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HomeMy WebLinkAbout4076 ORDINANCE 2007-4076 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE 1859 AS AMENDED PROVIDING FOR FLOODPLAIN MANAGEMENT; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR LEGISLATIVE INTENT: PROVIDING FOR METHODS OF REDUCING FLOOD LOSSES; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMIT; PROVIDING FOR DESIGNA liON OF FLOODPLAIN MANAGEMENT ORDINANCE ADMINISTRATOR; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION; PROVIDING FOR WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR ADMINISTRATION; PROVIDING FOR STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Federal Emergency Management Agency (FEMA) has determined that there are lands within the City of Sanford that are located within Special Flood Hazard Areas, and WHEREAS, it is necessary to properly manage development activities within these Special Flood Hazard Areas to protect the public health, safety and welfare and to eliminate or minimize property damage, and WHEREAS, management by the City of development activities within Special Flood Hazard Areas in the City of Sanford is required in order for the City to participate in the National Flood Insurance Program (NFIP), and WHEREAS, the City Commission of the City of Sanford desires to participate in the Federal Insurance Management Program in order to afford the City's residents with the ability to obtain flood insurance when required, and WHEREAS, the legislature of the State of Florida has, in Article 8 of the State Constitution and Chapter 166 of the Florida Statutes, delegated the responsibility to Page 1 of 25 municipalities to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Sanford, Florida, as follows: SECTION 1. STATUTORY AUTHORIZATION The Legislature of the State of Florida, through Article 8 of the State Constitution and Chapter 166 of the Florida Statutes, delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. SECTION 2. FINDINGS OF FACT (A) The flood hazard areas of the City of Sanford are subject to periodic inundation, which results 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. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. SECTION 3. LEGISLATIVE INTENT It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Protect human life, health, safety and welfare, (B) Minimize expenditure of public money for costly flood control projects, (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, (0) Minimize prolonged business interruptions, (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains, Page 2 of 25 (F) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, and (G) Insure that potential homebuyers are notified that property is in a flood hazard area. SECTION 4. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purpose, this Ordinance includes methods and provisions for: (A) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, (8) Requiring that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span, (C) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters, (0) Controlling filling, grading, dredging, and other development which may increase flood damage, and (E) Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas. SECTION 5. DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connect by a firewall or is separated by independent perimeter loadbearing walls is new construction. Page 3 of 25 Appeal means a request for a review of the city's interpretation of any provision of this ordinance or section thereof or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood average depths of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by sheet flow or ponding. Area of special flood hazard is the land in the floodplain within a community subject to a one- percent or greater chance of flooding in any given year. The term "special flood hazard area", for purposes of these regulations, is synonymous with the phrase "area of special flood hazard. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 year flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 year flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. Basement means any area of a building having its floor sub-grade (below ground level) on all sides. Building means any structure built for support, shelter, or enclosure for any occupancy or storage. Building permit means the permit as required by the Florida Building Code. Certification means a certification by a registered professional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide protection from the base flood. Certification of "as built" conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully functioning. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Datum is a reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Page 4 of 25 Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988. Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for floodplain management purposes, structures for which the "start of construction" commenced before September 17, 1980 (the effective date of the initial floodplain management ordinance based upon specific technical base flood elevation data). This term may also be referred to as any "existing structures". Existing manufactured home park or subdivision means 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) was completed before September 17, 1980 (the effective date of the initial floodplain management regulations based upon specific technical base flood elevation data). Expansion to an existing manufactured home park or subdivision means 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). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in paragraph (a) of Section 5 of this definition and are kin to a river of liquid and flowing mud of the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Page 5 of 25 Flood Boundary and Floodway Map (FBFM) means the official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated the areas of flood hazards and regulatory f1oodway. Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluations and determination of mudslide (i.e. mudlflow) and other flood-related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by water from any source (see definition of "flooding"). Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations of the community. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power which control development in flood-prone areas. This term describes Federal, State of Florida or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other 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 a designated height of one foot. The term is also referred to as "regulatory floodway". Floodway fringe means the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis. Page 6 of 25 Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and f100dway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally dependent use means use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Hardship as related to variances from this ordinance means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exception. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without the granting of a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface prior to the start of construction next to the proposed walls of a structure. Historic Structure means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (c) Individually listed on the Florida inventory of historic places which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory historic places in communities with historic preservation programs that have been certified either: (1) by the approved state Florida program as determined by the Secretary of the Interior, or (2) directly by the Secretary of the Interior. Page 7 of 25 Increased Cost of Compliance (ICC) means the coverage by a standard flood insurance policy under the NFIP that provides for the payment of a claim for the cost to comply with the State of Florida and the City of Sanford floodplain management laws or ordinances after a direct physical loss by flood, when the City declares the structure to be "substantially" or "repetitively" flood-damaged. ICC coverage is provided for in every standard NFIP flood insurance policy, and will help pay for the cost to flood proof, relocate, elevate, or demolish the structure. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the non-elevation design standards of this ordinance. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent 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". Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency. Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and a willing seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on the income approach). Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, the term is synonymous. National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. New Construction means, for floodplain management purposes, structures for which the "start of construction" commenced on or atter September 17, 1980 (the effective date of the initial floodplain management ordinance, based upon specific technical base flood Page 8 of 25 elevation data). The term also includes any and all subsequent improvements to such structure. For flood insurance rates, structures for which the start of construction commenced on or after September 17, 1980, includes any and all subsequent improvements to such structures. New manufactured home park or subdivision means 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 the effective date of this Ordinance North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain. Recreational vehicle means a vehicle that is: (a) built on a single chassis; (b) contains 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Repetitive Loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period ending on the date of the event for which the second claim is made, for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damages occurred. Special flood hazard area (SFHA) (see Area of Special Flood Hazard). Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97 -348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a Page 9 of 25 foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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. Structure means, for floodplain management purposes, a walled and roofed building, manufactured home, or other manmade facility or infrastructure including a gas or liquid storage tank that is principally above ground. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a 1 a-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure during a 1 a-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures that have incurred "substantial damage", regardless of the actual work performed, or "repetitive loss" as defined herein. The term does not, however, include either: (a) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure". Variance means a grant of relief by the City of Sanford from the requirements of this Ordinance which permits construction in a manner otherwise prohibited herein, where specific enforcement would result in unnecessary hardship. Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided to the City. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Page 10 of 25 Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or the North American Vertical Datum of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION 6. APPLICABILITY This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Sanford. SECTION 7. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA's Flood Insurance Study (FIS) for Seminole County, dated September 28, 2007, or subsequent updated editions, with accompanying panels for the City of Sanford and other supporting data, are hereby adopted by reference and declared to be incorporated herein and a part of this ordinance. SECTION 8. DESIGNATION OF FLOOD DAMAGE PREVENTION ORDINANCE ADMINISTRATOR The City Commission of the City of Sanford hereby appoints the City Manager, or designee, to administer and implement the provisions of this ordinance, and is hereinafter referred to as the Floodplain Management Administrator, or the Floodplain Administrator. SECTION 9. ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in conformance with the provisions of this ordinance. SECTION 10. COMPLIANCE No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the requirements of this ordinance and other applicable laws and regulations. SECTION 11. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 12. INTERPRETATION In the interpretation and application of this ordinance all provisions shall be: Page 11 of 25 (A) considered as minimum requirements; (B) liberally construed in favor of the governing body, and (C) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 13. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City Commission of the City of Sanford, or by any officer or employee thereof, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 14. PENALlTIES FOR VIOLATION Violators of the provisions of this Ordinance, or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall, upon conviction thereof, be fined not more than $500.00, and as provided for in Ordinance 1859, and, additionally, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Floodplain Management Administrator from taking such other lawful actions as is necessary to prevent or remedy any violation. SECTION 15. ADMINISTRATION (A) PERMIT PROCEDURES A Development Permit Application shall be submitted, prior to undertaking any development activities, to the Floodplain Management Administrator on forms furnished by him or her, and must include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area under consideration for development; existing structure( s) and other features; proposed structure(s), earthen fill, storage of materials or equipment, drainage facilities, perimeter setbacks, environmental features such as base floodplain areas, wetlands, and other protected areas; and the location of the foregoing. Specifically, the following information, certified by a professional who is authorized to certify such information in the State of Florida, is required: (1) Application Stage: Page 12 of 25 (a) Elevations of the area of development in relation to mean sea level (such as a contour map) for both existing and proposed development, (b) Elevation in relation to mean sea level of the lowest floors of all proposed structures, (c) Elevation in relation to mean sea level to which any nonresidential structure will be f1oodproofed, (d) Floodproofing Certificate, meeting the f1oodproofing criteria in Section 15(8 A) (2) and D (2), (e) Existing and proposed infrastructure, and (f) Description of the extent to which any watercourse will be altered or relocated as result of proposed development. (2) Construction Stage: Upon placement of the lowest floor, or f1oodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the Floodplain Management Administrator a certification of the elevation of the lowest floor or f1oodproofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer who is authorized to certify such information in the State, and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Floodplain Management Administrator shall review the lowest floor elevation and f1oodproofing Certificate. Should these documents be found not in conformance with the requirements of this ordinance, the permit holder shall immediately cease further work, and shall correct any deficiencies. Failure of the permit holder to submit the surveyed lowest floor elevation and f1oodproofing certificate, and failure to correct said deficiencies required hereby, shall be the cause to issue a stop-work order for the project. (B) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN MANAGEMENT ADMINISTRATOR Duties of the City Manager shall include, but are not be limited to, the following: (1) Review all development permits to assure that the requirements of this ordinance have been fully met, Page 13 of 25 (2) Review proposed development to assure that all necessary permits have been obtained from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act, as amended, or by wide- area agencies, prior to issuing a development permit. Such documentation is to be maintained on file with the development permit, (3) Review certified plans and specifications for compliance with the requirements of this ordinance, (4) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor of all new construction and substantial improvements, in accordance with Section 15 (A) (2), (5) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved nonresidential structures in A-Zones have been f1oodproofed, in accordance with Section -ta (A) (2), 16 (C) (3), (6) Interpret the exact location of boundaries of the areas of special flood hazard and regulatory f1oodway. When there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Management Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for in this Ordinance, (7) When base flood elevation data or f100dway data have not been provided in accordance with Section 7, the Floodplain Management Administrator shall obtain, review and reasonably utilize any base flood elevation and f100dway data available from a federal, state, or any other source, in order to administer the provisions of this Ordinance, (8) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA, and assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained, (9) Coordinate with other City of Sanford departments to assure that the requirements of this Ordinance are fully met, (10) Participate actively in evaluating the variance requests and provide input and recommendations in variance hearings/proceedings, Page 14 of 25 (11) Coordinate all change requests to the FIS and FIRM or FBFM, or both, with the requester, State, and FEMA, and (12) Comply with the following requirement to submit new technical data: The City of Sanford's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city shall notify FEMA of the changes by submitting technical or scientific data. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. SECTION 16. STANDARDS FOR FLOOD HAZARD REDUCTION (A) GENERAL STANDARDS In all areas of special flood hazard, determined by FEMA and by the community where FEMA has not determined the areas of special flood hazard, the following shall apply: (1) Permits for proposed construction or other development, including the placement of manufactured homes, shall be reviewed so that a determination may be made whether or not such construction or other development is proposed within flood-prone areas. (2) New construction, substantial improvements, and other development proposals shall assure that all necessary permits have been obtained from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act, as amended, or by wide- area agencies. (3) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (4) All new construction and substantial improvements shall be constructed with materials and utility elements resistant to flood damage. (5) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. Page 15 of 25 (6) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including ductwork, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, (7) Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be assured that they will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that: (a) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and adequate drainage is provided to reduce exposure to flood hazards. ( c) new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. (d) new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) New construction and substantial improvements, when located in multiple flood zones with varying base flood elevations or in same flood zone with multiple base flood elevations shall meet the requirements for the flood zone with the most stringent requirements and the highest base flood elevation. (B) STANDARDS FOR APPROXIMATE A-ZONES Located within the areas of special flood hazard established in Section7, where streams exist for which no base flood elevation data or regulatory f100dway has been provided by FEMA, the following provisions shall apply: (1) Standards of Section 16 (A) hereof. (2) All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and Page 16 of 25 subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include base flood elevation data within such proposals; (3) The Floodplain Management Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including data developed pursuant to Subsection (C) (3) of this Section. When such base flood elevation data is utilized, the new construction, substantial improvements, or other development shall meet the elevation and non-elevation requirements of Section 16 (C) through (E). (4) Where the base flood elevation data are utilized, the Floodplain Management Administrator shall: (a) Obtain the elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures, (b) Obtain, if the structure has been f1oodproofed in accordance with the requirements of Subsection (C) (3) of this Section, the elevation in relation to the mean sea level to which the structure has been f1oodproofed, and (c) Maintain a record of all such information. (5) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (6) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (7) Manufactured homes shall be installed using methods and practices that minimize flood damage. They shall be elevated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (8) When the base flood elevation data is not available from any source or as in Subsection (C) (3) of this Section, the lowest floor of the new construction and substantial improvements shall be elevated to 2 feet above the highest adjacent grade, or 2 feet above the highest crown of the adjacent roadway, whichever is greater. Page 17 of 25 (9) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this ordinance; and (10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not furthered, extended, or replaced. (C) SPECIFIC STANDARDS FOR A1-30, AE, AH, AO, and A (WITH BASE FLOOD ELEVATIONS) ZONES In all non-coastal areas of special flood hazard where base flood elevation data have been provided, as set forth in Section 7, but no regulatory flooclways have been delineated, the following provisions shall apply: (1) Standards of Section 16 (B). (2) Residential Structures. (a) All new construction or substantial improvements of residential structures within Zones A 1-30, AE, and AH (including manufactured homes substantially damaged by flood) shall have the lowest floor (including basement) elevated to 2 feet above the base flood elevation. (b) All new construction and substantial improvements of residential structures within AO Zone shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). (3) Nonresidential Structures. (a) All new construction or substantial improvements of non- residential structures shall have the lowest floor (including basement) elevated to 2 feet above the base flood elevation. Nonresidential structures within Zones A 1-30, AE, and AH may be flood-proofed in lieu of being elevated provided that together with all attendant utility and sanitary facilities, be designed so that below the base flood elevation plus one foot the structure is water-tight with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect, who is Page 18 of 25 authorized to certify such information in the State, shall certify that the provisions of this subsection are satisfied. The FEMA Floodproofing Certificate shall be prepared, and submitted to the Floodplain Management Administrator along with the corresponding operational and maintenance plans. (b) All new construction and substantial improvements of nonresidential structures within Zone AO shall (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities be completely f1oodproofed to that level to meet the floodproofing standard specified in Subsection (C) (3) (a) of this Section. (4) Elevated Structures. For all new construction or substantial improvements, fully enclosed areas below the lowest floor elevation shall be usable solely for parking of vehicles, building access, or storage. These enclosed areas shall be designed and constructed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for meeting with this requirement must either be certified by a professional engineer or architect, who is authorized to such information in the State, or meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, (ii) The bottom of all openings shall be no higher than one foot above grade, and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic entry and exit of floodwaters. (b) Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator), Page 19 of 25 (c) The interior portion of such enclosed areas shall not be partitioned, temperature-controlled, or finished into separate rooms, and (d) Where elevation requirements exceed 6 feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the building's originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy. (5) Manufactured Homes and Recreational Vehicles. (a) All manufactured homes that are placed, or substantially improved within Zones A1-30, AH, and AE, on sites (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation to 2 feet above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist foundation collapse and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE, that are not subject to the provisions of Subsection (5) (a) of this Section, shall be elevated so that either: (i) The lowest floor of the manufactured home is elevated to 2 feet above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones A1-30, AH, and AE must either: (i) Be on the site for fewer than 180 consecutive days, Page 20 of 25 (ii) Be fully licensed and ready for highway use (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.), or (iii) Meet the requirements for new construction, including anchoring and elevation requirements for manufactured homes in Subsection (5)(a) or (b) of this Section. (6) Until a regulatory f100dway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A 1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (7) Within Zones AH and AO on the FIRM, adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. (D) STANDARDS FOR REGULATORY FLOODWAYS Located within areas of special flood hazard established in Section 7, are areas designated as f1oodways. Since the f100dway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles and have significant erosion potential, the following provisions shall apply: (1) Standards of Section 16(8). (2) Encroachments, including fill, new construction, substantial improvements and other developments within the regulatory floodway shall be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (E) CRITICAL FACILITIES Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA, preferably outside the 0.2% annual chance floodplain. Construction of new critical facilities may be permissible within the SFHA if feasible alternative sites are unavailable. Critical facilities constructed within the SFHA shall have the lowest floor elevated a minimum of 3 feet above the base flood elevation at the Page 21 of 25 site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the maximum extent possible. SECTION 17. VARIANCES (A) DESIGNATION OF VARIANCE AND APPEALS BOARD The City Commission, or its duly designated board, of the City of Sanford, shall hear and decide appeals and requests for variances from the requirements of this Ordinance. (B) DUTIES OF VARIANCE BOARD The City Commission, or its duly designated board, shall hear and decide appeals when it is alleged that an error in any requirement, decision, or determination has been made by the Floodplain Management Administrator in the enforcement or administration of this Ordinance. Any person aggrieved by the decision of the City Commission, or its duly appointed board, may appeal such decision to the Circuit Court within thirty (30) days of the rendition of such decision, as provided in the Florida Rules of Appellate Procedure. (C) CONSIDERATIONS IN GRANTING VARIANCE REQUESTS In acting upon such applications, the City Commission, or its duly designated board, shall consider all technical evaluations, all relevant factors, provisions specified in other sections of this Ordinance, and: (1) The danger that materials may be swept onto other lands to the injury of others, (2) The danger of life and property due to flooding or erosion damage, (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, (4) importance of the services provided by the proposed facility to the community, (5) The necessity to the facility of a waterfront location, where applicable, (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage, Page 22 of 25 (7) The compatibility of the proposed use with existing and anticipated development, (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area, (9) The safety of access to the property in times of flood for ordinary and emergency vehicles, (10) The expected heights, velocity, duration, rate of rise, and sediment of transport of the flood waters and the effects of wave action, if applicable, expected at the site, (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges, and (12) The request for variance is not an after-the-fact request. (D) CONDITIONS FOR VARIANCES (1) Variances may only be issued when there is: (a) A showing of good and sufficient cause, (b) A determination that failure to grant the variance would result in exceptional hardship, and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) Variances may only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this ordinance. (3) Variances shall not be issued within any designated regulatory flooctway if any increase in flood levels during the base flood discharge would result. (4) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. Page 23 of 25 (5) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (a) The criteria of paragraphs (1) through (3) of this Section are met, and (b) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (E) VARIANCE NOTIFICATION Any applicant to whom a variance is granted shall be notified in writing over the signature of the City Manager, or his designee, that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Management Administrator in the Office of the Seminole County Clerk of the Circuit Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Management Administrator shall maintain a record of all variance actions, including justification for their issuance or denial, and report such variances issued in its annual biennial report submitted to FEMA. (F) SPECIAL CONDITIONS Upon consideration of the factors listed in Section 17, and the purposes of this Ordinance, the City Commission, or its duly appointed board, may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this Ordinance. SECTION 18. CONFLICTS. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 19. SEVERABILITY. If any section, part of section, paragraph, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, Page 24 of 25 then said holding shall in no way effect the validity of the remaining portions of this Ordinance. SECTION 20. CODIFICATION. The provisions of this Ordinance shall be included, incorporated and codified within the Code of Ordinances of the City of Sanford, except that Sections 18, 19 and 20 shall not be codified. SECTION 21. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 8th day of October, 2007. City Commission of the City of Sanford, Florida Attest: ~{(.~~ J net Dougherty, City Clerk (" .. ~i~~~n, MayO~CV;~ Approved as to form and legality: 1:11 ~ Off( G#c<ff~ Kenneth W. Mcintosh, Assistant City Attorney Certificate I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4076 Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 8th day of October, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 10th day of October, 2007. ~t<.~~ J et R. Dougherty As the City Clerk of the City of Sanford, Florida Page 25 of 25