Item D2 Chapter 122Monroe County Comprehensive Plan Update
Chapter 122 FLOODPLAIN MANAGEMENT
Sec. 122 -1. Purpose and Untent.
(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 result in increases 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 filling, grading, dredging and other development that may increase erosion or
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;
(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 BOCC deem 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 BOCC 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 beaF& that the provisions of this chapter be strictly
adhered to in all areas of special flood hazard within the jurisdiction of the unincorporated
areas of the county.
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Sec. 122 -2. General provisions.
(a) Applicability. Except as provided for the elevated portion of a nonconforming residential
structure by sSection 122- 4(a)(10), no structure or manufactured home hereafter shall be located,
extended, converted or structurally altered, and no development shall occur, without full
compliance with the terms of this chapter in addition to other applicable regulations, including,
but not limited to, 44 CFR 603(a)(2).
(b) Basis for Establishing Special Flood Hazard Maps; Species Focus Area Maps (SFAMs) with
Species Focus Area Buffers and Federally Protected Species Area Real Estate (RE) List; and
Species Assessment Guides (SAGs).
(1) The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in its February 18, 2005 Maps 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 bBuilding
dDepartment. 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.
(2) Species focus area maps (SFAMs) with Species focus area buffers and species real
estate (RE) list. FEMA and the U.S. Fish and Wildlife Service (FWS) have provided the
species focus area maps (SFAMs) mailed to Monroe County and dated April 30, 2011,
and a listing of real estate numbers of parcels (RE list) emailed to Monroe County and
dated November 18, 2011, that are within the SFAMs and that have been identified by
FWS. The SFAMs and the RE list that are within the SFAMs identified by the FWS in
accordance with the biological opinion, dated April 30, 2010, as amended December 14,
2010, are hereby declared to be a part of this chapter. The SFAMs and RE list are on file
at the Monroe County Clerk's office and the Monroe County Planning & Environmental
Resources Department Growth Management Divisien Ooffice.
(3) Species assessment guides (SAGS). FEMA and FWS provided the May 20, 2012
species assessment guides (SAGs) to Monroe County and Monroe County adopted these
SAGs on September 13, 2012. FEMA and the FWS provided revisions of the SAGs to
Monroe County on July 29, 2013. Permits applications submitted after February 17.
2014, the effective date of this ordinance, shall be reviewed utilizing the July 29, 2013
FWS/FEMA SAGs. These SAGs are declared to be a part of this chapter. The SAGs are
on file at the Monroe County Clerk's office and the Monroe County Planning &
Environmental Resources Department o ffice.
(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 bBuilding eOfficial. In interpreting
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other provisions of this chapter, the hBuilding eOfficial 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 BOCC bear-d of ee
Additionally, the bBuilding oOfficial shall also obtain, review and
reasonably use any base flood elevation and floodway data available from a federal, state or
other sourceos�, as criteria for requiring that new construction, substantial improvements, and
other developments meet the criteria required in the appropriate flood zone.
Sec. 122 -3. Permit r-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:
Adjacent to contiguous native habitat means an area of native habitat sharing a
boundary at one or more points of intersection with other native habitat. For purposes
of this land development code, an intervening road, right -of -way or easement shall not
destroy the adjacency of the habitat. However, U.S. 1, canals and open water shall
constitute a break in adjacency.
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, clearing, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment or
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 or other purposes.
Existing construction means structures for which the start of construction commenced
before January 1, 1975. Existing construction is also know as pre -FIRM structu
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Existing manufactured home park means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of the streets, and either final site grading or the pouring of concrete pads
is completed before 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:
(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.
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Limited storage means 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 l�Building eOfficial considers such appraisal
consistent with local construction costs. Where appraisal is not accepted because it
appears to be inconsistent with local construction costs 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 January 1, 1975. New construction is also knows as post -FIRM structures.
Nonconforming structure means a below base flood elevation structure or a portion
thereof (such as an enclosure, materials with no openings, flood resistant materials),
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 terms of this
chapter.
Notice to proceed means written authorization by the county growth management
division to the permittee authorizing permitted development to begi
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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) includes substantial
improvements, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement was within 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. The actual start means either the first placement of permanent
construction of a structure on a site; such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of the main structure.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to 4.9-it's 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 percent 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 may be
excluded from the cost to repair include plans, specifications, survey costs, permit fees,
and other items which are separate from the repair. Items that may also be excluded
include demolition or emergency repairs (costs to temporarily stabilize a building so
that it's safe to enter to evaluate and identify required repairs) and improvements to
items outside the building, such as the driveway, septic systems, wells, fencing,
landscaping and detached structures.
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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:
(a 4-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 bBuilding eOfficial and which are the minimum necessary to
assure safe living conditions; or
�-2-.-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
(D_a appropriate regulatory official such as a bBuilding eOfficial, Effie
Marshal, or hHealth &Officer was informed about and knows the extent of the
code related deficiencies, and
LZLb—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; or
(cl 3 -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.
The basic types of improvements the could be made to structures include but are not
limited to 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
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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. If the proposed
lateral addition also includes rehabilitation or remodeling of the existing building, then
the whole project as a combination of work must be considered. 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 eChapter 6, the hBuilding eOfficial shall
require building permits /floodplain development 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 hBuilding eOfficial.
(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 hBuilding eOfficial 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 hBuilding eOfficial shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall be corrected by the permit
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holder immediately and prior to further progressive work being permitted to proceed. 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. 1224. Standards for }Issuance of 4Building fl !ermits in e of *Special Mood
hHazard.
(a) Generally.
No building permit for proposed construction or development activity within an area of
special flood hazard shall be granted, by the 4Building eOfficial 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 4Building eOfficial /dDirector.
(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 contaminat from them during flooding.
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(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.
(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 tide.
(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 gGGrowth
ffiManagement dDivision 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.
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a. New construction and substantial improvement of any residential structure shall have
the lowest floor for zones Al -30, AE and AH or bottom of the lowest supporting
member of the lowest floor for zones V 1 -30, VE or V elevated at or above the base
flood elevation level.
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.
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:
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)(I )d. l .; 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 zone 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
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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.
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., and 122 4(b)(4). of
this section.
7. The area enclosed below the base flood elevation shall not be used for human
habitation.
8. 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
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provided to the hBuilding dDepartment. 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.
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 hBuilding Qafficial 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.
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 Ssection (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;
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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 (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.
(4) Manufactured homes.
a. Effective June 1, 1977, no manufactured home not already in place shall be placed
within areas of special flood hazard except in an existing manufactured home park or
subdivision, as hereafter defined. In the event that the Federal Emergency
Management Agency eliminates the existing manufactured home park or subdivision
requirement of 44 CFR 60.3(c)(12), then no manufactured home may be placed below
the base flood elevation.
b. A manufactured home that is to be placed on a qualified lot may be placed at an
elevation below base flood elevation provided that:
1. The lot on which the manufactured home is to be placed is located in an existing
manufactured home park or subdivision and is contiguous to and surrounded by
manufactured homes not at base flood elevation.
2. The manufactured homes that are placed or substantially improved (for other than
substantial damage due to a flood) on sites in existing manufactured home parks
or subdivision in flood hazard areas shall be elevated so that the manufactured
home chassis is supported by reinforced piers or other foundation elements that
are no less than 36 inches in height above the grade at the site. A lower
foundation system could be used if the top of the finished floor of the
manufactured home or the bottom of the beam (for V zones) would be at or above
the base flood elevation using such foundation.
3. All other foundations requiring elevation of the structure in order to meet the
floodplain standards must comply with Ssection 122 -3(b), the provisions of
subsection (b)(5) of this section or c-Chapter 18 of the Florida Building Code
whichever is applicable.
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No solid walled additions may be added to a manufactured home unless the addition
is constructed under HUD (Department of Housing and Urban Development)
standards and contains a HUD seal or the addition is elevated to or above the base
flood elevation. Solid walled additions elevated to or above the base flood elevation
must be constructed with fourth wall construction, or certified by an engineer or
architect licensed by the state.
d. Screen rooms, open decks and porches may be added to a manufactured home
provided the addition is structurally independent and constructed with fourth wall
construction.
All manufactured homes and state approved manufactured offices or construction
trailers for temporary use shall be anchored to resist flotation, collapse and lateral
movement by providing over - the -top and frame ties to ground anchors as provided for
in F.A.C. Chapter 15C.
f. An existing manufactured home that is damaged or otherwise in need of repair,
reconstruction, improvement, or replacement the value of which meets or exceeds 50
percent of the value of the manufactured home without the repair, reconstruction,
improvement or replacement shall not be repaired, reconstructed, improved or
replaced except by a manufactured home which meets the most recent standards
promulgated by the Department of Housing and Urban Development in 24 CFR
3280.308(C)(2) and, in addition, meets the standards set forth in subsections (b)(4)b.,
(b)(4)c., and (b)(4)d. of this section, as applicable. For the purposes of determining
the value of any replacement manufactured homes under this section, the purchase
price, as expressed in an invoice from an arm's length transaction, in a form
acceptable to the hBuilding Oefficial, or using market value, as determined in section
122 -3(f), whichever is greater, shall control.
g. A manufactured home may be altered or modified by engineering standards more
stringent than originally required if the manufactured home is elevated to or above the
required base flood elevation.
(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 VI-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
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to wash away in the event of abnormal wave action and in accordance with the
provisions of sSections 122 -4 (b)(5)g., (b)(5)h. and (b)(5)1.
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 sSections 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
sSections 122- 4(b)(I )d. I., (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 hBuilding eofficial or his
designee for approval.
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 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 sSection 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 sSections
122- 4(b)(5)g. and (b)(5)i. of this section.
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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 sSection 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 iffManagement r-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 Division of A
,irant ree uests for variances from the terms of those provisions as will
not be contrary to the public interest, will be in harmony with the general purpose and intent
of this chapter, and will be the minimum variance that will allow reasonable use of the
property-
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(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 hBuilding dDepartment at the time of
application for a building permit.
(2) Within ten 10 days of receipt of a complete application for a variance from the terms of
the floodplain management provisions of this chapter, the hBuilding eOfficial shall
review the application, and submit a report and recommendation to the _beaiA -e€
(3) The shall review the application and the re orts
and recommendations of the hBuilding eOfficial and the
application for variance in accordance with the administrative hearing_ process in Florida
under chapter 120, Florida Statutes and Florida Administrative Code Chapter 28 -106,
P-aus.1_ 11 eenditiens s e t f t h i t his s 12 - 1
(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;
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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,
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;
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 considers the propriety of
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
I )f ee•iffty ee i i 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.
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(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 bBuilding eOfficial shall maintain records of all variance actions and annually report
any variances to the Federal Emergency Management Agency.
Sec. 122 -6. Required Unspections of ipResidential *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 BOCC bea d of eeufft}
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.
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(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 bBuilding dDepartment 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 bBuilding
dDepartment 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
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 (44 CFR 59.30); however the Pilot
Inspection Program requires an independent inspection.
(h) If the results of the inspection identify illegal unpermitted improvements sSection 122 -4
applies when a building permit or special floodplain permit is sought by an applicant.
Sec. 122 -7. Floodplain eCerti6cate of eCompliance pErogram.
(a) Generally.
Any property owner who has obtained an inspection of his downstairs enclosure or structure
below base flood elevation through either:
(1) FEMA Insurance Inspection Program; or
(2) Inspection at time of sale; or
(3) 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
nonconversion 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
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been maintained and the owner must also record the nonconversion 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:
(1) 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.
(2) 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 base flood elevation
structures, to verify compliance with the Monroe County floodplain regulations. Owners
will also be notified that noncompliant structures may be subject to code compliance
proceedings.
(3) 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
noncompliant 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 sSection 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 nonconversion agreement (with a
corresponding drawing demonstrating the permitted improvements allowed below base flood
elevation attached to the agreement). The nonconversion 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) Noncompliant structures.
The county bBuilding eOfficial shall refer any noncompliant structures to the cCode
Ceompliance Ddepartment for enforcement through appropriate processes.
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(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.
Sec. 122 -8. Inclusion of United States Federal Emergency Management Agency (FEMA)
and United States Fish and Wildlife Service (FWS) Required Permit Referral Process
(PRP) in Final Permit Determinations for Development.
(a) Purpose and intent. It is the purpose of sSection 122 -8 to implement regulations that will
assure, consistent with the 10' Amendment to the U.S. Constitution, state and county
regulations, proper record retention, coordination, and notification of FEMA and FWS
regarding permit applications filed with or issued by Monroe County, inclusive of
FEMA/FWS requirements agreed to by the applicant.
(b) Lands to which this section apply. See sSection 122- 2(b)2.
(c) Rules for interpreting SFAMs. The boundaries of the flood hazard areas shown on the FWS
SFAMs may be determined by scaling distances. Required interpretations of those maps for
precise locations of such boundaries shall be made by the county pPlanning dDirector or
his /her designee, in consultation with the bBuilding eOfficial.
(d) Administration of development approval in species focus areas.
L!)_4—SFAM review required. For parcels or lots shown within the SFAMs in which an
application for development permit has been made, if the SFAM indicates the parcel or
lot contains only unsuitable habitat for any of the following species: Key Largo Cotton
Mouse, Key Largo woodrat, Key tree- cactus, Lower Keys marsh rabbit, Eastern indigo
snake, Key deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail,
and the parcel or lot is not listed on the RE list, the pPlanning dDirector or his/her
designee shall provide for a notation in the development application permit files that
indicates:
a. The name of the official that reviewed the development application for FWS
requirements;
b. The date of the review;
c. The date of the SFAM and RE list used to conduct the review.
Once the review has established that a parcel or lot contains unsuitable habitat, action
may be taken on the permit application for development by Monroe County staff.
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J212—FWS technical assistance permit requirements. For parcels or lots shown within the
SFAMs in which an application for a permit for development has been made including 1)
expanding the footprint of a structure; and/or 2) expanding clearing in habitat (including
native vegetation removal); and/or 3) placement of fencing into Key deer habitat, if the
SFAM indicates the parcel or lot contains suitable habitat for any of the following
species: Key Largo Cotton Mouse, Key Largo wood rat, Key tree- cactus, Lower Keys
marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rat,
and/or Stock Island tree snail, and the parcel or lot is listed on the RE list, the pPlanning
dDirector or his/her designee shall use the SAGs to determine whether a floodplain
development permit application requires:
a. Incorporation of FWS SAG requirements as conditions into the Monroe County
permit and the county may issue the permit, pursuant to all applicable codes; or
b. If, according to the SAGs, the proposed development needs technical assistance by the
service, the county may take action on the permit application for entry into ROGO or
NROGO and/or shall issue the permit in accordance with Chapter 2012 -205, Laws of
Florida, indicating a notice to proceed must be obtained prior to any construction,
removal of vegetation, or commencement of development, with a condition that:
1_� -The applicant seek and obtain technical assistance from the service; and
2_ji—The applicant obtain, prior to the issuance of the notice to proceed, all
applicable state or federal permits or approvals pursuant to sSection 122 -2(a); and
3. iii—In accordance with the Florida Building Code and Monroe County Ssection 6-
103(b), the permit shall expire after 180 days; and
4_}v -If the permit expires, the applicant shall be required to reapply for the permit.
For a floodplain development permit application that requires the services' technical
assistance, Monroe County shall provide the application to the service weekly. Based
on the services technical assistance, the applicant shall submit the FWS written
requirements to the county. If the applicant agrees to the FWS requirements, in
writing, Monroe County may then issue a notice to proceed that includes the technical
assistance requirements, provided by the federal agency to avoid possible impacts on
federally listed (threatened or endangered) species, as conditions in the Monroe
County permit.
d. For a development permit application that requires mitigation and/or compensation
for adverse effects to native habitat, monetary compensation generated will be applied
to restoration and/or purchase of native habitat.
e. The county shall maintain an applicant acceptance form, of the service requirements,
in the permit file.
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f. For purposes of this chapter the notice to proceed shall be written authorization from
the Monroe County Growth Management Division to the permittee that the permitted
development activities may begin.
g. If the parcel is within an area previously covered by a habitat conservation plan, and
where that habitat conservation plan has expired at the time of development permit
application, the county shall apply this permit referral process, unless mitigation was
completed for the associated impacts.
h. If the property owner does not agree to the FWS technical assistance requirements to
be included in the development permit as conditions, the county shall not issue the
notice to proceed and shall rescind the previously issued development permit.
For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat
and Lower Keys marsh rabbit habitat, property owners shall agree to execute and
record a covenant restriction in favor of Monroe County which prohibits free ranging
cats. This requirement alleviates direct and cumulative loss of species habitat which
will not negatively impact the total number of new residential permits that may be
issued under Species Assessment Guides (SAGS).
(&-3— Provision for flood hazard reduction and avoiding impacts on federally listed
(threatened or endangered) species enforcement. All proposed development shall meet
the conditions established on the floodplain development permit and/or notice to proceed,
which includes FWS technical assistance requirements included as conditions on the
Monroe County development permits, to avoid possible impacts on federally - listed
species (threatened or endangered). Violation of this chapter, including any development
constructed not in accordance with the FWS requirements, included as conditions on the
Monroe County development permit, derived through use of the SAGs or through
technical assistance by FWS, are hereby deemed to be violations of the County Code and
may be enforced utilizing the administrative enforcement procedures set forth in
Cehapter 8, Monroe County Code of Ordinances. Further, sSection 118 -11 shall be
utilized to require environmental restoration standards.
(4)__4.- Permit issuance for previously tolled allocations and annual allocation awards &Qm
the Rate of Growth Ordinance (ROGO)- aileeafiems, Non - Residential Rate of Growth
Ordinance (NROGO) allocations or building permits/floodplain development permits.
Building permits and allocations have been tolled under authority of Monroe County
Resolutions 420 -2005, 166 -2006, 185 -2007 and 219 -2008 and 282 -2011 as a result of the
injunction prohibiting FEMA from issuing flood insurance policies under the National
Flood Insurance Program which was imposed in the case of Florida Key Deer et. al.,v.
Fugate et. al., 90- 10037 -CIV- Moore.
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a. In order for those persons whose allocations or whose building permits were tolled to
be eligible for federal flood insurance and meet their obligations under the Federal
Endangered Species Act, the following is required:
a 1. Owners with allocations who do not need coordination with FWS after they are
processed through the permit referral process:
i_Have 180 days from the date of a county issued written notice to pick up
their building permits; or greater
ii. Have 300 days from the date of a county issued written notice, if there is
a need to redesign an onsite wastewater treatment system, to receive a
permit from the department of health (DOH) and pick up their building
permits.
2_b-- Owners with building permits who do not need coordination with FWS after
they are processed through the permit referral process:
4, i_Have 180 days from the date of a county issued written notice, to
recommence development and receive a passed inspection; or
2---ii. Have 300 days from the date of a county issued written notice, if there is
a need to redesign an onsite wastewater treatment system to receive a permit
from the DOH, recommence development and receive a passed inspection.
Vie- Permit issuance for Annual allocation awards from the Rate of Growth Ordinance
(ROGO). Non - Residential Rate of Growth Ordinance (NROGO) allocations. Permit
applications processed through the permit referral process that result in a "may affect
determination" for the proposed development through the application of the species
assessment guides which require the permittee to coordinate with FWS shall have a total
of 360 days from the date of a county issued written notice to conclude the required
coordination with FWS and pick up the building permit, and receive a notice to proceed
from Monroe County. This timeframe may be extended by the p !lanning dDirector if the
applicant submits a written request prior to the expiration of the allocation award and/or
the permit and the applicant eaft—affirmatively demonstrates that he has timely and
actively sought coordination.
Ohd-- Properties for which a permit has been issued and for which development has not
commenced will be required to be processed through the permit referral process. Permit
reviews that result in a "may affect determination" for the proposed development through
the application of the species assessment guides which require the permittee to coordinate
with FWS shall have a total of 360 days from the date of a county issued written notice to
conclude the required coordination with FWS, commence development and receive a
passed inspection from Monroe County. This timeframe may be extended by the
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pPlanning dDirector if the applicant can affirmatively demonstrate that he has timely and
actively sought coordination.
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