Ord. 14-05 – Approved

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[ Code of Ordinances ]
Ord. 14-05 – Approved

ORDINANCE NO. 14-05
AN ORDINANCE BY THE TOWN OF INDIALANTIC AMENDING CHAPTER 6.5 – FLOODPLAIN ADMINISTRATION FOR CLARIFICATION; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE

WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and

WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the Town of Indialantic and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and

WHEREAS, the Town of Indialantic was accepted for participation in the National Flood Insurance Program on August 18, 1972 and the Indialantic Town Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and

WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and

WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and

WHEREAS, the Indialantic Town Council has determined on May 21, 2013 that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code; and

WHEREAS, the Town has been requested to provide greater specificity with regard to references within the regulations; and

WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and

WHEREAS, the Town Council adopts the LPA’s findings as its own.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Indialantic, Brevard County, Florida that the following amendments to Chapter 6.5 are hereby adopted.

SECTION 1. That Sec. 6.5-105.1 is hereby amended to read:

6.5-105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development:
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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 6.5-105.2(2) or (3) of this chapter.

3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 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 6.5-105.2(1) of this chapter.

SECTION 2. That Sec. 6.5-106.1.2.1 is hereby amended to read:

6.5-106.1.2.1 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:
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2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 6.5-105.2(3)(b) of this chapter, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent.

SECTION 3. That Sec. 6.5-302.2 is hereby amended to read:

6.5-302.2 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:
* * * * *
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 6.5-105.2(1) of this chapter; and

SECTION 4. That Sec. 6.5-303.6 is hereby amended to read:

6.5-303.6 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 6.5-105.3(4) of this chapter 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 6.5-307.8(3) of this chapter.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.

SECTION 7. EFFECTIVE DATE.

This ordinance shall take effect immediately upon adoption.
PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of _____________, 2014, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of __________, 2014.

TOWN OF INDIALANTIC

David Berkman
Mayor

ATTEST:
Laura Eaton, CMC
Town Clerk