BEFORE THE BOARD OF COUNTY COMMISSIONERS

MARTIN COUNTY, FLORIDA

ORDINANCE NO. 377

AN ORDINANCE AMENDING CHAPTER 14, FLOOD DAMAGE PREVENTION, OF THE

CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA; PROVIDING FOR

DEFINITIONS REGARDING MANUFACTURED HOMES; PROVIDING FOR DEFINITIONS

OF HISTORIC STRUCTURE, NEW CONSTRUCTION AND RECREATIONAL VEHICLE;

PROVIDING FOR DEFINITIONS FOR START OF CONSTRUCTION, SUBSTANTIAL

DAMAGE AND SUBSTANTIAL IMPROVEMENT; AMENDING THE SECTIONS REGARDING

MANUFACTURED HOMES IN ARTICLE V TO CONFORM WITH FEDERAL EMERGENCY

MANAGEMENT AGENCY RULE AMENDMENTS AND TO INCLUDE PROVISIONS FOR

RECREATIONAL VEHICLES; PROVIDING FOR VARIANCES FOR HISTORIC

STRUCTURES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR

SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE, THE

DEPARTMENT OF COMMUNITY AFFAIRS, THE DEPARTMENT OF ENVIRONMENTAL

REGULATION AND THE TREASURE COAST REGIONAL PLANNING COUNCIL;

PROVIDING FOR AN EFFECTIVE DATE; PENALTIES AND CODIFICATION.

WHEREAS, pursuant to Section 125.01(j) Florida Statutes (1981) the

Board of County Commissioners of Martin County, Florida adopted Ordinance No.

227, Flood Damage Prevention; and

WHEREAS, the Federal Emergency Management Agency has published rule

changes for the National Flood Insurance Program: and

WHEREAS, the Board of County Commissioners of Martin County, Florida

has determined to amend the Flood Damage Prevention Ordinance to conform with

the rule changes;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS

OF MARTIN COUNTY, FLORIDA that the following amendments to Chapter 14, Flood

Damage Prevention, be made :

PART ONE :

ARTICLE I. FINDINGS OF FACT AND OBJECTIVES

Sec. 14-1 Statement of purpose - remains the same Sec. 14-2 Objectives - remains the same

ARTICLE 11. DEFINITIONS: SCOPE; LIABILITY

Sec. 14-3 Definitions - is amended as follows:

'Accessory building.' A building of a nature customarily subordinate or

incidental to the principal building or use and located on the same site.

Examples are tool sheds, garages, greenhouses and chicken coops.

'Addition (to an existing building)' means any walled and roofed expansion

to the perimeter of 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 firewall or is separated by independent perimeter

load-bearing walls is new construction.

'Adverse impacts.' Any modifications, alterations or effects on a feature

or characteristic of water of flood-prone lands including their quality,

quantity, hydrodynamics, surface area, species composition, living resources,

aesthetics or usefulness for human or natural uses which are or potentially

may be harmful or injurious to human health, welfare, safety or property, to

biological productivity, diversity, or stability or which unreasonably

interfere with the enjoyment of life or property, including outdoor

$gidkY through passages are deleted; underlined passages are added-

recreation. The term includes secondary and cumulative as well as direct

impacts.

'Breakaway walls.' Any type of walls, whether lattice, wood, plastic,

canvas or screen work, which are not part of the structural support of the

building and which are so designed as to break away, under abnormally high

tides or wave action, without damage to the structural integrity of the

building on which they are used or any buildings to which they might be

carried by floodwaters.

'Building.' Any structure having a roof supported by columns or walls.

The term includes gas or liquid storage tanks.

'Clearing.' The removal of trees and brush from the land. The term does

not include the ordinary mowing of grass.

'Construct.' To build, install enlarge replace or substantially restore a

structure, impervious surface or water management system.

"Detention.' The collection and temporary storage of surface water for

subsequent discharge.

'Developer.' Any person who engages in development, either as the owner

or as the agent of an owner of property.

'Development or development activity.' Construction, clearing filling,

excavating, grading, dredging, mining, paving, permanent storage of materials

or otherwise significantly disturbing the soil of a site.

"Elevated building" means a nonbasement building built to have the lowest

floor elevated above the ground level by means of fill, solid foundation

perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway

walls.

$gtdf!Y through passages are deleted ; underlined passages are added

'Elevation.' Height in feet above mean sea level referenced to the

National Geodetic Vertical Datum (NGVD).

'EKos~o~.' Wearing or washing away of soil by the action of wind or water.

'Existing manufactured home (mobile home) park or subdivision' means a

manufactured home park or subdivision for which the construction of facilities

for servicing the lots on which the manufactured homes (mobile home) are to be

affixed (including, at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of

concrete pads) is completed before the effective date of the floodplain

management requlations adopted June 6, 1981)

"Expansion to an existing manufactured home (mobile home) park or

subdivision' means the preparation of additional sites by the construction of

facilities for servicing the lots on which the manufactured homes (mobile

home) are to be affixed (including the installation of utilities, the

construction of streets, and either final site grading or the pouring of

concrete pads).

'Flood or Flooding.' Inundation of land by the overflow of a watercourse

or water body, the accumulation of runoff, or the rise of groundwater.

'Flood insurance rate map (FIRM)." An official map of a community, on

which the Federal Insurance Administration has delineated both the flood

hazard zones and the risk premium zones applicable to the community.

'Flood insurance study.' The official report provided by the Federal

Insurance Administration. The report contains flood profiles, as well as the

flood hazard boundary4 loodway map and the water surface elevation of the

regulatory flood.

SgldtY through passages are deleted; underlined passages are added.

'Floodway.' The normal channel of a watercourse and the adjacent land

areas tha t m u s t remain unobstructed t o convey the regulatory flood discharge

without ra is ing flood elevations above specified l eve l s as determined i n

section 14-8. For the purposes of t h i s chapter, floodway s h a l l include the

area designated by the Federal Emergency Management Agency a s such, on the

floodway map for Martin County dated January 5, 1984.

'Functionally dependent use" means a use which cannot perform i ts intended

purpose unless it is located or carr ied out i n close proximity t o water. The

term includes only docking f a c i l i t i e s , port f a c i l i t i e s tha t a re necessary for

the loading and unloading of cargo or passengers, and ship building and ship

repair f a c i l i t i e s , b u t does not include long-term storage or re la ted

manufacturing f a c i l i t i e s .

"Historic Structure" means any s t ruc ture t ha t is:

( a ) Listed individually i n the National Register of Historic Places ( a -

l i s t i n g maintained by the Department of I n t e r i o r ) or pre l iminar i ly

determined by the Secretary of the In te r io r a s meeting the

requirements for individual l i s t i n g on the National Register;

( b ) Cert if ied or pre l iminar i ly determined by the Secretary of the - In te r io r a s contributing t o the h i s t o r i ca l significance of a

reqistered h i s t o r i c d i s t r i c t or a d i s t r i c t preliminari ly

determined by the Secretary t o qual i fy as a registered h i s t o r i c

d i s t r i c t :

( c ) Individually l i s t e d on a s t a t e inventory of h i s t o r i c places i n - s t a t e s w i t h h i s t o r i c preservation programs which have been

approved by the Secretary of the In t e r i o r ; or

(d l Individually l i s t e d on a local inventory of h i s t o r i c places i n - communities w i t h h i s t o r i c preservation programs tha t have been

c e r t i f i e d e i t he r ;

(1) By an approved s t a t e program a s determined by the Secretary - of t he In te r io r or

$g#@kY through passages are deleted; underlined passages a re added.

(2) Directly by the Secretary of the Interior in states without - approved programs.

'Impervious surface.' A surface which has been compacted or covered with

a layer of material so that it is highly resistant to infiltration by water.

It includes surfaces such as compacted sand, lime rock, or clay, as well as

most conventionally surfaced streets, roofs, sidewalks, parking lots and other

similar structures.

'Lot'. A parcel of land created by the subdivision of a larger parcel.

'Lowest floor.' The top surface of the lowest area within the inside

perimeter of the exterior walls of a building. For slab-on-grade type

buildings or buildings with basements, the top surface of the slab or basement

floor would constitute the lowest floor. For footing, foundation walls, or

pile-type buildings with crawl spaces under the building without basements,

the top surface of the finished flooring above the horizontal joist, beam or

other supporting member would constitute the lowest floor.

'Mangrove stand.' An assemblage of one or more of the following species:

black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white

mangrove (Languncularia racemose); and buttonwood (Conocarpus erecta).

'Manufactured home' (mobile home) means a structure, transportable in one

(1) or more sections, which is built on a permanent chassis and is designed

for use with or without a permanent foundation when connected to the required

utilities. For floodplain management purposes, the term 'manufactured home'

(mobile home) also includes park trailers, travel trailers and other similar

vehicles placed on a site for greater that one hundred eighty (180)

consecutive days. For insurance purposes, the term 'manufactured home'

(mobile home) does not include park trailers, travel trailers and other

similar vehicles. The term 'manufactured home' (mobile home) does not include

a *recreational vehicle*. For the purposes of this ordinance 'Mobile Home'

shall mean the same as manufactured Home.

$b!td&K through passages are deleted: underlined passages are added.

'Manufactured home (mobile home) park or subdivision' means a parcel (or

contiguous parcels) of land divided into two (2) or more manufactured home

(mobile home) lots for rent or sale.

'Mean sea level.' The average height of the sea for all stages of the

tide based on the National Geodetic Vertical Datum of 1929.

'New construction' means for the purposes of determining insurance rates,

structures for which the 'start of construction' commenced on or after June 6,

1981 and includes any subsequent improvements to such structures. For

floodplain management purposes, 'new construction' means structures for which

the 'start of construction' commenced on or after June 6, 1981.

'New manufactured home park (Mobile Home) or subdivision' means a

manufactured home park or subdivision for which the construction of facilities

for servicinq the lots on which the manufactured homes (Mobile Home) are to be

affixed (including at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of

concrete pads) is completed on or after June 6, 1981.

'Owner.' The person in whom is vested the fee ownership, dominion, or

title of property, i-e., the proprietor. This term may also include a tenant,

if chargeable under his lease for the maintenance of the property, and any

agent of the owner or tenant including a developer.

'Person.' Any and all persons, natural or artificial, including any

individual, firm, corporation, government agency, business trust, estate,

bgfddx through passages are deleted under lined passages are added*

trust, partnership, association, two ( 2 ) or more persons having a joint or

common interest, or any other legal entity.

.Predevelopment condition: Those conditions which existed before

alteration of the topography, vegetation and rate, volume, quality or

direction of surface or groundwater flow by the development for which an

application is being submitted.

.Receiving bodies of water.' Any water bodies, watercourses or wetlands

into which surface waters flow either naturally, in manmade ditches, or in a

closed conduit system.

.Recreational vehicle. means a vehicle which is:

(a) built on a single chassis; - (b) 400 square feet or less when measured at the largest horizontal -

projection;

(c) designed to be self-propelled or permanently towable by a light - duty truck: and

(dl designed primarily not for use aa a permanent dwelling but as - temporary living quarters for recreational, camping, travel, or

seasonal use.

.Regulatory flood.. The hundred-year flood, i.e., the flood that has a

one (1) per cent probability of being equaled or exceeded in any given year.

.Retention.. The collection and storage of runoff for disposal by

percolation or evaporation.

.Sand dunes.. Naturally occurring accumulations of sand in ridges or

mounds landward of the beach.

.Sediment.. Fine particulate material, whether mineral or organic that is

in suspension or has settled in a water body.

g g f u # through passages are deleted; underlined passages are added-

'Sedimentation facility.' Any structure or area which is designed to hold

runoff water until suspended sediments have settled.

'Site.' Any tract, lot or parcel of land, or combination thereof, where

development is to be performed as part of a unit, subdivision, or project.

'Start of construction.' (for other than new construction or substantial

improvements under Coastal Barrier Resources Act (Pub. L. 97-34811, includes

substantial improvement, and means the date the building permit was issued,

provided the actual start of construction, repair, reconstruction,

rehabilitation, addition, placement or other improvement was within one

hundred eighty (1801 days of the permit date. The actual start means either

the first placement of permanent structure on a site, such as the pouring of

slab or footings, the installation of piles, the construction of columns, or

any work beyond the stage of excavationr or the placement of a manufactured

home on a foundation. Permanent construction does not include land

preparation, such as clearing, grading and filling; nor does it include

excavation for a basement, footings, piers or foundations or the erection of

temporary formsr nor does it include the installation on the property of

accessory buildings, such as garages or sheds not occupied as dwelling units

or not part of the main structure. For a substantial improvement, the actual

start of construction means the firet alteration of any wall, ceiling, floor,

or other structural part of a building, whether or not that alteration affects

the external dimensions of the building.

'Subdivide.' The platting of real property into three (3) or more lots,

parcels, tracts, tiers, blocks, sites, units, or any other division of land,

and includes establishment of new streets and alleys, additions and

resubdivisions and, when appropriate to the context relates to the process of

subdividing or to the lands or area subdivided.

$gJd$!Y through passages are deleted; underlined passages are added-

'Substantial damage' means damage of any origin sustained by a structure

whereby the cost of restorins the structure to its before damaged condition

would equal or exceed 50 percent of the market value of the structure before

the damage occurred.

'Substantial improvement' means any reconstruction, rehabilitation,

addition, or other improvement of a structure, the cost of which equals or

exceeds 50 percent of the market value of the structure before the 'start of

construction' of the improvement. This term includes structures which have

incurred 'substantial damagem, regardless of the actual repair work

performed. The term does not, however, include either;

(1) Any project for improvement of a structure to correct existing - violations of state or local health, sanitary, or safety code

specifications which have been identified by the local code

enforcement official and which are the minimum necessary to assure

safe living conditions or

( 2 ) Any alteration of a 'historic structure', provided that the - alteration will not preclude the structure's continued designation

as a 'historic structurew.

$g#d&Y through passages are deleted; under lined passages are added

I Z J tMlS/gdtd/dBdS/dBg//MB9d Jdt4/ld&% Jdd/di!r!Mdti

'Waters.' Any and all water, on or beneath the surface of the ground,

including the water in any watercourse, water body or water management system,

diffused surface water, water percolating, standing or flowing beneath the

surface of the ground and coastal waters.

'Water management facility.' A component of a water management system.

'Water management system.' A system of natural or artificial water

bodies, watercourses, or wetlands which store or convey water.

'Watercourse.' Any natural or artificial channel, ditch, canal, stream,

river, creek, waterway or wetland through which water flows in a definite

direction, either continuously or intermittently, and which has a definite

pattern of flow.

'Water body.' Any natural or artificial pond, lake, reservoir or other

area which ordinarily or intermittently contains water and which has a

discernible shoreline.

'Watershed.' A drainage area or drainage basin contributing to the flow

of water in a receiving body of water.

W t Y Y through passages are deleted; underlined passages are added.

-Wetland.- Land that is inundated or saturated by surface or groundwater

at a frequency and duration sufficient to support, and that under normal

circumstances does support, a prevalence of vegetation typically adapted for

life in saturated soil conditions. The soils listed below shall be used as

guides in determining wetland areas.

Type of Wetland Area Associated Soil Types

(1) Forested saltwater 30, 40, 50, 67, 79

(2) Nonforested freshwater

(3) Forested and mixed forested freshwater

Source: Soil Survey of Martin County Area (Florida, Martin Soil and Water Conservation District, U.S. Soil Conservation Service, et.al., 1981, Florida Division of Forestry, 1981.

Sec. 14-4 Remains the same

Section 14-5 Remains the same

ARTICLE 111. FLOOD HANAGEMENT REVIEW

Sec. 14-6. Remains the same

Sec. 14-7 Remains the same

ARTICLE IV. IDENTIFICATION OF F W D PROTECTION

ELEVATIONS8 FLOOD HAZARD ZONES,

CRITICAL FLOOD ZONES AND SHORELINE

PROTECTION ZONES

Sec. 14-8 Remains the same

1 2

$gE'J$!Y through passages are deleted; underlined passages are added.

ARTICLE V. STANDARDS FOR REVIEW OF DEVELOPMENT

Sec. 14-9 Remains the same

Sec. 14-10. Specific standards.

In all flood hazard zones and coastal high hazard zones, including those

zones designated as A1 through A30, AH and V1 through V30 on the FIRM, where

regulatory flood elevation data has been provided as set forth in section 14-4

or section 14-3, the following provisions, in addition to the requirements of

section 14-9, shall be met:

(1) In areas designated A1 through A30, AH and V1 through V30 on the

FIRM, no building permit for a structure (including manufactured

homes) shall be issued unless the plans show the elevation of the

lowest floor of the structure in relation to mean sea level.

(a) A mean sea level datum benchmark will be located on each

proposed site and will remain until a certificate of occupancy

has been issued.

(b) Upon the building permit holder's completion of the lowest

floor of any residential structure, the permit holder shall

obtain a written certification from either a registered

professional engineer or registered professional land surveyor

evidenced by his signature and seal certifying that the first

floor meets or exceeds the flood protection elevation indicated

on the FIRM or as specified in section 33(72)(5)(1) of the

Martin County Code prior to the next scheduled inspection. No

further building inspections shall be made and no certificate

of occupancy shall be issued prior to compliance with this

provision.

$$lddY through passages are deleted; underlined paseages are added.

(c) NO certificate of occupancy shall be issued for any structure

until the applicant furnishes the county engineer with a

certificate by:

1. A registered engineer or registered land surveyor that the

lowest floor of the structure meets or exceeds the flood

protection elevation of the FIRM; or,

2. In the case of nonresidential construction, a registered

professional engineer certifying that the following

standards have been met: If the flood protection elevation

has not been met or exceeded, the lowest floor, together

with the attendant utility and sanitary facilities, shall

be floodproofed so that below the base flood elevation the

structure is watertight with walls substantially impermeable

to the passage of water and with structural components

having the capability of resisting hydrostatic and

hydrodynamic loads and the effects of buoyancy.

(dl If any lot in a residential subdivision lies within a flood

hazard zone, then the following standards apply to approval of

the plat:

1. Each lot must include a site suitable for constructing a

residential building in conformity with the standards of

this chapter.

2. One (1) or more permanent benchmarks must be established and

indicated on the plat.

( 2 ) Coastal high hazard areas:

(a) Coastal high hazard areas including those zones designated as V

Zones on the FIRM have special flood hazards associated with

high velocity waters from tidal surge and hurricane wave wash.

14

$gjd&K through passages are deleted; underlined passages are added.

The following addi t ional requirements s h a l l apply t o a l l a reas

seaward of the coas ta l construction control l i n e or w i t h i n the

V 1 through V30 Zones, whichever is most res t ruc t ive :

1. A regis tered professional engineer or regis tered

professional a rch i tec t s h a l l c e r t i f y t ha t a l l buildings or

s t ruc tu res s h a l l be elevated so t ha t the bottom of the

lowest horizontal supporting member is located no lower than

the minimum required by the f i n i s h f loor e levat ion a s

speci f ied i n sect ion 33-72 (J)(1) of the Martin County Code,

w i t h a l l space below the lowest supporting member open so a s

not t o impede the flow of water, except f o r breakaway walls

a s provided herein.

2. No f i l l s h a l l be used a s s t r uc tu r a l support.

3. A l l buildings and s t ruc tu res s h a l l be located landward of

the setbacks required i n sect ion 33-72(4) of the Martin

County Code.

4. The following property development standards s h a l l apply

t o planned un i t development d i s t r i c t s :

a. No buildings o r other s t r uc tu r e s s h a l l be located w i t h i n

twenty-five (25) f e e t westerly of the s t a t e coas ta l

construction control l ine , unless the board of county

commissioners determines t ha t c lose r placement w i l l not

mater ia l ly a f f ec t preservation of the dunes. (This

provision does not apply t o the narrow neck of land

between the Fletcher Beach S t r i p and S a i l f i s h Point) .

b. Buildings and s t ruc tu res s h a l l be s e t back a t l e a s t

f i f t y (50) f e e t from the es tabl ished l i n e of mean high

water, except t ha t t h i s requirement may be waived i f the

land involved exceeds s i x ( 6 ) f e e t above mean sea l eve l

i n elevation.

$gid@!Y through passages a r e deleted : under l ined passages a r e added

5. There shall be no alteration of sand dunes which would

increase potential flood damage or violate the requirements

of section 33-72 and 33-63 of the Martin County Code.

6. Breakaway walls shall be allowed below the elevations

specified in subsection (2)(a)l., above, provided they are

not part of the structural support of the building and are

designed so as to break away, under abnormally high tides

or wave action, without damage to the building on which

they are to be used or on other buildings. The following

design specifications must be met:

a. Allow floodwaters to rise and flow freely under the

structure.

b. Not cause the accumulation of waterborne debris.

c. Breakaway walls shall be designed to have a safe loading

resistance of not less than ten (10) and no more than

twenty (20) pounds per square foot. Stronger walls must

be certified by a registered professional engineer or

architect.

d. In no case shall enclosed space be utilized for living

purposes.

e. No solid walls shall be allowed.

f. Material shall consist of wood or mesh screening only.

7. It shall be a violation of this article to alter breakaway

walls in any manner after a certificate of occupancy has

been issued without a building permit and certification

that this article has been complied with.

8. The pilings or columns used as structural supports shall be

designed and anchored to withstand applied flood forces (as

referred to in the Shore Protection Manual published by the

U.S. Army Coastal Research Engineering Center) as well as

16

$g#dkY through passages are deleted t under lined passages are added

wind loads f#d/f&Pdffdd/fd/fd/f~d/~IddB/%dddfddkd/$fdd$

I#fdB/$dk&dYCf/I5//I9BB/#dB/#d/#dddBdB/dd/ddI$/5/

l9jiflYloutlined by s t a t e and local building codes. F i l l

sha l l not be used as s t ructural support. Compliance w i t h

these provisions m u s t be cer t i f ied t o by a Florida

professional engineer or architect.

9. Reserved.

10. Emergency generators m u s t be located above the flood

elevation specified i n subsection ( 2 ) ( a ) l . , above and a l l

fuel tanks for said generators m u s t be water proofed and

vented above the specified elevation.

11. Certification shal l be provided from a registered

professional architect or engineer that the structure is

securely anchored t o adequately anchored pilings or columns

i n order to withstand velocity waters and hurricane wave

wash.

12. Nothing i n t h i s section sha l l prevent stairways or

elevators.

( b ) For structures or substantial improvements as defined by t h i s

chapter which are located w i t h i n V Zones which are located on

the mainland of Martin County, a registered professional

engineer or registered professional architect sha l l ce r t i fy

that a l l buildings or structures sha l l be elevated so that the

bottom of the lowest horizontal s t ructural supporting member is

located no lower than the minimum flood elevation as specified

by the FIRM for the specific flood zone. A l l other

requirements of t h i s chapter shal l apply.

3 Development w i l l be allowed i n a c r i t i c a l flood zone only i f it is

demonstrated that:

$ffdkK through passages are deleted; underlined passages are added.

(a) The elevation or velocity of the regulatory flood will not be

increased as a result of any obstruction or displacement of

floodwaters.

(b) There is no significant threat of releasing harmful quantities

of pollutants to surface or groundwater during the regulatory

flood.

(c) The capacity of the critical flood zone to store, convey or

purify surface water, recharge groundwaters or perform other

significant water management functions will not be impaired.

( 4 ) Within the estuarine shoreline zone, the following standards shall

apply :

(a) No development shall be permitted, except to provide the

property owner reasonable access to the water. Such

development shall be restricted to accessways running

perpendicular to the shoreline and shall be no greater than

twelve (12) feet in width. For those properties that are

designated for marine waterfront commercial use on the

comprehensive plan future land use maps, and when such

properties are used for marine waterfront commercial purposes,

the water accessways running perpendicular to the shoreline

shall be no greater than thirty (30 ) feet in width.

(b) No structure other than docks (waterward of the mangrove line),

boat ramps and elevated walkways, limited to those necessary

for the personal use and enjoyment of the shoreline property

owner and county approved public utilities, shall be permitted

within the shoreline protection zone.

(c) Within the fifty ( 5 0 ) feet upland transition zone, no permits

shall be required for maintenance of existing uses or

maintenance of uses permitted by this section.

$h!td&Y through passages are deleted; underlined passages are added.

(5) Floodways: Located within flood hazard zones (A1 through A30, AH and

V1 through V30) are areas designated as floodways. Since the

floodway is an extremely hazardous area due to the velocity of

floodwaters which carry debris, potential projectiles and erosion

potential, the following provisions shall apply:

(a) All encroachments, including fill, new construction,

substantial improvements and other developments are prohibited

unless certification by a Florida registered professional

engineer is provided demonetrating that encroachments shall not

result in any increase in flood levels during occurrence of the

base flood discharge.

(b) The requirements of sections 14.9 and 14.10 shall be satisfied

as applicable and all new construction and substantial

improvements shall comply with all applicable flood hazard

reduction provisions of this chapter.

( c Reserved.

( 6 ) Electrical facilities: Electrical transformers and/or switching

vaults, pad-mounted transformere, pad-mounted switches and related

electrical facilities shall be permitted as independent structures

within or outside the projected perimeter of the building(a1 they are

intended to serve. Such electrical facilities are exempt from the

base flood elevation and floodproofing standards of this section,

provided the electrical facility will not adversely affect the

structural integrity of the building(8) they are intended to serve as

certified by a Florida registered professional engineer or

architect. All other provisions of this section shall apply to such

electrical facilities.

$ f idkY through passages are deleted; underlined passages are added.

Sec. 14-11. Standards for developments, site plan approvals,

utilities and manufactured homes.

(A) All development shall comply with the regulations promulgated by the

South Florida Water Management District and the standards for excavation and

filling activities set forth in this Code.

(B) All final development plats and final site plan approvals shall comply

with the drainage requirements of section 30 1/2-43(II) of the Martin County

Subdivision Regulations and the requirements of this chapter, except that

permits issued under section 33-71 shall require that lots under thirty

thousand (30,000) square feet need only require retention for the five-year

one-hour storm.

(C) In flood hazard zones and coastal high hazard zones, including those

zones designated as A1 through A30, AH and V1 through V30 on the FIRH, the

following added requirements shall be met:

(1) All final plats and plans shall clearly indicate the elevation above

mean sea level of the roads, the average finished elevation of the

lots or building sites, and the base flood elevation. In the event

that the base flood elevation determined by drainage calculations for

the project exceeds the base flood elevation on the FIRH, the higher

shall be used.

(2) Prior to final plat or plan approval, a permanent benchmark giving

the mean sea level elevation shall be installed in the development in

an accessible place.

(Dl Utilities:

(1) All new and replacement utilities supplying central water and sewer,

whether part of a development or site plan or under review pursuant

to Section 125.42, Florida Statutes, shall conform to the following

standards:

$$ld#!Y through passages are deleted; under lined passages are added.

( a ) A l l water supply systems shal l be designed t o eliminate inflow

of floodwaters i n the regulatory flood.

( b ) A l l sanitary sewer systems shal l be designed t o substantially

eliminate inflow of floodwaters into the system and discharge

from the system into floodwaters i n the regulatory flood.

( 2 ) On-site disposal systems (sept ic tanks) m u s t meet or exceed s t a t e

regulations. I n no case shal l the bottom of the drainfield be below

the ten-year storm elevation cert i f ied by the South Florida Water

Management Distr ic t , nor lower than two ( 2 ) fee t above the wet season

water table, whichever is higher. If these figures are not

available, the bottom of the drainfield sha l l be no lower than the

crown of the road. No permit for a sept ic tank sha l l be issued

unless the elevation of the b u i l d i n g i n relation t o the required

septic tank elevation is suff icient t o guarantee normal gravity flow

operation. Where f i l l above the natural grade is necessary t o reach

required drainfield elevations, the side slopes of the f i l l e d area

shal l not exceed one (1) foot vert ical t o four ( 4 ) fee t horizontal.

No b u i l d i n g permit sha l l be issued where f i l l w i l l result i n any

increase i n flood levels during the occurrence of the base flood

discharge.

(El Manufactured homes (mobile home) and recreational vehicles:

(1) The requirements of section 14-9 and section 14-10 sha l l be met.

( 2 ) For manufactured home (mobile home) parks and subdivisions and for

manufactured homes (mobile home) not placed i n a manufactured home

(mobile home) park or subdivision, it is required that:

$ZfddY through passages are deleted; underlined passages are added.

I I 6 Y M Adequate surface drainage and access for a hauler are provided;

and,

I # Y ~ In the instance of elevation on pilings:

1. Lots are large enough to permit steps;

2. Piling foundations are placed in stable soil no more than

ten (10) feet apart; and

3. Reinforcement is provided for pilings more that six ( 6 )

feet above the ground level.

IBY E I l / l d d d f dbgdf dd/MBP(Cd/IP(BYZ Id/MBP(dY /r!d/Yd/$Id$dd/$f

ddYdgddg Zd I If/ZP(t?f BJdB/$Zr!MZd/%Bddd/EI/~MtBd$M/~~~/E~/ddB/E~

ZMd I I /YC/d Id JdgCd/Bd/d/$dfP(ddddr!/f BddBdr!ZBd/dd$M/gMdg/gMd

IB$ddg/f IBBf /Bf /gHd/P(dddf d M d f dC/)rBP(d/IP(B)aZId/HdldY / l Z / d g / B f

dYBJd/gHd/Yddd/f lBBB/dIdJdr!ZBd/ddC/H/dd&df dIt /ddkMBfdB/gB/dd

dBddddgdlf/ddkMBf d B / f dddBdr!ZBd/dIfdr!dP(/Zd/d#$BfBdd&d/$ZgM/gM#

I f $JZCZBdZ//Bf /ddYdddr!Zdd/I1+ !JI!JYI

( c ) All manufactured homes (mobile home) that are placed or - substantially improved within Zones A1-30, AH, and AE on the

community's FIRM on sites:

1. outside of a manufactured home (mobile home) park or - subdivision,

2. in a new manufactured home (mobile home) park or - subdivision,

3. in an expansion to an existing manufactured home (mobile - home) park or subdivieion, or

4. in an existing manufactured home (mobile home) park or - subdivision on which a manufactured home (mobile home) has

incurred 'substantial damage' as the result of a flood,

must be elevated on a permanent foundation such that the

lowest floor of the manufactured home (mobile home) is

elevated to or above the base flood elevation and be

securely anchored to an adequately anchored foundation

system to resist floatation collapse and lateral movement

in accordance with subsection 14-9(9).

$r!l~6#Y through passages are deleted; underlined passages are added.

3 Manufactured homes (mobile home) to be placed or substantially -

improved on sites in an existing manufactured home (mobile home)park

or subdivision within Zones A-1-30, AH, and AE on the community's

FIRM that are not subject to the provisions of paragraph (E)(Z)(c) of

this section must be elevated so that either

(a) The lowest floor of the manufactured home (mobile home) is at - or above the base flood elevation, or

(b) The manufactured home (mobile home) chassis is supported by - reinforced piers or other foundation elements of at least

equivalent strength that are no less than 36 inches in height

above grade and is securely anchored to an adequately anchored

foundation system to resist floatation, collapse, and lateral

movement.

( 4 ) Recreational vehicles placed on sites within Zones A1-30, AH, and AE - on the community's FIRM must either

(a) Be on the site for fewer than 180 consecutive days, and - Be fully licensed and ready for highway use, or

(b) Meet the permit requirements of paragraph (El of this section - and the elevation and anchoring requirements for 'manufactured

homes' (mobile home) in paragraph (E)(3) of this section.

(c) A recreational vehicle is ready for highway use if it is on its - wheels or jackinq system, is attached to the site only by quick

disconnect type utilities and security devices, and has no

permanently attached additions.

$$id&Y through passages are deleted; underlined passages are added.

( 5 ) Manufactured homes (mobile home) placed or substantially improved - within Zones Vl-30, V, and VE on the community's FIRM on the

following sites:

(a) Outside of a manufactured home (mobile home) park or - subdivision,

(b) In a new manufactured home (mobile home) park or subdivision, - (c) In an expansion to an existing manufactured home (mobile home) -

park or subdivision,

(dl In an existing manufactured home (mobile home) park or - subdivision on which a manufactured home (mobile home) has

incurred *substantial damage' as the result of a flood,

must meet the standards of paragraph (E)(2)(c)(4) of this section.

Manufactured homes (mobile home) placed or substantially improved on

other sites in an existing manufactured home (mobile home) park or

subdivision within Zones Vl-30, V, and VE on the community's FIRM

must meet the requirements of paragraph (E)(3) of this section.

( 6 ) Recreational vehicles placed on sites within Zones V1-30, V, and VE - on the community's FIRM must either

(a) Be on the site for fewer than 180 consecutive days, and - be fully licensed and ready for highway use, or

(b) Meet the requirements in paragraph (E)(3) of this section. -

( 7 ) Residents of manufactured home (mobile home) parks or subdivisions - may obtain a copy of Martin County's plan for evacuating residents of

all manufactured home (mobile home) parks or subdivisions located

within flood prone areas from the Martin County Division of Community

Emergency Management Service.

ARTICLE VI. GUIDELINES FOR DESIGN

OF DEVELOPMENT

Section 14-12. Remains the same.

$g#16&K through passages are deleted; underlined passages are added.

ARTICLE VII. ADMINISTRATION

Sec. 14-13. Remains the same.

Sec. 14-14. Remains the same.

Sec. 14-15. Variances.

(a) The Martin County Board of County Commissioners may grant a variance

from the standards of this chapter if the following conditions are

sat is£ ied :

(1) The applicant demonstrates good and sufficient cause.

( 2 ) Failure to grant a variance would result in unnecessary and

special hardship because of conditions beyond the control of the

applicant.

( 3 ) Granting a variance will not result in an increase in the

elevation of the regulatory flood, additional threats to public

safety, extraordinary public expense, the creation of nuisances,

fraud or victimization of the public, or the creation of conflicts

with other local ordinances.

(b) The Martin County Board of County Commissioners may consider the

following factors in determining whether an applicant demonstrates

good and sufficient cause:

(1) The danger that materials may be swept onto other lands to the

injury of other.

25

$ftd&K through passages are deleted; underlined passages are added.

( 2 ) The danger to life and property due to flooding or erosion damage.

3 The susceptibility of the proposed facility and its contents to

flood damage and the effect of such damage on the individual owner.

( 4 ) The importance of the service provided by the proposed facility to

the community.

( 5 ) The necessity to the facility of a waterfront location, where

applicable.

( 6 ) The availability of alternate locations, not subject to flooding

or erosion damage, for the proposed use.

( 7 ) The compatibility of the proposed use with existing and

anticipated development.

( 8 ) The relationship of the proposed use to the comprehensive plan and

floodplain management program for that area.

( 9 ) The safety of access to the property in times of flood for

ordinary and emergency vehicles.

(10) The expected heights, velocity, duration, rate of use and sediment

transport of the floodwaters and the effects of wave action, if

applicable, expected at the site.

(11) 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.

26

$gld$!K through passages are deleted under lined passages are added

(c) Only the minimum variance necessary to afford relief or effectuate

the purpose of this chapter will be granted. Reasonable conditions

consistent with the purposes of this chapter may be imposed on any

variance.

(dl No variance will be granted allowing a development that would

increase flood damage on other property unless flowage easements have

been obtained from the owners of all affected property. Variances

shall not be issued within any designated floodway if any increase in

flood levels during the base flood discharge would result.

(el Any applicant to whom a variance is granted shall be given written

notice specifying the difference between the base flood elevation and

the elevation to which the structure is to be built and stating that

the cost of flood insurance will be commensurate with the increased

risk resulting from the reduced lowest floor elevation.

(f) Variances may be issued for the repair or rehabilitation of historic - structures upon a determination that the proposed repair or

rehabilitation will not preclude the structure's continued

designation as a historic structure and the variance is the minimum

necessary to preserve the historic character and design of the

structure.

(g) The county engineer shall maintain the records of all appeal actions

and report any variances to the Federal Insurance Administration upon

request.

$$fd&K through passages are deleted: underlined passages are added-

(h) Generally, variances may be issued for new construction and

substantial improvements to be erected on a lot of one half (1/2)

acre or less in size contiguous to and surrounded by lots with

existing structures constructed below the base flood elevation,

providing items (b)(l) through (bI(10) have been fully considered.

(i) Variances may be issued by Martin County for new construction and

substantial improvements and for other development necessary for the

conduct of a functionally dependent use provided that:

(1) The criteria of (a)(l) and (aI(3) of this section are met, and

(2) The structure or other development is protected by methods that

minimize ilood damages during the base flood and create no

additional threats to public safety.

Sec. 14-16 Remains the same.

Sec. 14-17 Remains the same.

Sec. 14-18 Remains the same.

PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida

Legislature applicable only to unincorporated areas of Martin County, County

ordinances and County resolutions, or parts thereof, in conflict with this

ordinance are hereby superseded by this ordinance to the extent of such

conflict.

PART THREE: SEVERABILITY. If any portion of this ordinance is for any

reason held or declared to be unconstitutional, inoperative or void, such

holding shall not affect the remaining portions of this ordinance. If this

ordinance or any provision thereof shall be held to be inapplicable to any

$gtddY through passages are deleted1 underlined passages are added.

person, property or circumstances, such holding shall not affect its

applicability to any other person, property or circumstances.

PART FOUR: APPLICABILITY OF ORDINANCE. This ordinance shall be

applicable through Martin County's jurisdiction except where in conflict with

a municipal ordinance to the extent of such conflict.

PART FIVE: FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is

directed forthwith to send a certified copy of this ordinance to the Bureau of

Administrative Code, Room 1802, Department of State, The Capitol, Tallahassee,

Florida 32399.

PART SIX: FILING WITH DEPARTMENT OF ENVIRONMENTAL REGULATION. In order

to comply with Section 373.023, FLORIDA STATUTES, the County Attorney shall

send a certified copy of this ordinance to the Bureau of Water Resources

Management, Department of Environmental Regulation, Twin Towers Office -

Building, 2600 Blair Stone Road, Tallahassee, Florida, 32301.

PART SEVEN: FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. The County

Attorney shall send by certified mail a certified copy of this ordinance to

Treasure Coast Region Planner/DRI Section, Department of Community Affairs,

2740 Centerview Drive, Tallahassee, Florida, 32399.

PART EIGHT: FILING WITH TREASURE COAST REGIONAL PLANNING COUNCIL. The

County Attorney shall send a certified copy of this ordinance to Treasure

Coast Regional Planning Council, Post Office Box 1529, Palm City, Florida

34990.

PART NINE: EFFECTIVE DATE. This ordinance shall take effect upon receipt

of official acknowledgment from the Office of Secretary of State that this

ordinance has been filed in that office.

PART TEN: PENALTIES. Violation of this ordinance is a misdemeanor

pursuant to Section 125.69, FLORIDA STATUTES, and is punishable under said

section by imprisonment for up to sixty (60) days, or a fine of up to $500.00,

or both such imprisonment and fine.

29

$$idkY through passages are deleted; underlined passages are added-

PART ELEVEN: CODIFICATION. Provisions of this ordinance shall be

incorporated in the County Code and the word 'ordinance' may be changed to

"section,. .articlem or other word, and the sections of this ordinance may be

renumbered or relettered to accomplish such intention; provided, however, that

Parts Two to Eleven shall not be codified.

DULY PASSEDANDADOPTEDTHIS 24th DAYOFAPRIL, 1990.

ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

/ h

WALTER W. TBOM, &.,- CHAIRMI@

APPROVED AS TO FORM AND CORRECTNESS:

COUNTY ATTORNEY

30

$k!#16$!Y through passages are deleted; underlined passages are added.

FLORIDA DEPARTMENT OF STATE Jim Smith

Secretary of State

DIVISION OF ELECTIONS Room 1802, The Capitol

Tallahassee, Florida 32399-0250 (904) 488-8427

May 4, 1990

Honorable Marsha Stiller Clerk of Circuit Court Martin County Courthouse post Office Box 9016 Stuart, Florida 34995-9016

Attention: Kathy Webster, Deputy Clerk

Dear Ms. Stiller:

Pursuant to the provisions of Section 125.66,' Florida Statutes, this will acknowledge receipt of a certified copy of Martin County Ordinance #377, relative to amending Ch. 14, Flood Damage Prevention; relating to definitions, etc., which we have numbered 90-9. This ordinance was filed in this office on May 4, 1990.

Sincerely,

&&J-J- Liz claw, Chief Bureau of Administrative Code

Enclosures (letters for 1378, 379, 380)

mH*PrlN COUNTY

"' ""ti-

BEFORE THE BOARD OF COUNTY COMMISSIONERS

MARTIN COUNTY, FLORIDA

NOTICE OF INTENT

NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF

MARTIN COUNTY, FLORIDA will consider adopting a County Ordinance regarding

Amendments to Chapter 14, (Flood Damage Prevention), at its regular meeting on

the 24th day of April, 1990, at 9:00 A.M., or as soon thereafter as the matter

may be heard, at the Martin County Administrative Center, 2401 S.E. Monterey

Road, Stuart, Florida. Matters affecting your personal and property rights

may be heard and acted upon. All interested persons are invited to attend and

be heard. Assistance for handicapped persons may be arranged by contacting

the County Administrator's office.

Copies of the proposed ordinance may be obtained from the County

Attorney's Office, Fourth Floor, Martin County Administrative Center, 2401

S.E. Monterey Road, Stuart, Florida. Amendments to the proposal may be made

by the Board of County Commissioners at the public hearing.

IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY

MATTER CONSIDERED AT THE MEETINGS OR HEARINGS OF ANY BOARD, COMMITTEE,

COMMISSION, AGENCY, COUNCIL OR ADVISORY GROUP, THAT PERSON WILL NEED A RECORD

OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM

RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD SHOULD INCLUDE THE TESTIMONY

AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

The title of the proposed ordinance is as follows:

AN ORDINANCE AMENDING CHAPTER 14, FLOOD DAMAGE PREVENTION, OF THE CODE OF LAWS

AND ORDINANCES OF MARTIN COUNTY, FLORIDA: PROVIDING FOR DEFINITIONS REGARDING

MANUFACTURED HOMES; PROVIDING FOR DEFINITIONS OF HISTORIC STRUCTURE, NEW

CONSTRUCTION AND RECREATIONAL VEHICLE; PROVIDING FOR DEFINITIONS FOR START OF

CONSTRUCTION, SUBSTANTIAL DAMAGE AND SUBSTANTIAL IMPROVEMENT; AMENDING THE

SECTIONS REGARDING MANUFACTURED HOMES IN ARTICLE V TO CONFORM WITH FEDERAL

EMERGENCY MANAGEMENT AGENCY RULE AMENDMENTS AND TO INCLUDE PROVISIONS FOR

RECREATIONAL VEHICLES; PROVIDING FOR VARIANCES FOR HISTORIC STRUCTURES;

PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;

APPLICABILITY; FILING WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE

TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING FOR AN EFFECTIVE DATE;

PENALTIES AND CODIFICATION.

T H I S NOTICE EXECUTED AND DATED T H I S 2 7 2 8 DAY OF MARCH, 1 9 9 0 .

ATTEST :

h j a d L ~ MARSHA S LLER, CLERK

BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

WALTER W e THOMI J R CHAIRMAN -&-,/7 APPROVED AS TO FORM AND CORRECTNESS:

NOREEN S. DREYER 1 COUNTY ATTORNEY

PUBLISH: STUART NEWS

DATE :

NOTE TO PUBLISHER:

Send b i l l i n g and A f f i d a v i t of P u b l i c a t i o n to: Martin C o u n t y C o m m i s s o n e r s A c c o u n t i n g D e p a r t m e n t P.0. BOX 9 0 1 6 S t u a r t , F l o r i d a 3 4 9 9 5