HomeMy Public PortalAbout17/01
Renee Basel
From:Hunter, Jason <Jason.Hunter@fema.dhs.gov>
Sent:Tuesday, September 26, 2017 10:32 PM
To:Martin, Steve; McClure, Roy
Cc:Rita Taylor; Rebecca C. Quinn (rcquinn@earthlink.net); Frank McColm
(frank@fcmccolm.com); Riess, Shannon; Wilson, Susan
Subject:RE: Gulf Stream (Palm Beach County) - Adopted Floodplain Management Ordinance
Good Evening Steve-
The Town of Gulf Stream’s Floodplain Management Ordinance has been reviewed and it has been determined that it
meets the floodplain management requirements prescribed in Title 44 of Code of Federal Regulations, Section 60.3.
FEMA’s Community Information System (CIS) has been updated to reflect a compliant status.
Please let us know if you have any questions or concerns.
Thanks,
Jason
Jason O. Hunter, CFM
DHS/FEMA Region IV
Mitigation Division
Floodplain Management and Insurance Branch
770.220.5471
770.220.5440 fax
From: Martin, Steve \[mailto:Steve.Martin@em.myflorida.com\]
Sent: Saturday, September 23, 2017 9:15 PM
To: Hunter, Jason <Jason.Hunter@fema.dhs.gov>; McClure, Roy <Roy.McClure@fema.dhs.gov>
Cc: RTaylor@gulf-stream.org; Rebecca C. Quinn (rcquinn@earthlink.net) <rcquinn@earthlink.net>; Frank McColm
(frank@fcmccolm.com) <frank@fcmccolm.com>; Riess, Shannon <Shannon.Riess@em.myflorida.com>
Subject: FW: Gulf Stream (Palm Beach County) - Adopted Floodplain Management Ordinance
Importance: High
TO: Jason Hunter and Roy McClure (FEMA Region IV)
CC: Rita Taylor, Town Clerk
RE: Gulf Stream (Palm Beach County) – Adopted Floodplain Management Ordinance
Attached is the floodplain management ordinance for Gulf Stream, Florida, adopted on September
18, 2017, and the review checklist. The ordinance was adopted to ensure the community
implements the revised flood maps and is consistent with the NFIP and coordinated with the
Florida Building Code. The community elected to base its regulations on the model ordinance and
code amendment package prepared by the Florida DEM. We’ve determined that the adopted
1
regulations meet the requirements for continued participation in the NFIP. Please reply to all
parties on this email to confirm that the ordinance has been approved by the Region IV office.
If you should have any questions, please contact me at (850) 815-4505.
Thanks, Steve
Steve Martin, CFM, State Floodplain Manager
State Floodplain Management Office
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850.815.4505
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ORDINANCE NO. 17101
AN ORDINANCE BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM AMENDING THE TOWN OF GULF STREAM
CODE OF ORDINANCES TO REPEAL CHAPTER 48, FLOOD
PREVENTION AND PROTECTION; TO ADOPT A NEW
CHAPTER 48, FLOOD PREVENTION AND PROTECTION; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A
FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES
AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD
AREAS, AND FOR OTHER PURPOSES; TO AMEND CHAPTER
42, BUILDINGS AND BUILDING REGULATION; PROVIDING
FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Legislature of the State of Florida has, In Chapter 166 - Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safely, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the Town of Gulf Stream 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 lax base, all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, the Town of Gulf Stream was accepted for participation in the National
Flood Insurance Program on November 24, 1972 and the Town Commission desires to continue
to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60,
necessary for such participation; and
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 slate building code, called the Florida Building Code; and
WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
Florida Building Code that provide for more stringent requirements than those specified in the
Code and allows adoption of local administrative and local technical amendments to the Florida
Building Code to Implement the National Flood Insurance Program and Incentives; and
WHEREAS, the Town Commission previously adopted requirements for buildings and
structures in flood hazard areas prior to July 1, 2010, to (1) limit partitioning of enclosed areas
below elevated dwellings and limit access to enclosed areas, (2) to limit enclosures below
elevated buildings, and, pursuant to section 553.73(5), F.S., Is formatting those requirements to
coordinate with the Florida Building Code;
WHEREAS, the Town Commission 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 Town Commission of the Town of Gulf
Stream that the following regulations are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are Incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces Chapter 48, Flood Prevention
and Protection in the manner and form set forth below.
Town of Gulf Stream Floodplain Management Ordinance
Chapter 48 - FLOOD PREVENTION AND PROTECTION
ARTICLE I. - GENERAL
Sec. 48-1. - Title. These regulations shall be known as the Floodplain Management Ordinance
or the Town of Gulf Stream, hereinafter referred to as "this ordinance."
Sec. 48.2. - Scope. The provisions of this ordinance 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; installation or replacement
of Tanks; placement of recreational vehicles; installation of swimming pools; and any other
development. Manufactured homes are not permitted within any zoning category within the Town.
Sec. 48.3. - Intent. The purposes of this ordinance 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) Require the use of appropriate construction practices in order to prevent or minimize
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 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 as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Sec. 48-4. - Coordination with the Florida Building Code. This ordinance is Intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
Sec. 48-5. - Warning. The degree of flood protection required by this ordinance 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 ordinance
does not Imply that land outside of mapped special flood hazard areas, or [hal uses permitted within
such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and
base food 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 ordinance.
Sec. 48-6. - Disclaimer of Liability. This ordinance shall not create liability on the part of the
Town Commission of the Town of Gulf Stream or by any officer or employee thereof for any
flood damage that results from reliance on this ordinance or any administrative decision lawfully
made thereunder.
Secs. 48-7-48.10. - Reserved.
ARTICLE It. - APPLICABILITY
Sec. 48-11. - General. Where there is a conflict between a general requirement and a specific
Town of Gulf Stream Floodplain Management Ordinance 2
requirement, the specific requirement shall be applicable.
Sec. 48-12. - Areas to which this ordinance applies. This ordinance shall apply to all Flood
hazard areas within the Town of Gulf Stream, as established in Section 48.13 of this ordinance.
Sec. 48-13. - Basis for establishing flood hazard areas. The Flood Insurance Study for Palm
Beach County, Florida and Incorporated Areas dated October 5, 2017, 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
ordinance and shall serve as the minimum basis for establishing good hazard areas. Studies
and maps that establish good hazard areas are on file at the Town Hall of Gulf Stream, Florida
at 100 Sea Road.
Sec. 48-14. - Submission of additional data to establish flood hazard areas. To establish
good hazard areas and base flood elevations, pursuant to Article V of this ordinance 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 good elevation, even in areas not delineated as a
special good hazard area on a FIRM, the area shall be considered as good hazard area
and subject to the requirements of this ordinance 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 good hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special good hazard area.
Sec. 48-15. - Other laws. The provisions of this ordinance shall not be deemed to nullify any
provisions of local, stale or federal law.
Sec. 48.16. - Abrogation and greater restrictions. This ordinance supersedes any ordinance
In effect for management of development in good hazard areas. However, It Is not Intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, slormwater management regulations, or the Florida Building
Code. In the event of a conflict between this ordinance and any other ordinance, the more
restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or
easement, but any land that is subject to such Interests shall also be governed by this
ordinance.
Sec. 48-16. - Interpretation. In the Interpretation and application of this ordinance, 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 slate statutes.
Secs. 48-17-48-20. - Reserved.
ARTICLE III. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 48-21. - Designation. The Town Manager is designated as the Floodplain Administrator.
The Floodplain Administrator may delegate performance of certain duties to other employees.
Sec. 48.22. - General. The Floodplain Administrator is authorized and directed to administer
and enforce the provisions of this ordinance. The Floodplain Administrator shall have the
authority to render Interpretations of this ordinance consistent with the intent and purpose of this
ordinance 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 ordinance without the granting of a variance pursuant
to Article VII of this ordinance.
Sec. 48.23. - Applications and permits. The Floodplain Administrator, in coordination with
other pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in good hazard areas;
(2) Review applications for modification of any existing development in good hazard areas
for compliance with the requirements of this ordinance;
Town of Gulf Stream Floodplain Management Ordinance 3
(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 Food 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) 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 ordinance Is demonstrated, or disapprove the same in the event of noncompliance;
and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and Inspections for buildings and structures in Food hazard
areas comply with the applicable provisions of this ordinance.
Sec. 48.24. - Substantial improvement and substantial damage determinations. 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 Floodplain Administrator, in
coordination with the Building Official, shall:
(1) 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 or the Florida Building Code and this ordinance is required.
Sec. 48.25. - Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official 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 Article VII of this ordinance.
Sec. 48.26. - 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 ordinance.
Sec. 48.27. - Inspections. The Floodplain Administrator shall make the required inspections as
specified In Article VI of this ordinance 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.
Sec. 48-28. - Other duties of the Floodplain Administrator. The Floodplain Administrator
shall have other duties, Including but not limited to:
(1) Establish, In coordination with the Building Official, procedures for administering and
documenting determinations of substantial Improvement and substantial damage made
pursuant to Section 48-24 of this ordinance;
(2) 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 Rale Maps if the analyses propose to change base food elevations
Town of Gulf Stream Floodplain Management Ordinance
or flood hazard area boundaries; such submissions shall be made within 6 months of
such data becoming available;
(3) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code to determine that such certifications and
documentations are complete;
(4) Notify the Federal Emergency Management Agency when the corporate boundaries of
the Town of Gulf Stream are modified; and
(5) 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 Barrer 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."
Sac. 48-29. - 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 ordinance and the flood resistant construction requirements of the Florida
Building Code, Including Flood Insurance Rate Maps; Letters of Map 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 ordinance;
documentation related to appeals and variances, Including justification for issuance of denial;
and records of enforcement actions taken pursuant to this ordinance and the flood resistant
construction requirements of the Florida Building Code. These records shall be available for
public Inspection at the Town Hall.
Secs. 48.30. - Reserved.
ARTICLE IV. - PERMITS
Sec. 48.31. - Permits required. Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope of this
ordinance, 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 ordinance and all other applicable codes and regulations has been satisfied.
Sec. 48.32. - Floodplain development permits or approvals. Floodplaln development permits or
approvals shall be Issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Budding 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 floodplain
development permit or approval is required in addition to a building permit.
Sec. 48-33. - 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), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farts buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modufar 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.
Town of Gulf Stream Floodplain Management Ordinance
(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.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
Sec. 48-34. - Application for a permit or approval. To obtain a floodplain development permit
or approval the applicant shall first rile an application in writing on a form furnished by the Town.
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 Article V of [his
ordinance.
(5) Stale 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.
Sec. 48-35. - Validity of permit or approval. The issuance of a floodplain development permit
or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of,
any violation of this ordinance, the Florida Building Codes, or any other ordinance of the Town.
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.
Sec. 48-36. - Expiration. A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its issuance, or
If the work authorized Is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested In
writing and justifiable cause shall be demonstrated.
Sec. 48.37. - Suspension or revocation. The Floodplain Administrator is authorized to
suspend or revoke a floodplain development permit or approval if the permit was Issued in error,
on the basis of incorrect, inaccurate or Incomplete information, or In violation of this ordinance or
any other ordinance, regulation or requirement of this community.
Sec. 48.38. - Other permits required. Floodplain development permits and building permits
shall include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, Including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065. F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(4) 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.
(5) Federal permits and approvals.
Sea. 48-39--48.40. - Reserved.
ARTICLE V. - SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 48.41. - Information for development In flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this ordinance shall
be drawn to scale and shall include, as applicable to the proposed development:
Town of Gulf Stream Floodplain Management Ordinance e
(1) Delineation of flood hazard areas and good zone(s), base flood elevation(s), and ground
elevations if necessary for review of the proposed development.
(2) Where base flood elevations are not included on the FIRM or In the Flood Insurance
Study, they shall be established in accordance with Section 48.42(2) or (3) of this
ordinance.
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base good elevations are not included on
the FIRM or In the Flood Insurance Study, such elevations shall be established in
accordance with Section 4842(1) of this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located 15
feel landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill Is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the Intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development Is such that the review of such submissions Is not necessary to ascertain
compliance with this ordinance.
See. 48-42. - Information in flood hazard areas without base flood elevations
(approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood
elevation data have not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation data available from a
federal or state agency or other source or require the applicant to obtain and use base
flood elevation data available from a federal or state agency or other source.
(3) Where base flood elevation data are not available from another source, where the
available data are deemed by the Floodplaln Administrator to not reasonably reflect
flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared In
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is no
evidence Indicating good depths have been or may be greater than two (2)
feet.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a formal required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
Sec. 48-43. - Additional analyses and certifications. As applicable to the location and nature
of the proposed development activity, for activities that propose to alter sand dunes or
mangrove stands In coastal high hazard areas (Zone V), the applicant shall submit an
engineering analysis that demonstrates the proposed alteration will not increase the potential for
flood damage. The analysis shall be signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents.
Sec. 48-44. - Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
Town of Gulf Stream Floodplaln Management Ordinance
elevations or change boundaries of flood hazard areas shown on FIRMS, and to submit such
data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed
engineer in a format required by FEMA. Submittal requirements and processing fees shall be
the responsibility of the applicant.
Secs. 48-45-48-50. - Reserved
ARTICLE VI. - INSPECTIONS
Sec. 48.51. - General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
Sec. 48-52. - Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the requirements of
this ordinance and the conditions of issued floodplain development permits or approvals.
Sec. 48-53. - Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this ordinance and the
conditions of issued floodplain development permits or approvals.
Sec. 48-54. - Buildings, structures and facilities exempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator.
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 48-42(3)(b) of this ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
Sec. 48.55. - Buildings, structures and facilities exempt from the Florida Building Code,
final inspection. As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 48-54 of this
ordinance.
Secs. 48-56-48-60. - Reserved.
ARTICLE VII. - VARIANCES AND APPEALS
Sec. 48.61. - General. The Town Commission, sitting as the Board of Adjustment shall hear
and decide an requests for appeals and requests for variances from the strict application of this
ordinance. Pursuant to section 553.73(5), F.S., the Board of Adjustment shall hear and decide
on requests for appeals and requests for variances from the strict application of the flood
resistant construction requirements of the Florida Building Code. This section does not apply to
Section 3109 of the Florida Building Code, Building.
Sec. 48.62. - Appeals. The Town Commission, silting as the Board of Adjustment shall hear
and decide appeals when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator In the administration and enforcement of
this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit
Court, as provided by Florida Statutes.
Sec. 48-63. - Limitations on authority to grant variances. The Town Commission, sitting as
the Board of Adjustment shall base Its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in Section 48-66 of this ordinance, the
conditions of Issuance set forth In Section 48-67 of this ordinance, and the comments and
recommendations of the Floodplain Administrator and the Budding Official. The Board of
Adjustment has the right to attach such conditions as It deems necessary to further the
purposes and objectives of this ordinance.
Sec. 48.64. - Historic buildings. A variance Is authorized to be issued for the repair,
Improvement, or rehabilitation of a historic building that is determined eligible for the exception
Town of Gulf Stream Floodplain Management Ordinance R
to the Flood resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic building, a
variance shall not be granted and the building and any repair, Improvement, and rehabilitation
shall be subject to the requirements of the Florida Building Code.
Sec. 48.65. - Functionally dependent uses. A variance Is authorized to be Issued for the
construction or substantial Improvement necessary for the conduct of a functionally dependent
use, as defined In this ordinance, provided the variance is the minimum necessary considering
the flood hazard, and all due consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
Sec. 48.66. - Considerations for Issuance of variances. In reviewing requests for variances,
the Town Commission, sitting as the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building Cade, this
ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property In times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, If applicable, expected at the site; and
(10) 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, streets and bridges.
Sec. 48-67. - Conditions for issuance of variances. Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the Town Commission sitting as the Board of Adjustment that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or Inconvenience do not constitute hardship;
(b) The granting of a variance will not result In Increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that It appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
Town of Gulf Stream Floodplain Management Ordinance
elevation of the lowest floor, staling that the cost of federal flood Insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of Insurance coverage), and staling that construction
below the base flood elevation increases risks to life and property.
Secs. 4858-48-70. - Reserved
ARTICLE VIII. - VIOLATIONS
Sec. 48.71. - Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this ordinance that is performed without an Issued permit, that is In
conflict with an Issued permit, or that does not fully comply with this ordinance, shall be deemed
a violation of this ordinance. A building or structure without the documentation of elevation of
the lowest floor, other required design certifications, or other evidence of compliance required
by this ordinance or the Florida Building Code is presumed to be a violation until such time as
that documentation is provided.
Sec. 48-72. - Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this ordinance and that Is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or slop work orders to owners
of the property involved, to the owners agent, or to the person or persons performing the work.
Sec. 48-73. - Unlawful continuance. Any person who shall continue any work after having
been served with a notice of violation or a stop work order, except such work as that person Is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
Secs. 48-74-A8-75. - Reserved.
ARTICLE I%. - DEFINITIONS
Sec. 48-76. Definitions. Unless otherwise expressly staled, the following words and terms
shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms
are not defined in this ordinance and are defined In the Florida Building Code, such terms shall
have the meanings ascribed to them in that code. Where terms are not defined in this ordinance
or the Florida Building Code, such leans shall have ordinarily accepted meanings such as the
context Implies.
Appeal. A request for a review of the Floodplain Administrators Interpretation of any provision
of this ordinance.
ASCE 24. A standard I tled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 Is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base Flood. A flood having a 1 -percent chance of being equaled or exceeded in any given
year. (Also defined In FBC, B, Section 202.] The base flood is commonly referred to as the
"100 -year flood" or the "1 -percent -annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined In FBC, B. Section
202.]
Basement. The portion of a building having its Floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1430, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1 -percent or greater chance of flooding In any year; or
Town of Gulf Stream Floodplain Management Ordinance 10
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building's perimeter plus the depth number (in feet) specified an the flood hazard
map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feel. [Also defined in FBC, 6, Section 202.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may Impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before November 24, 1972. [Also defined in FBC, B, Section 202.]
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 202.1
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 202.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
202.]
(1) The area within a floodplain subject to a 1 -percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated,
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 202.1
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 202.1
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval. An official document or certificate issued by the
Town, or other evidence of approval or concurrence, which authorizes performance of specific
development activities that are located in flood hazard areas and that are determined to be
compliant with this ordinance.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
Including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform Its intended purpose unless it is
located or carried out in close proximity to water, Including only docking facilities, port facilities
Town of Gulf Stream Floodplain Management Ordinance 11
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
Letter of Map Change (LOMC). An official determination Issued by FEMA that amends or
revises an effective Flood Insurance Rale Map or Flood Insurance Study. Letters of Map
Change Include:
Letter of Mao Amendment (LOMA): An amendment based on technical data showing
that a property was Incorrectly Included In a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Mao Revision (LOMR)• A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimelric features.
Letter of Mao Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of May Revision (CLOMR)• A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study, upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which Is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure In violation of the non -elevation requirements
of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used In this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other Improvements on the parcel. Markel
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the Flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after November 24, 1972 and Includes any subsequent
Improvements to such structures.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
[Defined In section 320.01, F.S.]
Recreational vehicle. A vehicle, Including a park trailer, which is: [See section 320.01, F.S.)
Town of Gulf Stream Floodplain Management Ordinance 12
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light -duly truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO,
Al -A30, AE, Agg, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 202.]
Start of construction. The dale of Issuance of perils for new construction and substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the data of the Issuance. The
actual start of construction means either the first placement of permanent construction of a
building (Including a manufactured home) an a site, such as the pouring of slab or footings, the
installation of piles, or the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary fors or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. 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. [Also defined in FBC, B Section 202.1
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to Its before -damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 202.)
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or
other improvement of a building or structure, the cost of which equals or exceeds 50 percent of
the market value of the building or structure before the improvement or repair Is started. If the
structure has incurred "substantial damage;' any repairs are considered substantial
improvement regardless of the actual repair work pedored. The ter does not, however,
Include either. [Also defined in FBC, B, Section 202.1
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safely code violations Identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
ARTICLE X. - BUILDINGS AND STRUCTURES
Sec. 48-. - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 48-33 of this ordinance, 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 Article XV of this ordinance.
Secs. 48-77-48-80. - Reserved.
ARTICLE XI. - SUBDIVISIONS
Sec. 48.81. - Minimum requirements. Subdivision proposals shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
Town of Gulf Stream Floodplain Management Ordinance 13
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; In Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 48-82. - Subdivision plats. Where any portion of proposed subdivisions Iles within a flood
hazard area, the following shall be required:
(1) Delineation of good hazard areas and flood zones, and design flood elevations, as
appropriate, shall be shown on preliminary plats;
(2) Where the subdivision has more than 50 lots or Is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 48-42(1) of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Article XII of this
ordinance.
Secs. 48-83--48-85. - Reserved.
ARTICLE XII. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 48-86. - 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; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
Sec. 48.87, - Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters Into the facilities and discharge from the facilities
into good waters, and Impairment of the facilities and systems.
Sec. 48.88. - Water supply facilities. All new and replacement water supply facilities shall be
designed In accordance with the water well construction standards in Chapter 62-532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate Infiltration of floodwaters into the
systems.
Sec. 48.69. - Limitations on placement of fill. Subject to the limitations of this ordinance, rill
shall be designed to be stable under conditions of flooding Including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood -related erosion
and scour. In addition to these requirements, if intended to support buildings and structures
(Zone A only), fill shall comply with the requirements of the Florida Building Code.
Sec. 48-90. - 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 Section 48-43 of this ordinance 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 48-110(3)
of this ordinance.
Secs. 48-91--48-95. - Reserved.
ARTICLE XIII. - RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 48.96. - Temporary placement. Recreational vehicles and park trailers placed temporarily
In flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
Town of Gulf Stream Flocdplaln Management Ordinance 14
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick -
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
ARTICLE XIV. - TANKS
Sec. 48-97. - Underground tanks. Underground tanks in good hazard areas shall be anchored
to prevent Rotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design good, Including the effects of buoyancy assuming the tank
Is empty.
Sec. 48.98. - Above -ground tanks, not elevated. Above -ground tanks that do not meet the
elevation requirements of Section 48-99 of this ordinance shall:
(1) Be permitted In flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
Rotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, Including the effects of buoyancy assuming
the tank is empty and the effects of flood-bome debris.
(2) Not be permitted In coastal high hazard areas (Zone V).
Sec. 48-99. - Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall
be elevated to or above the design flood elevation and attached to a supporting structure that is
designed to prevent Rotation, collapse or lateral movement during conditions of the design flood.
Tank-supporling structures shall meet the foundation requirements of the applicable flood
hazard area.
Sec. 48-100 - Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design Rood.
Secs. 48-101-18-105. - Reserved.
ARTICLE XV. - OTHER DEVELOPMENT
Sec. 48-108. - General requirements for other development. All development, Including man-
made changes to improved or unimproved real estate for which specific provisions are not
specified in this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(3) Be constructed of flood damage -resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safely and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
Sec. 48-107. - Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
buildings and structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during Flooding that Is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
Sec. 48-108. - Decks and patios in coastal high hazard areas (Zone V). In addition to the
Town of Gulf Stream Floodplain Management Ordinance t9
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
(1) A deck that Is structurally attached to a building or structure shall have the bottom or the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any Increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain Intact and In place during design flood
conditions or to break apart Into small pieces to minimize debris during (boding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) Inches or less and that is at
natural grade or on nonstructural fill material that Is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
Sec. 48-109. - Other development in coastal high hazard areas (Zone V). In coastal high
hazard areas, development activities other than buildings and structures shall be permitted only
If also authorized by the appropriate federal, state or local authority; if located outside the
footprint of, and not structurally attached to, buildings and structures; and if analyses prepared
by qualified registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would Increase damage to adjacent buildings and
structures. Such other development activities Include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fall under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
Sec. 48-110.- Nonstructural fill in coastal high hazard areas (Zone V). In coastal high
hazard areas:
(1) Minor grading and the placement of minor quantifies of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill shall be permitted only if an analysis prepared by a qualified registered
design professional demonstrates consideration of particle composition does not have
tendency for excessive natural compaction, the volume and distribution of fill will cause
no harmful diversion of floodwaters or wave runup and wave reflection that would
Increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach -dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
SECTION 3. This ordinance amends Chapter 42, Buildings and Building Regulations in
the manner and form set forth below.
Sec. 42.31. — Technical amendments to the Florida Building Code, Residential.
R322.1.6 Protection of mechanical and electrical systems. Electrical systems,
equipment and components; heating, ventilating, air conditioning; plumbing appliances
and plumbing fixtures; duct systems; and other service equipment and all connections
Town of Gulf Stream Floodplain Management Ordinance 16
shall be located at or above the elevation required In Section R322.2 (Flood hazard areas
including A Zones) or R322.3 (coastal high hazard areas including V Zones). If replaced
as part of a substantial Improvement, electrical systems, equipment and components;
healing, ventilating, air conditioning and plumbing appliances and plumbing fixtures; duct
systems; and other service equipment shall meet the requirements of this section.
Systems, fixtures, and equipment and components shall not be mounted on or penetrate
through walls Intended to break away under flood loads.
R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, Including
crawl spaces, that are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage. The Interior port
Remainder unchanged
R322.3.4 Walls below design flood elevation.
Sec. 42-32. — Technical amendments to the Florida Building Code, Building.
1612.4.2 Additional requirements.
1. In flood hazard areas other than in Coastal High Hazard Areas and Coastal A Zones.
The interior portion of enclosed areas below the lowest floor shall not be partitioned or
finished into separate rooms except for stairwells, ramps, and elevators, unless a
Town of Gulf Stream Floodplain Management Ordinance 17
partition is required by the fire code. The limitation on partitions does not apply to load
bearing walls interior to perimeter wall (crawlspace) foundations. Access to enclosed
areas shall be the minimum necessary to allow for the parking of vehicles (garage door)
or limited storage of maintenance equipment used in connection with the premises
(standard exterior door) or entry to the building (stairway or elevator).
2. In Flood hazard areas other than in Coastal High Hazard Areas and Coastal A Zones.
a. The minimum elevation requirements shall be as specified in ASCE 24 or the base
flood elevation plus 2 feet (610 mm), whichever is higher.
b. Lattice and decorative mesh screening are permitted below the elevated lowest floor
provided they are not part of the structural support of the building and are designed to
breakaway without causing collapse, displacement or structural damage to the
foundation and dwelling. Walls below the elevated lowest floor are not permitted.
SECTION 4. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and Inspection of buildings and
structures, the cost Impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 5. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in Town of Gulf Stream.
This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after the effective date of this
ordinance.
SECTION 6. INCLUSION INTO THE CODE OF ORDINANCES.
It Is the intent of the Town Commission of the Town of Gulf Stream that the provisions of this
ordinance shall become and be made a part of the Town of Gulf Stream's Code of Ordinances
and that the sections of this ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "section," "article," "regulation," or such other appropriate word
or phrase in order to accomplish such Intentions.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or Invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION S. EFFECTIVE DATE.
This ordinance shall take effect Immediately upon Its passage and approval, as provided by law.
PASSED AND ADOPTED In a regular, adjourned session on first reading this 11th day
of August , 2017, and fora second and final-rea�ing on this 16th day of Septerher
2017. l
Commissioner
ATTEST: /t
Town of Gulf Stream Floodplain Management Ordinance 18