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HomeMy Public PortalAboutORD 78/02e JOHNSTON SASSER & RANDOLPH 10 OKEECHOBEE BLVD. EST PALM BEACH, FLA. 33402 ORDINANCE NO. 78 -2 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE NO. 74 -6 IN ORDER TO BRING THE REGULATIONS OF THE TOWN OF GULF STREAM CURRENT WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS IN ACCORDANCE WITH SECTION 1910.3(e) EFFECTIVE DECEMBER 1, 1976 PROVIDING FINDINGS OF FACT; STATEMENT OF PURPOSE; OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS REGARDING LANDS TO WHICH THE ORDINANCE APPLIES; BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS; ESTABLISH- MENT OF DEVELOPMENT PERMIT; COMPLIANCE; ABROGATION AND GREATER RESTRICTIONS; INTERPRE- TATION; WARNING AND DISCLAIMER OF LIABILITY; PENALTIES FOR VIOLATION; ADMINISTRATION; PERMIT PROCEDURES; VARIANCE PROCEDURES; PROVISIONS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS; STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Town Council of the Town of Gulf Stream, Florida, as follows: ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES SECTION A. STA'T'UTORY AUTHORIZATION The Legislature of the State of Florida has in Chapter 166, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Commission of the Town of Gulf Stream, Florida does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of the Town of Gulf Stream are subject to periodic inundation which results in loss of life, 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. (2) These flood losses are caused by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood - proofed, or otherwise protected from flood damages. JOHNSTON SASSER & RANDOLPH IO OKEECHOBEE BLVD. EST PALM BEACH, FLA. 33402 SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damage; and, (5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION D. OBJECTIVES The objectives of this ordinance are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; (6) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and, 2 JOHNSTON SASSER & RANDOLPH 10 OKEECHOBEE BLVD. EST PALM BEACH, FLA. 33402 (7) to insure that potential home buyers are notified that property is in a flood area. TICLE 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the Town Clerk's interpre- tation of any provision of this ordinance or a request for a variance. "Area of special flood hazard" is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Breakaway walls" mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which are not part of the structural support of the building and which are so designed as to i breakaway, under abnormally high tides or wave action, without damage) to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. "Coastal High Hazard Area" means the area subject to high velocity I waters, including, but not limited to, hurricane wave wash or tsunamLc. The area is designated on a FIP24 as Zone V1 -30. "Development" means any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood "or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. 3 "Flood Hazard Boundary Map (FHBP)" means an official map of a com- ty, issued by the Federal Insurance Administration, where the ies of the areas of special flood hazard have been designated las Zone A. "Flood Insurance Rate Map (FIRM)" means an official map of a com- munity, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base floor. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a ination thereof. A floor used only for storage purposes is not a "habitable floor ". "Mangrove stand" means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia Nitida); red grove (Rhizophora Mangle); white mangrove (Languncularia emosa); and buttonwood (Conocarpus Erecta). "Mean sea level" means the average height of the sea for all stages f the tide. "New construction" means structures for which the "start of onstruction" commenced on or after the effective date of this rdinance. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Start of construction" means the first placement of permanent construction of a structure on a site, such as the pouring of JOHNSTON SASSER & RANDOLPH 10 OKEECHOBEE BLVD. EST PALM BEACH, FLA. 33402 slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. "Structure" means a walled and roofed building that is principally above ground. "Substantial improvement" means, for a structure built prior to the enactment of this ordinance, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any (project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications ich are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" is a grant of relief to a person from the requirements o this ordinance which permits construction in a manner otherwise JOHNSTON SASSER & RANDOLPH 10 OKEECHOBEE BLVD. 5 EST PALM BEACH, FLA. 33402 prohibited by this ordinance where specific enforcement would result in unnecessary hardship. ARTICLE 3. GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the Town of Gulf Stream. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administraction in its Flood Insurance Rate Map (FIRM), #125109B, dated September 26, 1975, and any revisions thereto are adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHING OF DEVELOPMENT PERMIT A Development Permit shall be required in conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, extended, con- Iverted or structurally altered without full compliance with the (terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance all provis 0 JOHNSTON .ASSER & RANDOLPH O OKEECHOBEE BLVD. -ST PALM BEACH, FLA. 33402 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. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is con- sidered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION H. PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its require - ernnts shall, upon conviction thereof, be fined not more than $100.00 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Gulf Stream from taking such other lawful action as is necessary to prevent or remedy any violation. ICLE 4. ADMINISTRATION SECTION A. DESIGNATION OF TOWN CLERK AS LOCAL ADMINISTRATOR Town Clerk is hereby appointed to administer and implement the rovisions of this ordinance. JOHNSTON ASSER & RANDOLPH ) OKEECHOBEE BLVD. 7 ST PALM BEACH. FLA. 33402 JOHNSTON 3ASSER & RANDOLPH O OKEECHOBEE BLVD. .ST PALM BEACH, FLA. 33402 ISECTION B. DUTIES AND RESPONSIBILITIES OF THE TOWN CLERK AS LOCAL ADMINISTRATOR (Duties of the Town Clerk shall include, but not be limited to: (1) Review all development permits to assure that the permit requirements of this ordinance have been satisfied. (2) Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provi- ded and maintained on file with the development permit. (3) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (4) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood - proofed. (5) In Coastal High Hazard Areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (6) In Coastal High Hazard Areas, the Town Clerk shall review plans for the adequacy of breakaway walls in accordance with Article 5, Section B(5)(h). (7) When flood - proofing is utilized for a particular structure, the Town Clerk shall obtain certification from a registered professional engineer or architect. (B) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Town Clerk shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretatio: as provided in this article. a (9) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Town Clerk and shall be open for public inspection. JISECTION C. PERMIT PROCEDURES lication for a Development Permit shall be made to the Town Clerk on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. (2) Elevation in relation to mean sea level to which any non - residential structure has been flood - proofed. (3) Provide a certificate from a registered professional engineer or architect that the non - residential flood- proofed structure meets the flood - proofing criteria in Article 5, Section B(2). (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SECTION D. VARIANCE PROCEDURES (1) The Town Commission, sitting as the Zoning Board, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The Zoning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Town Clerk in the enforcementi of administration of this ordinance. (3) Any person aggrieved by the decision of the Zoning Board or any taxpayer may appeal such decision to the Circuit Court of the Fifteenth Judicial Circuit of the State of Florida, as provided in JOHNSTON ASSER & RANDOLPH ) OKEECHOBEE BLVD. ST PALM BEACH, FLA. 33402 E (4) Variances may be issued for the reconstruction, rehabili- tation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (5) In passing upon such applications, the Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatability of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the com- prehensive plan and flood plain management program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, JOHNSTON 3ASSER a RANDOLPH O OKEECHOBEE BLVD. _ST PALM BEACH, FLA. 33402 10 (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a - k) have been fully considered. As the lot size increases beyond the one -half acre, the technical justifica- tion required for issuing the variance increases. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) Conditions for Variances (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, con- sidering the flood hazard, to afford relief. (b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and, (iii) a determination that the granting of a variance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with JOHNSTON existing local laws or ordinances. ;ASSER & RANDOLPH 0 OKEECHOBEE BLVD. [ST PALM BEACH, FLA. 33402 11 JOHNSTON SASSER & RANDOLPH 10 OKEECHOBEE BLVD. EST PALM BEACH, FLA. 33402 (c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensu- rate with the increased risk resulting from the reduced lowest floor elevation. (d) The Town Clerk shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS IIn all areas of special flood hazard the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (6) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (7) Any alteration, repair, reconstruction, or improvements to a structure on which the start of construction was 12 begun after the effective date of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Article 3, Section B, or Article 4, Section B (11), the following provisions are required: (1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Non - residential Construction - New construction or sub- stantial improvement of any construction other than residential shall either have the lower floor, including basement, elevated to the level of the base flood elevatia or, together with attendant utility and sanitary facilities, be flood - proofed so that below the base flood level the structure is water tight with walls substantiall, impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Article 4, Section C(3). (3) Coastal High Hazard Areas (V Zones) - Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard Areas. These areas have special flood hazards associated with high velocity waters from tidal surge and hurricane wave wash, therefore, the following provisions shall apply (a) All buildings or structures shall be located landward of the reach of the mean high tide. (b) All buildings or structures shall be elevated so JOHNSTON that the lowest supporting member is located no ;ASSER a RANDOLPH O OKEECHOBEE BLVD. CST PALM BEACH, FLA. 33402 13 JOHNSTON 3ASSER & RANDOLPH 0 OKEECHOBEE BLVD. :ST PALM BEACH, FLA. 33402 lower than the base flood elevation level, wlth all space below the lowest supporting member open so as not to impede the flow of water, except for break- away walls as provided for in Article 5, Section B (5) (h) . (c) All buildings or structures shall be securely anchored on pilings or columns. (d) Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow. (e) Compliance with provisions contained in Article 5, Section B(5) (b) , (c) and (d) shall be certified to by a registered professional engineer or architect. (f) There shall be no fill used as structural support. (g) There shall be no alteration of sand dunes or man- grove stands which would increase potential flood damage. (h) Breakaway walls shall be allowed below the base flood elevation provided they are not part of the struc- tural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and pro- vided the design specifications as determined by the Town's Consulting Engineer are met. (i) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (j) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Town's Consulting Engineer for approval. (k) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this ordinance shall not enclose the space below the lowest floor unless breakaway walls are used as provided for in Article 5, Section B(5)(h) and (i). (4) Mobile Homes - No mobile home is permitted within any zoning category in the Town of Gulf Stream. 14 SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be provided for sub- division proposals and other proposed development which is greater than the lesser of fifty lots or five acres. TICLE 6. SEVERABILITY If any article, section, sub - section or phrase of this ordinance is for any reason declared invalid or unconstitutional by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. ICLE 7. INCONSISTENT ORDINANCES 1 ordinances or parts of ordinances inconsistent with this ordin are hereby repealed to the extent of such inconsistencies. ICLE 8. is ordinance shall take effect upon its passage and approval, as ovided by law. PASSED AND ADOPTED ON READING THIS DAY A. D., 1978. PROVED: Mayor ATTEST: JOHNSTON SASSER & RANDOLPH HO OKEECHOBEE BLVD. JEST PALM BEACH, FLA. 33402 Town of Gulf Stream Town Cle k 246 Sea Road Gulf .Stream. Fla. 33444 15