agenda executive committee meeting tuesday, july 6, …

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2021-07-06 Executive Committee Agenda.docx Page 1 of 3 AGENDA EXECUTIVE COMMITTEE MEETING Tuesday, July 6, 2021 5:30 P.M. 1. OPEN MEETING 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. **APPROVAL OF AGENDA FOR ADDITIONAL ITEMS** Recommendation for Additional Items from Staff Recommendation for Additional Items from Council 5. RECOGNITIONS, SPECIAL PRESENTATIONS AND AWARDS 6. PUBLIC HEARINGS/MEETINGS 7. INVITED SPEAKERS Girl Scout Troop 8. PERSONS TO APPEAR 9. CITY ATTORNEY’S REPORT 10. CITY CLERK’S REPORT Civil Service Board Members 11. AGENDA ITEMS ADMINISTRATION COMMITTEE Item # 1746 American Rescue Plan

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2021-07-06 Executive Committee Agenda.docx Page 1 of 3

AGENDAEXECUTIVE COMMITTEE MEETING

Tuesday, July 6, 20215:30 P.M.

1. OPEN MEETING

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. **APPROVAL OF AGENDA FOR ADDITIONAL ITEMS**

Recommendation for Additional Items from Staff Recommendation for Additional Items from Council

5. RECOGNITIONS, SPECIAL PRESENTATIONS AND AWARDS

6. PUBLIC HEARINGS/MEETINGS

7. INVITED SPEAKERS

Girl Scout Troop

8. PERSONS TO APPEAR

9. CITY ATTORNEY’S REPORT

10. CITY CLERK’S REPORT

Civil Service Board Members

11. AGENDA ITEMS

ADMINISTRATION COMMITTEE

Item # 1746American Rescue Plan

2021-07-06 Executive Committee Agenda.docx Page 2 of 3

Item # 1747Invitation to Bid 2021.05 100KW Generator

Item #1759FY2022 Millage Rate

Item # 1760Defense Communities Infrastructure Program

Item # 1761Emergency Purchase for Community Center

Item # 1762Fire Resolution establishing Fire Fees for FY 2022

ECONOMIC DEVELOPMENT

Item # 1749Coming Clean 5K

Item # 17504th Annual Milton Mardi Gras Parade

GROWTH & DEVELOPMENT COMMITTEECOUNCILWOMAN SHANNON RICE

Item # 1744Berryhill Bridge Concept

Item # 1745Rezoning Request for One Parcel from SSC-RC to C-3

Item # 1751Updating of Floodplain Management Ordinance

Item # 1753Excess Property Available for Affordable Housing

Item # 1757Milton Cubed

PUBLIC WORKS COMMITTEE

2021-07-06 Executive Committee Agenda.docx Page 3 of 3

Item # 1743Infant Headstones

Item # 1756Emergency Vehicle Support Training

12. COUNCIL REPORTS

13. MAYOR REPORT: HEATHER LINDSAY

14. CITY MANAGER’S REPORT

Item # 1758Converting Conference Room B to Useable Office Space

15. PUBLIC INPUT

16. ADJOURN/RECESS

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate inthis meeting is asked to advise the City at least 48 hours before the meeting by contacting City Hall, 6738 Dixon Street, Milton,or by calling 983-5410.

“If any person decides to appeal any decision made by the board, agency, or commission, with respect to any matter consideredat such meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, he or she may need toensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which theappeal is to be based.” FS 286.0105

AGENDA ITEM # 1746CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: Grants/Budget Department

Title: American Rescue Plan Act of 2021

Background: The American Rescue Plan Act of 2021 (ARPA), alsocalled the COVID-19 Stimulus Package or AmericanRescue Plan, is a $1.9 trillion economic stimulus billpassed by Congress and signed into law on March 22,2021, to speed up the U.S. COVID-19 Recovery.

Summary: The ARPA appropriates $19.53 billion to States fordistribution to non-entitlement units of local government(NEUs), which are local governments serving a populationunder 50,000. Once payment from Treasury is received,the states will have 30 days to disburse payments to NEUsunless an extension is requested. The Florida Departmentof Emergency Management (FDEM) will distribute ARPAfunds for the State of Florida. The Treasury requires NEUsto sign both a Treasury Award Terms and Conditions ANDa Treasury Assurance of Compliance with Title VI toreceive ARPA funds.

Recommendation: Committee recommends authorizing the signature on bothrequired documents to be eligible to receive up to 4.42million in ARPA funds.

Attachments: Treasury Award Terms and Conditions

Treasury Assurance of Compliance with Title VI

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal Revenues $2,210,000 $2,210,000Program IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

OMB Approved No. 1505-0271

Expiration Date: November 30, 2021

U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS

Recipient name and address:

[Recipient to provide]

DUNS Number: [Recipient to provide]

Taxpayer Identification Number: [Recipient to

provide]

Assistance Listing Number: 21.027

Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the

American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the

Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal

Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.

Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms

attached hereto.

Recipient:

__________________________________________________

Authorized Representative:

Title:

Date signed:

U.S. Department of the Treasury:

__________________________________________________

Authorized Representative:

Title:

Date:

PAPERWORK REDUCTION ACT NOTICE

The information collected will be used for the U.S. Government to process requests for support. The

estimated burden associated with this collection of information is 15 minutes per response. Comments

concerning the accuracy of this burden estimate and suggestions for reducing this burden should be

directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500

Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless

it displays a valid control number assigned by OMB.

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U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

Use of Funds.

a. Recipient understands and agrees that the funds disbursed under this award may only be

used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s

regulations implementing that section, and guidance issued by Treasury regarding the

foregoing.

b. Recipient will determine prior to engaging in any project using this assistance that it has

the institutional, managerial, and financial capability to ensure proper planning,

management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and

ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient

may use award funds to cover eligible costs incurred during the period that begins on March

3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury

as they relate to this award.

Maintenance of and Access to Records

a. Recipient shall maintain records and financial documents sufficient to evidence compliance

with section 603(c) of the Act, Treasury’s regulations implementing that section, and

guidance issued by Treasury regarding the foregoing.

b. The Treasury Office of Inspector General and the Government Accountability Office, or

their authorized representatives, shall have the right of access to records (electronic and

otherwise) of Recipient in order to conduct audits or other investigations.

c. Records shall be maintained by Recipient for a period of five (5) years after all funds have

been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with

funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct

and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of

interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy

is applicable to each activity funded under this award. Recipient and subrecipients must

disclose in writing to Treasury or the pass-through entity, as appropriate, any potential

conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

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Compliance with Applicable Law and Regulations.

a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations

adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury

regarding the foregoing. Recipient also agrees to comply with all other applicable federal

statutes, regulations, and executive orders, and Recipient shall provide for such compliance

by other parties in any agreements it enters into with other parties relating to this award.

b. Federal regulations applicable to this award include, without limitation, the following:

i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may

determine are inapplicable to this Award and subject to such exceptions as may be

otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform

Guidance, implementing the Single Audit Act, shall apply to this award.

ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,

pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is

hereby incorporated by reference.

iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,

pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is

hereby incorporated by reference.

iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension

(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or

condition in all lower tier covered transactions (contracts and subcontracts described

in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and

Treasury’s implementing regulation at 31 C.F.R. Part 19.

v. Recipient Integrity and Performance Matters, pursuant to which the award term set

forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by

reference.

vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.

viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.

§§ 4601-4655) and implementing regulations.

ix. Generally applicable federal environmental laws and regulations.

c. Statutes and regulations prohibiting discrimination applicable to this award include,

without limitation, the following:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s

implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the

basis of race, color, or national origin under programs or activities receiving federal

financial assistance;

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ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601

et seq.), which prohibits discrimination in housing on the basis of race, color,

religion, national origin, sex, familial status, or disability;

iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which

prohibits discrimination on the basis of disability under any program or activity

receiving federal financial assistance;

iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and

Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit

discrimination on the basis of age in programs or activities receiving federal

financial assistance; and

v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§

12101 et seq.), which prohibits discrimination on the basis of disability under

programs, activities, and services provided or made available by state and local

governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other

applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other

program requirements, Treasury may impose additional conditions on the receipt of a

subsequent tranche of future award funds, if any, or take other available remedies as set

forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the

use of funds, previous payments shall be subject to recoupment as provided in section 603(e)

of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5

U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local

government employees whose principal employment is in connection with an activity

financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection

with this award is a violation of federal law and may result in criminal, civil, or administrative

sanctions, including fines, imprisonment, civil damages and penalties, debarment from

participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the

following language: “This project [is being] [was] supported, in whole or in part, by federal

award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department

of the Treasury.”

Debts Owed the Federal Government.

a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally

determined to be authorized to retain under the terms of this award; (2) that are

determined by the Treasury Office of Inspector General to have been misused; or (3)

that are determined by Treasury to be subject to a repayment obligation pursuant to

section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt

to the federal government.

b. Any debts determined to be owed the federal government must be paid promptly by

5

Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s

initial written demand for payment, unless other satisfactory arrangements have been

made or if the Recipient knowingly or improperly retains funds that are a debt as

defined in paragraph 14(a). Treasury will take any actions available to it to collect such

a debt.

Disclaimer.

a. The United States expressly disclaims any and all responsibility or liability to Recipient

or third persons for the actions of Recipient or third persons resulting in death, bodily

injury, property damages, or any other losses resulting in any way from the

performance of this award or any other losses resulting in any way from the

performance of this award or any contract, or subcontract under this award.

b. The acceptance of this award by Recipient does not in any way establish an agency

relationship between the United States and Recipient.

Protections for Whistleblowers.

a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise

discriminate against an employee in reprisal for disclosing to any of the list of persons or

entities provided below, information that the employee reasonably believes is evidence of

gross mismanagement of a federal contract or grant, a gross waste of federal funds, an

abuse of authority relating to a federal contract or grant, a substantial and specific danger

to public health or safety, or a violation of law, rule, or regulation related to a federal

contract (including the competition for or negotiation of a contract) or grant.

b. The list of persons and entities referenced in the paragraph above includes the following:

i. A member of Congress or a representative of a committee of Congress;

ii. An Inspector General;

iii. The Government Accountability Office;

iv. A Treasury employee responsible for contract or grant oversight or management;

v. An authorized official of the Department of Justice or other law enforcement

agency;

vi. A court or grand jury; or

vii. A management official or other employee of Recipient, contractor, or

subcontractor who has the responsibility to investigate, discover, or address

misconduct.

c. Recipient shall inform its employees in writing of the rights and remedies provided under

this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR

19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-

job seat belt policies and programs for their employees when operating company-owned,

rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225

(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to

adopt and enforce policies that ban text messaging while driving, and Recipient should

establish workplace safety policies to decrease accidents caused by distracted drivers.

OMB Approved No. 1505-0271Expiration Date: November 30, 2021

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS

ASSURANCES OF COMPLIANCE WITH TITLE VI OF THECIVIL RIGHTS ACT OF 1964

As a condition of receipt of federal financial assistance from the Department of the Treasury, the [name of Recipient] (hereinafter referred to as “the Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.The assurances applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented bythe Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations . Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

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OMB Approved No. 1505-0271Expiration Date: November 30, 2021

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continuedreceipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structureis used for a purpose for which the federal financial assistance is extended or for another purpose involvingthe provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of allsuch reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other

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OMB Approved No. 1505-0271Expiration Date: November 30, 2021

agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood theRecipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.

_________________________________ Recipient Date

_________________________________Signature of Authorized Official

PAPERWORK REDUCTION ACT NOTICEThe information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

3

AGENDA ITEM # 1747CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: Purchasing

Title: Invitation to Bid (ITB) 2021.05 Generator 100KW

Background: The City solicited bids on May 8, 2021 for purchase of a100KW Generator (removal and installation of new)

Summary: Bid opening was held on June 9, 2021. We received bidsfrom 3 different vendors.

Recommendation: Committee recommendation to award to Bill SmithElectric, LLC for $32,954 plus $11,539 removal andinstallation for a total of $44,493.00

Attachments: Bid Tab with links to bid submittals.Recommendation.

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025Capital 44,593ExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☒ No☐Budget Account No.: Fund 403 Department 0536

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

Present for the City of Milton:

Diane Ebentheuer

Michele Williams

Curtis Krebs

Joe Cook

Others in attendance:

Jake Smith

Chad Clary

ITB 2021.05 Generator 100KW

Generator 100KWRemove

Old/Install New

1 Bill Smith Electric, Inc. 32,954.00$ 11,539.00$

2 TAW Power Systems 34,636.00$ 29,696.00$

3 Barker Electric, LLC 42,252.00$ 7,800.00$

BID TABULATION

Bid opening was held at 2:00 p.m. The purpose of the meeting was to receive bids for the

following solicitation:

06/09/2021 2:00 p.m.

Bill Smith Electric, Inc.

TAW Power Systems

Purchasing Officer

Purchasing Assistant

Chief Accountant

Public Works Director

AGENDA ITEM # 1759CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: Budget

Title: FY2022 Millage Rate

Background: Every year the Council must discuss and decide if thecurrent Millage Rate should remain the same, decrease orincrease.

Summary: The current Millage Rate for the City of Milton is 3.0841which is the “Rolled-Back Rate,” from the previous rate of3.2373 and that held the same since FY2009. The “Rolled-Back Rate” generated the same amount of property taxrevenues as approved for the prior year. As with last year,if another “Rolled-Back Rate” is adopted by Council thisrate would generate the same amount of property taxrevenue. If the tax base increases, the rolled-back rate isless than the prior year’s rate.

Recommendation: For discussion

Attachments: Milton Preliminary budgeting letter

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT 0

Is Item Included In Current Budget? Yes☒ No☐Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

Gregory S. Brown II, CFA

Santa Rosa County Property Appraiser

MAIN OFFICE SOUTH SERVICE CENTER 6495 Caroline Street, Suite K 5841 Gulf Breeze Pkwy Suite A Milton, Florida 32570 Gulf Breeze, Florida 32563 (850) 983-1880 (850) 983-1880

June 1, 2021 Dewitt Nobles Milton City Clerk PO Box 909 Milton, FL 32572 Dear Mrs. Nobles: Pursuant to Florida Statute 200.65(8), this letter is to advise you of the estimated value for preliminary budgeting purposes. The 2021 estimated value for your district is: 2020 Final Value $384,519,241 2021 Estimated Taxable Value $409,817,454 2021 Estimated New Construction $7,994,847 2021 Estimated Net Taxable Value $401,822,607 The Certification of Taxable Value will be sent to you on or before July 1, 2021. Should you have any questions, please do not hesitate to contact me. Sincerely, Gregory S. Brown II, CFA Property Appraiser Santa Rosa County

AGENDA ITEM # 1760CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☒ Action ☐ Discussion

Committee: Administration

Department and Division: Grants Management

Title: Defense Communities Infrastructure Program (DCIP)

Background: Last year, the City of Milton submitted a DCIP grantapplication for the new wastewater treatment plant project.DCIP’s funding priority last year was family quality of lifeprojects (i.e., schools and recreation centers) and the entireappropriated $50 million was awarded to only priorityprojects in 2020.

This year, the project category priority is military value andNAS Whiting Field has again agreed to endorse the newwastewater treatment plant project for fundingconsideration. Proposals are due on or before 5 p.m. PDTon July12, 2021.

Summary: A utility infrastructure project is more compatible with thisyear’s priority category. The estimated cost for the InfluentForce Main from NAS Whiting Field is 3 million. A grantrequest for the amount that directly benefits the militaryinstallation should prove competitive this funding cycle.

Recommendation: Authorize the submission of the DCIP application for 3million.

Attachments:

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1761CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: City Manager’s Office

Title: Emergency Purchase for Community Center

Background: This is an emergency repair for the Community CenterGym HVAC/Chiller

Summary: The emergency repair needs to be made as the system wentdown last week and was only operating on one compressor.The repair is needed as it is necessary to keep theCommunity Center operational.

Recommendation: For informational purposes only

Attachments: Copy of letter of Comfort Systems USA (HVACMaintenance Contractor)

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025Capital XExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT $21,330

FTE IMPACT 0

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 001 Department 0572

B. Recommended Sources of Funds/Summary of Fiscal Impact: Funds have beentransferred from R&M of the Community Center, Fieldhouse and Parks Personnel budget to fundthis necessary project.

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1762CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: Budget

Title: Fire Resolution establishing Fire Fees for FY 2022

Background: This is the Fire Fees Resolution passed each year

Summary: The Fire Department’s actual costs for the 4 prior years areanalyzed to recover through Fire Fee assessments. Costsare broken down into 2 different tiers. The total to bedivided among the parcels through Fire Fee assessments is$189,001.56.

Tier 1 is $34.99 per property ($153,268.51) for Readinessto Serve (currently $35.38)

Tier 2 is $0.0447 per thousand dollars of improvement($35,733.05) for Replacement Value of Improvement(currently $0.055)

Recommendation: For review and approval.

Attachments: Fire Fees Resolution

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

RevenueNET FISCAL IMPACT $189,001.56

FTE IMPACT 0

Is Item Included In Current Budget? Yes☒ No☐Budget Account No.: Fund Department Click or tap here to enter text.

B. Recommended Sources of Funds/Summary of Fiscal Impact: Staff recommends Fire Feerates for FY2022.

Tier 1 is $34.99 per property Tier 2 is $0.0447 per thousand dollars of improvement

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

1

RESOLUTION NO: ____-21

A RESOLUTION OF THE CITY COUNCIL OF MILTON, FLORIDA, RELATINGTO THE AVAILABILITY AND FUNDING OF FIRE PROTECTION ANDRELATED ESSENTIAL SERVICES WITHIN THE CITY; PROVIDING FOR THEIMPOSITION OF SPECIAL ASSESSMENTS WITHIN THE CITY TO FUND, INPART, THE SERVICES, FACILITIES AND PROGRAMS ASSOCIATED WITHTHE CONTINUAL READINESS TO PROVIDE FIRE PROTECTION;IDENTIFYING BENEFITS, BURDENS AND COSTS TO BE ASSESSED;ESTABLISHING THE METHOD OF APPORTIONING BENEFITS, BURDENSAND COSTS AMONG SPECIALLY BENEFITED PROPERTY; ADOPTING ANASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION;PROVIDING FOR ASSOCIATED POLICY DIRECTION; AND PROVIDING ANEFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, FLORIDA, AS FOLLOWS:

ARTICLE I. INTRODUCTION

SECTION 1.01. AUTHORITY. This Resolution of the City of Milton, Florida is adopted pursuant to Ordinance

No. 1428-16 (the "Fire Assessment Ordinance"), Sections 166.21 and 166.041, Florida Statutes, and other applicable

provisions of law.

SECTION 1.02. DEFINITIONS. This Resolution constitutes the Annual Assessment Resolution as defined in the

Fire Assessment Ordinance. All capitalized words and terms not otherwise defined herein shall have the meaning set forth

in the Fire Assessment Ordinance, unless the context hereof otherwise requires.

SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the

singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder"

and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before,

the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the

sense indicates otherwise.

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SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared as follows:

(A) The constant and continued preparedness to provide fire protection services, facilities and programs possesses a

rational relationship to the use and enjoyment of real property by: (1) protecting the value of the improvements

and structures through the continual availability of fire control and provision of fire protection and associated

rescue services; (2) protecting the life and safety of intended occupants in the use and enjoyment of real property;

(3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire protection and

associated rescue program within the City; (4) providing protection for uninsured or underinsured property and

property owners; and (5) containing the spread of fire incidents, sometimes occurring on vacant or undeveloped

property, with the potential to spread and endanger the structures and occupants of nearby improved property,

thereby limiting liability.

(B) The sharing of benefits, burdens and costs for fire protection services and facilities based upon the replacement

value of improvements for each Tax Parcel in the City as compared to the replacement value of improvements for

all Tax Parcels in the City could conceivably serve alone as a fair and reasonable means to apportion entirely the

Fire Services Assessed Cost. Such approach substantially removes the underlying land values from consideration

and reasonably focuses upon the built environment on the land protected by fire services, facilities and programs.

This is a direct and logically related means to share benefits, burdens and costs of fire protection services,

facilities and programs.

(C) It is also clear that the relative improvement value of improvements to land may be utilized as one factor among

others considered in a given formula or calculus since the resulting Assessments are formed from a reasoned or

logical base against which the special benefits, burdens and costs may be multiplied or determined.

(D) Apportionment on the basis of replacement value derived from the relative improvement value (as determined by

data derived from the Tax Roll prepared by the Property Appraiser) recognizes the relatively higher benefit

accruing to properties which face greater financial loss in the event of fire incident.

(E) Besides the advantage of relying upon data prepared by the Property Appraiser in the normal conduct of his or her

responsibilities, an approach based in whole or in part upon relative improvement value is also advantageous

because it is self- correcting. Relative value of improvements may change from year to year in accordance with

market conditions and other factors and such variation will be adjusted automatically each subsequent year in

accordance with the updated improvement value determined by the Property Appraiser. If the improvements on a

given Tax Parcel were to increase or decrease in value with the passage of time relative to the updated

improvement value city- wide, that Tax Parcel's relative percentage to the total amount assessed for that Tax

Parcel and all Tax Parcels would also increase or decrease proportionately.

(F) The mere availability of fire protection services and facilities benefits each Tax Parcel of real property in the City

in a substantially uniform fashion by relieving the common burden placed upon City services and facilities

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collectively created by individual Tax Parcels whether a fire event occurs or not. Fundamentally, the presence of

each Tax Parcel within the City creates a comparable and similar requirement to stand ready to serve and

continually maintain a preparedness to provide fire protection and associated services and facilities for all Tax

Parcels.

(G) The City's core preparedness costs are generally those necessary to maintain the readiness of fire personnel to

respond in the event of random emergency calls and to assure an effective network of coverage for basic

insurance ratings. Such preparedness is continual and predominantly lies in wait for the emergency of a fire

incident.

(H) The Council has carefully considered the information prepared by City Staff describing a special assessment

apportionment methodology designed to fund all or some portion of the City's annual budget expenditures

corresponding to fixed and variable costs incurred in maintaining common or similar continual readiness to

provide fire protection to all parcels and the actual provision of service to all parcels.

(I) Preparedness costs of lying in wait are largely recurring, almost fixed over the course of a budgetary period,

because they are typically associated with wages, salaries, administration, and overhead which support the

constant availability of services and facilities. Such core costs must be absorbed even when firefighting

capabilities remain exclusively in standby mode.

(J) Fixed costs can generally be described as those costs incurred in providing services, facilities and programs

required for readiness to provide fire protection which do not necessarily vary from parcel to parcel based upon

property classification, parcel- specific physical characteristics (improvements) or actual demand in the event of

deployment. Variable costs are those dependent upon or which more closely bear a direct relationship to property

classification and/or parcel-specific physical characteristics such as replacement value of improvements, and

therefore are more likely to vary from parcel to parcel.

(K) The constant potential for the outbreak of a fire represents the predominant requirement for service. When and

where a fire incident occurs is essentially an unknown and a difficult variable to accurately predict. The scale of

this potential defines the basic underlying cost of being prepared to limit fire loss and to protect property values.

From a policy and public purpose standpoint, preparedness is the predominant activity of the City's fire services

and facilities. The City, in this state of readiness, must consider the committable personnel, necessary equipment

and facilities, and the time likely required to extinguish a fire (planning or preparing for the potential incident or

event) prior to the emergency allocation of direct resources enabling a fire to be extinguished as quickly as

possible (deploying to or intervening in the incident or event itself). The amount of resources for fire protection

service, facilities and programs made available in such a continual preparedness exercise each year is a public

administration and policy decision which necessarily focuses in the aggregate on all property within the City.

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(L) In developing a recurring revenue source to fund a portion of the core fixed cost component of the City's annual

budget associated with a continued readiness to provide fire protection services, facilities and programs, it is not

necessary to solely focus on the size, value or physical characteristics of individual Tax Parcels for fire protection.

Instead, in this context, each individual Tax Parcel contributes similarly to the required state of readiness, and

similarly and substantially shares the same benefits from such cost components; and, therefore it is fair and

reasonable to ask the owner of each Tax Parcel to contribute equally toward funding all or a portion of the costs

associated with such continual readiness to provide fire protection services and facilities.

(M) The findings contained herein are premised upon information, input, analysis and review from City staff, officials,

and public comment, as well as careful consideration by the City Council. A combination of the foregoing yields

a reasoned apportionment methodology premised upon two distinct tiers or classes of apportionment allocation:

Tier 1- a sharing of benefits, burdens and costs for fire protection services and facilities on a per Tax Parcel

allocation premised upon maintaining a continual state of preparedness and readiness to serve whether or not a

request for actual assistance is ever received; and, Tier 2 - a sharing of benefits, burdens and costs for fire

protection services and facilities based upon the replacement value of improvements for each Tax Parcel in the

City as compared to the value of improvements for all Tax Parcels in the City. Although either of these two tiers

might be used singularly to address a significant portion of the budget for special assessment apportionment

purposes, together they provide a simplified and powerful equity tool for the City to fairly and reasonably share

assessable benefits, burdens and costs among all assessable Tax Parcels in the City.

(N) Allocating a portion of the costs attributable to the City's continual readiness to provide fire protection services

and facilities on a Tax Parcel basis reasonably avoids cost inefficiencies and unnecessary administration, and is a

fair, efficient and reasonable mechanism to allocate such costs among all Tax Parcels.

(1) The use of data derived from the Tax Roll (both in form and content), which is a publicly and uniformly

maintained database of all Tax Parcels employed by the Property Appraiser and Tax Collector, is an

accurate, fair, and efficient means to allocate or distribute Fire Service Assessed Costs associated with

standing ready to provide fire protection and associated services and facilities and the provision of said

services.

(P) It is fair, reasonable, effective, and efficient for all Tax Parcels, including statutorily defined parcels such as

individual condominium or cooperative units with extraordinary alienability, to share equally in the core fixed

costs represented by the special assessments to be imposed hereby, particularly since such costs are not

necessarily dependent upon or determined by physical characteristics or demand in the event of deployment.

(Q) It is also fair and reasonable that some portion of fixed costs and variable costs be shared and distributed among

Tax Parcels, including statutorily defined parcels such as individual condominium or cooperative units with

extraordinary alienability, using the apportionment methods which are weighted more heavily on the Fire

5

Assessment Roll (using data from the Tax Roll) toward physical characteristics, such as those represented by the

replacement value of improvements.

(R) City Staff has reviewed current and prior year budget information related to the provision of fire protection

services and facilities and conducted a reasoned analysis of advanced life support services ("ALS"), to avoid any

question that the Fire Service Assessed Cost improperly includes emergency medical services other than first

response medical services routinely delivered by fire fighters. This is a well-considered means to isolate such

advanced life support medical services from fire service related responses and avoid debate as to case law validity

of the resulting Fire Services Assessment.

(S) City Staff has reviewed current and prior budget information related to the provision of fire protection services

and facilities and conducted a reasoned analysis of preparedness and provision cost budget components, resulting

in the determination that all Tax Parcels benefit in a substantially uniform manner from services, facilities and

programs characterized as fixed and otherwise necessary to provide a continual readiness to provide fire

protection. City Staff has determined that a portion of the fire department budget could be reasonably allocated

per Tax Parcel to preparedness cost expenditures incurred in maintaining readiness to provide fire protection and

associated services and facilities (Tier 1); and a portion of the fire department budget could be reasonably

allocated to both fixed and variable cost expenditures of the actual provision of services based upon the

replacement value of improvements associated with each Tax Parcel (Tier 2).

(T) It is fair and reasonable to fund all or a portion of the Fire Services Assessed Cost on the basis of the replacement

value of improvements associated with each Tax Parcel compared to the total replacement value of all

improvements in the City in order to recognize the proportional benefit accruing to properties which face greater

financial loss in the event of fire incident.

(U) It is fair and reasonable to multiply the established budget for fire protection services, facilities and programs by

an identified proportion of the costs associated with the continual readiness to provide fire protection, in order to

determine a proportional amount of the estimated budget allocable to such costs; and, then divide such amount by

the total number of Tax Parcels within the City in order to determine the proposed annual rate of assessment per

Tax Parcel in an attempt to uniformly and proportionally fund such preparedness costs.

(V) The City is not required to fully fund any given essential service or improvement cost through a special

assessment. So long as the application of funds is for a public purpose and funds are legally available, the City

may alternatively determine to fund all or some discrete portion of an essential service or improvement, such as

fire protection services, facilities and programs, with the general fund or other legally available revenues. The

determination as to whether to contribute other legally available revenues, and how much to contribute, lies solely

in the discretion of the City Council.

6

(W) There is no requirement that the City impose an assessment for the maximum amount of the budget which can

be funded by special assessments. Stated in the alternative, the City Council may annually determine as a tax

equity tool to impose special assessments at a rate less than necessary to fund all or any specific portion of the

costs which might otherwise be funded by special assessments associated with fire protection services and

facilities. Costs incurred in providing fire protection services, facilities and programs not otherwise funded

through Fire Services Assessments may be paid with general fund or other legally available revenues. Such

legally available revenues as a matter of policy may be applied exclusively to any tier or class of budget allocation

or expense otherwise funded by a special assessment, in part to one tier or class of any budget allocation or

expense, or in any combination thereof, and maintain the validity of each apportionment approach used for the

remaining portion of the budget attributed to the Fire Service Assessed Cost. The flexibility is implemented

through a policy and legislative determination employed through careful adherence to case law, statutory law, and

the State Constitution, as well as the exercise of annual budget responsibility, discretion and equity vested in the

City Council. However, in no event shall any annual rate of special assessment exceed that previously noticed to

the affected land owners without further notice and public hearing pursuant to the Fire Assessment Ordinance.

(X) The City Council is cognizant that any system, metric or analytical view of appraising benefits or assessing costs

will be open to some criticism or suggestion of alternative methods or approaches, and has labored to educate

itself as to the facts, analysis, law and policy latitudes available to it in determining the Fire Services Assessed

Cost and the rate of the Fire Services Assessment and approving the Fire Services Assessment Roll.

(Y) The apportionment among Tax Parcels of a portion of the City's annual budget for fire protection services,

facilities and programs represented by the assessment rates and Fire Services Assessments hereby adopted, are

reasonably characterized as necessary for providing the continual readiness to provide fire protection,

notwithstanding whether fire incidents or fire calls materialize or not; and, is hereby determined to be a fair and

reasonable means to annually allocate and share such benefits, burdens and costs.

(Z) The benefits derived or burdens relieved from the continual readiness to provide fire protection services, facilities

and programs as to each Tax Parcel subjected to the Fire Services Assessments equal or exceed the amount of the

special assessments levied and imposed hereunder. The Assessment for any Tax Parcel within the City in

employing such an approach also does not exceed the proportional benefits that such Tax Parcel will receive

compared to any other Tax Parcel so assessed within the City.

(AA) The City Council hereby finds and determines that the Fire Services Assessments to be imposed in accordance

with this Resolution provide a proper and equitable method of funding associated fire protection services and

facilities by fairly and reasonably allocating a portion of the cost thereof among specially benefited property.

7

ARTICLE II. NOTICE AND PUBLIC HEARING

SECTION 2.01. ESTIMATED FIRE SERVICE ASSESSED COST; RATE OF ASSESSMENT.(A) The estimated Fire Service Assessed Cost to be recovered through Fire Service Assessments for the Fiscal Year

commencing October 1, 2021 is $189,001.56. ($153,268.51 for Tier 1- per Tax Parcel for readiness to serve; and

$35,733.05 for Tier 2 - relative value of improvement for each Tax Parcel) The total is derived from the average

of actual operating and capital costs from the previous four (4) years, with approximately eighty-one percent

(81%) reasonably allocated to Tier 1; and nineteen percent (19%) reasonably allocated to Tier 2. Parcel

information is based on the data provided annually by the Santa Rosa County Property Appraiser.

(B) The Fire Service Assessments established in this Annual Assessment Resolution are determined by the

assessment rates prepared for consideration by the public and City Council in the preparation of the Fire Service

Assessment Roll for the Fiscal Year commencing October 1, 2021.

(C) The rate of Fire Services Assessment is $34.99 per Tax Parcel (Tier 1), plus $0.045 per thousand dollars of

improvements, or fraction thereof, for each Tax Parcel as reflected in the Tax Roll (Tier 2).

(D) The administrative costs to be recovered through the Fire Service Assessments for the Fiscal Year Commencing

October 1, 2021 is $0.00.

(E) A Public Hearing was held on January 12, 2016.

SECTION 2.02. FIRE SERVICES ASSESSMENT ROLL.(A) The Assessment Coordinator has prepared a preliminary Fire Service Assessment Roll that contains the following

information:

(1) A summary description of each Tax Parcel (conforming to the description contained on the Tax Roll

maintained by the Property Appraiser for the purpose of levying and collecting ad valorem taxes) which is

intended to be subject to the Fire Service Assessment;

(2) The name of the owner of record of each Tax Parcel, as shown on the Tax Roll; and

(3) The proposed amount of the total Fire Service Assessment for each affected Tax Parcel for the fiscal year

as referenced in Section 2.01, exclusive of anticipated costs of collection and administration.

(B) In the event the City also imposes or collects an impact fee upon new growth or development for capital

improvements related to fire protection, the special assessments provided for hereunder shall not include costs

8

attributable to capital improvements necessitated by new growth or development which were included in the

computation of such impact fee or which are otherwise funded by such impact fee.

(C) Copies of the Fire Assessment Ordinance, this Resolution and the preliminary Fire Services Assessment Roll have

been made available in the City Clerk's office at 6738 Dixon Street, Milton, Florida or have been open to public

inspection in a manner consistent with the Fire Assessment Ordinance. The amount of the proposed Assessment

for each Tax Parcel has been noticed through the City's website and accessible through the internet at

www.miltonfl.org.

(D) In the event the Assessment Coordinator makes any corrections, exemptions, administrative hardship deferrals or

other modifications to the Assessment Roll authorized by the Fire Assessment Ordinance, this Resolution or

otherwise, all funding for such changes to the Assessment Roll shall be funded by legally available funds other

than direct proceeds of the Fire Services Assessment. Such changes shall not require any recalculation or change

in the rate or rates of assessment otherwise considered or adopted pursuant to the Assessment Ordinance or any

Annual Assessment Resolution.

SECTION 2.03. NOTICE BY PUBLICATION. The Assessment Coordinator directed the publication of

notice of a public hearing in the manner and time provided in the Fire Assessment Ordinance. Proof of publication of the

notice is attached hereto as Appendix A.

SECTION 2.04. PUBLIC HEARING. A public hearing was held (reference Section 2.01) in Council Chambers

at City Hall, 6738 Dixon Street, Milton, Florida, at which time the Council received and considered information and

comments on the Fire Services Assessment from City officials, staff and advisors, as well as the public and affected

property owners, and considered imposing Fire Services Assessments and the method of collection thereof as required by

the Fire Assessment Ordinance.

ARTICLE III. ASSESSMENTS

SECTION 3.01. IMPOSITION THROUGHOUT CITY. Upon adoption hereof, Fire Services

Assessments are to be imposed throughout the entire area within the boundaries of the City and this Resolution shall be

deemed to be adopted and confirmed for all purposes.

9

SECTION 3.02. IMPOSITION OF ASSESSMENTS. Fire Service Assessments shall be imposed against

Tax Parcels located within the City, the annual amount of which shall be computed for each Tax Parcel in accordance

with this Resolution. When imposed, the Fire Services Assessment for each Fiscal Year shall constitute a lien upon

Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad

valorem assessments as provided in the Assessment Ordinance.

SECTION 3.03. APPORTIONMENT APPROACH.(A) As provided for herein, the Fire Services Assessed Cost shall be apportioned among all Tax Parcels within the

City. The estimated Fire Services Assessed Cost and rate of Fire Services Assessment shall be that described in

Section 2.01 hereof.

(B) It is hereby ascertained, determined, and declared that the method of determining the Fire Service Assessments as

set forth in this Annual Assessment Resolution is a fair and reasonable method of apportioning the Fire Services

Assessed Cost among Tax Parcels of Assessed Property located within the City.

(C) The Fire Services Assessment Roll is hereby approved.

SECTION 3.04. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from

the Fire Services Assessments, after payment of costs and expenses associated with collection and administration of the

Assessments, shall be utilized for the provision of fire protection related services, facilities, and programs associated with

maintaining continual readiness to serve and the provision of service. In the event there is any fund balance remaining at

the end of the Fiscal Year, such balance shall be carried forward and used only to fund costs associated with fire

protection related services, facilities, and programs.

SECTION 3.05. COLLECTION OF ASSESSMENTS; VALIDATION.(A) Unless otherwise determined by the City Council, collection of the Fire Services Assessments shall take place

pursuant to the uniform method of collection described in Article III of the Assessment Ordinance.

(B) The amount of the Assessment billed to each owner of Assessed Property may include a pro rata share of the costs

and expenses associated with collection and administration of the Assessments.

(C) Capital equipment and facilities are fundamental components to the preparedness necessary to continually stand

ready to provide fire protection services, facilities and programs. Following adoption of this Annual Assessment

Resolution, but prior to the date on which the Fire Service Assessment Roll is certified for collection, the

Assessment Coordinator and counsel for the City are directed and authorized to promptly institute proceedings

10

pursuant to Chapter 75, Florida Statutes, if applicable, for validation of any Obligations to be secured by the

Assessments. Unless directed otherwise by resolution of the City Council, the imposition and collection of

Assessments as provided herein shall be contingent upon the validation of any such Obligations and the appeal

period having expired without an appeal having been taken and/or any appeal having been resolved in favor of the

City. Any Obligations issued by the City shall contain a covenant by the City to adopt an Annual Assessment

Resolution Imposing Assessments for each Fiscal Year until the Obligations have been paid in full.

SECTION 3.06. EXEMPTION.(A) The City Council reserves the right and ability in the future to find and hold exempt from Fire Services

Assessments, any Tax Parcel or property.

(B) Using legally available funds other than the proceeds of the Fire Services Assessments, the City shall otherwise

fund or contribute an amount equal to the Fire Services Assessments that would have been otherwise derived from

such exempt Tax parcels or properties.

(C) The following Tax Parcel classifications are special designations used by the Property Appraiser for

recordkeeping purposes and do not represent actual or assessable Tax Parcels and are not subject to the Fire

Service Assessments contemplated hereunder: (1) common element, (2) header record, and (3) notes parcel.

(D) Certain Tax Parcels associated with the following classifications used by the Property Appraiser typically do not

receive a special benefit from the provision of fire protection services and facilities or are infeasible or impractical

to assess, and therefore are not subject to the Fire Services Assessments contemplated hereunder: (1) subsurface

rights, (2) public right-of-way, (3) rivers, lakes & submerged land, (4) sewage disposal & waste lands, and (5)

Water Management lands.

(E) Certain Extra Features associated with the following classifications used by the Property Appraiser which have

been determined to receive no benefit from the provision of fire protection services and facilities or are infeasible

or impractical to assess are not subject to the Fire Services Assessments contemplated hereunder: (1) Asphalt, (2)

Brick Paving, (3) Cell Site/Tower, (4) Concrete, (5) Driveway, (6) Helicopter Pad, (7) MH Park Site, (8) MH Site,

(9) MH Vacant Site, (10) Parking Space, (11) Patio, (12) Pavement, (13) Sidewalk, (14) Swimming Pool, and (15)

Walkway.

(E) The foregoing classifications of properties and/or features are reasonably determined to be inappropriate,

infeasible or impracticable to assess, and either benefit marginally or create a lesser or nominal demand or burden

on the City's costs associated with readiness to serve, and do not merit the expenditure of public funds to impose

or collect the Fire Services Assessments. The Assessment Coordinator, or designee, is authorized and directed to

use sound judgment in extending such determinations and guidance as the Fire Services Assessment Roll is

collected.

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(G) The City Council reserves the right and ability in the future to impose Fire Services Assessments against the

properties and features indicated in the foregoing, to the extent permitted by law or otherwise in the event

required or directed to do so by a court of competent jurisdiction.

SECTION 3.07. EFFECT OF ANNUAL ASSESSMENT RESOLUTION.

The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein

(including, but not limited to, the method of apportionment and assessment, the rate or rates of assessment, the

Assessment Roll, and the levy and lien of the Assessments), unless proper steps are initiated in a court of competent

jurisdiction to secure relief within twenty (20) days from the date of City Council's adoption of this Annual Assessment

Resolution.

ARTICLE IV. GENERAL PROVISIONS

SECTION 4.01. AUTHORIZATIONS. The Mayor and any member of the City Council, the City Manager, the

City Attorney, the Clerk, the Fire Chief and such other officials, employees or agents of the City as may be designated by

the City Manager are authorized and empowered, collectively or individually, to take all action and steps and to execute

all instruments, documents, and contracts on behalf of the City that are necessary or desirable in connection with the

imposition and collection of the Fire Services Assessments contemplated hereunder, and which are specifically authorized

or are not inconsistent with the terms and provisions of this Resolution.

SECTION 4.02. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to

the extent of such conflict.

SECTION 4.03. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or

circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be

given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to

be severable.

12

SECTION 4.04. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon

its passage and adoption. ADOPTED THIS ______ day of _______________ , 20____

CITY COUNCIL OFCITY OF MILTON

By: _____________________________Heather Lindsay, Mayor

ATTEST:

______________________________Dewitt Nobles, City Clerk

APPROVED:

______________________________Alex Andrade, City Attorney

13

APPENDIX A. PROOF OF PUBLICATION.

14

AGENDA ITEM # 1749CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Economic Development

Department and Division: Office of Economic Development, Special Events

Title: Coming Clean 5K Run/Walk

Background: West Florida Baptist Church is looking to hold a fun run inDowntown Milton.

Summary: Coming Clean 5K will start at 7:30 am at JernigansLanding on August 28, 2021. The run will depart Jerniganslanding, heading down the Riverwalk, under Hwy 90 whereit will then turn up the sidewalk on Hwy 90 heading eastbound to Harber Landing. The run will continue throughHarber Landing and onto the Old River Trail to the Navyboat docks where it will then turn around and head back toJernigans Landing. The route is called an “A to A”,meaning that it will start and end in the same location. TheCity’s portable restroom has been requested for use as wellas amplified sound, power activation, and the possibility ofwaterslide bounce houses. This event is to be funded byWest Florida Baptist Church.

Recommendation: City recommends the approval of this event.

Attachments: Special Event Permit Application, site map, and run route.

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram Income $850In-Kind Match

NET FISCAL IMPACT $0

FTE IMPACT 1

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:West Florida Baptist will be paying the permit amount based on the items they selected on theapplication.

C. Department Fiscal Review: ____N/A____________________

REVIEW COMMENTS

A. Legal Sufficiency: _________N/A_____________City Attorney

B. Other Department Review: ____Revenue Code – E6 to be used_____________

Committee Assignment:

☐ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☒ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1750CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Economic Development

Department and Division: Office of Economic Development, Special Events

Title: 4th Annual Milton Mardi Gras Parade

Background: Krewe of Airship Pirates is proud to present the 4th annualMilton Mardi Gras Parade. In 2022, we are hoping toexpand the overall event to include a two night/two day“festival.” Our three-year history of a successful event hasproven that the citizens of the City of Milton as well ascitizens of nearby communities, counties, and statessupport and anxiously await the annual event.

Summary: Krewe of Airship Pirates are asking to hold a two-dayevent with increased City support. Full in-kind support forcity services, festival grounds, and equipment are requestedwith additional monetary request of $5000. If funding isapproved, the Krewe will be able to expand the event into atwo-day Mardi Gras Festival which is intended to increaserevenue for city businesses and increase the number of“heads-in-bed”. The expansion of the event to a two-dayfestival is expected to increase awareness of the event inMilton and projected to allow for additional expansion inthe future with mainstream, headliner bands and artistswhich will contribute to even larger increases in attendeenumbers.

Please see the attached Special Event Permit Applicationand Outside Agency Funding Application for detailedexplanation of the request.

Recommendation: Council direction.

Attachments: Special Event Permit Application, Outside AgencyFunding Application.

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025Capital $5000ExpendituresOperating Costs $3400External RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT $8400

FTE IMPACT 10+

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:If approved, funds from Natural Gas of Milton Marketing – Advertising / Promotion#402-0533-533.48-00 can be used to support this program’s monetary request.

C. Department Fiscal Review: _____________________

REVIEW COMMENTS

A. Legal Sufficiency: _________N/A_____________City Attorney

B. Other Department Review: _____________________

Committee Assignment:

☐ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☒ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1744CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Growth & Development

Department and Division: Planning & Development

Title: Berryhill Bridge Concept

Background: On April 9, 2019, the Milton City Council voted 6-2 toadopt Resolution 1463-19, opposing the four-laneexpansion of U.S. Route 90 through historic downtownMilton. The four-lane expansion of U.S. 90 from StewartSt. to Ward Basin Road is presently ranked as the 10th

highest Non Strategic Intermodal System (Non-SIS)priority on the Florida-Alabama TPO’s priority list. $2.75million of Project Engineering money is currentlyprogramed to take place in 2023 for this project.

Summary: In April and May 2021, Councilman Jeff Snow, andcitizens Jack Sanborn and Vernon Compton met with CityManager Randy Jorgenson and Director of Planning &Development Andrew Zupkoff to discuss an initial conceptfor an alternative to the proposed U.S. 90 expansion thatinvolved a secondary two-way traffic bridge that spansnortheast from the intersection of Berryhill Rd, Willing St.,and Broad St. over the Blackwater River to a new lightedintersection near the current entrance to Russell HarberPark, where the bridge joins U.S. Route 90, whichcontinues as four lanes eastbound from that point, to WardBasin Road. Due to the location of the bridge in the newconcept, the existing entrance to Russell Harber Park iseliminated in favor of two entrances into the park from the

new bridge: one in the eastbound lane, one in the westbound lane.

Utilizing his own private funding, Mr. Sanborn hired avideo production firm to render a visual representation ofthis concept utilizing drone footage of the current layout,overlayed with a conceptual graphic of the new bridge andassociated features.

For this alternative project to occur, it would need to gothrough the Florida Department of Transportation’s PD&Estudy to determine social, economic, natural, and physicalenvironmental impacts associated with the proposedtransportation project. The process requires the combinedefforts of professional engineers, planners and scientistswho collect and analyze project-related information todevelop the best solution for transportation needs. Atopical, regional example of a PD&E process driven byaction from a municipality is the attempt of the City of FortWalton Beach to reroute U.S. Route 98 north of downtownFort Walton Beach. The City of Fort Walton Beachcommitted to pay FDOT up to $1 million in matchingfunds to help pay for that PD&E study which is estimatedto cost approximately $2 million, and take a total time of18-36 months to complete.

Recommendation: Staff awaits direction of Council.

Attachments:

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☒ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1745CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Growth & Development

Department and Division: Planning & Development

Title: Rezoning Request for One Parcel from SSC-RC, Stewart St.Corridor to C-3, High Intensity Commercial Zoning District

Background: Staff received a rezoning request to rezone parcel 34-2N-28-2470-00600-0010 from SSC-RC, Stewart St. Corridor to C-3High Intensity Commercial Zoning District. The petitioner hasexpressed an intention to utilize the property for an outdoor RVstorage facility. An outdoor storage yard is a permitted use inC-3, but is not allowed in SSC-RC.

Summary: Adjacent and surrounding land uses are primarily residential tothe north and west, commercial to the east across Stewart St.,including an automotive body shop and generator sales andservice shop, and a pawn shop to the south.

This use, if rezoning is approved, will be required to complywith Ordinance standards for storage yards, which includes thefollowing:

(1) The storage area must be completely enclosed along all lotlines by a solid fence or wall a minimum of six feet and amaximum of eight feet in height, including ingress and egress.Fences or walls along the front or corner side lot line must beset back a minimum of 10 feet. Within that setback, one shrub a

minimum of three feet in height must be planted linearly everythree feet on center along such fence or wall.

(2) Storage of any kind is prohibited outside the fence or wall.

(3) No items stored within 25 feet of the fence may exceed theheight of the fence or wall for an outdoor storage yard.

(4) Any vehicles stored on-site must be stored so that no fluidswill drain into the storm sewer system.

(5) Storage yards shall conform to all local and stateregulations.

In demonstrating requirements #1 and #3, such items taller thanthe required fence would need to be stored inside the pinkperimeter area shown:

Additionally, this change is consistent with the FLUM, whichdesignates this property as Commercial and the proposed use isCommercial, so there is not a FLUM amendment necessitatedby this request. Plus, this use should not be distinguishablewithin the corridor as there is other, similarly intensive,commercial uses just across Stewart Street and C-2 propertydirectly adjacent to the south. There exist two other C-3 zonedproperties several hundred feet to the north of this property (byDearborn and Applegate) adjacent to SSC-RC, and those C-3sdo not even front the main Stewart St. corridor. The C-3 andSSC-RC districts are not significantly dissimilar, and allowmany of the same uses, with C-3 being only slightly moreintensive. The two mentioned examples to the north showsprecedence of these zones already being sited next to each otherin similar circumstances, without issue.

Recommendation: Considering the ordinance requirements for outdoor storageyards, this rezoning request could be considered consistent withthe commercial uses present in the area, and the screening and

other usage requirements would effectively prohibit sensoryintrusiveness of nearby residences. Council recommendsapproval of the rezoning.

Attachments: Longform data and analysis, Rezoning Application, Warranty Deed,Draft Rezoning Ordinance

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☐Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: _______ordinance under review by attorneys_______________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☒ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

1

Stewart St Rezoning Request

Data & Analysis (a) The city planning board is hereby designated as the local planning agency.

The planning board as established under part II, section 2-521 of the City of Milton Code of

Ordinances, shall be responsible for review and recommendations regarding the

development, updating and amendment of the comprehensive plan and these Land

Development Regulations. All plan amendments and revised regulations shall

require planning board review and recommendation prior to council approval.

--------------------------------------------------------------------------------------------------------------------------------

PROPERTY LOCATION:

EXPLAIN WHY THE PROPERTY CANNOT BE USED UNDER THE PRESENT ZONING CLASSIFICATION:

According to the City of Milton’s Unified Development Code, properties within the SSC-RC, Stewart

Street Corridor, Residential Commercial Mixed-Use Zoning District, are not permitted to be used for

outdoor storage facilities. The proposed use is an outdoor RV storage facility.

2

34-2N-28-2470-00600-0010

34-2N-28-2470-00600-0010

PROPOSED ZONING:

CURRENT ZONING:

zoning.

landscaping could be required to make the business consistent with the intent of the neighborhood

are grandfathered and operating in the district. Provisions including adequate fencing and

EXPLAIN WHY THE REZONING IS NECESSARY TO PERMIT THE REASONABLE USE OF THE PROPERTY/

WHAT PROMPTED THE REQUEST: Within the C-3 Zoning District, an outdoor storage yard is

permitted. The new owner would like to rezone the property to open an outdoor storage facility

that may be consistent with the surrounding neighborhood. Other businesses with outdoor storage

3

UTILITY SERVICE: The property in question is already serviced by City of Milton utilities, and the City

of Milton has adequate capacity to service any increase in utility demand, if applicable.

The applicant has initiated the process to reclassify property from the SSC-RC to the C-3 Zoning

District. This change does not require a change in the future land use designation from General

Commercial.

CURRENT FUTURE LAND USE MAP

Current Zoning Sec. 6.2 (A.4) – SSC-RC, Stewart Street Corridor, Residential Commercial Mixed-Use

Zoning District.

The SSC-RC Mixed Use District designates, regulates, and restricts the location design and use of

buildings and structures; to promote higher standards of exterior appearance of buildings and grounds;

to stabilize and improve property value in a consistent manner while maintaining and improving the

general character of the City; to promote health, safety, and general welfare; and thus to provide the

economic and social benefits resulting from an improved and revitalized mixed-use corridor. It is further

the purpose of this district to promulgate redevelopment and infill of the area as a planned mixture of

4

residential, commercial, and other uses within a pedestrian friendly and multi-modal corridor providing

for various ancillary uses, and amenity features appropriate for a mixed-use corridor

Proposed Zoning Sec. 6.2 (A.6). – C-3 High Intensity Commercial Zoning District.

The purpose of the C-3 High Intensity Commercial Zoning District is to accommodate regional

commercial centers, wholesale distribution, storage, and light manufacturing. The C-3 District provides

for large-scale development that may generate a sizeable amount of traffic and typically requires

significant off-street parking. High density multi-family development is allowed and shall adhere to the

standards required in the R-3 Zoning District.

Please review the following:

Initiate rezoning – if the City Council believe a property is not properly zoned it can initiate rezoning to a

more appropriate, comprehensive plan compliant district. While most rezonings are requested by

property owners, the city has the right to initiate rezonings in order to meet a specific community or

neighborhood goal. The proposed district (R-1) intends to, amongst other things, provide for single-

family detached dwellings. When a zoning district is changed some uses may no longer be permitted

under the new regulations.

Remember that the basis in the law for Land Development Codes and Zoning is a unit of government’s

Comprehensive Plan and any other adopted plan that identifies land based development activities.

Sec. 1.7. – Amendments, supplements, changes, or revisions to this Unified Development Code

(a) Any person, planning agency, or local governing body may request an amendment, supplement,

change or repeal of any regulation, or restriction contained in these regulations. Applications for such

change shall be submitted to the planning and development department, which shall transmit the

application to the local planning agency for review.

(b) Any revision to a zoning district boundary which does not alter the boundary of a land use district

shown on the generalized future land use map, shall be considered a rezoning and shall follow the same

procedure for public notice and hearing as required for amendments, supplements, changes or revisions

to these Land Development Regulations. Such rezoning shall not require a comprehensive plan

amendment. Further, notice of the proposed rezoning shall be posted on the subject property at least

15 days in advance of the scheduled hearing.

(c) Any application for a change of boundary or land use classification as depicted on the future land use

map shall constitute a comprehensive plan amendment which must be recommended by the local

planning agency and approved by the city council. The local planning agency will review each application

and make its recommendation to the city council no later than 90 days after submission of the

application. Upon all requests, the local planning agency shall either recommend to the city council that

a public hearing be held and the plan amendment approved, or that no public hearing be held and the

amendment denied.

(d) Requirements regarding comprehensive plan amendments contained in F.S. ch. 163 shall be met.

5

(e) Any application for an amendment, supplement, change, modification or repeal of the content of these regulations shall follow the same procedure described in subsections (a) through (d) of this section, as applicable. Notice shall be by publication in the local newspaper and posting in city hall. Nothing in this section shall be construed as to allow changes to the Unified Development Code, which are not consistent with the adopted comprehensive plan.

RECOMMENDATION: This proposed rezoning could be considered consistent with the uses currently

existing in the area. Staff recommends approval of the rezoning with concessions to meet the

requirements for fencing and landscaping buffers that meet the guidelines for new development for an

outdoor storage yard defined in the Unified Development Code. These concessions would allow the

owner their intended use for the property while still upholding the intent of the surrounding SSCRC

zoning, improving the property conditions and improving the character of the neighborhood.

ORDINANCE NO. _____________

AN ORDINANCE OF THE CITY OF MILTON, FLORIDA,

REZONING THREE PROPERTIES CONTAINING 0.84 ACRES

OF LAND WITHIN THE CITY OF MILTON, FLORIDA,

FURTHER DESCRIBED IN SECTION 1 HEREIN, FROM SSC-RC

(RESIDENTIAL COMMERCIAL MIXED USE) ZONING

DISTRICT TO THE C-3 (HIGH INTENSITY COMMERCIAL)

ZONING DISTRICT; AUTHORIZING A ZONING MAP

AMENDMENT; PROVIDING FOR SEVERABILITY;

REPEALING ALL ORDINANCES IN CONFLICT HEREWITH,

AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council held a public hearing occurring on XXX XX, 2021 to

consider the rezoning of the property described in section 1 herein; and

WHEREAS, due public notice has been provided pursuant to Chapter 166, Florida

Statutes, and Section 1-8.1 Milton Code of Ordinances: and

WHEREAS, the City Council of the City of Milton Florida, in exercise of its authority,

finds it necessary and desirable to adopt and does hereby adopt the proposed zoning change, in order to

encourage the most appropriate use of land, water and resources consistent with the public interest, and to

deal effectively with future problems that may result from the use and development of land within the City

of Milton as follows.

NOW THEREFORE BE IT ORDAINED BY THE City Council of the City of Milton,

Florida as follows:

Section 1: Intent and Purpose.

That the Zoning District Classification upon the below property situated, lying, and being contained by the

legal boundaries of the City of Milton as listed below and more particularly described in Attachment B:

PARCEL # 34-2N-28-2470-00600-0010

Are hereby changed from the SSC-RC (Residential Commercial Mixed-Use) Zoning District to the C-3

(High Intensity Commercial) Zoning District.

Section 2: Zoning Map Series Amendment.

That the City of Milton Land Development Code is hereby amended as set forth and incorporated herein

by reference, and consists of a Zoning Map Series amendment, attached hereto as Attachment A.

Section 3: Severability.

If any part of this Ordinance shall be held invalid by a court of competent jurisdiction, the remaining parts

shall be severable and shall continue in full force and effect.

Section 4: Copy on File.

An official, true, and correct copy of all elements of the Milton Land Development Code, as adopted and

amended from time to time, shall be maintained by the City Clerk or his or her designee.

Section 5: Effective Date.

This Ordinance shall take effect immediately upon passage and adoption by the City Council.

PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the

City of Milton, Florida, The XX day of XXX, 2021.

Stephen Ringl
Typewriter
1965-21

Page 2 of 4

CITY OF MILTON, FLORIDA

____________________________________________

MAYOR

ATTEST:

______________________________

CITY CLERK

FIRST READING: _________________,

SECOND READING: _____________________

Legal in form and valid when signed by the City Attorney

_____________________________________

Page 3 of 4

ATTACHMENT A

34-2N-28-2470-00600-0010

Page 4 of 4

ATTACHMENT B

PARCEL # 34-2N-28-2470-00600-0010

LEGAL DESCRIPTION:

Lots 1, 2, 3, 4, 5, 6, 12, and 13, Block 6, Milton Heights Subdivision, according to Plat of Milton Heights Subdivision,

being a portion of the Northwest One-Quarter of Section 27, Township 2 North, Range 28 West according to Plat thereof

recorded in Plat Book “A” at page 30 of the Public Records of Santa Rosa County, Florida.

AGENDA ITEM # 1751CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Growth & Development

Department and Division: Planning & Development

Title: Updating of Floodplain Management Ordinance forAdoption of new FEMA Flood Maps

Background: In late May, we received notification that new FEMA floodmaps were set to be adopted on November 19, 2021 forSanta Rosa County, including the City of Milton. As part ofthis map adoption process, a review of the City’sFloodplain Management Ordinance has taken placebetween City staff and personnel with Florida Departmentof Emergency Management (FDEM), to ensure ourcompliance to enforce state and federal flood areadevelopment regulations as they relate to the new maps.

Summary: The review identified some changes that need to be madeto our ordinance to ensure compliance. The ordinancechanges must be adopted before the new maps go intoeffect in November.

Recommendation: Committee recommends ordinance changes.

Attachments: FDEM notes on our ordinance, draft ordinance

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☐Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______ordinance sent to attorney for review________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☒ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

1

MILTON (Santa Rosa County) – downloaded 6/1/2021Brief History:

Ord 1371-12 was based on an early version of DEM model ordinance, and adoptedwithout DEM review and prior to the final FEMA approval

Ord 1424-15 repealed and replaced Ord 1371-12, making corrections to make it line upwith the final FEMA approval

Ord 1459-17 appears to have reinstated regulations that even pre-date Ord 1371-12, bysimply adding on at the end, resulting in a lot of conflict and duplication that DEM SFMOcannot approve or recommend that FEMA approve

To Do – show in corrector draft:

DONEResolve the above – delete all of Article IV – show all lined through DONE LFD issued May 19 – deadline November 19, 2021 – update Sec. 29-32 to show

date of Revised FIS & FIRMs DONE CRS Class 6 – must amend manufactured home provisions (see link below) DONE Accessory structure (see link below) DONE Consider change to market value definition Next draft I’ll prepare the adopting shell (title, whereas, etc.). DONE – SEE GENERAL INSTRUCTIONS (FBCR) Pick up freeboard for city in FBC

amendment – County has +3 only for FBCR (one- and two-family); which is what youadopted in 2017)

DONE quick scan of the Article IV adopted 2017 to see if I pick up anything (notesbelow)

DONESEE PDF OF COUNTY’S FBC AMENDMENT Look at any other higher standardsin County that’s not in city

6/14/21: These three are in Article IV – when we were down there, I added RETAIN ALLTHREE – but now I don’t see my way clear to that without additional input– please reviewagain…..

(11) Limit the alteration of a natural floodplains, stream channels and natural protectionbarriers which are involved in the accommodation or incompatible filling, grading,dredging, drainage, and other development which will result in a damaging increase inerosion, habitat destruction, or adverse impacts on the water quality treatment functionof the floodplain.

(12) In cases where forestry activities are present, a minimum distance of 50 feet ofwooded non-disturbed area shall be maintained adjacent to floodplain and floodproneareas for a natural buffer.

(13) Compatible uses are highly encouraged in floodplain and floodprone areas including,but not limited to, recreational, agricultural, or other open space use.

2

ORDINANCE NO. ____

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OFMILTON, FLORIDA, TO AMEND CHAPTER 29 FLOODPLAIN MANAGMENET,ARTICLES I, II, AND III TO SPECIFY ELEVATION OF MANUFACTURED HOMESIN FLOOD HAZARD AREAS; TO PROVIDE CRITERIA FOR ACCESSORYSTRUCTURES; TO FORMAT A PREVIOUSLY ADOPTED AMENDMENT TO THEFLORIDA BUILDING CODE; TO REPEAL AND RESERVE CHAPTER 29 ARTICLEIV; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.

_____________________________________________________________________

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

WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-008-03Floodplain Management Requirements for Agricultural Structures and Accessory Structures; and

WHEREAS, the City Council has determined it appropriate to adopt regulations that are consistentwith the FEMA Policy to allow issuance of permits for at-grade wet floodproofed accessory structures that arenot larger than the sizes specified in the FEMA Policy.

WHEREAS, the City of Milton participates in the National Flood Insurance Program andparticipates in the NFIP’s Community Rating System, a voluntary incentive program that recognizes andencourages community floodplain management activities that exceed the minimum programrequirements, and achieved a CRS rating of Class 6, making citizens who purchase NFIP floodinsurance policies eligible for premium discounts; and

WHEREAS, in 2020 the NFIP Community Rating System established certain minimumprerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and to satisfythe prerequisite and for the City of Milton to maintain the current CRS rating, all manufactured homesinstalled or replaced in special flood hazard areas must be elevated such that the lowest floors are at orabove at least the base flood elevation plus 1 foot, which necessitates modification of the existingrequirements; and

WHEREAS, the City Council determined that it is in the public interest to amend the floodplainmanagement regulations to better protect owners and occupants of manufactured homes and tocontinue participating in the Community Rating System at the current class rating; and

WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the FloridaBuilding Code that provide for more stringent requirements than those specified in the Code and allowsadoption of local administrative and local technical amendments to the Florida Building Code to implement theNational Flood Insurance Program and incentives; and

WHEREAS, the City Council previously adopted a requirement to additional elevation for dwellings inflood hazard areas, and for the purposes of the Community Rating System and pursuant to section 553.73(5),F.S., is formatting that requirement to coordinate with the Florida Building Code.

3

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Milton that Chapter29 Floodplain Management is amended as set forth in the following amendments, as shown instrikethrough and underline format.

Exhibit A. AMEND ARTICLES I, II, AND III.

Exhibit B. REPEAL AND RESERVE ARTICLE IV.

SECTION 1. FISCAL IMPACT STATEMENT.

In terms of design, plan application review, construction and inspection of buildings and structures, the costimpact as an overall average is negligible in regard to the local technical amendments because all developmenthas been subject to the requirements of the local floodplain management ordinance adopted for participation inthe National Flood Insurance Program. In terms of lower potential for flood damage, there will be continuedsavings and benefits to consumers.

SECTION 2. APPLICABILITY.For the purposes of jurisdictional applicability, this ordinance shall apply in City of Milton, Florida. Thisordinance shall apply to all applications for development, including building permit applications andsubdivision proposals, submitted on or after the effective date of this ordinance.

SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.

It is the intent of the Milton City Council that the provisions of this ordinance shall become and be madea part of the City of Milton’s Code of Ordinances, and that the sections of this ordinance may berenumbered or relettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” orsuch other appropriate word or phrase in order to accomplish such intentions.

SECTION 4. SEVERABILITY.

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

SECTION 5. EFFECTIVE DATE.

This ordinance shall take effect on {insert date}.

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Exhibit A

Chapter 29 - FLOODPLAIN MANAGEMENT

ARTICLE I. - ADMINISTRATION

DIVISION 1. - GENERALLY

Sec. 29-1. - Title.

These regulations shall be known as the floodplain management ordinance of the City ofMilton hereinafter referred to as "this chapter."

(Ord. No. 1371-12, § 2(101.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-2. - Scope.

The provisions of this chapter shall apply to all development that is wholly within or partiallywithin 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, orreplacement of manufactured homes and manufactured buildings; installation or replacement oftanks; placement of recreational vehicles; installation of swimming pools; and any otherdevelopment.

(Ord. No. 1371-12, § 2(101.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-3. - Intent.

The purposes of this chapter and the flood load and flood resistant constructionrequirements of the Florida Building Code are to establish minimum requirements to safeguardthe public health, safety, and general welfare and to minimize public and private losses due toflooding through regulation of development in flood hazard areas to:

(1) Minimize unnecessary disruption of commerce, access and public service during timesof flooding;

(2) Require the use of appropriate construction practices in order to prevent or minimizefuture flood damage;

(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,storage of equipment or materials, and other development which may increase flooddamage or erosion potential;

(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimizethe impact of development on the natural and beneficial functions of the floodplain;

(5) Minimize damage to public and private facilities and utilities;

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(6) Help maintain a stable tax base by providing for the sound use and development offlood hazard areas;

(7) Minimize the need for future expenditure of public funds for flood control projects andresponse to and recovery from flood events; and

(8) Meet the requirements of the National Flood Insurance Program for communityparticipation as set forth in 44 CFR 59.22.

(Ord. No. 1371-12, § 2(101.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-4. - Coordination with the Florida Building Code.

This chapter is intended to be administered and enforced in conjunction with the FloridaBuilding Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced bythe Florida Building Code.

(Ord. No. 1371-12, § 2(101.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-5. - Warning.

The degree of flood protection required by this chapter and the Florida Building Code, asamended by this community, is considered the minimum reasonable for regulatory purposesand is based on scientific and engineering considerations. Larger floods can and will occur.Flood heights may be increased by manmade or natural causes. This chapter does not implythat land outside of mapped special flood hazard areas, or that uses permitted within such floodhazard areas, will be free from flooding or flood damage. The flood hazard areas and base floodelevations contained in the flood insurance study and shown on flood insurance rate maps andthe requirements of 44 CFR 59 and 60 may be revised by the Federal Emergency ManagementAgency, requiring this community to revise these regulations to remain eligible for participationin the National Flood Insurance Program. No guaranty of vested use, existing use, or future useis implied or expressed by compliance with this chapter.

(Ord. No. 1371-12, § 2(101.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-6. - Disclaimer of liability.

This chapter shall not create liability on the part of the City of Milton or by any officer oremployee thereof for any flood damage that results from reliance on this chapter or anyadministrative decision lawfully made thereunder.

(Ord. No. 1371-12, § 2(101.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-7—29-20. - Reserved.

DIVISION 2. - APPLICABILITY

Sec. 29-21. - Generally.

Where there is a conflict between a general requirement and a specific requirement, thespecific requirement shall be applicable.

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(Ord. No. 1371-12, § 2(102.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-22. - Areas to which this chapter applies.

This chapter shall apply to all flood hazard areas within the City of Milton, as established insection 29-23.

(Ord. No. 1371-12, § 2(102.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-23. - Basis for establishing flood hazard areas.

The Flood Insurance Study for Santa Rosa County, Florida and Incorporated Areas datedNovember 19, 2021, and all subsequent amendments and revisions, and the accompanyingflood insurance rate maps (FIRM), and all subsequent amendments and revisions to suchmaps, are adopted by reference as part of this chapter and shall serve as the minimum basis forestablishing flood hazard areas. Studies and maps that establish flood hazard areas are on fileat the city's planning and development department located at 6738 Dixon Street, Milton, FL32570.

(Ord. No. 1371-12, § 2(102.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-24. - Submission of additional data to establish flood hazard areas.

To establish flood hazard areas and base flood elevations, pursuant to division 5 of thisarticle the floodplain administrator may require submission of additional data. Where fieldsurveyed topography prepared by a Florida licensed professional surveyor or digital topographyaccepted by the community indicates that ground elevations:

(1) Are below the closest applicable base flood elevation, even in areas not delineated asa special flood hazard area on a FIRM, the area shall be considered as flood hazardarea and subject to the requirements of this chapter and, as applicable, the requirementsof the Florida Building Code.

(2) Are above the closest applicable base flood elevation, the area shall be regulated asspecial flood hazard area unless the applicant obtains a letter of map change thatremoves the area from the special flood hazard area.

(Ord. No. 1371-12, § 2(102.3.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-25. - Other laws.

The provisions of this chapter shall not be deemed to nullify any provisions of local, state orfederal law.

(Ord. No. 1371-12, § 2(102.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-26. - Abrogation and greater restrictions.

This chapter supersedes any ordinance in effect for management of development in floodhazard areas. However, it is not intended to repeal or abrogate any existing ordinancesincluding but not limited to land development regulations, zoning ordinances, stormwater

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management regulations, or the Florida Building Code. In the event of a conflict between thischapter and any other ordinance, the more restrictive shall govern. This chapter shall not impairany deed restriction, covenant or easement, but any land that is subject to such interests shallalso be governed by this chapter.

(Ord. No. 1371-12, § 2(102.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-27. - 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. No. 1371-12, § 2(102.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-28—29-40. - Reserved.

DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

Sec. 29-41. - Designation.

The city planning director is designated as the floodplain administrator. The floodplainadministrator may delegate performance of certain duties to other employees.

(Ord. No. 1371-12, § 2(103.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-42. - Generally.

The floodplain administrator is authorized and directed to administer and enforce theprovisions of this chapter. The floodplain administrator shall have the authority to renderinterpretations of this chapter consistent with the intent and purpose of this chapter and mayestablish policies and procedures in order to clarify the application of its provisions. Suchinterpretations, policies, and procedures shall not have the effect of waiving requirementsspecifically provided in this chapter without the granting of a variance pursuant to division 7 ofthis article.

(Ord. No. 1371-12, § 2(103.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-43. - 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 willbe located in flood hazard areas;

(2) Review applications for modification of any existing development in flood hazard areasfor compliance with the requirements of this chapter;

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(3) Interpret flood hazard area boundaries where such interpretation is necessary todetermine the exact location of boundaries; a person contesting the determination shallhave 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 withthis chapter is demonstrated, or disapprove the same in the event of noncompliance;and

(8) Coordinate with and provide comments to the building official to assure thatapplications, plan reviews, and inspections for buildings and structures in flood hazardareas comply with the applicable provisions of this chapter.

(Ord. No. 1371-12, § 2(103.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-44. - Substantial improvement and substantial damage determinations.

For applications for building permits to improve buildings and structures, includingalterations, movement, enlargement, replacement, repair, change of occupancy, additions,rehabilitations, renovations, substantial improvements, repairs of substantial damage, and anyother improvement of or work on such buildings and structures, the floodplain administrator, incoordination with the building official, shall:

(1) Estimate the market value, or require the applicant to obtain an appraisal of the marketvalue prepared by a qualified independent appraiser, of the building or structure beforethe start of construction of the proposed work; in the case of repair, the market value ofthe building or structure shall be the market value before the damage occurred andbefore any repairs are made;

(2) Compare the cost to perform the improvement, the cost to repair a damaged buildingto its pre-damaged condition, or the combined costs of improvements and repairs, ifapplicable, to the market value of the building or structure;

(3) Determine and document whether the proposed work constitutes substantialimprovement or repair of substantial damage; and

(4) Notify the applicant if it is determined that the work constitutes substantial improvementor repair of substantial damage and that compliance with the flood resistant constructionrequirements of the Florida Building Code and this chapter is required.

(Ord. No. 1371-12, § 2(103.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-45. - Modifications of the strict application of the requirements of the Florida BuildingCode.

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The floodplain administrator shall review requests submitted to the building official that seekapproval to modify the strict application of the flood load and flood resistant constructionrequirements of the Florida Building Code to determine whether such requests require thegranting of a variance pursuant to division 7 of this article.

(Ord. No. 1371-12, § 2(103.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-46. - Notices and orders.

The floodplain administrator shall coordinate with appropriate local agencies for theissuance of all necessary notices or orders to ensure compliance with this chapter.

(Ord. No. 1371-12, § 2(103.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-47. - Inspections.

The floodplain administrator shall make the required inspections as specified in division 6 ofthis article for development that is not subject to the Florida Building Code, including buildings,structures and facilities exempt from the Florida Building Code. The floodplain administratorshall inspect flood hazard areas to determine if development is undertaken without issuance ofa permit.

(Ord. No. 1371-12, § 2(103.7), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-48. - 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 madepursuant to section 29-44;

(2) Require that applicants proposing alteration of a watercourse notify adjacentcommunities and the Florida Division of Emergency Management, State FloodplainManagement Office, and submit copies of such notifications to the Federal EmergencyManagement Agency (FEMA);

(3) Require applicants who submit hydrologic and hydraulic engineering analyses tosupport permit applications to submit to FEMA the data and information necessary tomaintain the flood insurance rate maps if the analyses propose to change base floodelevations, flood hazard area boundaries, or floodway designations; such submissionsshall be made within six months of such data becoming available;

(4) Review required design certifications and documentation of elevations specified by thischapter and the Florida Building Code and this chapter to determine that suchcertifications and documentations are complete; and

(5) Notify the Federal Emergency Management Agency when the corporate boundaries ofthe City of Milton are modified.

(Ord. No. 1371-12, § 2(103.8), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-49. - Floodplain management records.

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Regardless of any limitation on the period required for retention of public records, thefloodplain administrator shall maintain and permanently keep and make available for publicinspection all records that are necessary for the administration of this chapter and the floodresistant construction requirements of the Florida Building Code, including flood insurance ratemaps; letters of change; records of issuance of permits and denial of permits; determinations ofwhether proposed work constitutes substantial improvement or repair of substantial damage;required design certifications and documentation of elevations specified by the Florida BuildingCode and this chapter; notifications to adjacent communities, FEMA, and the state related toalterations of watercourses; assurances that the flood carrying capacity of altered watercourseswill be maintained; documentation related to appeals and variances, including justification forissuance or denial; and records of enforcement actions taken pursuant to this chapter and theflood resistant construction requirements of the Florida Building Code. These records shall beavailable for public inspection at the city's planning and development department located at6738 Dixon Street, Milton, FL 32570.

(Ord. No. 1371-12, § 2(103.9), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 23-50—23-70. - Reserved.

DIVISION 4. - PERMITS

Sec. 29-71. - Permits required.

Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertakeany development activity within the scope of this chapter, including buildings, structures andfacilities exempt from the Florida Building Code, which is wholly within or partially within anyflood hazard area shall first make application to the floodplain administrator, and the buildingofficial if applicable, and shall obtain the required permit(s) of this chapter and all otherapplicable codes and regulations.

(Ord. No. 1371-12, § 2(104.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-72. - Floodplain development permits or approvals.

Floodplain development permits or approvals shall be issued pursuant to this chapter forany development activities not subject to the requirements of the Florida Building Code,including buildings, structures and facilities exempt from the Florida Building Code. Dependingon the nature and extent of proposed development that includes a building or structure, thefloodplain administrator may determine that a floodplain development permit or approval isrequired in addition to a building permit.

(Ord. No. 1371-12, § 2(104.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-73. - Buildings, structures and facilities exempt from the Florida Building Code.

Pursuant to the requirements of federal regulations for participation in the National FloodInsurance Program (44 CFR 59 and 60), floodplain development permits or approvals shall berequired for the following buildings, structures and facilities that are exempt from the FloridaBuilding Code and any further exemptions provided by law, which are subject to therequirements of this chapter:

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(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-sidedwooden 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 andassembled on site or preassembled and delivered on site and have walls, roofs, and afloor constructed of granite, marble, or reinforced concrete.

(8) Temporary housing provided by the department of corrections to any prisoner in thestate correctional system.

(9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida BuildingCode if such structures are located in flood hazard areas established on flood insurancerate maps.

(Ord. No. 1371-12, § 2(104.2.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-74. - Application for a permit or approval.

To obtain a floodplain development permit or approval the applicant shall first file anapplication 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 definitivelylocate 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 division 5 of

this article.(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.

(Ord. No. 1371-12, § 2(104.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-75. - Validity of permit or approval.

The issuance of a floodplain development permit or approval pursuant to this chapter shallnot be construed to be a permit for, or approval of, any violation of this chapter, the FloridaBuilding Codes, or any other ordinance of this community. The issuance of permits based on

12

submitted applications, construction documents, and information shall not prevent the floodplainadministrator from requiring the correction of errors and omissions.

(Ord. No. 1371-12, § 2(104.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-76. - Expiration.

A floodplain development permit or approval shall become invalid unless the workauthorized by such permit is commenced within 180 days after its issuance, or if the workauthorized 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 andjustifiable cause shall be demonstrated.

(Ord. No. 1371-12, § 2(104.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-77. - Suspension or revocation.

The floodplain administrator is authorized to suspend or revoke a floodplain developmentpermit or approval if the permit was issued in error, on the basis of incorrect, inaccurate orincomplete information, or in violation of this chapter or any other ordinance, regulation orrequirement of this community.

(Ord. No. 1371-12, § 2(104.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-78. - Other permits required.

Floodplain development permits and building permits shall include a condition that all otherapplicable state or federal permits be obtained before commencement of the permitteddevelopment, including but not limited to the following:

(1) The Northwest Florida Water Management District; F.S. § 373.036.(2) Florida Department of Health for onsite sewage treatment and disposal systems; F.S.

§ 381.0065, and F.A.C. ch. 64E-6.(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; Section404 of the Clean Water Act.

(5) Federal permits and approvals.

(Ord. No. 1371-12, § 2(104.7), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-79—29-100. - Reserved.

DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS

Sec. 29-101. - Information for development in flood hazard areas.

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The site plan or construction documents for any development subject to the requirements ofthis chapter shall be drawn to scale and shall include, as applicable to the proposeddevelopment:

(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base floodelevation(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 theflood insurance study, they shall be established in accordance with section 29-102(2) or(3).

(3) Where the parcel on which the proposed development will take place will have morethan 50 lots or is larger than five acres and the base flood elevations are not included onthe FIRM or in the flood insurance study, such elevations shall be established inaccordance with section 29-102(1).

(4) Location of the proposed activity and proposed structures, and locations of existingbuildings and structures.

(5) Location, extent, amount, and proposed final grades of any filling, grading, orexcavation.

(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; andevidence that the proposed fill areas are the minimum necessary to achieve the intendedpurpose.

(7) Delineation of the stream setback lines, in accordance with section 29-256.(8) 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 chapter but that are notrequired to be prepared by a registered design professional if it is found that the nature of theproposed development is such that the review of such submissions is not necessary toascertain compliance with this chapter.

(Ord. No. 1371-12, § 2(105.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-102. - Information in flood hazard areas without base flood elevations (approximateZone A).

Where flood hazard areas are delineated on the FIRM and base flood elevation data havenot been provided, the floodplain administrator shall:

(1) Require the applicant to include base flood elevation data prepared in accordance withcurrently accepted engineering practices.

(2) Obtain, review, and provide to applicants base flood elevation and floodway dataavailable from a federal or state agency or other source or require the applicant to obtainand use base flood elevation and floodway data available from a federal or state agencyor 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 reasonablyreflect flooding conditions, or where the available data are known to be scientifically ortechnically incorrect or otherwise inadequate:

14

a. Require the applicant to include base flood elevation data prepared in accordancewith currently accepted engineering practices; or

b. Specify that the base flood elevation is two feet above the highest adjacent gradeat the location of the development, provided there is no evidence indicating flooddepths have been or may be greater the two feet.

(4) Where the base flood elevation data are to be used to support a letter of map changefrom FEMA, advise the applicant that the analyses shall be prepared by a Floridalicensed engineer in a format required by FEMA, and that it shall be the responsibility ofthe applicant to satisfy the submittal requirements and pay the processing fees.

(Ord. No. 1371-12, § 2(105.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-103. - Additional analyses and certifications.

As applicable to the location and nature of the proposed development activity, and inaddition to the requirements of this section, the applicant shall have the following analysessigned and sealed by a Florida licensed engineer for submission with the site plan andconstruction documents:

(1) For development activities proposed to be located in a regulatory floodway, a floodwayencroachment analysis that demonstrates that the encroachment of the proposeddevelopment will not cause any increase in base flood elevations; where the applicantproposes to undertake development activities that do increase base flood elevations, theapplicant shall submit such analysis to FEMA as specified in section 29-104 and shallsubmit the conditional letter of map revision, if issued by FEMA, with the site plan andconstruction documents.

(2) For development activities proposed to be located in a riverine flood hazard area forwhich base flood elevations are included in the flood insurance study or on the FIRMand floodways have not been designated, hydrologic and hydraulic analyses thatdemonstrate that the cumulative effect of the proposed development, when combinedwith all other existing and anticipated flood hazard area encroachments, will not increasethe base flood elevation more than one foot at any point within the community. Thisrequirement does not apply in isolated flood hazard areas not connected to a riverineflood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(3) For alteration of a watercourse, an engineering analysis prepared in accordance withstandard engineering practices which demonstrates that the flood-carrying capacity ofthe altered or relocated portion of the watercourse will not be decreased, and certificationthat the altered watercourse shall be maintained in a manner which preserves thechannel's flood-carrying capacity; the applicant shall submit the analysis to FEMA asspecified in section 29-104.

(Ord. No. 1371-12, § 2(105.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-104. - Submission of additional data.

When additional hydrologic, hydraulic or other engineering data, studies, and additionalanalyses are submitted to support an application, the applicant has the right to seek a letter ofmap change from FEMA to change the base flood elevations, change floodway boundaries, orchange boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA

15

for such purposes. The analyses shall be prepared by a Florida licensed engineer in a formatrequired by FEMA. Submittal requirements and processing fees shall be the responsibility of theapplicant.

(Ord. No. 1371-12, § 2(105.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 20-105—20-120. - Reserved.

DIVISION 6. - INSPECTIONS

Sec. 29-121. - Generally.

Development for which a floodplain development permit approval is required shall besubject to inspection.

(Ord. No. 1371-12, § 2(106.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-122. - Development other than buildings and structures.

The floodplain administrator shall inspect all development to determine compliance with therequirements of this chapter and the conditions of issued floodplain development permits orapprovals.

(Ord. No. 1371-12, § 2(106.1.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-123. - Buildings, structures and facilities exempt from the Florida Building Code.

The floodplain administrator shall inspect buildings, structures and facilities exempt from theFlorida Building Code to determine compliance with the requirements of this chapter and theconditions of issued floodplain development permits or approvals.

(Ord. No. 1371-12, § 2(106.1.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-124. - Buildings, structures and facilities exempt from the Florida Building Code, lowestfloor inspection.

Upon placement of the lowest floor, including basement, and prior to further verticalconstruction, 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 lowestfloor, the certification of elevation of the lowest floor prepared and sealed by a Floridalicensed professional surveyor; or

(2) If the elevation used to determine the required elevation of the lowest floor wasdetermined in accordance with section 29-102(3)b., the documentation of height of thelowest floor above highest adjacent grade, prepared by the owner or the owner'sauthorized agent.

(Ord. No. 1371-12, § 2(106.1.2.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

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Sec. 29-125. - Buildings, structures and facilities exempt from the Florida Building Code, finalinspection.

As part of the final inspection, the owner or owner's authorized agent shall submit to thefloodplain administrator a final certification of elevation of the lowest floor or final documentationof the height of the lowest floor above the highest adjacent grade; such certifications anddocumentations shall be prepared as specified in section 29-124.

(Ord. No. 1371-12, § 2(106.1.2.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-126. - Manufactured homes.

The building official shall inspect manufactured homes that are installed or replaced in floodhazard areas to determine compliance with the requirements of this chapter and the conditionsof the issued permit. Upon placement of a manufactured home, certification of the elevation ofthe lowest floor shall be submitted to the floodplain administrator.

(Ord. No. 1371-12, § 2(106.1.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-127—29-140. - Reserved.

DIVISION 7. - VARIANCES AND APPEALS

Sec. 29-141. - Generally.

The board of adjustments shall hear and decide on requests for appeals and requests forvariances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the board ofadjustments shall hear and decide on requests for appeals and requests for variances from thestrict application of the flood resistant construction requirements of the Florida Building Code.

(Ord. No. 1371-12, § 2(107.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-142. - Appeals.

The board of adjustments shall hear and decide appeals when it is alleged there is an errorin any requirement, decision, or determination made by the floodplain administrator in theadministration and enforcement of this chapter. Any person aggrieved by the decision of theboard of adjustments may appeal such decision to the circuit court, as provided by FloridaStatutes.

(Ord. No. 1371-12, § 2(107.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-143. - Limitations on authority to grant variances.

The board of adjustments shall base its decisions on variances on technical justificationssubmitted by applicants, the considerations for issuance in section 29-147, the conditions ofissuance set forth in section 29-148, and the comments and recommendations of the floodplainadministrator and the building official. The board of adjustments has the right to attach suchconditions as it deems necessary to further the purposes and objectives of this chapter.

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(Ord. No. 1371-12, § 2(107.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-144. - Restrictions in floodways.

A variance shall not be issued for any proposed development in a floodway if any increasein base flood elevations would result, as evidenced by the applicable analyses and certificationsrequired in section 29-103.

(Ord. No. 1371-12, § 2(107.3.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-145. - Historic buildings.

A variance is authorized to be issued for the repair, improvement, or rehabilitation of ahistoric building that is determined eligible for the exception to the flood resistant constructionrequirements of the Florida Building Code, Existing Building, Chapter 12, Historic Buildings,upon a determination that the proposed repair, improvement, or rehabilitation will not precludethe building's continued designation as a historic building and the variance is the minimumnecessary to preserve the historic character and design of the building. If the proposed workprecludes the building's continued designation as a historic building, a variance shall not begranted and the building and any repair, improvement, and rehabilitation shall be subject to therequirements of the Florida Building Code.

(Ord. No. 1371-12, § 2(107.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-146. - Functionally dependent uses.

A variance is authorized to be issued for the construction or substantial improvementnecessary for the conduct of a functionally dependent use, as defined in this chapter, providedthe variance meets the requirements of section 29-144, is the minimum necessary consideringthe flood hazard, and all due consideration has been given to use of methods and materials thatminimize flood damage during occurrence of the base flood.

(Ord. No. 1371-12, § 2(107.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-147. - Considerations for issuance of variances.

In reviewing requests for variances, the board of adjustments shall consider all technicalevaluations, all relevant factors, all other applicable provisions of the Florida Building Code, thischapter, and the following:

(1) The danger that materials and debris may be swept onto other lands resulting in furtherinjury 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;

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(6) The compatibility of the proposed development with existing and anticipateddevelopment;

(7) The relationship of the proposed development to the comprehensive plan and floodplainmanagement program for the area;

(8) The safety of access to the property in times of flooding for ordinary and emergencyvehicles;

(9) The expected heights, velocity, duration, rate of rise and debris and sediment transportof 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 conditionsincluding maintenance and repair of public utilities and facilities such as sewer, gas,electrical and water systems, streets and bridges.

(Ord. No. 1371-12, § 2(107.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-148. - 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 withany provision of this chapter or the required elevation standards;

(2) Determination by the board of adjustments 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 tosatisfy the requirements or inconvenience do not constitute hardship;

b. The granting of a variance will not result in increased flood heights, additional threatsto public safety, extraordinary public expense, nor create nuisances, cause fraud onor 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 affordrelief;

(3) Receipt of a signed statement by the applicant that the variance, if granted, shall berecorded in the office of the clerk of the court in such a manner that it appears in thechain 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 therecord of a written notice from the floodplain administrator to the applicant for thevariance, specifying the difference between the base flood elevation and the proposedelevation of the lowest floor, stating that the cost of federal flood insurance will becommensurate with the increased risk resulting from the reduced floor elevation (up toamounts as high as $25.00 for $100.00 of insurance coverage), and stating thatconstruction below the base flood elevation increases risks to life and property.

(Ord. No. 1371-12, § 2(107.7), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-149—29-170. - Reserved.

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DIVISION 8. - VIOLATIONS

Sec. 29-171. - Generally.

Any development that is not within the scope of the Florida Building Code but that isregulated by this chapter that is performed without an issued permit, that is in conflict with anissued permit, or that does not fully comply with this chapter, shall be deemed a violation of thischapter. A building or structure without the documentation of elevation of the lowest floor, otherrequired design certifications, or other evidence of compliance required by this chapter or theFlorida Building Code is presumed to be a violation until such time as that documentation isprovided.

(Ord. No. 1371-12, § 2(108.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-172. - Authority.

For development that is not within the scope of the Florida Building Code but that isregulated by this chapter and that is determined to be a violation, the floodplain administrator isauthorized to serve notices of violation or stop work orders to owners of the property involved, tothe owner's agent, or to the person or persons performing the work.

(Ord. No. 1371-12, § 2(108.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-173. - Unlawful continuance; penalties.

Any person who shall continue any work after having been served with a notice of violationor a stop work order, except such work as that person is directed to perform to remove orremedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.Violation of the provisions of this section or failure to comply with any of its requirements,including violation of conditions and safeguards established in connection with grants ofvariance or special exceptions, shall constitute a misdemeanor. Any person who violates thissection or fails to comply with any of its requirements shall, upon conviction thereof, be fined notmore than $500.00 or imprisoned for not more than 180 days, or both, and in addition shall payall costs and expenses involved in the case. Each day such violation continues shall beconsidered a separate offense. Nothing herein contained shall prevent the City of Milton fromtaking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. No. 1371-12, § 2(108.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-174—29-190. - Reserved.

ARTICLE II. - DEFINITIONS

Sec. 29-191. - Scope.

Unless otherwise expressly stated, the following words and terms shall, for the purposes ofthis chapter, have the meanings shown in this section.

(Ord. No. 1371-12, § 2(201.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

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Sec. 29-192. - Terms defined in the Florida Building Code.

Where terms are not defined in this chapter and are defined in the Florida Building Code,such terms shall have the meanings ascribed to them in that code.

(Ord. No. 1371-12, § 2(201.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-193. - Terms not defined.

Where terms are not defined in this chapter or the Florida Building Code, such terms shallhave ordinarily accepted meanings such as the context implies.

(Ord. No. 1371-12, § 2(201.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-194. - Definitions.

Accessory structure. A structure on the same parcel of property as a principal structure andthe use of which is incidental to the use of the principal structure. For floodplain managementpurposes, the term includes only accessory structures used for parking and storage.

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channelalignment, channelization, or change in cross-sectional area of the channel or the channelcapacity, or any other form of modification which may alter, impede, retard or change thedirection 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 or building official'sinterpretation of any provision of this chapter or a request for a variance.

ASCE 24. A standard titled "Flood Resistant Design and Construction" that is referenced bythe Florida Building Code. ASCE 24 is developed and published by the American Society ofCivil Engineers, Reston, VA.

Base flood. A flood having a one percent chance of being equaled or exceeded in anygiven year. (Also defined in FBC, B, Section 1612.2.) The base flood is commonly referred to asthe "100-year flood" or the "one-percent-annual-chance flood."

Base flood elevation. The elevation of the base flood, including wave height, relative to theNational Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or otherdatum specified on the flood insurance rate map (FIRM). (Also defined in FBC, B, Section1612.2.)

Basement. The portion of a building having its floor subgrade (below ground level) on allsides. (Also defined in FBC, B, Section 1612.2.)

Design flood. The flood associated with the greater of the following two areas: (Also definedin FBC, B, Section 1612.2.)

(1) Area with a flood plain subject to a one percent or greater chance of flooding in anyyear; or

(2) Area designated as a flood hazard area on the community's flood hazard map, orotherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative tothe datum specified on the community's legally designated flood hazard map. In areasdesignated as Zone AO, the design flood elevation shall be the elevation of the highest existing

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grade of the building's perimeter plus the depth number (in feet) specified on the flood hazardmap. In areas designated as Zone AO where the depth number is not specified on the map, thedepth number shall be taken as being equal to two feet. (Also defined in FBC, B, Section1612.2.)

Development. Any manmade change to improved or unimproved real estate, including butnot limited to, buildings or other structures, tanks, temporary structures, temporary or permanentstorage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drillingoperations or any other land disturbing activities.

Encroachment. The placement of fill, excavation, buildings, permanent structures or otherdevelopment into a flood hazard area which may impede or alter the flow capacity of riverineflood hazard areas.

Existing building and existing structure. Any buildings and structures for which the "start ofconstruction" commenced before May 10, 1977. (Also defined in FBC, B, Section 1612.2.)

Existing manufactured home park or subdivision. A manufactured home park or subdivisionfor which the construction of facilities for servicing the lots on which the manufactured homesare 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 May 10, 1977.

Expansion to an existing manufactured home park or subdivision. The preparation ofadditional sites by the construction of facilities for servicing the lots on which the manufacturedhomes are to be affixed (including the installation of utilities, the construction of streets, andeither final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency that, in addition tocarrying out other functions, administers the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation ofnormally dry land from: (Also defined in FBC, B, Section 1612.2.)

(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 thancosmetic repair. (Also defined in FBC, B, Section 1612.2.)

Flood hazard area. The greater of the following two areas: (Also defined in FBC, B, Section1612.2.)

(1) The area within a floodplain subject to a one percent or greater chance of flooding inany year.

(2) The area designated as a flood hazard area on the community's flood hazard map, orotherwise legally designated.

Flood insurance rate map (FIRM). The official map of the community on which the FederalEmergency Management Agency has delineated both special flood hazard areas and the riskpremium zones applicable to the community. (Also defined in FBC, B, Section 1612.2.)

Flood insurance study (FIS). The official report provided by the Federal EmergencyManagement Agency that contains the flood insurance rate map, the flood boundary andfloodway map (if applicable), the water surface elevations of the base flood, and supportingtechnical data. (Also defined in FBC, B, Section 1612.2.)

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Floodplain administrator. The office or position designated and charged with theadministration and enforcement of this chapter (may be referred to as the floodplain manager).

Floodplain development permit or approval. An official document or certificate issued by thecommunity, or other evidence of approval or concurrence, which authorizes performance ofspecific development activities that are located in flood hazard areas and that are determined tobe compliant with this chapter.

Floodway. The channel of a river or other riverine watercourse and the adjacent land areasthat must be reserved in order to discharge the base flood without cumulatively increasing thewater surface elevation more than one foot. (Also defined in FBC, B, Section 1612.2.)

Floodway encroachment analysis. An engineering analysis of the impact that a proposedencroachment into a floodway is expected to have on the floodway boundaries and base floodelevations; the evaluation shall be prepared by a qualified Florida licensed engineer usingstandard 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 BuildingCode, 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 islocated or carried out in close proximity to water, including only docking facilities, port facilitiesthat are necessary for the loading and unloading of cargo or passengers, and ship building andship repair facilities; the term does not include long-term storage or related manufacturingfacilities.

Hardship (as related to variances of this article) means the exceptional hardship that wouldresult from a failure to grant the requested variance. The (governing body) requires that thevariance is exceptional, unusual, and peculiar to the property involved. Mere economic orfinancial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physicalhandicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as arule, qualify as an exceptional hardship. All of these problems can be resolved through othermeans without granting a variance, even if the alternative is more expensive, or requires theproperty owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade. The highest natural elevation of the ground surface prior toconstruction next to the proposed walls or foundation of a structure.

Historic structure. Any structure that is determined eligible for the exception to the floodhazard area requirements of the Florida Building Code, Existing Building, Chapter 12 11 HistoricBuildings.

Letter of map change (LOMC). An official determination issued by FEMA that amends orrevises an effective flood insurance rate map or flood insurance study. Letters of map changeinclude:

Letter of map amendment (LOMA): An amendment based on technical data showing that aproperty was incorrectly included in a designated special flood hazard area. A LOMAamends the current effective flood insurance rate map and establishes that a specificproperty, 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 changesto flood zones, flood elevations, special flood hazard area boundaries and floodwaydelineations, and other planimetric features.

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Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel ofland has been elevated by fill above the base flood elevation and is, therefore, no longerlocated within the special flood hazard area. In order to qualify for this determination, the fillmust have been permitted and placed in accordance with the community's floodplainmanagement regulations.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether aproposed flood protection project or other project complies with the minimum NFIPrequirements for such projects with respect to delineation of special flood hazard areas. ACLOMR 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 revisionmay be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 CFR 86.082-2, any motor vehicle rated at 8,500 poundsgross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or lessand 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 sucha vehicle; or

(2) Designed primarily for transportation of persons and has a capacity of more than 12persons; 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 abasement, usable solely for vehicle parking, building access or limited storage provided thatsuch enclosure is not built so as to render the structure in violation of the non-elevationrequirements of the Florida Building Code or ASCE 24. (Also defined in FBC, B, Section1612.2.)

Manufactured home. A structure, transportable in one or more sections, which is eight feetor more in width and greater than 400 square feet, and which is built on a permanent, integralchassis and is designed for use with or without a permanent foundation when attached to therequired utilities. The term "manufactured home" does not include a "recreational vehicle" or"park trailer." (Also defined in F.A.C. § 15C-1.0101)

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land dividedinto two or more manufactured home lots for rent or sale.

Market value. The price at which a property will change hands between a willing buyer anda willing seller, neither party being under compulsion to buy or sell and both having reasonableknowledge of relevant facts. As used in this chapter, the term refers to the market The value ofbuildings and structures, excluding the land and other improvements on the parcel. Marketvalue may be established by a qualified independent appraiser, is the actual cash value (in-kindreplacement cost depreciated for age, wear and tear, neglect, and quality of construction)determined by a qualified independent appraiser, or tax assessment value adjusted toapproximate market value by a factor provided by the property appraiser.

New construction. For the purpose of administration of this chapter and the flood resistantconstruction requirements of the Florida Building Code, structures for which the "start ofconstruction" commenced on or after May 10, 1977, and includes any subsequentimprovements to such structures.

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New manufactured home park or subdivision. A manufactured home park or subdivision forwhich the construction of facilities for servicing the lots on which the manufactured homes are tobe affixed (including at a minimum, the installation of utilities, the construction of streets, andeither final site grading or the pouring of concrete pads) is completed on or after May 10, 1977.

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which isbuilt on a single chassis and is designed to provide seasonal or temporary living quarters whenconnected to utilities necessary for operation of installed fixtures and appliances. (Defined inF.S. § 320.01.)

Public safety and nuisance means anything which is injurious to safety or health of theentire community or a neighborhood, or any considerable number of persons, or unlawfullyobstructs the free passage or use, in the customary manner, or any navigable lake, or river, bay,stream, canal, or basin.

Recreational vehicle. A vehicle, including a park trailer, which is: (See F.S. § 320.01.)(1) Built on a single chassis;(2) Four hundred 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.Special flood hazard area. An area in the floodplain subject to a one percent or greater

chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as ZoneA, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. (Also defined in FBC, B Section 1612.2.)

Start of construction. The date of issuance for new construction and substantialimprovements provided the actual start of construction, repair, reconstruction, rehabilitation,addition, placement, or other improvement is within 180 days of the date of the issuance. Theactual start of construction means either the first placement of permanent construction of abuilding (including a manufactured home) on a site, such as the pouring of slab or footings, theinstallation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, orfilling), the installation of streets or walkways, excavation for a basement, footings, piers, orfoundations, the erection of temporary forms or the installation of accessory buildings such asgarages or sheds not occupied as dwelling units or not part of the main buildings. For asubstantial 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 theexternal dimensions of the building.

Substantial damage. Damage of any origin sustained by a building or structure whereby thecost of restoring the building or structure to its before-damaged condition would equal or exceed50 percent of the market value of the building or structure before the damage occurred. (Alsodefined in FBC, B Section 1612.2.)

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or otherimprovement of a building or structure, the cost of which equals or exceeds 50 percent of themarket value of the building or structure before the improvement or repair is started. If thestructure has incurred "substantial damage," any repairs are considered substantialimprovement regardless of the actual repair work performed. The term does not, however,include either: (Also defined in FBC, B, Section 1612.2.)

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(1) Any project for improvement of a building required to correct existing health, sanitary,or safety code violations identified by the building official and that are the minimumnecessary to assure safe living conditions.

Variance. A grant of relief from the requirements of this chapter, or the flood resistantconstruction requirements of the Florida Building Code, which permits construction in a mannerthat would not otherwise be permitted by this chapter or the Florida Building Code.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, orover which water flows at least periodically.

(Ord. No. 1371-12, § 2(202), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-195—29-210. - Reserved.

ARTICLE III. - FLOOD RESISTANT DEVELOPMENT

DIVISION 1. - BUILDINGS AND STRUCTURES

Sec. 29-211. - Design and construction of buildings and structures exempt from the FloridaBuilding Code.

Pursuant to section 29-73, buildings, structures, and facilities that are exempt from theFlorida Building Code, including substantial improvement or repair of substantial damage ofsuch buildings, structures and facilities, shall be designed and constructed in accordance withthe flood load and flood resistant construction requirements of ASCE 24. Structures exemptfrom the Florida Building Code that are not walled and roofed buildings shall comply with therequirements of division 7 of this article.

(Ord. No. 1371-12, § 2(301.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-212. – Florida Building Code, Residential; technical amendments.

R322.2.1 Elevation requirements.

1. Buildings and structures in flood hazard areas including flood hazard areasdesignated as Coastal A Zones, shall have the lowest floors elevated to or above thebase flood elevation plus 3 feet 1 foot (305 mm), or the design flood elevation,whichever is higher.

2. In areas of shallow flooding (AO Zones), buildings and structures shall have thelowest floor (including basement) elevated to a height above the highest adjacentgrade of not less than the depth number specified in feet (mm) on the FIRM plus 3 feet1 foot (305 mm), or not less than 5 feet 3 feet (915 mm) if a depth number is notspecified.

3. Basement floors that are below grade on all sides shall be elevated to or above baseflood elevation plus 3 feet 1 foot (305 mm), or the design flood elevation, whichever ishigher.

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Exception: Enclosed areas below the design flood elevation, including basements withfloors that are not below grade on all sides, shall meet the requirements of Section322.2.2.

Sec. 29-213. - At-grade accessory structures. At-grade accessory structures are permittedprovided the accessory structures are used only for parking or storage and:

(1) If located in special flood hazard areas (Zone A/AE) areas, are one-story and not largerthan 600 sq. ft. and have flood openings in accordance with Section R322.2 of the FloridaBuilding Code, Residential.

(2) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(3) Have flood damage-resistant materials used below the base flood elevation plus one (1)foot.

(4) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevatedto or above the base flood elevation plus one (1) foot.

Secs. 20-214 20-212—29-230. - Reserved.

DIVISION 2. - SUBDIVISIONS

Sec. 29-231. - 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 bereasonably safe from flooding;

(2) All public utilities and facilities such as sewer, gas, electric, communications, and watersystems 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 andAO, adequate drainage paths shall be provided to guide floodwaters around and awayfrom proposed structures.

(Ord. No. 1371-12, § 2(302.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-232. - Reserved. Subdivision plats.

Where any portion of proposed subdivisions, including manufactured home parks andsubdivisions, lies within a flood hazard area, the following shall be required:

(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and designflood elevations, as appropriate, shall be shown on preliminary plats;

(2) Where the subdivision has more than 50 lots or is larger than five acres and base floodelevations are not included on the FIRM, the base flood elevations determined inaccordance with section 29-102(1); and

(3) Compliance with the site improvement and utilities requirements of division 3 of thisarticle.

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Secs. 29-233—29-250. - Reserved.

DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS

Sec. 29-251. - 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;(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 awayfrom proposed structures.

(Ord. No. 1371-12, § 2(303.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-252. - 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 shallbe designed in accordance with the standards for onsite sewage treatment and disposalsystems in F.A.C. ch. 64E-6 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 thefacilities and systems.

(Ord. No. 1371-12, § 2(303.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-253. - Water supply facilities.

All new and replacement water supply facilities shall be designed in accordance with thewater well construction standards in F.A.C. ch. 62-532.500 and ASCE 24 Chapter 7 to minimizeor eliminate infiltration of floodwaters into the systems.

(Ord. No. 1371-12, § 2(303.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-254. - Limitations on sites in regulatory floodways.

No development, including but not limited to site improvements, and land disturbing activityinvolving fill or re-grading, shall be authorized in the regulatory floodway unless the floodwayencroachment analysis required in section 29-103(1) demonstrates that the proposeddevelopment or land disturbing activity will not result in any increase in the base flood elevation.

(Ord. No. 1371-12, § 2(303.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

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Sec. 29-255. - Limitations on placement of fill.

Subject to the limitations of this chapter, fill shall be designed to be stable under conditionsof flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, andprotection against flood-related erosion and scour. In addition to these requirements, if intendedto support buildings and structures, (Zone A only) fill shall comply with the requirements of theFlorida Building Code.

(Ord. No. 1371-12, § 2(303.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-256. - Stream setback.

No encroachment, including fill material or structures, shall be authorized within the areadefined by the distance from the stream bank equal to two times the width of the stream at thetop of the bank, or 20 feet each side from top of bank, whichever is greater, unless certificationby a Florida registered professional engineer is provided that demonstrates that suchencroachment shall not result in any increase in flood levels during the occurrence of the baseflood discharge.

(Ord. No. 1371-12, § 2(303.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-257—29-270. - Reserved.

DIVISION 4. - MANUFACTURED HOMES

Sec. 29-271. - Generally.

All manufactured homes installed in flood hazard areas shall be installed by an installer thatis licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of F.A.C. ch.15C-1 and the requirements of this chapter. If located seaward of the coastal constructioncontrol line, all manufactured homes shall comply with the more restrictive of the applicablerequirements.

(Ord. No. 1371-12, § 2(304.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-272. - Foundations.

All new manufactured homes and replacement manufactured homes installed in floodhazard areas shall be installed on permanent, reinforced foundations that are designed inaccordance with the foundation requirements of the Florida Building Code Residential SectionR322.2 and this chapter.

(Ord. No. 1371-12, § 2(304.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-273. - Anchoring.

All new manufactured homes and replacement manufactured homes shall be installedusing methods and practices which minimize flood damage and shall be securely anchored toan 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

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anchors. This anchoring requirement is in addition to applicable state and local anchoringrequirements for wind resistance.

(Ord. No. 1371-12, § 2(304.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-274. - Elevation.

All manufactured homes that are placed, replaced, or substantially improved in flood hazardareas shall be elevated such that the bottom of the frame is at or above the base flood elevationplus three (3) feet. Manufactured homes that are placed, replaced, or substantially improvedshall comply with section 29-275 or 29-276, as applicable.

(Ord. No. 1371-12, § 2(304.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-275. - General elevation requirement.

Unless subject to the requirements of section 29-276, all manufactured homes that areplaced, replaced, or substantially improved on sites located: (a) outside of a manufacturedhome park or subdivision; (b) in a new manufactured home park or subdivision; (c) in anexpansion to an existing manufactured home park or subdivision; or (d) in an existingmanufactured 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 frameis at or above the elevation required, as applicable to the flood hazard area, in the FloridaBuilding Code, Residential Section R322.2 (Zone A).

(Ord. No. 1371-12, § 2(304.4.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-276. - Elevation requirement for certain existing manufactured home parks andsubdivisions.

Manufactured homes that are not subject to section 29-275, including manufactured homesthat are placed, replaced, or substantially improved on sites located in an existing manufacturedhome park or subdivision, unless on a site where substantial damage as result of flooding hasoccurred, shall be elevated such that either the:

(1) Bottom of the frame of the manufactured home is at or above the elevation required, inthe Florida Building Code, Residential Section R322.2 (Zone A); or

(2) Bottom of the frame is supported by reinforced piers or other foundation elements of atleast equivalent strength that are not less than 36 inches in height above grade.

(Ord. No. 1371-12, § 2(304.4.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-275 29-277. - Enclosures.

Enclosed areas below elevated manufactured homes shall comply with the requirements ofthe Florida Building Code, Residential Section R322 for such enclosed areas.

(Ord. No. 1371-12, § 2(304.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-276 29-278. - Utility equipment.

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Utility equipment that serves manufactured homes, including electric, heating, ventilation,plumbing, and air conditioning equipment and other service facilities, shall comply with therequirements of the Florida Building Code, Residential Section R322.

(Ord. No. 1371-12, § 2(304.6), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-277 29-279—29-300. - Reserved.

DIVISION 5. - RECREATIONAL VEHICLES AND PARK TRAILERS

Sec. 29-301. - 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 suchas additions, rooms, stairs, decks and porches.

(Ord. No. 1371-12, § 2(305.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-302. - Permanent placement.

Recreational vehicles and park trailers that do not meet the limitations in section 29-301 fortemporary placement shall meet the requirements of division 4 of this article for manufacturedhomes.

(Ord. No. 1371-12, § 2(305.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-303—29-320. - Reserved.

DIVISION 6. - TANKS

Sec. 29-321. - Underground tanks.

Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse orlateral movement resulting from hydrodynamic and hydrostatic loads during conditions of thedesign flood, including the effects of buoyancy assuming the tank is empty.

(Ord. No. 1371-12, § 2(306.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-322. - Above-ground tanks, not elevated.

Above-ground tanks that do not meet the elevation requirements of section 29-323 shall bepermitted in flood hazard areas provided the tanks are anchored or otherwise designed andconstructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic andhydrostatic loads during conditions of the design flood, including the effects of buoyancyassuming the tank is empty and the effects of flood-borne debris.

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(Ord. No. 1371-12, § 2(306.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-323. - Above-ground tanks, elevated.

Above-ground tanks in flood hazard areas shall be attached to and elevated to or above thedesign flood elevation on a supporting structure that is designed to prevent flotation, collapse orlateral movement during conditions of the design flood. Tank-supporting structures shall meetthe foundation requirements of the applicable flood hazard area.

(Ord. No. 1371-12, § 2(306.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-324. - 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 designflood; and

(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostaticloads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. 1371-12, § 2(306.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-325—29-340. - Reserved.

DIVISION 7. - OTHER DEVELOPMENT

Sec. 29-341. - General requirements for other development.

All development, including manmade changes to improved or unimproved real estate forwhich specific provisions are not specified in this chapter or the Florida Building Code, shall:

(1) Be located and constructed to minimize flood damage;(2) Meet the limitations of section 29-254 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,

except that minimum electric service required to address life safety and electric coderequirements is permitted below the design flood elevation provided it conforms to theprovisions of the electrical part of building code for wet locations.

(Ord. No. 1371-12, § 2(307.1), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-342. - 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 29-254.

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(Ord. No. 1371-12, § 2(307.2), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-343. - Retaining walls, sidewalks and driveways in regulated floodways.

Retaining walls and sidewalks and driveways that involve the placement of fill in regulatedfloodways shall meet the limitations of section 29-254.

(Ord. No. 1371-12, § 2(307.3), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-344. - Roads and watercourse crossings in regulated floodways.

Roads and watercourse crossings, including roads, bridges, culverts, low-water crossingsand similar means for vehicles or pedestrians to travel from one side of a watercourse to theother side, that encroach into regulated floodways shall meet the limitations of section 29-254.Alteration of a watercourse that is part of a road or watercourse crossing shall meet therequirements of section 29-103(3).

(Ord. No. 1371-12, § 2(307.4), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Sec. 29-345. - Storage of hazardous or toxic materials.

Structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids,or other hazardous or toxic materials shall be located outside of floodprone areas to the extentpossible and feasible. In the event that the site of these facilities must be in floodprone orfloodplain areas due to overriding circumstances (see variance conditions and standards), thendesign and construction of the facilities shall be flood proofed in accordance with the followingstandard: A registered professional engineer must certify that the building or structure has beendesigned and constructed so that the structure and attendant facilities are watertight andcapable of resisting the effects of the regulatory flood below the flood protection elevationestablished in this section. The design must take into account flood velocities, duration, rate ofrise, hydrostatic and hydrodynamic forces, the effect of buoyancy, and impacts from debris. Incases where forestry activities are present, a minimum distance of 50 feet of wooded non-disturbed area shall be maintained adjacent to floodplain and floodprone areas for a naturalbuffer.

(Ord. No. 1371-12, § 2(307.5), 8-15-2012; Ord. No. 1424-15 , § II, 9-8-2015)

Secs. 29-346—29-370. - Reserved.

Exhibit B

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ARTICLE IV. – RESERVED FLOOD DAMAGE PREVENTION

Sec. 29-371. - Purpose.

It is the purpose of this article to promote the public health, safety and general welfare andto minimize public and private losses due to flood conditions in specific areas by provisionsdesignated to:

• Restrict or prohibit uses which are dangerous to health, safety, and property due to water orerosion hazards, or which result in damaging increases in erosion or in flood heights orvelocities;

• Require that uses vulnerable to floods, including facilities which serve such uses, be protectedagainst flood damage at the time of initial construction;

• Control the alteration of natural floodplains, stream channels, and natural protective barrierswhich are involved in the accommodation of floodwaters;

• Control filling, grading, dredging and other development which may increase erosion or flooddamage; and

• Prevent or regulate the construction of flood barriers which will unnaturally divert floodwatersor which may increase flood hazards to other lands.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-372. - Intent.

The intent of this article is:

• To protect human life and health;

• To minimize expenditure of public money for costly flood control projects;

• To minimize the need for rescue and relief efforts associated with flooding and generallyundertaken at the expense of the general public;

• To minimize prolonged business interruptions;

• To minimize damage to public facilities and utilities such as water and gas mains, electric,telephone and sewer lines, streets and bridges located in floodplains;

• To help maintain a stable tax base by providing for the sound use and development offloodprone areas in such a manner as to minimize floodblight areas; and

• To ensure that potential home buyers are notified that property is in a flood area.

( Ord. No. 1459-17 , § 1, 9-12-2017)

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Sec. 29-373. - Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpretedso as to give them the meaning they have in common usage and to give this section its mostreasonable application.

Accessory structure (appurtenant structure) means a structure that is located on the sameparcel of property as the principal structure and the use of which is incidental to the use of theprincipal structure. Accessory structures should constitute a minimal investment, may not beused for human habitation, and be designed to have minimal flood damage potential. Examplesof accessory structures are detached garages, carports, storage sheds, pole barns, and haysheds.

Addition (to an existing building) means any walled and roofed expansion to the perimeterof a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a fire wall or is separated byindependent perimeter load-bearing walls is a new construction.

Appeal means a request for review of the development approval authorities' interpretationof any provision of this article or a request for a variance.

Area of shallow flooding means a designated AO or VO zone on a community's floodinsurance rate map (FIRM) with base flood depths from one to three feet where a clearlydefined channel does not exist, where the path of flooding is unpredictable and indeterminate,and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject toa 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 inany given year.

Base flood elevation means the water-surface elevation associated with the base flood.Basement means that portion of a building having its floor subgrade (below ground level) on

all sides.Board of adjustment means the board of adjustment as established by the City of Milton.Breakaway wall means a wall that is not part of the structural support of the building and is

intended through its design and construction to collapse under specific lateral loading forceswithout causing damage to the elevated portion of the building or the supporting foundationsystem.

Building means any structure built for support, shelter, or enclosure for any occupancy orstorage.

Coastal high hazard area means the area subject to high velocity waters caused by, but notlimited to, hurricane wave wash. The area is designated on a FIRM as zone VI-30, VE or V.

Datum means a reference surface used to ensure that all elevation records are propertyrelated. Many communities have their own datum that was developed before there was anational standard. The current national datum is the National Geodetic Vertical Datum (NGDV)of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum(NAVD) of 1988.

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Development means any manmade change to improved or unimproved real estate,including, but not limited to, buildings or other structures, mining, dredging, filling, grading,paving, excavating, drilling operations, or permanent storage or materials.

Elevated building means a non-basement building built to have the lowest floor elevatedabout the ground level of means of fill, solid foundation perimeter walls, pilings, column (postsand piers), shear walls, or breakaway walls.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation,buildings, permanent structures or development into a floodplain, which may impede or alter theflow capacity of a floodplain.

Existing construction means for the purposes of floodplain management, structures forwhich "the start of construction " commenced before the data of the initial flood insurance ratemap (FIRM).

Existing construction means for the purposes of determining rates structures for which the"start of construction" commenced before the effective date of June 1, 1977. The term may alsobe referred to as "existing structures".

Existing manufactured home park or subdivision means a manufactured home park orsubdivision for which the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including at a minimum the installation of utilities, theconstruction of streets, and either final site grading or the pouring of concrete pads) iscompleted before June 1, 1977.

Expansion to an existing manufactured home park or subdivision means the preparation ofadditional sites by the construction of facilities for servicing the lots on which the manufacturedhomes are to be affixed (including the installation of utilities, the construction of streets, andeither final site grading or the pouring of concrete pads).

Flood or flooding means:(1) A general and temporary condition of partial or complete inundation of normally dry land

areas from:a. The overflow of inland or tidal waters.b. The unusual and rapid accumulation or runoff of surface waters from any source.c. Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in

paragraph (1)b. of this definition and are akin to a river of liquid and flowing mud onthe surface of normally dry land areas, as when earth is carried by a current of waterand deposited along the path of the current.

(2) The collapse or subsidence of land along a shore of a lake or other body of water asthe result of erosion or undermining caused by waves or currents of water exceedinganticipated cyclical levels or suddenly caused by an unusually high water level in anatural body of water, accompanied by a severe storm or by an unanticipated force ofnature, such as a flash flood or an abnormal tidal surge or by some similarly unusual andunforeseeable event which results in flooding as defined in paragraph (1)a. of thisdefinition.

Flood boundary and floodway map (FBFM) means the official map on which the FederalEmergency Management Agency (FEMA) or Federal Insurance Administration (FIA) hasdelineated the areas of flood hazards and regulatory floodway.

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Flood hazard boundary map (FHBM) means an official map of a community issued by theFederal Emergency Management Agency, where the boundaries of the areas of special floodhazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which theFederal Emergency Management Agency has delineated both the areas of special flood hazardand the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal EmergencyManagement Agency. The report contains flood profiles, as well as the flood boundary floodwaymap and the water surface elevation of the base flood.

Floodplain means any land area susceptible to being inundated by water from any source(see definition of "flooding").

Floodplain administrator means the individual appointed to administer and enforce thefloodplain management regulations of the community.

Floodplain management means the operation of an overall program of corrective andpreventive 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 works, floodplain management regulations, and open space plans.

Floodplain management regulations means this chapter and other zoning ordinances,subdivision regulations, building codes, health regulations, special purpose ordinances (such asfloodplain ordinance, grading ordinance, and erosion control ordinance), and other applicationsof police power which control development in flood-prone areas. This term describes federal,State of Florida, or local regulations in any combination thereof, which provide standards forpreventing and reducing flood loss and damage.

Floodproofing means any combination of structural and non-structural additions, changes,or adjustments to structures, which reduce or eliminate flood damage to real estate or improvedreal property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areasthat must be reserved in order to discharge the base flood without cumulatively increasing thewater surface elevation more than one foot.

Floodway fringe means that area of the floodplain on either side of the regulatory floodwaywhere encroachment may be permitted without additional hydraulic and/or hydrologic analysis.

Floor means the top surface of an enclosed area in a building (including), i.e., top of slab inconcrete slab construction or top of wood flooring in wood frame construction. The term doesnot include the floor of a garage used solely for parking vehicles.

Free of obstruction means any type of lower area enclosure or other construction elementthat will obstruct the flow of velocity water and wave action beneath the lowest horizontalstructural member of the lowest floor of an elevated building during a base flood event is notallowed. This requirement applies to the structures in velocity zones (V-zones).

Freeboard means a factor of safety usually expressed in feet above a flood level forpurposes of floodplain management "freeboard" tends to compensate for the many unknownfactors that could contribute to flood heights greater than the height calculated for a selectedsize flood and floodway conditions, such as wave action, bridge openings, and the hydrologicaleffect of urbanization of the watershed.

Functionally dependent facility means a facility which cannot be used for its intendedpurpose unless it is located or carried out in close proximity to water, such as a docking or port

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facility necessary for the loading and unloading of cargo or passengers, shipbuilding, shiprepair, or seafood processing facilities. The term does not include long-term storage,manufacture, sales, or service facilities.

Hardship (as related to variances of this article) means the exceptional hardship that wouldresult from a failure to grant the requested variance. The (governing body) requires that thevariance is exceptional, unusual, and peculiar to the property involved. Mere economic orfinancial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physicalhandicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as arule, qualify as an exceptional hardship. All of these problems can be resolved through othermeans without granting a variance, even if the alternative is more expensive, or requires theproperty 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 toconstruction, next to the proposed walls of a structure.

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 asmeeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing tothe historical significance of a registered historic or a district preliminarily determined bythe Secretary to qualify as a registered historic district;

(3) Individually listed on the Florida Inventory of Historic Places, which has been approvedby the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historicpreservation programs that have been certified either:a. By the approved Florida program as determined by the Secretary of the Interior; orb. Directly by the Secretary of the Interior.

Lowest adjacent grade means the lowest elevation, after the completion of construction, ofthe ground, sidewalk, patio, deck support, or basement entryway immediately next to thestructure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Anunfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, orstorage, in an area other than a basement, is not considered a building's lowest floor, providedthat such enclosure is not built so as to render the structure in violation of the non-elevationdesign standards of this article.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of landdivided unto two or more manufactured home lots for rent or sale.

Market value means the building value, which is the property value excluding the land valueand that of the detached accessory structures and other improvements on site (as agreed tobetween a willing buyer and seller) as established by what the local real estate market will hear.Market value can be established by an independent certified appraisal (other than a limited orcurbside appraisal, or one based on income approach), actual cash value (replacement costdepreciated for age and quality of construction of building), or adjusted tax-assessed values.

Manufactured home means for flood insurance purposes, a manufactured home is definedas a structure, transportable in one or more sections, which is built on a permanent chassis and

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designed to be used with or without a permanent foundation when connected to the requiredutilities. The term also includes park trailers, travel trailer, and similar transportable structuresplaced on a site for 180 consecutive days or longer and intended to be improved property.

Mean sea level (MSL) means the average height of the sea for all stages of the tide. It isused as a reference for establishing various elevation within the floodplain. For purposes of thissection, the term is synonymous with National Geodetic Vertical Datum (NGVD).

National Geodetic Vertical Datum (NGVD) means as corrected in 1929, NGVD is a verticalcontrol used as reference for establishing varying elevations within the floodplain.

New construction means structures for which the "start of construction" commenced on orafter the effective date of this section.

New construction (for floodplain management purposes) means any structures for whichthe "start of construction commenced on or after the effective date of the initial floodplainmanagement code, ordinance, or standard based upon specific technical base flood elevationdata that establishes the area of special flood hazard. The term also includes any subsequentimprovements to such structures. For flood insurance rates, structures for which the start ofconstruction commenced on or after the effective date of the date of an initial FIRM or afterDecember 31, 1974, whichever is later, and included any subsequent improvements to suchstructures.

New manufactured home park or subdivision means a manufactured home park orsubdivision for which the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including a minimum, the installation of utilities, theconstruction of streets, and either final site grading or the pouring of concrete pads) iscompleted on or after the effective date of the first floodplain management code, ordinance orstandard.

North American Vertical Datum (NAVD) of 1988 means a vertical control used as areference for establishing varying elevations within the floodplain.

Program deficiency means a defect in the community's floodplain management regulationsor administrative procedures that impairs effective implementation of those floodplainmanagement regulations or of the standards required by the National Flood Insurance Program.

Public safety and nuisance means anything which is injurious to safety or health of theentire community or a neighborhood, or any considerable number of persons, or unlawfullyobstructs the free passage or use, in the customary manner, or any navigable lake, or river, bay,stream, canal, or basin.

Recreational vehicle means a vehicle that is:(1) Built on a single chassis;(2) Four hundred 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.Regulatory 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 cumulativelyincreasing the water surface elevation more than a designated height.

Remedy a deficiency or violation means to bring the regulation, procedure, structure orother development into compliance with State of Florida, federal or local floodplain management

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regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways theimpacts may be reduced include protecting the structure or other affected development fromflood damages, implementing the enforcement provisions of this article or otherwise deterringfurther similar violations, or reducing federal financial exposure with regard to the structure orother development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream,brook, etc.

Sand dunes means naturally occurring accumulations of sand in ridges or moundslandward of the beach.

Special flood hazard area (SFHA) (see "area of special flood hazard") means an areahaving special flood hazard and shown on an FHBM or FIRM as zone A, AO, Al-30, AE, A99,AH, V1-30, VE or V.

Start of construction (for other than new construction or substantial improvements under theCoastal Barrier Resources Act P.L. 97-348), includes substantial improvement, and means thedate the building permit was issued, provided the actual start of construction, repair,reconstruction, or improvement was within 180 days of the permit date. The actual start meansthe first placement of permanent construction of a structure (including a manufactured home) ona site, such as the pouring of slabs or footings, installation of piles, construction of columns, orany work beyond the stage of excavation or the placement of a manufactured home on afoundation. Permanent construction does not include land preparation, such as clearing, gradingand filling; it includes the installation of streets and/or walkways; it includes excavation for abasement, footings, piers or foundations or the erection of temporary forms; it includes theinstallation on the property of accessory buildings, such as garage or sheds not occupied asdwelling units or part of the main structure.

Structure means a walled and roofed building that is principally above ground, amanufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage means damage of any origin sustained by a structure whereby the costof restoring the structure to its before damaged condition would equal or exceed 50 percent ofthe market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction or improvement of a structure,the cumulative cost of which equals or exceeds 50 percent of the market value of the structureeither before the improvement or repair is started, or if the structure has been damaged and isbeing restored, before the damage occurred. The market value of the structure should be:

• The appraised value of the structure prior to the start of the initial repair or improvement;

• In the case of damage, the value of the structure prior to the damage occurring.

For the purposes of this definition, "substantial improvements" is considered to occur whenthe first alteration of any wall, ceiling, floor, or other structural part of the building commences,whether or not that alternation affects the external dimensions of the structure. The term doesnot, however, include any project for improvement of a structure required to comply with existinghealth, sanitary, or safety code specifications which are solely necessary to assure safe livingconditions, or any alterations of a structure listed on the National Register of Historic Places orstate master site file inventory of historic sites.

Substantially improved existing manufactured home parks or subdivisions is where therepair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equal or

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exceeds 50 percent of the value of the streets, utilities and pads before the repair,reconstruction or improvement commenced.

Variance means a grant of relief from the requirements of this section which permitsconstruction in a manner otherwise prohibited by this section where specific enforcement wouldresult in unnecessary hardship.

Violation means the failure of a structure or other development to be fully compliant with therequirements of this article. A structure or other development without the elevation certificate,other certifications, or other evidence of compliance required in this article is presumed to be inviolation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic featureon or over which waters flow at least periodically. Watercourse includes specifically designatedareas in which substantial flood damage may occur.

Water surface elevation means the height, in relation to the National Geodetic VerticalDatum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods ofvarious magnitudes and frequencies in the floodplains of coastal or riverine areas.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-374. - General provisions.

(a) Applicability. This section shall apply to all areas of special flood hazard within thejurisdiction of the City of Milton.

(b) Basis for establishing the areas of special flood hazard. The areas of special flood hazardidentified by the Federal Emergency Management Agency in its flood insurance study, datedMay 15, 1985, with accompanying maps and other supporting data, and any revision thereto,are adopted by reference and declared to be part of this section.

(c) Establishment of development permit. A development order shall be required inconformance with the provisions of this section prior to the commencement of anydevelopment activities.

(d) Compliance. No structure or land shall hereafter be located, extended, converted orstructurally altered without full compliance with the terms of this section and other applicableregulations.

(e) Abrogation and greater restrictions. This section is not intended to repeal, abrogate, orimpair any existing easements, covenants, or deed restrictions. However, where this sectionand another conflict or overlap, whichever imposes the more stringent restrictions shallprevail.

(f) Interpretation. In the interpretation and application of this section all provisions shall be:(1) Considered as minimum requirements;(2) Liberally construed in favor of the governing body;(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(g) Warning and disclaimer of liability. The degree of flood protection required by this section isconsidered reasonable for regulatory purposes and is based on scientific and engineeringconsideration. Larger floods can and will occur on rare occasions. Flood heights may beincreased by manmade or natural causes. This section does not imply that land outside the

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areas of special flood hazard or uses permitted within such areas will be free from floodingor flood damages. This section shall not create liability on the part of the City of Milton or byany officer or employee thereof for any flood damage that result from reliance on this sectionor any administrative decision lawfully made thereunder.

(h) Penalties for violation. Violation of the provisions of this section or failure to comply with anyof its requirements, including violation of conditions and safeguards established in connectionwith grants of variance or special exceptions, shall constitute a misdemeanor. Any personwho violates this section or fails to comply with any of its requirements shall, upon convictionthereof, be fined not more than $500.00 or imprisoned for not more than 180 days, or both,and in addition shall pay all costs and expenses involved in the case. Each day such violationcontinues shall be considered a separate offense. Nothing herein contained shall prevent theCity of Milton from taking such other lawful actions as is necessary to prevent or remedy anyviolation.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-375. - Administration.

(a) Designation of the building official. The Santa Rosa County Building Official is herebydesignated to administer and implement the provisions of this article.

(b) Permit procedures. Application for a development permit shall be made to the planning anddevelopment department on forms furnished by him or her prior to any development,activities, and may include, but not limited to, the following plans in duplicate drawn to scaleshowing the nature, location, dimensions, and elevations of the area in question; existing orproposed structures, fill, storage of materials, drainage facilities, and the location of theforegoing.Specifically, the following information is required:(1) Application stage:

a. Elevation in relation to mean sea level of the proposed lowest floor (includingbasement) of all structures;

b. Elevation in relation to mean sea level to which any nonresidential structure will befloodproofed;

c. Certificate from a registered professional engineer or architect that thenonresidential floodproofed structure will meet the floodproofing criteria in section29-376(b)(2);

d. Description of the extent to which any watercourse will be altered or relocated as aresult of proposed development and;

(2) Construction stage. Provide a floor elevation or floodproofing certification after thelowest floor is completed, or in instances where the structure is subject to the regulationsapplicable to coastal high hazard areas (CHHA), after placement of the horizontalstructure members of the lowest floor. Upon placement of the lowest floor, orfloodproofing by whatever construction means, or upon placement of the horizontalstructural members of the lowest floor, whichever is applicable, it shall be the duty of thepermit holder to submit to the building official a certification for the elevation of the lowestfloor, floodproofed elevation, or the elevation of the lowest portion for the horizontalstructural members of the lowest floor, whichever is applicable, as built, in relation to

42

mean sea level. The building official shall make certain said certification shall besubmitted prior to the rough phases of construction inspections. No further constructionshall be given approval unless and until the certification is provided as set forth herein.Said certification shall be prepared by or under the direct supervision of a registered landsurveyor or professional engineer and certified by same. When floodproofing is utilizedfor a particular building, said certification shall be prepared by or under the directsupervision of a professional engineer or architect and certified by same. Any workundertaken prior to submission of the certification shall be at the permit holder's risk. Thebuilding official shall review the floor elevation survey data submitted. Deficienciesdetected by such review shall be corrected by the permit holder immediately and prior tofurther progressive work being permitted to proceed.

Failure to submit the survey or failure to make said corrections required hereby, shall because to issue a stop work order for the project.(c) Duties and responsibilities of the building official. Duties of the building official shall include,

but not be limited to:(1) Review of all development permits to assure that the permit requirements of this section

have been satisfied.(2) Advise the permit applicant that additional federal or state permits may be required, and

if specific federal or state permit requirements are known, require that copies of suchpermits be provided and maintained on file with the development permit.

(3) Notify adjacent communities and the department of environmental regulation prior toany alteration or relocation of a watercourse, and submit evidence of such notification tothe Federal Emergency Management Agency.

(4) Assure that maintenance is provided within the altered or relocated portion of saidwatercourse so that the flood-carrying capacity is not diminished.

(5) Verify and record that actual elevation (in relation to mean sea level) of the lowest floor(including basement) of all new or substantially improved structures, in accordance withsubsection (b)(2).

(6) Verify and record the actual elevation (in relation to mean sea level) to which the newor substantially improved structures have been floodproofed, in accordance withsubsection (b)(2).

(7) In coastal high hazard areas' certificates shall be obtained from a registeredprofessional engineer or architect that the structure is designed to be securely anchoredto adequately anchored pilings or columns in order to withstand velocity waters andhurricane wave wash.

(8) In coastal high hazard areas, the building official shall review plans for adequacy ofbreakaway walls in accordance with section 29-376(b)(5)h.

(9) When floodproofing is utilized for a particular structure, the building official shall requirecertification from a registered professional engineer or architect, in accordance withsection 29-376(b)(2).

(10) Where interpretation is needed as to the exact location of boundaries of the areas ofspecial flood hazard (for example, where there appears to be a conflict between amapped boundary and actual field conditions) the building official shall make thenecessary interpretation. The person contesting the location of the boundary shall begiven a reasonable opportunity to appeal the interpretation as provided in this article.

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(11) When base flood elevation data or floodway data have not been provided inaccordance with section 29-374(b), then the building official shall obtain, review andreasonably utilize any base flood elevation and floodway data available from a federal,state or other source, in order to administer the provisions of section 29-376.

(12) All records pertaining to the provisions of this section shall be maintained in the officeof the building official and shall be open for public inspection.

(d) Variance procedures:

(1) The board of adjustment as established by the City of Milton shall hear and decideappeals and requests for variances from the requirements of this section.

(2) The board of adjustment shall hear and decide appeals when it is alleged there is anerror in any requirement, decision, or determination made in the enforcement oradministration of this section.

(3) Any person aggrieved by the decision of the board of adjustment or any taxpayer mayappeal such decision as provided in article II of these land development regulations.

(4) Variances may be issued for reconstruction, rehabilitation or restoration of structureslisted on the National Register of Historic Places or the state master site file inventory ofhistoric places without regard to the procedures set forth in the remainder of this section,except for subsection (d)(8)a. and d., and provided the proposed reconstruction,rehabilitation, or restoration will not result in the structure losing its historical designation.

(5) In passing upon such application, the board of adjustment shall consider all technicalevaluations, all relevant factors, all standards specified in other sections; anda. The danger that materials may be swept onto other land to the injury of others;b. The danger to life and property due to flooding or erosion damage;c. The susceptibility of the proposed facility and its contents to flood damage and the

effects of such damage on the individual owner;d. The importance of the services provided by the proposed facility to the community;e. The necessity of the facility to a waterfront location, in the case of a functionally

dependent facility;f. The availability of alternative locations, not subject to flooding or erosion damage,

for the proposed use;g. The compatibility of the proposed use with existing and anticipated development;h. The relationship of the proposed use to the comprehensive plan and floodplain

management program for that area;i. The safety of access to the property in time of flood for ordinary and emergency

vehicles;j. The expected heights, velocity, duration, rate of rise and sediment transport of the

floodwaters and the effects of wave action, if applicable, expected at the site; andk. The costs of providing governmental services during and after flood conditions

including maintenance and repair of public utilities and facilities such as sewer, gas,electrical, and water systems, and streets and bridges.

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(6) Upon consideration of the factors listed above, and the purposes of this section, theboard of adjustment may attach such conditions to the granting of variances as it deemsnecessary to further the purposes of this section.

(7) Variances shall not be issued within any designated floodway if any increase in floodlevels during the base flood discharge would result.

(8) Conditions for variances:

a. Variances shall only be issued upon a determination that the variance is theminimum necessary, considering the flood hazard, to afford relief; and in theinstance of a historical building, a determination that the variance is the minimumnecessary so as not to destroy the historical character and design of the building.

b. Variances shall only be issued upon:1. A showing of good and sufficient cause;2. A determination that failure to grant the variance would result in exceptional

hardship; and3. A determination that the granting of a variance will not result in increased flood

heights, additional threats to public safety, extraordinary public expense, createa nuisance, cause fraud on or victimization of the public or conflict with existinglocal laws or ordinances.

c. Any applicant to whom a variance is granted shall be given written notice specifyingthe difference between the base flood elevation and the elevation to which thestructure is to be built and stating that the cost of flood insurance will becommensurate with the increased risk resulting from the reduced lowest floorelevation.

d. The building official shall maintain the records of all appeal actions and report anyvariances to the Federal Emergency Management Agency upon request.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-376. - Provisions for flood hazard reduction.

(a) General standards. In all areas of special flood hazard the following provisions are required:(1) New construction and substantial improvements shall be anchored to prevent flotation,

collapse or lateral movement of the structure.(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral

movement. Methods of anchoring may include, but are not limited to, use of over-the-topor frame ties to ground anchors. This standard shall be in addition to and consistent withapplicable state requirements for resisting wind forces.

(3) New construction and substantial improvements shall be constructed with materials andutility equipment resistant to flood damage.

(4) New construction or substantial improvements shall be constructed by methods andpractices that minimize flood damage.

(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other servicefacilities shall be designed and/or located so as to prevent water from entering oraccumulating within the components during conditions of flooding.

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(6) New and replacement water supply systems shall be designed to minimize or eliminateinfiltration of floodwaters into the systems and discharges from the systems intofloodwaters.

(7) New and replacement sanitary sewage systems shall be designed to minimize oreliminate infiltration of floodwaters into the systems and discharges from the systemsinto floodwaters.

(8) On-site waste disposal systems shall be located and constructed to avoid impairmentto them or contamination from them during flooding.

(9) Any alteration, repair, reconstruction or improvements to a structure which is incompliance with the provisions of this section, shall meet the requirements of "newconstruction" as contained in this section.

(10) Structural storage facilities for chemicals, explosives, buoyant materials, flammableliquids, or other hazardous or toxic materials shall be located outside of floodprone areasto the extent possible and feasible. In the event that the site of these facilities must be infloodprone or floodplain areas due to overriding circumstances (see variance conditionsand standards), the design and construction of the facilities shall be floodproofed inaccordance with the following standard: A registered professional engineer must certifythat the building or structure has been designed and constructed so that the structureand attendant facilities are watertight and capable of resisting the effects of theregulatory flood below the flood protection elevation established in this section. Thedesign must take into account flood velocities, duration, rate of rise, hydrostatic andhydrodynamic forces, the effect of buoyancy, and impacts from debris.

(11) Limit the alteration of a natural floodplains, stream channels and natural protectionbarriers which are involved in the accommodation or incompatible filling, grading,dredging, drainage, and other development which will result in a damaging increase inerosion, habitat destruction, or adverse impacts on the water quality treatment functionof the floodplain.

(12) In cases where forestry activities are present, a minimum distance of 50 feet ofwooded non-disturbed area shall be maintained adjacent to floodplain and floodproneareas for a natural buffer.

(13) Compatible uses are highly encouraged in floodplain and floodprone areas including,but not limited to, recreational, agricultural, or other open space use.

(b) Specific standards. In all areas of special flood hazard where base flood elevation data havebeen provided, as set forth in section 29-374 or section 29-375(c)(11). The followingprovisions are required:(1) Residential construction. New construction or substantial improvement of any

residential structure shall have the lowest floor, including basement, elevated no lowerthan three feet above the base flood elevation. Should solid foundation perimeter wallsbe used to elevate a structure, openings sufficient to facilitate the unimpeded movementsof floodwaters shall be provided in accordance with standards of section 29-375(b).Additionally, V-zone requirement shall be imposed on all lands within 200 feet from themean high tide line.

(2) Nonresidential construction. New construction or substantial improvement of anycommercial, industrial, or nonresidential structure shall have the lowest floor, includingbasement, elevated no lower than one foot above the level of the base flood elevation.Structures located in all A zones may be floodproofed in lieu of being elevated provided

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that all areas of the structure below the required elevation are watertight with wallssubstantially impermeable to the passage of water, and use structural componentshaving the capability of resisting hydrostatic and hydrodynamic loads and the effect ofbuoyancy. A registered professional engineer or architect shall certify that the standardsof this subsection are satisfied. Such certification shall be provided to the official as setforth in section 29-375(b)(3).

(3) Elevated buildings. New construction or substantial improvements of elevated buildingsthat include fully enclosed areas formed by foundation and other exterior walls below thebase flood elevation shall be designed to preclude finished living space and designed toallow for the entry and exit of floodwaters to automatically equalize hydrostatic floodforces on exterior walls.a. Designs for complying with this requirement must either be certified by a

professional engineer or architect or meet the following minimum criteria:1. Provide a minimum of two openings having a total net area of not less than one

square inch for every square foot of enclosed area subject to flooding;2. The bottom of all openings shall be no higher than one foot above grade; and3. Openings may be equipped with screens, louvers, valves or other coverings or

devices provided they permit the automatic flow of floodwaters in bothdirections.

b. Electrical, plumbing, and other utility connections are prohibited below the baseflood elevation;

c. Access to the enclosed area shall be the minimum necessary to allow for parking ofvehicles (garage door) or limited storage of maintenance equipment used inconnection with the premises (standard exterior door) or entry to the living area(stairway or elevator); and

d. The interior portion of such enclosed area shall not be partitioned or finished intoseparate rooms.

(4) Floodways. Located within areas of special flood hazard established in section 29-374(b), are areas designated as floodways. Since the floodway is an extremelyhazardous area due to the velocity of floodwaters which carry debris, potential projectilesand has erosion potential, the following provisions shall apply:a. Prohibit encroachment, including fill, new construction, substantial improvements

and other developments unless certification (with supporting technical data) by aregistered professional engineer is provided demonstrating that encroachment shallnot result in any increase in flood levels during occurrence of the base flooddischarge.

b. If subsection (b)(4)a. is satisfied, all new construction and substantial improvementsshall comply with all applicable flood hazard reduction provisions of section 29-376.

c. Prohibit the placement of manufactured homes (mobile homes), except in anexisting manufactured home (mobile homes) parks or subdivision. A replacementmanufactured home may be placed on a lot in an existing manufactured home parkor subdivision provided the anchoring standards of (a)(2) and the elevationstandards of (b)(1) are met.

(5) Coastal high hazard areas (V zones). Located within the areas of special flood hazardestablished in section 29-374(b), are areas designated as coastal high hazard areas.

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These areas have special flood hazards associated with wave wash; therefore, thefollowing provisions shall apply:a. All buildings or structures shall be located 100 feet landward of the reach of the

mean high tide;b. All buildings or structures shall be elevated so that the bottom of the lowest

supporting horizontal member (excluding pilings or columns) is located no lowerthan two feet above the base flood elevation level, with all space below the lowestsupporting member open so as not to impede the flow of water. Open lattice workor decorative screening may be permitted for aesthetic purposes only and must bedesigned to wash away in the event of abnormal wave action and in accordancewith subsection (b)(5)h.;

c. All buildings or structures shall be securely anchored on pilings or columns;d. All pilings and columns and the attached structures shall be anchored to resist

flotation, collapse, and lateral movement due to the effect of wind and water loadsacting simultaneously on all building components. The anchoring and supportsystem shall be designed with wind and water loading values which equal or exceedthe 100-year mean recurrence interval (one-percent annual chance flood).

e. A registered professional engineer or architect shall certify that the design,specifications and plans for construction are in compliance with provisions containedin subsection (b)(5)b., c. and d. of this section.

f. There shall be no fill used as structural support. Non-compacted fill may be usedaround the perimeter of a building for landscaping/aesthetic purposes provided thefill will wash out from the storm surge, (thereby rendering the building free ofobstruction) prior to generating excessive loading forces, ramping effects, or wavedeflection. The building official shall approve design plans for landscaping/aestheticfill only after the applicant has provided an analysis by an engineer, architect, and/orsoil scientist, which demonstrates that the following factors have been fullyconsidered:1. Particle composition of fill material does not have a tendency for excessive

natural compaction;2. Volume and distribution of fill will not cause wave deflection to adjacent

properties; and3. Slope of fill will not cause wave run-up or ramping.

g. There shall be no alteration of sand dunes or mangrove stands which wouldincrease potential flood damage.

h. Lattice work or decorative screening shall be allowed below the base flood elevationprovided they are not part of the structural support of the building and are designedso as to breakaway, under abnormally high tides or wave action, without damage tothe structural integrity of the building on which they are to be used provided thefollowing design specifications are met:1. No solid walls shall be allowed; and2. Material shall consist of lattice or mesh screening only.

i. If aesthetic lattice work or screening is utilized, such enclosed space shall not bedesigned to be used for human habitation, but shall be designed to be used only for

48

parking of vehicles, building access, or limited storage of maintenance equipmentused in connection with the premises;

j. Prior to construction, plans for any structures that will have lattice work or decorativescreening must be submitted to the building official for approval;

k. Any alteration, repair, reconstruction or improvement to a structure shall not enclosethe space below the lowest floor except with lattice work or decorative screening, asprovided for in subsections (b)(5)h. and i;

l. Prohibit the placement of manufactured homes (mobile homes) except in an existingmanufactured homes (mobile homes) park or subdivision. A replacementmanufactured home may be placed on a lot in an existing manufactured home parkor subdivision provided the anchoring standards of subsection (a)(2) and theelevation standards of subsection (b)(1) are met.

(6) Standards for manufactured homes and recreational vehicles.a. All manufactured homes that are placed, or substantially improved within zones A1-

30, AH, and AE, on sites (i) outside of an existing manufactured home park orsubdivision, (ii) in a new manufactured home park or subdivision, (iii) in anexpansion to an existing manufactured home park or subdivision or (iv) in an existingmanufactured home park or subdivision on which a manufactured home hasincurred "substantial damage" as the result of a flood, the lowest floor be elevatedon a permanent foundation to (no lower than three feet above) the base floodelevation and be securely anchored to an adequately anchored foundation systemto resist flotation, collapse, and lateral movement.

b. All manufactured homes to be placed or substantially improved in an existingmanufactured home park or subdivision within zones A-1, AH, and AE, that are notsubject to the provisions of paragraph (4)a. of this section, must be elevated so thateither:1. The lowest floor of the manufactured home is elevated to no lower than one

foot above the base flood elevation, or2. The manufactured home chassis is supported by reinforced piers or other

foundation elements of at least an equivalent strength that are no less than 72inches in height above the grade and securely anchored to an adequatefoundation system to resist flotation, collapse, and lateral movement.

c. All recreational vehicles placed on sits within zones A1-30, AH, and AE must either:1. Be on the site for fewer than 180 consecutive days;2. 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 onlyby quick disconnect type utilities and security devices and has no permanentlyattached additions); or

3. Meet all the requirements for new construction, including anchoring andelevation requirements in accordance with subsection (b)(4)a. and b. of thissection.

(c) Standards for streams without established base flood elevations and/or floodways. Locatedwithin the areas of special flood hazard established in section 29-374(b), where small streamsexist but where no base flood data has been provided or where no floodways have beenprovided, the following provisions apply:

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(1) No encroachment, including fill material or structures shall be located within a distanceof the stream bank equal to two times the width of the stream at the top of bank or 20feet each side from top of bank, whichever is greater, unless certification by a registeredprofessional engineer is provided demonstrating that such encroachment shall not resultin any increase in flood levels during the occurrence of the base flood discharge.

(2) New construction or substantial improvements of structures shall be elevated orfloodproofed to elevations established in accordance with section 29-375(c)(11).

(d) Standards for subdivision proposals:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;(2) All subdivision 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).(e) Standards for areas of shallow flooding (AO zones). Located within the areas of special

flood hazard established in section 29-374(b) are areas designated as shallow flooding areas.These areas have special flood hazards associated with the base flood depths of one to threefeet where a clearly defined channel does not exist and where the path of flooding isunpredictable and indeterminate; therefore, the following provisions apply:(1) All new construction and substantial improvements of residential structures shall have

the lowest floor, including the basement, elevated to the depth number specified on theflood insurance rate map, in feet, above the highest adjacent (natural) grade.

(2) All new construction and substantial improvements of nonresidential structures shall:a. Have the lowest floor, including basement, elevated to the depth number specified

on the flood insurance rate map, in feet, above the highest adjacent grade. If nodepth number is specified, the lowest floor, including basement, shall be elevated atleast two feet above the highest adjacent grade, or;

b. Together with attendant utility and sanitary facilities be completely floodproofed toor above that level so that any space below that level is watertight with wallssubstantially impermeable to the passage of water and with structural componentshaving the capability of resisting hydrostatic and hydrodynamic loads and effects ofbuoyancy.

(f) Specific standards:

(1) Located within the areas of special flood hazard established in section 29-374, wherethere exist A zones for which no base flood elevation data and regulatory floodway havebeen provided or designated by the Federal Emergency Management Agency, thefollowing provisions shall apply:a. All applicable provisions of this section.b. The floodplain administrator shall obtain, review, and reasonably utilize any base

flood elevation and floodway data available from a federal, State of Florida, or anyother source, in order to administer the provisions of this article. When such data isutilized, provisions of section 29-376 shall apply. The floodplain administrator shall:

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1. Obtain the elevation (in relation to the mean sea level) of the lowest floor(including the basement) of all new and substantially improved structures;

2. Obtain, if the structure has been floodproofed in accordance with therequirements of this section, the elevation in relation to the mean sea level towhich the structure has been floodproofed, and maintain a record of all suchinformation.

c. When data is not available from any source, the lowest floor of the structure shallbe elevated to no lower than three feet above the highest adjacent level.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-377. - Conflicting code requirements.

In the event that any portion of the Code of Ordinances or Unified Development Code isfound to be in conflict with the provisions of this section, the requirements of this section shalltake precedence for flood insurance purposes.

( Ord. No. 1459-17 , § 1, 9-12-2017)

Sec. 29-378. - Additional permits.

Additional federal, State of Florida, and local permits may be required, and if suchadditional permits are necessary, especially as it relates to F.S. §§ 161.053; 320.8249;320.8359; 373.036; 380.05; 381.0065; and ch. 553, part IV, copies of such permits shall beprovided and maintained on file with the development permit.

(1) All applicable additional federal, State of Florida, and local permits shall be obtainedand submitted to the floodplain administrator. Copies of such permits shall be maintainedon file with the development. State of Florida permits may include, but not be limited tothe following:a. Department of health: in accordance with F.S. ch. 381.0065, onsite sewage

treatment and disposal systems.b. Department of environmental protection, coastal construction control line: in

accordance with F.S. ch. 161.053, coastal construction and excavation.c. Department of health: in accordance with F.S. ch. 381.0065, onsite treatment and

disposal systems.d. Department of environmental protection, coastal construction line in accordance

with F.S. ch. 161.053, coastal construction and excavation.

( Ord. No. 1459-17 , § 1, 9-12-2017)

AGENDA ITEM # 1753CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Growth & Development

Department and Division: Planning & Development

Title: Excess Property available for affordable housing

Background: Staff is required according to Florida Statute 166.0451 toprepare and maintain an inventory list of all properties towhich the City holds fee simple title that are appropriate foruse as affordable housing. The statute further indicates thatthe properties identified as appropriate for use as affordablehousing on the inventory list adopted by the municipalitymay be offered for sale and the proceeds may be used topurchase land for the development of affordable housing orto increase the local government fund earmarked foraffordable housing, or may be sold with a restriction thatrequires the development of the property as permanentaffordable housing, or may be donated to a nonprofithousing organization for the construction of permanentaffordable housing. Alternatively, the municipality mayotherwise make the property available for use for theproduction and preservation of permanent affordablehousing.

Summary: There is one city-owned property that is determined by staffto be appropriate to support affordable housing. Theproperty is at the corner of Oakcrest Road and ChaversStreet across from the Milton Cemetery, as shown in theattachment. The property is buildable, has access to apublic street, and could possibly be divided to accommodate

more than one home. The statute also requires that the listof properties be approved by resolution, and after a publichearing is held.

Recommendation: Staff recommends that Council review the attachedresolution and determine how the property is to bemarketed.

Attachments: Resolution # 1520-21 with accompanying Exhibit A,Description as found in Vacant City-Owned Lands Tour.

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☒ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

RESOLUTION NO. 1520-21

A RESOLUTION OF THE CITY OF MILTON, FLORIDA, AMENDING AND ADOPTING THEAFFORDABLE HOUSING PROPERTY INVENTORY BY WAY OF THIS RESOLUTION,PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Florida Statute 166.0451 (1) provides that by July 1, 2007, and every 3 yearsthereafter, each municipality shall prepare an inventory list of all real property within thejurisdiction to which the city holds fee simple title that is appropriate for use as affordablehousing; and

WHEREAS, Florida Statute 166.0451 (1) further provides that the council must reviewthe inventory list at a public hearing and may revise the list at the conclusion of the publichearing and shall adopt a resolution that includes an inventory list of such property followingthe public hearing; and

WHEREAS, Florida Statute 166.0451 (2) provides that the property identified asappropriate for use as affordable housing o the inventory list adopted by the city may beoffered for sale and the proceeds used to purchase land for the development of affordablehousing; or to increase the local government fund earmarked for affordable housing; or may bedonated to a nonprofit housing organization for the construction of permanent affordablehousing; or the city may make the property available for use for the production andpreservation of permanent affordable housing.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON,FLORIDA,

SECTION 1. That the property described on Exhibit A, attached hereto and by reference madepart hereof shall be designated as the City of Milton inventory list of city-owned real propertyappropriate for use as affordable housing in accordance with the requirements and provisionsof Section 166.0451 Florida Statutes.

SECTION 2. Effective Date. This resolution shall take effect immediately upon its adoption bythe City of Milton City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MILTON ON THIS ____________DAY OF ______________________, 2021.

CITY OF MILTON, FLORIDA

BY:___________________________MAYOR, PRESIDENT OF CITY COUNCIL

ATTEST:

CITY CLERK:___________________________

Legal in form and Valid when signed by City Attorney.

____________________________________CITY ATTORNEY

Number Parcel Number Address Vacant/Improved Size Description

1 041N282800001000190 N/A Vacant 0.4 AcresNorthwest corner of Chavers St. &Oakcrest Rd.

EXHIBIT A TO RESOLUTION 1520-21List of City-Owned Real Property Appropriate for Affordable Housing

AGENDA ITEM # 1757CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Growth & Development

Department and Division: Office of Economic Development

Title: Milton Cubed

Background: October 8, 2020, the UWF Historic Trust and Arcadia Millreleased ownership of the Cube. The donation was given tothe City of Milton for its use of showcasing local artistsand communicating messages of importance to thecommunity. Immediately following the City of Miltonissued the Cube Public Art Contest and its guidelines forpublic submission. The Theme at that time was “EmbraceMilton, Reject Racism”. May 20, 2021, Milton Cube wasunveiled to the Community. Total cost for development,design, print, and installation came to be $3,560.00. It wasstaffs understanding that the cube would be in the currentlocation for a period of 90 to 180 days, at a minimum.

Summary: An inquiry has been made as to when to open thecompetition back up for other non-profits and potentiallymove the Cube to the Clyde L. Gracey Community Center.

Recommendation: Staff looks for council’s guidance to begin the Cube artcontest.

Attachments: N/A

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025Capital $3,560.00ExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT $3,560.00

FTE IMPACT 4

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☒ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1743CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Public Works

Department and Division: Milton Cemetery

Title: Infant Headstones

Background: There are a number of infants that only have temporaryheadstones. We would like to purchase them a nice littleheadstone.

Summary: We have approx. 49 infants that do not have a properheadstone. We found a producer that can produce them for$50.00 per headstone. They will produce the headstone,deliver it, and set it. We have 2 donations of $250.00 thatwill cover 5. So, we are requesting $2200.00 to completeall.

Recommendation: Committee recommends approval.

Attachments: See Pictures attached

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating Costs 2200.00External RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☒Budget Account No.: Fund 406 Department 0514-514-4600 (Cemetery Fund)

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☒ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☒Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1756CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Public Works

Department and Division: Public Works/Garage

Title: David Archer to travel to Ocala, Florida August 15-August20, 2021.

Background: Lead Mechanic David Archer to travel to Ocala, Florida forrecertification class.

Summary: David Archer, Lead Mechanic needs to be recertified forhis Emergency Vehicle Training Support. The cost for thiswill be $1,412.00. David will travel in a city vehicle.

Recommendation: Staff recommends approval

Attachments: Cost material is attached

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating Costs $1,412.00External RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☒ No☐Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☐ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☒ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed

AGENDA ITEM # 1758CITY OF MILTON

CITY COUNCIL

AGENDA ITEM SUMMARY

☐ C.O.W. ☒ Executive ☐ Council

Meeting Date: 7/6/2021

☐ Action ☒ Discussion

Committee: Administration

Department and Division: City Manager’s Office

Title: Converting Conference Room B to Useable Office Space

Background: The Information Technology department consists of an ITDirector and an IT Systems Analyst. These positions arecurrently officed within the Finance Department andClerk’s office. The challenge faced by the department is alack of space to perform the daily break/fix operationsrequired of the department.

The Clerk’s office is in need of additional space.Relocating the IT director will enable the use of space forrecords and additional office supply storage.

Conference Room B is underutilized and can be used tosolve both issues. The IT Department can be affordedadditional space for their own workstations and a bench forthe break/fix work. With the availability of the CityCouncil Chambers, Conference Room A, and publicmeeting facilities located at the Clyde L. GraceyCommunity Center and Magnolia Hall, the City will stillhave ample room for meetings.

Summary: At the Committee of the Whole meeting of June 22, 2021, Ireferred to City Hall’s growing need for office space. Afterexamining our most pressing needs, I intend to relocate the

IT department to Conference Room B. We can accomplishthis within our current budget.

Recommendation: Information only

Attachments:

FISCAL IMPACT ANALYSIS

A. Summary of Fiscal Impact:

Fiscal Years 2021 2022 2023 2024 2025CapitalExpendituresOperating CostsExternal RevenuesProgram IncomeIn-Kind Match

NET FISCAL IMPACT

FTE IMPACT

Is Item Included In Current Budget? Yes☐ No☐Budget Account No.: Fund 0000 Department 0000

B. Recommended Sources of Funds/Summary of Fiscal Impact:

C. Department Fiscal Review: ________________________

REVIEW COMMENTS

A. Legal Sufficiency: ______________________City Attorney

B. Other Department Review: _______________________

Committee Assignment:

☒ Administration ☐ Finance ☐ Growth & Dev ☐ Parks & Rec

☐ Public Safety ☐ Public Works ☐ Stormwater ☐ LEAP ☐ Econ. Dev.

Committee Recommendation:

☐Move to Executive ☐Move to Council ☐ Continue in Committee

☐ Referred to Sub-Committee ☐ Tabled ☐ Closed