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Ordinance amending Chapter 8 - Flood Hazard (00999451xBA9D6) 00999451-1 6/12/2018 ORDINANCE NO. 25-18-44 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 8 FLOOD HAZARD AREAS; AMENDING SECTION 8-9, BASIS FOR ESTABLISHING FLOOD HAZARD AREAS; AMENDING SECTION 8- 25, APPLICATION FOR A PERMIT OR APPROVAL; AMENDING SEC TION 8-53, DESIGN AND CONSTRUCTION OF BUILDINGS; AMENDING SECTION 8-55, MINIMUM REQUIREMENTS; AMENDING SECTION 8-56, SUBDIVISION PLATS; AMENDING 8-57, MINIMUM REQUIREMENTS; AMENDING 8-62, LIMITATIONS ON SITES IN COASTAL HIGH HAZARD AREAS (ZONE V); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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 City of Atlantic Beach participates in the National Flood Insurance Program and desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for Duval County, Florida and Incorporated Areas, with an effective date of November 2, 2018; and WHEREAS, the Florida Division of Emergency Management identified corrections to some sections of City of Atlantic Beach Code, Chapter 8 Flood Hazard Areas and the City has determined it is in the public interest to make those corrections. NOW, THEREFORE, BE IT ORDAINED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Recitals. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. Amendments . Sections 8-9, 8-25, 8-53, 8-55, 8-56, 8-57 and 8-62 of Chapter 8, Flood Hazard Areas, of the Code of Ordinances of the City of Atlantic Beach are hereby amended as follows: ARTICLE I. - ADMINISTRATION Sec. 8-9. - Basis for establishing flood hazard areas. 00999451-1 2 The flood insurance study for Duval County, Florida and Incorporated Areas with an effective date of November 2, 2018 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 chapter 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. Sec. 8-25. - Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in sections 8-30 through 8-33 subdivision V of this chapter. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the floodplain administrator. ARTICLE III. FLOOD RESISTANT DEVELOPMENT Sec. 8-53. - Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 8-24.1 of this chapter, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of sections 8-75 through 8-82 section 8-82 of this chapter. Sec. 8-55. – Subdivisions; Minimum requirements. Subdivision proposals, including without limitation, proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) 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 00999451-1 3 (3) Adequate drainage is provided to reduce exposure to flood hazards and to comply with all stormwater and impervious surface regulations contained in Chapter 24, Land Development Regulations.; Iin zones AH and AO, adequate drainage paths shall also be provided to guide floodwaters around and away from proposed structures. Sec. 8-56. - Subdivision plats. Where any portion of proposed subdivisions, including without limitation, 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 five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with subsection 8-31(1) of this chapter; and (3) Compliance with the site improvement and utilities requirements of sections 8-57 8-55 through 8-62 of this chapter. Sec. 8-57. - Site Improvements, Utilities and Limitations; 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 and to comply with all stormwater and impervious surface regulations contained in Chapter 24, Land Development Regulations.; Iin zones AH and AO, adequate drainage paths shall also be provided to guide floodwaters around and away from proposed structures. Sec. 8-62. - 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 subsection 8-32(4) of this chapter demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 8-82(3) 8-67 of this chapter. SECTION 3. Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. 00999451-1 4 SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this _____ day of June, 2018 PASSED by the City Commission on second and final reading this ____ day of ________, 2018. CITY OF ATLANTIC BEACH, FLORIDA Ellen Glasser, Mayor ATTEST: Donna Bartle, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Brenna M. Durden, City Attorney