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Home My WebLink AboutAgenda Council Agenda 092517CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 25, 2017 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. 2017 RESIDENT OPINION SURVEY - PRESENTATION BY JOSEPH ST. GERMAIN, PH.D., PRESIDENT OF DOWNS & ST. GERMAIN RESEARCH. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. CITY MANAGER REPORT: VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM SEPTEMBER 7, 2017 CITY COUNCIL MEETING b. RESOLUTION 63, 2017 – DOWNTOWN AT THE GARDENS REQUESTING APPROVAL TO ALLOW ADDITIONAL SPECIAL EVENTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING ADDITIONAL SPECIAL EVENTS FOR DOWNTOWN AT THE GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PROCLAMATION – FIRE PREVENTION WEEK. d. PROCLAMATION – NATIONAL NIGHT OUT. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. RESOLUTION 58, 2017 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 19, 2017 – (2ND READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. ORDINANCE 15, 2017 – (2nd READING AND ADOPTION) REMOVAL OF FLOODPLAIN MANAGEMENT REGULATIONS FROM CHAPTER 78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. BY REPEALING ARTICLE II. STANDARDS. AND ADOPTING A NEW ARTICLE III. ENTITLED FLOODPLAIN MANAGEMENT. ADOPTING STATE OF FLORIDA FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. ORDINANCE 18, 2017 – (2nd READING AND ADOPTION) – ADDING THE FLOODPLAIN MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS. BY REPEALING IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS. IN ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE DUPLICATIVE SECTIONS; RESERVING DIVISION 10. AND SECTIONS 78- 531-78-540. FOR FUTURE LEGISLATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.  PURSUANT TO CHAPTER 166.041 (3) (B), F.S., ORDINANCE 15, 2017 AND ORDINANCE 18, 2017 ARE DEEMED EMERGENCY ORDINANCES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested parties will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 09-13-17 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 September 7, 2017 4 5 The regular meeting was called to order at 7:00 p.m. by Mayor Marino. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Marino, Vice Mayor Marciano, Councilmember Woods, Councilmember 9 Lane, Councilmember Litt. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 Mayor Marino requested under consent agenda add Item K. Resolution 66, 2017 executing an 13 Interlocal Agreement with Northern Palm Beach County Improvement District relating to the 14 collection, removal and proper disposal of storm-related debris. 15 Councilmember Lane made a motion to add Item K to the consent agenda. 16 Councilmember Litt seconded. 17 Motion passed 5-0. 18 IV. ANNOUNCEMENTS AND PRESENTATIONS 19 None. 20 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21 Mayor Marino requested Items of Resident Interest and Board/Committee Reports be postponed 22 to the September 25, 2017 City Council meeting due to the impending Hurricane. Mayor Marino 23 received consensus from the Council. 24 VI. COMMENTS FROM THE PUBLIC 25 None. 26 VII. CITY MANAGER REPORT 27 Provided an update on the City’s preparation and closures for Hurricane Irma. 28 VIII. CONSENT AGENDA 29 a. APPROVE MINUTES FROM AUGUST 3, 2017 CITY COUNCIL MEETING. 30 b. APPROVE MINUTES FROM AUGUST 24, 2017 CITY COUNCIL WORKSHOP. 31 c. RESOLUTION 59, 2017 -- COLLECTIVE BARGAINING AGREEMENT. A 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 33 FLORIDA, APPROVING AND RATIFYING THE COLLECTIVE BARGAINING 34 AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION 35 (SEIU)/FLORIDA PUBLIC SERVICES UNION (FPSU) FOR FISCAL YEARS 2017-2018, 36 2018-2019, AND 2019-2020; AUTHORIZING THE MAYOR AND CITY MANAGER TO 37 EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 38 PURPOSES. 39 d. RESOLUTION 61, 2017 – ST. IGNATIUS CHURCH PLAT. A RESOLUTION OF THE 40 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING 41 THE PLAT FOR THE CATHEDRAL OF ST. IGNATIUS LOYOLA; PROVIDING AN 42 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43 e. PURCHASE AWARD - MICROSOFT ENTERPRISE LICENSE AGREEMENT 44 RENEWAL. 45 f. PURCHASE AWARD – LANDSCAPING FOR NEW GOLF CLUBHOUSE. 46 g. PROCLAMATION – A DAY TO REMEMBER. 47 h. PROCLAMATION – WORLD ALZHEIMER’S AWARENESS DAY. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 09-13-17 i. PROCLAMATION – PROSTATE CANCER AWARENESS MONTH. 1 j. PROCLAMATION – CHILDHOOD CANCER AWARENESS MONTH. 2 k. RESOLUTION 66, 2017 – INTERLOCAL AGREEMENT FOR STORM DEBRIS. A 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 4 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT 5 WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT RELATING TO 6 COLLECTION, REMOVAL, AND PROPER DISPOSAL OF STORM-RELATED DEBRIS; 7 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 Councilmember Lane made a motion for approval of the Consent Agenda. 9 Councilmember Litt seconded. 10 Motion passed 5-0. 11 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 12 Those preparing to give testimony were sworn in. 13 The City Clerk read Resolution Ordinance 19, 2017 by title. 14 a. ORDINANCE 19, 2017 – (1ST READING) ADOPTING THE BUDGET FOR FISCAL 15 YEAR 2018 (1st READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 16 PALM BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF 17 PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, 18 AND ENDING SEPTEMBER 30, 2018; PROVIDING A CONFLICTS CLAUSE AND A 19 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 20 PURPOSES. 21 Mayor Marino opened the Public Hearing. 22 Petitioner: None. 23 Staff presentation: Finance Administrator, Allan Owens. 24 Public comment: None. 25 Mayor Marino closed the Public Hearing. 26 Mayor Marino brought item back for discussion. – Discussion ensued. 27 Councilmember Woods made a motion that the “City of Palm Beach Gardens adopt a proposed 28 millage rate of 5.6678 mills, which includes a debt millage rate of .1178 and an operating rate of 29 5.55 mills, which is greater than the rolled back rate of 5.2671 by 5.37%.” 30 Councilmember Litt seconded. 31 Motion passed 5-0. 32 Councilmember Woods made a motion to approve Ordinance 19, 2017 on first reading, 33 adopting a budget for fiscal year 2017/2018 and setting the second and final reading for 34 September 25, 2017 at 7:00 PM in the Council Chambers. 35 Councilmember Litt seconded. 36 Motion passed 5-0. 37 The City Clerk read Ordinance 22, 2017 by title. 38 b. ORDINANCE 22, 2017 – (1ST READING) BAN OF MEDICAL MARIJUANA 39 TREATMENT FACILITIES AND DISPENSARIES. AN ORDINANCE OF THE CITY 40 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING 41 CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. TABLE 21: PERMITTED, 42 CONDITIONAL, AND PROHIBITED USE CHART, AND ADOPTING NEW NOTE (j)(73) 43 TO TABLE 21 IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT CENTERS 44 AND MEDICAL MARIJUANA TREATMENT CENTER – DISPENSING FACILITIES TO 45 THE LIST OF PROHIBITED USES IN ALL ZONING DISTRICTS; FURTHER AMENDING 46 CHAPTER 78 AT SECTION 78-751. DEFINITIONS. BY ADDING THE NEW 47 DEFINITIONS “MARIJUANA”, “MEDICAL MARIJUANA TREATMENT CENTER 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 09-13-17 AND/OR MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITY”; 1 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 2 CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT 3 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 4 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 5 FOR OTHER PURPOSES. 6 Mayor Marino opened the Public Hearing. 7 Petitioner: None. 8 Staff presentation: None. 9 Public comment: None. 10 Mayor Marino closed the Public Hearing. 11 Mayor Marino requested Councilmembers postpone discussion to second reading of the 12 Ordinance on September 25, 2017 due to the impending Hurricane. 13 Councilmember Woods made a motion to approve Ordinance 22, 2017 on first reading. 14 Councilmember Lane seconded. 15 Motion passed 5-0. 16 The City Clerk read Ordinance 23, 2017 by title. 17 c. ORDINANCE 23, 2017 – (1ST READING) MORATORIUM ON MICRO WIRELESS 18 FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE OF THE CITY COUNCIL OF 19 THE CITY OF PALM BEACH GARDENS, FLORIDA, ESTABLISHING AND IMPOSING A 20 TEMPORARY MORATORIUM WITHIN THE CITY OF PALM BEACH GARDENS ON 21 THE SUBMITTAL AND PROCESSING OF APPLICATIONS AND ISSUANCE OF ANY 22 PERMITS PERTAINING TO COLLOCATION ON EXISTING OR THE CREATION OF 23 NEW UTILITY POLES IN THE RIGHTS-OF-WAY TO SUPPORT SMALL WIRELESS 24 FACILITIES OR MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017, IN 25 ORDER TO ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS CONSISTENT 26 WITH CHAPTER 2017-136, LAWS OF FLORIDA THAT BECAME EFFECTIVE JULY 1, 27 2017; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 28 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 29 PURPOSES. 30 Mayor Marino opened the Public Hearing. 31 Petitioner: None. 32 Staff presentation: None. 33 Public comment: None. 34 Mayor Marino closed the Public Hearing. 35 Mayor Marino brought item back for discussion. – Discussion ensued. 36 Councilmember Lane made a motion to approve Ordinance 23, 2017 on first reading. 37 Councilmember Woods seconded. 38 Motion passed 5-0. 39 The City Clerk read Resolution 55, 2017 by title. 40 d. *RESOLUTION 55, 2017 – ART IN PUBLIC PLACES FOR LA POSADA SENIOR 41 LIVING FACILITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 42 BEACH GARDENS, FLORIDA, APPROVING ART IN PUBLIC PLACES FOR THE LA 43 POSADA SENIOR LIVING FACILITY WITHIN THE REGIONAL CENTER PLANNED 44 COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED 45 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 46 DATE; AND FOR OTHER PURPOSES. 47 Mayor Marino opened the Public Hearing. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 09-13-17 Mayor Marino asked for any ex-parte. 1 None. 2 Petitioner: Dodi Glas, Gentile Glas Holloway O'Mahoney & Associates, Inc. 3 Staff presentation: None. 4 Public comment: None. 5 Mayor Marino closed the Public Hearing. 6 Mayor Marino brought item back for discussion. – No discussion. 7 Councilmember Lane made a motion to approve Resolution 55, 2017. 8 Vice Mayor Marciano seconded. 9 Motion passed 5-0. 10 The City Clerk read Resolution 60, 2017 by title. 11 e. *RESOLUTION 60, 2017 – APPROVAL OF FPL WATTS SUBSTATION. A 12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 13 FLORIDA, APPROVING THE SITE PLAN FOR A FLORIDA POWER AND LIGHT 14 ELECTRICAL SUBSTATION ON THE 5.0-ACRE UTILITY PARCEL LOCATED IN THE 15 NORTHEAST CORNER OF THE 681-ACRE ALTON PLANNED COMMUNITY 16 DEVELOPMENT (PCD), GENERALLY LOCATED SOUTH OF DONALD ROSS ROAD, 17 NORTH OF HOOD ROAD, EAST OF INTERSTATE 95, AND WEST OF CENTRAL 18 BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 19 CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE 20 DATE; AND FOR OTHER PURPOSES. 21 Mayor Marino opened the Public Hearing. 22 Mayor Marino asked for any ex-parte. 23 Councilmember Lane spoke with Don Kiselewski Jr; Vice Mayor Marciano spoke with Don 24 Kiselewski Jr and Peter Brock 25 Petitioner: Robert Beaulieu, Florida Power and Light. 26 Staff presentation: None. 27 Public comment: None. 28 Mayor Marino closed the Public Hearing. 29 Mayor Marino brought item back for discussion. – Discussion ensued. 30 Councilmember Lane made a motion to approve Resolution 60, 2017. 31 Councilmember Litt seconded. 32 Motion passed 5-0. 33 The City Clerk read Ordinance 15, 2017 by title. 34 f. ORDINANCE 15, 2017 – (1ST READING) REMOVAL OF FLOODPLAIN 35 MANAGEMENT REGULATIONS FROM CHAPTER 78. AN ORDINANCE OF THE CITY 36 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING 37 CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. BY REPEALING ARTICLE 38 II. STANDARDS. AND ADOPTING A NEW ARTICLE III. ENTITLED FLOODPLAIN 39 MANAGEMENT. ADOPTING STATE OF FLORIDA FLOODPLAIN MANAGEMENT 40 ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND 41 SUBSECTION OF CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. SHALL 42 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A 43 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 44 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 45 Mayor Marino opened the Public Hearing. 46 Petitioner: None. 47 Staff presentation: Planning Manager, Peter Hofheinz. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 09-13-17 Public comment: None. 1 Mayor Marino closed the Public Hearing. 2 Mayor Marino brought item back for discussion. – No discussion 3 Councilmember Lane made a motion to approve Ordinance 15, 2017 on first reading. 4 Councilmember Litt seconded. 5 Motion passed 5-0. 6 The City Clerk read Ordinance 18, 2017 by title. 7 g. ORDINANCE 18, 2017 – (1ST READING) – ADDING THE FLOODPLAIN 8 MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF THE CITY 9 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING 10 CHAPTER 78. LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS. BY 11 REPEALING IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS. IN 12 ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE 13 DUPLICATIVE SECTIONS; RESERVING DIVISION 10. AND SECTIONS 78-531-78-540. 14 FOR FUTURE LEGISLATION; PROVIDING THAT EACH AND EVERY OTHER SECTION 15 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN 16 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS 17 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 18 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 Mayor Marino opened the Public Hearing. 20 Petitioner: None. 21 Staff presentation: Ordinance 15, 2017 and Ordinance 18, 2017 were combined into one 22 presentation. 23 Public comment: None. 24 Mayor Marino closed the Public Hearing. 25 Mayor Marino brought item back for discussion. – No discussion 26 Councilmember Lane made a motion to approve Ordinance 18, 2017 on first reading. 27 Councilmember Litt seconded. 28 Motion passed 5-0. 29 The City Clerk read Ordinance 17, 2017 by title. 30 h. ORDINANCE 17, 2017 – (2nd READING AND ADOPTION) OPERATION OF MOBILE 31 FOOD TRUCKS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 32 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT BY 33 ADOPTING NEW SECTION 78-196. TO BE ENTITLED "OPERATION AND SALE OF 34 FOOD FROM MOBILE FOOD TRUCKS." IN ORDER TO ADOPT REGULATIONS 35 RELATING TO MOBILE FOOD TRUCKS; FURTHER AMENDING CHAPTER 78. AT 36 SECTION 78-751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "MOBILE 37 FOOD TRUCK” AND “MOBILE FOOD VENDOR”; PROVIDING THAT EACH AND 38 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT 39 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; 40 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY 41 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 42 Mayor Marino opened the Public Hearing. 43 Petitioner: None. 44 Staff presentation: Planning Manager, Peter Hofheinz. 45 Public comment: None. 46 Mayor Marino closed the Public Hearing. 47 Mayor Marino brought item back for discussion. – Discussion ensued. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 09-13-17 Councilmember Litt made a motion to approve Ordinance 17, 2017 on second reading and 1 adoption. 2 Vice Mayor Marciano seconded. 3 Motion passed 5-0. 4 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 5 Councilmember Woods clarified his comments during the discussion for Ordinance 19, 2017. 6 XII. CITY ATTORNEY REPORT 7 None. 8 (The remainder of this page intentionally left blank.) 9 10 11 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 09-13-17 XIII. ADJOURNMENT 1 Mayor Marino adjourned the meeting at 8:30 p.m. 2 3 The next regularly scheduled City Council meeting will be held Monday, September 25, 2017. 4 5 APPROVED: 6 7 8 9 Maria G. Marino, Mayor 10 11 12 13 Mark T. Marciano, Vice Mayor 14 15 16 17 Carl W. Woods, Councilmember 18 19 20 21 Matthew Jay Lane, Councilmember 22 23 24 25 Rachelle A. Litt, Councilmember 26 27 28 29 30 31 32 33 ATTEST: 34 35 36 37 38 Patricia Snider, CMC 39 City Clerk 40 41 42 43 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 44 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 45 All referenced attachments are on file in the Office of the City Clerk. 46 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 25, 2017 Resolution 63, 2017 Subject/Agenda Item: Downtown at the Gardens Public Hearing and Consideration for Approval: A request by ShopCore Properties to exceed the maximum number of special events permitted by Section 78-187 of the City's Code. Downtown at the Gardens is generally located to the east of Alternate A1A, north of Kyoto Gardens Drive, and south of Gardens Parkway . [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: P~nning Mana ~ Pesi:l AIC ;> Development Compliance and Zoning Bahareh Wolfs, AICP Approved by: City Manager Originating Dept.: [ ] Quasi -Judicial [ ] Legislative [X] Public Hearing Advertised: ] Required [ X] Not Required Affected parties: -+-+--1 Notified [X ] Not Required Accountant Tresha Thomas Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/ Agreement: Effective Date: N/A Expiration Date: N/A Council Action: [ ] Approval [ ] Approved with Conditions ] Denial [ ] Continued to: __ Attachments: • Development Application • Project Narrative • Location Map • Resolution 63, 2017 EXECUTIVE SUMMARY Meeting Date: September 25, 2017 Resolution 63, 2017 Page 2 of 3 The subject request allows the shopping center at Downtown at the Gardens (DTAG) within Regional Center Planned Community Development to have a total of 36 special events per calendar year that is 24 more than the maximum permitted by Section 78-187 of the City's Code. DTAG hosts a variety of special events throughout the calendar year, including a Supercar week in the winter, a fashion show in the winter, a summer Rock N Roll series throughout July and August, a Boo Bash Halloween event, an Art in the Gardens event in the fall, and a Vanilla Ice holiday party . The request does not entitle DTAG to have special events without first obtaining a special event permit. In addition , all applicable City Codes and Ordinances are in full effect for each individual special event, and each permit will be subject to review of such . Staff supports the Applicant's request for 24 additional special events for each calendar year of 2017 , 2018, and 2019 . BACKGROUND On June 5, 2003, the City Council adopted Resolution 91 , 2003 , that approved the DTAG site plan . The site plan approval allowed for the development of 26,000 square feet of neighborhood commercial space, 220,745 square feet of retail/restaurant space, 67,690 square feet (up to 3,220 seats) of cinema space, and 20,000 square feet of professional office space on approximately 49 acres. PROJECT DETAILS Site Details The subject site is bound by Gardens Parkway to the north , Kyoto Gardens Drive to the south, Alternate A1A to the west, and Lake Victoria Gardens Avenue to the east. DTAG is located within the Regional Center PCD . The site has access from PGA Boulevard via Lake Victoria Gardens Avenue , Alternate A 1A, and Gardens Parkway via Lake Victoria Gardens Avenue. The parcel is approximately 49 acres in size. Subject Request City Code Section 78-187 , Special Events, establishes the maximum number of special events a business, tenant, or plaza is permitted to have each calendar year . The Code states that " ... no more than four special events every calendar year shall be held by any appl icant at one location, unless otherwise approved by the City Council...". The Code also states that commercial plazas with "eleven tenants or more are permitted twelve special events per calendar year." The Applicant is requesting approval of 24 additional special events allowing for a total of 36 special events for the calendar years 2017 , 2018, and 2019 . Ten events have been held thus Meeting Date: September 25, 2017 Resolution 63, 2017 Page 3 of 3 far in 2017, with seven more anticipated . Although a tentative schedule of events at DTAG for the years 2017 , 2018, and 2019 has been included , no individual event is being approved . Only the number of allowable yearly special events is being authorized with Resolution 63, 2017 . It is important to note that the approval of this request only approves the total number of special events permitted at DTAG. Each special event request is required to undergo the special event review process and obtain the required special event permit. STAFF ANALYSIS Similar to Legacy Place, which has been approved for additional special events, DTAG is also a larger commercial center with many different tenants of various sizes and uses. Allowing additional special events is appropriate based on the number of tenants and commercial space in DTAG. Special events will attract residents and visitors alike to DTAG and draw in customers to the DTAG business community. An additional 24 events, for a total of 36 yearly events , is being approved through Resolution 63, 2017 . All of the special events will require a special event permit and must show compliance with all applicable City Codes and Ordinances, including, but not limited to, noise decibels and traffic circulation. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 63, 2017 as presented . CITY OF PALM BEACH GARDENS ----DEVELOPMENT APPLICATION ~l~C.-t7-Of?-00()/3lR Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: I Planned Community Development (PCD) I Planned Unit Development (PUD) I Amendment to PCD, PUD or Site Plan I Conditional Use I Amendment to the Comprehensive Plan I Administrative Approval I Administrative Appeal Project Name: Downtown at The Gardens Owner: Excel Gardens LLC I Annexation !Rezoning I Site Plan Review 1 Concurrency Certificate 1 Time Extension ~ Miscellaneous !Other Date Submitted: Applicant (if notOwner):ShopCore Properties --------------------------- Applicant's Address:233 S. Wacker Dr. St. 4200 Chicago TelephoneNo.312-798-5151 Agent:CoUeur & Hearing; Madison Marquette Contact Person: Donaldson Hearing E-Mail: dhearing@cotleur-hearing.com Agent's Mailing Address:1934 Commerce Lane, Suite 1, Jupiter, Fl 33458 Agent's TelephoneNumber: 561 -747-6336 --------------------- FOR OFFICE USE ONL V Petition Number: ------Date & Time Received: ------ Fees Received Application $ Engineering$ _________ _ Receipt Number:_~-'------- A h. NIA re 1tect: E . N/A ngmeer: _____________________________ _ Pl Cotleur & Hearing anner: Land scape Architect: NIA -------------------------- Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . East of A 1 A between Gardens Parkway and Kyoto Gardens Drive enera ocat1on: Add 11701 Lake Victoria Gardens Avenue ress: Section: Township: Range: --------------- P C t I N b ( ) 52-43-42-06-26-001-0000 roperty on ro um er s: ----------------------- 49.04 . PCD Overlay . Same Acreage: Current Zoning: RequestedZonmg: -------------------- Flood Zone ______ Base Flood Elevation (BFE) -to be indicated on site plan __ _ . . • Professional Office (PO) Current Comprehensive Plan Land Use Des1gnat1on: --------------- E . . L d U Commercial R d L d U NIA x1stmg an se: equeste an se: -------------------- Proposed Use(s} i.e. hotel,singlefamily residence,etc.: NIA ----- NIA Proposed Square Footageby Use: ---------------------- ProposedNumberandType of Dwelling Unit(s} i.e. single family, multifamily, etc. (if applicable}: NIA 2 . .. ..~ ;.,, :r = · :J ·i O "i .. \ 1 .. ,",1'! l ,,. :H ~-,.,~~ Justification Information concerning all requests (attach additional sheets if needed.) { Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: The Applicant is seeking approval of a Miscellaneous petition to allow 24 additional special events on the property each calendar year . See attached narrative for more details. 2. What will be the impact of the proposed change on the surrounding area? The commercial center holds numerous events on a regular basis on site. The events provide vibrancy and activity within the City. See attached narrative for more details. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. NIA 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301 , Land Development Regulations)? NIA 5. How wiJl the proposed project comply with City requirements for Art in Public Places (Chapter 78-261 , Land Development Regulations)? N/A 6. Has project received concurrency certification? Yes Date Received:la110/2017 Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately O mile(s) from theintersectionof Gardens Parkway and Alternate A 1A , on the! ! north,0 east,OsouthOwest side of_A_1_A ___ _ -----------------(street/road). 4 Statementof Ownership and Designationof AuthorizedAge1t Before me, the undersigned authority, personally appeared ________ _ who, being by me first duly sworn, on oath deposed and says: ----------- 1. That he/she i s the fee simple title owner of the property described in the attached Legal Description. 2. Th th / h , t' MISCELLANEOUS APPLICATION a e s e 1s reques mg in t he 3. ------------------C ity of Palm Beach Gardens, Florida. That he/she has appointed Cotleur & Hearing and Madison Marquette as authorized agent on his/her behalf to accomplish the above project. t o act N f O Excel Gardens LLC/ShopCore Properties ameo wner:~-------------------------- Si 233 S. Wacker Drive Suite 4200 Street Address P. 0. Box 312-798-5151 TelephoneNumber kkessinger@shopcore.com E-mail Address Sworn and subscribed before me this My Commission expires: Kevin Kessi nger/Executive VP By: Name/Title Chicago, IL 60606 City, State, Zip Code City, State, Zip Code Fax Number 5 Notary Public CEC ELIA VOLL EN Official Seal Notary Public -State of llllnois My Commiss ion Expires Feb 9, 202 1 Applicant's Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not retumable. Applicant is: 1 Owner 1 Optionee 1 Lessee I Agent 1 Contract Purchaser Kevin Kessinger Print Name of Applicant 233 S. Wacker Drive. Suite 4200 Street Ad dress Chicago , IL 60606 City, State, Zip Code 312-798-5151 Tel ephoneNumber Fax Number kkessinger@shopcore.com E-M ail Add re ss 6 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# ________________ _ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibillty of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not rece ived, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during the ap,pHcation review process. 4 i!J(r Owne; sfiture Date Kevin Kessinger Owner printed name DESIGNEE/BILL TO: ShopCore Properties 233 S. Wacker Drive. Suite 4200 Chicago, IL 60606 52-43-42-06-26-001 ·0000 Property Control Number Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF _....,J:..,./-. ______ _ COUNTY OF C _QC) Jc_ I hereby certify that the foregoing instrument was acknowledged before me this .lQday of A, 2aiust , 20.1}.-by ~fi.)tW lle;s(oq etc . He or she is personally known t~Auced ·~tc .. identification. ~2 [/f/f/l ~ ............ ~ .... II.A, ... ~ Notary public signature CECELIA VOLLEN Official Seal / t Nota ry Public -State of l lllnois Cece \ i'JA 1 0 I e jU MyCommiss lo n ExpiresFeb9,2021 Printed name State of -,-L-at-large My Commission expires: d---°I -2 CJ o\ I Cotleur& Hearing Landscape Architects I Land Planners I Environmental Consultants 1934Commercelane • Suite1 ·Jupiter.Florida · 33458 · Ph561 .747.6336 · Fax561 .747 .1 377 · www.cotleurhearing .com · Lic#LC-C000239 Downtown at the Gardens Special Events Permit Justification Statement Augus t 11, 2017 Introduction On behalf of ShopCore Properties, the Applicant we are requesting approval of additional Special Events for Downtown at the Gardens. The property is under new management by Madison Marquette, who would like the ability to host more special events in order to stimulate activity on site . Project Contacts: Applicant ShopCore Properties Kevin Kessinger 233 S. Wacker Drive, Suite 4200 Chicago, IL 60606 kkessinger@shopcore .com Agents Cotleur & Hearing, Inc. Donaldson Hearing, Principal Kathryn DeWitt, Land Planner 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 Phone: (561) 747-6336 Fax: (561) 747-1377 E-mail : dhearing@cotleur-hearing.com kdewitt@cotleur-hearing.com Project Description Madison Marquette Whitney Livingston/Meredith McCreary 909 Montgomery Street San Francisco, CA 94133 415-277-6835 E-mail : Mered ith .McCreary@Mad isonMarguette.com Whitney.Livingston@madisonmarquette .com As part of their strategy for re -i nvigorating the Downtown at the Gardens property, Madison Marquette would like the ability to host more events on site. Section 78-187(d)(3)(e) of the City's Code currently permits a commercial center to host a total of 12 special events per year. The Applicant is requesting the ability to hold an additional 24 events per calendar year for a total of 36 yearly events. The Downtown at the Gardens property is well positioned as a central gathering spot for events within the City of Palm Beach Gardens . The center courtyards also Toe District CH# 00-1003.06 Miscellaneous Application MISC-17-07-000136 August 11, 2017 create ideal spaces for community gathering. Per Section 78-187(d)(3), the City Council may approve additional special events at a single location. As a regional shopping, dining, and entertainment district; Downtown at the Gardens is larger than a traditional commercial shopping center and has increased demand for special events. There are numerous tenants and uses within Downtown at the Gardens, who rely on the programming and events held on site. Additionally, many of the special events are fundraisers put on by non -profits or community groups. The Applicant is requesting additional events to be permitted for each calendar year to better serve the needs of the community. The applicant would like approval for a total of 36 yearly special events for the next three years, which is 2017-2019. This will streamline the approval process for both the City of Palm Beach Gardens and the Applicant. Below is a list of events that will be held in 2017 and are anticipated to happen again in 2018 and 2019. The applicant does not presently know which additional events will be held in 2018 and 2019, but would like the flexibility to provide more events to better serve the community. The Applicant understands that special event permits for each event will still be required to be applied for prior to an event. The specific details of each event will be provided to staff for review at that time. Proposed Events in 2017 Super Car Week Fashion Affair Dog Care Awareness Date January 11 January 28 January 29 Event Details Over a two day period in the park, a car show, music and entertainment is held. No special traffic circulation is needed. This event is open to the public. Hosted in center court, a three hour fashion show displays the latest fashions by the boutiques of Downtown at the Gardens. Fabulous cuisine from the Center's restaurants are included. This event raises money for the participating charities of 100+ Women Who Care South Florida. This is a ticketed event, but open to the public. No special traffic circulation is needed. Hosted by the Peggy Adams ' Animal Rescue League, this is an educational event to raise awareness on adoption and dog care. This event includes music, kids' activities and dog demonstrations. No special traffic circulation is needed. This event is open to the public. This event is hosted in the park for 2 hours. No special traffic circulation is needed. This event is open to the ,----- public. /CITY OF / PALM BCH Got.ts Page 2 of 5 j AUG 2 9 2017 PLANNING& ZONING Toe District CH# 00-1003.06 Miscellaneous App lication MISC-17-07-000136 August 11, 2017 Adams March 11 Animal Rescue League's Annual Barry Crown Walk for the Animals Rock & Roll July 1 Concert Series Rock & Roll July8 Concert Series Rock & Roll July 15 Concert Series Rock & Roll July 22 Concert Series Rock & Roll July 29 Concert Series Rock & Roll August 5 Concert Series Tutu Run for August 26 Special Olympics Friends of September 16 the Poor Sk This annual event includes a 1 mile walk around Lake Victoria to raise fund for the Peggy Adams' Animal Rescue League. After the walk, the event continues all day in the park and i ncludes mus ic, food, pet washes and a silent auction. No special traffic circulat ion is needed. This event is open to the public. This annual summer concert series is hosted Friday nights at 6-9 PM in the park. Each week, a different band plays from pop, to rock, country to jazz. No special traffic circulation is needed. This event is open to the public. SK run by Running Sports. The race is held in the downtown park, the route is around the lake. This is a half day event. No police required, this is open to the public. This event will require special traffic circulation. SK run by Friends of the Poor and it benefits those living in poverty. This is held in the downtown park, but the route extends to the street. This is a half day event. This organization works with the po lice to block off roads, this event is open to the pub lic. This event will require special traffic circulation. Page 3 of 5 The District CH# 00-1003.06 Miscellaneous Application MISC-17-07-000136 August 11, 2017 Sabor Y Vino October 19 Food and Wine Cystic October 21 Fibrosis Event Boo Bash October 28 Tree Lighting November 25 Ceremony Vanilla Ice December Fundraiser Candy Cane December 2 Hunt Noon Year's December 31st Eve Sunfest of Palm Beach Gardens is ho lding the second annual Wine and Food Festival. This one day event with over 40 different vendors throughout the property in the center court, downtown park and boulevard serving Latin food and w ine. There will be musica l performances and tenants are encouraged to participate. Over 1,000 people are anticipated to attend. This is a ticketed event, but open to the public . No special traffic circulation is needed. St Mary's Medical Center holds a Cystic Fibrosis expo onsite in the center court. There will be a stage with a DJ onsite for this event. In the past this has not needed to be permitted. This is a private event the hospita l runs. No special traffic circulation is needed. In partnership with our radio partner and Macaroni Kids, Boo Bash is held in center court. Families can come and trick or treat on property and register their children for the costume contest. This is a public event. No special traffic circulation is needed . The DATG light ceremony is held throughout the property but main ly in center court. Families are welcome to en j oy the light show for the first time at our lighting ceremony. Additional vendors, band onsite, etc, are yet to be confirmed. This is a public event. No special traffic circulation is needed . Vanilla Ice concert in the downtown park. This is a new event at DATG. The vision is to hide candy canes around the property and have children find them. Macaroni Kids will be partneri ng with us on this event to bring exciting vendors onsite and to act ivate the center court and downtown park area. This is a three hour event. This is a public event. No specia l traffic circulation is needed. This event is a party for families and their children . This is a public event and held in the carousel court. No special traffic circulat ion is needed . Page 4of 5 The District CH# 00-1003.06 Miscellaneous Application MISC-17-07-000136 August 11, 2017 Conclusion Downtown at The Gardens is a major regional shopping, dining, and entertainment district; and is a central gathering spot for numerous events in Palm Beach Gardens. Madison Marquette would like master approval for 24 additional events per year, in order to better serve tenants and the local community. We look forward to working with the City to answer any questions that may arise throughout the process . Page 5 of 5 Location Map of Downtown at the Gardens Within The Regional Center PCD 1 RESOLUTION 63, 2017 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, APPROVING ADDITIONAL SPECIAL 6 EVENTS FOR DOWNTOWN AT THE GARDENS, AS MORE 7 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS 8 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 11 12 WHEREAS, the City Council, as the governing body of the City of Palm Beach 13 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations, is authorized and empowered to 15 consider petitions related to zoning and land development orders; and 16 17 WHEREAS, the City Council adopted Resolution 91 , 2003 that approved the 18 Downtown at the Gardens (DTAG) site plan , allowing the development of 26,000 square 19 feet of neighborhood commercial space, 220,745 square feet of retail/restaurant space, 20 67,690 square feet (up to 3,220 seats) of cinema space, and 20,000 square feet of 21 professional office space on approximately 49 acres; and 22 23 WHEREAS, the Planning and Zoning Department has reviewed the application , 24 has determined that it is sufficient and consistent with the City's Comprehensive Plan and 25 Land Development Regulations, and has recommended approval; and 26 27 WHEREAS, the City Council has considered the evidence and testimony 28 presented by the Applicant and other interested parties and the recommendations of the 29 various City of Palm Beach Gardens reviewing agencies and staff; and 30 31 WHEREAS, the City Council deems approval of this Resolution to be in the best 32 interest of the health , safety, and welfare of the residents and citizens of the City of Palm 33 Beach Gardens and the public at large. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF PALM BEACH GARDENS, FLORIDA, that: 37 38 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 39 40 SECTION 2. The application is hereby APPROVED allowing Downtown at the 41 Gardens within the Regional Center Planned Community Development (PCD) to conduct 42 24 additional special events during the 2017, 2018, and 2019 calendar years, subject to 43 the conditions of approval contained herein that are in addition to the general requirements 44 otherwise provided by resolution for the real property described as follows: 45 46 (See Exhibit "A" for Legal Description) Page 1 of 3 Resolution 63, 2017 1 SECTION 3. This approval is subject to the following conditions, which shall be 2 the responsibility of and binding upon the Applicant, its successors, or assigns : 3 4 1. A complete Special Events permit application and applicable fee shall be 5 submitted for each individual event for review by the City. No event shall take 6 place prior to the issuance of a Special Event Permit. (Planning and Zoning) 7 8 SECTION 4. This petition is approved subject to strict compliance with the Exhibit 9 listed below, which is attached hereto and made part hereof as Exhibit "B": 10 11 1. Downtown at the Gardens Proposed Special Events for 2017 , 2018 , and 12 2019, prepared by Cotleur & Hearing, dated August 28, 2017 . 13 14 SECTION 5. This approval shall be consistent with all representations made by 15 the Applicant or the Applicant's agent at any public hearing. 16 17 SECTION 6. This Resolution shall become effective immediately upon adoption . 18 19 20 (The remainder of this page intentionally left blank) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 63, 2017 PASSED AND ADOPTED this __ day of _______ , 2017. CITY OF PALM BEACH GARDENS, FLORIDA BY: ·--------------- Maria G. Marino, Mayor ATTEST: BY: ------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney VOTE: MAYOR MARINO VICE MAYOR MARCIANO COUNCILMEMBER WOODS COUNCILMEMBER LANE COUNCILMEMBER LITI AYE NAY ABSENT G :\attorney_share\RESOLUTIONS\2017\Resolulion 63 2017-DTAG Additional Special Event.docx Page 3 of 3 Resolution 63, 2017 EXHIBIT "A" LEGAL DESCRIPTION : PARCEL 1: ALL OF DOWNTOWN AT THE GARDENS, ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 118, PAGES 130 THROUGH 133, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING FORMERLY DESCRIBED AS: TRACT "A" OF DOWNTOWN AT THE GARDENS AND LANDMARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 101 , PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH : A PARCEL OF LAND LYING IN AND BEING A PORTION OF THE EXISTING RIGHT- OF-WAY OF KYOTO GARDENS DRIVE , AS RECORDED IN OFFICIAL RECORDS BOOK 8292, PAGE 1543, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF TRACT "A", OF DOWNTOWN AT THE GARDENS AND LANDMARK, AS RECORDED IN PLAT BOOK 101 , PAGES 12 THROUGH 15, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE; THENCE SOUTH 58°42'07" EAST, A DISTANCE OF 42 .25 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 614 .12 FEET, A CENTRAL ANGLE OF 36°06'04" AND WHOSE CHORD BEARS SOUTH 84°01'00" EAST ; THENCE EASTERLY ALONG THE ARC OF SAID CURVE , A DISTANCE OF 386.95 FEET; THENCE NORTH 24°53 '30" EAST ALONG A LINE BEING ON THE SOUTHERLY PROPERTY LINE OF SAID TRACT "A" AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, A DISTANCE OF 29.75 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE OF SAID TRACT "A ", BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 643.87 FEET, A CENTRAL ANGLE OF 38°52'31" AND WHOSE CHORD BEARS NORTH 85°21'51 " WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, BEING THE SOUTHERLY PROPERTY LINE OF SAID TRACT "A " AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, A DISTANCE OF 436.87 FEET TO THE POINT OF BEGINNING . PARCEL 2: NON-EXCLUSIVE EASEMENT RIGHTS FOR THE BENEFIT OF PARCEL 1 SET FORTH IN SECTION 2 OF ARTICLE IV OF THAT DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS FOR THE MACARTHUR CENTER, RECORDED IN OFFICIAL RECORDS BOOK 8098, PAGE 403, AND FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 8296 , PAGE 1318; AND ASSIGNMENT AND ASSUMPTION OF RIGHTS OF DECLARANT RECORDED IN OFFICIAL RECORDS BOOK 11160, PAGE 1190, OF THE PUBLIC RECORDS OF PALM BEACH Resolution 63, 2017 COUNTY, FLORIDA, OVER AND ACROSS THE LANDS AND FOR THE PURPOSES DESCRIBED THEREIN . PARCEL 3: RECIPROCAL ACCESS EASEMENT RIGHTS FOR THE BENEFIT OF PARCEL 1 SET FORTH IN SECTION 1.2 OF THAT CONSTRUCTION , RECIPROCAL EASEMENT AND ACCESS AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 23303, PAGE 184, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OVER AND ACROSS THE LANDS AND FOR THE PURPOSES DESCRIBED THEREIN . PARCEL 4: EASEMENT RIGHTS FOR THE BENEFIT OF PARCEL 1, AS SET FORTH IN THE AGREEMENTS , EASEMENTS, AND COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17501 , PAGE 106, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OVER AND ACROSS THE LANDS AND FOR THE PURPOSES DESCRIBED THEREIN . ALL OF THE SUBJECT LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. Resolution 63, 2017 EXHIBIT "B" Cotleur & Hearing Downtown at the Gardens Proposed Events (2017, 2018, 2019) Au gust 28, 2017 Proposed Events Date Super Car Week January 11 Fashion Affair January 28 Dog Care Awareness January 29 Adams Animal Re sc ue March 11 League's An nual Barry Crown Walk for the Anima ls Event Details Over a two day period in the park, a car show, mus ic and enterta inment is held. No special t raffic circula tion is needed. This event is open to the public. Hosted in center court, a three hour fashion show displays the lat es t fashions by the boutiqu es of Downtown at the Gardens. Fabu lous cuisine from the Center's restaurants are included. This event raises money for the participating charities of 100+ Women Who Care South Florida. This is a ticketed event, but open to the public. No special traffic circulation is needed . Hosted by the Peggy Adams' Animal Rescue League, this is an educational event to raise awareness on adoption and dog care. This event includes music, kids' activities and dog demonstrations. No special traffic circulation is need ed. This event is open to the public. This event is hos t ed in the park for 2 hours. No special traffic circulation is needed. This event is open to the public. This annual event includes a 1 mile walk aroun d Lake Victoria to raise fund for the Peggy Adams' Animal Rescue League. After the walk, the event continues all day in the park and includes music, food, pet washes and a silent auction. No special traffic circulation is needed. This event is open to the public. Proposed Events Date Rock & Roll Conc e rt July 1 Series Rock & Roll Concert July8 Series Rock & Roll Concert July 15 Series Rock & Roll Concert July 22 Series Rock & Roll Concert July 29 Series Rock & Roll Concert August 5 Series Tutu Run for Specia l August 26 Olympics Friends of the Poor 5k September 16 Sabor Y Vino Food and October 19 Wine Event Details This annual summer concert series is hosted Friday nights at 6-9 PM in the park. Each week, a different band plays from pop, to rock, country to jazz. No special traffic circulation is needed. This event is open to the public. SK run by Running Sports. The race is held in the downtown park, the route is around the lake. This is a half day event. No police required, this is open to the public. This event will requ ire special traffic circulation. SK run by Friends of the Poor and it benefits those living in poverty. This is held in the downtown park, but the route extends to the street. This is a half day event. This organization works with the police to block off roads, this event is open to the public. This event will require special traffic circulation. Sunfest of Palm Beach Gardens is holding the second annual Wine and Food Fest ival. This one day event with over 40 different vendors throughout the property in the center court, downtown park and boulevard serving Latin food and wine. There will be musical performances and tenants are encouraged to participate. Over 1,000 people are anticipated to attend. This is a ticketed event, but open to the public. No special traffic circulation is needed. Proposed Events Date Cystic Fibrosis Event October 21 Boo Bash October28 Tree Lighting Ceremony November 25 Vanilla Ice Fundraiser TBD Candy Cane Hunt December2 Noon Year's Eve December 31st Event Details St Mary's Medical Center holds a Cystic Fibrosis expo onsite in the center court. There will be a stage with a DJ onsite for this event. In the past this has not needed to be permitted. This is a private event the hospital runs. No special traffic circulation is needed. In partnership with our radio partner and Macaroni Kids, Boo Bash is held in center court. Families can come and trick or treat on property and register their children for the costume contest. This is a public event. No special traffic circulation is needed. The DATG light ceremony is held throughout the property but mainly in center court. Families are welcome to enjoy the light show for the first time at our lighting ceremony. Additional vendors, band onsite, etc, are yet to be confirmed. This is a public event. No special traffic circulation is needed. Vanilla Ice concert in the downtown park. This is a new event at DATG. The vision is to hide candy canes around the property and have children find them. Macaroni Kids will be partnering with us on this event to bring exciting vendors onsite and to activate the center court and downtown park area. This is a three hour event. This is a public event. No special traffic circulation is needed. This event is a party for families and their children. This is a public event and held in the carousel court. No special traffic circulation is needed. CITY OF PALM BEACH GARDENS PALM BEACH COUN TY, FLORIDA PROCLAMATION WHEREA S , the City of Palm Beach Gardens is committed to ensuring the safety and security of all those living in and visiting the City of Palm Beach Gardens; and WHEREAS.fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, US. fire departments responded to 365,500 home fires in 2015, according to the National Fire Protection Association (NFPA); and WHEREAS, US. home fires resulted in 2,650 civilian deaths in 2015, representing the majority (78 percent) of all US. fire deaths; and WHEREAS, in one-fifth of all homes with smoke alarms, the smoke alarms are not working; and WHEREAS, three out of five home fire deaths result from fires in properties without smoke alarms or with no working smoke alarms; and WHEREAS. working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, many Americans don 't know how old the smoke alarms in their homes are, or how often they need to be replaced; and WHEREAS, all smoke alarms should be replaced at least once every ten years; and WHEREAS, the age of a smoke alarm can be determined by the date of its manufacture, which is marked on the back of the smoke alarm ; and WHE REAS, the City of Palm Beach Gardens first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Palm Beach Gardens residents are responsive to public education measures and are able to take personal steps to increase their safety from fire , especially in their homes; and WHEREA S, the 201 7 Fire Prevention Week theme, "Every Second Counts Plan 2 Way s Out " effectively serves to educate the public about the vital importance of replacing the smoke alarms in their homes at least every ten years, and to determine the age of their smoke alarms by checking the date of manufacture on the back of the alarms. NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens. Florida , do hereby Proclaim October 8-14, 201 7, as Attest: Patricia Snider, CMC, City Clerk FIRE PREVENTION WEEK IN WITNESS WH ER EO F, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2 51h day of September in the y ear Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on October 6, 2017 entitled "National Night Out"; and WHEREAS, the "36th Annual National Night Out" provides a unique opportunity for Palm Beach Gardens to join forces with thousands of other communities across the country in p romoting cooperative, police-community crime prevention efforts; and WHEREAS. Palm Beach Gardens Police, Fire -Rescue, and Community Services Departments plays a vital role through joint crime, drug and violence prevention efforts in Palm Beach Gardens; and are supporting "National Night Out 2017" locally; and WHEREAS. it is essential that all citizens of Palm Beach Gardens be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and vio lence in Palm Beach Gardens; and WHEREAS. police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor, do hereby call upon all citizens of Palm Beach Gardens to join Palm Beach Gardens Police, Fire-Rescue, and Community Services Departments and the National Association of Town Watch in supporting the "36th Annual National Night Out" on October 6, 2017 as: Attest: ~~NATIONAL NIGHT OUT,, in the City of Palm Beach Gardens IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 25th day of September in the year Two Thousand and Seventeen. Maria G. Marino, Mayor Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 25, 2017 Resolution 58, 2017 Ordinance 19, 2017 Subject/Agenda Item: Resolution 58, 2017 -Adopting a tax levy and millage rate for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2017, and ending September 30, 2018. Ordinance 19, 2017 -Public Hearing for Second and Final Reading Adopting the Fiscal Year 2017/2018 Budget. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs:$ ----(Total) Allan Owens $ ____ _ Finance Administrator Allan Owens Submitted by: Department Director Allan Owens ~ ... ,,, Approved by: Finance Administrator Current FY Advertised: NA Date: September 20, 2017 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [ X] Not required Funding Source: [ .J Operating [ ] Other Budget Acct.#: Contract/ Agreement: Effective Date: NA Expiration Date: NA Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 58, 2017 • Ordinance 19, 2017 Meeting Date: September 25, 2017 Resolution 58, 2017 Ordinance 19, 2017 Page 2 of 2 BACKGROUND: This is the second of two required public hearings on the proposed budget for Fiscal Year 2017/2018 . The total of all funds is $150,594,878. The proposed operating millage rate for Fiscal Year 2017/2018 is 5 .5500 mills and a debt service millage rate of .1178. The proposed operating millage rate of 5.5500 is 5.37% above the roll-back of 5 .2671 . When combined , the total operating and debt service millage rate proposed for Fiscal Year 2017/2018 is 5.6678 mills , which is .18% below the current year combined rate of 5.678 1 mills. CITY COUNCIL: On September 7, 2017 , the City Council approved Ordinance 19 , 2017 on first reading by a vote of 5 to 0 . STAFF RECOMMENDATION : o Staff recommends a motion that the City of Palm Beach Gardens adopt a final millage rate of 5.6678 mills, which includes a debt service millage rate of .1178 and an operating millage rate of 5.5500 , which is greater than the roll-back rate of 5.2671 by 5.37%. o Staff recommends a motion to approve Resolution 58, 2017 , setting the final millage rate for Fiscal Year 2017/2018 at 5.6678 . o Staff recommends a motion to approve Ordinance 19 , 2017 as presented on second and final reading , adopting the budget for Fiscal Year 2017/2018. Please note: The proposed Fiscal Year 2017/2018 budget has been distributed to Mayor, Council, and staff under separate cover. 1 RESOLUTION 58, 2017 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA, ADOPTING A TAX LEVY AND 5 MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR 6 THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND 7 ENDING SEPTEMBER 30, 2018; DIRECTING THE CITY CLERK TO 8 FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE 9 PALM BEACH COUNTY PROPERTY APPRAISER AND TAX 10 COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 WHEREAS, at a duly advertised public hearing held on September 7 , 2017, the 14 City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of 15 5.6678 per $1,000.00 and said millage rate included an operating millage rate of 5.5500 16 and a debt millage rate of .1178; and 17 18 WHEREAS, on September 25, 2017 , the City Council held a public hearing in 19 accordance with Section 200.065, Florida Statutes, to adopt the final millage rate for 20 Fiscal Year 2017/2018 and the adopted millage rate is 5.6678 per $1 ,000 .00 and sa id 21 millage rate included an operating millage rate of 5.5500 and a debt millage rate of .1178; 22 and 23 24 WHEREAS, the value of real property not exempt from taxation within the City of 25 Palm Beach Gardens, Florida has been certified by the County Property Appraiser to the 26 City Council as $10 .888 Billion; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 30 Beach Gardens and the public at large . 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA, that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 36 37 SECTION 2. The Fiscal Year 2017/2018 millage rate is 5.6678 mills, which 38 includes a debt millage rate of .1178 and an operating millage rate of 5.5500 , which is 39 greater than the rolled-back rate of 5.2671 by 5 .37 percent. 40 41 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this 42 Resolution to the Palm Beach County Property Appraiser and Tax Collector within three 43 (3) days after its adoption. 44 45 SECTION 4. This Resolution shall become effective immediately upon adoption . 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 58, 2017 PASSED AND ADOPTED this __ day of _______ , 2017. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---------------Mari a G . Marino, Mayor ATTEST: BY: ------------Patricia Snider, CMG, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ------------R. Max Lohman, City Attorney VOTE: MAYOR MARINO VICE MAYOR MARCIANO COUNCILMEMBER WOODS COUNCILMEMBER LANE COUNCILMEMBER LITI A YE NAY ABSENT G :\attorney_share\RESOLUTIONS\2017\Resolution 58 2017 millage adoption FY17-18-Final.docx Page 2 of 2 1 2 ORDINANCE 19, 2017 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE 7 CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR 8 COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 9 2018; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 10 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, at a duly advertised public hearing held on September 7 , 2017 , the City 15 Council tentatively adopted a budget for Fiscal Year 2017/2018; and 16 17 WHEREAS, at a duly advertised public hearing held on September 25, 2017 , the City 18 Council determined that the tentative budget, as finalized by the City Council, will meet the 19 needs and requirements of the City of Palm Beach Gardens and its residents for Fiscal Year 20 2017/2018; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 24 Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA, that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The proposed budget is hereby approved and adopted by the City 33 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 34 commencing October 1, 2017 , and ending September 30, 2018. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption . 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 19, 2018 PASSED this '7-tl;Jay of Se&1r1 bet , 2017, upon first reading. PASSED AND ADOPTED this second and final reading. CITY OF PALM BEACH GARDENS BY: -------------Maria G. Marino, Mayor Mark T . Marciano, Vice Mayor Carl Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A. Litt, Councilmember ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney day of ______ , 2017, upon AGAINST ABSENT \\pbgsnas .city .pbgfl .local\Attomey\attorney_share\ORDINANCES\2017\0rdinance 201 7 -budget adoption 2017-2018 .docx Page 2 of 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 25, 2017 Ordinance 15, 2017 Ordinance 18, 2017 Subject/Agenda Item: Amendment to the City's Land Development Regulations Second and Final Reading and an Adoption Public Hearing: A City-initiated request to amend Chapter 78, Land Development, in order to repeal the previously adopted and now outdated Floodplain Regulations from Chapter 78 and to amend Chapter 86, Buildings and Building Regulations to add the revised Floodplain Regulations. The proposed amendments will provide consistency with the Florida Division of Emergency Management's Model Ordinance. [X] Recommendation to APPROVE [ ] Recommendation to DENY Approved By: Originating Dept.: Planning & Zoning : Project Manager ~ilts,AICP Planner [ ] Quasi -Judicial [X] Legislative [X] Public Hearing f-------------l Advertised: [X] Requ ired [] Not Required Date: 9/11/2017 Paper: Palm Beach Post ected parties: [ ] Notified [X] Not Required Finance: Accountant N/A Tresha Thomas Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Effective Date: N/A Expiration Date: N/A City Council Action: [ ] Approval [ ] App. w/ Conds. [ ] Denial [ ] Continued to: __ Attachments: • Ordinance 18, 2017 • Ordinance 15, 2017 • Proposed FEMA Flood Zones Map EXECUTIVE SUMMARY Meeting Date: September 25, 2017 Ordinance 18, 2017 I Ordinance 15, 2017 Page 2 of 47 A City-initiated request to amend Chapter 78. Land Development in order to repeal the previously adopted and now outdated Floodplain Regulations from the City's Land Development Regulations. In tandem , companion Ordinance 15, 2017 will amend Chapter 86. Buildings and Building Regulations in order to adopt updated Floodplain Regulations consistent with the Florida Division of Emergency Management's Model Ordinance located in Chapter 86. Upon adoption, Ordinance 18, 2017 and Ordinance 15, 2017 will permit the efficient coordination of floodplain management with the regulations of the Florida Building Code. BACKGROUND The City was accepted for participation in the National Flood Insurance Program on January 3, 1979, and consequently , the City adopted Floodplain Regulations currently located in Chapter 78. Land Development of the City's Code of Ordinances. Ordinance 18, 2017 proposes an amendment to Chapter 78 by repealing the previously adopted and now outdated Floodplain Regulations from Chapter 78. In turn, Companion Ordinance 15, 2017 proposes the adoption of the updated Floodplain Regulations consistent with the Florida Division of Emergency Management's Model Ordinance to be appropriately located in Chapter 86. Buildings and Building Regulations. Over the last few years, the Federal Emergency Management Agency (FEMA) has initiated updates to the City's Flood Insurance Rate Maps (FIRMs). The State of Florida has proposed and strongly recommends the adoption of the Model Floodplain Regulations in conjunction with the new FIRMs. The new FIRMs will be adopted on October 5, 201 7, and will reduce the number of residential units within a special flood hazard area in the City to just one parcel. The overall intent of the Division of Emergency Management's Model Ordinance and the proposed Floodplain Regulations is to provide the uniform application of Floodplain Regulations throughout the State. The Floodplain Regulat ions are inherently tied to the Florida Building Code, and the application of requirements and enforcement of the Floodplain Regulations are completed during building permit review . The removal of the current Floodplain Regulations from Chapter 78 and relocation to Chapter 86 will provide a more efficient and coordinated administration of the Floodplain Regulations and Florida Building Code. In sum , Ordinance 18, 201 7 and companion Ordinance 15, 201 7 are housekeeping in nature and do not modify how the City manages the current Floodplain Regulations and are consistent with the State of Florida recommendations. PROPOSED AMENDMENT Subpart B. LAND DEVELOPMENT REGULATIONS CHAPTER 78. LAND DEVELOPMENT. ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 3 of 47 DIVISION 10. SUBDIVISIONS. Subdivision VI. Floodplain Regulations. Reserved. Sec. 78 531. Purpose, objecti¥es and methods. (a) Statement of purpose. It is the purpose of this subdivision to promote the public health, safety and general welfare and to minimize public and pri 1.«ate 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 hazards, which result in damaging increases in 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 floodplains, stream channels, and natural protective barriers which are invol 1.«ed in the accommodation of flood waters; (4) Control filling, grading, dredging and other de1.«elopment which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers •.vhich •.viii unnaturally di 1.«ert floodi.•.<aters or which may increase flood hazards to other lands. (b) Objectives. The objectives of this subdivision are: (1) To protect human life and health; (2) To minimize the expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief eff-Orts 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 and telephone and sewer lines, streets and bridges located in floodplains; (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 flood blight areas; and (7) To ensure that potential homebuyers are notified that property is in a flood area. (c) Methods. In order to accomplish its purposes, this subdivision includes methods and provisions for: (1) Restricting or prohibiting 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; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters; Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 4 of 47 (4) Controlling filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers that will unnaturally divert flood 1Naters or may increase flood hazards in other areas. Staff Comment: This provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 2017, the proposed new Floodplain Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida. Sec. 78 532. Definitions. The following 'Nerds, terms, and phrases, when used in this subdi•.iision, shall have the meanings ascribed herein, except where the context clearly indicates a different meaning: Appeal means a request for a review of the floodplain administrator's interpretation of any pro•.iision of this subdivision or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, 'Nhere the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flmv. Area of special flood hazard is the land in the floodplain 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 equaled or exceeded in any given year (also called the "100 year flood"). Base flood is the term used throughout this subdivision. Basement means that portion of a building having its floor sub grade (below ground level) on all sides. Building. See structure. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Development means any man made change to impro•.ied or unimpro•.ied 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. Elevated building means a non basement building built to ha•.<e the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 5 of 47 Existing construotion means any structure for 'Nhich the "start of construotion" commenced prior to the effective date of this subdivision. Existing manufaotured home park or subdi•.iision means a manufaotured home park or subdivision for 'Nhich the construotion of facilities for servicing the lots on 'Nhich the manufaotured homes are to be affixed (including at a minimum the installation of utilities, the construotion of streets, and either final site grading or the pouring of concrete pads) is completed before the effecti'.ie date of the floodplain management regulations adopted by the city. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflo·N of inland or tidal i.vaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency (FEM.'\) or Federal Insurance Administration (Fil\) has delineated the areas of flood hazards and regulatory floodway. Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEM.'\, where the boundaries of the areas of special flood hazard have been identified as Zone.'\. Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEM.'\ has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by FEM.'\. The report contains flood profiles, as well as the FIRM, FHBM (where applicable) and the 'Nater surface elevation of the base flood. Floodplain means any land area susceptible to flooding. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control 'Norks, floodplain management regulations, and open space plans. Floodplain management regulations means this subdivision and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power 'Nhich control development in flood prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Meeting Date: September 25, 2017 Ordinance 18, 2017 I Ordinance 15, 2017 Page 6 of47 Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Hardship (as related to variances from the requirements of this subdivision) means the exceptional hardship that 'Nould result from a failure to grant the requested variance. The Planning, zoning, and appeals board requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a ·,ariance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a building. Historic structure means 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 requirements for indi•,idual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on a state inventory of historic places in states with historic preservation programs 'Nhich have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory 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. Lowest adjacent grade means the lowest ele•,ation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, 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 nonele·,ation design standards of this subdivision. Manufactured home means a building, 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 also includes park trailers, tra·,el trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be impro·,ed property. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 7 of47 Manufactured home park or s1::1bdivision means a parcel (or contiguo1::1s parcels) of land divided into two or more man1::1factured home lots for rent or sale. Market value means the b1::1ilding value, excl1::1ding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value) or adjusted assessed values. Mean sea le•,el means the 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 p1::1rposes of this subdivision, the term is synonymo1::1s with National Geodetic Vertical Dat1::1m (NGVD). National Geodetic Vertical Dat1::1m (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain . New constF1:Jction means any stF1:Jcture for which the "start of constF1:Jction" commenced after effective date of this subdivision. The term also includes any subsequent improvements to such struct1::1res . New manufactured home park or subdivision means a manufactured home park or subdivision for which the constF1:Jction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minim1::1m, the installation of 1::1tilities, the constF1:Jction of streets, and either final site grading or the po1::1ring of concrete pads) is completed on or after the effective date of floodplain reg1::1lations adopted by the city. Nuisance means anything •.vhich is inj1::1rious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfl:Jlly obstructs the free passage or use , in the c1::1stomary manner, of any navigable lake, or river, bay, stream, canal, or basin . Obstruction includes, but is not limited to, any dam, wall , 1.vharf, embankment, levee, dike , pile, ab1::1tment, protection, excavation, channelization, bridge, cond1::1it, cul 11ert, b1::1ilding, wire , fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any 1.vatercourse which may alter, impede, retard or change the direction andtor velocity of the flow of water, or d1::1e to its location, its propensity to snare or collect debris carried by the flmv of water, or its likelihood of being carried downstream. Recreational vehicle means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection ; (3) Designed to be self propelled or permanently towable by a light d1::1ty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living q1::1arters for recreational, camping, travel, or seasonal use . Repetitive loss means flood related damages s1::1stained by a struct1::1re on two separate occasions d1::1ring a ten year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 8 of 47 equaled or exceeded 25 percent of the market value of the building at the time of each such flood event. Special flood hazard area (SFHA) (see area of special flood hazard) means an area having special flood hazard and shown on a FHBM or FIRM as Zone A, AO, A1 A30, AE, A99, or AH. 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 impro>.iement •.vas 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 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.lor 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 part of the main building. For 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. Structure means all walled and roofed buildings, including gas or liquid storage tanks and manufactured homes, that are principally above ground. Substantial damage means 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 1.ialue of the structure before the damage occurred. Substantial damage also means flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event, on the a\'erage, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Substantial impro\•ement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures •.vhich have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work performed. This includes any combination of repairs, reconstruction, alteration, or improvements to a building taking place during a five year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building 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 ·.vhen the first alteration of any \\'all, ceiling, floor , or other structural part of the Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 9 of47 building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "substantial damage" and are "repetitive loss," regardless of the actual repair work performed. 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 building. The term does not, ho11Jever, include either: (1) Any project for improvement of a building required to comply with existing health, sanitary, or safety code violations 'Nhich have been identified prior to permit issuance by the code enforcement official and which are solely 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." Substantially improved existing manufactured home parks or subdivisions is 1Nhere the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this subdivision, which permits construction in a manner otherwise prohibited by this subdivision •.tJhere specific enforcement 11.'ould result in unnecessary hardship. Violation means the failure of a structure or other de•,elopment to be fully compliant with this subdivision. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this subdivision is presumed to be in violation until such time as that documentation is provided. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flm\' at least periodically . VVatercourse includes specifically designated areas in which substantial flood damage may occur. VVater surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of 11arious magnitudes and frequencies in the floodplains of coastal or riverine areas. Staff Comment: This provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 2017, the proposed new Floodplain Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida. Sec. 78 533. General pro•.-isions. (a) Applicability. This subdivision shall apply to all areas of special flood hazard within the city. Meeting Date: September 25, 2017 Ordinance 18, 201 7 /0rdinance 15, 201 7 Page 10 of 47 (b) Basis f.or establishing the areas of special flood hazard. The areas of special flood hazard shall be those identified by the Federal Emergency. Management Agency in the Flood Insurance Rate Map (FIRM) Community. Panel Numbers 120221 0001 0004, dated January 6, 1988, with accompanying maps and other supporting data, and any revision thereto. These materials are adopted by reference and declared to be a part of this subdivision. (c) Development permit required. A development permit shall be required in conf.ormance with the provisions of this subdivision prior to the commencement of any development activities. (d) Compliance. No structure or land shall hereafter be located, extended , converted or structurally altered without full compliance 1Nith the terms of this subdivision and other applicable regulations. (e) Abrogation and greater restrictions. This subdivision is not intended to repeal , abrogate, or impair any existing easements or co 1.'enants. However, where this subdivision conflicts with or overlaps existing ordinances, whiche1.'er imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this subdivision , 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) \'Yarning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable f.or 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 subdivision 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 subdivision shall not create liability on the part of City Council of the City of Palm Beach Gardens or by any officer or employee thereof f.or any flood damages that result from reliance on this subdivision or any administrative decision lawfully made thereunder. (h) Penalties f.or violation. Violation of the provisions of this subdivision 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 subdivision or fails to comply with any of its requirements shall, upon con 1.'iction thereof, be fined not more than $500.00 or imprisoned f.or not more than 60 days, or both, and in addition, shall pay all costs and expenses invol 1.'ed in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Palm Beach Gardens from taking such other lawful actions as is necessary to prevent or remedy any violation. Staff Comment: This provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 2017, the proposed new Floodplain Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 11 of47 Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida. Sec. 78 634. Administration. (a) Designation of flood damage prevention ordinance administrators. This subdivision shall be administered by the city building official, the city engineer and the community rating system administrator (planner) (collectively "floodplain administrators"). (b) Permit procedures. Application for a de•1elopment permit shall be made to the gro•.vth management department on forms furnished by the growth management department prior to any development activities. Such forms may include, but not be limited to , the following plans in duplicate drm.•Jn 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 (including basement) of all buildings; b. Ele\'ation in relation to mean sea level to 'Nhich any nonresidential building will be flood proofed; c. Certificate from a registered professional engineer or architect that the nonresidential flood proofed building will meet the flood proofing criteria in section 78 535(b)(2) and (c)(2); and d. Description of the extent to which any watercourse will be altered or relocated as result of proposed development. (2) Construction stage: Upon placement of the lowest floor, or flood proofing by 'Nhatever construction means, it shall be the duty of the permit holder to submit to the building official a certification of the NGVD elevation of the lowest floor or flood proofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same . Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building official shall review the lowest floor and flood proofing elevation survey data submitted. The permit holder, immediately and prior to further progressi\'e •1.1ork being permitted to proceed, shall correct deficiencies detected by such reviei.•,. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop work order for the project. (o) Duties and responsibilities of the floodplain administrators. The duties and responsibilities of the floodplain administrators are as follo•1.1s: Meeting Date: September 25, 2017 Ord inance 18, 2017 / Ordinance 15, 2017 Page 12 of 47 (1) The city engineer, community rating system administrator (planner), and building official shall revie 1N all development applications to assure that the application requirements of this subdivision have been satisfied. (2) The building official shall review all development permits to assure that the permit requirements of this subdivision ha1.<e been satisfied. (3) The bu ilding official and city engineer shall ad 1.<ise permittee/applicant 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. (4) The community rating system administrator (planner) shall notify adjacent communities , the state floodplain coordinator, and other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse. The city engineer shall notify the community rating system administrator (planner) of any proposed projects that are submitted for review or comment. (5) The city engineer shall coordinate with the applicant and/or the public 'Norks department to assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (6) The building official shall verify and record the actual elevation (in relation to mean sea level) of the 1011.•est floor (including basement) of all new or substantially improved buildings , in accordance 1.vith section 78 534 (b)(2). (7) The building official shall verify and record the actual ele1,ation (in relation to mean sea level) to i.•.<hich the new or substantially improved buildings have been flood proofed , in accordance i.vith section 78 534(b)(2). (8) The floodplain administrators shall review certified plans and specifications for compliance . (Q) lA'here interpretation is needed as to the exact location of 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 floodplain administrators shall make the necessary interpretation based on the information provided by the applicant by request from the floodplain administrators. The person contesting the location of the boundary shall be gi 11en a reasonable opportunity to appeal the interpretation as provided in this article. (10) \!'/hen base flood elevation data or floodway data have not been provided in accordance with section 78 533(b), then the floodplain administrators shall obtain , review and reasonably utilize any base flood elevation and floodway data ai.·ailable from a federal , state or other source (including the app licant), in order to administer the provisions of section 78 535. Staff Comment: Th is provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 20 17, the proposed new Floodplain Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida . Meeting Date: September 25, 201 7 Ord inance 18, 201 7 / Ordinance 15, 2017 Page 13 of 47 Sec. 78 535. Provisions for flood hazard reduction. (a) General standards. In all areas of special flood hazard, the following provisions are required and shall be enforced by floodplain administrators prior to construction plan approval. (1) Nev, construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) Manufactured homes shall be anchored to pre'1ent 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; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (5) Electrical, heating, ventilation , plumbing, air conditioning equipment 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; (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary se1Nage 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; (Q) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this subdivision shall meet the requirements of "new construction" as contained in this subdivision; and (10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this subdivision, shall be undertaken only if said non conformity is not furthered, extended, or replaced. (b) Specific standards. In areas where base flood elevation data has been provided, as set forth in section 78 533(b), the following provisions are required: (1) Residential construction. New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than 0.5 feet above the base flood elevation or the South Florida 'Nater Management District zero discharge finished floor, 1.vhiche1.<er is greater. Should solid foundation perimeter walls be used to ele'1ate a structure, openings sufficient to facilitate the unimpeded mo'.<ements of floodwaters shall be provided in accordance 11.'ith standards of section 78 535(b)(3). Meeting Date: September 25, 201 7 Ordinance 18, 201 7 / Ordinance 15, 2017 Page 14 of47 (2) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lmvest floor, including basement, ele•.iated to no lower than 0.5 f.eet abo•.ie the base flood elevation or the South Florida VVater Management District zero discharge finished floor, whichever is greater. Buildings located in all A Zones may be flood proof.ad in lieu of being elevated provided that all areas of the building below the base flood elevation (plus any community free board) 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 prof.essional 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 section 78 534(c)(9). (3) Elevated buildings. New construction or substantial impro•.iements of elevated buildings that include fully enclosed areas formed by f.oundation and other exterior walls below the base flood elevations shall be designed to preclude finished living space and designed to allO\\' f.or 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 prof.essional engineer or architect or meet the f.ollowing minimum criteria: i. Provide a minimum of two openings having a total net area of not less than one square inch f.or every square f.oot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one f.oot above f.oundation interior grade ('Nhich must be equal to in elevation or higher than the exterior f.oundation grade); iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions; iv . Access to the enclosed area shall be minimum necessary to allow f.or 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); aoo v. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) Standards f.or manufactured homes and recreational vehicles. a. All manufactured homes placed or substantially improved on individual lots or parcels in a ne'I.' or substantially improved manufactured home park or subdivision must meet all the requirements f.or new construction , including elevation and anchoring. b. All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: i. The lowest floor of the manufactured home is elevated no lower than 0.5 f.eet above the le\·el of the base flood elevation, or Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 15 of47 ii. The manufactuFed home chassis is supported by Feinforced pieFS or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the ground; and iii. The manufactured home must be secuFely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement; and iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of subsection (b)(4)b.i. and iii. above. c . All recreational vehicles placed on sites must either: i. Be fully licensed and ready for highway use (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 additions); ii. Meet all the requiFements for nei.•1 construction, including anchoring and elevation requirements of subsection (b)(4)b.i. or iii. above; or iii. Be on the site for fe•110r than 180 consecutive days. (c) Standards for areas of shallO'.v flooding (AO Zones). Located within areas of special flood hazards established in section 78 533(b) are areas designated as shallow flooding areas. These areas have flood hazards associated 'Nith base flood depths of one to three feet, where a clearly defined channel does not exist and the water path offloading is unpredictable and indeterminate. In such areas, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the base flood elevation or the South Florida 'Nater Management District zero discharge finished floor, whichever is greater. (2) All new construction and substantial improvements of nonresidential structures ~ a. Ha·.<e the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, elevated at least two feet above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater; or b. Together with attendant utility and sanitary facilities be completely flood proofed to the specified flood le·.<el so that any space below that lei.'el is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per subsection (b)(2) above. (d) Standards for subdivision proposals. Meeting Date: September 25, 2017 Ordinance 18, 201 7 I Ordinance 15, 201 7 Page 16 of 47 (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdi•lision 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; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), greater than the lesser of 50 lots or five acres. (e) Critical facilities. Construction of net.v critical facilities shall be , to the extent possible , located outside the limits of the special flood hazard area (SFHA) (100 year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lo·Nest floor elevated three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood'l.1aters. Access routes ele•.iated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Staff Comment: This provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 201 7, the proposed new Floodplain Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida. Sec. 78 53&. Variance procedures. (a) Designation of planning, zoning, and appeals board. The planning, zoning, and appeals board as established by the City Council of the City of Palm Beach Gardens shall hear and decide appeals and requests for variances from requirements of this subdivision. (b) Duties of planning , zoning, and appeals board. The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the floodplain administrators in the enforcement or administration of this subdivision. Any person aggrieved by the decision of the board may seek revie•.v by filing a petition for writ of certiorari in the circuit court as provided by general law in accordance with City Code Section 78 23(i). (c) Development order applications. Applications for development order approval for a variance shall be submitted and reviewed as provided in division 1 of article Ill. (d) Variance procedures. In passing upon such applications , the board shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this subdivision, in addition to the following : (1) The danger that materials may be s•.vept onto other lands to the injury of others; Meeting Date: September 25, 201 7 Ordinance 18, 2017 / Ordinance 15, 2017 Page 17 of47 (2) The danger of 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 to the facility of a 'Naterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (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; (Q) The safety of assess to the property in times of flood for ordinary and emergency vehicles; (10) The expected height, •.<elosity, duration, rate of rise , and sediment of transport of the flood 'Naters and the effects of wave action, if applicable, expected at the site; and (11) The costs of pro•,iding governmental services during and after flood conditions , including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, in addition to streets and bridges. (e) Conditions for ·,arianses. (1) Variances shall only be issued when there is: a. A showing of good and sufficient cause; b. A determination that failure to grant the \<arianse would result in exceptional hardship; and s. A determination that the granting of a variance will not result in increased flood heights , additional threats to public expense, create a nuisance, cause fraud on or the victimization of the public, or conflict with existing local lai.\<s or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. In the instance of an "historic structure," there must be a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (3) Any applicant to 'Nhom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the ele•.<ation to 'Nhish the lowest floor 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 community rating system administrator (planner) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (f) Variance notification. The community rating system administrator (planner) will maintain a record of all variance actions, including justification for their issuance, and report such •.<arianses issued in the city's biennial report submission to the Federal Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 18 of47 Emergency Management Agency. Any applicant to 'Nhom a variance is granted shall be given written notice that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the community rating system administrator (planner) in the official records of Palm Beach County and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (g) Historic structures. 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 continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure. (h) Special conditions. Upon consideration of the factors listed in section (e) above, and the purposes of this subdivision, the planning, zoning, and appeals board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subdivision. Secs. 78-531-78-540. -Reserved. Staff Comment: This provision strikes this language from Chapter 78. Land Development, and under Companion Ordinance 15, 2017, the proposed new Floodplain Regulations will be adopted into Chapter 86. Buildings and Building Regulations. with updates as required by the State of Florida. Subpart B. LAND DEVELOPMENT REGULATIONS CHAPTER 86. BUILDINGS AND GUILDING REGULATIONS. ARTICLE Ill. FLOODPLAIN MANAGEMENT. Sec. 86-35. Floodplain Ordinance. The City Council of the City of Palm Beach Gardens hereby adopts the Floodplain Management Ordinance through the adoption of the following chapters and sections generally conforming to the format of the Florida Building Code which is referenced therein. Further administrative amendments to Chapter 1. Administration. Of the Florida Building Code related to Floodplain Management Ordinance may also be found at Sec. 86-27 of the City Code of Ordinances. Meeting Date: September 25, 201 7 Ord inance 18, 201 7 / Ord inance 15, 20 17 Pa ge 19 of47 CHAPTER 1. ADMINISTRATION. SECTION 86-36. GENERAL. Sec. 86-37. Title. These regulations shall be known as the Floodplain Management Ordinance of the C ity of Palm Beach Gardens, hereinafter referred to as "this ordinance." Sec. 86-38. Scope. The prov1s1ons 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; placement, installation , or replacement of manufactured homes and manufactured buildings: installation or replacement of tanks: placement of recreational vehicles; installation of swimming pools: and any other development. Sec. 86-39. Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish min imum 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 publ ic service during times of flooding: (2) Require the use of appropriate construction practices in order t o prevent or minimize future flood damage : (3) Manage filling, grading, dredging , min ing, paving, excavat ion, dri lli ng operations , storage of equipment or materials, and other development which may increase flood damage or erosion potential : Meeting Date: September 25, 2017 Ord inance 18, 2017 / Ord inance 15 , 2017 Page 20 of47 (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 86-40. 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. 86-41. 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 that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. Sec. 86-42. Disclaimer of Liability. This ordinance shall not create liability on the part of the City Council of the City of Palm Beach Gardens 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. SECTION 86-43. APPLICABILITY. Sec. 86-44. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 86-45. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Palm Beach Gardens, as established in Section 86-46 of this ordinance. Meeting Date: September 25, 201 7 Ordinance 18, 201 7 I Ordinance 15, 201 7 Page 21 of 47 Sec. 86-46. 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 flood hazard areas. Studies and maps that establish flood hazard areas are on file at the office of the City Clerk of the City of Palm Beach Gardens. Sec.86-47. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Sections 86-70 through 86-74 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 flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this 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 flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 86-48. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state, or federal law. Sec. 86-49. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas . However, it is not intended to repeal or abrogate any existing ordinances, including, but not limited to, land development regulations, zoning ordinances, stormwater 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. 86-50. 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 state statutes. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 22 of 47 SECTION Sec. 86-51. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR. Sec. 86-52. Designation. The City Engineer is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 86-53. 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 Sections 86-82 through 86-90 of this ordinance. Sec. 86-54. 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 flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance: (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries: a person contesting the determination shall have the opportunity to appeal the interpretation: (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant: (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) 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 City Building Official, City Engineer, and/or designee to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. Meeti ng Date: September 25, 2017 Ordinance 18, 201 7 / Ordinance 15, 201 7 Page 23 of 47 Sec. 86-55. 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 City Building Official and other staff, 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 of the Florida Building Code and this ordinance is required. Sec. 86-56. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the City Building Official and other staff 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 Sections 86-82 through 86-90 of this ordinance. Sec. 86-57. Notices and orders. The Floodplain Administrator shall coord inate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. Sec. 86-58. Inspections. The Floodplain Administrator shall make the required inspections as specified in Sections 86-75 through 86-81 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. 86-59. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties , including, but not limited to: (1) Establish, in coordination with the City Building Official and other staff procedures for adm inistering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 86-55 of this ordinance; Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 24 of47 (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) 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; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Palm Beach Gardens are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." Sec. 86-60. 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; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the office of the City Clerk at City Hall in the City of Palm Beach Gardens. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ord inance 15, 20 17 Page 25 of 47 SECTION 86-61. PERMITS . Sec. 86-62. 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 City Build ing Official and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance w ith the requirements of this ordinance and all other applicable codes and regulations has been satisfied. Sec. 86-63. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures, and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. Sec. 86-64. 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 farm buildings on farms, as provided in Section 604 .50, F.S. (3) Temporary bu i ldings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices . (5) Those structures or facil ities 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 th is paragraph, the term "chickee " means an open - sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls , roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system . (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. Meeting Date: September 25, 2017 Ord ina nce 18, 2017 I Ord inance 15, 2017 Page 26 of47 Sec. 86-65. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address, or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed deve lopment is intended. (4) Be accompanied by a site plan or construction documents as specified in Sections 86-70 through 86 -74 of this ordinance. (5) State the valuation of the proposed work . (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. Sec. 86-66. 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 this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 86-67. 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. 86-68. 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 requ irement of this community. Sec. 86-69. 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 on-site sewage treatment and disposal systems: Section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes , or physical activities for shore protection or other activities seaward of the coastal construction control line; Section 161.141, F.S. Meeting Date: September 25, 2017 Ord inance 18, 2017 I Ordinance 15, 2017 Page 27 of 47 (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section 161.055, F.S. (5) 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. (6) Federal permits and approvals. SECTION 86-70. SITE PLANS AND CONSTRUCTION DOCUMENTS. Sec. 86-71. 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: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for rev iew of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 86 - 72(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 five (5) acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 86 -72(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 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 ev idence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Env ironmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to wa ive 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. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 28 of 47 Sec. 86-72. 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 applicant's base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain 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 flood 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 format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 86-73. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 86- 74 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 29 of47 (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood- carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 86-74 of this ordinance. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 86-74. 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 elevations, change floodway boundaries, 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. SECTION 86-75. INSPECTIONS. Sec. 86-76. General. Development for which a floodplain development permit or approval is required shall be subject to inspection. Sec. 86-77. 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. 86-78. 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. 86-79. 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 Meeti ng Date: September 25, 2017 Ord inance 18, 2017 / Ordinance 15, 2017 Page 30 of 47 (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 86-72(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. 86-80. 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 86-79 of this ordinance. Sec. 86-81. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. SECTION 86-82. VARIANCES AND APPEALS. Sec. 86-83. General. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to Section 553 .73(5), F.S ., the Building Board of Adjustment and Appeals 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. 86-84. Appeals. The Building Board of Adjustment and Appeals 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. 86-85. Limitations on authority to grant variances. The Building Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 86 -89 of this ordinance, the conditions of issuance set forth in Section 86-90 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the City Building Official. The Building Board of Adjustment and Appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance . Sec. 86-86. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 86-73 of this ordinance. Meeting Date: September 25, 2017 Ordinance 18, 2017 I Ordinance 15, 2017 Page 31 of47 Sec. 86-87. 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 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. 86-88. 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 meets the requirements of Section 86-86, 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. 86-89. Considerations for issuance of variances. In reviewing requests for variances, the Building Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, 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. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 32 of47 Sec. 86-90. 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 Building Board of Adjustment and Appeals 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 elevation of the lowest floor, stating 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 stating that construction below the base flood elevation increases risks to life and property. SECTION 86-91. VIOLATIONS. Sec. 86-92. 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. 86-93. 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 stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 33 of47 Sec. 86-94. 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. CHAPTER 2. DEFINITIONS. SECTION 86-95. GENERAL. Sec. 86-96. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Sec. 86-97. Terms defined in the Florida Building Code. 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. Sec. 86-98. Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 86-99. DEFINITIONS Alteration of a watercourse. A dam. impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. ASCE 24. A standard titled 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 (NAVO), 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}".] Meeting Date: Septembe r 25, 2017 Ordinance 18, 2017 / Ord inance 15, 2 01 7 Page 34 of47 Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F .S ., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves, or other predictable weather conditions . 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 V1 V30 , 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 (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 on 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 feet. [Also defined in FBC, B, 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 January 3 , 1979. [Also defined in FBC, B, Section 202 .] Existing manufactured home park or subdivision. 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 site grading or the pouring of concrete pads) is completed before January 3, 1979. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 35 of 47 Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets. and either final site grading or the pouring of concrete pads). 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, 8 1 Section 202.l (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.l Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.l (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.] 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.l 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 community, 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. Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 36 of 47 Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 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 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 Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map 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 Map 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 planimetric features. Meeting Date: September 25, 2017 Ord inance 18, 2017 / Ordi nance 15, 2017 Page 37 of47 Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been e levated by fill above the base flood e levation and is, therefore, no longer located within the spec ial 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 Map 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 (1) Des igned primari ly 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) Avai lable 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.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chass is and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer ." [Also defined in 15C -1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Meeting Date: September 25, 20 17 Ord inance 18, 2017 / Ordinance 15, 201 7 Page 38 of 47 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. Market 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 January 3, 1979, and includes any subsequent improvements to such structures. New manufactured home park or subdivision. 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 site grading or the pouring of concrete pads) is completed on or after January 3, 1979. 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.) (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 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. 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 Zones A, AO, A 1 A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.] Start of construction. The date of issuance of permits 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 date of Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 39 of 47 the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, 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 forms 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.] 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, 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 performed. The term does not, however. include either: [Also defined in FBC, B. Section 202.] (1) Any project for improvement of a building required to correct existing health, sanitary. or safety code violations identified by the City 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. [See Instructions and Notes.] 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. Watercourse. A river. creek. stream, channel. or other topographic feature in. on, through. or over which water flows at least periodically. CHAPTER 3. FLOOD RESISTANT DEVELOPMENT. SECTION 86-100. BUILDINGS AND STRUCTURES. Sec. 86-101. Design and construction of buildings, structures, and facilities exempt from the Florida Building Code. Pursuant to Section 86-64 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 Meet ing Date: Septe mber 25, 2017 Ord inance 18, 2017 / O rdi nance 15, 2017 Page 40 of 47 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 Sections 86-130 through 86-138 of this ordinance. Sec. 86-102. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part , seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comp ly w ith the more restrictive applicable requirements of the Florida Building Code, Build ing Section 3109 and Section 1612, or Florida Building Code, Residential Section R322 . (2) Minor structures and non-habitab le major structures as defined in sect ion 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. SECTION 86-103. SUBDIVISIONS. Sec. 86-86-104. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivis ions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to m inimize flood damage and will be reasonably safe from flooding; (2) All public uti lities and facilities such as sewer , gas, electric, communications, and water systems are located and constructed to minimize or elim inate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards ; in Zones AH and AO, adequate drainage paths shall be prov ided to gu ide floodwaters around and away from proposed structures . Sec. 86-105. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be requ ired: (1) Delineation of flood hazard areas, floodway boundaries 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 five (5) acres and base flood elevations are not included on the FIRM, the base flood e levations determined in accordance with Section 86 -72(1) of this ordinance; and (3) Compliance with the site improvement and utilities requ irements of Section 86-106 through 86 -112 of this ordinance . SECTION 86-106. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS. Sec. 86-107. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to m inimize flood damage and will be reasonably safe from flooding; Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page41 of47 (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. 86-108. 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 on-site 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 flood waters, and impairment of the facilities and systems. Sec. 86-109. 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. 86-110. Limitations on sites in regulatory floodwavs. No development, including, but not limited to, site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 86-73(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 86-111. Limitations on placement of fill. Subject to the limitations of this ordinance, fill 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. 86-112. 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 86-73(4) 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 86-138(3) of this ordinance. Meeting Date: September 25, 2017 Ordinance 18, 2017 I Ordinance 15, 2017 Page 42 of 47 SECTION 86-113. MANUFACTURED HOMES. Sec. 86-114. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 86-115. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. Foundations for manufactured homes subject to Section 86-119 of this ordinance are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. Sec. 86-116. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. Sec. 86-117. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 86-118 or Section 86-119 of this ordinance, as applicable. Sec. 86-118. General elevation requirement. Unless subject to the requirements of Section 86-119 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 43 of47 Sec. 86-119. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 86-118 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: ( 1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code. Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 86-120. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or Section R322.3 for such enclosed areas, as applicable to the flood hazard area. Sec. 86-121. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 86-122. RECREATIONAL VEHICLES AND PARK TRAILERS. Sec. 86-123.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 (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 . Sec. 86-124. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 86-123 of this ordinance for temporary placement shall meet the requirements of Sections 86-113 through 86-121 of this ordinance for manufactured homes . SECTION 86-125. TANKS. 86-126. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, 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 . Meeting Date: September 25, 201 7 Ord inance 18, 2017 / Ordinance 15, 201 7 Page 44 of47 Sec. 86-127. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 86-128 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 flotation, 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-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). Sec. 86-128. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sec. 86-129. 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 flood. SECTION 86-130. OTHER DEVELOPMENT. 86-131. 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) Meet the limitations of Section 86-110 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; and (5) 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 safety 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. 86-132. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 86-110 of this ordinance. I ___J Meeting Date: September 25, 2017 Ord inance 18, 2017 / Ordinance 15, 2017 Page 45 of47 Sec. 86-133. Retaining walls, sidewalks, and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 86-110 of this ordinance. Sec. 86-134. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side that encroach into regulated floodways shall meet the limitations of Section 86-110 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 86-73(3) of this ordinance. Sec. 86-135. 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. 86-136. Decks and patios in coastal high hazard areas (Zone V). In addition to the 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 of 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 flooding 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 run up and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures . Meeting Date: September 25 , 201 7 Ordinance 18, 2017 / Ord inance 15, 201 7 Page 46 of 47 (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. 86-137. 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 fail 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. 86-138. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one · (1) unit vertical to five (5) units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave run up 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. Secs. 86-139. -86-150. Reserved. Staff Comment: This provision adds the Jang ~ ,age stricken from Chapter 78. Land Development into Chapter 86 . Buildings and Building Regulations with updates as required by the State of Florida . STAFF ANALYSIS Meeting Date: September 25, 2017 Ordinance 18, 2017 / Ordinance 15, 2017 Page 47 of 47 Ordinance 18, 2017 proposes in its entirety to repeal the previously adopted and now outdated Floodplain Regulations from the City's Code. Companion Ordinance 15, 2017 will adopt updated Floodplain Regulations consistent with the Florida Division of Emergency Management's Model Ordinance to be located in Chapter 86 . Buildings and Building Regulations. Upon adoption, Ordinance 15, 2017 will permit the efficient coordination of floodplain management with the regulations of the Florida Building Code. The new FEMA Flood Insurance Rate Maps propose to significantly modify and contract the City's affected Special Flood Hazard Areas (SFHA) and reduce the number of residential parcels contained within a SFHA to one parcel containing two residential dwelling units. Only properties within a SFHA with federally backed mortgages are required to obtain and maintain flood insurance. PLANNING, ZONING, AND APPEALS BOARD (PZAB) The PZAB reviewed the subject petition at its meeting on August 8, 2017 , and recommended approval to the City Council by a vote of 7 to 0. CITY COUNCIL ACTION: On September 7, 2017 , the City Council approved Ordinance 15, 2017 on first reading by a vote of 5 to O and Ordinance 18, 2017 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 15, 2017 and Ordinance 18, 2017 as presented on second and final reading. 1 ORDINANCE 15, 2017 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86. 6 BUILDINGS AND BUILDING REGULATIONS. BY REPEALING 7 ARTICLE II. STANDARDS. AND ADOPTING A NEW ARTICLE Ill. 8 ENTITLED FLOODPLAIN MANAGEMENT. ADOPTING STATE OF 9 FLORIDA FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING 10 THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 11 CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS. SHALL 12 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 13 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 14 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 15 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida 19 Statutes, conferred upon local governments the authority to adopt regulations designed 20 to promote the public health, safety , and general welfare of its citizenry ; and 21 22 WHEREAS, the Federal Emergency Management Agency has identified special 23 flood hazard areas within the boundaries of the City of Palm Beach Gardens, and such 24 areas may be subject to periodic inundation that may result in loss of life and property, 25 health and safety hazards , disruption of commerce and governmental services , 26 extraordinary public expenditures for flood protection and relief, and impairment of the tax 27 base, all of which adversely affect the public health , safety, and general welfare ; and 28 29 WHEREAS, the City of Palm Beach Gardens was accepted for participation in the 30 National Flood Insurance Program on January 3 , 1979, and the City Council of the City 31 Palm Beach Gardens desires to continue to meet the requirements of T itle 44 Code of 32 Federal Regulations, Sections 59 and 60, necessary for such participation ; and 33 34 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature 35 to provide a mechanism for the uniform adoption, updating , amendment, interpretation , 36 and enforcement of a state building code called the Florida Building Code; and 37 38 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 39 that it is in the public interest to adopt the proposed floodplain management regulations 40 that are coordinated with the Florida Building Code. 41 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 44 OF PALM BEACH GARDENS, FLORIDA, that: 45 46 Ordinance 15, 2017 1 SECTION 1. Chapter 86. Buildings and Building Regulations. of the Code of 2 Ordinances of the City of Palm Beach Gardens is hereby amended by repealing Article 3 II. Standards. and readopting an entirely new Article II. to read as follows: 4 5 Secs. 86-26 -86-30. [These sections shall remain as previously adopted.] 6 7 Secs. 86-31 -86-34. Reserved. 8 9 SECTION 2. Chapter 86. Buildings and Building Regulations. of the Code of 10 Ordinances of the City of Palm Beach Gardens is hereby amended by adopting a new 11 Article Ill. entitled Floodplain Management providing that the new Article Ill. shall read as 12 follows : 13 14 See Exhibit "A" attached hereto and made a part hereof. 15 16 SECTION 3. The foregoing recitals are hereby affirmed and ratified. 17 18 SECTION 4. For the purposes of jurisdictional applicability, this Ordinance shall 19 apply in the City of Palm Beach Gardens. This Ordinance shall apply to all applications 20 for development, including building permit applications and subdivision proposals, 21 submitted on or after the effective date of this Ordinance. 22 23 SECTION 5. All ordinances or parts of ordinances in conflict be and the same are 24 hereby repealed . 25 26 SECTION 6. Should any section or prov1s1on of this Ordinance or any portion 27 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 28 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance . 29 30 SECTION 7. Specific authority is hereby given to codify this Ordinance. 31 32 SECTION 8. This Ordinance shall become effective immediately upon adoption . 33 34 35 (The remainder of this page intentionally left blank) 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 15, 20 17 PASSED this ~ay of<.~M b-e( , 2017, upon first reading . PASSED AND ADOPTED this day of , 2017, upon second and final reading . CITY OF PALM BEACH GARDENS BY: --------------Maria G. Marino, Mayor Mark T. Marciano, Vice Mayor Carl Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A Litt, Councilmember ATTEST: BY : -------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney FOR G :\attorney_share\ORDINANCES\2017\0rdinance 15 2017-Floodplain Ordinance.docx Page 3 of 3 AGAINST ABSENT EXHIBIT "A" ARTICLE Ill. FLOODPLAIN MANAGEMENT. Sec. 86-35. Floodplain Ordinance. The City Council of the City of Palm Beach Gardens hereby adopts the Floodplain Management Ordinance through the adoption of the following chapters and sections generally conforming to the format of the Florida Building Code which is referenced therein . Further administrative amendments to Chapter 1. Administration . Of the Florida Building Code related to Floodplain Management Ordinance may also be found at Sec. 86-27 of the City Code of Ordinances. CHAPTER 1. ADMINISTRATION. SECTION 86-36. GENERAL. Sec. 86-37. Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Palm Beach Gardens , hereinafter referred to as "this ordinance." Sec. 86-38. Scope. The prov1s1ons of this ordinance shall app ly to all development that is wholly within or partially within any flood hazard area, including , but not limited to, the subdivision of land ; filling, grading , and other site improvements and utility installations; construction, alteration , remodeling , enlargement, improvement, replacement, repair , relocation or demolition of buildings , structures, and facilities that are exempt from the Florida Building Code; placement , installation , or replacement of manufactured homes and manufactured buildings ; installation or replacement of tanks ; placement of recreational vehicles ; installation of swimming pools ; and any other development. Sec. 86-39. 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 ; 1 (4) Manage the alteration of flood hazard areas , watercourses , and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain ; (5) Minimize damage to public and private facilities and utilities ; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas ; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events ; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations , Section 59 .22. Sec. 86-40. 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. 86-41. 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 that uses permitted within such flood hazard areas , will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations , Sections 59 and 60 may be revised by the Federal Emergency Management Agency , requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use , existing use, or future use is implied or expressed by compliance with this ordinance. Sec. 86-42. Disclaimer of Liability. This ordinance shall not create liability on the part of the City Council of the City of Palm Beach Gardens 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 . SECTION 86-43. APPLICABILITY. Sec. 86-44. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable . Sec. 86-45. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Palm Beach Gardens , as established in Section 86-46 of this ordinance . 2 Sec. 86-46. 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 flood hazard areas. Studies and maps that establish flood hazard areas are on file at the office of the City Clerk of the City of Palm Beach Gardens. Sec.86-47. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations , pursuant to Sections 86-70 through 86-74 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 flood elevation, even in areas not delineated as a special flood hazard area on a FIRM , the area shall be considered as flood hazard area and subject to the requirements of this 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 flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 86-48. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state, or federal law . Sec. 86-49. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas . However, it is not intended to repeal or abrogate any existing ordinances , including , but not limited to, land development regulations, zoning ordinances, stormwater 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. 86-50. 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 state statutes. 3 SECTION Sec. 86-51. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR. Sec. 86-52. Designation. The City Engineer is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 86-53. 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 Sections 86-82 through 86-90 of this ordinance. Sec. 86-54. 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 flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information ; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding ; (7) Issue floodplain development permits or approvals for development other than buildings and I 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 City Building Official , City Engineer, and/or designee to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 4 Sec. 86-55. 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 City Building Official and other staff, 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 of the Florida Building Code and this ordinance is required . Sec. 86-56. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the City Building Official and other staff 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 Sections 86-82 through 86-90 of this ordinance. Sec. 86-57. 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. 86-58. Inspections. The Floodplain Administrator shall make the required inspections as specified in Sections 86-75 through 86-81 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. 86-59. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including , but not limited to: (1) Establish, in coordination with the City Building Official and other staff procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 86-55 of this ordinance ; 5 (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) 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; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Palm Beach Gardens are modified ; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction ; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." Sec. 86-60. 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; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained ; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the office of the City Clerk at City Hall in the City of Palm Beach Gardens. 6 SECTION 86-61. PERMITS. Sec. 86-62. 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 City Building Official 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. 86-63. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures, and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. Sec. 86-64. 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 farm buildings on farms, as provided in Section 604 .50 , F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4 ) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366 .02, F.S., which are directly involved in the generation , transmission , or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida . As used in this paragraph , the term "chickee" means an open- sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials , and that does not incorporate any electrical , plumbing , or other non-wood features . (7) Fam ily 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. 7 Sec. 86-65. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community . The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description , street address, or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended . (4) Be accompanied by a site plan or construction documents as specified in Sections 86-70 through 86-74 of this ordinance . (5) State the valuation of the proposed work . (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. Sec. 86-66. 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 this community . The issuance of permits based on submitted applications, construction documents , and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 86-67. 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. 86-68. 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. 86-69. 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 on-site sewage treatment and disposal systems; Section 381.0065 , F.S . and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes , or physical activities for shore protection or other activities seaward of the coastal construction control line; Section 161 .141 , F.S. 8 (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section 161.055, F.S. (5) 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. (6) Federal permits and approvals. SECTION 86-70. SITE PLANS AND CONSTRUCTION DOCUMENTS. Sec. 86-71. 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: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 86- 72(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 five (5) acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 86-72(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 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) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. 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. 9 Sec. 86-72. 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 applicant's base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source , where the available data are deemed by the Floodplain 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 flood 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 format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees . Sec. 86-73. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity , and in add ition to the requirements of this section , the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway , a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall subm it such analysis to FEMA as specified in Section 86- 74 of this ordinance and shall submit the Conditional Letter of Map Revision , if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated , hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community . This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH . 10 (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood- carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 86-74 of this ordinance. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 86-74. 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 elevations, change floodway boundaries, 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. SECTION 86-75. INSPECTIONS. Sec. 86-76. General. Development for which a floodplain development permit or approval is required shall be subject to inspection . Sec. 86-77. 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. 86-78. 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. 86-79. 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 11 (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 86-72(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. 86-80. 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 86-79 of this ordinance . Sec. 86-81. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. SECTION 86-82. VARIANCES AND APPEALS. Sec. 86-83. General. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to Section 553.73(5), F.S., the Building Board of Adjustment and Appeals 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. 86-84. Appeals. The Building Board of Adjustment and Appeals 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. 86-85. Limitations on authority to grant variances. The Building Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 86-89 of this ordinance, the conditions of issuance set forth in Section 86-90 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the City Building Official. The Building Board of Adjustment and Appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance . Sec. 86-86. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result , as evidenced by the applicable analyses and certifications required in Section 86-73 of this ordinance . 12 Sec. 86-87. 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 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. 86-88. 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 meets the requirements of Section 86-86, 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. 86-89. Considerations for issuance of variances. In reviewing requests for variances, the Building Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors , all other applicable provisions of the Florida Building Code, 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. 13 Sec. 86-90. 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 Building Board of Adjustment and Appeals 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 elevation of the lowest floor, stating 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 stating that construction below the base flood elevation increases risks to life and property . SECTION 86-91. VIOLATIONS. Sec. 86-92. 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. 86-93. 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 stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 14 Sec. 86-94. Unlawful continuance . Any person who shall continue any work after having been served with a notice of v iolation or a stop work order, except such work as that perso n is directed to perform to remove or remedy a violation or unsafe condition , shall be subject to penalties as prescribed by law. CHAPTER 2. DEFINITIONS. SECTION 86-95. GENERAL. Sec. 86-96 . Scope. Unless otherwise expressly stated , the follow i ng words and terms shall , for the purposes of this ordinance, have the meanings shown in th is section . Sec. 86-97. Terms defined in the Florida Building Code. 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 . Sec. 86-98. Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code , such terms shall have ordinarily accepted meanings such as the context implies . SECTION 86-99. DEFINITIONS Alteration of a watercourse. A dam , impoundment, channel relocation , change in channel alignment, channelization , or change in cross-sectional area of the channel or the channel capacity , or any other form of modification which may alter, impede , retard , or change the direction and/or velocity of the riverine flow of water during conditions of the base flood . Appeal. A request for a review of the Floodplain Adm inistrator's interpretation of any provision of this ordinance. ASCE 24. A standard titled 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 yea r. [Also defined in FBC, B, Section 202 .] The base flood is common ly referred to as the "1 00 year flood" or the "1-percent-annua l 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 (NAVO), 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 (fo r flood loads )".] 15 Coastal construction control line. The line established by the State of Florida pursuant to section 161 .053, F.S ., and recorded in the official records of the community , which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves , or other predictable weather conditions. 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 V1 V30 , 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 (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 on 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 feet. [Also defined in FBC, B, 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 January 3, 1979 . [Also defined in FBC , B, Section 202.] Existing manufactured home park or subdivision. 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 site grading or the pouring of concrete pads) is completed before January 3, 1979. 16 Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construct ion of facilities for servicing the lots on wh ich the manufactured homes are to be affixed (including the i nstallation of ut ilities , the construction of streets , and either final site grading or the pouring of concrete pads ). 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 F8C , 8, Section 202 .] (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 F8C, 8, Section 202 .] Flood hazard area. The greater of the following two areas : [Also defined in F8C , 8 , 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 F8C , 8 , Section 202 .] 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.] 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 community , 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 . 17 Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC , 8, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 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 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 Rate Map or Flood Insurance Study. Letters of Map Change include : Letter of Map 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 Map 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 planimetric features . 18 Letter of Map 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 Map 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.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101 , F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. 19 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. Market 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 January 3, 1979, and includes any subsequent improvements to such structures. New manufactured home park or subdivision. 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 site grading or the pouring of concrete pads) is completed on or after January 3, 1979 . 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.) (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 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. 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 Zones A, AO , A 1 A30, AE, A99 , AH , V1 V30, VE or V. [Also defined in FBC, B Section 202.] Start of construction. The date of issuance of permits 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 date of 20 the issuance . The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site , such as the pouring of slab or footings, the installation of piles, 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 forms 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.] 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, 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 performed . The term does not, however, include either: [Also defined in FBC, B, Section 202.] (1) Any project for improvement of a building required to correct existing health , sanitary , or safety code violations identified by the City 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 . [See Instructions and Notes .] 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. Watercourse. A river , creek , stream, channel , or other topographic feature in , on , through , or over which water flows at least periodically . CHAPTER 3. FLOOD RESISTANT DEVELOPMENT. SECTION 86-100. BUILDINGS AND STRUCTURES. Sec. 86-101. Design and construction of buildings, structures, and facilities exempt from the Florida Building Code. Pursuant to Section 86-64 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 21 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 Sections 86-130 through 86-138 of this ordinance. Sec. 86-102. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612, or Florida Building Code, Residential Section R322. (2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. SECTION 86-103. SUBDIVISIONS. Sec. 86-86-104. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, 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. 86-105. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required : (1) Delineation of flood hazard areas, floodway boundaries 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 five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 86-72(1) of this ordinance; and (3) Compliance with the site improvement and utilities requirements of Section 86-106 through 86-112 of this ordinance. SECTION 86-106. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS. Sec. 86-107. 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; 22 (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. 86-108. 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 on-site 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 flood waters, and impairment of the facilities and systems. Sec. 86-109. 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. 86-110. Limitations on sites in regulatory floodways. No development, including , but not limited to, site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 86-73(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation . Sec. 86-111. Limitations on placement of fill. Subject to the limitations of this ordinance , fill 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. 86-112. 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 86-73(4) 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 86-138(3) of this ordinance. 23 t --------------------------------------------, SECTION 86-113. MANUFACTURED HOMES. Sec. 86-114. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249 , F.S., and shall comply with the requirements of Chapter 15C-1 , F .A. C. and the requirements of this ordinance . If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 86-115. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Bu ilding Code, Residential Section R322.2 and this ordinance. Foundations for manufactured homes subject to Section 86-119 of this ordinance are permitted to be reinforced piers or other foundation elements of at least equivalent strength . (2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code , Residential Section R322 .3 and this ordinance. Sec. 86-116. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation , collapse, or lateral movement. Methods of anchoring include , but are not limited to , use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. Sec. 86-117. Elevation. Manufactured homes that are placed , replaced , or substantially improved shall comply with Section 86-118 or Section 86-119 of this ordinance , as applicable. Sec. 86-118. General elevation requirement. Unless subject to the requirements of Section 86-119 of this ordinance, all manufactured homes that are placed , replaced , or substantially improved on sites located : (a) outside of a manufactured home park or subdivision ; (b) in a new manufactured home park or subdivision ; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood , shall be elevated such that the bottom of the frame is at or above the elevation required , as applicable to the flood hazard area , in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 24 Sec. 86-119. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 86-118 of this ordinance, including manufactured homes that are placed , replaced, or substantially improved on sites located in an existing manufactured home park or subdivision , unless on a site where substantial damage as result of flooding has occurred , shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required , as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322 .3 (Zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in he ight above grade. Sec. 86-120. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or Section R322.3 for such enclosed areas, as applicable to the flood hazard area. Sec. 86-121. Utility equipment. Utility equipment that serves manufactured homes , including electric, heating, ventilation , plumbing , and air conditioning equipment and other service facilities , shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 86-122. RECREATIONAL VEHICLES AND PARK TRAILERS. Sec. 86-123.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 (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. Sec. 86-124. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 86-123 of this ordinance for temporary placement shall meet the requirements of Sections 86 -113 through 86-121 of this ordinance for manufactured homes. SECTION 86-125. TANKS. 86-126. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation , 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 . 25 Sec. 86-127. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 86-128 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 flotation, 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-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). Sec. 86-128. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the design flood . Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sec. 86-129. 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 flood . SECTION 86-130. OTHER DEVELOPMENT. 86-131. 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) Meet the limitations of Section 86-110 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation , collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy , during conditions of the design flood ; (4) Be constructed of flood damage-resistant materials; and (5) 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 safety 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. 86-132. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 86-110 of this ordinance . 26 Sec. 86-133. Retaining walls, sidewalks, and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 86-110 of this ordinance. Sec. 86-134. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side that encroach into regulated floodways shall meet the limitations of Section 86-110 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 86-73(3) of this ordinance. Sec. 86-135. 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. 86-136. Decks and patios in coastal high hazard areas (Zone V). In addition to the 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 of 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 flooding 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 run up and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures . 27 (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. 86-137. 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 fail 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. 86-138. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings . (2) Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall be permitted only if 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 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 run up 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 . Secs. 86-139. -86-150. Reserved. 28 1 ORDINANCE 18, 2017 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS. BY REPEALING 7 IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS. 8 IN ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY 9 CODE AND TO REMOVE DUPLICATIVE SECTIONS; RESERVING 10 DIVISION 10. AND SECTIONS 78-531-78-540. FOR FUTURE 11 LEGISLATION; PROVIDING THAT EACH AND EVERY OTHER 12 SECTION AND SUBSECTION OF CHAPTER 78. LAND 13 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS 14 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 15 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 16 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 18 19 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 20 that various sections of Chapter 78 of the City's Code of Ordinances relating to Floodplain 21 Regulations need to be amended in order to provide internal consistency; and 22 23 WHEREAS, this Ordinance was reviewed by the Planning , Zoning , and Appeals 24 Board , sitting as the Local Planning Agency , at a public hearing on August 8, 2017 , and 25 the Board recommended approval by a vote of :2.. to _()_; and 26 27 WHEREAS, the City Council deems approval of this Ordinance to be in the best 28 interests of the health , safety, and welfare of the residents and citizens of the City of Palm 29 Beach Gardens and the public at large. 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA, that: 34 35 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the 36 City of Palm Beach Gardens, Florida is hereby amended by repealing Subdivision VI. 37 Floodplain Regulations. in its entirety to provide internal consistency with City Code and 38 to remove duplicative sections and reserving Subdivision VI. And Sections 78-531 -78- 39 540. for future legislation ; providing that Subdivision VI. shall hereafter read as follows: 40 41 Subdivision VI. Floodplain Regulations. Reserved. 42 43 Seo. 78 531. Purpose, objeotives and methods. 44 45 46 Page 1 of 20 Ordinance 18, 2017 1 (a) Statement of purpose. It is the purpose of this subdivision to promote the public 2 health, safety and general welfare and to minimize public and private losses due to flood 3 conditions in specific areas by provisions designed to: 4 (1) Restrict or prohibit uses which are dangerous to health, safety and property due 5 to water or erosion hazards, which result in damaging increases in erosion or in flood 6 heights or velocities; 7 8 (2) Require that uses vulnerable to floods, including facilities 'Nhich serve such uses , 9 be protected against flood damage at the time of initial construction; 10 11 (3) Control the alteration of natural floodplains, stream channels , and natural 12 protective barriers which are invol•,ed in the accommodation of flood waters ; 13 14 (4) Control filling, grading, dredging and other development which may increase 15 erosion or flood damage; and 16 17 (5) Pre·,ent or regulate the construction of flood barriers which will unnaturally divert 18 floodwaters or which may increase flood hazards to other lands. 19 20 (b) Objectives. The objectives of this subdivision are: 21 22 (1) To protect human life and health; 23 24 (2) To minimize the expenditure of public money for costly flood control projects; 25 26 (3) To minimize the need for rescue and relief efforts associated with flooding and 27 generally undertaken at the expense of the general public ; 28 29 (4) To minimize prolonged business interruptions; 30 31 (5) To minimize damage to public facilities and utilities such as water and gas mains, 32 electric and telephone and sewer lines, streets and bridges located in floodplains; 33 34 (6) To help maintain a stable tax base by providing f.or the sound use and 35 development of flood prone areas in such a manner as to minimize flood blight areas ; and 36 37 (7) To ensure that potential homebuyers are notified that property is in a flood area. 38 39 (c) Methods. In order to accomplish its purposes, this subdivision includes methods 40 and provisions f.or: 41 42 (1) Restricting or prohibiting uses which are dangerous to health, safety, and property 43 due to water or erosion hazards, or 1.uhich result in damaging increases in erosion or in 44 flood heights or velocities ; 45 46 Page 2 of 20 Ordinance 18 , 2017 1 (2) Requiring that uses vulnerable to floods, including facilities which serve such uses , 2 be protected against flood damage at the time of initial construction ; 3 4 (3) Controlling the alteration of natural floodplains, stream channels, and natural 5 protective barriers •.vhich help accommodate or channel flood waters; 6 7 (4) Controlling filling, grading, dredging and other development v.ihich may increase 8 flood damage; and 9 1 O (5) Preventing or regulating the construction of flood barriers that •.viii unnaturally 11 divert flood waters or may increase flood hazards in other areas. 12 13 Sec. 78 532. Definitions. 14 15 The following words, terms, and phrases, when used in this subdivision, shall have 16 the meanings ascribed herein , except where the context clearly indicates a different 17 meaning: 18 19 Appeal means a request for a review of the floodplain administrator's interpretation 20 of any provision of this subdivision or a request for a variance . 21 22 Area of shallow flooding means a designated AO or AH Zone on the community's 23 Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a 24 clearly defined channel does not exist, •,t.ihere the path of flooding is unpredictable and 25 indeterminate, and where velocity flmv may be evident. Such flooding is characterized by 26 ponding or sheet flo•N. 27 28 Area of special flood hazard is the land in the floodplain within a community subject 29 to a one peroent or greater chance of flooding in any given year. 30 31 Base flood means the flood having a one percent chance of being equaled or 32 exceeded in any given year (also called the "100 year flood"). Base flood is the term used 33 throughout this subdivision. 34 35 Basement means that portion of a building having its floor sub grade (below ground 36 level) on all sides. 37 38 Building. See structure. 39 40 Critical facility means a facility for which even a slight chance of flooding might be too 41 great. Critical facilities include, but are not limited to schools , nursing homes, hospitals , 42 police, fire and emergency response installations , installations which produce, use or 43 store hazardous materials or hazardous waste. 44 45 46 Page 3 of 20 Ordinance 18, 201 7 1 Development means any man made change to improved or unimpro•,ed real estate, 2 including, but not limited to, buildings or other structures, mining, dredging, filling, grading, 3 paving , excavating, drilling operations, or permanent storage of materials or equipment. 4 5 Ele•,ated building means a non basement building built to have the loi.•,est floor 6 elevated abo•,e the ground level by means of fill, solid foundation perimeter walls , pilings , 7 columns (posts and piers), shear •.valls, or breakaway •.valls. 8 9 Existing construction means any structure for which the "start of construction" 10 commenced prior to the effective date of this subdivision. 11 12 Existing manufactured home park or subdivision means a manufactured home park 13 or subdivision for which the construction of facilities for servicing the lots on which the 14 manufactured homes are to be affixed (including at a minimum the installation of utilities , 15 the construction of streets, and either final site grading or the pouring of concrete pads) 16 is completed before the effective date of the floodplain management regulations adopted 17 by the city. 18 19 Expansion to an existing manufactured home park or subdi•,ision means the 20 preparation of additional sites by the construction of facilities for servicing the lots on 21 which the manufactured homes are to be affixed (including the installation of utilities , the 22 construction of streets , and either final site grading or the pouring of concrete pads). 23 24 Flood or flooding means a general and temporary condition of partial or complete 25 inundation of normally dry land areas from: 26 27 (1 ) The overflow of inland or tidal waters; 28 29 (2) The unusual and rapid accumulation or runoff of surface waters from any source. 30 31 Flood Boundary and Flood•;.iay Map (FBFM) means the official map on which the 32 Federal Emergency Management Agency (FEMA) or Federal Insurance Administration 33 (FIA) has delineated the areas of flood hazards and regulatory floodway . 34 35 Flood Hazard Boundary Map (FHBM) means an official map of a community , issued 36 by FEMA, where the boundaries of the areas of special flood hazard have been identified 37 as Zone A. 38 39 Flood Insurance Rate Map (FIRM) means an official map of a community , on which 40 FEMA has delineated both the areas of special flood hazard and the risk premium zones 4 1 applicable to the community. 42 43 Flood Insurance Study (FIS) is the official hydraulic & hydrologic report pro•,ided by 44 FEMA. The report contains flood profiles, as well as the FIRM , FHBM (where applicable) 45 and the water surface elevation of the base flood. 46 Page 4 of 20 Ordinance 18, 2017 1 Floodplain means any land area susceptible to flooding. 2 3 Floodplain management means the operation of an overall program of corrective and 4 preventive measures for reducing flood damage and preserving and enhancing, where 5 possible, natural resources in the floodplain, including but not limited to emergency 6 preparedness plans, flood control works, floodplain management regulations, and open 7 space plans. 8 9 Floodplain management regulations means this subdivision and other zoning 10 ordinances, subdivision regulations, building codes, health regulations, special purpose 11 ordinances, and other applications of police power which control development in flood 12 prone areas. This term describes federal, state or local regulations in any combination 13 thereof, •.vhich provide standards for preventing and reducing flood loss and damage. 14 15 Floodway means the channel of a river or other watercourse and the adjacent land 16 areas that must be reserved in order to discharge the base flood without cumulatively 17 increasing the water surface elevation more than one foot. 18 19 Hardship (as related to variances from the requirements of this subdivision) means 20 the exceptional hardship that would result from a failure to grant the requested variance. 21 The Planning, zoning, and appeals board requires that the variance is exceptional, 22 unusual, and peculiar to the property involved. Mere economic or financial hardship alone 23 is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, 24 personal preferences, or the disapproval of one's neighbors likev,ise cannot, as a rule, 25 qualify as an exceptional hardship. All of these problems can be resolved through other 26 means without granting a variance, even if the alternative is more expensi•.ie, or requires 27 the property owner to build elsewhere or put the parcel to a different use than originally 28 intended. 29 30 Highest adjacent grade means the highest natural elevation of the ground surface, 31 prior to the start of construction, next to the proposed walls of a building. 32 33 Historic structure means any structure that is: 34 35 (1) Listed individually in the National Register of Historic Places (a listing maintained 36 by the Department of Interior) or preliminarily determined by the Secretary of the Interior 37 as meeting the requirements for indi•.iidual listing on the National Register: 38 39 (2) Certified or preliminarily determined by the Secretary of the Interior as contributing 40 to the historical significance of a registered historic or a district preliminarily determined 41 by the Secretary to qualify as a registered historic district: 42 43 (3) Individually listed on a state inventory of historic places in states with historic 44 preservation programs which have been approved by the Secretary of the Interior; or 45 46 Page 5 of 20 Ordinance 18, 2017 1 (4) Individually listed on a local inventory historic places in communities \•1ith historic 2 preservation programs that have been certified either: 3 4 a. By an approved state program as determined by the Secretary of the Interior, or 5 6 b. Directly by the Secretary of the Interior in states without approved programs. 7 8 Lowest adjacent grade means the lowest elevation, after the completion of 9 construction, of the ground, sidewalk, patio, deck support, or basement entryway 10 immediately next to the structure. 11 12 Lowest floor means the lowest floor of the lowest enclosed area (including basement). 13 An unfinished or flood resistant enclosure, used solely for parking of vehicles, building 14 access, or storage, in an area other than a basement, is not considered a building's lov.iest 15 floor, provided that such enclosure is not built so as to render the structure in violation of 16 the nonelevation design standards of this subdi'1ision. 17 18 Manufactured home means a building, transportable in one or more sections,· which 19 is built on a permanent chassis and designed to be used with or without a permanent 20 foundation •;.ihen connected to the required utilities. The term also includes park trailers, 21 travel trailers, and similar transportable structures placed on a site for 180 consecuti\'e 22 days or longer and intended to be improved property. 23 24 Manufactured home park or subdivision means a parcel (or contiguous parcels) of 25 land di'1ided into two or more manufactured home lots for rent or sale. 26 27 Market value means the building value, e*cluding the land (as agreed to between a 28 willing buyer and seller), as established by what the local real estate market will bear. 29 Market value can be established by independent certified appraisal, replacement cost 30 depreciated by age of building (actual cash value) or adjusted assessed values. 31 32 Mean sea le\'el means the average height of the sea for all stages of the tide. It is 33 used as a reference for establishing various elevations within the floodplain. F'or purposes 34 of this subdivision, the term is synonymous with National Geodetic Vertical Datum 35 (NGVD). 36 37 National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a ,,ertical control 38 used as a reference for establishing varying elevations within the floodplain. 39 40 New construction means any structure for which the "start of construction" 41 commenced after effective date of this subdivision. The term also includes any 42 subsequent improvements to such structures. 43 44 45 46 Page 6 of 20 Ord inance 18, 2017 1 New manufactured home park or subdi•1ision means a manufactured home park or 2 subdivision for which the construction of facilities for servicing the lots on 'Nhich the 3 manufactured homes are to be affixed (including at a minimum , the installation of utilities, 4 the construction of streets, and either final site grading or the pouring of concrete pads) 5 is completed on or after the effective date of floodplain regulations adopted by the city. 6 7 Nuisance means anything which is injurious to safety or health of an entire community 8 or neighborhood, or any considerable number of persons, or unlavlfully obstructs the free 9 passage or use , in the customary manner, of any navigable lake, or river , bay , stream , 10 canal, or basin. 11 12 Obstruction includes , but is not limited to, any dam , wall , wharf, embankment, le•1ee , 13 dike, pile, abutment, protection, excavation , channelization, bridge, conduit, culvert , 14 building, wire, fence , rock, gravel , refuse , fill, structure , vegetation or other material in , 15 along, across or projecting into any watercourse which may alter, impede, retard or 16 change the direction and/.or velocity of the flow of water, or due to its location, its 17 propensity to snare or collect debris carried by the flo•.-., of water, or its likelihood of being 18 carried downstream . 19 20 Recreational vehicle means a vehicle that is: 21 22 (1) Built on a single chassis ; 23 24 (2) 400 square feet or less when measured at the largest horizontal projection; 25 26 (3) Designed to be self propelled or permanently towable by a light duty truck ; and 27 28 (4) Designed primarily not for use as a permanent d•.velling but as temporary living 29 quarters for recreational, camping, travel , or seasonal use. 30 31 Repetitive loss means flood related damages sustained by a structure on two 32 separate occasions during a ten year period ending on the date of the event for •.vhich the 33 second claim is made, in which the cost of repairing the flood damage , on the average, 34 equaled or exceeded 25 percent of the market value of the building at the time of each 35 such flood event. 36 37 Special flood hazard area (SFHA) (see area of special flood hazard) means an area 38 having special flood hazard and shown on a FHBM or FIRM as Zone A, AO, A1 A30, AE, 39 A99, or AH. 40 4 1 Start of construction (for other than ne•.-., construction or substantial improvements 42 under the Coastal Barrier Resources Act P. L. 97 348), includes substantial impro\•ement , 43 and means the date the building permit 'Nas issued, provided the actual start of 44 construction , repair, reconstruction, or improvement •;.•as within 180 days of the permit 45 date. The actual start means the first placement of permanent construction of a building 46 (including a manufactured home) on a site , such as the pouring of slabs or footings , Page 7 of 20 Ordinance 18, 2017 1 installation of piles, construction of columns, or any work beyond the stage of excavation 2 or placement of a manufactured home on a foundation. Permanent construction does not 3 include land preparation, such as clearing, grading and filling; nor does it include the 4 installation of streets and.tor walkways; nor does it include excavation for a basement, 5 footings, piers or foundations or the erection of temporary forms; nor does it include the 6 installation on the property of accessory buildings, such as garages or sheds not occupied 7 as d·Nelling units or not part of the main building. For substantial improvement, the actual 8 start of construction means the first alteration of any wall, ceiling, floor, or other structural 9 part of a building, whether or not that alteration affects the external dimensions of the 10 building. 11 12 Structure means all walled and roofed buildings, including gas or liquid storage tanks 13 and manufactured homes, that are principally above ground. 14 15 Substantial damage means damage of any origin sustained by a structure whereby 16 the cost of restoring the structure to its before damaged condition would equal or exceed 17 50 percent of the market value of the structure before the damage occurred. Substantial 18 damage also means flood related damages sustained by a structure on PNO separate 19 occasions during a ten year period for which the cost of repairs at the time of each such 20 flood event, on the average, equals or exceeds 25 percent of the market value of the 21 structure before the damage occurred. 22 23 Substantial improvement means any reconstruction, rehabilitation, addition, or other 24 improvement of a structure, the cost of which equals or exceeds 50 percent of the market 25 value of the structure before the "start of construction" of the improvement. This term 26 includes structures which ha•.•e incurred "repetiti•1e loss" or "substantial damage," 27 regardless of the actual repair •.vork performed. This includes any combination of repairs, 28 reconstruction, alteration, or improvements to a building taking place during a five year 29 period, in which the cumulative cost equals or exceeds 50 percent of the market value of 30 the building either: 31 32 (1) Before the improvement or repair is started ; or, 33 34 (2) If the structure has been damaged and is being restored, before the damage 35 occurred. For the purposes of this definition "substantial improvement' is considered to 36 occur when the first alteration of any wall, ceiling, floor, or other structural part of the 37 building commences, whether or not that alteration affects the external dimensions of the 38 structure. 39 40 This term includes structures that ha•1e incurred "substantial damage" and are 41 "repetitive loss," regardless of the actual repair work performed. For the purposes of this 42 definition, "substantial improvement" is considered to occur ·.-..hen the first alteration of 43 any wall , ceiling, floor, or other structural part of the building commences, whether or not 44 that alteration affects the external dimensions of the building . The term does not, 45 however, include either: 46 Page 8 of 20 Ordinance 18, 2017 1 (1) Any project for impro'lement of a building required to comply 11.1ith existing health, 2 sanitary, or safety code 'liolations which ha'le been identified prior to permit issuance by 3 the code enforcement official and which are solely necessary to assure safe living 4 conditions; or, 5 6 (2) Any alteration of a "historic structure" provided that the alteration will not preclude 7 the structure's continued designation as a "historic structure." 8 9 Substantially improved existing manufactured home parks or subdi'lisions is where 1 O the repair, reconstruction, rehabilitation or impro'lement of the streets, utilities and pads 11 equals or exceeds 50 percent of the 'lalue of the streets, utilities and pads before the 12 repair, reconstruction or impro'lement commenced. 13 14 Variance is a grant of relief from the requirements of this subdi'lision, which permits 15 construction in a manner otherwise prohibited by this subdivision where specific 16 enforcement would result in unnecessary hardship. 17 18 Violation means the failure of a structure or other de'lelopment to be fully compliant 19 with this subdivision. A structure or other de'lelopment without the elevation certificate, 20 other certifications, or other e'lidence of compliance required in this subdivision is 21 presumed to be in 'liolation until such time as that documentation is pro'lided. 22 23 V\latercourse means a lake, ri'ler, creek, stream, wash, channel or other topographic 24 feature on or o'ler v.ihich waters flow at least periodically. 'Natercourse includes 25 specifically designated areas in 'Nhich substantial flood damage may occur. 26 27 'Nater surface elevation means the height, in relation to the National Geodetic Vertical 28 Datum (NGVD) of 1 Q2Q, (or other datum, where specified) of floods of various magnitudes 29 and frequencies in the floodplains of coastal or ri'lerine areas. 30 31 Sec. 78 533. General provisions. 32 33 (a) Applicability. This subdii.'ision shall apply to all areas of special flood hazard within 34 the city. 35 36 (b) Basis for establishing the areas of special flood hazard. The areas of special flood 37 hazard shall be those identified by the Federal Emergency. Management Agency in the 38 Flood Insurance Rate Map (FIRM) Community. Panel Numbers 120221 0001 0004, dated 39 January 6, 1988, with accompanying maps and other supporting data, and any re'lision 40 thereto. These materials are adopted by reference and declared to be a part of this 41 subdi'lision. 42 43 (c) De11elopment permit required. A de'lelopment permit shall be required in 44 conformance with the pro'lisions of this subdivision prior to the commencement of any 45 de'lelopment acti'lities. 46 Page 9 of 20 Ord inance 18 , 201 7 1 (d) Compliance. No structure or land shall hereafter be located, extended , converted 2 or structurally altered 'Nithout full compliance with the terms of this subdivision and other 3 applicable regulations. 4 5 (e) Abrogation and greater restrictions. This subdivision is not intended to repeal, 6 abrogate , or impair any existing easements or covenants. Hmvever, i.•1here this 7 subdivision conflicts with or overlaps existing ordinances, whichever imposes the more 8 stringent restrictions shall prevail. 9 10 (f) Interpretation . In the interpretation and application of this subdivision , all provisions 11 shall be: 12 13 (1) Considered as minimum requirements ; 14 15 (2) Liberally construed in favor of the governing body; and 16 17 (3) Deemed neither to limit nor repeal any other powers granted under state statutes . 18 19 (g) \1\/arning and disclaimer of liability. The degree of flood protection required by this 20 ordinance is considered reasonable for regulatory purposes and is based on scientific 21 and engineering consideration . Larger floods can and will occur on rare occasions. Flood 22 heights may be increased by man made or natural causes. This subdi•,ision does not 23 imply that land outside the areas of special flood hazard or uses permitted within such 24 areas will be free from flooding or flood damages . This subdivision shall not create liability 25 on the part of City Council of the City of Palm Beach Gardens or by any officer or 26 employee thereof for any flood damages that result from reliance on this subdivision or 27 any administrative decision lawfully made thereunder. 28 29 (h) Penalties for violation. Violation of the provisions of this subdivision or failure to 30 comply with any of its requirements , including violation of conditions and safeguards 31 established in connection with grants of variance or special exceptions , shall const itute a 32 misdemeanor. Any person who violates this subdivision or fails to comply with any of its 33 requirements shall , upon conviction thereof, be fined not more than $500 .00 or 34 imprisoned for not more than 60 days, or both , and in addition , shall pay all costs and 35 expenses involved in the case. Eash day such violation continues shall be considered a 36 separate offense . Nothing herein contained shall pre•,ent the City of Palm Beach Gardens 37 from taking such other lawful actions as is necessary to prevent or remedy any violation . 38 39 Sec. 78 534. Administration. 40 4 1 (a) Designation of flood damage prevention ordinance administrators. This 42 subdivision shall be administered by the city building official , the city engineer and the 43 community rating system administrator (planner) (collectively "floodplain administrators"). 44 45 46 Page 10 of 20 Ordinance 18, 201 7 1 (b) Permit prooedures. /\pplioation for a development permit shall be made to the 2 grmvth management department on forms furnished by the growth management 3 department prior to any development aotivities. Suoh forms may inolude, but not be limited 4 to, the following plans in duplioate drawn to soale showing the nature , looation , 5 dimensions, and ele•.iations of the area in question; existing or proposed struotures , 6 earthen fill, storage of materials or equipment, drainage faoilities , and the looation of the 7 foregoing. Speoifioally, the following information is required: 8 9 (1) /\pplioation stage: 10 11 a. Elevation in relation to mean sea level of the proposed lowest floor (inoluding 12 basement) of all buildings; 13 14 b. Elevation in relation to mean sea level to whioh any nonresidential building will be 15 flood proofed; 16 17 o. Certifioate from a registered professional engineer or arohiteot that the 18 nonresidential flood proofed building will meet the flood proofing oriteria in seotion 78 19 535(b)(2) and (o)(2); and 20 21 d. Desoription of the extent to whioh any wateroourse will be altered or relooated as 22 result of proposed development. 23 24 (2) Construstion stage: Upon plaoement of the lmvest floor , or flood proofing by 25 whatever oonstrustion means, it shall be the duty of the permit holder to submit to the 26 building offioial a oertifioation of the NGVD elevation of the lmvest floor or flood proofed 27 elevation, as built, in relation to mean sea level. Said oertifioation shall be prepared by or 28 under the direst supervision of a registered land surveyor or professional engineer and 29 oertified by same. \A/hen flood proofing is utilized for a partioular building said oertifioation 30 shall be prepared by or under the direst supervision of a professional engineer or arohiteot 31 and oertified by same. /\ny work undertaken prior to submission of the oertifioation shall 32 be at the permit holder's risk. The building offioial shall review the lo•Nest f loor and flood 33 proofing elevation survey data submitted. The permit holder, immediately and prior to 34 further progressi•.ie work being permitted to prooeed, shall oorreot defioienoies detested 35 by suoh revie'N. Failure to submit the survey or failure to make said oorreotions required 36 hereby, shall be oause to issue a stop work order for the projeot. 37 38 (o) Duties and responsibilities of the floodplain administrators . The duties and 39 responsibilities of the floodplain administrators are as follows : 40 4 1 (1) The oity engineer, oommunity rating system administrator (planner), and building 42 offioial shall review all de•.ielopment applioations to assure that the applioation 43 requirements of this subdivision have been satisfied. 44 45 (2) The building offioial shall review all de\1elopment permits to assure that the permit 46 requirements of this subdivision have been satisfied . Page 11 of 20 Ordinance 18, 2017 1 (3) The building offioial and oity engineer shall advise permittee/applioant that 2 additional federal or state permits may be required, and if speoifio federal or state permit 3 requirements are known, require that oopies of suoh permits be provided and maintained 4 on file with the development permit. 5 6 (4) The oommunity rating system administrator (planner) shall notify adjaoent 7 oommunities, the state floodplain ooordinator, and other federal and.tor state agenoies 8 with statutory or regulatory authority prior to any alteration or relooation of a wateroourse. 9 The oity engineer shall notify the oommunity rating system administrator (planner) of any 1 O proposed projeots that are submitted for revie•.v or oomment. 11 12 (5) The oity engineer shall ooordinate with the applioant and/or the publio 'Norks 13 department to assure that maintenanoe is provided •.vithin the altered or relooated portion 14 of said wateroourse so that the flood oarrying oapaoity is not diminished. 15 16 (6) The building offioial shall verify and reoord the aotual elevation (in relation to mean 17 sea level) of the lo·Nest floor (inoluding basement) of all ne·N or substantially improved 18 buildings, in aooordanoe 1Nith seotion 78 534 (b)(2). 19 20 (7) The building offioial shall verify and reoord the aotual elevation (in relation to mean 21 sea level) to whioh the new or substantially impro•,ed buildings have been flood proofed, 22 in aooordanoe with seotion 78 534 (b)(2). 23 24 (8) The floodplain administrators shall review oertified plans and speoifioations for 25 oomplianoe. 26 27 (Q) VVhere interpretation is needed as to the exaot looation of boundaries of the areas 28 of speoial flood hazard (for example, where there appears to be a oonfliot between a 29 mapped boundary and actual field oonditions) the floodplain administrators shall make 30 the neoessary interpretation based on the information provided by the applioant by 31 request from the floodplain administrators. The person oontesting the looation of the 32 boundary shall be given a reasonable opportunity to appeal the interpretation as provided 33 in this artiole. 34 35 (10) VVhen base flood elevation data or flood\•1ay data have not been provided in 36 aooordanoe •.vith section 78 533(b), then the floodplain administrators shall obtain, review 37 and reasonably utilize any base flood elevation and floodway data available from a 38 federal , state or other souroe (inoluding the applioant), in order to administer the 39 provisions of seotion 78 535. 40 41 Sec. 78 535. Provisions for flood hazard reduction. 42 43 (a) General standards. In all areas of speoial flood hazard, the following provisions 44 are required and shall be enforoed by floodplain administrators prior to oonstruotion plan 45 approval. 46 Page 12 of 20 Ordinance 18, 201 7 1 (1) New oonstruotion and substantial improvements shall be anohored to prevent 2 flotation, oollapse or lateral movement of the struoture; 3 4 (2) Manufaotured homes shall be anohored to prevent flotation, oollapse , or lateral 5 movement. Methods of anohoring may inolude, but are not limited to, use of over the top 6 or frame ties to ground anohors. This standard shall be in addition to and oonsistent v,ith 7 applioable state requirements for resisting wind foroes; 8 (3) New oonstruotion and substantial impro•,ements shall be oonstruoted with 9 materials and utility equipment resistant to flood damage ; 10 11 (4) New oonstruotion or substantial improvements shall be oonstruoted by methods 12 and praotioes that minimize flood damage ; 13 14 (5) Eleotrioal, heating , ventilation , plumbing , air oonditioning equipment and other 15 servioe faoilities shall be designed and/or looated so as to prevent water from entering or 16 aooumulating within the oomponents during oonditions of flooding; 17 18 (6) New and replaoement water supply systems shall be designed to minimize or 19 eliminate infiltration of flood waters into the system ; 20 21 (7) New and replaoement sanitary sewage systems shall be designed to min imize or 22 eliminate infiltration of flood waters into the systems and disoharges from the systems 23 into flood waters; 24 25 (8) On site waste disposal systems shall be looated and oonstruoted to avoid 26 impairment to them or oontamination from them during flooding ; 27 28 (9) Any alteration , repair , reoonstruotion or improvements to a building that is in 29 oompliance with the provisions of this subdivision shall meet the requirements of "ne•.v 30 oonstruotion" as oontained in this subdivision; and 31 32 (10) Any alteration , repair, reoonstruotion or improvements to a building that is not in 33 oomplianoe with the provisions of this subdivision , shall be undertaken only if said non 34 oonformity is not furthered , extended , or replaoed . 35 36 (b) Speoifio standards . In areas where base flood elevation data has been provided, 37 as set forth in seotion 78 533(b), the following provisions are required : 38 39 (1) Residential oonstruotion. New oonstruotion or substantial impro•,ement of any 40 residential building (or manufaotured home) shall have the lowest floor, including 4 1 basement, elevated no lower than 0.5 feet abo•,e the base flood elevation or the South 42 Florida 'Nater Management Distriot zero discharge finished floor, whiohever is greater. 43 Should solid foundation perimeter walls be used to elevate a struoture , openings sufficient 44 to faoilitate the unimpeded movements of flood•.vaters shall be provided in acoordance 45 '.vith standards of section 78 535(b)(3). 46 Page 13 of 20 Ordinance 18, 2017 1 (2) Nonresidential construction. Ne•.v sonstrustion or substantial improvement of any 2 sommersial, industrial, or nonresidential building (or manufactured home) shall have the 3 lov.iest floor, including basement, elevated to no lower than 0.5 feet above the base flood 4 elevation or the South Florida \"later Management District zero discharge finished floor, 5 whichever is greater. Buildings located in all A Zones may be flood proofed in lieu of being 6 elevated provided that all areas of the building below the base flood elevation (plus any 7 community free board) are water tight with walls substantially impermeable to the 8 passage of water, and use structural components having the capability of resisting 9 hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional 10 engineer or arshitest shall certify that the standards of this subsection are satisfied. Sush 11 sertifisation shall be provided to the official as set forth in section 78 534(s)(Q). 12 13 (3) Elevated buildings. New sonstrustion or substantial improvements of ele•.iated 14 buildings that include fully enclosed areas formed by foundation and other exterior walls 15 below the base flood elevations shall be designed to preclude finished living spase and 16 designed to allow for the entry and exit of floodwaters to automatically equalize 17 hydrostatic flood torses on exterior •.valls. 18 19 a. Designs for complying with this requirement must either be certified by a 20 professional engineer or arshitest or meet the following minimum criteria: 21 22 i. Provide a minimum of two openings having a total net area of not less than one 23 square insh for every square foot of enclosed area subject to flooding; 24 25 ii. The bottom of all openings shall be no higher than one foot above foundation 26 interior grade ('Nhish must be equal to in elevation or higher than the exterior foundation 27 grade); 28 29 iii. Openings may be equipped with screens, louvers, valves or other coverings or 30 de•.iises provided they permit the automatic flO'.v of floodwaters in both directions; 31 32 iv. Assess to the enclosed area shall be minimum necessary to allow for parking of 33 vehicles (garage door) or limited storage of maintenance equipment used in connection 34 with the premises (standard exterior door) or entry to the living area (stairway or elevator); 35 aoo 36 37 v. The interior portion of sush enclosed area shall not be partitioned or finished into 38 separate rooms. 39 40 (4) Standards for manufactured homes and recreational vehicles. 41 42 a. All manufactured homes placed or substantially improved on individual lots or 43 parcels in a new or substantially improved manufactured home park or subdivision must 44 meet all the requirements for ne'h' construction, including elevation and anchoring. 45 46 Page 14 of 20 Ordinance 18, 201 7 1 b. All manufactured homes placed or substantially improved in an existing 2 manufactured home park or subdivision must be ele\'ated so that: 3 4 i. The lowest floor of the manufactured home is elevated no lower than 0.5 feet above 5 the level of the base flood elevation, or 6 7 ii. The manufactured home chassis is supported by reinforced piers or other 8 foundation elements of at least an equivalent strength, of no less than 36 inches in height 9 above the ground; and 10 11 iii. The manufactured home must be securely anchored to the adequately anchored 12 foundation system to resist flotation, collapse and lateral movement; and 13 14 iv. In an existing manufactured home park or subdivision on which a manufactured 15 home has incurred "substantial damage" as the result of a flood, any manufactured home 16 placed or substantially improved must meet the standards of subsection (b)(4)b.i. and iii. 17 above. 18 19 o. All recreational vehicles placed on sites must either: 20 21 i. Be fully licensed and ready for highway use (a recreational vehicle is ready for 22 high•.vay use if it is on its wheels or jacking system, is attached to the site only by quick 23 disoonneot type utilities and security devises and has no permanently attached additions); 24 25 ii. Meet all the requirements for new oonstruotion, including anchoring and elevation 26 requirements of subsection (b)(4)b.i. or iii. above; or 27 28 iii. Be on the site for fewer than 180 oonseoutive days. 29 30 (o) Standards for areas of shallow flooding (AO Zones). Located 1.vithin areas of 3 1 special flood hazards established in section 78 533(b) are areas designated as shallow 32 flooding areas. These areas have flood hazards associated with base flood depths of one 33 te-three feet , where a clearly defined channel does not exist and the water path of flooding 34 is unpredictable and indeterminate . In suoh areas, the folloi.•.iing provisions apply : 35 36 (1) All new oonstruotion and substantial impro•.iements of residential structures shall 37 have the lmvest floor, including basement, elevated to the flood depth number specified 38 on the Flood Insurance Rate Map, above the highest adjacent grade . If no flood depth 39 number is specified, the lowest floor, including basement, shall be elevated no less than 40 two feet above the base flood elevation or the South Florida \'\later Management District 4 1 zero discharge finished floor , whiohe\'er is greater. 42 43 (2) All new oonstruotion and substantial improvements of nonresidential structures 44 ~ 45 46 Page 15 of 20 Ord inance 18 , 201 7 1 a. Have the lowest floor, including basement, elevated to the flood depth number 2 specified on the Flood Insurance Rate Map above the highest adjacent grade. If no flood 3 depth number is specified , the lowest floor, including basement , elevated at least tv.io feet 4 above the base flood elevation or the South Florida \J\Jater Management District zero 5 discharge finished floor, whichever is greater; or 6 7 b. Together with attendant utility and sanitary facilities be completely flood proofed to 8 the specified flood level so that any space below that level is watertight i.vith walls 9 substantially impermeable to the passage of water and •.vith structural components having 10 the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy . 11 Certification is required as per subsection (b)(2) above. 12 13 (d) Standards for subdivision proposals . 14 15 (1) All subdivision proposals shall be consistent with the need to minimize flood 16 damage ; 17 18 (2) All subdivision proposals shall have public utilities and facilities such as sewer, 19 gas , electrical and water systems located and constructed to minimize flood damage ; 20 21 (3) All subdivision proposals shall have adequate drainage pro•,ided to reduce 22 exposure to flood hazards ; and 23 24 (4) Base flood elevation data shall be pro•,ided for subdivision proposals and other 25 proposed development (including manufactured home parks and subdivisions), greater 26 than the lesser of 50 lots or five acres . 27 28 (e) Critical facilities . Construction of new critical facilities shall be , to the extent 29 possible , located outside the limits of the special flood hazard area (SFHA) (100 yea r 30 floodplain). Construction of new critical facilities shall be permissible within the SFHA if 3 1 no feasible alternative site is available. Critical facilities constructed w ithin the SFHA shall 32 have the lowest floor elevated three feet or more above the level of the base flood 33 ele\<ation at the site . Floodproofing and sealing measures must be taken to ensure that 34 toxic substances will not be displaced by or released into floodwaters . Assess routes 35 ele'lated to or above the level of the base flood elevation shall be pro'lided to all critical 36 facilities to the extent possible. 37 38 SeG. 78 536. VarianGe proGedures. 39 40 (a) Designation of planning, zoning , and appeals board. The planning , zoning , and 41 appeals board as established by the City Council of the City of Palm Beach Gardens shall 42 hear and decide appeals and requests for variances from requirements of this 43 subdivision . 44 45 46 Page 16 of 20 Ordinance 18, 2017 1 (b) Duties of planning, zoning, and appeals board. The board shall hear and decide 2 appeals when it is alleged an error in any requirement, decision, or determination is made 3 by the floodplain administrators in the enforcement or administration of this subdivision. 4 Any person aggrieved by the decision of the board may seek review by filing a petition for 5 •.vrit of certiorari in the circuit court as provided by general law in accordance with City 6 Code Section 78 23(i). 7 8 (c) Development order applications. Applications for development order approval for 9 a variance shall be submitted and re·,iewed as provided in division 1 of article Ill. 10 11 (d) Variance procedures. In passing upon such applications, the board shall consider 12 all technical evaluations, all relevant factors, and standards specified in other sections of 13 this subdivision, in addition to the following: 14 15 (1) The danger that materials may be swept onto other lands to the injury of others; 16 17 (2) The danger of life and property due to flooding or erosion damage; 18 19 (3) The susceptibility of the proposed facility and its contents to flood damage and 20 the eff€ct of such damage on the individual owner; 21 22 (4) The importance of the services provided by the proposed facility to the community; 23 24 (5) The necessity to the facility of a waterfront location, 'Nhere applicable; 25 26 (6) The availability of alternative locations for the proposed use which are not subject 27 to flooding or erosion damage; 28 29 (7) The compatibility of the proposed use \•.•ith existing and anticipated development; 30 31 (8) The relationship of the proposed use to the comprehensive plan and floodplain 32 management program for that area; 33 34 (9) The safety of access to the property in times of flood for ordinary and emergency 35 vehicles; 36 37 (10) The expected height, velocity, duration, rate of rise, and sediment of transport of 38 the flood 'Naters and the eff€cts of wave action, if applicable, expected at the site; and 39 40 (11) The costs of pro·,iding governmental ser\'ices during and after flood conditions, 41 including maintenance and repair of public utilities and facilities such as sewer, gas, 42 electrical, and water systems, in addition to streets and bridges. 43 44 (e) Conditions for variances. 45 46 (1) Variances shall only be issued when there is: Page 17 of 20 Ord inance 18, 201 7 1 a. A sho1Ning of good and sufficient cause; 2 3 b. A determination that failure to grant the 1Jariance would result in exceptional 4 hardship; and 5 6 c. A determination that the granting of a variance 1Nill not result in increased flood 7 heights, additional threats to public expense, create a nuisance, cause fraud on or the 8 victimization of the public, or conflict with existing local laws or ordinances. 9 10 (2) Variances shall only be issued upon a determination that the variance is the 11 minimum necessary to afford relief, considering the flood hazard. In the instance of an 12 "historic structure," there must be a determination that the 1.<ariance is the minimum 13 necessary so as not to destroy the historic character and design of the building. 14 15 (3) Any applicant to whom a \1ariance is granted shall be gi 1.<en written notice 16 specifying the difference between the base flood elevation and the ele1.<ation to 1Nhich the 17 lowest floor is to be built and stating that the cost of flood insurance will be commensurate 18 1Nith the increased risk resulting from the reduced lowest floor ele1.<ation. 19 20 (4) The community rating system administrator (planner) shall maintain the records 21 of all appeal actions and report any variances to the Federal Emergency Management 22 Agency upon request. 23 24 (f) Variance notification. The community rating system administrator (planner) will 25 maintain a record of all variance actions, including justification for their issuance, and 26 report such variances issued in the city's biennial report submission to the Federal 27 Emergency Management Agency. Any applicant to whom a variance is granted shall be 28 given written notice that: 29 30 (1) The issuance of a 1.<ariance to construct a structure below the base flood elevation 31 will result in increased premium rates for flood insurance up to amounts as high as $25.00 32 for $100 .00 of insurance coverage; and 33 34 (2) Such construction below the base flood level increases risks to life and property. 35 A copy of the notice shall be recorded by the community rating system administrator 36 (planner) in the official records of Palm Beach County and shall be recorded in a manner 37 so that it appears in the chain of title of the affected parcel of land. 38 39 (g) Historic structures. Variances may be issued for the repair or rehabilitation of 40 "historic structures" upon a determination that the proposed repair or rehabilitation will not 41 preclude the structure's continued designation as an "historic structure" and the variance 42 is the minimum to preserve the historic character and design of the structure. 43 44 45 46 Page 18 of 20 Ordinance 18, 2017 1 (h) Special conditions. Upon consideration of the factors listed in section (e) above, 2 and the purposes of this subdivision, the planning, zoning, and appeals board may attach 3 such conditions to the granting of variances as it deems necessary to further the purposes 4 of this subdivision. 5 6 Secs. 78-531. -78-540. Reserved. 7 8 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are 9 hereby repealed. 10 11 SECTION 3. Should any section or prov1s1on of this Ordinance or any portion 12 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 13 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 14 15 SECTION 4. Specific authority is hereby granted to codify this Ordinance. 16 17 SECTION .5 This Ordinance shall become effective immediately upon adoption . 18 19 20 (The remainder of this page intentionally left blank) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 19 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 18 , 2017 PASSED this~day ot -Se.Pt..f.m ~. 2017, upon first reading . PASSED AND ADOPTED this __ day of ------' 2017 , upon second and final reading . CITY OF PALM BEACH GARDENS BY: -------------- Maria G. Marino, Mayor Mark T . Marciano, Vice Mayor Carl W . Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A. Litt, Councilmember ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------- R. Max Lohman, City Attorney FOR AGAINST ABSENT G :\attorney_share\ORDINANCES\2017\0rd inance 18 201 7-Ch 78 Companion Ord to Ch 86 Flood Plain Ord.docx Page 20 of 20 CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 25, 2017 7:00 P.M. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmem her Lane Councilmember Litt I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS/ PRESENTATIONS: a . 2017 RESIDENT OPINION SURVEY -PRESENTATION BY JOSEPH ST. GERMAIN, PH.D., PRESIDENT OF DOWNS & ST. GERMAIN RESEARCH. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. CITY MANAGER REPORT: VIII. CONSENT AGENDA: ~~~. \)J\\..a.J-. ~ ,.. a. ~5-o b . v->lo ~b, ~o.t~ 5-0 APPROVE MINUTES FROM SEPTEMBER 7 , 2017 CITY COUNCIL MEETING RESOLUTION 63, 2017 -DOWNTOWN AT THE GARDENS REQUESTING APPROVAL TO ALLOW ADDITIONAL SPECIAL EVENTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, APPROVING ADDITIONAL SPECIAL EVENTS FOR DOWNTOWN AT THE GARDENS , AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . c. PROCLAMATION-FIRE PREVENTION WEEK. d. PROCLAMATION-NATIONAL NIGHT OUT. IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a . b . C . RESOLUTION 58 , 2017 -ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 , AND ENDING SEPTEMBER 30, 2018 ; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. ORDINANCE 19 , 2017 -(2ND READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE C ITY OF PALM BEACH GARDENS , LORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30 , 2018 ; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. ORDINANCE 15 , 2017 -(2nd READING AND ADOPTION) REMOVAL OF FLOODPLAIN MANAGEMENT REGULATIONS FROM CHAPTER 78 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86 . BUILDINGS AND BUILDING REGULATIONS . BY REPEALING ARTICLE 11. STANDARDS . AND ADOPTING A NEW ARTICLE Ill. ENTITLED FLOODPLAIN MANAGEMENT. ADOPTING STATE OF FLORIDA FLOODPLAIN MANAGEMENT ORDINANCE ; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 86 . BUILDINGS AND BUILDING REGULATIONS . SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . ORDINANCE 18, 2017 -(2nd READING AND ADOPTION) -ADDING THE FLOODPLAIN MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING CHAPTER 78 . LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS . BY REPEALING IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS . IN ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE DUPLICATIVE SECTIONS ; RESERVING DIVISION 10. AND SECTIONS 78- 531-78-540 . FOR FUTURE LEGISLATION ; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. ~ PURSUANT TO CHAP TE R 166 .041 (3) (B), F.S., ORDINANCE 15, 2017 AND ORDINANCE 18, 2017 ARE DEEMED EMERG ENCY ORD INANCES . X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested parties will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 25, 2017 7:00 P.M. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt I. /PLEDGE OF ALLEGIANCE II. v-ROLL CALL III . .......-ADDITIONS, DELETIONS, MODIFICATIONS: IV. &/'"ANNOUNCEMENTS I PRESENTATIONS: a . 2017 RESIDENT OPINION SURVEY -PRESENTATION BY JOSEPH ST. GERMAIN, PH.D., PRESIDENT OF DOWNS & ST. GERMAIN RESEARCH. V. /n,EMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. t/'coMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. VcITY MANAGER REPORT: VIII. v1;0NSENT AGENDA: a. APPROVE MINUTES FROM SEPTEMBER 7, 2017 CITY COUNCIL MEETING b. RESOLUTION 63, 2017 -DOWNTOWN AT THE GARDENS REQUESTING APPROVAL TO ALLOW ADDITIONAL SPECIAL EVENTS. A RESOLUTION OF f ue,<-&!J THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, --APPROVING ADDITIONAL SPECIAL EVENTS FOR DOWNTOWN AT THE GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PROCLAMATION-FIRE PREVENTION WEEK. d. PROCLAMATION -NATIONAL NIGHT OUT. IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a . b. C. d . RESOLUTION 58, 2017 -ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . ORDINANCE 19, 2017 -(2ND READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 , AND ENDING SEPTEMBER 30, 2018; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . ORDINANCE 15, 2017 -(2nd READING AND ADOPTION) REMOVAL OF FLOODPLAIN MANAGEMENT REGULATIONS FROM CHAPTER 78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS . BY REPEALING ARTICLE II. STANDARDS. AND ADOPTING A NEW ARTICLE Ill. ENTITLED FLOODPLAIN MANAGEMENT. ADOPTING STATE OF FLORIDA FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 86 . BUILDINGS AND BUILDING REGULATIONS . SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES . ORDINANCE 18, 2017 -(2nd READING AND ADOPTION) -ADDING THE FLOODPLAIN MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS . BY REPEALING IN ITS ENTIRETY SUBDIVISION VI . FLOODPLAIN REGULATIONS. IN ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE DUPLICATIVE SECTIONS; RESERVING DIVISION 10. AND SECTIONS 78- 531-78-540. FOR FUTURE LEGISLATION ; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 . LAND DEVELOPMENT . SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. ~ PURSUANT TO CHAPTER 166 .041 (3) (B), F.S ., ORDINANCE 15, 2017 AND ORDINANCE 18, 2017 ARE DEEMED EMERGENCY ORDINANCES. ' X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested parties will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT ? ~ rJG1 cJf---fG<:; r-(5 NAME: ADDRESS: l)~~~ ct~/tv 0f1/td</c~7 /./i4~ 71&! ~ I CITY: ZIP: SUB~ t!'&~rf :lr&e~ f~I OlA_-- ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: a~~w(~ ADDRESS: ~f-~----------=-~(s_r_e---_~])_____..~<------=----------:- CITY: Pt> 1,,-C-ZIP: _;;>5 </Qs----~--------------- SUBJECT: ~AlrcS ITEM ON THE AGENDA: YES: NO: 7 -< Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the City of Palm Beach Gardens is committed to ensuring the safety and security of all those living in and visiting the City of Palm Beach Gardens; and WHEREAS. fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk.from.fire; and WHEREAS, U.S. fire departments responded to 365,500 home fires in 2015, according to the National Fire Protection Association (NFP A); and WHEREAS, U.S. home fires resulted in 2,650 civilian deaths in 2015, representing the majority (78 percent) of all U.S. fire deaths; and WHEREAS, in one-fifth of all homes with smoke alarms, the smoke alarms are not working; and WHEREAS, three out of five home fire deaths result from fires in properties without smoke alarms or with no working smoke alarms; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, many Americans don't know how old the smoke alarms in their homes are, or how often they need to be replaced; and WHEREAS, all smoke alarms should be replaced at least once every ten years; and WHEREAS, the age of a smoke alarm can be determined by the date of its manufacture, which is marked on the back of the smoke alarm; and WHEREAS, the City of Palm Beach Gardens first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Palm Beach Gardens residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2017 Fire Prevention Week theme, "Every Second Counts Plan 2 Ways Out" effectively serves to educate the public about the vital importance of replacing the smoke alarms in their homes at least every ten years, and to determine the age of their smoke alarms by checking the date of manufacture on the back of the alarms. NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby Proclaim October 8-14, 2017, as Attest: FIRE PREVENTION WEEK IN WITNF.SS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 25"' day of September in the year Two nw ~;;;;:JJ _~ Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on October 6, 2017 entitled "National Night Out"; and WHEREAS, the "16th Annual National Night Out" provides a unique opportunity for Palm Beach Gardens to join forces with thousands of other communities across the country in promoting cooperative, po/ice-community crime prevention efforts; and WHEREAS, Palm Beach Gardens Police, Fire-Rescue, and Community Services Departments plays a vital role through joint crime, drug and violence prevention efforts in Palm Beach Gardens; and are supporting "National Night Out 2017" locally; and WHEREAS, it is essential that all citizens of Palm Beach Gardens be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in Palm Beach Gardens; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, l Maria G. Marino, by virtue of the authority vested in me as Mayor, do hereby call upon all citizens of Palm Beach Gardens to join Palm Beach Gardens Police, Fire-Rescue, and Community Services Departments and the National Association of Town Watch in supporting the "16th Annual National Night Out" on October 6, 2017 as: Attest: ~'NATIONAL NIGHT OUT,, in the City of Palm Beach Gardens IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 251h day of September in the year Two Thousand and Seventeen. Maria G. Marino, Mayor 1,..£.fr 't/-.t-M eeo'~ -Cl, 'oL ..,. r s~ • NOP.e. ... ~ ,,,ap -,.,..J,_ f"'* J!. !J!;;"-r~. / C011MENTS FROM THE PUBLIC P.s° 'l rM'/t? REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: f{«h { fde-/-/z'ef ADDREss: YJ-5f? id t' ~6<Zj f)c CITY: f6(1 ZIP: ~ 3'-fJg SUBJECT: (}y&b_~ oJ:i,,.d: #.(,. f<t_5(Je;1f Opi,,/an Sw:~ ~ h'A$M \.)i,~~ bvtir 1ues.pt;mS .fhnn '-lfu tpt<h/t'c l<.tft nat allwJ. Ouesflort 'qi: .1/ um ~ ruol,,ts rt,! yoUNJLST -female, ,,u_~f ..fwieJJ-c! fuy,}_ ab,.d--:z.-lf @~ ? @UU) · ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak.