Fort Walton Beach Ordinance — 1126--Flood Damage Prevention — reading text

sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "National Geodetic Vertical Datum (NGVD)" es corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "Sand Dunes" means naturally occurring accumulations of sand ridges or mounds landward of the beach. (26) "Start of Construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act) (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within 160 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a gite, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a 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. (27) "Structure" means a walled and roofed building that is principally apove ground, 4 manufactured home, a gas or Liquid storage tank or other man-made facilities or infrastructures. (28) "Substantial Improvement" means any repair, reconstruction, alteration or improvement to a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure, either (1) before the repair or improvement is started, or (2) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, Floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitay or safety code specifications which are solely necessary to assure safe living conditions. (29) "Variance" is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would resuit in unnecessary hardship. ARTICLE 3. General Provisions. SECTION A. Land To Which This Chapter Applies. This Chapter shali apply to all areas of special flood hazard within the jurisdiction of the City of Fort Walton Beach. SECTION B. Basis for Establishing the Areas of Speciel Flood Hazard. The Official Flood Map of the City shall be the latest Flood Insurance Rate Hap, with all explanatory matter or waterial attached thereto, prepared and published by the Federal Emergency Management Agency and adopted by resolution of Council. SECTION C. Establishment of Development Permit. A Development Permit shall be required in conformance with the provisions of this Chapter prior to the commencement of any development activities. SECTION D. Compliance. Ho structure of idand shall hereafter be located, extended, converted or structurally altered without full coupliance with the terms of this Chapter and other applicable regulations. SECTION E. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate or iwpair any existing easements, covenants or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. Interpretation. In the interpretation and application of this Chapter all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in the favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION G. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter 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 Chapter 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 Chapter shall not create Liability on the part of the City of Fort Walton Beach or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any adawinistretive decision lawfully made thereunder. SECTION H. Penalties for Violation. Violation of the provisions of this Chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in comnection with grants of variance, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than ninety (90) days, or both, and in addition, 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 City of Fort Walton Beach from taking such other Lawful action as is necessary to prevent or remedy any violation. ARTICLE 4, Administration. SECTION A. Designation of Administrator. The City Manager or his designee is hereby appointed to aditinister and implement the provisions of this Chapter. SECTION B. Permit Procedures. Application for Development Permit shall be made to the City Manager or his designee on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required: (1) Application Stage. (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of ail structures; (b) Elevation in relation to mean sea level to which nonresidential structure will be flood-proofed; {c) Certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure will meet the flood-proofing criteria in Article 5, Section B (2); (d) Description of the extent to which any watercourse wili be altered or relocated as a result of proposed development, and; (2) Construction Stage. Provide a floor elevation of flood-proofing certification after the Lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the Lowest fioor. Upon placement of the lowest floor, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the City Manager or his designee a certification of the elevation of the lowest floor Elood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable as built, in relation to mean sea level. Said certification shail be prepared by or under direct supervision of a registered land surveyor or professiona engineer and certified by same. When flood-proofing is utilized for a particular building, said certification snuall be prepared by or under the direct super ed) certifi 2. Any work undertaken prior to subiission of the certification shall be at the permit holder's risk. The City HManaer or his designee shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to furtner progressive work being permitted to proceed. Failure to submit the survey or faiiure to make said corrections hereby, shall be cause to issue a stop work order for the project. . ape Ae at aye, oe ye ey yee pe maaty it tee " ws cp yp & proresoionar. engineer or arenitect and py SECTION C. Duties and Responsibilities of the City Manager or his signee: Duties of the City Manager or his designee shall include but net be limited to: (1) Review all development permits to assure that the permit requirements of this Chapter have been satisfied. (2) Advise permittee that additional federal or state permits tlay be required, and if specific federal or state pernit requirewents are known, require that copies of such permits be provided and maintained on file with the developiwent permit. (3) Notify adjacent communities and the Departnent of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Energency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (5) Verify and record the actual elevation {in relation to mean seal level) of the Lowest floor (including basement) of all new or substantislly improved structures, in accordance with Article 4, Section 5 (2). (6) Verify and vrecord the actuai elevation (in relation to mean seal level) to which the new or substantially improved structures have been flood-proofed, in accordance with Article 4, Section B (2). (7) In Coastal Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the structure is designed to be securely anchored to adequately anchored pilings or columns in order to rithstand velocity waters and hurricane wave wash. (8) In Coastal High Nazard Areas, the City Manager or his designee shall review plans for adequacy of breakaway walls in accordance with Article 5, Section B (4) (h). (9) When flood-proofing is utilized for a particular structure, the City Hanager or his designee shall obtain certification from a registered professional engineer or architect, in accordance with Article 5, Section B (2). (10) (11) SECTION D. (1) (2) (4) Where interpretation is needed as to exact location of boundaries or the areas of special flood hazard (for exauple, where there appears to be a conflict between a wapped boundary and actual field conditions) the City Manager or his designee shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. When base flood elevation data or floodway data have not been provided in accordance with Articie 3, Section B, then the City Hanager or his designee shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of Article 5. All cecords pertaining to the provisions of this Chapter snall be maintained in the office of the City Manager or his designee and shali be open for public inspections.