mayor to execute the necessary documents on behalf of the City. AGENDA ITEM # 813 MARCH 25, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting Agenda Item: Funding for Videotaping Commission Meetings Submitted by: Keith Randich, IT Director Date: March 18, 2013 Strategic Plan Link: Videotaping Commission Meetings Background Staff was requested at the March 13, 2013 Strategic Planning meeting to prepare a staff report to request funding for a videotaping system. This report seeks funding to purchase and install a multiple- camera system in the Commission Chambers building. Budget Upfront Capital Costs Encoder $5,000 Camera, Switch $25,000 Installation, Licenses $1,000 Total Upfront Capital Cost $31,000 Monthly Services Live Streaming, Hosting $695 (Up to 30 MeetingsNear) Remote Switching $240 Total Monthly Services $935 Additional Costs Meetings over 30 /year $150 /meeting Remote Switching $120 /meeting Recommendation Authorize staff to prepare a budget ordinance to provide for $31,000 in capital and $4,675 ($935 x 5 months) in operating costs to implement this project. Reviewed by City Manager: