Fort Walton Beach Ordinance — 1865 - Flood Plain Management — reading text

RJ?A p1tiC DnTP ` ORDINANCE 1565 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 3.05.00 OF THE LAND DEVELOPMENT CODE TO ADOPT NEW 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; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR INCLUSION INTO THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 of the 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 Fort Walton 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 Fort Walton Beach was accepted for participation in the National Flood Insurance Program and the City Council desires to continue to meet the requirements of Title such participation; and44 Code of Federal Regulations, Sections 59 and 60, necessary for 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 Council 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 COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: SECTION 1. RECITALS.  The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. Amendment of Chapter 3, Fort Walton Beach Land Development Code. Chapter 3, Environmental Resource Protection, of the Fort Walton Beach Land Development Code, is hereby amended as follows: SECTION 3. 05. 00 FLOODPLAIN MANAGEMENT 3.05.01 Title & Intent. These regulations shall be known as the F000dplain Management Ordinance of City of Fort Walton Beach, hereinafter referred to as " this section." A. Scope. The provisions of Section 3. 05.00 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. B. Intent. The purposes of this section 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. minimize Require the use of appropriate construction practices in order to prevent or 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 59. 22. as set forth in the Title 44 Code of Federal Regulations, Section C. Coordination with the Florida Building Code. This section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE Code. 24 refers to the edition of the standard that is referenced by the Florida Building D. Warning. The degree of flood protection required by this section 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 section 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 section. E. Disclaimer of Liability. This section shall not create liability on the part of City Council of City of Fort Walton Beach or by any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made thereunder. 3.05.02 Applicability. A. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. B. Areas to which this section applies. This section shall apply to all flood hazard areas within the City of Fort Walton Beach, as established in Section 3.05. 02 (B). C. Basis for establishing flood hazard areas. The Flood Insurance Study for Okaloosa county Florida and Incorporated Areas dated December 6 2002 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 section 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 Fort Walton Beach FL, Walton Beach City32545. Hall, located at 105 Miracle Strip Parkway SW, City of City of Fort D. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 3. 05.05 of this code 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 section 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. E. Other laws. The provisions of this section shall not be deemed to nullify any Provisions of local, state or federal law. F. Abrogation and greater restrictions. This section 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, or stormwater management regulations. In the event of a conflict between this section and any other ordinance, the more restrictive shall govern. This section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this section. G. Interpretation. In the interpretation and application of this section, 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. 3.05.03 Duties and Powers of the Floodplain Administrator. A. Designation. The Building Official is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees-. B. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this section. The Floodplain Administrator shall have the authority to render interpretations of this section consistent with the intent and purpose of this section 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 section without the granting of a variance pursuant to section 3. 05. 07. C. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:  I . 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 section; 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. Review applications to determine whether all necessary permits and approvals have been obtained from any federal, state, or local agencies from which prior or concurrent approval is required, including but not limited to the following: a. The North West Florida Water Management District; section 373. 036,