A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code."
B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) 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. a. Minimize unnecessary disruption of commerce, access, and public service during times of flooding;
b. Require the use of appropriate construction practices in order to prevent or minimize future flood damage;
c. 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;
d. 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;
e. Minimize damage to public and private facilities and utilities;
f. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
g. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events;
h. Meet the requirements of the National Flood Insurance Program (NFIP) for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and
i. To insure that potential homebuyers are notified that property is in a flood area.
2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to:
a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters;
d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and
e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
3. This article 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 in the Florida Building Code.
C. Administration.
1. Administrator. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to interpret and administer this article and may delegate performance of certain duties to other employees. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article 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 article without the granting of a variance issued in accordance with Chapter 2, Article IV, Section 4.
2. Duties. Duties of the administrator or his designee shall include, but not be limited to:
a. Review all development permits to determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of any existing development in flood hazard areas.
b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. Such permits include but are not limited to:
i. The South Florida Water Management District; section 373.036, F.S.
ii. Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
iii. 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.
iv. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit: section 161.055, F.S.
v. 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.
vi. Federal permits and approvals.
c. Notify adjacent communities and the state division of emergency management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
e. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, Section 1.D.2.
f. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant.
g. Review applications to determine whether proposed development will be reasonably safe from flooding.
h. Issue development permits or approvals for development other than buildings and structures that are subject to the FBC, including buildings, structures and facilities exempt from the FBC, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance.
i. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article.
3. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
a. 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;
b. 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;
c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
d. 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 FBC and this article is required.
4. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Chapter 2, Article IV, Section 4.
5. Notice 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 article.
6. Inspections. The Floodplain Administrator shall make the required inspections 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.
7. Other Duties. The Floodplain Administrator shall have other duties, including but not limited to:
a. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage;
b. 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);
c. 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 (FIRM) 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;
d. Review required design certifications and documentation of elevations specified by this article and the FBC and this article to determine that such certifications and documentations are complete;
e. Notify FEMA when the corporate boundaries of the city are modified; and
f. 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. 101-590 that federal flood insurance is not available on such construction; areas subject to this limitation are identified on the FIRM as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
g. 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 article and the flood resistant construction requirements of the FBC, including FIRM; 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 FBC and this article: 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 article and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department.
D. Applicability.
1. Scope. This article applies to all development of real property located within the city, including areas of special flood hazard. Development shall include but not be limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; installation or replacement of tanks; installation of swimming pools; and any other development.
2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm Beach County, Florida and Incorporated Areas dated October 5, 2017, and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the city.
3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and base flood elevations pursuant to this article 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:
a. 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 article and, as applicable, the requirements of the FBC.
b. 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 (LOMC) that removes the area from the special flood hazard area.
E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein.
F. Rules.
1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations.
2. Abrogation. This article 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 FBC. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article.
3. Interpretation. In the interpretation and application of this article all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Conflict. Whenever the regulations and requirements of this article conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law.
H. Relief from Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4.
I. Warning and Disclaimer. The degree of flood protection required by this article and the FBC, 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 article 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 FIS and shown on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this community to revise these regulations to remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder.
(Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 17-029, passed 9-19-17; Am. Ord. 21-026, passed 11-16-21)