HomeMy Public PortalAbout1993-02 Amending the code, adding a new chapter entitled Flood Damage PreventionORDINANCE NO. 93-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE CODE OF THE VILLAGE OF
KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED
"FLOOD DAMAGE PREVENTION"; PROVIDING FOR
STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS;
PROVIDING AN INTENT AND PURPOSE; PROVIDING
OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING
GENERAL PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING FOR FLOOD
HAZARD REDUCTION; PROVIDING FOR VARIANCES AND
APPEALS; PROVIDING FOR THE REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
WHEREAS, the Village of Key Biscayne is located in an area
highly susceptible to Flooding;
WHEREAS, the Village Council has determined that it is in the
best interest of the residents of the Village of Key Biscayne to
establish regulations on the development of land to reduce the risk
of Flood damage to improvements and structures located in the
Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new chapter which shall read as follows:
Chapter
Flood Damage Prevention
Sec. 1. Short Title. This Chapter shall be known
as the Flood Damage Prevention Chapter.
Sec. 2. Statutory Authority and Legislative
Findings.
A. The Legislature of the State of Florida has in
Chapter 166 and 163 Florida Statutes, granted
the authority and responsibility to local
governmental units, including the Village, the
power to adopt regulations designed to promote
the public health, safety and general welfare,
as well as to adopt development regulations
controlling the use of land.
B. The flood hazard areas of the Village are
subject to periodic inundation which results
in loss of life and property, health and
safety hazards, disruption of commerce and
governmental services, extraordinary public
expenditures for Flood protection and relief,
and impairment of the tax base, all of which
adversely affect the public health, safety and
general welfare.
C. These Flood losses are caused by the
cumulative effect of obstructions in
Floodplains 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 unprotected from Flood damages.
Sec. 3. Intent and Purpose.
It is the purpose of this Chapter 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:
A. restrict or prohibit uses which are dangerous
to health, safety and property due to water or
erosion hazards, or which result in damaging
increases in erosion or in Flood heights or
velocities;
B. require that uses vulnerable to Floods,
including facilities which serve such uses, be
protected against Flood damage at the time of
initial construction or Substantial
Improvement;
C. control the alteration of natural Floodplains,
stream channels, and natural protective
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barriers which are involved in the
accommodation of Flood waters;
D. control filling, grading, dredging and other
Development which may increase erosion or
Flood damage, and;
E. prevent or regulate the construction of Flood
barriers which will unnaturally divert Flood
waters or which may increase Flood hazards to
other lands.
Sec. 4 Objectives
The objectives of this Chapter are:
A. to protect human life and health;
B. to minimize expenditure of public money for
costly Flood control projects;
C. to minimize the need for rescue and relief
efforts associated with Flooding and generally
undertaken at the expense of the general
public;
D. to minimize prolonged business interruptions;
E. to minimize damage to public facilities and
utilities such as water and gas mains,
electric, telephone and sewer lines, street
and bridges located in Floodplains;
F. 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 Flood blight areas;
G. to insure that potential home buyers are
notified that property is in a Flood area; and
H. to comply with the requirements of the
National Flood Insurance Program so as to
ensure the availability of Flood insurance for
residents and property owners.
Sec. 5. Definitions.
In construing the provisions of this Chapter, where the
context will permit and no definition is provided herein,
the definitions provided in Chapter 403, Florida
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Statutes, as may be amended from time to time, and in the
rules and regulations promulgated thereunder, as may be
amended from time to time, shall apply. The following
words and phrases when used in this Chapter shall have
the meanings ascribed to them in this section.
A. Accessory Structure shall mean a non -habitable,
garage, or other Building or Structure on a lot or parcel
subordinate to an not forming an integral part of the
main or principal Building but pertaining to the use of
the main Building.
B. Area of Special Flood Hazard shall mean the
land in the Floodplain within a community subject to a
one percent or greater chance of Flooding in any given
year.
C. Base Flood Elevation means the elevation for
which there is a one percent chance in any given year
that Flood levels will equal or exceed it. The Base
Flood Elevations are indicated on the Village FIRM.
D. Base Flood shall mean a Flood having a one
percent chance of being equaled or exceeded in any given
year.
E. Basement shall mean that portion of a Building
having its Floor subgrade (below ground level) on all
sides.
F. Breakaway Wall shall mean any type of wall,
whether solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic, or any other
suitable building material, which is not a part of the
structural support of the Building and which is intended
through design and construction to collapse under
specific lateral loading forces without causing damage to
the elevated portion of the Building or the supporting
foundation system or any other Building to which they
might be carried by Flood waters.
G. Building shall mean any Structure built for
support, shelter or enclosure for any occupancy or
storage.
H. Coastal High Hazard Area shall mean an Area of
Special Flood Hazard extending from off -shore to the
inland limit of a primary frontal dune along an open
coast and any other area subject to high velocity waters
caused by, but not limited to, hurricane wave wash. The
area is designated on a FIRM as Zone VI -30, VE or V.
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I. Development or Development Activity shall mean
any man-made change to improved or unimproved real
estate, including, but not limited to, Buildings or other
Structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, or permanent storage of
materials or equipment.
J. Development Permit means any building permit,
zoning permit, subdivision approval, rezoning,
recertification, special exception, variance or any other
official action of the Village having the effect of
permitting the Development of land.
K. Elevated Building means a non -basement building
built to have the Lowest Floor elevated above the ground
level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) or shear walls.
L. Flood or Flooding shall mean a general and
temporary condition of partial or complete inundation of
normally dry land areas from:
(1) the overflow of streams, rivers, or other
inland water; or
(2) abnormally high tidal water or rising
coastal waters resulting from severe
storms, hurricanes or tsunamis; or
(3) the unusual and rapid accumulation of
run-off of surface water from any source.
M. Flood -Plain or Flood -Prone Area means any land
area susceptible to being inundated by water from any
source.
N. Floodproofing shall mean any combination of
structural and nonstructural additions, changes, or
adjustments (other than elevating) to Structures which
reduce or eliminate Flood damage to real estate or
improved real property, water supply and sanitary sewage
facilities, Structures, and their contents. Floodproofing
includes by way of illustration, not limitation, the
following measures:
(1) Anchorage to resist flotation and lateral
movement.
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(2) Installation of watertight doors,
bulkheads, and shutters, or similar
methods of construction to protect
against winds, wave action, or Flood
waters.
(3) Reinforcement of walls to resist water
pressures.
(4) Use of paints, membranes, or mortars to
reduce seepage of water through walls.
(5) Addition of mass or weight to Structures
to resist flotation.
(6) Installation of pumps to lower water
levels in Structures.
(7) Construction of water supply and waste
water treatment and disposal systems to
prevent the entrance or infiltration of
Flood waters.
(8) Pumping facilities or comparable
practices for subsurface drainage systems
for Buildings to relieve external
foundation wall and Basement Flood
pressures.
(9) Construction to resist rupture or
collapse caused by water pressure or
Flooding debris.
(10) Installation of valves or controls of
sanitary and storm drains which will
permit the drains to be closed to prevent
backup of sewage and storm waters into
the Buildings or Structures. Gravity
draining of Basements may be eliminated
by mechanical devices.
(11) Locate all electrical equipment, circuits
and installed electrical appliances in a
manner which will assure they are not
subject to Flooding and to provide
protection from inundation by the Base
Flood.
(12) Locate any Structure, storage facilities
for chemicals, explosives, buoyant
materials, flammable liquids or other
toxic materials which could be hazardous
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to the public health, safety, and welfare
in a manner which will assure that the
facilities are situated at elevations
above the height associated with the
regulatory protection elevation or are
adequately Floodproofed to prevent
flotation of storage containers, or
damage to storage containers which could
result in the escape of toxic materials
into Flood waters.
0. Flood Hazard Boundary Map means an official map
of the Village, issued prior to the FIRM by the Federal
Emergency Management Agency, where the boundaries of the
Areas of Special Flood Hazard have been identified.
P. Flood Insurance Rate Map (FIRM) shall mean an
official map of a community, on which the Federal
Emergency Management Agency has delineated both the Areas
of Special Flood Hazard and the risk premium zones
applicable to the community.
Q. Flood Insurance Study shall mean the official
report provided by the Federal Emergency Management
Agency. The report contains Flood profiles, as well as
the water surface elevation of the Base Flood.
R. Floor shall mean the top surface of an enclosed
area in a Building (including Basement), i.e., top of
slab in concrete slab construction or top of wood
flooring in wood frame construction. The term does not
include the floor of a garage used solely for parking
vehicles.
S. Functionally Dependent Structure shall mean a
Structure which cannot be used for its intended purpose
unless it is located or carried out in close proximity to
water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing
facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
T. Historic Building or Structure shall mean any
Structure that is:
(1) Listed individually in the National
Register of Historic Places (a listing
maintained by the Department of Interior)
or preliminarily determined by the
Secretary of the Interior as meeting the
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requirements for individual listing on
the National Register; or
(2) Certified or preliminarily determined by
the Secretary of the Interior as
contributing to the historical
significance of a registered historic
district or a district preliminarily
determined by the Secretary to qualify as
a registered historic district; or
(3)
Individually listed on a state inventory
of historic places in states with
historic preservation programs which have
been approved by the Secretary of the
Interior; or
(4) Individually listed on a local inventory
of historic places in communities with
historic preservation programs that have
been certified either:
a) By an approved state program as
determined by the Secretary of the
Interior, or
b) Directly by the Secretary of the
Interior in states without approved
programs.
U. Lowest Floor shall mean the lowest floor of the
lowest enclosed area (including Basement). An unfinished
or Flood -resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other
than a Basement area, is not considered a Building's
Lowest Floor; provided that such enclosure is not built
so as to render the Structure in violation of the
applicable non -elevation design requirements of this
Chapter.
V. Mangrove Stand shall mean an assemblage of
mangrove trees which consist of one or more of the
following species: black mangrove (Avicennia Germinans);
red mangrove (Rhizophora Mangle); white mangrove
(Languncularian Racemosa) and buttonwood (Conocarpus
Erecta).
W. Manufactured Home (trailer) shall mean a
Structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to
the required utilities. The term Manufactured Home does
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not include a Recreational Vehicle; however, park
trailers, travel trailers, and similar transportable
structures placed on a site for one hundred eighty (180)
consecutive days or longer shall be regulated as
Manufactured Homes.
X. Mean Sea Level shall mean average height of the
sea for all stages of the tide. It is used as a
reference for establishing various elevations within the
Floodplain. For purposes of this Chapter, the term is
synonymous with National Geodetic Vertical Datum (NGVD)
(as corrected in 1929), which means a vertical control
used as a reference for establishing varying elevations
within a Flood -Plain.
Y. New Construction shall mean any Structure for
which the Start Of Construction commenced on or after the
effective date of this Chapter. The term also includes
any subsequent improvements to the Structure. Start of
Construction (for other than new construction or
substantial improvements under the Coastal Barrier
Resources Act (P. L. 97-348)), includes Substantial
Improvement, and means the date the building permit was
issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180
days of the permit date. The actual start means the
first placement of permanent construction of a Building
(including a Manufactured Home) on a site, such as the
pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of
excavation or the placement of a Manufactured Home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or
walkways; nor does it include excavation for a Basement,
footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on
the property of Accessory Structures, such as garages or
sheds not occupied as dwelling units or not part of the
main Building. 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.
Z. New Manufactured Home Park or New Manufactured
Home Subdivision shall mean a Manufactured Home Park or
Subdivision for which the construction of facilities for
servicing the lots on which the Manufactured Homes are to
be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final
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site grading or the pouring of concrete pads) is
completed on or after the effective date of this Chapter.
AA. Recreational Vehicle shall mean a vehicle which
is:
(1) built on a single chassis; and
(2) 400 square feet or less when measured at
the largest horizontal projection; and
(3) designed to be self-propelled or
permanently towable by a light duty
truck; and
(4) designed primarily not for use as a
permanent dwelling but as temporary
living quarters for recreational,
camping, travel, or seasonal use.
BB. Residential or Residence shall mean any lot,
plot, parcel, tract, area, piece of land or Building used
exclusively for family dwelling purposes or intended to
be so used, including concomitant uses as specified in
the prevailing land development regulations of the
Village.
CC. Sand Dunes shall mean naturally occurring
accumulations of sand in ridges or mounds landward of the
beach.
DD. Structure shall mean a walled and roofed
Building that is principally above ground, a Manufactured
Home, a gas or liquid storage tank, or other man-made
facilities or infrastructures.
EE. Substantial Damage shall mean damage of any
origin sustained by a Structure whereby the cost of
restoring the Structure to its before damaged condition
would equal or exceed 50 percent of the market value of
the Structure before the damage occurred.
FF. Substantial Improvement shall mean any
combination of additions, rehabilitation, reconstruction,
alteration, or other improvements to a Structure, taking
place during a one (1) year period in the "A" zones and
a five (5) year period in the "V" zones, in which the
cumulative cost equals or exceeds 50 percent of the
market value of the Structure. The market value of the
Structure shall be the appraised value of the Structure
prior to the start of the initial work.
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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. This term includes Structures which incur
Substantial Damage regardless of actual work performed.
The term does not include either:
(1) Any project for improvement of a Structure
required to correct existing Violations of
state or local health, sanitary, or safety
code specifications which have been identified
by the local code enforcement official and
which are the minimum necessary to assure safe
living conditions; or
(2) Any alteration of a Historic Structure,
provided that the alteration will not preclude
the Structure's continued designation as a
Historic Structure for which a Variance has
been granted pursuant to this Chapter; or
(3)
Repairs for damage from any origin which are
determined to be less than Substantial Damage.
GG. Variance is a grant of relief from the
requirements of this Chapter which permits construction
in a manner otherwise prohibited by this Chapter where
specific enforcement would result in unnecessary
hardship.
HH. Village shall mean the Village of Key Biscayne.
II. Violation shall mean the failure of a Structure
or other Development to be fully compliant with the
provisions of this Chapter.
Sec. 6. General Provisions.
A. Lands To Which This Chapter Applies.
This Chapter shall apply to all areas of the
Village.
B. Basis For Establishing The Areas of Special Flood
Hazard.
The Areas of Special Flood Hazard identified by the
Federal Emergency Management Agency in its Flood
Insurance Study and Flood Insurance Rate Map, for
Dade County, Florida dated January 20, 1993, with
accompanying maps and other supporting data, and
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any revision thereto, are adopted by reference and
declared to be a part of this Chapter. All lands
within the Village are within an Area of Special
Flood Hazard.
C. Development Permits Required.
A Development Permit shall be required in
conformance with the provision of this Chapter
prior to the commencement of any Development
Activities.
D. Compliance.
No Development Activity shall occur without full
compliance with the terms of this Chapter and other
applicable regulations.
E. Abrogation and Greater Restrictions.
This Chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants, or
deed restrictions. However, where this Chapter and
another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
F. Interpretation.
In the interpretation and application of this
Chapter all provisions shall be: (1) considered as
minimum requirements; (2) liberally construed in
favor of the governing body, and; (3) deemed
neither to limit nor repeal any other powers
granted under state statutes.
G. Warning and Disclaimer of Liability.
The degree of Flood protection required by this
Chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering
consideration. Larger Floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes. This Chapter does not
imply that land outside the Areas of Special Flood
Hazard or uses permitted within such areas will be
free from Flooding or Flood damages. This Chapter
shall not create liability on the part of the
Village or by any officer or employee thereof for
any Flood damages that result from reliance on this
Chapter or any administrative decision lawfully
made hereunder.
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H. Penalties for Violation
Violation of the provisions of this Chapter or
failure to comply with any of its requirements,
including Violation of conditions and safeguards
established in connection with grants of a Variance
shall constitute a misdemeanor. Any person who
violates this Chapter or fails to comply with any
of its requirements shall, upon conviction thereof,
be fined not more than $500 or imprisoned for not
more than 60 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 Village from taking
such other lawful actions as are necessary to
prevent or remedy any Violation.
Sec. 7 Administration.
A. Designation of Local Administrator
The Village Manager or his designee is hereby
appointed to administer and implement the
provisions of this Chapter. Whenever the term
Village Manager is used in this Chapter, it is
intended to include any designee.
B. Permit Procedures for Building Construction.
Application for a Development Permit for
constructing or Substantially Improving a Structure
shall be made to the Village Manager on forms
furnished by the Village Manager's office prior to
any Development Activities, and may include, but
not be limited to, the following plans in duplicate
drawn to scale showing the nature, location,
dimensions, and elevations of the area in question,
existing or proposed Structures, earthen fill,
storage of materials or equipment, drainage
facilities, and the location of the foregoing.
Specifically, the following information is
required:
(1) Application Stage.
(a) Elevation in relation to Mean Sea Level
of the proposed Lowest Floor, or the
lowest surface of any heating or air
conditioning duct work installed below
the Lowest Floor, or the lowest
horizontal supporting member in a Coastal
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High Hazard Area (V -Zone), of all
proposed Buildings or Substantial
Improvements;
(b) Elevation in relation to Mean Sea Level
to which any proposed Building or
Substantial Improvement, not located in a
Coastal High Hazard Area (V -zone), will
be Flood -Proofed;
(c) Signed, sealed certificate, separate from
the submitted plans, from a registered
professional engineer or architect that
the Flood -Proofed Building will meet the
Flood -Proofing criteria in this Chapter;
(d) Signed, sealed certificate, separate from
the submitted plans, from a registered
professional engineer or architect that a
new or Substantially Improved Building
located in the Coastal High Hazard Area
(V -Zone) will meet the construction
standards contained in Sec. 8.C.;
(e) Description of the extent to which any
watercourse, swamp, marsh, lake, or pond
will be altered, relocated, or created as
result of proposed construction, and;
(f)
Description of the type, extent, and
depth of proposed fill and the elevation
in relation to Mean Sea Level of the top
surface of the fill, and;
(g) Description of the type, extent, and
depth of proposed excavation in relation
to Mean Sea Level.
(h) Plot plan, to scale, illustrating the
locations of all proposed construction,
fill, excavating, and other aspects of
the Development.
(
i
)
Copy of the proposed stormwater
management report and Floodplain study,
if any, complete with technical
supporting data.
(j) Grading and drainage plans.
(k) Upon request, stormwater management
plans.
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(2) Construction Stage. Floor elevation or Flood -
Proofing certifications.
(a) Upon placement of the Lowest Floor, or,
in the Coastal High Hazard Areas (V -
zones) upon placement of the horizontal
structural members of the Lowest Floor,
whichever is applicable, it shall be the
duty of the permit holder to submit to
the Village Manager a certification of
the elevation of the top of the Lowest
Floor, or the lowest surface of any
heating or air conditioning duct work
installed below the Lowest Floor, or the
elevation of the lowest portion of the
horizontal structural members of the
Lowest Floor, whichever is applicable, as
built, in relation to Mean Sea Level.
Said certification shall be made on a
FEMA Elevation Certificate form No.81-31,
or a form containing at least the same
information, and shall be prepared by or
under the direct supervision of a
registered land surveyor or professional
engineer.
(b) When Flood -Proofing is utilized for a
Building, the permit holder shall submit
to the Village Manager a Flood -Proofing
certification at the time the exterior
walls are completed to the required
Flood -Proofed elevation. Said
certification shall be prepared by or
under the direct supervision of a
professional engineer or architect and
certified by same, utilizing the FEMA
Floodproofing Certificate form No.81-65,
or the equivalent.
(c) Any additional work undertaken prior to
submission and approval of the
certification shall be at the permit
holder's risk.
(d) The Village Manager shall review the
floor elevation survey data or Flood -
Proofing certification submitted.
Deficiencies detected by such review
shall be corrected by the permit holder
immediately and prior to further
progressive work being permitted to
proceed.
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(e) Failure to submit the elevation or Flood -
Proofing certifications or failure to
make said corrections required hereby,
shall be cause to issue a stop -work order
for the project.
(f)
Prior to issuance of a certificate of
occupancy for New Construction or
Substantial Improvement in the Coastal
High Hazard Area (V -Zones), the permit
holder shall submit a signed, sealed
certificate, separate from the submitted
plans, from a registered professional
engineer or architect certifying that the
Building has been constructed in
compliance with the standards contained
in Sec. 8.C. A certificate of occupancy
will not be issued until this
certification has been received and
accepted by the Village Manager.
C. Duties and Responsibilities of the Local
Administrator
Duties of the Village Manager, as the local
administrator of this Chapter, shall include, but
not be limited to:
(1) Review all applications for Development
Permits to assure that the permit requirements
of this Chapter have been satisfied;
(2) Advise permittees that additional federal or
state permits may be required, and if specific
federal or state permit requirements are
known, require that copies of such permits be
provided 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 of all new or Substantially Improved
Buildings, in accordance with Sec. 8.B(1).
(4) Verify and record the actual elevation (in
relation to Mean Sea Level) to which the new
or Substantially Improved Buildings have been
elevated or Flood -Proofed, in accordance with
Sec. 8.B(2).
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(5)
In Coastal High Hazard Areas, requiring
permittees to provide certification from a
registered professional engineer or architect
that the Building is designed and securely
anchored to adequately anchored pilings or
columns in order to withstand velocity waters
and hurricane wave wash, in compliance with
Sec. 8.C(2)(3)(4).
(6) In Coastal High Hazard Areas, the Village
Manager shall review plans for adequacy of
Breakaway Walls in accordance with Sec.
8.C(8), (9) and (10).
(7)
When Flood -Proofing is utilized for a
particular Building, the Village Manager shall
obtain certification from a registered
professional engineer or architect, in
accordance with this Chapter.
(8) The office of the Village Manager shall serve
as the official map repository for FEMA Flood
Insurance Rate Maps, Flood Boundary and
Floodway Maps (if applicable), and Flood
Hazard Boundary Maps for the community,
together with Letters of Map Amendment (LOMAs)
and Letters of Map Revision (LOMRs). At least
one copy of all current and superseded maps,
LOMAs and LOMRs shall be maintained for public
use and viewing.
(9)
All records pertaining to the provisions of
this Chapter shall be maintained in the office
of the Village Manager and shall be open for
public inspection. Copies of all Development
Permits and summary supporting documentation
shall be filed by geographic area for ease of
coordinating all Floodplain Development
Activities.
Sec. 8 Provisions for Flood Hazard Reduction.
A. General Standards.
In all Areas of Special Flood Hazard the following
provisions are required:
(1) New Construction and Substantial Improvements
shall be anchored to prevent flotation,
collapse or lateral movement of the Structure;
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(2) Manufactured Homes shall be anchored to
prevent flotation, collapse, or lateral
movement. Methods of anchoring may include,
but are not limited to, use of over -the -top or
frame ties to ground anchors. This standard
shall be in addition to and consistent with
applicable state requirements for resisting
wind forces.
New Construction and Substantial Improvements
shall be constructed with materials and
utility equipment resistant to Flood damage;
New Construction or Substantial Improvements
shall be constructed by methods and practices
that minimize Flood damage;
Electrical, heating, ventilation, plumbing,
air conditioning equipment, including duct
work, and other service facilities shall be
designed and/or located so as to prevent water
from entering or accumulating within the
components during conditions of Flooding.
New and replacement water supply systems shall
be designed to minimize or eliminate
infiltration of Flood waters into the system;
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;
(8) On -site waste disposal systems shall be
located and constructed to avoid impairment to
them or contamination from them during
Flooding;
(9)
Any alteration, repair, reconstruction or
improvement to a Building which is in
compliance with the provisions of this
Chapter, shall meet the requirements of New
Construction as contained in this Chapter.
(10) Adequate drainage paths shall be provided
around Structures to guide stormwater runoff
away from them;
(11) Any improvements made to new or Substantially
Improved Buildings for which permits were
issued on or after December 31, 1974 shall
18
conform to the requirements for New
Construction under this Chapter.
(12) Functionally Dependent Structures and any
improvements to Historic Buildings may be
exempted from one or all of the standards
contained in this Chapter, provided the
request for an exemption is approved as a
Variance, as provided in this Chapter, and
with regard to Historic Buildings the proposed
improvements are certified by a certified
local government or the State Historic
Preservation Officer as maintaining the
historical integrity and classification of the
Building.
B. Specific Standards for A -zone Flood Hazard Areas.
In all Areas of Special Flood Hazard, areas denoted with
an "A" prefix on the FIRM where Base Flood Elevation data
have been provided, as set forth in Sec. 6.B, the
following provisions are required, in addition to the
general standards of Sec. 8.A.
(1) Residential Construction. New Construction or
Substantial Improvement of any Residential
Building (or Manufactured Home) shall have the
Lowest Floor, together with all mechanical and
electrical equipment, including duct work, and
including any basement, elevated no lower than
the Base Flood Elevation . Should solid
foundation perimeter walls be used to elevate
a Structure, openings sufficient to facilitate
the unimpeded movements of Flood waters shall
be provided in accordance with standards of
Sec. 8.B(3). The floor of an attached garage
may be placed below the Base Flood Elevation,
provided the openings required in Sec. 8.B(3)
are installed and all mechanical and
electrical equipment, including laundry
facilities and food freezers, are elevated
above the Base Flood Elevation.
(2) Non -Residential Construction. New
Construction or Substantial Improvement of any
commercial, industrial, or non-residential
Building shall have the Lowest Floor, together
with all mechanical and electrical equipment,
including duct work, and including any
Basement, elevated no lower than the Base
Flood Elevation. The floor of an attached
garage or loading dock may be placed below the
19
Base Flood Elevation, provided the openings
required in Sec. 8.B(3) are installed and all
mechanical and electrical equipment are
elevated above the Base Flood Elevation.
Buildings may be Flood -Proofed to an elevation
one foot above the required Base Flood
Elevation noted above, in lieu of being
elevated, provided that all areas of the
Building below the required elevation are
water tight with walls substantially
impermeable to the passage of water, and use
structural components having the capability of
resisting hydrostatic and hydrodynamic loads
and the effect 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 Sec.
7.C(4).
(3) Elevated Buildings. New Construction or
Substantial Improvements of Elevated Buildings
that include fully enclosed areas formed by
foundation and other exterior walls below the
Base Flood Elevation shall be designed to
preclude finished living space and shall be
designed to allow for the entry and exit of
floodwaters to automatically equalize
hydrostatic Flood forces on exterior walls.
(a)
Designs for complying with this
requirement must either be certified by a
professional engineer or architect or
meet the following minimum criteria:
(1)
Provide a minimum of two
openings (in walls or doors)
having a total net area of not
less than one square inch for
every square foot of enclosed
area subject to Flooding;
The bottom of all openings
shall be no higher than one
foot above grade; and,
Openings may be equipped with
screens, louvers, valves or
other coverings or devices
provided they permit the
automatic flow of floodwaters
in both direction.
20
(b) Access to the enclosed area shall be the
minimum necessary to allow for parking of
vehicles (garage door) or limited storage
of maintenance equipment used in
connection with the premises (standard
exterior door) or entry to the living
area (stairway or elevator); and
(c) The interior portion of such enclosed
area shall not be partitioned or finished
into separate rooms.
(d) Use of such enclosed areas shall be
limited to parking, storage, and Building
access.
(4) Manufactured Homes and Recreational Vehicles.
(a) All Manufactured Homes placed within the
Village must meet all the requirements
for New Residential Construction
contained in this Chapter, including
installation on permanent foundation
systems, elevation, and anchoring. At
minimum, a permanent foundation system
shall constitute reinforced piers placed
on poured footings, or other foundation
elements of equivalent strength. Any
additions to Manufactured Homes subject
to provisions of this subsection shall
also be considered New Construction and
must therefore comply with the
requirements of this Chapter, including
elevation requirements.
(b) All Recreational Vehicles placed on sites
must either:
Be fully licensed and ready for
highway use, or
The Recreational Vehicle must meet
all the requirements for New
Construction, including anchoring
and elevation requirements of this
Chapter.
A Recreational Vehicle is ready for highway
use if it is on its wheels or jacking system,
is attached to the site only by quick
disconnect type utilities and security devices
and has no permanently attached Structures.
21
(5)
Accessory Structures. Accessory Structures
may be exempted from the elevation requirement
of Sec. 8.B, provided the following criteria
are met:
(a) The Structure is not used for human
habitation, including occupancy as a
workplace for extended periods of time;
(b) The Structure is designed and constructed
so as to have a low potential for damage
during a Flood (eg. using flood resistant
materials as provided in FEMA Technical
Bulletin #88-2, and any subsequent
revisions thereto);
(c) The Structure shall be located so as to
offer the minimum resistance to the flow
of floodwaters (eg. parallel to a stream,
perpendicular to the ocean);
(d) The Structure is firmly anchored to
prevent flotation, per Sec. 8.A(1);
(e) All electrical service, heating/cooling
equipment, and other mechanical or
electrical equipment is either elevated
above the Base Flood Elevation, or is
Floodproofed. One ground -fault interrupt
circuit may be installed below the Base
Flood Elevation, and all construction
below that elevation shall be of flood -
resistant materials.
(6) Temporary Structures. Certain types of
structures (eg. fruit stands, construction
site offices) may be sited temporarily on
property without having to comply with the
General Standards of Sec. 8.A, or the
elevation standard of Sec. 8.B, provided the
following criteria are met:
(a) The Structure is mobile, or can be made
so, and is capable of being removed from
the site with a minimum of thirty-six
(36) hours warning.
(b) The Structure does not have an approval
to remain on the property for more than
180 days.
22
(c) The applicant submits a plan for the
removal of the Structure, containing the
following documentation:
(i) The name, address, phone number and
emergency contact point of the
individual responsible for the
removal of the Structure.
(ii) The time at which the Structure will
be removed (ie. a minimum of 72
hours in advance of the projected
landfall of a hurricane).
(iii) A copy of a contract or other
suitable instrument with a trucking
company to ensure the availability
of removal of the Structure when
needed, together with the name,
address, and emergency phone number
of the responsible trucking company
agent.
(iv) Designation, accompanied by
documentation (eg. signed consent of
the property owner), of a site
outside the Village to which the
Structure will be moved.
(v) Signatures of the applicant,
property owner on which the
Structure will be placed, and owner
of the Structure, agreeing to abide
by the terms of the removal plan.
A temporary development permit shall be issued
when a temporary Structure is approved, and
the expiration date shall be clearly marked on
the face of the permit. The original copy of
the removal plan shall be attached to the
permit, and the documentation shall be kept on
file in the Village Manager's office. A
copy of the permit, together with the removal
plan, shall be provided by the owner to the
local emergency management coordinator.
C. Standards for Coastal High Hazard Areas (V Zones).
Located within the Areas of Special Flood Hazard
are areas designated as Coastal High Hazard Areas,
which are denoted with a "V" prefix on the FIRM.
These areas, called "velocity zones", have special
Flood hazards associated with wave action,
therefore, the following provisions shall apply:
23
(3)
(1) Building location. All Building shall be
located in conformance with the requirements
of the State of Florida Coastal Zone
Protection Act of 1985.
(2) Elevated Buildings. All Buildings shall be
elevated so that the bottom of the lowest
supporting horizontal member (excluding
pilings or columns), together with all
mechanical and electrical equipment, including
duct work, is located no lower than the Base
Flood Elevation, with all space below the
lowest supporting member open so as not to
impede the flow of water. Open lattice work
or decorative screening may be permitted for
aesthetic purposes only and must be designed
to wash away in the event of abnormal wave
action and in accordance with Sec. 8.C(8);
Piling or column foundations. All Buildings
or Structures shall be securely anchored on
pilings or columns extending vertically below
grade a sufficient depth below the zone of
potential scour and securely anchored to
subsoil strata;
(4) Anchoring and connection requirements. All
pile and column foundations and Structures
attached thereto shall be anchored to resist
flotation, collapse, and lateral movement due
to the effect of wind and water loads acting
simultaneously on all Building components.
Proper structural anchoring shall include a
complete system of adequately -sized,
galvanized metal connectors securely fastening
the various structural subsystems of the
Building together, from the roofing and ridge
down to the pilings, to resist wind damage.
Water loading values shall equal or exceed the
Base Flood. Wind loading values shall be in
accordance with the South Florida Building
Code, and any subsequent revisions thereto.
(5) Certification of design. At time of
application for a permit, a registered
professional engineer or architect shall
certify that the design, specifications and
plans for construction are in compliance with
the provisions contained in Sec. 8.C(2), (3)
and (4) of this Chapter, and shall cite the
parameters and variables used in developing
the design, including wind loading values,
24
water loading values, depth of potential scour
zone, and subsoil strata characteristics.
(6) Ban on use of structural fill. There shall be
no fill used as structural support. Limited
non -compacted fill may be used around the
perimeter of a Building for landscaping/
aesthetic purposes provided the fill will wash
out from storm surge, (thereby rendering the
Building free of obstruction) prior to
generating excessive loading forces, ramping
effects, or wave deflection. The Village
Manager shall approve design plans for
landscaping/aesthetic fill only after the
applicant has provided an analysis by an
engineer, architect, and/or soil scientist,
which demonstrates that the following factors
have been fully considered:
(a) Particle composition of fill material
does not have a tendency for excessive
natural compaction;
(b) Volume and distribution of fill will not
cause wave defection to adjacent
properties; and
(c) Slope of fill will not cause wave run-up
or ramping.
(7)
Protection of Sand Dunes and Mangrove Stands.
There shall be no alteration of Sand Dunes or
Mangrove Stands which would increase potential
Flood damage.
(8) Enclosures below Base Flood Elevation.
Lattice work or decorative screening shall be
allowed below the Base Flood Elevation
provided they are not part of the structural
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. Solid, non -supporting, Breakaway
Walls may also be used, but only for purposes
of enclosing and securing access to upper
floors (foyer for staircase or elevator) and
for secured storage and vehicle parking. The
solid Breakaway Walls shall have a safe design
loading resistance of not less than ten (10)
and not more than twenty (20) pounds per
square foot.
25
(9)
Use of enclosed areas. If aesthetic lattice
work or screening is utilized, such enclosed
space shall not be designed to be used for
human habitation, but shall be designed to be
used only for parking of vehicles, Building
access, or limited storage of maintenance
equipment used in connection with the
premises. Areas enclosed by solid, Breakaway
Walls shall be used for Building access
parking and secured storage only.
(10) Plans for enclosures. Prior to construction,
plans for any Buildings that will have lattice
work or decorative screening, or solid,
Breakaway Walls must be submitted to the
Village Manager for approval, and must comply
with the standard noted in Sec. 8.C(8).
Certification by a registered architect or
engineer is required for any Breakaway Wall
designs which do not comply with said
standard. Such designs must be certified to
collapse as a result of a water loads less
than that which would occur during the Base
Flood, and to not result in the displacement,
collapse, or other structural damage to the
rest of the Building and foundation system or
to adjoining Structures. Water and wind
loading values shall be those set forth in
Sec. 8.C(4) above.
(11) Restriction on future enclosures. Any
alteration, repair, reconstruction or
improvement to a Structure shall not enclose
the space below the Lowest Floor except as
provided for in Sec. 8.C(8)(9).
(12) Manufactured Homes. No Manufactured Homes or
Recreational Vehicles may be placed in Coastal
High Hazard Areas.
(13) Certification of completed construction. Upon
completion of the Structure or Substantial
Improvement, a registered professional
engineer or architect shall certify that the
building was constructed are in compliance
with the provisions contained in Sec. 8.0 of
this Chapter, including the approved,
certified design specifications provided per
Sec. 8.C(5).
26
(14) Accessory Structures. Accessory Structures
shall be allowed per Sec. 8.B(5), subject to
the following criteria:
(a) the Structure is located so as not to
cause collapse, displacement, or other
structural damage to adjacent primary
Structures during a Base Flood event;
(b) the Structure is designed to not provide
resistance to the combined effects of
wave action and wind during a Base Flood
event, and to break down into small
enough pieces so that the resultant
debris does not create a serious danger
to adjacent primary Structures (the safe
design loading of the walls shall be not
less than 10 and no more than 20 lbs per
square foot); and
(c) the design of the Building is certified
by a registered professional engineer or
architect to comply with said standards.
(15) Temporary structures. Temporary structures
shall be permitted per Sec. 8.B(6).
Sec. 9 Standards for Subdivision Proposals.
A. All subdivision proposals shall be consistent
with the need to minimize Flood damage;
B. All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and
constructed to minimize Flood damage;
C. All subdivision proposals shall have adequate
drainage provided to reduce exposure to Flood
hazards, and;
D. Base Flood Elevation and Flood hazard area
mapping shall be provided in accordance with
this Chapter for subdivision proposals and
other proposed development which is greater
than the lesser of fifty lots or five acres.
D. The Base Flood boundary, floodway and/or V -
zone boundary if applicable, and the
applicable Base Flood Elevation for the
Building site on each lot shall be clearly
marked on all recorded subdivision plats, be
27
they for residential, commercial, or
industrial use.
Sec. 10 Variances.
A. The Village Council shall hear and decide
requests for Variances from the requirements
of this Chapter.
B. Any person aggrieved by the decision of the
Village Council may appeal such decision to
the Circuit Court, as provided in the Florida
Rules of Appellate Procedure.
C. Variances may be issued for the repair or
rehabilitation of Historic Structures upon a
determination that the proposed repair or
rehabilitation will not preclude the
Structure's continue designation as a Historic
Structure and the variance is the minimum to
preserve the historic character and design of
the Structure.
D. In passing upon such requests, the Village
Council shall consider all technical
evaluations, all relevant factors, all
standards specified in other sections of this
Chapter, and:
(1) the danger that materials may be swept
onto other lands to the injury of others;
(2) the danger to life and property due to
Flooding or erosion damage;
(3) the susceptibility of the proposed
facility and its contents to Flood damage
and the effect of such damage on the
individual owner;
(4) the importance of the services provided
by the proposed facility to the
community;
(5) the necessity of the facility to a
waterfront location, in the case of a
functionally dependent facility;
(6) the availability of alternative
locations, not subject to Flooding or
erosion damage, for the proposed use;
28
(7) the compatibility of the proposed use
with existing and anticipated
Development;
(8) the relationship of the proposed use to
the comprehensive plan and floodplain
management program for that area;
(9) the safety of access to the property in
times of Flood for ordinary and emergency
vehicles;
(10) 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;
(11) 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.
E. Upon consideration of the factors listed
above, and the purposes of this Chapter, the
Village Council may attach such conditions to
the granting of variances as it deems
necessary to further the purposes of this
Chapter.
F. Conditions for Variances:
(1) Variances shall only be issued upon a
determination that the Variance is the
minimum necessary, considering the Flood
hazard, to afford relief; and in the
instance of a Historical Building, a
determination that the Variance is the
minimum necessary so as not to destroy
the historic character and design of the
Building;
(2) 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, and; (iii) a
determination that the granting of a
variance will not result in increased
Flood heights, additional threats to
29
public safety, extraordinary public
expense, create nuisance, cause fraud on
or victimization of the public, or
conflict with existing local laws or
Chapters.
(3)
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 Building is to be built and
stating that the cost of flood insurance
will be commensurate with the increased
risk resulting from the reduced Lowest
Floor elevation.
(4) The Village Manager shall maintain the
records of all Variances and report any
variances to the Federal Emergency
Management Agency upon request.
Sec. 11. Administrative Appeals.
A. The Village Council shall hear and decide
appeals when it is alleged there is an error
in any requirement, decision or determination
made by the Village Manager in the
administration of this Chapter.
B. Any person aggrieved by the decision of the
Village Council may appeal such decision to
the Circuit Court, as provided in the Florida
Rules of Appellate Procedure.
C. The Village Manager shall maintain the records
of all appeal actions under this section.
Section 2. Repeal of Conflicting Provisions. All
provisions of the Code of Metropolitan Dade County as made
applicable to the Village by Article VIII, Section 8.03 of the
Village Charter which are in conflict with this Chapter are hereby
repealed.
Section 3. Severability. The provisions of this Chapter
are declared to be severable and if any section, sentence, clause
30
or phrase of this Chapter shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Chapter but they shall remain in effect, it being the
legislative intent that this Chapter shall stand notwithstanding
the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of
the Council Members and it is hereby ordained that the provisions
of this Chapter shall become and be made a part of the Village of
Key Biscayne Code; that the sections of this Chapter may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. This Chapter shall become
effective on January 20, 1993.
PASSED AND ADOPTED on first reading this 22nd day of December,
1992.
PASSED AND ADOPTED on second reading this 5th day of January,
1993.
Attest:
qc2,7
Village k
APPROVED AS T ORM AND LEGAL SUFFICIENCY:
Villag Attor y
Rafael H. Conte, Mayor
31
iie :~Herala
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority
personally appeared:
ANN MARTULA
who on oath says that he/she is:
CUSTODIAN OF RECORDS
of The Miami Herald, a daily news-
paper published at Miami in Dade
County, Florida; that the attached
copy of advertisement was published
in said newspaper in the issues of:
DECEMBER 15, 1992
Affiant further says that the said
The Miami Herald is a newspaper
published at Miami, in the said
Dade County, Florida and that the
said newspaper has heretofore been
continuously published in said Dade
County, Florida each day and has
been entered as second class mail
matter at the post office in Miami,
in said Dade, County Florida, for a
period of one year next preceding
the first publication of the at-
tached copy of advertisement; and
affiant further says that he has
neither paid nor promised any per-
son, firm or corporation any dis-
count, rebate, commission or refund
for the purpose of securing this
advertisement for publication in
the said newspaper(s).
Sworn to and subscribed before me
this 5th day of Jan„ary A.D.19q3
My Commission
expires: /
Vii a of Ke
otice, of Zonfri
0
nge
The VILLAGE: OF KEY BISCAYNF proposes the following ac-
tions within the area shown on the map in the advertisement:
1. ADOPTION OF AN ORDINANCE ESTABLISHING FLOOD
DAMAGE PREVENTION REGULATIONS IN ACCORDANCE
WITH THE REQUIREMENTS OF THE NATIONAL FLOOD IN-
SURANCE PROGRAM.
2. ADOPTION OF AN ORDINANCE AMENDING THE
VILLAGE ZONING REGULATIONS TO ELIMINATE
ADMINISTRATIVE VARIANCES,
A PUBLIC HEARING ON THESE ORDINANCES WILL BE
HELD ON TUESDAY, DECEMBER 22,1992 AT 7:00 P.M., AT
THE COUNCIL CHAMBER, AT 85 WEST MCINTYRE
STREET, SECOND FLOOR, KEY E!SCAYNE, FLORIDA
33149.
Copies of the proposed ordinances may be obtained at the Key
Biscayne Village Offices, Office of the Clerk, 85 West McIntyre
Street, Key Biscayne, Florida 33149.
Should any person desire to appeal any decision of the Village Council with respect to any matter to
be considered at this meeting, that person shall insure that a verbatim record of the proceedings is
made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105).
Guido H. Inguanzo, Jr.
Village Clerk