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

F.S. b. Florida Department of Health for onsite sewage treatment and disposal systems; section 381. 0065, F.S. and Chapter 64E -6, P. A. C. e. 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. d. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161. 055, A. S. e. 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. 8. 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 this section is demonstrated, or disapprove the same in the event of noncompliance; and 9. Coordinate with and provide comments to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this section. D. Determinations for existing buildings and structures. 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 Building Official, shall:  I . 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 section is required. E. Modifications of the strict application of the requirements of the Florida Building Cade. The Building Official shall review requests submitted 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 3. 05. 07 of this code. F. 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 section. G. Inspections. The Floodplain Administrator shall make the required inspections as specified in section 3. 05.06 of the code 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. H. Other duties of the Floodplain Administrator. The Floodplain Administrator shalt have other duties, including but not limited to: 1. Establish procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 3. 05. 03 D) of this code; 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 section and the Florida Building Code and this section to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the corporate boundaries of City of Fort Walton 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." I. 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 section 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 section; 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 section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Fort Walton Beach City Hall, located at 105 Miracle Strip Parkway SW, City of City of Fort Walton Beach FL, 32548. 3. 05. 04 Permits. A. Permits required. Any owner or owner' s authorized agent ( hereinafter " applicant ") who intends to undertake any development activity within the scope of this section, 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 section and all other applicable codes and regulations has been satisfied. B. Floodplain development permits or approvals. Hoodplain development permits or approvals shall be issued pursuant to this section for any development activities not subject to  the requirements of the Florida Building Code, including buildings, structures and facilities exempt 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 tloodplain development permit or approval is required in addition to a building permit. C. 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), Boodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code, Building and any further exemptions provided by law, which are subject to the requirements of this section: I. 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. D. 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 3. 05. 05. 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. E. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this section shall not be consumed to be a permit for, or approval of, any violation of this section, 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. F. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced