Ordinance 010-2012 ORDINANCE NO. 010-2012
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE CHAPTER 122 FLOODPLAIN
REGULATIONS, CLARIFYING AND DELETING
CERTAIN PROVISIONS; CREATING SECTION 122-7
FLOODPLAIN CERTIFICATE OF COMPLIANCE
PROGRAM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County (County) seeks to protect potential public and private loss due to
flooding; and
WHEREAS, it is the intent of the County to maintain eligibility in the National Flood Insurance
Program(NFIP); and
WHEREAS, to maintain eligibility and to protect the health, safety, and welfare of the citizens of
the County, no structure or manufactured home hereafter shall be located, extended, converted or
structurally altered without full compliance with the terms of this chapter in addition to other
applicable regulations of this chapter; and
WHEREAS, in addition to regulating new construction of structures, the County has three primary
floodplain compliance programs to assure illegal post-FIRM structures or illegal uses, constructed
below base flood elevation are remedied:
1. Pilot Inspection Program for continuance of flood insurance required
by FEMA
2. Inspection upon request for a building permit
3. Inspection upon sale; and
WHEREAS, these three programs were ratified in Resolution 152-2003 by the Monroe County
Board of County Commissioners (BOCC) dated April 16, 2003, as a remedial plan required by the
Federal Emergency Management Agency (FEMA) in order for Monroe County to remain in the
NFIP; and
WHEREAS, the remedial plan was implemented by ordinance and codified in the Monroe County
Code of Ordinances (MCC); and
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WHEREAS, Chapter 2011-82 Laws of Florida, effective July 1, 2012, prohibits any County from
requiring an inspection of other areas which are not the subject of a building permit, which prevents
inspection by the County of downstairs enclosures upon application for a building permit if the work
does not affect the downstairs enclosure; and
WHEREAS, MCC Sec. 6-107, adopted as part of the remedial plan, provides for inspections of
downstairs enclosures if a building permit was requested ("inspection upon permit") for any part of a
structure and provided for Code Enforcement action if violations of the floodplain regulations were
found; and
WHEREAS,this process will not be available to the County as of July 1, 2012; and
WHEREAS, County communicated to FEMA upon adoption of Chapter 2011-82 Laws of Florida,
whereby FEMA requested the County create a "replacement program" to assure illegal structures
and illegal uses below base flood are made compliant; and
WHEREAS, the County finds that it is in the interest of the public safety, health and welfare that
the County remain in the National Flood Insurance Program to protect the property of the County's
citizens, infrastructure, and financing of construction and sales of real property; and
WHEREAS, a new Certificate of Compliance Program was proposed to FEMA, in writing as
demonstrated in "Exhibit A" and FEMA concurred with the creation of a Certificate of Compliance
Program in writing as demonstrated in "Exhibit B" and County adopted Resolution 440-2011
"Exhibit C" which FEMA has indicated is acceptable as an alternative to "inspection upon permit"
in the existing MCC provisions; and
WHEREAS, further minor amendments to the Floodplain regulations are being proposed to clarify,
refine, or update the regulations as follows:
1. New definitions of illegal structures and uses
2. New definition of non-conforming structures
3. Refined definition of limited storage
4. Refined definition of market value
5. Refined definition of substantial damage
6. Refined definition of substantial improvement
7. Clarification of date County implemented maximum size of downstairs enclosure to be 299
square feet(4/12/04)
8. Clarified how vented garage doors work
9. Clarified accessory structure storage items and eliminated value of accessory structure.
10. Clarified variance procedures
11. Clarified purpose,process, and penalty for inspection of residential structure upon real estate
"saleby:
a. Requiring any illegal structures, uses, or improvement to be revealed prior to a new buyer
taking title;
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b. Clarifying when inspection is due and that the sole purpose (based on Resolution 440-
2011) of the inspection is to provide information for recording and monitoring improvements
to downstairs enclosures subject to the county floodplain ordinance;
c. Clarifying seller only will be prosecuted for not obtaining an inspection to disclose illegal
or nonconforming conditions associated with the NFIP, a federal program;
d. Eliminating holding up a building permit, waiting on an inspection of an enclosure
(HB407); and
WHEREAS, further amendments were requested by FEMA which were presented to the Board of
County Commissioners; and
WHEREAS, a public hearing was held by the Planning Commission,which recommended approval
on March 28, 2012:
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Chapter 122—Floodplain Management of the Monroe County Code is amended as
follows:
Sec. 122-1.—Purpose and intent.
(a)It is the purpose of the floodplain management provisions to,promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in specific areas
by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, or which results in increase in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities that serve such uses,be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers that are involved in the accommodation of floodwaters;
(4) Control fillings, grading, dredging and other development that may increase erosion of
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands;
(6) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
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(7) To minimize prolonged business interruptions;
(8) To minimize damage to public facilities and utilities such as water and gas mains, electric
telephone and sewer lines, and streets and bridges located in floodplains;
(9) To help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such manner as to minimize future flood blight areas; and
(10) To ensure that potential home buyers are notified that the property is in a floodplain area.
(b) The Board of County Commissioners deems it in the best interest of its citizens that prudent
measures be taken to minimize the potential public and private loss due to flooding. It is the
intent of the Board of County Commissioners that the county at all times be eligible for, and
receive, the benefit of participation in the National Flood Insurance Program. It is therefore the
intent of the board that the provisions of the chapter be strictly adhered to in all areas of special
flood hazard within the jurisdiction of the unincorporated areas of the county.
Sec, 122-2.—General provisions.
(a) Applicability. Except as provided for the elevated portion of a nonconforming residential
structure by section 122-4(a) (10), no structure or manufactured home hereafter shall be located,
extended, converted or structurally altered without full compliance with the terms of this chapter in
addition to other applicable regulations of this chapter.
(b) Adoption of maps. The areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in its October 17, 1989 Flood Insurance Study and Wave Height
Analysis for Monroe County, Florida, Unincorporated Areas, as amended February 18, 2005 with
the most current official maps approved by FEMA, with accompanying supporting data, and any
revisions thereof, are adopted by reference and declared to be a part of this chapter, and shall be kept
on file, available to the public, in the offices of the county Building Department. Letter of Map
Amendments, Letter of Map Revisions, Letter of Map Revision Based on Fill, and Conditional
Letter of Map Revisions approved by FEMA are acceptable for implementation of this regulation.
(c) Rules for interpreting flood hazard issues. The boundaries of the flood hazard areas shown on
the official flood insurance rate maps may be determined by scaling distances. Required
interpretations of those maps for precise locations of such boundaries shall be made by the
floodplain administrator, in consultation with the building official. In interpreting other provisions of
this chapter, the building official shall be guided by the current edition of FEMA's 44 CFR, and
FEMA's interpretive letters, policy statements and technical bulletins as adopted by resolution from
time to time by the Board of County Commissioners . Additionally, the building official shall also
obtain, review and reasonably use any base flood elevation and floodway data available from a
federal, state or other .source, as criteria for requiring that new construction, substantial
improvements, and other developments meet the criteria required in the appropriate flood zone.
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Sec. 122-3.—Permit requirements.
(a) The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Alteration means any change or modification in construction type, materials, or occupancy.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year.
Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
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, excavation
or drilling operations or storage of equipment of materials.
Elevated building means a nonbasement building that has its lowest elevated floor raised above
ground level by foundation walls, shear walls,posts,piers,pilings, or columns.
Enclosure means that portion of an elevated building below the lowest elevated floor that is either
partially or fully shut in by rigid walls and used solely for limited storage, parking or entryways.
Enclosures shall not be constructed, equipped or used for habitational purposes.
Existing construction means structures for which the start of construction commenced before the
effective.date of the floodplain management regulations adopted by the community January 1,
1974. Existing construction is also known as pre-FIRM structures. These regulations adopted by the
county January.1, 1974 are.based on the original maps published by the Federal government June
15, 1973.
Existing manufactured home park means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots, the construction of the streets, and either final site
grading or the pouring of concrete pads is completed before the effective date of the floodplain
management regulations adopted by the community January 1, 1975, and in which, at the time of
application, there are no site built residences or the park or subdivision is limited to manufactured
home by this chapter.
Finishing materials means anything beyond basic wall construction' pursuant to the most recent
FEMA Technical Bulletin, which is normally associated with habitable.space. Finishing materials
include, but are not limited to, ceiling mold, trim, baseboards, decorative finish work, wainscoting,
and textured woods.
Historic Structure means any structure that is:
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(a) 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 as meeting the
requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a County inventory of historic places in communities with historic
preservation programs that have been certified either:
(1)By an approved state program as determined by the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior in states without approved programs.
Illegal Structure or Use means a structure or use that is not a legal structure or legal use as defined in
this chapter.
Legal Structure means a structure that was permitted by the floodplain regulation in effect at the
time construction commenced on the structure in its current configuration and received a permit or
final inspection or certificate of occupancy for the structure in its current configuration.
Legal Use means a use that was permitted by the floodplain regulations at the time the use
commenced on the property.
Limited storage that which is incidental and accessory to the principal use of the structure. For
example, if the structure is a residence, storage should be limited to items such as lawn and garden
equipment, tires, and other low damage items which will not suffer flood damage or can be
conveniently moved to the elevated part of the building. Flood insurance coverage for enclosures
below the Base Flood Elevation(BFE) is very limited.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of this chapter.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when connected
to the required utilities. The term also includes park trailer, travel trailers, and similar transportable
structures placed on a site for 180 consecutive days or longer and intended to be improved property.
Market value means the county property appraiser's value of the structure plus 20-percent. A
uniform appraisal report for determination of market value submitted by the applicant may be used
if the county building official considers such appraisal consistent with local construction costs.
Where appraisal is not accepted because it appears to be inconsistent with local construction costs
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an applicant may request review by an independent third party appraiser duly authorized by the
county. The cost of independent review shall be borne by the applicant. The reviewing appraiser
shall determine if the appraisal value reasonably reflects an appropriate value of the structure. The
independent appraiser's determination shall be in writing. Professionals preparing appraisal shall be
required to possess certifications as state certified residential appraisers for appraising one to four
family residential properties and state certified general appraisers for all other properties including
commercial and multi-residential.
New construction means those structures for which the start of construction commenced on or after
the effective date of the floodplain management regulation adopted by the community that is
January 1, 1975. New construction is also known as post-FIRM structures. These regulations
adopted by the county January 1, 1974 are based on the original maps published by the Federal
government June 15, 1973.
Nonconforming structure means a below base flood elevation structure or a portion thereof, which
iwas lawfully existing or permitted, and is not fully compliant with the terms of this chapter. A
nonconforming structure shall remain subject to the terms of this chapter.
Nonconforming structure means a structure for which the lowest floor is located below base flood
elevation, which was lawfully existing or permitted and is not fully compliant with the terms of this
chapter. A nonconforming structure shall remain subject to the provisions of this chapter.
Pure manufactured home park means a manufactured home park that at the time of application has
no site-built residences or a park or subdivision which is limited to manufactured homes only by
this chapter.
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.
Start of construction means (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act) the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. For substantial improvements the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building whether or
not the alteration affects the external dimensions of the building.
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Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. All structures that are determined to be
substantially damaged are automatically considered to be substantial improvements, regardless of the
actual repair work performed. If the cost necessary to fully repair the structure to its before damage
condition is equal to or greater than 50% of the structure's market value before damages, then the
structure must be elevated (or flood proofed if it is non-residential) to or above the Base Flood
Elevation (BFE), and meet other applicable NFIP requirements. Items that should not be counted
toward the cost to repair include plans, specifications, survey costs, permit fees, and other items
which are separate from or incidental to the repair. Items that should not be counted also includes
demolition or emergency repairs and improvements to items outside the building, such as the
driveway, septic systems, wells, fencing, landscaping and detached structures.
The cost of repairs required to remedy health, safety, and sanitary code deficiencies can be deducted
from the overall cost of an improvement, but only if:
1. an appropriate regulatory official such as a building official, fire marshal, or health officer was
informed about and knows the extent of the code related deficiencies, and
2. the deficiency was in existence prior to the damage event or improvement and will not be
triggered solely by the fact that the structure is being improved or repaired.
In addition, for any repair required to meet health, sanitary, and safety codes, only the minimum
necessary to assure safe living conditions should be deducted, including those improvements
required by Chapter 11, 2012 Florida Accessibility Code. Costs of repairs that are in excess of the
minimum necessary for continued occupancy or use will be counted toward the cost of the overall
improvement.
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 damage, "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 building official and
which are the minimum necessary to assure safe living conditions or
2. Any alterations of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Floodplain management requirements for new construction apply to substantial improvements.
Supplemental Information for Substantial Improvement
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The basic types of improvements are rehabilitations or reconstructions that do not increase square
footage, and lateral or vertical additions that do increase square footage.
Rehabilitation or reconstruction would be a partial or complete "gutting" and replacement of
internal workings and may or may not include structural changes. If this action is substantial, i.e.,
over 50 percent of the structure's market value, it is considered new construction, and the entire
building must be elevated to or above the Base Flood Elevation (BFE) (or floodproofed if the
building is non-residential).
For a lateral addition, if the substantial improvement is to add a room or rooms outside the footprint
of the existing building, only the addition is required to be elevated to or above the BFE, i.e.; the
existing building does not have to be elevated. Vertical additions would require that the entire
structure be elevated to or above the BFE. Even though the improvement itself is entirely above the
BFE, it is dependent on the walls and foundation of the existing building for structural support.
(b) Except for work specifically exempted under chapter 6, the building official shall require
building permits for all proposed construction or other improvements within areas of special flood
hazard. In addition to the standard requirements for a building permit, an application for a building
permit for construction or improvements within areas of special flood hazard shall contain the
information and certifications set forth in a form provided by the Building Official.
(c) All building foundations shall rest directly on natural rock, on concrete piling driven to rock or
on friction piling (concrete or wood) and shall be anchored to such rock support by holes, 16 inches
in minimum diameter, augured into such rock a minimum depth of three feet and reinforced by a
minimum of four #5 vertical rods extending up into the piers above a minimum of 18 inches and
tied to the vertical steel of the pier. Wooden pilings shall be locked into 16-inch auger foundations
by at least a#5 rebar extending through the piling and three to five inches beyond.
(d) The permit holder shall provide a floor elevation after the lowest floor is completed or, in
instances where the structure is subject to the regulations applicable to coastal high-hazard areas,
after placement of the lowest horizontal structural members of the lowest floor. Floodproofing
certification for nonresidential structures in A-Zones=shall be provided prior to a certificate of
occupancy or prior to final inspection.
(e) Within 21 calendar days of establishment of the lowest floor elevation, or upon placement of
the lowest horizontal structural members of the lowest floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the building official a certification of the elevation of the
lowest floor within A zones or the lowest portion of the lowest horizontal structural members of the
lowest floor within V zones, whichever is applicable, as built in relation to mean sea level. Such
certification shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by the same. When floodproofing is used for a building within A
zones, the certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within the 21-day period and prior to
submission of the certification shall be at the permit holder's risk. The building official shall review
the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further progressive work being permitted to proceed.
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•
Failure to submit the survey or failure,to make the corrections required hereby shall be causes to
issue a stop-work order for the project.
(f) The degree of flood protection required in this chapter is reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes. This chapter does not •
imply that land outside the areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of the
county or any officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
Sec. 122-4. - Standards for issuance of building permits in areas of special flood hazard.
(a) Generally. No building permit for proposed construction or development activity within an
area of special flood hazard shall be granted, by the Building Official or the Floodplain
Administrator, unless the proposed new construction is in compliance with the standards set forth
in this chapter. In all areas of special flood hazard, the following standards apply:
(1) All new construction and substantial improvements shall be adequately anchored
by pilings or columns to prevent flotation, collapse and lateral movement of the
structure.
(2) All applications deemed substantial or nonsubstantial must be approved by the
floodplain administrator, or the building official/director.
(3) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(4) All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(5) All new or replacement water supply systems shall be designed and constructed by
methods and practices that minimize flood damage.
(6) All new or replacement sanitary sewage systems shall be designed and constructed
to minimize or eliminate infiltration of floodwaters into the system and discharge
from the system into floodwaters. Joints between sewer drain components shall be
sealed with caulking, plastic or rubber gaskets, and all manhole covers shall be
sealed in a similar manner.
(7) On-site waste disposal systems shall be located and constructed to minimize or
eliminate'damage to them and contamination from them during flooding.
(8) Any alteration, repair, reconstruction or improvement to a structure that already is
in compliance with the provisions of this chapter shall meet the requirements of
new construction as contained in this chapter.
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(9) Illegal or nonconforming uses, structures, and construction below elevated post-
FIRM buildings shall not be expanded or improved or repaired from damages of
any origin and no building permit shall be issued for any improvements to below
base flood enclosures, other than for demolition or a permit to remedy a life
safety hazard, unless the structure is brought into compliance with this chapter.
(10) The elevated portion of any nonconforming structure may be extended, expanded, or
structurally altered upon meeting the following conditions:
a. If the structure is located within an A or V zone, and the improvement is not
substantial as defined in this Chapter.
b. If the structure is located within a V-zone, prior to the issuance of a building
permit, the permit applicant shall submit a professional engineer's or registered
architect's sealed certification that the improvements to the nonconforming
structure do not subject the elevated portion of the structure to increased flood risk
or structural damage.
(11) No manmade alteration of sand dunes, dune ridge, mangrove stands or wetlands
shall be allowed which would increase potential flood damage.
(12) All new construction shall be located landward of the reach of mean high tides.
(13) All agreements for deed,purchase agreements, leases, or other contracts for sale or
exchange of lots within areas of special flood hazard shall carry the following
flood hazard warning prominently displayed on the document:
FLOOD HAZARD WARNING
This property may be subject to flooding. You
should contact the county growth management
division and obtain the latest information regarding
flood elevations and restrictions on development
before making use of this property.
(b)Additional standards. In all areas of special flood hazard where base flood elevation data
has been provided the following provisions are required:
(1)Residential construction.
a.New construction and substantial improvement of any residential structure shall have
the lowest floor for zones A1-30, AE and AH or bottom of the lowest supporting
member of the lowest floor for zones V1-30, VE or V elevated at or above the base
flood elevation level.
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b. Electrical and mechanical equipment servicing an elevated structure must be elevated
at or above the required base flood elevation. Elevators may be placed below the base
flood elevation, if the mechanical and electrical equipment serving the elevator is
designed, certified and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
c. Sewer and storm drainage systems, which extend below the base flood elevation, shall
be provided with automatic backflow prevention valves or devices installed at the point
where the line passes an exterior wall or slab.
d. Except as noted in subsection (b)(7) of this section, the space below the lowest floor
of an elevated structure shall be used exclusively for parking of vehicles, elevators,
limited storage or building access purposes. Such spaces may be enclosed under the
following conditions:
1. Only a maximum of 299 square feet of the space shall be enclosed with
opaque materials. Any remaining portion of an enclosed area of more than
299 square feet shall only be enclosed with screen or open lattice. This
limitation shall not apply to parking of aircraft beneath residential buildings
abutting airport districts. Nonconforming areas of 300 square feet or more,
enclosed with opaque materials, existing on April 12, 2004, the effective date
of the ordinance from which this section is derived shall be deemed
conforming as to the provisions of this subsection 122-4 (b)(1)d.1.; however,
such enclosures shall not be expanded or substantially improved unless they
are brought into compliance with this chapter.
2. The walls of any enclosed area below the base flood elevation in zones AE,
on the community FIRM shall be provided with openings such as vents,
louvers or automatic valves which permit the level of floodwaters within the
enclosed area to match the rising and falling of floodwaters on the outside of
the structure. A minimum of two openings located on separate walls shall be
provided having a minimum total net area of one square inch for each square
foot of enclosed area, where the enclosed area is calculated by outside
dimensions. A vented garage door may be used in lieu of venting one wall
opening. Openings shall be situated such that the bottom of each opening is no
higher than one foot above finished grade.
3. Interior walls, ceilings and floor, below base flood elevation, in enclosures
may be finished with allowable exterior finish, regardless of whether this is
specified in the permit or not, in accordance with the most recent FEMA
Technical Bulletin. The most recent Technical Bulletin limits the finish to
basic wall ceiling and floor construction. This is meant to exclude the use of
materials and finishes normally associated with living areas constructed above
base flood elevation from those areas of the enclosure located below the base
flood elevation.
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4. The interior portion of an enclosed area below an elevated building may not
be partitioned except that garages may be separated from storage and
entryway. In the event an existing enclosure is enlarged, the walls between the
existing enclosure and the additional enclosure must be deleted. Enclosed
areas below an elevated building and laterally attached enclosed areas below
base flood elevation must be void of utilities that would service the enclosure
and cannot be temperature controlled.
5. Necessary electrical switches for required lighting circuits may be located
below the base flood elevation, provided they are of the outdoor water-
resistant variety on a separate ground-fault interrupt circuit breaker and do not
exceed the minimum number required by law. Except for one GFI, electrical
receptacles shall not be located below the base flood elevation.
6. Walls constructed entirely of open lattice work or screen mesh shall be
considered as satisfying the requirements of subsections 122-4 (b)(1)d.2.,
and122-4 (b)(4). of this section.
7. The area enclosed below the base flood elevation shall not
be used for human habitation.
98. Except as noted in subsections 122-4 (b) (1) b. and (b)(1)d.5. of this
section or required by an applicable code no electrical, mechanical or
plumbing may be located below the base flood elevation.
(2)Nonresidential construction.
a. New construction and substantial improvements of any commercial, industrial or other
nonresidential structures within zone AE on the community's flood insurance rate map
(FIRM) shall have the lowest floor (including basement) elevated to or above the base flood
level or, together with attendant utility and sanitary facilities, be designed so that below the
base flood level 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 effects of buoyancy. Elevating above base flood elevation may
decrease the cost of flood insurance. Where a nonresidential structure is intended to be made
watertight below the base flood level, a registered professional engineer or architect shall
develop and/or review structural design specifications and plans for the construction and shall
certify that the design and methods of construction are in accordance with accepted standards
of practice for meeting the applicable provisions contained herein. A record of such
floodproofing certification which shall include the specific elevation (in relation to mean sea
level) to which such structures are floodproofed shall be provided to the building department.
Wet floodproofing is not acceptable. New construction or cumulative substantial
improvements of any commercial, industrial or other nonresidential structures within zones
V1-30, VE or V shall have the bottom of the lowest horizontal structural member of the
lowest floor, elevated to or above the base flood elevation.
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b. Enclosed areas below an elevated structure at grade elevation for nonresidential,
commercial or industrial uses shall be permitted for limited storage or parking purposes,
provided that they are anchored to prevent flotation, collapse or lateral movement of the
structure and do not exceed 300 square feet of enclosed area and are in accordance with the
requirements of subsection 122-4 (b)(5)g. of this section for V zones or subsections 122-4
(b)(1)d.1—(b)(1)d.8. of this section for A zones. Plans for such structure shall be submitted to
the building official for approval prior to construction.
(3)Accessory structures.
a. Residential accessory structures.
1. Any prefabricated light metal structure, which meets the following criteria, may be
permitted in an A or V zones if:
(i) The enclosed area is 150 square feet or less;
(ii) The use is limited to limited storage; and
(iii) The structure is properly anchored to prevent flotation, collapse, and lateral
movement.
2. Accessory light metal structures which exceed the 150 square feet of enclosed space
threshold or concrete or wood accessory structures built on site regardless of size or
value may be permitted if they meet all of the criteria outlined in subsection 122-4
(b)(1)d within A zones or the criteria set forth in section(b)(5)g within V zones.
b. Nonresidential accessory structures.
1. All nonresidential accessory structures, or enclosed areas, which meet the following
criteria, may be permitted if:
(i) The enclosed area is 300 square feet or less;
(ii) The use is restricted to limited storage and parking only;
(iii) They meet the breakaway wall standards outlined in subsection 122-4 (b)
(5) (a) within V zones or the venting requirements outlined in section
122-4 (b) (1) (d)(2) within A zones;
(iv) They meet the other requirements as outlined in subsection (b)(1)d. of
this section; and
(v) The structures are properly anchored to prevent flotation, collapse and
lateral movement.
2. Accessory structures in an A zone that exceed the 300 square feet of enclosed space
threshold may be permitted if they meet the floodproofing criteria outlined in subsection
Page 14 of 22
(b)(2)a. of this section. Accessory structures in a V zone that exceed the 300 square feet
of enclosed space threshold are strictly prohibited.
*****
(5) Coastal high-hazard areas (V zones). Within the areas of special flood hazard are areas
designated as coastal high-hazard areas, which have special flood hazards associated with wave
wash. The following provisions shall apply in these areas:
a. New construction or substantial improvements within zones V1-30, VE or V shall be elevated
so that the bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is located at or above the base flood elevation level, with the space below
the lowest horizontal structural member open or constructed with breakaway walls so as not to
impede the flow of floodwaters. Breakaway walls may be permitted for aesthetic purposes only
and must be designed to wash away in the event of abnormal wave action and in accordance
with the provisions of sections 122-4 (b)(5)g., (b)(5)h. and(b)(5)i.
b. New construction or substantial improvements shall be securely anchored on pilings or
columns.
c. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Water loading values used shall be those associated with the base
flood. Wind loading values shall be those required by American Society of Civil Engineers
(ASCE) Standard number 7.
d. A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with the accepted standards of practice for meeting
the provisions of sections 122-4 (b) (5)a., (b)(5)b. and (b)(5)c.
e. There shall be no fill used as structural support.
f. Nonstructural fill shall not be placed in a V zone except with an approved Coastal Model
meeting the minimum NFIP standards, that demonstrates such fill will not increase potential
flood damage by wave ramping and/or deflection.
g. If any space below the base flood elevation level is to be enclosed, such enclosed areas
shall not be used for human habitation and must meet the provisions of sections 122-4
(b)(1)d.1., (b)(1)d.3.—(b)(1)d.8. and(b)(5)a. of this section.
h. Prior to construction, plans for any structure that will have enclosed space below the base
flood elevation level shall be submitted to the building official or his designee for approval.
i. Walls and partitions shall be allowed below the base flood elevation, provided they are not
part of the structural support of the building and are designed to break away under the
impact of abnormally high tides or wind-driven water without damage to the structural
Page 15 of 22
integrity of the building on which they are to be used, and provided that a design load limit
of not less than ten and no more than 20 pounds per square foot shall be used as the safe
load design for breakaway walls.
j. Compliance with the provisions contained in section 122-4 (b)(5)i. of this section shall be
certified by a registered professional engineer or architect.
k. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the base flood elevation level except as provided for in sections 122-4 (b)(5)g.
and(b) (5) i. of this section.
1. No manmade alteration of mangroves or beach berm system shall be permitted which will
increase the potential for flood damage.
(6)Basement construction. No basement shall be constructed in the county.
(7) Enclosures below base flood elevation. No enclosure below the base flood elevation shall be
constructed or equipped for such uses as a kitchen, dining room, family room, recreation room,
office, bedroom, bathroom or workshop. This prohibition does not apply to new improvements that
are not substantial to post FIRM structures rendered noncompliant by amendments to the flood
insurance rate map as long as the improvement is at the same elevation the structure was originally
built to; ground level structures whose initial construction began prior to January 1, 1975; and those
structures that are listed on the National Register of Historic Places, the Florida Inventory of
Historic Places or any inventory of local historic places.
(8) Below base flood elevation variance. In no event shall a below base flood elevation variance be
necessary for improvements to an existing structure whose initial construction began prior to
December 31, 1974, or to a legally placed manufactured home when the improvements are not
substantial.
(9)Recreational vehicles. Require that recreational vehicles placed on sites within zones Al-30,
AH, and AE, V-130, V and VE on the community's FIRM 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 section 122-4 (b)(4). A recreational vehicle is ready for
highway use if it is on its wheels or internal jacking system, designed to be self-propelled or
permanently towable by a light duty truck, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanent attached additions.
Sec. 122-5. -Variances to the floodplain management requirements.
(a) Generally. Where, owing to special conditions, a literal enforcement of the floodplain
management provisions of this chapter would result in exceptional hardship unique to that
property or proposed project, the board of county commissioners may grant variances from the
terms of those provisions as will not be contrary to the public interest, will be in harmony with
Page 16 of 22
the general purpose and intent of this chapter, and will be the minimum variance that will allow
reasonable use of the property.
(b)Procedures.
(1) An application for a variance from the provisions of this chapter for development in an
area of special flood hazard shall be filed with the building department at the time of application
for a building permit.
(2) Within ten days of receipt of a complete application for a variance from the terms of the
floodplain management provisions of this chapter, the building official shall review the
application, and submit a report and recommendation to the Board of County Commissioners.
(3) The Board of County Commissioners shall review the application and the reports and
recommendations of the building official and consider granting the variance in accordance with
the conditions set forth in this section 122-5 (c).
(c) Conditions.
(1) Variances shall be issued only upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief, and only upon all of the following
conditions:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
c. A determination that the granting of a variance will not result in increased flood heights;
result in additional threats to public safety; result in extraordinary public expense; create
nuisance; cause fraud on or victimization of the public; or conflict with other provisions
of this chapter or this Code; and
d. Specific written findings linked to the factors below.
(2) The following factors shall be relevant in the granting of a variance:
a. Physical characteristics of construction;
b. Whether it is possible to use the property by a conforming method of construction;
c. The possibility that materials may be swept onto other lands to the injury of others;
d. The danger to life and property due to flooding or erosion damage;
e. The susceptibility of the proposed facility and its contents to flood damage and the
effects of such damage on the individual owner;
f. The importance to the community of the services provided by the proposed facility;
Page17of22
g. The necessity to the facility of a water-dependent location, where applicable;
h. The availability of alternate locations less subject to flooding;
i. The compatibility of the proposed use with existing and anticipated development;
j. The relationship of the proposed use to the comprehensive plan, land development
regulations and the floodplain management program for that area;
k. The safety of access to the property for ordinary and emergency vehicles in times of flood;
1. 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; and
m. 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. •
(3) When the board of county commissioners considers the propriety of granting a variance as
permitted by this chapter, the following factors shall not be considered relevant:
a. The physical disabilities or handicaps and health of the applicant or members of his family;
b. The domestic difficulties of the applicant or members of his family;
c. The financial difficulty of the applicant in complying with the floodplain management
provisions of this chapter; or
d. The elevation of surrounding structures.
(4) Any applicant to whom a variance is granted shall be given written notice by the board of
county commissioners 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 lowest floor being located below the base
flood elevation.
(5) All variances issued shall require that an owners affidavit be prepared, and recorded with the
clerk of the circuit court, which shows that the proposed construction will be located in a special
flood hazard area, the number of feet that the lowest floor of the proposed structure will be below
the base flood level, and that actuarial flood insurance rates increase as the lowest floor within A
zone and the bottom of the lowest horizontal structural member of the lowest floor within V zones
elevation decreases.
(6) The building official shall maintain records of all variance actions and annually report any
variances to the Federal Emergency Management Agency.
Page 18 of 22
Sec. 122-6. -Required inspections of residential structures.
(a) Applicability. Prior to the transfer of ownership of any property occupied by an elevated
residential structure with a below base flood enclosed area defined as "new construction" (i.e.,
construction commenced on or after January 1, 1975) under this chapter, a county approved
inspection of the below base flood enclosure shall be conducted. The required inspection shall be
conducted no earlier than 180 days prior to the transfer of the property by the seller or the potential
purchaser, with the sellers permission. The intent of this inspection, which is strictly limited to the
below base flood enclosure, is to identify for county records and purchasers any nonconformities
or illegal structures or uses.
(b) Inspections. The inspection required under this section may be conducted either by an inspector
from the growth management division or by an inspector approved by the growth management
division. Fees for inspections conducted by the growth management division shall be in
accordance with the schedule established by resolution of the board of county commissioners for
inspections conducted under the county's flood insurance inspection and compliance program.
(c) Inspection procedures and forms. All inspections required under this section shall be
conducted in accordance with procedures and recorded on county forms approved by the growth
management director.
(d) Private inspectors' approval. Non-county inspectors from an approved list maintained by the
growth management division may be retained by property owners to complete the inspections
required by this section. These inspectors shall be approved by the growth management division
director and shall be required to take an inspection training session conducted by the growth
management division to ensure all inspectors fully understand county inspection and reporting
requirements. All inspections conducted and inspection reports prepared by non-county inspectors
are subject to review by the growth management division. Inspection reports that are found to be
incomplete, inaccurate, or contain errors and omissions, may result in the inspector being removed
from the approved list of inspectors by the growth management director.
(e) Inspection submittal requirements. The original of the inspection report, signed by the county
inspector or county approved inspector, shall be submitted to the buyer and Building Department
ten days prior to the closing date for transfer of property.
(f) Failure to comply with inspection submittal requirements. Should the inspection report
required by this section not be filed with the Building Department and buyer, the seller and buyer
will be notified that the structure is in violation of this section. The buyer and his successors and
assigns may enforce the terms of this section in law or at equity. The plaintiff may seek injunctive
relief in a court of competent jurisdiction to prevent a violation of this section. Attorney's fees and
costs incurred in an action to enforce these regulations may be awarded to a substantially
prevailing party at the discretion of the court. A plaintiff may seek and the court may award treble
damages to an aggrieved party. The sole intent of this inspection is to provide information for
recording and monitoring improvements to downstairs enclosures subject to the county's
floodplain regulations and in accordance with Board of County Commission Resolution 440-2011,
which does not require that the property be brought into compliance prior or subsequently to
Page 19 of 22
transfer. This inspection is not intended to be used to identify or prosecute any other unpermitted
improvements that are not subject to the floodplain regulations.
(g) Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
improvements under the Pilot Inspection Program (44CFR 59.30); however the Pilot Inspection
Program requires an independent inspection. .
(h) If the results of the inspection identify illegal unpermitted improvements Section 122-4
applies when a building permit or special floodplain permit is sought by an applicant.
Section 2. The Monroe County Code is amended by adding Section 122-7 as follows:
Sec. 122-7. Floodplain Certificate of Compliance Program.
(a) Generally. Any property owner who has obtained an inspection of his downstairs
enclosure or structure below base flood elevation through either:
a. FEMA Insurance Inspection Program; or
b. Inspection at time of sale; or
c. Voluntary Inspection
is eligible to obtain a Certificate of Compliance. The structure must have
been found in compliance with the Monroe County floodplain regulations by
Monroe County staff. Prior to obtaining the certificate, the owner must record
a non-conversion agreement in the Monroe County official land records on a
form to be provided by the County. Properties that have received their
inspections prior to implementation of the Certificate of Compliance program
may receive a certificate of compliance; however, a re-inspection (with no
fee) is necessary to assure compliance has been maintained and the owner
must also record the non-conversion agreement, which shall be recorded in the
official land records of Monroe County.
(b) Outreach. The County will mail written notices to property owners, every two years,
with downstairs living areas as follows:
a. The County will obtain data from the Monroe County Property Appraiser
Office which will identify all single family residences which contain
enclosures that are identified as living area on the ground floor. Once this
data is captured, technical staff will deduct all the parcels that have already
received inspections through the FEMA Insurance Inspection Pilot Program,
transfer of ownership program, or the previously applicable inspection on
building permit program, and been made compliant.
b. The remaining property owners will be notified by regular mail that in order
to receive a certificate of compliance, an inspection is required of any below
Page 20 of 22
base flood elevation structures, to verify compliance with the Monroe County
floodplain regulations. Owners will also be notified that non-compliant
structures may be subject to code compliance proceedings.
c. If owners seek and obtain a certificate of compliance inspection, and are
compliant, they will receive a Certificate of Compliance as outlined in this
Section. This is a proactive opportunity for property owners to receive
evidence that they have a compliant structure which should, long term, create
a positive market condition. If an owner has a non-compliant structure, he
will be notified of all the required corrections to the enclosure to become
compliant and that permits are required to authorize construction,
(c) Inspections. Inspections may be conducted for a Certificate of Compliance according to
this chapter for FEMA Insurance Inspection Program or for Inspection of Residential
Structures prior to transfer of ownership found in Section 122-6.
(d) Compliant Structures, The County will provide a Certificate of Compliance to property
owners with compliant structures after property owners sign and record a non-
conversion agreement (with a corresponding drawing demonstrating the permitted
improvements allowed below base flood elevation attached to the agreement). The non-
conversion agreement shall be recorded by the county in the Monroe County official
land records so future buyers of properties understand what has been approved for areas
below base flood elevation. Property owners shall pay recording fees.
(e) Non-Compliant Structures. The County Building Official shall refer any non-compliant
structures to the Code Compliance Department for enforcement through appropriate
processes.
(f) New Construction. New construction that contains any type of below base flood
elevation enclosure, will be required to record a "Notice of Non-Conversion" in the
Monroe County land records indicating the square footage permitted to be constructed
below base flood elevations, with a corresponding drawing demonstrating the permitted
improvements permitted,prior to receiving a certificate of occupancy.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved
in the controversy in which such judgment or decree shall be rendered.
Page 21 of 22
Section 4. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state or county law, rule, code or regulation, the more restrictive shall
apply.
Section 5. Filing, Transmittal, and Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, and
transmitted to the State Land Planning Agency, but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission approving the ordinance
pursuant to Chapter 380, Florida Statutes and appeal periods have run.
Section 6. Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of
the County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately
numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the 16th day of May, 2012.
Mayor David Rice ye 5
Mayor Pro tem Kim Wigington y e 5
Commissioner Heather Carruthers ye-5
Commissioner George Neugent N eS
Commissioner Sylvia Murphy yes
ATTEST . ,.. MONROE COUNTY BOARD OF
DAI)INY1 L. KOLHA , CLERK COUNTY COMMISSIONERS
B "' ,,Qta. By:
c. Do uty Clerk: ayor Davi Rice
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Page 22 of 22 ..9"wit.,....1,4„
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County of Monroe .-.1
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Growth Management Division .1
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Office of the Director "` 7',.. Board of County Cominissiorters g
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2798 Overseas Highway Mayor Heather Carruthers,Dist 3
:'4'.; '-'• \ \ Mayor Pro Tem David Rice,Dist.4
Suite#400
43:'X 7,
Marathon,FL 33050 ._..7.:_..: ...wi. it; Kim Wigington,Dist.1
Voice: (305)289-2517 '' -=---, '': . George Neugent,Dist.2 i
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FAX: (305)289-2854 Sylvia Murphy,Dist.5 !
We strive to be caring,professional and fair
August 16, 2011
Mr.Brad G.Loar,CFM,Director
Mitigation Division
Federal Emergency Management Agency
Department of Homeland Security,Region IV
.3003 Chamblee Tucker Road
Atlanta, GA 30341
Dear Mr. Loar:
• As you know, Monroe County has three primary floodplain'compliance programs to assure illegal post-
FIRM enclosures of structures below base flood elevation are remedied as follows:
1. Pilot Inspection Program—whereby insured residents are required to obtain an inspection of their
downstairs enclosures for continuance of flood insurance
2. Inspection upon request for building permit
• 3. Inspection upon sale-
These three programs resulted from an April 16, 2003 resolution by the Monroe County Board of County
• Commissioners that included a remedial plan (attached). The remedial plan has been implemented
• through the County Code of Ordinances.
In 2011; the State of Florida Legislature passed Chapter 2011-82 Laws of Florida (House Bill 407)
(attached), which prohibits the County from requiring an inspection of other areas not the subject of a
• building permit. This pre-emptive legislation prevents Monroe County from inspecting downstairs
enclosures upon application for a building permit if the downstairs enclosure is not directly impacted by
the proposed work.
Under Section 6-107 of the Monroe County Code, which was adopted as part of performance under the
remedial plan,the process for inspection upon building permit is as follows:
1. Homeowner asks for building permit and must submit property record card with application.
2: Staff reviews property record card to determine if living area exists in downstairs,then writes
letter to property owner notifying them of need for inspection.
1 r
3. Property owner calls for inspection.
4. Perform inspection.
5. If not in compliance with floodplain management ordinances,owners are notified of required
remedies.
6. If permit that was applied for originally was for something irrelevant to the downstairs
enclosures(e.g. roof,fence,etc.),permit is issued after inspection of downstairs area.
7. If not in compliance, and no remedy is made for downstairs enclosure in time period given(3-
6 months depending upon severity of violation(plumbing/electric requires permitting so
longer time period given),violation is referred to Code Enforcement.
8. Code Enforcement sends Notice of Violation(explaining violation,suggested solutions, and
who to contact to remedy) and sets hearing before Special Magistrate.
9. Special Magistrate hears case
a. If there is a finding that property is not in compliance:
i. Gives new compliance date
ii. Sets fines starting day after compliance date
iii. Property owner has 30 days to initiate appeal process
b. If there is a finding that property is in compliance case is dismissed.
The above process will be unenforceable due to Chapter 2011-82 Laws of Florida. You indicated
to County staff and at least one of our Commissioners that under HB407, Monroe County has
until July 1, 2012 to adopt an ordinance that will provide for an alternative to Monroe County
Code Sec. 6-107. You have indicated this must be approved by FEMA. The following proposal
is offered to modify Monroe County Code Sec. 6-107, which includes the Implementation Plan,
per FEMA's requirements, for continuing participation in the NFIP.
The Monroe County Board of County Commission did discuss this alternative proposal, and I am
requesting written confirmation that FEMA considers this alternative adequate prior to our
embarking on developing ordinances and processing them through a public hearing process.
Proposed Certificate of Compliance Program to replace Inspection on Building Permit
Program:
The County is seeking to obtain definitive data from the Monroe County Property Appraiser
which will identify all single family residences which contain enclosures that are identified as
living area on the ground floor. Once this data is captured, our technical staff will deduct all the
parcels that have already received inspections via the pilot program or other programs, and been
made compliant.
The remaining property owners will be notified that an inspection will be required in order to
verify compliance with the Monroe County Floodplain Ordinance.
Once the owners obtain this inspection, and are compliant, they will receive a Certificate of
Compliance. This is a proactive opportunity for property owners to receive evidence that they
have a compliant structure which will create a positive market condition. If owners have a non-
compliant structure, they will be notified of all the required corrections to the enclosure to
become compliant with the permit authorizing the construction, OR the violation will be
forwarded to the Code Compliance Department for prosecution.
2 #
Finally, once a property is compliant, the County will provide a non-conversion agreement(with
a corresponding drawing attached) to be signed by the property owner and recorded by the county
in the County land records so buyers of properties understand what has been approved for areas
below base flood elevation.
This non-conversion agreement will provide protection to future buyers through title work.
Every two years an updated potential ground floor enclosure list will be reviewed, and any
changes to the Property Record that indicate illegal construction below base flood elevation will
go through the inspection process outlined above again.
The County may also consider obtaining a list of all properties that have transferred ownership and any
such property that failed to obtain the required inspection will be contacted for inspection.
}
In addition, all new construction that contains any type of below base flood elevation enclosure will be
required to record a"Notice of Non-Conversion" to the property, which should alleviate this problem in
the future.
I am attaching:
1. An underline/strikethrough of a proposed amended Resolution that includes a Remedial Plan
amendment, originally approved to alleviate Monroe County being on probation or suspension
from the National Flood Insurance Program(NFIP).
2. A clean version of the proposed amended Resolution that includes a Remedial Plan amendment,
originally approved to alleviate Monroe County being on probation or suspension from the
National Flood Insurance Program(NFIP).
We are seeking written confirmation that FEMA considers these changes to the Remedial Plan
acceptable as well. This is the same program County staff discussed with FEMA representatives in
Washington DC. Susan Wilson was included in that meeting,by telephone.
Monroe County staff is willing to travel to Atlanta to discuss this alternative proposal in person if FEMA
officials feel this is necessary,prior to sending written verification that this alternative is acceptable.
Please let us know if this program meets with your approval.
Sincerely,
MONROE COUNTY
4 /
Christine Hurley,AICP
Growth Management Division Director
Enclosures
CH/mt
3
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RESOLUTION 4.6-2 G3 }
I A RESOLUTION AMENDING RESOLUTION NO. 187 2 2-1.52-2oo3 OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A REVISED IMPLEMENTATION . C
PLAN FOR THE FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM FOR .
SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
I
i
f
WHEREAS,the Board of County Commissioners("BOCC') adopted Resolution No. 18749,9
152-2003 on April 1T6, 2002,3, approving a revised remedial plan for submittal to the Federal Emergency
Management Administration (FEMA), called the"Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program"to meet one of the requirements identified in a letter from FEMA's
Region IV Director, dated January 14, 2002; and,
a
WHEREAS, the revised"Implementation Plan for Monroe County Flood Insurance Inspection and
Compliance Program"was subsequently approved by FEMA; and,
a
WHE-REA^STasrequircd in revise-:mpiementatlon pion, the County throughthe c'ices 6=State r
i , , Ht-rvesunabie-te-obtain an'ir- 1:-rr Fr—fife,�-t e Florida LegistatuFe
: e-ircctly bringing-non compliant .A
downstairs cneosi wes-with non compiia ` J , . . ore than four yea-Fs old i•E?te lience; T.
aflfr
WHEREAS, the State of Florida Legislature adopted House Bill 407 (attached as Exhibit 2) that m
has rendered Section 1 under"Actions to Ensure No New Additional Non-conforr ino Structures"
unenforceable; and,
WHEREAS, Monroe County received confirmation from FEMA officials that if House Bill 407 was passed
by the Florida Legislature FEMA would consider and alternative replacement remedial action to continue •
to assure the elimination of illegal enclosures below base flood elevation; and
WHEREAS,the Growth Management Division staff prepared draft amendments to the County's
floodplain regulations in accordance with the implementation plan; and,
Waa_10c and
s;y;.ific -legal po tli+7~ai concerns regarding the pfeposr_d amendments-to the
cxi;,ting r-teedf3i-ain-Fegt:l3tions-'yeFe raise.during- ccss, partieuiarly requireen ents
4
the imposition of restrictive cos.cnants to allow County compliance inspection..; and,
r.
11
W " rS t e-Bear-d-e -Ger n,issonors t led z dep;en of the prapesed ifi
amendments and directed the County Crowth Marogcrncht -ne t
Co;omission's-ILl i4salson and County Attornc;to-peace an alternative approach that meets FEf IA"s
concerns abo-iJmc enforceabilitty of the County's lee leiR- notions; and,
ii
ii
' •ien- t. EMA's Li.is e-met:gint-F'11-4-c"
rccgron TV officials-ea44crch IS",29G37-end received tentative rcvai from-+El",t for the-Ce:n y's
alternative proposal;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
iH
Section 1. The BOCC hereby amends Resolution No. 187 2904152-2003 by replacing Exhibit 1,
"2011 Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program",
with a new Exhibit 1 which is attached hereto.
y
4
4
sti
Section 2. The County Administrator is directed to expeditiously transmit this Resolution and
attached exhibit to the Region IV Office of FEMA.
Section 3. The Growth Management Division staff is directed to prepare new amendments to the
County's floodplain regulations based on Exhibit 1 and re-initiate the process for consideration of these
text amendments-st tang-w+tT i"a,:^in e +5.
PASSED AND ADOPTED Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the 41'day of April,
+Mayor Dixie— char - yc3
Meyer-RFe-Tcm Mufray-Netsofi ;ems
--C cr Churtfcs"Soefiy-"-4''.4 y--yes
-- -- Commflisse e eoFge- eeEJeA -•- ye.s
---; effimissionCr LDav d Pee-
BOARD OF CCUNTY CGMMI IONEPS
OF-MONROE G96rn`7r a A
•
•
•
EXHIBIT 1
2Q.j REVISED IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002,the Growth Management Division staff submitted a complete list
of the names and addresses of owners (policy holders provided by FEMA)of all
structures less than four years old that may contain possible violations of the County's
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
(FEMA/NFIP).
•
,---In June, 2002,the County Growth Management Division staff began submitting monthly
to FEMA/NFIP,the names and addresses of approximately-50 owners(policy holders) of
structures with possible conflicts with violations of the County's floodplain regulation.The
compiled lists are being sent to FEMA,starting with the newest structures working back
through to the oldest structures. In November, 2010, the last of the policy holders were
submitted to FEMA/NFIP and
tThe County's Building-and Code Enforcement staff Is conducting inspections and
implementing the Flood Insurance Inspection and Compliance Program as outlined in the
Federal Register. Ear-eh-2- 002, the County staff has conducted 51 inspections,
identified 27 structures �de-eer+flies-and-breught 7 :strut-tures into eompl;anco with
the :ioodpla -reguiatiens
—As an element of the inspection program., the County staff Ia eel-letting and recording-fie
amount and nurnbc;✓e€-faeod lnsura€e;aims-submitted for-each inspected structure to
be-supplemented-by data produ€ed4 8 €e y-m-quircd inspectons and prepe ty tax
records. ['Ibis information '.rll be used-fcr calibrating and updating-the flood-damage
ail � tind- r ,, ee-rates for-structures with downstairs
arclosures.}
In addition to the Floodplain Compliance program in the Federal Register, the County has
developed two additional Floodplain Compliance Programs to gain compliance with
Floodplain reaulations:
1. Inspection on Transfer Proaram; and
2. Certificate of Compliance Program
•
At_he my .t rr-nrtn_ d its engineering consultant complete an evaluation of
. "r-.:crcicJ�,-ram,ram
the•.altdily 4 cJ Flood Insurance and co ood Ins iraance Late.
Map-EFIR-M-Her-Mot; rz sound them to be technically .eUdand 'accurate. As more
tipdutcd in in-fen-nation becomes available-fr-em the Couety's-Flaod Ii surance- ection, program,
•
ecmpl;ancc rnspectiensr c -thcprefie ty-- x records, }-EMA-is roddeotcd to-use this-:ifief 'tten •
r the-ceolculet:ien of inauranee-nsk esecissr c.,.nts•cfiE?ffa ess
Remediation of Non-conforming Structures Including Those Older than Four Years
,-,--There is no 4 year bar of prosecution for structures that do not meet floodplain
regulations, that did not receive permits and were constructed illegally and therefore,
Monroe County shall enforce floodplain requirements for any structure that has been
constructed or improved without benefit of a permit or approval from Monroe County to
the greatest extent enforceable by laws agreed upon in-its initial i ation Plan
for the Fleed ',nourance 4fispeet,ren and Compliance Pregrarm-Monroe County through
State Repr csc ntotve-Ken-Sorenson did attornpt-t&seek.legislative relief from the statu ie
of limitations barring code cnforeeeterrt-prosecution of-violctions of the Coun`y's
floodploin regulations more then fes year s old; however, the County was rebuffed-by
the legislature's cncrat Counsel and Director of Pill Drafting.
For the foreseeable future the i-taturc of limitations is not going to be modified by an act
• of the Florida Legislature. such, any str) ravcrncnts of
mere-t =our years old are considered i tidicsel reting to be"de acto"nen-
F, es-ihte-compltancc must be-consistentwith-pe ens-ef-Section 9-5.11(3), Viler-ice
Statutes.
The Ceenty's inspection gram includes of oil post rim atructuures,cyen these
structures with unpermitted improvements more than four years old.The County
Commis,,ion and its Growth Management Dirvision staff belie•rc that a significant
percentage of structures with unpermitted, eenT ferrfti-g-below--base flood elevation
ieiprovcme;,llrtil{-aeluntarily-ire., `
leed
insurance inspection program.
As—these 'tructures with p `enti l itt d improvement..,that-renfl;ct with the
flofi dentificd by-the County staff through the flood insurance
r F+-„�€^ ty-w Llist
F r'^1A/l F Fr et If the
IT spcc.ior �irogrl�TTT'LTf�GIIFr�Cy-"+ I pro•d(d�a CV•7'Cr"T7T01-C�'T'u'Ci�.��J. a
owners of these otructures refuse the inspection;thc.ir insurance may not be rc,(ewtee-try
their insurer.
The property owner:-et:-•any-structure i s.cd b e-Eountit-that-is- cterrnincd te-have
an unpermitted improvement will have aix mcr rth , if the le C t an four
-rs 6ld i , if fit is•leas then-four years old, to obtain a
permit to bring the stn,, ' t liancc. ff the-ewner of a preen
identified conflict with the code chooses not te-ebtein}fie permit by the deadline
estalalish a ^b v ^~tours the permit no appr-wed final ins-ceder. occurs withih
60 clays after issuance of the permit, the County will-pursue one of the following actions
as applicable:
•
't--if the violation is-less than-feu-year-se d tl e Ee 11 expeditreusly pursue-cede
enforcement action and will formally aubn;it a d `:rati f of`!:e prc;;er^y
,,oe*e.-FtMA-pursucne-te Section 131S-e lee-P4atena1 rloed-4hourancc
Act if the str ct re-s-f. t brought:rto ccrr:ptianeei
2 j- if the'oiacien-is-'.3eyend-the four-year_,rcz'erc af-4:rritations, the-r£ zy-wi-l-'jbfit-a
ieelar-ation for de l-ef the?re-Bert -e Tiers i ser-anc-e-to F`r?4h-rsuent to
Sections-13'6 of-the attonal--der rreurancc Ace
j- �a sir`t tier w =ae-z.npe.Fpniitc-d+m;-der:,stairs Cncie is-our;d te-- e
sec- -b -a rcr/icy/ re-ine c-incepne-hmein-etwing-the F;eerd:nsiifanee •
InspeedeF^<rne-Compliance rrogram, the ie4,1 .,i-will-dreviL'�t h 3�eer-etiiii -for--thhe
property owner-to apply for additional--ee a;u e-ie-a££e-Fdancc with the FEMA
approved"Ilan and Procedures for Alloy: 3n Extcn.i-er,fires --Get i~ Ladl::zcs
under the Monfcc County-Feed Insurance Inspection-Pr grain-rep- ibIC Non-compliant
Below Base Flood Enclosures Used for Affordable Housinc"adoptd-by-3errd cf Coady
Con,,: - n
Actions to Ensure No New Additional Mere--ee -Illegal Structures
o Althoug -the-Getinty is cec--Fe tly limited by the four year statute.of lir„ltatioraos te-eede
enforccrre 1 -tThe County through its County Growth Management Division will
implement the following actions,consistent with the Florida Statutes,to ensure that any
new conflicts between the way structures were onoinaily permitted and with the
floodplain regulations are resolved in-a timely-manner and do ;mot beccrne sub ect-e-the
four 'par statute of limitations-chaffing eede feFee e4.-feseetttiel:
} 1) Ar enci-Inspection on Transfer of Ownership Program. Maintain the existing
floodplain regulations and appropriate sections of the County Code to require that
any residential structure having a downstairs enclosure with an opaque wall covering
have a County compliance inspection prior to transfer of property-er-poor to the
issuance of a bu: -permit for any st:tiet-ural alteration or expansion e€-the
C • stft. fie; and to provide that such inspections required prior
to the transfer of property can be conducted, at the discretion of the property owner,
by either the County staff or a registered architect or professional engineer. [The
requirement for an inspection prior to the transfer of property does not also require
that the property be brought into compliance prior to transfer or, subsequent to
transfer-howcvcr, if the-ui e it prevemcnt is leis than four years old, it may
lei;-(see-No.S).The sole intent of this inspection
is to provide information for recording and monitoring improvements to downstairs
enclosures subject to the County's floodplain regulations. This inspection is not
intended to be used to identify or prosecute any other unpermitted improvements
that are not subject to the floodplain regulations.]
xisting-fleodp',ain regulations to speeifieall -eqtrirc that the ;ssuafiee-ef
any permit to a. downstairs en£i " err, licit p
4
remedy-a-life-safety-Ira-zard, be-contingent n--br-ingtng the downstairs enclosure
into compliance vjith the-f{eedelam regulations.
2) Amend Maintain the existing floodplain regulations to allow the expansion or
structural alteration of the elevated portion of any residential structure non-
conforming with the floodplain regulations contingent upon the following conditions
as appropriate: a)the improvement is not substantial as defined under the floodplain
regulations; b)a pre-permitting inspection is completed by the County to document
the extent of the non-conformity; and,c) if within a"V"zone,the submittal of a
professional engineer's or registered architect's sealed certification that the non-
conforming improvements to the downstairs enclosure do not subject the elevated
portion of the structure to increases structural damage.
•
•
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•
4) Conduct required inspections of downstairs enclosures as stipulated in Actions#1 -
• #3 above.
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulations, for properties developed after the Flood Insurance Rate Maps
were implemented, through code enforcement and the normal permitting process,
including prosecution of owners of structures, where property tax records and/or
evidence from inspections provide probable cause of a vic.cuon that is le -=oz;f
years old.
6) Request that FEMA provide the County with a"Submit to Rate"for any applications
for new flood insurance policies on previously uninsured properties with a possible
violation, so that the County may pursue compliance under code enforcement
proceedings, c:.ie ate le t`:e f your ,ears old, or older-non four year-s;
through a Section 1316 declaration.
7) Amend thcMaintain existing floodplain regulations to only allow enclosing with
opaque materials of downstairs enclosures of 299 square feet or less in area.
8) Request the Monroe County Appraiser to provide the County Growth Management
Division with an annual update by residential property owner from the County
property tax records of the changes In the habitable floor area of downstairs.
enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and compliance
program a list of all structures that fail to come into compliance and submit a
quarterly progress report to FEMA beginning July, 2003.
10) Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by
June 2004,and if necessary, develop and implement further remedial actions with
FEMA's approval, to ensure enforcement of the County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement the above
I .program over six y cr period.
RESOLUTION
A RESOLUTION AMENDING RESOLUTION NO. 152-2003 OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY APPROVING A REVISED IMPLEMENTATION PLAN
FOR THE FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM FOR SUBMITTAL TO
THE FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the Board of County Commissioners("BOCC')adopted Resolution No. 152-2003 on s
April 16, 2003, approving a revised remedial plan for submittal to the Federal Emergency Management
Administration (FEMA), called the"Implementation Plan for Monroe County Flood Insurance Inspection
and Compliance Program"to meet one of the requirements identified in a letter from FEMA's Region IV
Director, dated January 14,2002;and,
WHEREAS, the revised"Implementation Plan for Monroe County Flood Insurance Inspection and
Compliance Program"was subsequently approved by FEMA; and,
WHEREAS,the State of Florida Legislature adopted House Bill 407(attached as Exhibit 2) that
has rendered Section 1 under"Actions to Ensure No New Additional Non-conforming Structures"
unenforceable; and,
WHEREAS, Monroe County received confirmation from FEMA officials that if House Bill 407 was passed
by the Florida Legislature FEMA would consider and alternative replacement remedial action to continue
to assure the elimination of illegal enclosures below base flood elevation; and
WHEREAS, the Growth Management Division staff prepared draft amendments to the County's
floodplain regulations in accordance with the implementation plan; and,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
Section 1.The BOCC hereby amends Resolution No. 152-2003, by replacing Exhibit 1,"2011 IA
Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program", with a
new Exhibit 1 which is attached hereto.
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
olution and
attached exhibit to the Region IV Office of FEMA.
Section 3. The Growth Management Division staff is directed to prepare new amendments to the
County's floodplain regulations based on Exhibit 1 and re-initiate the process for consideration of these
text amendments.
PASSED AND ADOPTED Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the day of.,A.D.,.
•
EXHIBIT 1
2011 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
• Flood Insurance Inspection Program
o Prior to March 14, 2002,the Growth Management Division staff submitted a complete list
of the names and addresses of owners(policy holders provided by FEMA)of all
structures less than four years old that may contain possible violations of the County's
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
(FEMA/NFIP).
In June, 2002, the County Growth Management Division staff began submitting monthly
to FEMA/NFIP, the names and addresses of approximately-50 owners(policy holders)of
structures with possible conflicts with violations of the County's floodplain regulation.The
compiled lists are being sent to FEMA,starting with the newest structures working back
through to the oldest structures. In November, 2010,the last of the policy holders were
submitted to FEMA/NFIP and the County's Building and Code Enforcement staff is
conducting inspections and implementing the Flood Insurance Inspection and Compliance
Program as outlined in the Federal Register.
o In addition to the Floodplain Compliance program in the Federal Register, the County has
developed two additional Floodplain Compliance Programs to gain compliance with
Floodplain regulations:
1. Inspection on Transfer Program; and
2. Certificate of Compliance Program
Remediation of Non-conforming Structures Including Those Older than Four Years
There is no 4 year bar of prosecution for structures that do not meet floodplain regulations, that did not
receive permits and were constructed illegally and therefore, Monroe County shall enforce floodplain
requirements for any structure that has been constructed or improved without benefit of a permit or
approval from Monroe County to the greatest extent enforceable by law
Actions to Ensure No New Additional Illegal Structures
o The County through its County Growth Management Division will implement the following
actions, consistent with the Florida Statutes, to ensure that any new conflicts between
the way structures were originally permitted and with the floodplain regulations are
resolved timely:
1) Inspection on Transfer of Ownership Program. Maintain the existing floodplain
regulations and appropriate sections of the County Code to require that any
residential structure having a downstairs enclosure with an opaque wall covering
have a County compliance inspection prior to transfer of property; and to provide
that such inspections required prior to the transfer of property can be conducted, at
the discretion of the property owner, by either the County staff or a registered
architect or professional engineer. [The requirement for an inspection prior to the
transfer of property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer.The sole intent of this
inspection is to provide information for recording and monitoring improvements to
downstairs enclosures subject to the County's floodplain regulations.This inspection
is not intended to be used to identify or prosecute any other unpermitted
improvements that are not subject to the floodplain regulations.]
2) Maintain the existing floodplain regulations to allow the expansion or structural
alteration of the elevated portion of any residential structure non-conforming with
the floodplain regulations contingent upon the following conditions as appropriate: a)
the improvement is not substantial as defined under the floodplain regulations; b)a
pre-permitting inspection is completed by the County to document the extent of the
non-conformity; and, c)if within a"V"zone,the submittal of a professional
engineer's or registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated portion of the
structure to increases structural damage.
3) Certificate of Compliance Program.Amend the existing floodplain regulations to
implement a Certificate of Compliance Program including:
a. Obtaining data from the Monroe County Property Appraiser which will •
identify all single family residences which contain enclosures that are
identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received
inspections via the pilot program,transfer of ownership program, or the
previously applicable inspection on building permit program, and been made
compliant.
b. The remaining property owners will be notified via mail that an inspection is
required in order to verify compliance with the Monroe County Floodplain
Ordinance.
c. Once the owners obtain this inspection,and are compliant,they will receive
a Certificate of Compliance. This is a proactive opportunity for property
owners to receive evidence that they have a compliant structure which will
create a positive market condition. If an owner has a non-compliant
structure, they will be notified of all the required corrections to the enclosure
to become compliant with the permit authorizing the construction, OR the
violation will be forwarded to the Code Compliance Department for
prosecution.
d. Once a property is compliant, the County will provide a non-conversion
agreement(with a corresponding drawing attached)to be signed by the
property owner and recorded by the county in the County land records so
buyers of properties understand what has been approved for areas below
base flood elevation.
e. This non-conversion agreement will provide protection to future buyers
through title work. Every two years an updated potential ground floor
enclosure list will be reviewed,and any changes to the Property Record that
indicate illegal construction below base flood elevation will go through the
inspection process outlined above again.
f. The County may also consider obtaining a list of all properties that have
transferred ownership and any such property that failed to obtain the
required inspection will be contacted for inspection.
g. New construction that contains any type of below base flood elevation
enclosure,will be required to record a"Notice of Non-Conversion"to the
property, which should alleviate this problem in the future.
4) Conduct required inspections of downstairs enclosures as stipulated in Actions#1 -
#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulations, for properties developed after the Flood Insurance Rate Maps
were implemented,through code enforcement and the normal permitting process,
including prosecution of owners of structures, where property tax records and/or
evidence from inspections provide probable cause of a.
6) Request that FEMA provide the County with a"Submit to Rate"for any applications
for new flood Insurance policies on previously uninsured properties with a possible
violation,so that the County may pursue compliance under code enforcement
proceedings, through a Section 1316 declaration.
7) Maintain existing floodplain regulations to only allow enclosing with opaque materials
of downstairs enclosures of 299 square feet or less In area.
8) Request the Monroe County Appraiser to provide the County Growth Management
Division with an annual update by residential property owner from the County
property tax records of the changes in the habitable floor area of downstairs
enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and compliance
program a list of all structures that fail to come into compliance and submit a
quarterly progress report to FEMA beginning July, 2003.
10) Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by
June 2004, and if necessary,develop and implement further remedial actions with
FEMA's approval, to ensure enforcement of the County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement the above
program.
RESOLUTION 152-2003
A RESOLUTION AMENDING RESOLUTION NO. 187-2002 OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
APPROVING A REVISED IMPLEMENTATION PLAN FOR THE
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
FOR SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution No.
187-2002 on April 17, 2002, approving a revised remedial plan for submittal to the Federal
Emergency Management Administration (FEMA), called the "Implementation Plan for Monroe
County Flood Insurance Inspection and Compliance Program" to meet one of the requirements
identified in a letter from FEMA's Region IV Director,dated January 14,2002;and,
WHEREAS, the revised "Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program"was subsequently approved by FEMA;and,
WHEREAS, as required in revised implementation plan, the County through the offices
of State Representative Ken Sorenson, requested, but was unable to obtain any relief from the
Florida Legislature to amend provisions of the Florida Statutes barring the County from directly
bringing non-compliant downstairs enclosures with non-compliant improvements of more than
four-years old into compliance; and,
WHEREAS, the Growth Management Division staff prepared draft amendments to the
County's floodplain regulations in accordance with the implementation plan; and,
WHEREAS, significant legal and political concerns regarding the proposed amendments
to the existing floodplain regulations were raised during the public hearing process, particularly
requirements for the imposition of restrictive covenants to allow County compliance inspections;
and,
WHEREAS, the Board of County Commissioners tabled the adoption of the proposed
amendments and directed the County Growth Management Division staff in coordination with the
Commission's FEMA Liaison and County Attorney to prepare an alternative approach that meets
FEMA's concerns about the enforceability of the County's floodplain regulations; and,
WHEREAS, a County delegation headed by the Commission's FEMA Liaison met with
FEMA Region IV officials on March 18, 2003, and received tentative approval from FEMA for
the County's alternative proposal;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA that:
Section 1. The BOCC hereby amends Resolution No. 187-2002, by replacing Exhibit 1,
"Implementation Plan for the Monroe County Flood Insurance Inspection and Compliance
Program",with a new Exhibit I which is attached hereto.
Section 2. The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region IV Office of FEMA.
C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6lresolutionimplan2.doc
4'
Section 3. The Growth Management Division staff is directed to prepare new
amendments to the County's floodplain regulations based on Exhibit 1 and re-initiate the process
for consideration of these text amendments starting with the Planning Commission.
PASSED AND ADOPTED Board of County Commissioners of Monroe County at a
regular meeting of said Board held on the le day of April,A.D.,2003.
Mayor Dixie Spehar yes
-•1 Mayor Pro Tern Murray Nelson yP•
•
Commissioner Charles"Sonny"McCoy yes _
I fr Y' " Commissioner George Neugent yes
' ? Commissioner David Rice yes
(SEAT,) — ' ' BOARD OF COUNTY COMMISSIONERS OF
ATTEST�..DOVIC.Kolhage,Clerk MONROE COUNTY,FLORIDA
. • )77. 4,44.4.)
By:
Deputy Clerk Mayor/Chairman
ROVED AS TO ORM
AND LEGAL SPENCY0,.
✓° Attorney's Offica
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Fan• r*i
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•
C:1Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\resolutionimplan2.doc
EXHIBIT 1
REVISED IMPLEMENTATION PLAN FOR
THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND
COMPLIANCE PROGRAM
Flood Insurance Inspection Program
0 Prior to March 14, 2002, the Growth Management Division staff submitted a
complete list of the names and addresses of owners (policy holders provided by
FEMA) of all structures less than four years old that may contain possible
violations of the County's floodplain regulations to the Federal Emergency Flood
Insurance and Mitigation Division(FEMAJNFIP).
O In June, 2002, the County Growth Management Division staff began submitting
monthly to FEMA/NFIP, the names and addresses of approximately-S0 owners
(policy holders) of structures with possible conflicts with violations of the
County's floodplain regulations. The compiled lists are being sent to FEMA,
starting with the newest structures working back through to the oldest structures.
O The County's Building and Code Enforcement staff is conducting inspections and
implementing the Flood Insurance Inspection and Compliance Program as •
outlined in the Federal Register. [As of March 21, 2003, the County staff has
conducted 54 inspections, identified 27 structures with code conflicts and brought
7 structures into compliance with the floodplain regulations.]
O As an element of the inspection program, the County staff is collecting and
recording the amount and number of flood insurance claims submitted for each
inspected structure to be supplemented by data produced from County required
inspections and property 'tax records. [This information will be used for
calibrating and updating the flood damage model and to assist underwriters in
setting insurance rates for structures with downstairs enclosures.]
Florida Keys Flood Damage Model
At the County's request, FEMA had its engineering consultant complete an
evaluation of the validity and accuracy of the existing Flood Insurance Study (FIS) and
Flood Insurance Rate Map (FIRM) for Monroe County and found them to be technically
valid and accurate. As more updated information becomes available from the County's
Flood Insurance Inspection program, compliance inspections, and the property tax
records, FEMA is requested to use this information in the recalculation of insurance risk
assessments and rates.
C:\TEMP\revisedremedia]f nal4,doc
Page 1 of 5
Remediation of Non-conforming Structures Including Those Older than Four Years
0 As agreed upon in its initial Implementation Plan for the Flood Insurance
Inspection and Compliance Program, Monroe County through State
Representative Ken Sorenson did attempt to seek legislative relief from the statute
of limitations barring code enforcement prosecution of violations of the County's
floodplain regulations more than four years old; however, the County was
rebuffed by the Legislature's General Counsel and Director of Bill Drafting.
For the foreseeable future the statute of limitations is not going to be modified by
. an act of the Florida Legislature. As such, any structures with unpermitted
improvements of more than four years old are considered by judicial ruling to be
"defacto" non-conforming. Therefore, any efforts on the County's part to bring
these non-conforming structures into compliance must be consistent with
provisions of Section 95.11(3), Florida Statutes.
O The County's inspection program includes of all post-FIRM structures,even those
structures with unpermitted improvements more than four-years old. The County
Commission and its Growth Management Division staff believe that a significant
percentage of structures with unpermitted, non-conforming below base flood
elevation improvements will voluntarily come into compliance through this multi-
year flood insurance inspection program.
•
As these structures with potential unpermitted improvements that conflict with the
floodplain regulations are identified by the County staff through the flood
insurance inspection program, the County will provide a list to FEMA of those
structures. If the owners of these structures refuse the inspection, their insurance
may not be renewed by their insurer.
The property owner of any structure inspected by the County that is determined to
have an unpermitted improvement will have six months, if the violation is more
than four years old, or two months, if the improvement is less than four years old,
to obtain a permit to bring the structure into compliance. If the owner of a
property with an identified conflict with the code chooses not to obtain the permit
by the deadline established above, or obtains the permit but no approved final
inspection occurs within 60 days after issuance of the permit, the County will
pursue one of the following actions as applicable:
1) If the violation is less than four-years old, the County will expeditiously
pursue code enforcement action and will formally submit a declaration for
denial of the property owner's insurance to FEMA pursuant to Section
1316 of the National Flood Insurance Act if the structure is not brought
into compliance.
C:ITEMP\revisedremedialfma14.doc
Page 2 of 5
2) If the violation is beyond the four-year statute of limitations, the County
will submit a declaration for denial of the property owner's insurance to
FEMA pursuant to Section 1316 of the National Flood Insurance Act.
0 In situations where an unpermitted improved downstairs enclosure is found to be
occupied by a very low to moderate income household during the Flood Insurance
Inspection and Compliance Program, the County will provide the opportunity for
the property owner to apply for additional compliance time in accordance with the
FEMA approved "Plan and Procedures for Allowing an Extension from
Compliance Deadlines under the Monroe County Flood Insurance Inspection
Program for Eligible Non-compliant Below Base Flood Enclosures Used for
Affordable Housing" adopted by Board of County Commissioners' Resolution
#397-2002.
Actions to Ensure No New Additional Non-conforming Structures
0 Although the County is currently limited by the four-year statute of limitations as
to code enforcement action, the County through its County Growth Management
Division will implement the following actions, consistent with the Florida
Statutes, to ensure that any new conflicts with the floodplain regulations are
resolved in a timely manner and do not become subject to the four-year statute of
limitations barring code enforcement prosecution:
1) Amend the existing floodplain regulations and appropriate sections of the
County Code to require that any residential structure having a downstairs
enclosure with an opaque wall covering have a County compliance
inspection prior to transfer of property or prior to the issuance of a
building permit for any structural alteration or expansion of the elevated
portion of the structure; and to provide that such inspections required prior
to the transfer of can be conducted, at the discretion of the property owner,
by either the County staff or a registered architect or professional
engineer. [The requirement for an inspection prior to the transfer of
property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer; however, if the
unpermitted improvement is less than four years old, it may be subject to
code enforcement action (see No.5). The sole intent of this inspection is .
to provide information for recording and monitoring improvements to
downstairs enclosures subject to the County's floodplain regulations. This
inspection is not intended to be used to identify or preosecute any other
unpermitted improvements that are not subject to the floodplain
regulations.]
2) Amend the existing floodplain regulations to specifically require that the
issuance of any permit to a downstairs enclosure, other than a demolition
permit or a permit to remedy a life safety hazard, be contingent upon
C:ITEMP\revisedremedialfina14.doc
Page 3 of 5
•
bringing the downstairs enclosure into compliance with the floodplain
regulations.
3) Amend the existing floodplain regulations to allow the expansion or
structural alteration of the elevated portion of any residential structure
non-conforming with the floodplain regulations contingent upon the
following conditions as appropriate: a) the improvement is not substantial
as defined under the floodplain regulations; b) a pre-permitting inspection
is completed by the County to document the extent of the non-conformity;
and, c), if within a"V"zone, the submittal of a professional engineer's or
registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated
portion of the structure to increased structural damage.
4) Conduct required inspections of downstairs enclosures as stipulated in
Actions#1-#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the
County floodplain regulations through code enforcement and the normal
permitting process, including prosecution of owners of structures, where
property tax records and/or evidence from inspections provide probable
cause of a violation that is less than four years old.
6) Request that FEMA provide the County with a "Submit to Rate" for any
applications for new flood insurance policies on previously uninsured
properties with a possible violation, so that the County may pursue
compliance under code enforcement proceedings, if the violation is less
than four years old, or if older than four years, through a Section 1316
declaration.
7) Amend the existing floodplain regulations to only allow enclosing with
opaque materials of downstairs enclosures of 299 square feet or less in
area.
8) Request the Monroe County Appraiser to provide the County Growth
Management Division with an annual update by residential property
owner from the County property tax records of the changes in the
habitable floor area of downstairs enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and
compliance program a list of all structures that fail to come into
compliance and submit a quarterly progress report to FEMA beginning
July,2003.
10) Evaluate Monroe County's Flood Insurance Inspection and Compliance
Program by June 2004, and if necessary, develop and implement further
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Page 4 of 5
remedial actions with FEMA's approval, to ensure enforcement of the
County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement
the above program over a six year period.
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Page 5 of 5
FLORIDA HOUSE O F REPRESENTATIVES ]
ENROLLED
CS/HB 407 . 2011 Legislature
1 A bill to be entitled
2 An act relating to residential building permits; amending
3 s. 553.79, F.S. ; prohibiting local enforcing agencies and
4 building code officials or entities from requiring certain
5 inspections of buildings, structures, or real property as
6 a condition of issuance of certain residential building
7 permits; providing for application; providing for
8 conditional repeal; providing an effective date.
•
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1 . Subsection (17) is added to section 553. 79,
13 Florida Statutes, to read:
14 553.79 Permits; applications; issuance; inspections.-
15 (17) (a) A local enforcing agency, and any local building
16 code administrator, inspector, or other official or entity
, may
17 not require as a condition of issuance of a one- or two-family
18 residential building permit the inspection of any portion of a
G
19 building, structure, or real property that is not directly
20 impacted by the construction, erection, alteration,
Aa
21 modification, repair, or demolition of the building, structure, 2
4
22 or real property for which the permit is sought .
23 (b) This subsection does not apply to a building permit 1
24 sought for:
25 1 . A substantial improvement as defined in s. 161.54 or as
26 defined in the Florida Building Code.
27 2 . A change of occupancy as defined in the Florida
28 Building Code.
Page 1 of 3
CODING: Words stricken.are deletions;words underlined are additions.
hb0407-02-er
a
Q
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CS/HB 407 2011 Legislature
29 3. A conversion from residential to nonresidential or
30 mixed use pursuant to s. 553.507 (2) (a) or as defined in the
31 Florida Building Code.
32 4 . An historic building as defined in the Florida Building
33 Code.
34 (c) This subsection does not prohibit a local enforcing
35 agency, or any local building code administrator, inspector, or
36 other official or entity, from:
37 1. Citing any violation inadvertently observed in plain
38 view during the ordinary course of an inspection conducted in
39 accordance with the prohibition in paragraph (a) .
40 2 . Inspecting a physically nonadjacent portion of a
41 building, structure, or real property that is directly impacted
42 by the construction, erection, alteration, modification, repair,
43 or demolition of the building, structure, or real property for
44 which the permit is sought in accordance with the prohibition in
45 paragraph (a) .
46 3 . Inspecting any portion of a building, structure, or
47 real property for which the owner or other person having control
48 of the building, structure, or real property has voluntarily
49 consented to the inspection of that portion of the building,
50 structure, or real property in accordance with the prohibition
51 in paragraph (a) .
52 4. Inspecting any portion of a building, structure, or
53 real property pursuant to an inspection warrant issued in
54 accordance with ss. 933.20-933. 30.
55 (d) This subsection is repealed upon receipt by the
56 Secretary of State of the written certification by the chair of
Page 2 of 3
CODING: Words stfiskep-are deletions;words underlined are additions.
hb0407-02-er
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CS/HB 407 2011 Legislature
57 the Florida Building Commission that the commission has adopted
58 an amendment to the Florida Building Code which substantially
59 incorporates this subsection, including the prohibition in
60 paragraph (a) , as part of the code and such amendment has taken
61 effect. •
62 Section 2 . This act shall take effect July 1, 2012 .
4
R4
0
s'Ks
A
Page 3 of 3
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hb0407-02-er
4
•
s� BBaISI.T '%v
•
' ILL napalm=ofekot EdSeem y
Iteglon
w
3003 d mbiaelfdter Road
Atlanta,Gs 3034I
FEMA
r ECE IVED
October 14,2011
Ms.Christine Hurley,AICP OCT 2 1 2011
Growth Maaagennet Division Director
2798 Overseas Highway,Suite 400
Marathon,Florida 33050 GAGEllitir DIMON
Deer Nis.Hurley:
This letter is in response to your proposal,dated August 16,2011,to outline ltaw Monroe
County will continue to comply with the ongoing pilot n8 mg fit won procedure and the National
Flood Insuhtance Program(NFIP)regulations,and with the recent passage ofthe State of Florida
House B7.1407,which p chibits the Comity from requiring an inspection of other areas that are
• ,j building nit: This not the subject ofthe boil ' legislation prohibits the County from inspecting
lower level enclosures upon application for a building permit ifthe enclosure is not directly
impacted by the proposed work. To mahitain County's continued eligibility in the NPIP,you
proposed two alternatives to the inspection programs the Coun y eunently conducts: 1)the
Inspection on Transfer Program;and 2)the Certificate of Compliance Program.
The Inspection on Transfer Program is intended to provide an opportunity to record and monitor
properties with lower level cnclosu es that have not received a County compliance inspection
prior to the sale or tenter of the property. You stated that this inspection is not intended to be
used to idety or prosecute any other uaiper itted improvements that are not subject to the
fioodplain regulations,and that structures would not have to be brought into compliance prior to
the transfer. The approach is an effective part of a compliance progrew,however,we would
recommend strengthening this process to include closer monitonns or,attaching a compliance
agreement that the buyer would sign as a condition of sale alienator. Of particular concern is
that once these properties are transferred,Monroe County would have limited opportunities to
gam compliance ueatii the property was transferred or sold again,or was
substantially damaged or
Despite passage of Florida House Bill 407,according to Title 44 of the Code of Federal
Regulations,Section 59.30(44 CFR 159.30),insurers will continue to send a notice to the flood
insurance policyholder that an inspection mport may be required for new or renewed flood
insurance policies. By participating in the NFJP and the plotinspec tlon program,Monroe
County has the responsibility to=forte the provisions in their flood damn*prevention
ordnance to bring insured and non-insured buildings with noncompliant lower level enclosures
below the"lowest floor"into compliance. PRIMA supports and encourages the County to require
a compliance inspection of lower level enclosures in the event of the sale or transfer of real
Prop ty
wwWfaats.gor
EXHIBIT "En•
The Certificate of Compliance Program will apply to all structures in Special Flood Hazard
Areas that have habitable areas below the lowest floor,but exclude those which received
• inspections through the pilot inspection procedure` We coaour with your assessment that the
Certificate of Compliance Program will foster apositive real estate market condition,and will
assure fiuteme buyers that the scene is compliant. Additionally,sellers,real estate agents,and
other property owners,would be more lately to request mspec ions and correct violations to
alleviate any future obstacles to t i the property. This approach has been highly
successful in assisting other NYE communities gain compliance related to limitations on •
residential inspections and we strongly support this dinxtion. We also support recording with
the County a"Notice of NonConveraion"to new construction and to structures that are brought
into compliance. FNMA supports the Certificate a Compliance Program as amethod for
Monroe County to fulfill its obligations according to 44 CPR§59.30 to bring uninsured
structures into compliance.
Should you or your stuff have any questions or need further clarification on the Monroe County
mapecbonprogram,please contact Fused Tumuli of our beligatiOn staff at MO)2204841 or at
pcesedinmula@dhs.gov.
Sincerely, . .
IC' ..C*9""Q)4*( 41304•A
Brad G.Lour,Ci?M
Director
Mitigation Division
tarn 13�IS�t i�><r .
"; j3OARD OF COUNTY COMMISSIONERS
,!• - L,;,1. -1'--- Mayor David Rice,District 4
�R 7, MC
UNTY oMON ROE ,,� z., . 4 Heather Carruthers,District 3
KEY WEST FLORIDA 33040 •' '_•r .;;; George Neugent, Distrct 2
(305)294-4641 C �` ' , r' Sylvia J.Murphy, District 5
Monroe County
Board of County Commissioners
Office of the County Administrator :: :_ 'Cn_\
The Historic Gato Cigar Factory / \
1100 Simonton Street,Suite 205 i \\
Key West,FL 33040. 1 ,��
(305)292-4441-Phone `'-. ' _ _= r
(305)292-4544-Fax -, '
January 12,2012
Mr. Brad G. Loar,CFM,Director
Mitigation Division
U.S.Department of Homeland Security
FEMA Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341.
Dear Mr.:Loar . . -
Enclosed please find a copy of Resolution 440-2011 for the amending of Exhibit 1 of Resolution No.
152-2003 of the Board of County Commissioners of Monroe County approving a 2011
Implementation Plan for the Flood Insurance Inspection and Compliance Program for submittal to
the Federal Emergency Management Agency,which was passed and adopted by the Monroe County
Board of County Commissioners on December 14,2011.
If you have any questions, please don't hesitate to contact my office at(305) 292-4441.
Sincerely,
,9_
Roman Gastesi,Administrator:
Monroe County,Florida
Enclosure .
Cc: Monroe County Board of County Commissioners
Christine Hurley, Growth Management Director, Monroe County
Suzanne Hutton, County Attorney, Monroe County
•
• s
RESOLUTION 440 -2011
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 152-2003 OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A 2011 IMPLEMENTATION
PLAN FOR THE FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM FOR
SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the Board of County Commissioners("BOCC") adopted Resolution No. 152-2003 on
April 16, 2003, approving a revised remedial plan for submittal to the Federal Emergency Management
Administration (FEMA), called the "Revised Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program"to meet one of the requirements Identified in a letter from FEMA's
Region IV Director,dated January 14, 2002; and,
WHEREAS,the"Revised Implementation Plan for Monroe County Flood Insurance Inspection
and Compliance Program"was subsequently approved by FEMA;and,
WHEREAS, the State of Florida Legislature adopted House Bill 407 (attached as Exhibit 2)that
has rendered Section 1 of Exhibit 1 of Resolution 152-2003 "Actions to Ensure No New Additional
Non-conforming Structures", concerning inspection of a downstairs enclosure prior to issuance of a
building permit unenforceable; and,
WHEREAS, Monroe County received confirmation from FEMA officials that if House Bill 407 was
passed by the Florida Legislature, FEMA would consider an alternative replacement remedial action to
continue to assure the County is working toward the elimination of illegal enclosures below base flood
elevation;and
WHEREAS, the Growth Management Division staff is preparing draft amendments to the
County's floodplaln regulations in accordance with the new implementation plan;
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA:
Section 1.The BOCC hereby adopts Exhibit 1 attached hereto"2011 Implementation Plan for
Monroe County Flood Insurance Inspection and Compliance Program".
Section 2.The County Administrator is directed to expeditiously transmit this Resolution and
attached exhibit to the Region IV Office of FEMA.
Section 3. The Growth Management Division staff is directed to prepare new amendments to the
County's floodplain regulations based on Exhibit 1 and continue the process for consideration of these
text amendments.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the 14"'day of December, 2011, ^, .71
Mayor David Rice Yes •
: -' T1
Mayor Pro Tem Kim Wigington Yes -
Commissioner Heather Carruthers Yes a
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes • _ -o
ro rn
BOARD OF COUNTY COMMISSIONERS "- N o
•
( .S$ QUNTY
ti� y TV to
° A L. KOLHAGE,CLERK •
\44$.'44-`... y
puty Clerk Mayor Davi ce
MON_e
OUNS AFTTORNEY
•Date:
�wiJ rai r"
l
EXHIBIT 1
2011 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002,the Growth Management Division staff submitted a complete list
of the names and addresses of owners(policy holders provided by FEMA)of all
structures less than four years old that may contain possible violations of the County's
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
(FEMA/NFIP).
In June, 2002,the County Growth Management Division staff began submitting monthly
to FEMA/NFIP,the names and addresses of approximately-50 owners(policy holders)of
structures with possible conflicts with violations of the County's floodpiain regulation.The
compiled lists are being sent to FEMA, starting with the newest structures working back
through to the oldest structures. In November,2010,the last of the policy holders were
submitted to FEMA/NFIP and the County's Building and Code Enforcement staff is
conducting inspections and implementing the Flood Insurance Inspection and Compliance
Program as outlined in the Federal Register.
o In addition to the Floodplain Compliance program in the Federal Register, the County has
developed two additional Floodplain Compliance Programs to gain compliance with
Floodplain regulations:
1. Inspection on Transfer Program; and
2. Certificate of Compliance Program
Remediatlon of Non-conforming Structures Induding Those Older than Four Years
There is no 4 year bar of prosecution for structures that do not meet floodplain regulations,that did not
receive permits and were constructed illegally and therefore, Monroe County shall enforce floodplain
requirements for any structure that has been constructed or improved without benefit of a permit or
approval from Monroe County to the greatest extent enforceable by law.
Actions to Ensure No New Additional Illegal Structures
o The County through Its County Growth Management Division will implement the following
actions, consistent with the Florida Statutes,to ensure that any new conflicts between
the way structures were originally permitted and with the floodplain regulations are
resolved timely:
1) Inspection on Transfer of Ownership Program, Maintain the existing floodplain
regulations and appropriate sections of the County Code to require that any
residential structure having a downstairs enclosure with an opaque wall covering
have a County compliance inspection prior to transfer of property;and to provide •
that such inspections required prior to the transfer of property can be conducted, at
the discretion of the property owner, by either the County staff or a registered
architect or professional engineer. [The requirement for an Inspection prior to the
transfer of property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer.The sole intent of this
inspection is to provide information for recording and monitoring improvements to
1
•
•
downstairs endosures subject to the County's floodplain regulations.This inspection
is not intended to be used to Identify or prosecute any other unpermitted
improvements that are not subject to the floodplain regulations.]
2) Maintain the existing floodplain regulations to allow the expansion or structural
alteration of the elevated portion of any residential structure non-conforming with
the floodplain regulations contingent upon the following conditions as appropriate:a)
the improvement is not substantial as defined under the floodplain regulations; b)a
pre-permitting inspection is completed by the County to document the extent of the
non-conformity; and,c) if within a"V"zone,the submittal of a professional
engineer's or registered architect's sealed certification that the non-conforming
improvements to the downstairs enclosure do not subject the elevated portion of the
structure to increases structural damage.
3) Certificate of Compliance Proaramt Amend the existing floodplain regulations to
implement a Certificate of Compliance Program induding:
a. Obtaining data from the Monroe County Property Appraiser which will
identify all single family residences which contain endosures that are
identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received
inspections via the pilot program,transfer of ownership program,or the
previously applicable inspection on building permit program,and been made •
compliant.
b. The remaining property owners will be notified via mail that an inspection is
required in order to verify compliance with the Monroe County Floodplain
Ordinance.
c. Once the owners obtain this inspection, and are compliant,they will receive
a Certificate of Compliance. This is a proactive opportunity for property
owners to receive evidence that they have a compliant structure which will
create a positive market condition. If an owner has a non-compliant
structure,they will be notified of all the required corrections to the enclosure
to become compliant with the permit authorizing the construction, OR the
violation will be forwarded to the Code Compliance Department for
prosecution.
d. Once a property is compliant, the County will provide a non-conversion
agreement(with a corresponding drawing attached)to be signed by the
property owner and recorded by the county in the County land records so
buyers of properties understand what has been approved for areas below
base flood elevation.
e. This non-conversion agreement will provide protection to future buyers
through title work. Every two years an updated potential ground floor
endosure list will be reviewed, and any changes to the Property Record that
2
Indicate illegal construction below base flood elevation will go through the
inspection process outlined above again.
f. The County may also consider obtaining a list of all properties that have
transferred ownership and any such property that failed to obtain the
required Inspection will be contacted for inspection.
g. New construction that contains any type of below base flood elevation
enclosure,will be required to record a"Notice of Non-Conversion"to the
property,which should alleviate this problem in the future.
4) Conduct required Inspections of downstairs enclosures as stipulated in Actions #1 -
#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulations,for properties developed after the Flood Insurance Rate Maps
were implemented,through code enforcement and the normal permitting process,
including prosecution of owners of structures,where property tax records and/or
evidence from inspections provide probable cause of a violation. •
6) Request that FEMA provide the County with a"Submit to Rate"for any applications
for new flood insurance policies on previously uninsured properties with a possible
violation, so that the County may pursue compliance under code enforcement
proceedings,or through a Section 1316 declaration.
7) Maintain existing floodplain regulations to only allow enclosing with opaque materials
of downstairs enclosures of 299 square feet or less in area.
8) Request the Monroe County Appraiser to provide the County Growth Management
Division with an annual update by residential property owner from the County
property tax records of the changes in the habitable floor area of downstairs
enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and compliance
program a list of all structures that fail to come into compliance and submit a
quarterly progress report to FEMA beginning July,2003.
10) Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by
July 1,2012,and if necessary,develop and Implement further remedial actions with
FEMA's approval,to ensure enforcement of the County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement the above
program.
3
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CS/HB 407 2011 Legislature
1 A bill to be entitled .
2 An act relating to residential building permits; amending
3 s. 553.79, F.S.; prohibiting local enforcing agencies and
4 building code officials or entities from requiring certain
5 inspections of buildings, structures, or real property as
6 a condition of issuance of certain residential building
7 permits; providing for application; providing for
8 conditional repeal; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (17) is added to section 553.79,
13 Florida Statutes, to. read:
14 553.79 Permits; applications; issuance; inspections.-
15 (17) (a) A local enforcing agency, and any local building
16 code administrator, inspector, or other official or entity, may
17 not require as a condition of issuance of a one- or two-family
18 residential building permit the inspection of any portion of a
19 building, structure, or real property that is not directly
20 impacted by the construction, erection, alteration,
21 modification, repair, or demolition of the building, structure,
22 or real property for which the permit is sought.
23 (b) This subsection does not apply to 'a building permit
24 sought for:
25 1. A substantial improvement as defined in s. 161.54 or as
26 defined in the Florida Building Code.
27 2. A change of occupancy as defined in the Florida
28 Building Code.
Page 1 of 3
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hb0407-02-er
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CSJHB 407 2011 Legislature
29 3. A conversion from residential to nonresidential or
30 mixed use pursuant to s. 553.507(2) (a) or as defined in the
31 Florida Building Code.
32 4. An historic building as defined in the Florida Building
33 Code.
34 (c) This subsection does not prohibit a local enforcing
35 agency, or any local building code administrator, inspector, or
36 other official or entity, from:
37 1. , Citing any violation inadvertently observed in plain
38 view during the ordinary course of an inspection conducted in
39 accordance with the prohibition in paragraph (a) .
40 2. Inspecting a physically nonadjacent portion of a
41 building, structure, or real property that is directly impacted
42 by the construction erection, alteration, modification, repair,
43 or demolition of the building, structure, or real property for
44 which the permit is sought in accordance with the prohibition in
45 paragraph (a) .
46 3. Inspecting any portion of a building, structure, or
47 real property for which the owner or other person having control
48 of the building, structure, or real property has voluntarily
49 consented to the inspection of that portion of the building,
50 structure, or real property in accordance with the prohibition
51 in paragraph (a) .
52 4. Inspecting any portion of a building, structure, or
53 real property pursuant to an inspection warrant issued in
54 accordance with ss. 933.20-933.30.
55 (d) This subsection is repealed upon receipt by the
56 Secretary of State of the written certification by the chair of
Page 2 of 3
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hb0407-02-er
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CSIHB 407 2011 Legislature
57 the Florida Building Commission that the commission has adopted
58 an amendment to the Florida Building Code which substantially
59 incorporates this subsection, including the prohibition in
60 paragraph (a) , as part of the code and such amendment has taken
61 effect.
62 Section 2. This act shall take effect July 1, 2012.
Page 3 of 3
CODING:Words stnasken are deletions;words underlined are additions.
hb0407-02.er
Final Order No. DEO-12-063
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION -_ c m
ADOPTED BY MONROE COUNTY -"
ORDINANCE NO. 010-2012 - CD
.70
FINAL ORDER '`.9cp
. - c
The Department of Economic Opportunity(the "Department") hereby issues its Final
Order,pursuant to § 380.05(6) and § 380.0552(9), Fla. Stat. (2011), approving a land
development regulation adopted by Monroe County Ordinance No. 010-2012 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the County on May 16, 2012, and rendered to the
Department on May 16, 2012.
3. The Ordinance amends Chapter 122, "Floodplain Regulations," of the County's
land development regulations, to ensure consistency with the U.S. Fish and Wildlife Service's
Biological Opinion and Reasonable and Prudent Alternative prepared for the Florida Keys, and
to ensure the County's continued ability to participate in the National Flood Insurance Program.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. § 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
1
•
Final Order No. DEO-12-063
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. § 380.05(6) and § 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principles:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
and beaches, wildlife, and their habitat.
8. The Ordinance is consistent with Policies 101.5.4, 101.8.11, 104.3.1(11), 217.1.4
and 217.1.5 of the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 010-2012 is found
to be consistent with the Principles for Guiding Development of the Florida Keys Area of
Critical State Concern, and is hereby APPROVED.
2
Final Order No. DEO-12-063
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
)416:4;
;._, J. Thomas Beck, AICP
"Director, Division of Community Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
3
Final Order No. DEO-12-063
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 107 EAST
MADISON STREET, MSC 110, TALLAHASSEE, FLORIDA 32399-4128.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE
AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and c rrect copies have been furnished
to the persons listed below by the method indicate thiirroray of May, 2012.
,torl_ Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
4
Final Order No. DEO-12-063
By U.S. Mail:
Honorable David Rice, Mayor Danny L. Kolhage
Monroe County Clerk to the Board of County Commissioners
2798 Overseas Highway, Suite 400 Monroe County
Marathon, FL 33050 500 Whitehead Street
Key West, FL 33040
Christine Hurley Derek Howard, Assistant County Attorney
Growth Management Director 1111 Twelfth Street, Suite 408
2798 Overseas Highway, Suite 400 Key West, FL 33040
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
David L. Jordan, Assistant General Counsel, DCA Tallahassee
5
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 ��couNr,co1ll PLANTATION KEY
KEY WEST, FLORIDA 33040 i
. . � a GOVERNMENT CENTER
TEL. (305) 294 -4641 i * , 1� ' * ■ i 88820 OVERSEAS HIGHWAY
Fax (305) 295 -3663
• ; .'ov PLANTATION KEY, FLORIDA 33070
q`4 � a = TEL. (305) 852 -7145
BRANCH OFFICE: \ 1 t't c"` FAx (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAx (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
May 29, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 79.21
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 010 -2012 amending Chapter 122 of the Monroe County Code concerning
Floodplain Regulations to: create Certificate of Compliance Program, while simultaneously
eliminating the inspection of downstairs enclosure upon permit application (Monroe County
Code Section 6 -107) providing for new definitions of illegal structures and non - conforming
structures, redefining the definition of limited storage, market value, substantial damage,
substantial improvement, clarifying the date County implemented maximum size of downstairs
enclosure to be 299 square feet (4/12/04), define how vented garage doors work, define storage
items and eliminated value of accessory structure, refine variance procedures and clarify the
purpose and process for inspection of residential structure upon real estate "sale ".
Ordinance No. 011 -2012 amending Section 138 -27, Administrative Relief and 138 -5,
Administrative Relief, of the Monroe County Land Development Code, precluding the granting
of administrative relief in the form of the issuance of a building permit for lands within the
Florida Forever targeted acquisition or Tier 1 land areas unless, after 60 days from the receipt of
a complete application for administrative relief, it has been determined the parcel cannot be
purchased for conservation purposes by any county, state or federal agency or any private entity.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on May 16, 2012. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: County Attorney via e - mail
Growth Management
File
cc: County Attorney via e - mail
Growth Management
File
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Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley- susan @monroecounty- fl.gov>
Sent: Tuesday, July 31, 2012 2:26 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3
****THIS I S AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 3
Adopted Recorded
Document Date Recorded Format
Ordinance No. 010- 5/16/2012 7/26/2012 PDF
2012
Ordinance No 016- 6/20/2012 7/9/2012 PDF
2012
Ordinance No. 017- 7/18/2012 7/26/2012 PDF
2012
Ordinance No 018- 7/18/2012 7/31/2012 PDF
2012
Ordinance No 019- i
2012 7/18/2012 7/31/2012 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
8/6/2012