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§ 152.02 APPLICABILITY.
   (A)   General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
   (B)   Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the City of Lake Mary, Florida, as established in § 152.02(C) of this chapter.
   (C)   Basis for establishing flood hazard areas. The Flood Insurance Study for Seminole County, Florida and Incorporated Areas dated September 28, 2007, 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 chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at:
   Seminole County Public Library
   Lake Mary Branch
   580 Greenway Blvd
   Lake Mary, FL 32746
   (D)   Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to § 152.05 of this chapter, 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 a flood hazard area and subject to the requirements of this chapter 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.
   (E)   Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
   (F)   Abrogation and greater restrictions. This chapter 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 chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter.
   (G)   Interpretation. In the interpretation and application of this chapter, all provisions shall be:
      (1)   Considered as minimum requirements;
      (2)   Liberally construed in favor of the governing body; and
      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 1465, passed 5-17-12; Am. Ord. 1521, passed 12-4-14)
§ 152.03 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.
   (A)   Designation. The Public Works Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.
   (B)   General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter 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 chapter without the granting of a variance pursuant to § 152.07 of this chapter.
   (C)   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 chapter;
      (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 chapter is demonstrated, or disapprove the same in the event of noncompliance;
      (8)   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 chapter.
   (D)   Substantial improvements and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
      (1)   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
      (2)   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
      (3)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. The determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; 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 provisions of the Florida Building Code and this chapter is required.
   (E)   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 § 152.07 of this chapter.
   (F)   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.
   (G)   Inspections. The Floodplain Administrator shall make the required inspections as specified in § 152.06 of this chapter 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.
   (H)   Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to:
      (1)   Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 152.03(D) of this chapter;
      (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 months of such data becoming available;
      (4)   Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code and this chapter to determine that such certifications and documentations are complete; and
      (5)   Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Lake Mary, Florida are modified.
   (I)   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 chapter and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of 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 chapter; 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 chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at:
   Municipal Services Complex
   911 Wallace Ct.
   Lake Mary, FL 32746
(Ord. 1465, passed 5-17-12; Am. Ord. 1521, passed 12-4-14; Am. Ord. 1584, passed 4-5-18)
§ 152.04 PERMITS.
   (A)   Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this chapter including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied.
   (B)   Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this chapter 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.
   (C)   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 chapter:
      (1)   Railroads and ancillary facilities associated with the railroad;
      (2)   Nonresidential farm buildings on farms, as provided in F.S. § 604.50;
      (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 F.S. § 366.02, 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)   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; and
      (9)   Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.
   (D)   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 § 152.05 of this chapter;
      (5)   State the valuation of the proposed work;
      (6)   Be signed by the applicant or the applicant's authorized agent; and
      (7)   Give such other data and information as required by the Floodplain Administrator.
   (E)   Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this chapter shall not be construed to be a permit for, or approval of, any violation of this chapter, 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.
   (F)   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.
   (G)   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 chapter or any other ordinance, regulation or requirement of this community.
   (H)   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 St. John's River Water Management District; F.S. § 373.036;
      (2)   Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, F.A.C.;
      (3)   Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055;
      (4)   Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act; and
      (5)   Federal permits and approval.
(Ord. 1465, passed 5-7-12; Am. Ord. 1521, passed 12-4-14)
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