Item S08 S.8
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: S.8
Agenda Item Summary #11389
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
Public Hearing
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance
Approving Amendments to Monroe County Land Development Code Section 138-25, Application
Procedures For Residential ROGO, Section 138-28, Evaluation Criteria (ROGO), Section 138-52
Application Procedures For NROGO, and Section 138-55 Evaluation Criteria (NROGO); To
Require Updated Scores Based Upon the Updated FEMA Flood Insurance Rate Maps (FIRMS) and
to Require Plan Revisions Prior To Permit Issuance Demonstrating Full Compliance With the
Current Florida Building Code and the Updated FEMA FIRMS for Permits Requiring a ROGO or
NROGO Allocation.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department ("Department") is
proposing amendments to Section 138-25, Application Procedures for Residential ROGO, Section
138-28, Evaluation Criteria (ROGO), Section 138-52, Application Procedures for NROGO, and
Section 138-55, Evaluation Criteria (NROGO); to require updated scores based on the updated
Federal Emergency Management Agency ("FEMA") Flood Insurance Rate Maps ("FIRMs") and to
require applicants to submit plan revisions prior to permit issuance demonstrating full compliance
with the current Florida Building Code and the updated FEMA FIRMS, for permits requiring a
ROGO or NROGO allocation.
Updated FEMA FIRMS are the maps adopted subsequent to FEMA Flood Insurance study and the
accompanying FIRMS, dated February 18, 2005 (i.e., the current FIRMS).
The amendment is proposed to address:
1. The potential for flood zone changes within the updated FEMA FIRMS, and how a
potential flood zone change from an AE zone to a VE Zone, or vice versa, may affect a
ROGO or NROGO application score.
2. The potential for FEMA FIRM updates and the Florida Building Code updates while an
application is completing in the ROGO and NROGO process and ensuring the building
permit plans are revised to be in compliance with the current Florida Building Code and
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the adopted FIRM in effect.
The National Flood Insurance Program ("NFIP") is a federally-subsidized flood damage insurance
program administered by FEMA. Residents and business owners are eligible to purchase NFIP flood
insurance policies in communities that agree to regulate development in special flood hazard areas.
These special flood hazard areas are delineated by FEMA on FIRMS.
The NFIP makes federally-backed flood insurance available in those states and communities that
agree to adopt and enforce floodplain management ordinances to reduce future flood damage. These
regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical
assistance and training on NFIP requirements and mitigation measures. FEMA also has extensive
publications on the NFIP, including detailed guidance on mitigation measures that can minimize or
eliminate future flood damages.
Floodplain management is a community-based effort to prevent or reduce the risk of flooding,
resulting in a more resilient community. As provided by FEMA, meeting NFIP requirements is the
most cost-effective way to reduce the flood risk to new buildings and infrastructure. FEMA provides
tools and resources to help navigate NFIP requirements and implement higher standards of
floodplain management.
Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
requirements apply to areas mapped as Special Flood Hazard Areas ("SFHA") on FIRMS issued by
FEMA. The SFHA is the area that would be flooded by the "base flood" (defined as the flood that
has a 1 percent chance of occurring in any given year; also known as the "100-year flood").
The NFIP requirements include, but are not limited to:
• Elevation of new and substantially improved residential structures above the base
flood level.
• Elevation or dry floodproofing (made watertight) of new or substantially improved
non-residential structures.
• Prohibition of development in floodways, the central portion of a riverine floodplain
needed to carry deeper and faster moving water.
• Additional requirements to protect buildings in coastal areas from the impacts of
waves, high velocity, and storm surge.
FIRMS inform communities about the local flood risk and set minimum floodplain standards for
communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
change to reflect those risks, but property owners may be able to reduce premiums if they build their
home or business to be safer, higher, and stronger.
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The Florida Division of Emergency Management ("FDEM") serves as the State Coordinating
Agency of the NFIP to work with Florida's municipalities and counties to administer their local
flood damage reduction regulations. The State Floodplain Management Program ("SFMP") works to
promote and ensure sound land use development in floodplain areas in order to promote the health
and safety of the public, minimize loss of life and property, and reduce economic losses caused by
flood damages.
The State Floodplain Management Office ("SFMO") is a unit in the FDEM - Bureau of Mitigation.
Floodplain Management Specialists work with Florida's communities to help them successfully
manage development in flood zones. The SFMO provides/offers technical assistance to improve
administration of local floodplain management ordinances and the flood provisions of the Florida
Building Code and to monitor community performance to ensure compliance with the NFIP
development regulations in SFHAs.
The SFMO also coordinates and collaborates on the following activities:
• Map Modernization and FEMA Risk MAP priorities
• Integration of flood-resistant standards into the Florida Building Code
• Coordination with federal flood mitigation grant programs
• Integration of floodplain management concepts and tasks into multi jurisdictional
local mitigation strategies developed by counties and municipalities
• Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning
process
• Consultation with State agencies on state-owned facilities in special flood hazard
areas
• Training of local floodplain managers and building officials, in partnership with the
Florida Floodplain Managers Association (FFMA)
• Coordination with the Florida Dam Safety Program
• Partnerships with federal, state and local organizations pertinent to floodplain
management
In 2012, SFMO developed a Model Floodplain Management Ordinance for communities, written
explicitly to rely on the flood provisions in the Florida Building Code. FEMA approved the Model
Floodplain Management Ordinance in 2013.
Since the 2010 edition, the flood provisions of the Florida Building Code ("FBC') meet or exceed
the minimum NFIP requirements for buildings and structures. Nearly all Florida communities
administer local floodplain management ordinances that are written to rely on the FBC to meet the
NFIP requirements.
Over the past 10 years, FDEM has worked with nearly all of Florida's 468 NFIP communities to
transition to the Model Floodplain Management Ordinance, providing assistance, to tailor the model
as appropriate for each community. At this time, 10 communities, including Monroe County, are
still preparing the required amendments to their existing regulations.
The professional staff have worked with FDEM to prepare amendments to Chapter 6 of the Monroe
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County Code, and to the County's Floodplain Management Ordinance (Ch. 122 of the Code), which
are necessary to be consistent with the Florida Building Code, FEMA provisions, incorporate
FDEM's Model Floodplain Management Ordinance, continue to fulfill the NFIP requirements, and
adopt amendments for local higher floodplain standards. Additionally, the updates will allow the
County to continue to meet and improve the requirements and activities of the Community Rating
System ("CRS").
In summary, the County is proposing the following connected amendments:
• Update Land Development Code Chapter 122 to be consistent with the State of Florida
(FDEM) Model Floodplain Management Ordinance, include updated FEMA policies,
explicitly to rely on the flood provisions in the Florida Building Code and to eliminate
obsolete or unnecessary regulations.
o Amendments does not include any updated FIRM maps. Maintains the 2005
FIRMS.
o Amendments to Code Chapter 122 are critical for FDEM to deem the County's
Floodplain Management Ordinance compliant with NFIP requirements and for the
County's next CRS verification.
• Update Code of Ordinances Chapter 6 to be consistent with the Florida Building
Code and adopt amendments for local hither floodplain standards,including:
o Shifting local higher floodplain standards from Chapter 122 to Chapter 6
(for example, 299 sq. ft. downstairs enclosure limitation (also required by
Remedial Plan agreement with FEMA), and foundation requirements
[anchoring to rock]).
o Including technical amendments to the Florida Building Code for additional
local higher floodplain standards (for example, elevation certificate
requirements).
o Amendments to Code of Ordinances Chapter 6 are critical for FDEM to
deem the County's Floodplain Management Ordinance compliant with NFIP
requirement and for the County's next CRS verification.
o Full text of proposed/draft amendments is attached to this agenda item as the
proposed ordinance.
• Amend the Comprehensive Plan and Land Development Code to provide for an increase
to the maximum height of residential buildings, which would be available on the adoption
and effective date of updated FEMA Flood Insurance Rate Maps.
o The County is considering a maximum height limit of 40 feet (up to a maximum
of five (5) feet above the 35-foot height limit) in order to elevate to or maintain
the required elevation based on the Florida Building Code. Revisions shall not
result in a new building or a substantially improved building or a lawfully existing
building to exceed a maximum height of 40 feet.
o Amendment intended to address additional difference in elevation due to a change
in the updated FIRMS requiring the use of North American Vertical Datum of
1988 or NAVD88 (on average there is -1.5 foot conversion), potential increased
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base flood elevation requirements with the updated FIRM maps, and changes in
construction requirements based on revised base flood elevations.
• Amend Land Development Code Chapter 138 to require applicants to submit plan
revisions to prior to permit issuance, demonstrating full compliance with the current
Florida Building Code and the updated FIRM maps, for permits requiring an
ROGO/NROGO allocation.
o Establishing that all applications in or entering into the ROGO system on or after
the effective date of the updated FIRMS, shall have the application scores
reevaluated and updated based on the updated FIRMS.
Community Meetings and Public Participation
A Community Meeting was held on December 2, 2021, at 5:05 P.M., to provide for public input on
all of the proposed amendments listed above. There were six (6) attendees and five (5) County
professional staff members. In general, the comments provided for the proposed amendments are
summarized below:
• Question regarding substantial improvements and the scenario/types of improvements
that required elevation to the new design flood.
• Concerns regarding requiring 3 ft. of freeboard and this requiring a substantial number of
properties to be reviewed for substantial improvement/substantial damage concerns.
• Question of how the 35% insurance discount, derived from CRS participation, is applied.
• Question regarding the establishment of buoyancy calculation requirements for
swimming pools (note, this is not related to any proposed amendment).
• Question regarding the 299 ft. enclosure limit requirement.
A supplemental Community Meeting was held on January 20, 2022, at 3:00 P.M., to provide for
public input. There were six (6) attendees and 10 County professional staff members. In general, the
comments provided for the proposed amendments are summarized below:
• Question regarding swimming pool designs under houses (note, this is not related to any
proposed amendment).
• Question regarding fill in a V zone and about shoreline protection features and altering
shorelines in a V zone.
A second supplemental Community Meeting was held on February 3, 2022, at 5:05 P.M., to provide
for public input. There were four (4) attendees and five (5) County professional staff members. In
general, the comments provided for the proposed amendments are summarized below:
• A comment on the proposed foundation requirements in Ch. 6 to modify "geotechnical
engineer" to "a licensed engineer" and question regarding the source of the "minimum
embedment of 3 feet" requirement.
• Comments regarding maintaining the 299 ft. enclosure limit requirement.
• Comments regarding at-grade pool requirements (note, this is not related to any proposed
amendment).
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Development Review Committee and Public Input
On February 22, 2022, the Development Review Committee ("DRC") held a virtual meeting to
review the proposed amendments and receive public input.
Planning Commission and Public Input
The Monroe County Planning Commission ("Planning Commission") considered the proposed
amendment at a regular meeting on March 23, 2022, provided for public input and recommended
approval (Planning Commission Resolution No. P11-22).
The request in this agenda item includes a professional staff report whose subject is the
proposed amendments to the ROGO and NROGO Sections of the Monroe County Land
Development Code ("LDC" or "Code"). The related proposed amendments are to be
considered for adoption as a separate public hearing agenda items at the same meeting.
Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are critical for FDEM
to deem the County's Floodplain Management Ordinance compliant with NFIP and for the
County's next CRS verification in 2023.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance - Backup Word Version
2019-094 Staff Report BOCC 11.15.22
Ordinance - Stamped-and-Signed
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
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Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 11/01/2022 2:07 PM
Peter Morris Completed 11/01/2022 4:25 PM
Purchasing Completed 11/01/2022 4:29 PM
Budget and Finance Completed 11/01/2022 4:32 PM
Brian Bradley Completed 11/01/2022 4:33 PM
Lindsey Ballard Completed 11/01/2022 4:39 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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3 , E
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO MONROE 0
12 COUNTY LAND DEVELOPMENT CODE SECTION 138-25,
13 APPLICATION PROCEDURES FOR RESIDENTIAL ROGO, SECTION 0
14 138-28, EVALUATION CRITERIA (ROGO), SECTION 138-52,
15 APPLICATION PROCEDURES FOR NROGO, AND SECTION 138-55, 00
16 EVALUATION CRITERIA (NROGO); TO REQUIRE UPDATED SCORES
17 BASED ON THE UPDATED FEMA FLOOD INSURANCE RATE MAPS U
18 AND TO REQUIRE PLAN REVISIONS PRIOR TO PERMIT ISSUANCE
19 DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT
20 FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD 2
21 INSURANCE RATE MAPS FOR PERMITS REQUIRING A ROGO OR
22 NROGO ALLOCATION; PROVIDING FOR SEVERABILITY; <
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
26 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
27 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
28 DATE.
29
30
31 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
32 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
33 welfare of the citizens of the Florida Keys and to strengthen our local government capability to CU
34 manage land use and development; and
35
36 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida u
37 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
38 health, safety, and welfare of the County's citizens; and
39
40 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
41 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
42 may be subject to periodic inundation which may result in loss of life and property, health and
43 safety hazards, disruption of commerce and governmental services, extraordinary public
44 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
45 affect the public health, safety and general welfare, and
46
47
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I WHEREAS, the Monroe County was accepted for participation in the National Flood
2 Insurance Program ("NFIP") on June 15, 1973 and the Monroe County Board of County
3 Commissioners desires to continue to meet the requirements of Title 44 Code of Federal
4 Regulations, Sections 59 and 60, necessary for such participation; and
5
6 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
7 administered by FEMA, enabling property owners in participating communities to purchase flood
8 insurance in exchange for the community's adoption of floodplain management regulations to
9 reduce future flood damages; and
10
11 WHEREAS,the participating communities floodplain management regulations must meet 0
12 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
13 CFR Part 59 and Part 60); and 0
14 U-
15 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate 00
00
16 Maps ("FIRMS") and a Flood Insurance Study ("FIS")report for Monroe County, FL; and
17 U
18 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and
19 Flood Insurance Study on June 11, 2021; and
20
21 WHEREAS, once FEMA reviews and processes all appeals,the agency will issue a Letter 0
22 of Final Determination ("LFD") and publish the final FIRMS; and <
23 a
24 WHEREAS,Monroe County is proposing amendments to ROGO and NROGO provisions .2
25 of the Land Development Code to require updated scores based on the updated FEMA FIRMS and >
26 to require applicants to submit plan revisions to prior to permit issuance demonstrating full
27 compliance with the current Florida Building Code and the updated FEMA FIRMS, for permits
28 requiring a ROGO or NROGO allocation; and
29
30 WHEREAS, the amendment is based on and will be triggered by the adoption and `U
31 effective date of updated FEMA Flood Insurance Rate Maps;which are the updated FEMA FIRMS
32 adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMS, dated
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33 February 18, 2005 (i.e., the current FIRMS); and
34
35 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and 4,
36 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
37 and
38
39 WHEREAS, on March 23, 2022, the Monroe County Planning Commission ("Planning
40 Commission") held a public hearing for the purpose of considering the proposed amendment and
41 provided for public comment; and
42
43 WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
44 P11-22 recommending approval; and
45
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I WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
2 ("BOCC", "Board", "Monroe County", or the "County") held a public hearing to consider
3 adoption of the proposed Land Development Code ("LDC" or "Code") text amendment,
4 considered the staff report, and provided for public comment and public participation in
5 accordance with the requirements of state law and the procedures adopted for public participation
6 in the planning process; and
7
8 WHEREAS, based upon the documentation submitted and information provided in the
9 accompanying professional staff report, the Monroe County Board of County Commissioners
10 makes the following factual and legal determinations:
11 0
12 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 2030 Monroe County Comprehensive Plan; and 0
14 2. The proposed amendment is consistent with the Principles for Guiding Development for �
15 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 00
00
16 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and V-
17 4. The proposed amendment is necessary due to new issues and the need for additional U
18 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
19 Code.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA: <
23 a
24 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and .2
25 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
26 herein.
27 0
28 Section 2.The text of the Land Development Code is amended as shown and stated herein..
29 Proposed Amendments are shown with deletions stfieke*�hr-ettg4 and additions are underlined.
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30
31 Sec. 138-25. -Application Procedures for Residential ROGO.
32
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33
34
35 (h) Expiration of allocation award. Except as provided for in this article, an allocation award 4,
36 shall expire when its corresponding building permit is not picked up after 60 days of
37 notification by certified mail of the award, or, after issuance of the building permit, upon
38 expiration of the permit or after failure of the applicant to submit required plan revisions by
39 the required date set forth in subsection (Ik) or after the failure to conclude the required
40 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
41 (i) Revisions of ROGO applications and awards.
42 (1)An applicant may elect to revise a ROGO application to increase the competitive points in
43 the application without prejudice or change in the controlling date if a revision is
44 submitted on a form approved by the Planning Director to the Planning and
45 Environmental Resources Department no later than 30 days following the Planning
46 Commission approval of the previous ROGO rankings. Any such revision shall not
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I involve changes to the approved building permit application. All other applications that
2 are withdrawn and resubmitted that do not increase the competitive points or involve
3 revisions to the approved building permit application shall be considered new, requiring
4 payment of appropriate fees and receiving a new controlling date.
5 (2)After receipt of an allocation award, and either before or after receipt of a building permit,
6 but prior to receipt of a certificate of occupancy,no revisions shall be made to any aspect
7 of the proposed residential development which formed the basis for the evaluation review,
8 determination of points and allocation rankings, unless such revision would have the
9 effect of increasing the points awarded, without the removal of any lot aggregation or
10 land dedication or removal of an affordable housing deed restriction or density reduction
11 restrictive covenant. 0
12 (j) Clarification of application data.
13 (1) At any time during the residential ROGO allocation review and approval process, the 0
14 applicant may be requested by the Planning Director or the Planning Commission to �
15 submit additional information to clarify the relationship of the allocation application, or 00
00
16 any elements thereof, to the evaluation criteria. If such a request is made, the Planning V-
17 Director shall identify the specific evaluation criterion at issue and the specific U
18 information needed and shall communicate such request to the applicant.
19 (2)Upon receiving a request from the Planning Director for such additional information, the
20 applicant may provide such information, or the applicant may decline to provide such
21 information and allow the allocation application to be evaluated as submitted. 0
22 (k) Re-review of Criteria and Scores. All applications in or entering into the ROGO system on <
23 or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other a
24 applications competing in the ROGO system that have not received an allocation award on ,
25 the effective date of the updated FEMA Flood Insurance Rate Maps, shall have the application
26 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
27 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
28 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated C
29 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land
30 Development Code. �o
31 aRevisions of building permit applications requiring the ROGO allocation(s). A building
32 permit application for a proposed dwelling unit requiring a ROGO allocation must be
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33 approved prior to submitting a ROGO application. In the event that the Florida Building Code
34 and/or a FEMA Flood Insurance Rate Map(FIRM) is amended between the date that a ROGO
0
35 application is submitted and the date on which a building permit, requiring the ROGO 4,
36 allocation(s) applied for, is issued(which follows the date on which the required allocation(s)
37 is awarded), if necessary, the applicant shall submit plan revisions to the building�permit
38 application demonstrating full compliance with the current Florida Building Code and the
39 adopted FIRM in effect. These plan revisions shall be submitted within 180 days of the ROGO
40 allocation award date or the applicant shall forfeit the ROGO allocation award. Following
41 receipt of the plan revisions, the Building Department shall review the revisions as if the
42 application is new (however retaining the same building permit number for administrative
43 purposes),based on the building code and the adopted FIRM,for compliance prior to issuance
44 of the building permit requiring the ROGO allocation(s) by the Building Official. Such
45 mandatory revisions and review are limited to the modifications necessary to demonstrate
46 compliance with the Florida Building Code and the adopted FIRM in effect at the time of
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I building permit issuance. . Any
2 mandatory revisions that affect the footprint of a dwelling unit, increases clearing of habitat
3 or increases the height of the structure shall be reviewed for compliance with the Land
4 Development Code in effect at the time of permit issuance.
5
6 Sec. 138-28. Evaluation Criteria (ROGO).
7 (a) Residential Evaluation Criteria. The point values established on the following pages are
8 to be applied cumulatively:
9 For all applications entering the Residential Permit Allocation system after July 13, 2016,
10 the following points and criteria shall apply: 0
11 0
12
13 2
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14 (7) Special flood hazard areas. The following points shall be assigned to allocation
00
15 applications for proposed dwelling unit(s)to provide a disincentive for locating within
16 certain coastal hi h flood hazard areas:
Point Assignment: Criteria: is
-6 Proposes structures requiring an allocation within "V" zones on the
FEMA flood insurance rate maps.
-4 An application for which development is proposed within a CBRS 0
unit. d
All applications in or entering into the ROGO system on or after the effective date of the updated a
FEMA Flood Insurance Rate Maps, and all other applications competing in the ROGO system .2
that have not received an allocation award on the effective date of the updated FEMA Flood >
Insurance Rate Maps, shall have the application scores reevaluated and updated based on the
updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompanying
Flood Insurance Rate Maps, dated February 18,2005, and included by reference within Ch. 122
of the Monroe County Land Development Code. o
17
18 * * * * * CU
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20 Sec. 138-52. -Application Procedures for NROGO. 0
21
22
23
24 (i) Expiration of allocation award. Except as provided for in this article, an allocation award
25 shall expire when its corresponding building permit is not picked up after 60 days of
26 notification by certified mail of the award, or, after issuance of the building permit, upon
27 expiration of the permit or after failure of the applicant to submit required plan revisions by
28 the required date set forth in subsection (nn+) or after the failure to conclude the required
29 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
30 (j) Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO
31 application without prejudice at any time up to finalization of the evaluation rankings by the
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I Planning Commission. Revision and resubmission of the withdrawn application must be in
2 accordance with subsection (k) of this section.
3 (k) Revisions to applications and awards.
4 (1)Upon submission of an NROGO application, an applicant may revise the application if it
5 is withdrawn and resubmitted prior to the allocation date for the allocation period in which
6 the applicant wishes to compete. Resubmitted applications shall be considered new,
7 requiring payment of appropriate fees and receiving a new controlling date.
8 (2)After receipt of an allocation award, and either before or after receipt of a building permit
9 being obtained, but prior to receipt of a certificate of occupancy or final inspection, no
10 revisions shall be made to any aspect of the proposed nonresidential development which
11 formed the basis for the evaluation review, determination of points and allocation 0
12 rankings, unless such revision would have the effect of increasing the points awarded
13 without the removal of any land dedication or removal of an affordable housing deed 0
14 restriction. �
15 (3) After the receipt of an allocation award, a building permit and a certificate of occupancy 00
00
16 or final inspection, no revision shall be made to any aspect of the completed T-
17 nonresidential development which formed the basis for the evaluation, review, U
18 determination of points and allocation rankings, unless such revisions are accomplished
19 pursuant to a new building permit and unless such revisions would have the net effect of
20 either maintaining or increasing the number of points originally awarded.
21 (1) Clarification of application data. 0
22 (1)At any time during the NROGO allocation review and approval process,the applicant may <
23 be requested by the Planning Director or the Planning Commission, to submit additional a
24 information to clarify the relationship of the allocation application, or any elements `2
25 thereof, to the evaluation criteria. If such a request is made, the Planning Director shall
26 identify the specific evaluation criterion at issue and the specific information needed and
27 shall communicate such request to the applicant.
28 (2)Upon receiving a request from the Planning Director for such additional information, the
29 applicant may provide such information; or the applicant may decline to provide such
30 information and allow the allocation application to be evaluated as submitted. �o
31 (m) Re-review of Criteria and Scores. All applications in or entering into the NROGO system
32 on or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other
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33 applications competing in the NROGO system that have not received an allocation award on
34 the effective date of the updated FEMA Flood Insurance Rate Maps,shall have the application �
0
35 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
36 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
37 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
38 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land
39 Development Code.
40 Ln,2Revisions of building permit applications requiring the NROGO allocation(s). A building
41 permit application for proposed nonresidential floor area requiring an NROGO allocation
42 must be approved prior to submitting an NROGO application. In the event that the Florida
43 Building Code and/or a FEMA Flood Insurance Rate Map (FIRM) is amended between the
44 date on which an NROGO application is submitted and the date on which a building permit
45 requiring the NROGO allocation(s) applied for is issued(which follows the date on which the
46 required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to
Packet Pg. 5345
S.8.a
I the building permit application demonstrating full compliance with the current Florida
2 Building Code and the adopted FIRM in effect. These plan revisions shall be submitted within
3 180 days of the NROGO allocation award date or the applicant shall forfeit the NROGO
4 allocation award. Following receipt of the plan revisions, the Building Department shall
5 review the revisions as if the application is new (however retaining the same building permit
6 number for administrative purposes), based on the building code and the adopted FIRM, for
7 compliance prior to issuance of the building permit requiring the NROGO allocation(s)by the
8 Building Official. Such mandatory revisions and review are limited to the modifications
9 necessary to demonstrate compliance with the Florida Building Code and the adopted FIRM
10 in effect at the time of building permit issuance. This is not applieable to toe I=a12d
11 . Any mandatory revisions that affect the footprint of the structure, 0
12 increases clearing of habitat or increases the height of the structure shall be reviewed for
13 compliance with the Land Development Code in effect at the time of permit issuance. 0
14 U-
15 00
M
16 Sec. 138-55. Evaluation Criteria (NROGO). V-
17 (a) Evaluation point values. The following point values established are to be applied U
18 cumulatively except where otherwise specified. For all applications entering the
19 Nonresidential Permit Allocation system after July 13, 2016, the following points and
20 criteria shall apply:
CL
21 ,0
22
23
24 (4) Special Flood Hazard Area. The following points shall be assigned to allocation ?
25 applications to discourage development within high riskspecial flood hazard zones: >
Point Assi nment: Criteria:
-6 Proposes a structure requiring an allocation within a "V" zone on the
CL
FEMA Flood Insurance Rate Map.
-4 An application for which development is proposed within a CBRS CU
unit.
All applications in or entering into the NROGO system on or after the effective date of the
updated FEMA Flood Insurance Rate Maps,and all other applications competing in the NROGO CU
system that have not received an allocation award on the effective date of the updated FEMA
Flood Insurance Rate Maps, shall have the application scores reevaluated and updated based on 0
the updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompanying E
Flood Insurance Rate Maps, dated February 18, 2005, and included by reference within Ch. 122
of the Monroe County Land Development Code.
26
27
28
29 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
30 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
31 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
32 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
33 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
Packet Pg. 5346
S.8.a
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining 0
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect. 0
14 U-
15 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 00
00
16 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein V-
17 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been U
18 repealed thereby.
19
20 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope 0
22 and intent of the particular paragraph or text to which they refer. <
23 a
24 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land `2
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of the State 0
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
30 approving the ordinance, and if the final order is challenged, until the challenge to the order is �o
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall
34 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
0
35 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
36 marking system of the Code.
37
c�
38 Section 10. Effective Date. This ordinance shall become effective as provided by law and
39 stated above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on , 2022.
43
44 Mayor David Rice
45 Mayor Pro Tem Craig Cates
46 Commissioner Michelle Coldiron
Packet Pg. 5347
S.8.a
I Commissioner James K. Scholl
2 Commissioner Holly Merrill Raschein
3
4 BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY, FLORIDA
6
7 By:
8 Mayor David Rice
9 (SEAL)
10 ATTEST: KEVIN MADOK, CLERK
11 0
12
13 AS DEPUTY CLERK 0
14 u-
15 00
M
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Packet Pg. 5348
S.8.b
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2 l JJJJN�i %GG% ////////// ��11111111111111����N�J
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11 0
12 Date: November 1, 2022
13 _0
14 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY �
°
15 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
16 LAND DEVELOPMENT CODE SECTION 138-25 APPLICATION
17 PROCEDURES FOR RESIDENTIAL ROGO, SECTION 138-28 EVALUATION to
18 CRITERIA (ROGO), SECTION 138-52 APPLICATION PROCEDURES FOR
19 NROGO, AND SECTION 138-55 EVALUATION CRITERIA (NROGO); TO
20 REQUIRE UPDATED SCORES BASED ON THE UPDATED FEMA FLOOD 2
21 INSURANCE RATE MAPS AND TO REQUIRE PLAN REVISIONS PRIOR TO 0
22 PERMIT ISSUANCE DEMONSTRATING FULL COMPLIANCE WITH THE
23 CURRENT FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD N
24 INSURANCE RATE MAPS FOR PERMITS REQUIRING A ROGO OR NROGO
25 ALLOCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
26 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR to
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE to
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT 0
30 CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-094)
31
32 Meeting: November 11, 2022
33
34 I. REQUEST
35
36 The Monroe County Planning & Environmental Resources Department is proposing amendments to
37 Section 138-25 Application Procedures for Residential ROGO, Section 138-28 Evaluation Criteria 0
E
38 (ROGO), Section 138-52 Application Procedures for NROGO, and Section 138-55 Evaluation Criteria
39 (NROGO); to require updated scores based on the updated FEMA Flood Insurance Rate Maps and to
40 require applicants to submit plan revisions prior to permit issuance demonstrating full compliance with
41 the current Florida Building Code and the updated FEMA Flood Insurance Rate Maps, for permits
42 requiring a ROGO or NROGO allocation.
43
44 Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to FEMA Flood Insurance
45 study and the accompanying Flood Insurance Rate Maps, dated February 18, 2005 (or the current
46 FIRMs).
47
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1 II. BACKGROUND INFORMATION
2
3 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage insurance
4 program administered by the Federal Emergency Management Agency (FEMA). Residents and business
5 owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate
6 development in special flood hazard areas. These special flood hazard areas are delineated by FEMA on
7 Flood Insurance Rate Maps.
8
9 The NFIP makes federally-backed flood insurance available in those states and communities that agree
10 to adopt and enforce floodplain management ordinances to reduce future flood damage. These
11 regulations must meet or exceed the minimum administrative and technical requirements in the NFIP 0
12 regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical assistance
13 and training on NFIP requirements and mitigation measures. FEMA also has extensive publications on 0
14 the NFIP, including detailed guidance on mitigation measures that can minimize or eliminate future �
15 flood damages. 00
00
16
17 Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting U
18 in a more resilient community. Per FEMA, meeting NFIP requirements is the most cost-effective way to a
19 reduce the flood risk to new buildings and infrastructure. FEMA provides tools and resources to help a
20 navigate NFIP requirements and implement higher standards of floodplain management. 2
21 0
22 Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances, <
23 and/or building codes or adopt special purpose floodplain management ordinances. The NFIP N
24 requirements apply to areas mapped as Special Flood Hazard Areas (SFHA) on Flood Insurance Rate LO
25 Maps (FIRMS) issued by FEMA. The SFHA is the area that would be flooded by the "base flood"
26 (defined as the flood that has a 1 percent chance of occurring in any given year; also known as the "100- U
27 year flood"). 0
28 °0
29 The NFIP requirements include, but are not limited to: 0
30 • Elevation of new and substantially improved residential structures above the base flood level_
31 • Elevation or dry floodproofing (made watertight) of new or substantially improved non-
CU
32 residential structures.
33 • Prohibition of development in floodways, the central portion of a riverine floodplain needed to 0)
34 carry deeper and faster moving water.
35 • Additional requirements to protect buildings in coastal areas from the impacts of waves, high
36 velocity, and storm surge.
37
38 FIRMs inform communities about the local flood risk and set minimum floodplain standards for U
CU
39 communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
40 flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
41 change to reflect those risks, but property owners may be able to reduce premiums if they build their
42 home or business to be safer, higher, and stronger.
43
44
45
46 The Florida Division of Emergency Management(DEM) serves as the State Coordinating Agency of the
47 NFIP to work with Florida's municipalities and counties to administer their local flood damage reduction
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I regulations. The State Floodplain Management Program works to promote and ensure sound land use
2 development in floodplain areas in order to promote the health and safety of the public, minimize loss
3 of life and property, and reduce economic losses caused by flood damages.
4
5 The State Floodplain Management Office is a unit in the Florida DEM,Bureau of Mitigation. Floodplain
6 Management Specialists work with Florida's communities to help them successfully manage
7 development in flood zones. The State Floodplain Management Office provides/offers technical
8 assistance to improve administration of local floodplain management ordinances and the flood
9 provisions of the Florida Building Code and to monitor community performance to ensure compliance
10 with the NFIP development regulations in Special Flood Hazard Areas.
11 0
12 The State Floodplain Management Office also coordinates and collaborates on the following activities:
13 • Map Modernization and FEMA Risk MAP priorities 0
14 • Integration of flood-resistant standards into the Florida Building Code
15 • Coordination with Federal flood mitigation grant programs 00
M
16 • Integration of floodplain management concepts and tasks into multi jurisdictional local a
17 mitigation strategies developed by counties and municipalities U
U
18 • Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning process
19 • Consultation with State agencies on state-owned facilities in special flood hazard areas
20 • Training of local floodplain managers and building officials, in partnership with the Florida C.
21 Floodplain Managers Association (FFMA)
22 • Coordination with the Florida Dam Safety Program -
23 • Partnerships with federal, state and local organizations pertinent to floodplain management ri
LO
24 17
25 In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance V_
26 for communities,written explicitly to rely on the flood provisions in the Florida Building Code. FEMA U
27 approved the Model Floodplain Management Ordinance in 2013.
28
29 Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the C
30 minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
31 local floodplain management ordinances that are written to rely on the FBC to meet the NFIP CU
LO
32 requirements.
33
34 Over the past 10 years,DEM has worked with nearly all of Florida's 468 NFIP communities to transition '
35 to the Model Floodplain Management Ordinance, providing assistance, to tailor the model as
36 appropriate for each community. At this time, 10 communities, including Monroe County, are still
37 preparing the required amendments to their existing regulations. E
38
39 Amendments to the County's Floodplain Management Ordinance (Ch. 122 of the Land Development
40 Code) are necessary to be consistent with FEMA provisions, incorporate DEM's Model Floodplain
41 Management Ordinance and to continue to fulfill the NFIP requirements. Additionally,the update will
42 allow the County to continue to meet and improve the requirements and activities of the Community
43 Rating System.
44
45 The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages
46 communities to establish sound programs that recognize and encourage floodplain management
47 activities that exceed the minimum NFIP requirements. By conducting mitigation and outreach activities
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I that increase safety and resilience,including CRS credits for regulating to higher standards,communities
2 can earn credits and discounts(up to 45 percent within the Special Flood Hazard Area)on flood insurance
3 premiums for property owners.
4
5
6 FEMA Flood Maps
7
8 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMS) and a Flood
9 Insurance Study (FIS) report for Monroe County, Florida. The preliminary FIRMS were released after
10 a multi-year study of Monroe County's coastal flood risks. The current County FIRMS are based on 30-
11 plus-year-old studies. 0
12
13 The Preliminary FIRMS can be viewed here: hqps://www.monroecouniy-fl.gov/1 15 I/New-Prehminary 0
14 Coastal-Flood-Maps. �
15 00
00
16 Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMS)are used to determine the
17 minimum elevation needed for construction to reduce the chances of flooding, as well as construction U
18 methods required in certain zones.
19
20 The County hired a consultant, Woods Hole Group, to analyze how flood risks are changing in 2
21 Unincorporated Monroe County based on the FEMA provided studies using updated information and 0
22 the best available science and technology. <
23 N
24 During the week of January 27, 2020, FEMA held Community meetings throughout the Florida Keys, LO
25 offering the public an opportunity to view and comment in person on the proposed preliminary FIRMS.
26 Following this,Monroe County,through its consultant, examined the maps and the accompanying Flood U
27 Insurance Studies. 0
28
29 The consultant, Woods Hole Group, completed a review of FEMA's December 2019 RiskMap study for 0
30 Monroe County. The review identified the following primary areas of concern identified with FEMA's
31 Risk Map study:
CU
32 1) Storm Climatology and Selection for Florida Keys, LO
33 2) Statistical Analysis of Storm Sets, Low-Frequency Water Levels and Waves,
34 3) Wave Model Validation,
35 4) Hydrodynamic/Wave Model Mesh Resolution,
36 5) Hydrodynamic/Wave Model Parameterization of Reefs, and
37 6)Number and Location of Coastal Transects.
38
c�
39 These areas of concern were identified because of (a) the use of a non-standard approach, (b) CU
40 inconsistencies in methodology with other FEMA Coastal Risk Map studies, (c) discrepancies between
41 the study's documentation and the analyses, or (d) errors made in the analysis.
42
43 Information on the consultant's review can accessed here: hM2s://www.monroecouniy-fl.gov/1151/New-
44 Preliminary-Coastal-Flood-Maps.
45
46 FEMA issued the required notices in the Federal Register and local newspapers for the FIRMS and a
47 Flood Insurance Study (FIS) report for Monroe County, FL. The 90-day appeal period for Monroe
48 County commenced on March 19, 2021 and ended on June 17, 2021.
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1
2 Monroe County submitted its appeal of the preliminary FEMA Flood Insurance Rate Maps and Flood
3 Insurance Study on June 11, 2021. The appeal is ongoing.
4
5 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final Determination
6 (LFD)and publish the final FIRMS. The County anticipates the appeal process may take until December
7 2022 to complete and, if necessary, the Scientific Resolution Panel may process may take until 2024 to
8 complete.
APPEAL. PROCESS MAP
TIMELINE ADOPTION
{air mina Jlnaila"al'
I ay April December 0
APPEAL 02I 2022 2022 0
b&ooakal QC araN )
,SRP PROCESS
TIMELINE MAP
AI�()PT"IC3a"*8
r,
°ai prrua,w uu°u°uwuar ul� L-
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SLIP 21I22 20-13 2024 t�3
9 �"�(arilsp (R ndul
10 U
11 The County anticipates the Final FIRMS will most likely become effective sometime in 2022-2024.
12 When FEMA issues a Letter of Final Determination(LFD),which is a letter to the County that the
13 updated FIRM will become effective in 6 months,the County must formally adopt the FIRMs and
0.
14 must adopt a compliant floodplain management ordinance by the map effective date to remain a ,0
15 participant in good standing in the NFIP.
16 �
17 Along with the adoption of the Final FIRMs, the County will need make updates to both the
17
18 Comprehensive Plan and Land Development Code and Code or Ordinances to adopt and implement the
19 maps and ensure compliance with the DEM Model Floodplain Ordinance. The County must begin U
20 processing County amendments to the Comprehensive Plan and Land Development Code in 0
21 advance, due to the County's public noticing and meeting requirements as well as the required
22 State review and approval process for Areas of Critical State Concerns, to meet the 6-month 0
23 deadline.
24
CU
25 Additionally, when the Final FIRMs are effective, the County will use the FIRMs to review building
26 permits; establish what a finished floor elevation needs to be and determine building and site design 0)
27 requirements to reduce future risk of flooding. New lender requirements may go into effect along with 0)
V-
28 flood insurance requirements, as well as changes in flood insurance rates as a result of map changes. Q
29
30 It should be noted that the County's proposed amendments to Ch. 122 of the Land Development
31 Code(the County's Floodplain Management Ordinance)do not"automatically adopt"any revised
CU
32 FIS and/or FIRMs when FEMA issues the Final effective products. The County will have to take
33 legislative action when the LFD is issued to formally adopt the FIRMs, FIS and any necessary
34 amendments to ensure a compliant floodplain management ordinance.
35
36 In summary, the County is proposing the following connected amendments:
37
38 • Update Land Development Code Chapter 122 to be consistent with the State of Florida (DEM)
39 Model Floodplain Management Ordinance, include updated FEMA policies, explicitly to rely on
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I the flood provisions in the Florida Building Code and to eliminate obsolete or unnecessary
2 regulations.
3 o Amendments does not include any updated FIRM maps. Maintains the 2005 FIRMS.
4 o Amendments to Land Development Code Chapter 122 are critical for DEM to deem the
5 County's Floodplain Management Ordinance compliant with NFIP requirements and for
6 the County's next CRS verification.
7 • Update Code of Ordinances Chapter 6 to be consistent with the Florida BuildinZ Code and adopt
8 amendments for local higher floodplain standards, including:
9 o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for example:
10 299SF downstairs enclosure limitation and foundation requirements [anchoring to rock]).
11 o Including technical amendments to the Florida Building Code for additional local higher 0
12 floodplain standards (for example: elevation certificate requirements).
13 o Amendments to Code of Ordinances Chapter 6 are critical for DEM to deem the County's 0
14 Floodplain Management Ordinance compliant with NFIP requirement and for the LL
15 County's next CRS verification. 00
00
16 • Amend the Comprehensive Plan and Land Development Code to provide for an increase to the T-
17 maximum height of residential buildings,which would be available on the adoption and effective U
18 date of updated FEMA Flood Insurance Rate Maps.
19 o The County is considering a maximum height limit of 40 feet(up to a maximum of five
20 (5) feet above the 35-foot height limit) in order to elevate to or maintain the required 2
21 elevation based on the Florida Building Code. Revisions shall not result in a new building ,0
22 or a substantially improved building or a lawfully existing building to exceed a maximum
23 height of 40 feet. N
24 o Amendment intended to address additional difference in elevation due to a change in the LO
25 updated FIRMS requiring the use of North American Vertical Datum of 1988 or NAVD88
T-
26 (on average there is -1.5 foot conversion), potential increased base flood elevation U
27 requirements with the updated FIRM maps, and changes in construction requirements 0
28 based on revised base flood elevations. °0
29 • Amend Land Development Code Chapter 138 to require aplicants to submit plan revisions to
30 prior to permit issuance, demonstrating full compliance with the current Florida Building Code
31 and the updated FIRM maps, for permits requiring an ROGO/NROGO allocation. CU
32 o Establishing that all applications in or entering into the ROGO system on or after the
33 effective date of the updated FIRMS, shall have the application scores reevaluated and 0)
34 updated based on the updated FIRMS.
35
36
37
38 The subject of this staff report is the proposed amendments to the ROGO and NROGO Sections
39 of the Monroe County Land Development Code.
40
41 The amendment is proposed to address:
42
43 1. The potential for flood zone changes within the updated FEMA Flood Insurance Rate Maps, and
44 how a potential flood zone change from an AE zone to a VE Zone, or vice versa, may affect a
45 ROGO or NROGO application score.
46 2. The potential for FEMA Flood Insurance Rate Maps updates and the Florida Building Code
47 updates while an application is completing in the ROGO and NROGO process and ensuring the
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S.8.b
I building permit plans are revised to be in compliance with the current Florida Building Code and
2 the adopted FIRM in effect.
3
4
5 Community Meeting and Public Participation
6 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2, 2021,
7 at 5:05pm, to provide for public input. There were six (6) attendees and five (5) County staff members.
8 In general, the comments provided for the proposed amendment, are summarized below:
9 • Question regarding substantial improvements and the scenario/types of improvements that
10 required elevation to the new design flood.
11 • Concerns regarding requiring 3ft of freeboard and this requiring a substantial number of 0
12 properties to be reviewed for substantial improvement/substantial damage concerns.
13 • Question of how the 35% insurance discount, derived from CRS participation, is applied. 0
14 • Question regarding the establishment of buoyancy calculation requirements for swimming pools `_
15 (note, this is not related to any proposed amendment). M
V_
16 • Question regarding the 299ft enclosure limit requirement. a
17 U
U
18 A supplemental Community Meeting was held on January 20, 2022, at 3:OOpm, to provide for public
19 input. There were six(6) attendees and 10 County staff members. In general,the comments provided for
20 the proposed amendment, are summarized below:
21 • Question regarding swimming pool designs under houses(note,this is not related to any proposed
22 amendment).
23 • Question regarding fill in a V zone and about shoreline protection features and altering shorelines ri
LO
24 in a V zone. 17
25 V_
26 A second supplemental Community Meeting was held on February 3, 2022, at 5:05pm, to provide for U
27 public input. There were four(4) attendees and five (5) County staff members. In general, the comments 0
28 provided for the proposed amendment, are summarized below:
29 • A comment on the proposed foundation requirements in Ch. 6 to modify"geotechnical engineer"
30 to "a licensed engineer" and question regarding the source of the "minimum embedment of 3
31 feet" requirement. CU
32 • Comments regarding maintaining the 299ft enclosure limit requirement.
33 • Comments regarding at-grade pool requirements (note, this is not related to any proposed 9
34 amendment).
35 N
36 Development Review Committee and Public Input
a�
37 On February 22, 2022,the Development Review Committee (DRC)held a virtual meeting to review the E
38 proposed amendments and receive public input.
39 °
40 Planning Commission and Public Input
41 The Planning Commission considered the proposed amendment at a regular meeting on March 23,2022,
42 provided for public input and recommended approval (Reso P11-22).
43
44
45
46
47
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1 III. PROPOSED LAND DEVELOPMENT CODE AMENDMENTS
2
3 Proposed Amendments are shown with e etions and additions are a___
4
5 Sec. 138-25. -Application Procedures for Residential ROGO.
6
7
8
9 (h) Expiration of allocation award. Except as provided for in this article, an allocation award shall
10 expire when its corresponding building permit is not picked up after 60 days of notification by 0
11 certified mail of the award, or, after issuance of the building permit, upon expiration of the permit 0
12 or after failure of the applicant to submit required plan revisions by the required date set forth in
13 subsection Qk) or after the failure to conclude the required coordination with FWS under the Permit 2
14 Referral Process in Section 122-1128(d)(5).
00
15 (i) Revisions of ROGO applications and awards. M
16 (1) An applicant may elect to revise a ROGO application to increase the competitive points in the a
17 application without prejudice or change in the controlling date if a revision is submitted on a U
18 form approved by the Planning Director to the Planning and Environmental Resources
19 Department no later than 30 days following the Planning Commission approval of the previous
20 ROGO rankings. Any such revision shall not involve changes to the approved building permitCL
21 application. All other applications that are withdrawn and resubmitted that do not increase the
22 competitive points or involve revisions to the approved building permit application shall be
23 considered new, requiring payment of appropriate fees and receiving a new controlling date. ri
24 (2) After receipt of an allocation award, and either before or after receipt of a building permit, but LO
25 prior to receipt of a certificate of occupancy, no revisions shall be made to any aspect of the T_
26 proposed residential development which formed the basis for the evaluation review, U
U
27 determination of points and allocation rankings, unless such revision would have the effect of
28 increasing the points awarded,without the removal of any lot aggregation or land dedication or 1�
29 removal of an affordable housing deed restriction or density reduction restrictive covenant. CL
30 (j) Clarification of application data.
31 (1) At any time during the residential ROGO allocation review and approval process, the applicant CU
32 may be requested by the Planning Director or the Planning Commission to submit additional LO
33 information to clarify the relationship of the allocation application, or any elements thereof, to
34 the evaluation criteria. If such a request is made,the Planning Director shall identify the specific
35 evaluation criterion at issue and the specific information needed and shall communicate such N
36 request to the applicant.
37 (2) Upon receiving a request from the Planning Director for such additional information, the
38 applicant may provide such information, or the applicant may decline to provide such
39 information and allow the allocation application to be evaluated as submitted
40 (k) RKz!t Xie o it ite a air idSc mid W AJ a[.0 ��<b ioris Jri o � �d��� � Irito i l�(G0 s' st fly orl o after
41 t. � vd6 a aive date od_flieuuf __E L 1MA F_l�������i_Iu�l_san-bu�ice i�_<b_a�__ I<b1�s' arld__all ofli �. <b1�7����a <ba�����m.
42 c_oflf J I&JT1 01 1��.G0 y ,d di<bd 11aV �r10 receiVed arl a]Iocati :��rl award orl 01e e_�ctjv� � ate oI"
43 t.le_uuPdabte d_[_ !�_��l������_Irls'uu�_ari �__1�at _S�I<b1�s,� ,hall have .01C,__adr) ���� <b iorl scores,, reev_<b�uuated_arld
44 uu_l��t<bt D�<b , orl i uul��<bt �t _S A �Flood Irus,uu-arid� 1�at� S�Ijm_ ��_�[� — �J1� ��
45 Irl:u ar _ �< " �i _ _ MA Flood esu -aruvvs-uj yav� fl�i _ r _ __ �_ - _ __ _
46 I _ __`_____ _________ __________l�` -__ _____ y I-___ _________ ____-_____ --__
u�c( �<b a w� a �_lood Iuru an-sonic e 1�at S�Ia 2_m vj<bavv� � C D��uu<u� w 11 f� �fDfD� aru�t ifi h'xi d D� w ��_6ereruc e
47 fldru C 1122 o d�iv,S�ori�_�:�<_�_��uu uDy_I'arru��_D v_e�QjriiiuL US- le.
PC Staff Report Page 8 of 21
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Packet Pg. 5356
I (I jAevisions of building permit applications requiring the ROGO allocation(s). A building permit
2 application for a proposed dwelling unit requiring a ROGO allocation must be approved prior to
3 submitting a ROGO application. In the event that the Florida Building Code arld/or a 1j"MA I'lood
- - -- -----------------
4 Irlsa,uaric -I�a ��_Ma I mmeeri flie date fliat a 1MG0 tjori is, sijbiljtted
1� .1 IM is amended be Ultica
----------— ----------------------------------------------------- ---------------------------------
5 and the date on which a building permit, requiring the ROGO allocation(s) applied for, is,-jssij-ed
6 (which follows the date on which the required allocation(s) is awarded), if necessary, -IJI -, Carl
7 shall to flie-bijildirig �g gj-L -'-Ip'�!Jcatjorl delm:)rstra TI fi'ffl collur WJ-01_jr
-- ------------------ ------------------------ ------ -----------------------i-------
----------------- ---------
8 effect. These plan revisions shall be
9 submitted within 180 days of the ROGO allocation award date or the applicant shall forfeit the
10 ROGO allocation award. Following receipt of the plan revisions, the Building Department shall
11 review the revisions as if the application is new(however retaining the same building permit number 0
12 for administrative purposes), based on the building code arid-the -- - for compliance 'a
W
-------- -------- -
13 prior to issuance of the building permit requiring the ROGO allocation(s)by the Building Official. 0
14 Such mandatory revisions and review are limited to the modifications necessary to demonstrate U,-
15 compliance with the Florida Building Code-ar -the-adopt��gl ` building 00
00
----- ------- - jjj�M,in effect at the time of
16 permit issuance. ar(a-
17 �mt" -eases (�arjrig tat or iricreases, -0ie hei 4k-g-I I -111c, ---------cl-.------ -_-�1[11a-b-j---------------------------------------L
18 Ille, shall be reviewed for coil� )Iiarlce wi-01 flie Larld I el )11�erlt Code irl ef'fect at flie
--- -- - ---- ---------------------------------
19
20 .2
21 Sec. 138-28. Evaluation Criteria (ROGO). 0 CL
'a
22 (a) Residential Evaluation Criteria. The point values established on the following pages are to be <
23 applied cumulatively: N
ri
24 For all applications entering the Residential Permit Allocation system after July 13, 2016, the 17LO
25 followingpoints and criteria shall apply: le-
Ir-
26 U
U
27 0
28
0
29 (7) Special flood hazard areas. The following points shall be assigned to allocation applications CL
0
30 for proposed dwelling unit(s)to provide a disincentive for locating within certain coastal
31 high flood hazard areas: CU
LO
Point Assignment: Criteria:
-6 Proposes structures requiring an allocation within "V" zones on the FEMA
flood insurance rate maps.
N
-4 An application for which development is proposed within a CBRS unit.
I'l"MA I'lood Nsan-arice I�a- Ma cal'i orl e TI irl flie 1MG0 stefl� fliat
----------------------------------------- ------ ------------ ------------------------ -�y stefl� _ cis flot received arl allocatiorl award orl flie eff�ctive date of flie `j--_MA I'lood Irisan-arice
----------------------------------------------------------------------------------------------------------------- ---------------------------------
M A scores, reevah ated-arld I'!, I
I'lood Irlsan-arice I�ate a sjj` M I'lood Irisan-arice
--------------------------------------- ---------------------------------------------
-11-&---------------------arl-ce--------
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------------------------------------------iL�----------------------�Inn
b 11----------------d---Y guu �dmv -a
32
33
34
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File 4 2019-094 1 Packet Pg. 5357
S.8.b
I Sec. 138-52. -Application Procedures for NROGO.
2
3
4
5 (i) Expiration of allocation award. Except as provided for in this article, an allocation award shall
6 expire when its corresponding building permit is not picked up after 60 days of notification by
7 certified mail of the award, or, after issuance of the building permit, upon expiration of the permit
8 or after failure of the applicant to submit required plan revisions by the required date set forth in
9 subsection(u 1o.i.)or after the failure to conclude the required coordination with FWS under the Permit
10 Referral Process in Section 122-.112�8 (d)(5). �
11 0) Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO application 0
12 without prejudice at any time up to finalization of the evaluation rankings by the Planning
13 Commission. Revision and resubmission of the withdrawn application must be in accordance with 0
14 subsection (k) of this section. �
15 (k) Revisions to applications and awards. 00
00
16 (1) Upon submission of an NROGO application, an applicant may revise the application if it is T-
17 withdrawn and resubmitted prior to the allocation date for the allocation period in which the U
18 applicant wishes to compete. Resubmitted applications shall be considered new, requiring a
19 payment of appropriate fees and receiving a new controlling date. a
20 (2)After receipt of an allocation award, and either before or after receipt of a building permit being
21 obtained,but prior to receipt of a certificate of occupancy or final inspection,no revisions shall
22 be made to any aspect of the proposed nonresidential development which formed the basis for <
23 the evaluation review, determination of points and allocation rankings, unless such revision N
24 would have the effect of increasing the points awarded without the removal of any land LO
25 dedication or removal of an affordable housing deed restriction. T-
26 (3)After the receipt of an allocation award, a building permit and a certificate of occupancy or final U
27 inspection,no revision shall be made to any aspect of the completed nonresidential development 0
28 which formed the basis for the evaluation, review, determination of points and allocation °0
29 rankings, unless such revisions are accomplished pursuant to a new building permit and unless 0
30 such revisions would have the net effect of either maintaining or increasing the number of points
31 originally awarded.
CU
32 (1) Clarification of application data.
33 (1) At any time during the NROGO allocation review and approval process, the applicant may be
34 requested by the Planning Director or the Planning Commission, to submit additional
35 information to clarify the relationship of the allocation application, or any elements thereof, to
36 the evaluation criteria. If such a request is made,the Planning Director shall identify the specific
37 evaluation criterion at issue and the specific information needed and shall communicate such
38 request to the applicant.
39 (2) Upon receiving a request from the Planning Director for such additional information, the CU
40 applicant may provide such information; or the applicant may decline to provide such
41 information and allow the allocation application to be evaluated as submitted.
( ) W 1C y`
42 m Rt iu�y e o Criteria air id ���()i��� ...........
� <b 2wI �<bdi(:)ri , Jeri o ��rld���u� � � �d�:� d �� �������a�� ,d���� orl or
43 <bft(N__o_�ie 6.6�ctiv __�<ba _ � 6 0 uum��aba �_� SDI �l������_Irlsuu�_<bric _1�at _S�I<f�'<b2l��_at ��a���� <b��7����� <bajorl m
44 �: 1� d u1 .w, d � a . _ ,defll dii<b_d_have_Arlo received d arl <bl_l��catiorl award orl i effective. date
45 � 6`o 2_uu dated Flood �u� ,uu <bu��2_ <ba __S I<T,, ,��<1 ��<bv� a��2_<bl� ���� <baiorl scores,reevahjabae��_arld
46 uu_l��i<ba �<b , orl i uul��<ba �i S I - o o d ri ,uu <bul-c <ba S I<bl�
47 Irlsau ari _ <bd _S�I<b7r" <b _dui __ <b � , <b�� �d _� slj_ se(_ uue�ri_d_o i �__S A �_l���:�d Irls,uu-ari�2__s-uj �v__<b�r�_��_dt
PC Staff Report Page 10 of 21
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Packet Pg. 5358
I ac-cofl-lp btyj T19__I lo-o d ated 1`ebr uj
2 wifldri Ch, 1122 of flie Moriroe 1nLa Larld 1, Code,
--------------------------------------M�L� -------------- ----------- -------
3 (Li.,jAevisions of building permit applications requiring the NROGO allocation(s).A building permit
4 application for proposed nonresidential floor area requiring an NROGO allocation must be approved
5 prior to submitting an NROGO application. In the event that the Florida Building Code-arl d/or-a
6 I'l"MA I'lood Nsan-arice Rac Mar is amended between the date on which an NROGO
7 application is submitted and the date on which a building permit requiring the NROGO allocation(s)
8 applied for is issued (which follows the date on which the required allocation(s) is awarded), if
9 necessary,the applicant shall submit plan revisions to the building permit application demonstrating
10 full compliance with the current Florida Building Code ari rid(_
--------- e ad effect. These plan
0
11 revisions shall be submitted within 180 days of the NROGO allocation award date or the applicant 0
12 shall forfeit the NROGO allocation award. Following receipt of the plan revisions, the Building
13 Department shall review the revisions as if the application is new (however retaining the same 0
0
14 building permit number for administrative purposes), based on the building code ar th U-
15 I'MM, for compliance prior to issuance of the building permit requiring the NROGO allocation(s) 00
00
16 by the Building Official. Such mandatory revisions and review are limited to the modifications V-
.a
17 necessary to demonstrate compliance with the Florida Building Code arid the adopt��!] U
--------------------- - Lj�jj[�M in
18 effect at the time of building permit issuance.
19 -manda-i'!Ily-IKisjorls, fl t affec ie fprfit of ie strlc'LlIT, I--T--C-T--C-M---SI-(-�'--'
-c---e-a----r-i-g h- -b-i-t-a--t---or-
20 ificreases, flie l-e-,------------- shall -r--e--v--i-e-we-d--f-o-r--c-o--l-- l- -a--r-i-c--e--w----i--0--1---- ----L--a--r-ld--I
1-1�LII
21 -mmljs
---- ------sijar CLice, 0
'a
22 <
23 N
ri
24 Sec. 138-55. Evaluation Criteria (NROGO). LO
17
25 (a) Evaluation point values. The following point values established are to be applied cumulatively V-
V-
26 except where otherwise specified. For all applications entering the Nonresidential Permit U
U
27 Allocation system after July 13, 2016, the following points and criteria shall apply: 0
28
29
0
CL
30
31 (4) Special Flood Hazard Area. The following points shall be assigned to allocation applications
32 to discourage de elopment within high risks ecial flood hazard zones: W
Point Assignment: Criteria:
-6 Proposes a structure requiring an allocation within a "V" zone on the
FEMA Flood Insurance Rate Map. N
-4 An application for which development is proposed within a CBRS unit.
E
--------------------- -- --------------------------------------------------------
-<jp.pflcatjorls irl or erl -I I Irito -01e ��41WGO orl or afl'er flie eff�ctjve date of"Jile ljr!- ---------------------------- --i-9---------- ------- _j
I'l"MA I'lood Iris an-arice Rat I Ma arld all (:mllel I e I T1 irl flie ��41W 1� -01at
---------------------------------------------------- ---------------------- -------------L"-f-M-12'a-------------------- -1---------
scores,
------- -- --- ------- ---- ------ � -- - ----- - -------r-e e--v--a"h-a-t--e--d-----a--r---(- -- - -----------_---j-�-u----e--d-----o----r-1---h----e--------- ------------1-
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a yj I'lood Irlsan-arice Rate
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------------------------------------------iL�--------------------- --------------------------------------
jr1ch'xied by-Egigig ' ---------------------
33
34
PC Staff Report Page 11 of 21
File 4 2019-094
1 Packet Pg. 5359
S.8.b
1
2 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
3
4 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
5 158(d)(7)(b):
6
7 1. Changed projections (e.g., regarding public service needs) from those on which the text or
8 boundary was based;
9
10 N/A
11 0
12 2. Changed assumptions (e.g., regarding demographic trends);
13 0
14 N/A �
15 00
00
16 3. Data errors, including errors in mapping, vegetative types and natural features described in T-
17 volume 1 of the plan; U
18
19 N/A
20
21 4. New issues; 0
22 d
23 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMS) and a C14
24 Flood Insurance Study (FIS) report for Monroe County, Florida. FEMA issued the required LO
25 notices in the Federal Register and local newspapers for the FIRMS and a Flood Insurance Study
26 (FIS) report for Monroe County, Florida. The 90-day appeal period for Monroe County U
27 commenced on March 19,2021 and ended on June 17,2021.Monroe County submitted its appeal 0
28 of the preliminary FEMA Flood Insurance Rate Maps and Flood Insurance Study on June 11, °0
29 2021. The appeal is ongoing. 0
30
31 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final
CU
32 Determination(LFD) and publish the final FIRMS. The County anticipates the Final FIRMS will
33 most likely become effective sometime in 2022-2024. When FEMA issues a Letter of Final
34 Determination (LFD), which is a letter to the County that the updated FIRM will become
35 effective in 6 months, the County must formally adopt the FIRMS and must adopt a compliant Q
36 floodplain management ordinance by the map effective date to remain a participant in good
37 standing in the NFIP.
38
c�
39 Along with the adoption of the Final FIRMS, the County will need make updates to both the CU
40 Comprehensive Plan and Land Development Code and Code or Ordinances to provide
41 regulations to implement and conform to the updated FIRMS.
42
43 The proposed amendments to the ROGO and NROGO Sections of the Monroe County Land
44 Development Code are proposed to address:
45 1. The potential for flood zone changes within the updated FEMA Flood Insurance Rate
46 Maps, and how a potential flood zone change from an AE Zone to a VE Zone, or vice
47 versa, may affect a ROGO or NROGO application score. For example, a property
48 changing from a VE Zone to an AE Zone, would not be subject to the negative six (-6)
PC Staff Report Page 12 of 21
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Packet Pg. 5360
S.8.b
I points in the ROGO/NROGO Evaluation Criteria. Further, a property changing from an
2 AE Zone to a VE Zone, would be subject to the negative six (-6) points in the
3 ROGO/NROGO Evaluation Criteria.
4 2. The potential for FEMA Flood Insurance Rate Maps updates and the Florida Building
5 Code updates while an application is completing in the ROGO and NROGO process and
6 ensuring the building permit plans are revised to be in compliance with the current
7 Florida Building Code and the adopted FIRM in effect at the time of the permit issuance.
8
9 5. Recognition of a need for additional detail or comprehensiveness; or
10
11 N/A 0
12
13 6. Data updates; 0
14 U-
15 N/A 00
00
16 T-
17 In no event shall an amendment be approved which will result in an adverse community change U
18 to the planning area in which the proposed development is located or to any area in accordance
19 with a livable communikeys master plan pursuant to findings of the board of county
20 commissioners.
21 0
22 The proposed text amendment is not anticipated to have an adverse community change.
23 N
24 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE LO
17
25 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
26 U
U
27 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
28 County 2030 Comprehensive Plan. Specifically,it furthers:
29 C,
30 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
31 County residents and visitors, and protect valuable natural resources.
32
33 Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe
34 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical 9
35 distance between grade and the highest part of any structure,including mechanical equipment,but excluding
36 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or CN
37 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
38 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
39 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable U
40 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.In the case of
41 airport districts, there shall be no exceptions to the 35-foot height limitation.
42
43 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
44 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
45 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards;
46 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
47 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
48 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
49 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
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Packet Pg. 5361
S.8.b
I voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
2 exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new(new
3 construction or substantially improved)buildings to voluntarily elevate up to three(3)feet above FEMA base
4 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
5 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
6 In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
7 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
8
9 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
10 Development Regulations which provide a Flood Protection Height Exception for lawfully established
11 existing buildings which exceed the 35-foot height limit,to promote public health,safety and general welfare,
12 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and 0
13 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
14 public funds for flood control pro]ects and for recovery from flood events; and mitigate rising flood insurance 0
15 premiums. A lawfully established existing building may be repaired, improved,redeveloped and/or elevated U-
16 to meet required FEMA base flood elevation (BFE)provided the building does not exceed a total maximum 0,
17 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area, V"
18 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings a
19 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the U
20 Board of County Commissioners shall be required to review and specify the maximum approved height prior
21 to issuance of any county permit or development approval. The Planning Commission shall provide a
22 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
CL
23 specifying the maximum approved height. 0
24 _
25 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial CN
26 improvement shall be required to meet the most recent HUD standards, and the floodplain management Ui
27 standards set forth by FEMA. 17
28 V-
29 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect U
30 real and personal property and to protect and improve water quality.
31
32 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local, C
33 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable
34 state and federal regulations.
35
36 Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
37 away from areas within the Coastal High Hazard Area(CHHA).
38
39 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
40 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
41 tropical hardwood hammock). E
42
43 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
44 be one hundred(100)percent of the following types of wetlands:
45 1. submerged lands
46 2. mangroves
47 3. salt ponds
48 4. fresh water wetlands
49 5. fresh water ponds
50 6.undisturbed salt marsh and buttonwood wetlands
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File 4 2019-094
Packet Pg. 5362
S.8.b
I Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
2 and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats.
3 Submerged lands, salt ponds,freshwater ponds, and mangroves shall not be assigned any density or intensity.
4
5 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
6 development to areas having appropriate topography and soil conditions and to where site disturbance and
7 man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
8 and marine resources.
9
10 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
11 designated as units of the Coastal Barrier Resources System (CBRS).
12 0
13 Objective 105.1: Monroe County shall continue to implement smart growth initiatives in conjunction with its
14 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development 0
15 processes to preserve the natural environment, maintain and enhance the community character and quality of M
16 life,redevelop blighted commercial and residential areas,remove barriers to design concepts,reduce sprawl, 0,
17 and direct future growth to appropriate infill areas. "
18
19 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays, U
20 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible,improved
21 or restored.
22
CL
23 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the 0
24 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by S
25 Monroe County shall be maintained. CN
26
27 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
28 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible,
29 restored and enhanced. U
30 0
ao
31 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations 1�
32 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts C
33 of development upon mangroves.
34
35 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
36 and,where possible,restored and enhanced.
37
38 Policy 204.2.2: To protect submerged lands and wetlands,the open space requirement shall be 100 percent of
39 the following types of wetlands: `N
40 1. submerged lands;
41 2. mangroves; E
42 3. salt ponds;
43 4. fresh water wetlands;
44 5. fresh water ponds; and
45 6.undisturbed salt marsh and buttonwood wetlands.
46 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
47 and buttonwood wetland only for use as transferable development rights away from these habitats.Submerged
48 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
49 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
50 prohibition of development in salt ponds.
51
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S.8.b
I GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
2 where possible, enhanced.
3
4 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
5
6 Policy 206.1.4: Monroe County shall implement a"Permit Referral Process" for review of all development
7 that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The
8 SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS)which contain potentially
9 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo
10 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
11 Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
12 0
13 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
14 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the 0
15 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is
16 to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state 00
17 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS "
18 regarding permit applications filed with or issued by Monroe County.
19 U
t3
20 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit
21 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and
22 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not
CL
23 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult ,0
24 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of <
25 development. N
26 LO
27 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
28 wildlife species designated by the FWS as threatened or endangered.
29 U
30 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
31 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated 1�
32 with private land uses on adjoining lands.
33
34 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and,when
35 possible,restored and enhanced.
36
37 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline ,
38 stabilization.
39 `N
40 GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment
41 to increase public safety and reduce damages and public expenditures. E
42
43 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
44 Area(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.
45
46 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as
47 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
48 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
49 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
50 the Code.
51
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S.8.b
I Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)
2 Community Rating System (CRS)to the maximum extent possible and shall seek to improve its current CRS
3 Class rating.
4
5 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
6 requirements to promote the protection and safety of life and property. Revisions to the existing setback
7 requirements contained in the land development regulations shall be considered as a means of reducing
8 property damage caused by storms.
9
10 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
11 acquisition decisions.
12 0
13 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
14 such as land clearing, grading and filling will not disturb natural drainage patterns. 0
15 U_
16 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies 0,
17 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term "
18 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged
U
19 infrastructure and consideration of alternatives to its repair or replacement in the CHHA. U
20
21 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
22 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and
CL
23 shall specify procedures for relocating or replacing public infrastructure away from them,where feasible. 0
24 _
25 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with N
26 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss andLO
27 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
28 to repeated damage.
29 U
30 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth
31 away from the Coastal High Hazard Area(CHHA).
32 CL
33 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing and a�
34 to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
35
36 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions.
37 Standards for evaluation of the structural condition of the housing stock are summarized below: ,
38 Sound: Most housing units in this category are in good condition and have no visible defects. However,
39 some structures with slight defects are also included. `N
40 Deteriorating: A housing unit in this category needs more repair than would be provided in the course of
41 regular maintenance,such as repainting.A housing unit is classified as deteriorating when its deficiencies E
42 indicate a lack of proper upkeep.
43 Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide
44 safe and adequate shelter or is of inadequate original construction including being constructed below the
45 minimum required elevation by FEMA or the County's Floodplain Regulations.
46
47 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code
48 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
49 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
50
51 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
52 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
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I organizations and private organizations to exchange data and develop coordinated strategies to address energy
2 conservation and impacts from climate change.
3
4 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
5 private entities to address energy conservation strategies and unique climate change impacts, including
6 adaptation and mitigation strategies.
7
8 Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
9 Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management
10 Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ACOE), as well as
11 universities and not-for-profit organizations to coordinate support for updating, exchanging and analyzing 0
12 data regarding potential changes in climate change vulnerability. 0
13
14 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development 0
15 regulations, the County shall update the data and assumptions related to climate change impacts to
16 infrastructure based on the latest scientific predictions and observed(monitored) impacts. Monroe County 00
17 shall also consider climate change impacts such as increased temperatures, sea level rise,potentially shifting "
18 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
19 decisions. U
20
21 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their
22 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas.
CL
23 .a
24 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County <
25 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate, N
26 consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs. ri
27
28 Objective 1504.1: Within five (5)years after the adoption of the 2030 Comprehensive Plan,the County shall V_
29 revise its land acquisition and preservation policies to consider the climate change-related values of natural U
30 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's
31 strategic capacity to absorb floodwaters and address coastal ecosystem migration.
32 CL
33 B.The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area,
34 Section 380.0552(7), Florida Statutes.
35
36 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
37 principles for guiding development and any amendments to the principles, the principles shall be construed 0)
38 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
39
40 (a) Strengthening local government capabilities for managing land use and development so that local
41 government is able to achieve these objectives without continuing the area of critical state concern E
42 designation.
43 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, <
44 wetlands, fish and wildlife, and their habitat.
45 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
46 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
47 their habitat.
48 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
49 development.
50 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
51 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
52 ensuring that development is compatible with the unique historic character of the Florida Keys.
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I (g) Protecting the historical heritage of the Florida Keys.
2 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
3 public investments,including:
4
5 1. The Florida Keys Aqueduct and water supply facilities;
6 2. Sewage collection, treatment, and disposal facilities;
7 3. Solid waste treatment, collection, and disposal facilities;
8 4. Key West Naval Air Station and other military facilities;
9 5. Transportation facilities;
10 6. Federal parks,wildlife refuges, and marine sanctuaries;
11 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
12 8. City electric service and the Florida Keys Electric Co-op; and 0
13 9. Other utilities, as appropriate.
14 0
15 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and U_
16 replacement of stormwater management facilities; central sewage collection; treatment and disposal 0,
17 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and "
18 disposal systems.
U
19 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of U
20 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
21 applicable, and by directing growth to areas served by central wastewater treatment facilities through
22 permit allocation systems.
23 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 0
24 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. <
25 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or N
26 manmade disaster and for a postdisaster reconstruction plan. ri
27 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
28 Florida Keys as a unique Florida resource.
29 U
30 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
31 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
32 CL
33 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
34 Specifically, the amendment furthers:
35
36 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and enhance
37 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the
38 public interest; overcome present handicaps; and deal effectively with future problems that may resultCN
39 from the use and development of land within their jurisdictions. Through the process of comprehensive
40 planning, it is intended that units of local government can preserve, promote, protect, and improve the
41 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention,
42 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
43 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
44 develop,utilize, and protect natural resources within their jurisdictions.
45
46 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set
47 out in this act and that no public or private development shall be permitted except in conformity with
48 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
49
50 163.3164(14), F.S.— "Development"has the same meaning as in s. 380.04.
51
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1 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
2 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
3 the area that reflects community commitments to implement the plan and its elements. These principles
4 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
5 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
6 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
7 government's programs, activities, and land development regulations will be initiated, modified, or
8 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
9 require the inclusion of implementing regulations in the comprehensive plan but rather to require
10 identification of those programs, activities, and land development regulations that will be part of the
11 strategy for implementing the comprehensive plan and the principles that describe how the programs,
12 activities, and land development regulations will be carried out. The plan shall establish meaningful and 0
13 predictable standards for the use and development of land and provide meaningful guidelines for the
14 content of more detailed land development and use regulations. 0
15 U_
16 163.3177(6)(d), F.S. —A conservation element for the conservation, use, and protection of natural resources 0,
17 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, "
18 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat,
U
19 minerals,and other natural and environmental resources,including factors that affect energy conservation. U
20
21 163.3178(2)(a), F.S. — A land use and inventory map of existing coastal uses, wildlife habitat, wetland and
22 other vegetative communities, undeveloped areas, areas subject to coastal flooding,public access routes
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23 to beach and shore resources, historic preservation areas, and other areas of special concern to local 0
24 government. <
25 CN
26 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminateLO
27 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
28 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
29 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater U
30 runoff, and the related impacts of sea-level rise. M
31 2. Encourage the use of best practices development and redevelopment principles, strategies, and 1�
32 engineering solutions that will result in the removal of coastal real property from flood zone designations C
33 established by the Federal Emergency Management Agency.
34 3. Identify site development techniques and best practices that may reduce losses due to flooding andCU
35 claims made under flood insurance policies issued in this state.
36 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
37 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60.
38 5. Require that any construction activities seaward of the coastal construction control lines established
39 pursuant to s. 161.053 be consistent with chapter 161. N"
40 6. Encourage local governments to participate in the National Flood Insurance Program Community
41 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance E
42 premium discounts for their residents.
43
44 163.3194(1)(a), F.S. — After a comprehensive plan, or element or portion thereof, has been adopted in
45 conformity with this act, all development undertaken by, and all actions taken in regard to development
46 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
47 with such plan or element as adopted.
48
49 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
50 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in
51 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
52 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of
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I regulations for the development of land or the adoption and enforcement by a governing body of a land
2 development code for an area shall be based on,be related to, and be a means of implementation for an
3 adopted comprehensive plan as required by this act.
4
5 163.3202(2), F.S. — Local land development regulations shall contain specific and detailed provisions
6 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
7 (a) Regulate the subdivision of land.
8 (b) Regulate the use of land and water for those land use categories included in the land use element and
9 ensure the compatibility of adjacent uses and provide for open space.
10 (c)Provide for protection of potable water wellfields.
11 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
12 management. 0
13 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
14 0
15 U-
16 IV. PROCESS 00
M
17
18 Land Development Code Amendments may be proposed by the Board of County Commissioners, the U
19 Planning Commission,the Director of Planning,private application, or the owner or other person having
20 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
21 shall review and process applications as they are received and pass them onto the Development Review
22 Committee and the Planning Commission. 0
23
24 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review N
25 the application, the reports and recommendations of the Department of Planning & Environmental
26 Resources and the Development Review Committee and the testimony given at the public hearing. The
27 Planning Commission shall submit its recommendations and findings to the Board of County U
28 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed U
29 amendment, and considers the staff report, staff recommendation, Planning Commission
30 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed 0
31 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
32
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33
34 V. STAFF RECOMMENDATION
35
36 Approval
37
c�
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2l
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING AMENDMENTS TO MONROE
0
12 COUNTY LAND DEVELOPMENT CODE SECTION 138-25,
13 APPLICATION PROCEDURES FOR RESIDENTIAL ROGO, SECTION 0
14 138-28, EVALUATION CRITERIA (ROGO), SECTION 138-52, U-
15 APPLICATION PROCEDURES FOR NROGO, AND SECTION 138-55, 00
16 EVALUATION CRITERIA (NROGO); TO REQUIRE UPDATED SCORES
17 BASED ON THE UPDATED FEMA FLOOD INSURANCE RATE MAPS U
18 AND TO REQUIRE PLAN REVISIONS PRIOR TO PERMIT ISSUANCE U
19 DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT
20 FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD g
21 INSURANCE RATE MAPS FOR PERMITS REQUIRING A ROGO OR 0
22 NROGO ALLOCATION; PROVIDING FOR SEVERABILITY; <
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
26 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
27 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
28 DATE.
29 E
30 °
31 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
32 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
33 welfare of the citizens of the Florida Keys and to strengthen our local government capability to CU
34 manage land use and development; and
35
36 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
37 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
38 health, safety, and welfare of the County's citizens; and
39
40 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
41 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
42 may be subject to periodic inundation which may result in loss of life and property, health and
43 safety hazards, disruption of commerce and governmental services, extraordinary public
44 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
45 affect the public health, safety and general welfare, and
46
47
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I WHEREAS, the Monroe County was accepted for participation in the National Flood
2 Insurance Program ("NFIP") on June 15, 1973 and the Monroe County Board of County
3 Commissioners desires to continue to meet the requirements of Title 44 Code of Federal
4 Regulations, Sections 59 and 60, necessary for such participation; and
5
6 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
7 administered by FEMA, enabling property owners in participating communities to purchase flood
8 insurance in exchange for the community's adoption of floodplain management regulations to
9 reduce future flood damages; and
10
11 WHEREAS,the participating communities floodplain management regulations must meet
12 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
13 CFR Part 59 and Part 60); and 0
14 U-
15 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate 00
16 Maps ("FIRMs") and a Flood Insurance Study ("FIS")report for Monroe County, FL; and
17 U
18 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and U
19 Flood Insurance Study on June 11, 2021; and
20 g
21 WHEREAS, once FEMA reviews and processes all appeals,the agency will issue a Letter 0
22 of Final Determination ("LFD") and publish the final FIRMS; and <
23
24 WHEREAS,Monroe County is proposing amendments to ROGO and NROGO provisions
25 of the Land Development Code to require updated scores based on the updated FEMA FIRMS and
26 to require applicants to submit plan revisions to prior to permit issuance demonstrating full
CU
27 compliance with the current Florida Building Code and the updated FEMA FIRMS, for permits
28 requiring a ROGO or NROGO allocation; andCL
29 E
CU
30 WHEREAS, the amendment is based on and will be triggered by the adoption and
31 effective date of updated FEMA Flood Insurance Rate Maps;which are the updated FEMA FIRMS
32 adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMS, dated
CU
33 February 18, 2005 (i.e., the current FIRMS); and
34
35 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
36 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
37 and
c�
38
39 WHEREAS, on March 23, 2022, the Monroe County Planning Commission ("Planning
40 Commission") held a public hearing for the purpose of considering the proposed amendment and
41 provided for public comment; and
42
43 WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
44 P11-22 recommending approval; and
45
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I WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
2 ("BOCC", "Board", "Monroe County", or the "County") held a public hearing to consider
3 adoption of the proposed Land Development Code ("LDC" or "Code") text amendment,
4 considered the staff report, and provided for public comment and public participation in
5 accordance with the requirements of state law and the procedures adopted for public participation
6 in the planning process; and
7
8 WHEREAS, based upon the documentation submitted and information provided in the
9 accompanying professional staff report, the Monroe County Board of County Commissioners
10 makes the following factual and legal determinations: 0
11 0
0
12 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 2030 Monroe County Comprehensive Plan; and 0
14 2. The proposed amendment is consistent with the Principles for Guiding Development for U-
15 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 00
16 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
17 4. The proposed amendment is necessary due to new issues and the need for additional U
18 detail or comprehensiveness, as required by Section 102-158 of the Monroe County U
19 Code.
20 g
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA: <
23
24 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
25 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
26 herein.
27 `
28 Section 2.The text of the Land Development Code is amended as shown and stated herein..
29 Proposed Amendments are shown with deletions st+ieke*�hr-eet4 and additions are underlined. E
30 '
31 Sec. 138-25. -Application Procedures for Residential ROGO.
32
33
34
35 (h) Expiration of allocation award. Except as provided for in this article, an allocation award
36 shall expire when its corresponding building permit is not picked up after 60 days of
37 notification by certified mail of the award, or, after issuance of the building permit, upon
38 expiration of the permit or after failure of the applicant to submit required plan revisions by
39 the required date set forth in subsection (Ik) or after the failure to conclude the required
40 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
41 (i) Revisions of ROGO applications and awards.
42 (1)An applicant may elect to revise a ROGO application to increase the competitive points in
43 the application without prejudice or change in the controlling date if a revision is
44 submitted on a form approved by the Planning Director to the Planning and
45 Environmental Resources Department no later than 30 days following the Planning
46 Commission approval of the previous ROGO rankings. Any such revision shall not
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I involve changes to the approved building permit application. All other applications that
2 are withdrawn and resubmitted that do not increase the competitive points or involve
3 revisions to the approved building permit application shall be considered new, requiring
4 payment of appropriate fees and receiving a new controlling date.
5 (2)After receipt of an allocation award, and either before or after receipt of a building permit,
6 but prior to receipt of a certificate of occupancy,no revisions shall be made to any aspect
7 of the proposed residential development which formed the basis for the evaluation review,
8 determination of points and allocation rankings, unless such revision would have the
9 effect of increasing the points awarded, without the removal of any lot aggregation or
10 land dedication or removal of an affordable housing deed restriction or density reduction 0
11 restrictive covenant. 0
0
12 (j) Clarification of application data.
13 (1) At any time during the residential ROGO allocation review and approval process, the 0
14 applicant may be requested by the Planning Director or the Planning Commission to U-
15 submit additional information to clarify the relationship of the allocation application, or 00
16 any elements thereof, to the evaluation criteria. If such a request is made, the Planning V-
17 Director shall identify the specific evaluation criterion at issue and the specific U
18 information needed and shall communicate such request to the applicant. U
19 (2)Upon receiving a request from the Planning Director for such additional information, the
20 applicant may provide such information, or the applicant may decline to provide such 2
21 information and allow the allocation application to be evaluated as submitted. 0
22 (k) Re-review of Criteria and Scores. All applications in or entering into the ROGO system on
23 or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other
24 applications competing in the ROGO system that have not received an allocation award on
25 the effective date of the updated FEMA Flood Insurance Rate Maps,shall have the application
26 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
CU
27 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
28 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
29 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land E
CU
30 Development Code. '
31 aRevisions of building permit applications requiring the ROGO allocation(s). A building
32 permit application for a proposed dwelling unit requiring a ROGO allocation must be
CU
33 approved prior to submitting a ROGO application. In the event that the Florida Building Code
34 and/or a FEMA Flood Insurance Rate Map(FIRM) is amended between the date that a ROGO 0
35 application is submitted and the date on which a building permit, requiring the ROGO
36 allocation(s) applied for, is issued(which follows the date on which the required allocation(s)
37 is awarded), if necessary, the applicant shall submit plan revisions to the building�permit
38 application demonstrating full compliance with the current Florida BuildinZ Code and the
39 adopted FIRM in effect. These plan revisions shall be submitted within 180 days of the ROGO
40 allocation award date or the applicant shall forfeit the ROGO allocation award. Following
41 receipt of the plan revisions, the Building Department shall review the revisions as if the
42 application is new (however retaining the same building permit number for administrative
43 purposes),based on the building code and the adopted FIRM,for compliance prior to issuance
44 of the building permit requiring the ROGO allocation(s) by the Building Official. Such
45 mandatory revisions and review are limited to the modifications necessary to demonstrate
46 compliance with the Florida Building Code and the adopted FIRM in effect at the time of
Packet Pg. 5373
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I building permit issuance. This is r^* applieable to4e rLand Development Gede. Any
2 mandatory revisions that affect the footprint of a dwelling unit, increases clearing of habitat
3 or increases the height of the structure shall be reviewed for compliance with the Land
4 Development Code in effect at the time of permit issuance.
5
6 Sec. 138-28. Evaluation Criteria (ROGO).
7 (a) Residential Evaluation Criteria. The point values established on the following pages are
8 to be applied cumulatively:
9 For all applications entering the Residential Permit Allocation system after July 13, 2016,
10 the following points and criteria shall apply: 0
11 0
12
13 0
14 (7) Special flood hazard areas. The following points shall be assigned to allocation
15 applications for proposed dwelling unit(s)to provide a disincentive for locating within M
16 certain coastal high flood hazard areas:
Point Assi nment: Criteria: c�U
-6 Proposes structures requiring an allocation within "V" zones on the
FEMA flood insurance rate maps.
-4 An application for which development is proposed within a CBRS 0
unit.
d
All applications in or entering into the ROGO system on or after the effective date of the updated
FEMA Flood Insurance Rate Maps, and all other applications competing in the ROGO system
that have not received an allocation award on the effective date of the updated FEMA Flood
Insurance Rate Maps, shall have the application scores reevaluated and updated based on the
updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate ,CU
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompanyingCL
Flood Insurance Rate Maps, dated February 18,2005, and included by reference within Ch. 122 E
of the Monroe County Land Development Code.
17
18 * * * * * CU
19
20 Sec. 138-52. -Application Procedures for NROGO. 0
21
22
23
24 (i) Expiration of allocation award. Except as provided for in this article, an allocation award
25 shall expire when its corresponding building permit is not picked up after 60 days of
26 notification by certified mail of the award, or, after issuance of the building permit, upon
27 expiration of the permit or after failure of the applicant to submit required plan revisions by
28 the required date set forth in subsection (nn+) or after the failure to conclude the required
29 coordination with FWS under the Permit Referral Process in Section 122-128.(d)(5).
30 (j) Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO
31 application without prejudice at any time up to finalization of the evaluation rankings by the
Packet Pg. 5374
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I Planning Commission. Revision and resubmission of the withdrawn application must be in
2 accordance with subsection (k) of this section.
3 (k) Revisions to applications and awards.
4 (1)Upon submission of an NROGO application, an applicant may revise the application if it
5 is withdrawn and resubmitted prior to the allocation date for the allocation period in which
6 the applicant wishes to compete. Resubmitted applications shall be considered new,
7 requiring payment of appropriate fees and receiving a new controlling date.
8 (2)After receipt of an allocation award, and either before or after receipt of a building permit
9 being obtained, but prior to receipt of a certificate of occupancy or final inspection, no
10 revisions shall be made to any aspect of the proposed nonresidential development which
11 formed the basis for the evaluation review, determination of points and allocation
12 rankings, unless such revision would have the effect of increasing the points awarded
13 without the removal of any land dedication or removal of an affordable housing deed 0
14 restriction. U-
15 (3) After the receipt of an allocation award, a building permit and a certificate of occupancy 00
16 or final inspection, no revision shall be made to any aspect of the completed T-
17 nonresidential development which formed the basis for the evaluation, review, U
18 determination of points and allocation rankings, unless such revisions are accomplished U
19 pursuant to a new building permit and unless such revisions would have the net effect of
20 either maintaining or increasing the number of points originally awarded. g
21 (1) Clarification of application data. 0
22 (1)At any time during the NROGO allocation review and approval process,the applicant may
23 be requested by the Planning Director or the Planning Commission, to submit additional
24 information to clarify the relationship of the allocation application, or any elements
25 thereof, to the evaluation criteria. If such a request is made, the Planning Director shall
26 identify the specific evaluation criterion at issue and the specific information needed and
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27 shall communicate such request to the applicant.
28 (2)Upon receiving a request from the Planning Director for such additional information, the
29 applicant may provide such information; or the applicant may decline to provide such E
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30 information and allow the allocation application to be evaluated as submitted. LO
31 (m) Re-review of Criteria and Scores. All applications in or entering into the NROGO system
32 on or after the effective date of the updated FEMA Flood Insurance Rate Maps, and all other
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33 applications competing in the NROGO system that have not received an allocation award on
34 the effective date of the updated FEMA Flood Insurance Rate Maps, shall have the application 0
35 scores reevaluated and updated based on the updated FEMA Flood Insurance Rate Maps
36 (FIRM). Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
37 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
38 February 18, 2005, and included by reference within Ch. 122 of the Monroe County Land
39 Development Code.
40 Ln,2Revisions of building permit applications requiring the NROGO allocation(s). A building
41 permit application for proposed nonresidential floor area requiring an NROGO allocation
42 must be approved prior to submitting an NROGO application. In the event that the Florida
43 Building Code and/or a FEMA Flood Insurance Rate Map (FIRM) is amended between the
44 date on which an NROGO application is submitted and the date on which a building permit
45 requiring the NROGO allocation(s) applied for is issued(which follows the date on which the
46 required allocation(s) is awarded), if necessary, the applicant shall submit plan revisions to
Packet Pg. 5375
S.8.c
I the building permit application demonstrating full compliance with the current Florida
2 Building Code and the adopted FIRM in effect. These plan revisions shall be submitted within
3 180 days of the NROGO allocation award date or the applicant shall forfeit the NROGO
4 allocation award. Following receipt of the plan revisions, the Building Department shall
5 review the revisions as if the application is new (however retaining the same building permit
6 number for administrative purposes), based on the building code and the adopted FIRM, for
7 compliance prior to issuance of the building permit requiring the NROGO allocation(s)by the
8 Building Official. Such mandatory revisions and review are limited to the modifications
9 necessary to demonstrate compliance with the Florida Building Code and the adopted FIRM
10 in effect at the time of building permit issuance. This is not applieable to4e Land 0
11 . Any mandatory revisions that affect the footprint of the structure, 0
12 increases clearing of habitat or increases the height of the structure shall be reviewed for
13 compliance with the Land Development Code in effect at the time of permit issuance. 0
14 U-
15 00
16 Sec. 138-55. Evaluation Criteria (NROGO). V-
17 (a) Evaluation point values. The following point values established are to be applied U
18 cumulatively except where otherwise specified. For all applications entering the
19 Nonresidential Permit Allocation system after July 13, 2016, the following points and
20 criteria shall apply: g
21 0
22 * * * * * d
23
24 O 4 Special Flood Hazard Area. The following points shall be assigned to allocation
P gp g �
25 applications to discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
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-6 Proposes a structure requiring an allocation within a "V" zone on the
FEMA Flood Insurance Rate Map. CL
-4 An application for which development is proposed within a CBRSCU
unit.
a�
All applications in or entering into the NROGO system on or after the effective date of the
updated FEMA Flood Insurance Rate Maps,and all other applications competing in the NROGO CU
system that have not received an allocation award on the effective date of the updated FEMA
Flood Insurance Rate Maps, shall have the application scores reevaluated and updated based on
the updated FEMA Flood Insurance Rate Maps (FIRM). Updated FEMA Flood Insurance Rate
Maps are the maps adopted subsequent to FEMA Flood Insurance study and the accompanying E
Flood Insurance Rate Maps, dated February 18,2005, and included by reference within Ch. 122
of the Monroe County Land Development Code. <
26
27
28
29 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
30 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
31 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
32 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
33 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
Packet Pg. 5376
S.8.c
I connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
2 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
3 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
4 construction and interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, bankruptcy, and on appeal.
6
7 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
8 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
9 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
10 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
11 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
12 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
13 continue unimpaired in full force and effect. 0
14 U-
15 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 00
16 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein V-
17 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been U
18 repealed thereby. U
19
20 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
21 used herein, are inserted for convenience only and are not intended to descriptively limit the scope 0
22 and intent of the particular paragraph or text to which they refer. <
23
24 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
25 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
26
27 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of the State `
28 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
29 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission E
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30 approving the ordinance, and if the final order is challenged, until the challenge to the order is W
31 resolved pursuant to F.S. Chapter 120.
32
33 Section 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall
34 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 0
35 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
36 marking system of the Code.
37
38 Section 10. Effective Date. This ordinance shall become effective as provided by law and
39 stated above.
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
42 Florida, at a regular meeting held on , 2022.
43
44 Mayor David Rice
45 Mayor Pro Tem Craig Cates
46 Commissioner Michelle Coldiron
Packet Pg. 5377
S.8.c
I Commissioner James K. Scholl
2 Commissioner Holly Merrill Raschein
3
4 BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY, FLORIDA
6
7 By:
8 Mayor David Rice
9 (SEAL)
ATTORNEY
10 ATTEST: KEVIN MADOK CLERK n� FC c�.
FORM
11 _. 0
12 Pri R MOR d
ASSISTAN'r COUNTY ATTORNEY
13 AS DEPUTY CLERK Date: .—_ 11/1/22 0
14 u-
15 00
M
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0
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Packet Pg. 5378
Flood lain Management relatedr�aE�. P
amend ments i n the Comprehensive
PlanLn, ad De velopment Code and
C OF COMMUNITY ode of Ordinances NOTICE MEETI NG
NOTICE OF REQUEST FOR
AMENDMENTS TO THE MONROE
COUNTY COMPREHENSIVE PLAN
AND THE MONROE COUNTY
LAND DEVELOPMENT CODE AND "1 111.1—vu T,T TOT,ArTIt', 01�TIE IF——T,_TM-A
MONROE COUNTY CODE OF 101 11 111
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ORDINANCES oll-1111�1 T11 'A IT ,'I `n III
BOCC Ado ption H ea ring
February 3,2022
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Agenda Items SA-S.8
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7
Floodplain Management
• ITEM S.4: 'at ------- evt re tCode., a e uIlrerent am -the State of Land-_ ----
III°:°Illoria Modell II°°°Illoo -triiiraine o iiiiol � e updated II:°I;: II ollioiiie , -to e Illii iitlll o rl Illaiii. . a a ere e
... ...... ......... .. ... . ... ..................................................................................................... ...................................................................................................... ....................................................................... ........................... .................................................... ................. ..................... ....................................
tlll°me fllo.o .ro iii iiions iiin the Florida ull.......................... inneoe ar ire ,�mllatioina.
.............................. ........................................................................................................................................................................................................................
• ITEM S.5: U1 ate Code of 0rd1n,a,,ncesmail i o tr otioArticle II it i �i Code to e
consistent with -the Florida Building . ...... -t
....... ....... ...._ ......._ amendmentsfor local i ..he r......' .............................._ %............_sta nda..rds.
_
Lamendmeryts tothe FBC
• ITEMS S.6 & S.7: .............iiineiiil............iii...iirm.. t Comprehensive Co rehen i e Man and Lan U e elo rm�ment Code -to increase -the maximum height
:t.....iire s ii.. .eiii .1l11. .III.........1I . .'iii..11l.............'i' to 4 ft Il iiiclQr� o u 111 Ill e a a lii 111 a 11 111 e aftem� tlllie a q tiii o n of a iii orm tlllie effective ate of afe u ui
........................... ... (Coinp Plan amimeuii mmruueiat trami mlmiiitte to Ilf; llf;;;;; II a
• ITEM S.8: .im�. ..i�. ......_ _� _ e _ t .___ a _r___ - e
m a III°°'llllll° Ills aurm to ore m iiiurea Illiiicau t to mmll a miiit Illaurm ire�viii iiioum to uriiioir .to ecru miii,t iii um�au�ce eur ourm tiratiiiurm fm�llllll
t ............................................................................................................................................................................................................................................................... ....................................
worm Illiiiau ce wiiitllNm tlll e u urureurmt l°°'lorl a l l/ llrm Code aurm the alem Ilf°°III III° III four eururmmiiita ore , mmiiiuriiiurm ain III°" /IIf IIF
allllllocatiiioun.
Notes:
• As used in these amendments, the updated FEMA FIRMs are the maps adopted subsequent to the current Zoos FEMA FIRMS (dated February 18,
Zoos).
• A future amendment will be required to LDC Chapter 122 to adopt the updated FIRM maps(afterthe map appeal is resolved)
• Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are critical for DEM to deem the County's Floodplain Management Ordinance
compliant with NFI P and for the County's next CRS verification in zoz3.
</.;��,r .rJ-I/7 01/1 /////.. /// / l/// /r r//
/ f ,to be consistent with
the Florida Division of Emergency Management's State Model Ordinance which is written to explicitly rely on the flood provisions in the
Florida Building Code, and to continue to meet the Community Rating System (CRS) requirements and maintain our CRS score and
insurance discounts.
❖ NFIP is a federally-subsidized flood damage insurance program administered by the FEMA. The NFIP makes federally-backed flood
insurance available in those communities that agree to adopt and enforce floodplain management ordinances to reduce future flood
damage. These regulations must meet or exceed the minimum administrative and technical requirements in the NFIP regulations (44 CFR Part
59 and Part 60).
❖ Residents and business owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate development in
special flood hazard areas. These special flood hazard areas are delineated by FEMA on Flood Insurance Rate Maps(FIRMs).
❖ Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances, and/or building codes or adopt special
purpose floodplain management ordinances.
Code of Federal Regulations_
Subpart A-Requirements for Flood Plain.Management Regulations
§60.1 Purpose of subpart.
�� 11 11 11 11 11 (a) The Act provides that flood insurance shall not be sold or renewed under the program within a
community„unless the community has adopted adecpuate flood plain management regulations
consistent with Federal criteria.Responsibility for establishing such criteria is delegated to the
Federal Insurance Administrator.
p;b", This subpart sets forth the criteria developed in accordance with the Act by which the Fedleral
Insurance Administrator will determine the adequacy of a community's flood plain management
regulations. r�'
W egally-enforceable„apaplied,uniformly throcl,rdl�out the
W;..ye recfu p,tiours must �p
community to all privately and publicly owned land within flood-prone,rnudslide(i.e.,rnUdflow)or
flood-related erosion areas„and the community must provide that the regulations take
precedence over any less restrictive conflicting local laws„ordinances or codes. Except as
otherwise provided in§60 6,the adequacy of such regulations shall be determined on the basis
of the standards set forth in ;60.3 for flood-prorre area,§60.4 for mudslide areas and§60 5
for flood-related erosion areas.
1/I lll( /
f/
W
Monroe County is proposing amendments to update various Floodplain Management related provisions, to continue to fulfill
� � tY p p g p p g
N
;Q;iwAii
e ants o the atic�nal Floo Insurance Woof
a I an aint ",j,® s%=d 'n the I r ramI 10
� „(ii sir i ir��oi ,. ioi iris
�,' , ,' Viand to continue to meet the Community Rating System (CRS) requirements and maintain our CRS score and
insurance discounts.
Y In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance for communities, written explicitly to
rely on the flood provisions in the Florida Building Code. FEMA approved the Model Floodplain Management Ordinance in 2013. Over the
past 10 years, DEM has worked with nearly all of Florida's 468 NFIP communities to transition to the Model Floodplain Management Ordinance.
➢ Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the minimum NFIP requirements for buildings
and structures. Nearly all Florida communities administer local floodplain management ordinances that are written to rely on the FBC to meet
the NFIP requirements.
✓ The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages communities to establish sound
programsthat recognize and encourage flood plain management activitiesthat exceed the minimum NFIP requirements.
✓ In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community's efforts that
address the three goals of the program:
1. Reduce and avoid flood damage to insurable property
2. Strengthen and support the insurance aspects of the NFIP
3. Foster comprehensive floodplain management
✓ Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood insurance premium and in April 2022,
will increase annual savings to flood insurance for 14,400 policyholders in unincorporated Monroe County to $7.5 million dollars annually. This
is an annual average savings per policyholderof$522.Cumulatively to date, Monroe County has saved policyholders over$24 million.
Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are
critical for DEM to deem the County's Floodplain Management Ordinance
compliant with NFIP, and for the County's next CRS verification in 2023.
Item SA - Floodplain Management - U daten I m nt I t r 122
In summary, the amendment includes the following:
• Updates to the floodplain management definitions in Section 101-1.
• Establishes the purpose, scope and intent of Chapter 122 Floodplain Management.
• Specifies that Chapter 122 is be administered and enforced in conjunction with the Florida Building Code. The flood load and flood resistant construction
requirements of the Florida Building Code shall apply to all buildings and structures that are wholly within or partially within any flood hazard area.
• Establishes that Chapter 122 applies to all flood hazard areas within the unincorporated areas of Monroe County.
• Retains the reference and use of the Flood Insurance Study for Monroe County dated February 18, 2005, and the accompanying Flood Insurance Rate
Maps (FIRMS). (in current Code Section 122-2)
• Retains the provisions for the Permit Referral Process, Species focus area maps, Species assessment guides and the administration of development
review within species focus areas. (in current Code Section 122-2 and 122-€3)
• Provides updated floodplain management definitions for Chapter 122. (in current Code Section 122-3)
Chapter 122 FLOODPLAIN MANAGEMENT"
ARTICLE 1:. -- IN GENERAL
S.e!% 122--1..---General.
lad `:;tta kyc^•� Egg gL tucaxa, _•haN d-c-_Sag-awn as dl f^"lr �r+�rl site Maa�'lgeaaa>���_�9ara�r�arznce o >'�_Yeunro
(_cp¢arlty,11ac11a�rvFtc ac tcrl.tccI trr o,clutsrt�laa_"
�a a°talaa 1:_ltr maary rayi_Iau1� (rotttlu c tzrartcl la t ll ra vl ,tap--,,<ulll alcv tcrpvli o-tat_tl1 at a,as tz a11Yy a ll-Gala ac K1aaalIy
-------- ----- ---- -------- ---------
ithi a acy_fftlaavct Y_tturKlad a1c_rctz Ilac taatlrsa Vaatl_trat llasaatc,cl tea flu _suataaticrl5ff u1i cab t tnrt, dllit aracffi_ttr; -and
of-h- 1 S-Ac-_ualalalcave-n-ient, and Iutihly--aalsu'd- tievla, cart_ustlalctitrta altcl tie»a1x Ictrrevctatlru ,_curl aarcttac_rat.„.
�5 f I ,aaaaa ataaa a taaaaw a attl tla iam aaiaa a aiaia a t.cuelc R Ia1 .la a atry a a acut...a.aclo el t« 1a acluuaaaaa.te.ee cl and
tttataara a¢ta sat,uatalauecuauertb_,- rro<aau,a`t4taa--tact--x:rrt alo-aztatffa¢aaaaro rat_------c�alag'r=,t¢rolct' .5,rasarV ffa-c,llacle--_t------rlg- ____ _._......t_.........................................................................................................
„ . -- , rva a, as a Iry as the >� a, r. „ >try ys; flood
a„aWazaa at lrclraa tltc,f 1e�r�er/c�,�311r�r/raaz �..caa/a^, ��-ac,c,rroae.lDt.aru.,t�lV,a�aalli� caG re"a1�1a+.1u1c1an eat Ia�daa�aafdnc,taal�c,c�Yalasaao-...� �Iu�.,_p_a.e� IIy:.._a 11 v ¢u�_�1 q1 ._�.�➢a Vu. _I".lc aes"c�.._�aaale;Vt�t e eke 1 VU. flood ➢c_ap<� alauc 1. 1 l&o�U,t
ry
c,o-vu.aat.uiac„tucroaa aaa.auaaa.,a.iiaawpai„wt: flea, l late„aa�rr lta�slalaaaa t.aaala shall a a.W lea du➢ l ua11(Ia1.. alaa,l :t.aia,latariaa.attgci nrltian%t���uctalac ei,_1r1ar11c�aaas�,,.5.,-Irusl�aDirbalcaaua a�a�_z�ga�rucea_n�ru�t arv4 1�_bb��_��alra�_a,1�Ic,1afl,_r��aa.r ae-a�ntaaa�ll �_e�rzc�c,�_,. V. u t IC °k �.,
nt arltItor -tt aysttnw , aracG_crg _ , �glt „ba aa 1�1u1 a t b, l4g IGur a1 :. aaa a �u t1ha:x, a 4ki:ul tlRa ry:1 ad ,a,, o-(,
24 rel' a � as rlrvrllt'li. �.1 la„ak;tica agµrvw a�rvlutucltu crvV`tgaes^�t11�aa�lara�,�,that u�H,..�.fa 1•e,11a°a,,a�l� t�a��„P�"�aar�r's�"., a a„"aac�a..Tau tN1e extent
fanr�c�t➢ ntl a�taeu tu�t, ac rauc the, ...taaaiala der t"aa�a , �u ��uaa; aswtula1Ira Ia 1a„e rraa ....
tag laat c'crvarta°crll,Itt �
t�ca 6 lea�m tca llae :" a N�tatt e d: lattae° :can xut:, llratta�a are� aar�at. It ea aflattons. This cha a�ter
eula r a.cla -_tra y cvlci_nrt_aIac c raz_--re ilation in eff c¢ f�g'_Iua�aarl,9c;1p gat of cga aft�r��aaa��aat--_n$'lera>d hazard
aac<t_,hater at icna>I ra__ Iaatcara;�ccl tea Vac-Iclalalar ¢arecl t tl a ratraarw ai eau r ataytuatct oiiN itli aiici e rugrra 1pltive
to at r e tllc-_r,eaawanty-_r Iclaal ttc_a Iu1c�_m_ac11a1t Q_aX,ut not limited V,ca_land clevekataln lit To-f�u;ulatlrvlt,,, a aatvn
�acliu_rralac a t�al laa� tyre r aaa antra a raac°ork-ua lalatt crag x aa1t;-flea,r*lr�ti&l 1.30 slaaarx(;'car/ I his chapter does,
not revise cal„repeal any other existing a;crva niy cal"dina1'.0 e eve'regulation lea a ny way.
Item SA - Floodplain Management - U daten I m nt I t r 122
In summary, the amendment includes the following:
• Designates the Building Official as the Floodplain Administrator and provides for the duties and authority of the Floodplain Administrator, including
rendering interpretations of Chapter 122, reviewing permit applications and plans, issuing floodplain development orders or permits, providing substantial
improvement/substantial damage determinations, etc.
• Provides for the permanent retention of floodplain management records.
• Provides permit application requirements and standards, including for buildings, structures and facilities exempt from the Florida Building Code.
• Outlines the buildings, structures and facilities that are exempt from the Florida Building Code, and which require a floodplain development order:
o Railroads and ancillary facilities associated with the railroad.
o Nonresidential farm buildings on farms,as provided in section 604.50, F.S.
o Temporary buildings or sheds used exclusively for construction purposes.
o Mobile or modular structures used as temporary offices.
o Those structures or facilities of electric utilities, as defined in section 366.02, F.S.,which are directly involved in the generation, transmission, or distribution of electricity.
o Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical, plumbing,or other non-wood features.
o Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble,or reinforced concrete.
o Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
o Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code, if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
Sec.122 It).—Duties and➢I oiveies anl'the FlaaaadlWamna Aa nnmunnkh'alff.
m Sec. 1 22 31.. ttth m. ve10 mmnm�nut PaaaV �m m��iam¢rl i n HAS
➢ua:rt�n
1_aauaalpmlaraaln¢mlamxfimmtaat°x ctntmanmm--."lmcq_tactma� _ xa_at z __ta maramtta, tCta ➢m�adgllata t. @ .....D... .....
a t,amaumalraammmaa.narnum.nta.,Iaumauilanrdammlcu,nnnnannt. l➢.a.ia,arlc tammma.t.nam..limcpanny: lramtnaafilxnuantc.cltr3.:rnxama-
,a'ltnmrmnm trator, the p81b dillannna A�h,aIPTYinistrapoY n➢nrtl:�_cl6lf"p_,at mllldhV IX➢A Ykf k Cut-l ettain of hisor her �....�� � � [.....
duties tta_c_ot_Ca a raiala cu a ,. unn<aci a 1p.cann a t . annnpascsr%a:at crt umramnnm�aaunwavw'd rea,V a.taa x_rbF.....namm NrnA n aupmintlic.:d, fiaa a'luma In 2a.c:c nt......
.
to Gene!* a:unttnnan ntv. Hie l lcarac9 alaiiam apamonaaam afirnaficma a. aumfilaaari .c,wl and s.flno e.c tay,al tra daalnammaaasyfic am and- arana usucrma ame ancut mwa m6taal n.nn tllam:.>...w it,.atw,u arn, t1.ua...t icarru ca Liava�eAaara P..,uc a,. ..a6a nll.
awnm$tareg th ancuvision of aiis cim atlrn ltnc I llameadghtnnm Adam nnn t:rMor shall haave the aacttacprit r to l 1)R V.rp„m>'afudi° lcac,aue rrancl i_sarm traaawt cl tar umiauanrruura i1cucaal cldnmairm.r; ;
l ---- -------- l -- --- I ------ ------- ------- ------- --
reri-la..a oaotc,r r tii-tiwatn_s of this cha mta.s r aaan.,asfiavrufi�vutdm d.➢ar cant nmf,aaauat ar.at.aan.,s ca➢ tlar �i,:a atic;n sauaci nnr<m f ffta t a n tl�a l anat[aaa7.a.af to
an +.nvfi trlrrta traa7u. cylN a s:,M, arou l uilmn t� nr,naa m.,flaammat mc.,tu9tuna, txrrnam
L -------------t --------------------------------------------------------------------------- t - ---------- t - 1
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aaaaaaraa -,aaaei taaDafaz1i.0 yawafltg,ae z amn --lrrr _clbfia,c, n.na roam ha clarify_ t$ac__a)plmwratatara wnt t1--2nzca a trrat_a= ......... ........
dc,sign floods
Sec..12-2 5.. .�Buila kn r iic tad afi flood damage resistant nmater al - ,,rcia �n .
<a u�mmsn andmuaalmuaam:mtmuma�tnannnuatlV.auamlcHmmn, s �tnmmatumra,.�,mrnetrmmamintna,u, tloaumm�4laa �Crara.¢lea/Samrfmdrmr � t. design. r ,.� ._
m�m^marmin� t t,.4� &tca�a.,nnma.a.li�an:�mm.cal,lalua�anpaann�,��n:nw^r cic.atsna�l «;w.�t.:..r��Jnlawa��, tlnc alc,_n�na #lcuau�-1 cicaatt�an"a+an nnmca.ttluc.
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I � � ° � t na.clapx,au�mnm<nnts:..-aat.�Ga4,,➢- 1,�-c,.c,,rmfi that nuaannmm�ay.,vnnu<,➢ee:tmnc. �a"wnc,aw ra.clwaun.wcl fiaa an�alwfi,-�, ln.do :�.,n�a�t�
fucunmm i.l.uc f aar as rz 2inaala,drras t,.cswic, nnaa la.ncla¢as .mal staanmtn I nn.aa an cavcar czat cnn a.e a am sat.malastanatntml cia.mraa crl .,
---- -------- -------- �, L -I - allcl...fi„lca tri.c a.,ade a�aa7anxa airlemui,s a Ircn.ull.mtltwwi Ca��.cry fi➢.ae:....-ala .a�nm flood alevartn.on laa-crrncieal.-thart..ft
4 d — — —
,a,nc,la l mmalalmnm t.nm,natmarc„> nm.cl I a.,ml.atncs sBn all lre<le.yn a.mwai nm.cl „s ua t.naac tact nr.,ac,c,ean.clannc,a a atl:la:the flood ,.. w
- t>s _ � camna.t,,rannm fica;a.11 cut tlm�.....gancra u..,na.,rnn,.�cut filaw,c,la,c.tama.sni la�artl as&..-�nianlwia.nn:�"�..-c,n¢laa c9a...-aatll7ca.Imc,a,-ksni�nnt a.,�cf�t1T.1
l-o-ad aaac9_ffcNod r ;.taint c<acius[m o¢tncaaa_t caann rrtaauf>of- SC 24. Structures cXcsa�at 9uaanau_G_(ac t I-om eaar8 icur v�8 1c7aw at as ns.
Hnildin,g Code that arencat walhA and roofed bannlwlmnagp shall c'acmm�napal with the requiremm eats of section
122-3 l of this chapter.
Item SA ~ FloodpUa^n Management _ U date Land DeveloRM2plCodeiChapter122
In summary, the amendment includes the following:
* RequineaallonoonvensiunAmreenxent - formogroeingtonotnnnver or modify in any manner that is inconsistent with the terms of the building permit and
Chapter 122' for enclosures below elevated buildings, certain crawl/underfloor spaces, detached accessory structures, and garages.
(in current Code Section 122-7)
1-h-e ov,,-n-el all-d recorded ollthe pnq�eqy - in Official Records of the Monroe ".' ("Ilerk of
° Provides the standards for site plans and construction documents.
* Provides inspection standards to determine and/or confirm compliance with the requirements of Chapter 122 and the conditions of issued floodp|ain
development orders orpermits.
* Retains the required inspections of enclosed eneoo below elevated residential structures. (in current Code Section 122-6)
* Retains the F|oodp|oin Certificate ofCompliance Program (request inspection ofmnenclosuny). (in current Code Section122-7)
* Maintains and updates the Variance procedures (in current Code Secbon 122-5) and provides for 8 new variance for at-grade wOtflVodoroo@ed accessory
structures inA/AE Zones that are larger than 800 eq. ft. but not larger than 1.000 eq. ft. in size.
o FEK8A issued Policy #104-008-03 in Feb. 2020 with NF|P design and performance standards for accessory and agricultural structures which
Item SA - Floodplain Management
Update Land I
Motion/Vote
Sec.6-55.-Building department.
Item S.5 - Floodplain Management - Update Code of (a) Organization and admintstration. There is hereby established a department called the
B-building Ddepartinerit headed by the B-building 0efficial- Upon recommendation of the
Or din sand Construction Ce-ounty Aiadininistrator, the department :shall be assigned to the division of county
government that the B4oard of Ge-ounty Ceommissioners, determines appropriate- The
C,caunty Aadministrator with the approval of the Bboard of Ccolinty Lccirimissioners shall
In summary, the amendment includes the following: designate the 134uilding Gafficial-
• Updates the purpose and scope. Adds definitions. (b) Employee qualifications The Bbuilding Oafficial shall be licensed as a building code
administrator by the state.All appointed or hired inspectors and plan examiners shall meet the
• Addresses the administration of the Building Department including the Building Official's qualifications for licensing in the appropriate trade as established by the state-
authority and duties (including the provisions of Ch. 122 of the Monroe County Land (c)Building officiai authorihi and duties. In addition to the jurisdiction,authority and duties that
inav be conferiedupon&Building Official by otherprovisions ofthe Monroe County Codes:
Development Code as the designated Floodplain Administrator). !-The atmilding 2,afficial shall have authority to administer,interpret,and enforce provisions
• Updates the references to the Florida Building Code; and for clarification and other of the Florida Budding Co : Aeedplaifi m2aiagmnen4 r gpalatieiis, and this chapter. Such
purposes. authority,jurisdiction,and duties shall include the following:
(1)To process building permit applications and issue, void, rescind. suspend, and revoke
• Includes Local Technical Amendments to the Florida Building Code (higher floodplain building permits an&or applications-
regulatory standards than the FBC). (2)To inspect sites,buildings and structures as required by this chapter,the Florida Building
Sec.6.145.-Certificate of accupauc-.%y. Code and the Standard Unsafe Building Abatement Code;
A building or structure shall not be used or occupied,and a chance in the existing use or occupancy (3)To issue-void-rescind,suspend-and revoke certificates of occupancy and certificates of
classification of a builclzxu or struacmire ux nrtion thereof shall ne t lroe made until the BuAdin- completion;.
Offic:ial has issued a certificate of occupancy as get forth in Section I 11,Florida Budding Code- (4) To maintain building permits, financial- and ether public records relatpd te; of the
In addition to the requirement,;of Section 111,Florida Building Code,the following is required: depa1tmentL&aff4u--s:
(a) Req,4ipd. Nn nev.,hudding sliall be oeeulme4 or a ehange made in the oeeupafiey ef (5) To establish such policies- aa4 procedures and rules of procedure necessary for the
e3ustilig building Hvtd aftp*the bimIld-ing offietal has issued-a�PF�ifipate efePeupaney. administration of his or her responsibilities under the Florida Building Code and this
(ab) Issuance of certificate of occupancy. Upon completion of construction of a building or chapter-,
structure and installation of electrical,gas,mechanical,and plumbing systems and after final (6)To provide a recording secretary for the purpose of keeping the board of adjustment and
inspections,the 13building Oefficial shall issue a certificate of occupancy,_provided he or she appeals-
does not find violations of the provisions of the Florida Building Code-,this code or other (7)To apprise the Construction Board ofAdiustment and Appeals of all facts and information
laws- including: iqsiie Pi rp#ifiPatp of eeeupEffley if he ai-q1w t1i- #he eempleted at his or her disposal with respect to matters brought before it;
eon etien under t4e applieable peFmi;� (8)To apprise the Contractors Examining Board of all facts and information at his or her
(1) Was found in compliance with the Florida Building Code and this chapter disposal with respect to matters brought before it;
Was found in compliance by the Pplanning Ddirector with part H of this Code and the (9-7)To be the official authoritative source to render interpretations of this chapter and the
Floodplain Administrator with Chapter 122 of part II of the Code, Florida Building Code;
(3) Was found in compliance with fire prevention and life and safety codes by the fire (IQ4 To,enforce provisions of the Florida Building Code and this chapter_a0_the_MQLkMPPw
marslibal,where applicable-,and ofCh 122 of the Monroe County Land Development Code(part 11 of this Code)as the
(4) That any on-site sewage disposal and treatment received an approved final inspection, designated Floodplain Administrator,
where applicable- (H�)To issue stop work orders-
(bbe) Debris removal.No certificate of occupancy shall be issued unless all construction debris (12)To issue cease and desist orders an&or cease and desist letters;
is removed from the site. (13)To prevent any imminent threat of any,violation of the Florida Budding Code or this
(c,4) Revocation of certificate of occupancy.The Blauilding Oefficial may revoke any certificate chapter--,
of occupancy, if a false statement is contained in the permit application upon which the (14) To prepare and submit petitions for declaratory statements to the Florida Building
certificate is issued or if subsequent use does not conform with the larid use(zoning)district Commission-
in which the structure is located, or as authorized by the Porida Building Code or pursuant (15)To prepare and submit requests for non-binding interpretations of the Florida Buildin
to this chapter. Code to the Florida Building Commission an&or Building Officials Association of
(de) Temporapal cevq�cate of occupancy. The Bbuilding Gafficial may issue a temporary Florida-,
certificate of occupancy for no more than 12 months for portions of a building that,in his or (168)To conduct all other such duties and responsibilities as are othenvise required by the
tier determination,may be safely occupied prior to final completion of the building.
Florida Building Code and this chapter-,
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
In summary, the amendment includes the following:
• Updates the purpose and scope. Adds definitions.
• Addresses the administration of the Building Department including the Building Official's authority and duties (including the provisions of Ch. 122 of the
Monroe County Land Development Code as the designated Floodplain Administrator).
• Updates the references to the requirements of the Florida Building Code; and for clarification and other purposes.
• Includes Local Technical Amendments to the Florida Building Code(higher floodplain regulatory standards than the FBC).
1. Continues to require FEMA Elevation Certificates
2. Continues to require a V-Zone and Coastal A Zone Construction Certification Forms
3. Continues to require declarations of land restriction (nonconversion agreements) for enclosures below elevated buildings
4. Continues to limit the size of enclosures below elevated dwellings (299 square foot enclosure limit)
5. Continues to establish minimum foundation requirements and alternate engineered foundation requirements
6. Continues to require replacement of exterior mechanical, plumbing and electrical systems, equipment and components to be located at or above
the base flood elevation identified on the FIRM that was effective when the building was originally permitted
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
1. Continues to require FEMA Elevation Certificates
2. Continues to require a V-Zone and Coastal A Zone Construction Certification Forms
3. Continues to require declarations of land restriction (nonconversion agreements) for enclosures below elevated buildings
Technical Amendments:
Florida Building Code, Building, /I Edition
107.3.5 Minimum plan review criteria for buildings. 1103 Required inspections.
The: examination of the documents by the: building official shall .include the followwrin,g. The building official uupoxh notification frorn the permit holder or his or her agent shall make the
minimum criteria and documents- a floor plan; site plan_ foundation plan; flloar,fraaf followwfing inspections,and shall either release that portion of the construction or shall notify the
framing, plan or truss layout; all fenestration penetrations-, flashing and rough opening, permit holder or this or her agent of any violations which mulct be corrected in carder to conhply
dimensions;and.all exterior elevations: -with the technical codes. The bhuildxrhg official shall determine the tinting and sequencing of
Commercial �.Buildi ,�iar�r ur�ai s�i•�air�ra�Buildings: vn wheninspections occur and what elements are inspected at each inspection.
��;
S. Structural requirements shall include': ]wilding [part'al z iuou:?H1
Soil conditions/analysis
Termite protection 1. Foundation inspection.To be made after trenches are excavated and foams erected and shall at
Design loads a nnininhuunh include the fol;loww irhg building connponents:
Wind requuirements . Stem-wall.
Building envelope . Monolithic slab-on-grade
Impact resistant coverings ar systems
Structural calculations(if required) • Footers/grileade
caps
Foundation
• ]Eootens,rgrade beams
Flood requirements in accordance with section 1612, including lowest floor 1.1.In flood hazard areas, upon placenhent of the lo-west floor, including basement, and
elevations,enclosures,nonconwersnanagreement,V-Zone and Coastal A Zone prior to fiurflier vertical construction, the FEMA Elevation C-ertificate
elevatie
Construction t;'-ertifroatiou Norm,flood..damage resistant materials
shall be suubxhhitted to the authority having jurisdiction.
Wall systems 5. Final inspection.To be made after the building is completed and ready for occuupancy.
Floor systems 5.1.In flood,hazard,areas,as part of the final inspection„final l;ENTA Elevation Certificate
Roof systems 9 final eei4i efifie i of the lowest floor elevation shall be submitted to file authority
Threshold inspection plan lhaving jurisdiction,.
Item S.5 - Floodplain Management - U Florida Building Code, Residential, 7 Ih Edition
,gpgate Code
of Or i t r6 - Buil P,322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and
substantially improved one-.and two-family divellings,and.below lateral additions to one-and two-
Construction family dwellings. including crawl spaces,that are below the design flood elevation shall:
1. Be ugedsolely for parking of'vehicles-building access or storage-
2. Be provided with flood openings that meet the following criteria and are installed in
Local Technical Amendments to the Florida Building Code (higher accordance with Section R-32222.1-
floodplain regulatory standards than the FBC). 2-1.The total net area of non-engineered openings shall be not less than I square inch(645
4. Continues to limit the size of enclosures below elevated mm2)for each square foot(0.093 m2),of enclosed area where,the enclosed area is measured
dwellings (299 square foot enclosure limit) on the exterior of the enclosure walls, or the openings shall be designed as engineered
openings and the construction documents shall include a statement by a registered design
professional that the design of the openings will pro-vide for equalization of hydrostatic
RESOLUTION 193-2014 flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters
A RESOLUTION AMENDING EXHIBIT I OF RESOLUTION NO.440-2011 as Specified in Section 2.7.2.2 ofASCE 24.
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY 2.2. Openings shall be not less than 3 inches (76 nim)in any direction in the plane of the
APPROVING A 2014 IMPLEMENTATION PLAN FOR THE FLOOD
INSPECTION AND COMPLIANCE PROGRAM FOR SUBMITTAL TO THE Wall.
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) 23 The presence of louvers, blades- screens and faceplates or other covers and devices
NOW THEREFORE,HE ITRIKSOLVED BY THE:BOARD OF COUNTY shall allow the automatic flow of floodwater into and out of the enclosed areas and shall
COMMISSIONERS OF NIONROR COUNTY,FLORIDA: be accounted for in the determination of the net open area_
Sytit ],'The FUCC hereby adapts INhibit lintfinched h—l.'2014 InapIcuuminion
Plan for Mone"county Fluor!Insturrasture Inspection and,Compliance Progrann", 3 Shall not be more than 299 square feet except for perimeter wall foundations
��figp The County Administrator is directed to expeditiously transmit this Resolution I (crawl/underfloor Spaces)with wall heights less than 5 feet.
and,unt.hedexiobit to the Region IV Orficaof FFMA. R 4. Nonconforming enclosed areas of 299 square feet or more belovisr one- and tw0-;family.
F ernedW
dwellings existing,on.April 12,2004 shall not be modified,improved,or expanded unless,the
PASSED AND ADOPTED by the Bayard ofCounty Courruissioners of Momcc County,
Florida,at a regular meeting held on the Zorn day of August,2014. enclosed area are brought into compliance with this section.
Mayor Sylvia Murphy Xea
Mayo'Pro T, Daxxny Kelh.gc
Commissioner ll'.ths'Carottha's P,322.3.6 Enclosed areas below design flood elevation.
C u i,,knta.(is ge N-g-1
C.—issicure, David Rice ype. Enclosed areas below the:design flood elevation shall not be more than 299 square feet and shall
EXHIBIT 1
2014 IMPLEMENTATION PLAN FORTHE MONROE COUNTY be used solely for parking of vehicles,building access or storage.
FLOOD INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program 1612.,4.4 Additional requirements for enclosed areas.,
Monroe County has 5 Hood Inspection Programs tnclsndmg:
I' Inspection on Transfer of Ownership(Sale)
Z' Limited Square Footage Below Base Flood Elevation(Maximum of 299 square feet) In addition to the requirements of ASCE 24 for new and substantially improved residential
3. Chapter 122 Land Development Code Floociplam Regulations,as may be amended from time to time to maintain buildings(limited to multi-family divellings, apartrnent buildings-._and condominiums)and lateral
consistency with FEMA Federal Regulations and State of Florida Building Code Regulations
Ii. Certificate of Cornpidince Program additions to residential buildings (limited to multi-family' dwellings- apartment buildings, aind
51 Inadvertent observation of illegal structures betow base flood elevation in accordance with Florida Statute 553.79
Section 17(a) condominium&),enclosed areas below the required elevation shall be not more than 299 square feet
in area per dwelling unit.Nonconfb=11I.Ia enclosed areas of 299 square feet of more existinz o
April 12,2004,shall not be modified,improved-or expanded unless the enclosed areas are brought
into compliance-
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
5. Continues to establish minimum foundation requirements and alternate engineered foundation requirements
1612.4.3 Minimum and Altem-nate Engineered Foundation requirements. Design and R32,21 3A Minimum Foundation Re-quiremuents. Design of the foundation system shall be
construrctiorm of foundations in Special Flood Hazard. Areas shall be mrm accordance, with time provided by a Geotechrmical E,ngnieer registered in the State of Florida in a site-specific.
nminiinum requirements as set faith in 1612.4.3.1 or 1.61.2.4.3.2_ geoteclinical report submitted) per requirenients of Stction 1803.6 (Florida Buildinz Code,
Building).The foundation design shall be the more stringent of recomunnendations of the report and
1612.4.3.1 Minimum Foundation Requirements.Design of the foundation systenn shall meet the following mnriimimi requirements-
be provided Iby a.Geotechnical Engineer registered in the State of Florida in a,site-specific l. All stnuctuares or building fowidat.ions shall be anchoredlsoclneted into natural rock..
geotechnical report:submitted per requirements of Section 1803.6.The foundation designn This includes,, but is not limited to,auger cast concrete piles,, precast concrete piles or
shall be, the more stringent of reconmmendations of the repor# and meet the, following wooden a�T
minanunm requirements. ? All concrete oding
shall have full depth re nforcin to of ectivel ,resist the internal.
1. r�lauds':, but is not limistructures or tng ed tied.to,auger ations u shall be aruolpaared'socl)reted intonata.ural rock,This forces mduc d b thewithout failure,dean n loads,au�
concrete piles,precast concrete piles or wooden 3. All Jilin Ball be a%shored to the natumral rode with a 14 inch,minimum diameter
PALL
lateral
socket and a
to resist the
full th reinforcing to effective) resist the intemal 4. The rpM�Lile fu ua dation WppW
uric embedment of fo
All concrete il:iiu shall havefia
forces induced by tlue design loads without ffailure. �l r'e uirerl s stem s be designed
3.All Piling shall be anchored to the natural rock with a 14 inch minimum diameter au iced loadin for ann ainsui orteil hen lit defined b a furl scour condition.The sonata aactieant
socket and a mirnimi nn embedment of 3 feet. docunnents shall iruchude a statement that the design has been completed and certified
4.The mle foiind ration suu aoit s stein sliall be desi.,ned to resist the re, mired lateral loading for a full scour condition for lateral stability to the elevation of the suppoftijj rock amid
foi an uuins a)rted luei lit defined b a full scour a oruclition.The cc nsti auction alocurneiits in accordanuce,avith AACE 24.
shall rfileui E s atellt Ef)loot ffl1 rSsu ilw l3 b al canmTjtitf�aiir�_ceitified cwn_4fuilwl gco3tum 5 Bile embeAdment shall include consideration of decreased resistance cappacity used by
conditWimi for lateral stability to the elevation of the supporting rock and in accordance scour of soil strata surroundiiig the piling and have adequate rock penetration to resist
avith ASCE 24, the combined wave acid wind loads "lateral and uplift).
3.Pile;embedment shall incluicle consideration of decreased resistasnce ca acit r caused bw Florida Building Code, Residential, 7th Edition
savour of soil strata surfowidin thesiling acid have ade uate rock ienetrition to resist
the combined wave airs)wind 1 :s...lateral and�u)lift`
Florida Building Code, Building, P Edition
Current Code:
122-3(c) - All building Foundations shall rest directly on natural rock, on concrete puling 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.
122-4(a)(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.
Item S.5 - Floodplain Management - Ordinance,gpgate Code of i iConstruction
Local Technical Amendments to the Florida Building Code (higher floodplain regulatory standards than the FBC).
6. Continues to require replacement of exterior mechanical, plumbing and electrical systems, equipment and components to be located at or above
the base flood elevation identified on the FIRM that was effective when the building was originally permitted.
[BSI 503.2 Flood hazard areas.
For buildings and structures in flood hazard areas established in. Section 1612.3 of the Florida
Building Code,Building.or Section R322 of the Florida Buuildnng Code,Residential,as applicable,
any alteration that constitutes substantial improvement of the existing straactuu•e shall comply vvitln
the food design requirements for new construction, and all aspects of the existing structure shall PdIcyboWs may, d a mIlgaUlon dscourlt II[Cerl)adn cmewI
be brought into compliance with the requirements for new construction for flood design. MaCll wid Equ.rdpment(M&E and ap tdWces si-Oldnig the
buIIld ing,lil dde or,out due bril�Idn are a to of beast
For buildings and structures in flood hazard areas established in. Section 1612.3, of the Florida Ie elfin af ft floor,above the buJldddna first fk)ix.See RM
Building Code,Building,or Section R322 of the Florida Buuildrrng Code,Residential,as applicable, SeOm 3.dd.C.6.a,for a dd l of the M E that must be dal to
any alterations that do not constitute substantial innlrrov-ennent of the existing stnictuure are not receKle the dldscount
required to comply vvith the flood design requuirelnnents for nevv constr"<uctiorn,except array exterior
replacement mechanical, pluunbing and electrical systems, e uaap_pr i-nent and components shall be
required to be located at or above the base flood elevation identified an the FIRI+w!I that was effective
below the base flood elevation rignll enti tte on the loi est floor of an existing building is located d'�M i R Jiin r',�con,2O2f
when the building vans originally rrraitted If the
FIRM tlat was effective ivpien the building dr,rre z> U P ATE
originally permitted,the replacenaerat mechanical,plumbing and electrical systems,ealu)ment and.
connponernts shall be located to or above the lowest floor elevation of the building Elevation of Machinery Equipment:ent:, The li and
[BSI 701.3 Flood Hazard Areas the CRS Class 8 ReqUirement
In flood hazard areas, alterations that constitute substantial improvement shall require that the
building comply with Section 1612 of the Florida Building Code,Buurldin or Sect"� g g. corn R32'?of the ° Freeboard(addlitiion�al height above the base flood elevation)for kfre lowest finished flood
co
Florida Building Code, Residential, as. applicable. Alterations that do not constitute substantial of buildings is important.Freeboard results in reduced flood losses,significantly lower
improvement shall be required to have any exterior" replacement mechanical, plturnbing anal flood insurance premiums,and more flood resilient property owners and communities.
electrical systems, ecllaaipment .and components located at or above the base flood elevation also important is the elevation of machinery and equipment(M&E)associated with
identified ont;he FIRM that was effective when tile building was originally permitted.If the lowest buildings.M&E being protected from flood damage means fewer,National Flood
floor of an existing building;is located below the base flood elevation identified oil the FIRM that Insurance Program(NAP)claims,For some communities,Put&E being protected can mean
was effective ivIlen the building originally permitted,the replacement mechanical. phunbing,and fewer future repetitive-loss properties,
electrical systems, equipment and components shall be located to or above the lowest floor For the CIRS Class 8 prerequisite,the requirement is for residential M&E to be
elevation of the building, elevated to at least the base flood elevation plus one foot—with an exception.This
requirement comes directly from the.model International Residential Code:(IRC).
Florida Building Code Existing Building, ]tn Edition Since 2015,the IRC has required M&E to be elevated with the;exception of specially-
E" evating machinery and equipment can reduce flood risk,red uce the costs of post,Hood darnage repairs designed equipment.Floodproofing around M&E is not allowed in the IRC and is not
system restoration and fadhtate recovery after Hooding events. sufficientro meet the Class 8 prerequisite.Federal Emergency Management Agency
Item S.5 - Floodplain Management
Update Code of Ordinances, Chapter 6 - Buildinqs and Construction
Motion/Vote
Items S.6&7 - Floodplain Management - ive 1:11 n and Land Deve101Dment
Code
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMs.
• Intended to address additional difference in elevation due to a change in the updated FIRMs requiring the use of a new datum (on
average there is -1.5-foot conversion), potential increased base flood elevation requirements with the updated FIRM maps, and changes
in construction requirements based on revised base flood elevations, including the new boundary for the Limit of Moderate Wave Action
(LiMWA)with the requirement that properties within the boundary be built to VE Zone construction standards.
• The height limit change to 40ft would be based on and triggered by the adoption and effective date of updated FIRMs.
------------ -----------------------------------------------------
All new FEIVIA mapping elevations will be in NAVD8 "
/ " /r'J rfi i lev bon In, Elevations In
Ply ! r it
/11 fi
/f
,.
op/U r/
III
rk,e :.-.zr r,�,nrnv // /
/ailrr!/% " %/l v !% r li0i rj/rAi A
n� %
a r
I 17 I IILD,
p,,,,,,,,, ,,,,,,,, ,,,,,,;,; ,,,,,,,;;,,,,,,,, ,;,,,,,,, ,,,,,,,,, ,,,,,;,, ,,,,,,,;, ,,,,,,,,, ,,,,,,,,, ,,,,,,,,, ,,,,,,,;, ,,,,,,,,,
Effective(2005) FIRM FEMA Prelim FIRM County Appeal FIRM oil, l
BFE 7 BFE 9 BFE 9l
Potential BFE increase of2ft Potential decrease in starting base measurement point by-1.5ft
Items S. 6&7 - Floodplain Management — date I lei lit limitinCoa nsive 1:11an and Land
2D 2e yy 2e!12 p Mm 2e En It SCi og dg.e2
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMS. After the adoptiorix mar ora the e-fkalVedailie-of ziLkeiateci FENU Flocxl Ins;urgire Rate,
Example scenario of amendment: -foot uti�Fs vNrh1ch do.nrit exceed
............v,............ the 35 skibstaritial
RE/ /// R� P W1111111/'
W7�.................
vt� A
. ..................... I i(I vVithill th" ec"al Flood Hazard Area shall ha:ve a faiax'
�, oc�ateat�i � i MIUM
40ft limit kWEd e1evaticrinj based o.ri
No tirtl 1pfflimm"W1(0 fhe Rnrruia
req� Irfi
........... ........
35ft limit A.44J I ciaffkao,d
Ri.7,,ard Area that are substaii.tial urnpr hta�ve a.niiaxitnu-Lm he4ght firniit curt
........................................................................................................................ ..........................................................................................................................................................................................................................................................................
feel. vri. o�irder u..) elevrite the add:11lop. to the. nyr Elevated do ............................. "rca.....,t'rra red, flc,,cj,d
Now BFE el.evation.
...................................................................
Adi&�t�orts,to la :1.1 estAlvl.;'hed exil��Ssde' I diris.s v thar.the S c!:al Ft c�,cj,d
.................................................................................. ------------------ ........... ...................1............................ .............................................
Ww BFE
..........
sarsr• ..........................................................................................................................................................................
c-if 40 fiept.,�id C.h.e addition nets the.,Formia.EtahL?Ig(-"oeieflood elevatlxml
. ......................................................................................................................................................... . ..................................................................................
B.,i.7.,ard Airea that are imat,su]bsta.z.i.l i.a.1��M' !C sliall hav arriaxAnaiijrn. ]a i lit I
... New BFE ................. ...................................................Lr...................................................................................r 9...................1!.
based on iri.P1.322 2 1 aaid R322.3.1 th.e. layvfudly esabl..i.......h. tt.......updated l ed exisingbuild'trig shall not
r. :r.!'�f ti9 n f,.)f 4()
Example image is from FEMA P-758 FIRMS j.............. .............
Figure 6-9. Lateral addition to a postFIRM building in an A zone (a map revision has increased the BFE). The
:A. t a] Flood 1.1ag,'m—d Area f1halt naeets -[,.he
proposed work is a lateral addition with no work in the original building and no structural modification of the common P ........................................................................................................................................................................................................................
regalued flood A. 1j.TrntA')
wall or roof.The work constitutes a substantial improvement. Because there is no structural modification, only the ........... of th -L.,rL.)(late'd FIR.M.'s gilye'l.l. a f
addition must comply with the effective BFE which is higher than the BFE when the building was built If instead the 4()fm et. hi.no'case shall
f 4,
or a 1aw7f I Idir 2, all , exisia resideriti fial buildii L� exceetli'i�a fi a irnaxirriumn heit-71it: o0
proposed work includes work in the original building or structural modification, the addition and the building must hmi
comply with the effective BFE.
..................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition and Addition required to con"ittly; Additron required to comply,building required to 1.1.r2f.1 Pd FENA.A. FIR.Ms aie the Ma. . . . . ? to FENIA Flood histi:ra.VIce
.............................................................................................................................................................P........ ..................................................................................................................................................................................
Rehabilitation,S11111 building required to comply comply sera Note below table &1h.w c
Lateral addition,rtgt.5 11.), wid the �,,icconj.panying Fkaod him.urain e Mate Maps, dati..A.Febtajia. 18,.2i(05.
.5-1 ........................................................................................... ........................
.5_1 Addition riot required to cornpiy Addition requited to be elevated to at least the
elovation at the existing lowest floor
Lateral addition,S1,not Addition required to con"ittly; Addition required to complystrudUrally connected building not required to comply
.................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition,S1, Addition required to rornply; Addition required to comply,building required to
Structurally connected building required to comply comply(see Note below table)
Items S.6&7 - Floodplain Management
Deve101Dment Code
MotionNote
Item S.8 - Floodplain Management — Amend LandI m nt I t I ail
In summary, the amendment includes the following:
• Requires updated ROGO/NROGO scores triggered with the adoption of and on the effective date of updated FIRMs.
• Requires applicants to submit plan revisions to prior to permit issuance, demonstrating full compliance with the current Florida Building Code
and the updated FIRMs,for permits requiring an ROGO/NROGO allocation
Sec. 13S-25. -Application]P`rocedure;s for Residential ROGO.
.
k IIC ¢ irm.tirai,¢*am arof1..,,mmVmmar; mruu ma:uir.°a 1,1 m rliurxrt;m,.u.uu.rinM1ro cur errsrnn !nm. d.hr, F.M1,..J4,..m�.�.,a t uaur,rur¢o-m ...a.:�a.�a 7 S eca�z7 cnadlacs�eaFdaae�rs. The ovnnnsslxalllL��ssv assigned allocation applications
J C J �' .� �p � PP
e°"i, . • r F' ,, e , e- ., for proposed dwelling unit(s)to provide a disincentive for locating within certain coastal
the F.f,.alrwe elate of tlur tnprlakrd ri � Fllrrrud in uuna.uare Fat. t1ap.,.M airurl all Huth kaplwlmti agnnvua
cony 7et r n tfr"ut lax e nant rea eu e1 an alllocationu award tuna the ti ifecta a date of high flood hazed areas:
lnn iumu tivatlxt.:d lair
. . „
Pointe Assignment: Criteria:
the anpd'atud FF�1 flood 1n urauce FEte l &iated sadl . ... -6 Proposes structures requiring an.allocation within V'zones orn the F'El`>LA
ampwulmte(. laa s..ed¢..n t11.( ivailrrllated F1-ft�A „Fx.xa�i In ruaau ce R rte Ihw�,ml (.1. �f� ifµ�til iil i FFM.- Flood
. flood insurance rate... maps.
s.in a:i acehas Maputthnnapadptedrlegjiuu t to iF �1A blood In tir n e %ttxlw an� 1he... ... ...w aruvrrrarn w:uY , l lraraxl I.mstai anc;e Rate l"�lary� lr7t cll l �laa¢umiu� I�sM ntV� i„ ruaml rruicpnualrrl law u p v�uru,un -4 An application for ww�hichdevelopment is proposed wwrithina,CBRSunit.
y,y All:n:a he atre,rwu.as uun or erz6.e aarag rrotaa tine ROGO tavuuA rasa r ii rften the,f&es,UGww= rta0.4 l'afar na a atµrl
within Ali 1. ufth, 1w.launzaw 1,wuauntvi..,ntaulp�e,elVrvpwtnleratrvala..,. �....�.. .. ... ...... 1 ...... .....
..... ....... ....... .... .... .........
FEMA aw¢; . ; .0 aaram ..:.. :..:.
1 Revisions a ur nm�permit applications requiring the a coatuon s . building permit . „ a i r a t v that
. ..
have not arce ed in afloiaiaOn a:r;a d on the eftr,ctne dale of th+ nup,ratau at.F'F+MA V�tood pni iai n e
application for a proposed dwelling unit re-quilmg a ROGO allocation must,be approved prior tine ... .. ...... ... .. ... ...... ... .....
N ate Tw ap „ htp;p haws u,; e mtal,pr2.ri an x.or rree� nu,x teat gmigiafi uapaltata:¢�,pay eel r at tNua arproated FFINIA
%uulernittin a ROC.iO application. In the event that the FloridaBudding f,a"aoJe�a:rual;m arr 1, FPuEl!l File ani
° pl Flood Insurance Rate Sy"Z;11 lFll.:�t,y. Updated FI�+.JIVI^� l,l,00d Insuarancc Rate M,N-3 Aire the mt:ll:ap"t.
........ .....
4,p ., A...., . , .., ..
lun,.,r.utanra..w .l1.at,.v .,u>ian. pp ll,.lwt1 i is amended l...tnrr,,. .u¢ tl.uw,, slant, tll�,�.wt a .lN..,, wa1.t ,.k..ulna.«utnuvan, u., ,,aw.auu,uttt..u,l a ,.:, � :ry � e
l � � l l altr�ugak...�rt „,soli cpnaiamuk kax FiFtvuf� t^ia.arroct fau�uznanae ,krac.11 axurai t.fla. egxaa rntuauu'�nv.�:l-t nit lfn..,murcaui� ,t�.au�.
,,... ,,,,. ,:,. . w a
and the date on wwl>n h a flatuwlduru permit, requiring the ROGO allaw�atrort s applied for u.. n ;,aua.u.l t n". e t
l g g � � pp lttapxa,...atant.i1 V a CN.ttaraug V ?.,�.. V p 7„axA�uarralrrarl�.:at L't xetgt ra a awal,,Namun N.rr 1,., euf ttn.:..a�l�raatxe..x.:nmana�t}
(Which follows the date on which the required allocation(s)is awarded),ifnecessan-y°,the apj.Nlou:a.u.at 1) R elly.rtament Caaate:
la„alp s ubrrurm p iuxk tc t1w, Ilvuada;trlu'g I°e gluuP ul rkuarru sln ,,uaPuvk,l full u?',ath
the, cu.ur r �� aaa„n'rx,auuu:l i°1uP., ska�laullnkr���l 1"l�jt.Ff in effect. These plan sewmttacuns shall tees t„,out r"heir rrr,l,a air al' : t,..
submitted ivithin 180 days of the ROGO, allocation award date or the applicant shall forfeit the
ROGO allocation aww.-•ar . Following receipt of the plan revisions_ the Building Department shall
re 4-iewwr the revisions as if the application its new(however retaining the same(building permit number
for administrative purposes)- based on the building; code and....:ihe malrpta rl i f R.M., for compliance
prior to issuance of the building permit,requiring the,ROGO allocation(s)by the Building Official.
Such mandatMr revisions and review are limited to the modifications, necessary- to demonstrate
compliance with the Florida]B-uilding;Code am.d the adoln IF.!..te�.j in effect at the time of(building
fir.. .; lay 6::� ... .. wmt I aaa t rraa E2.2ala!2! a 2 Ish� .
permit issuance- l-kali�... :° n l Ir
that a�ffcl t the ferret rnp..f. o a dwelling�...:�uaimnt„ nn,,p:r au ew n;;:l ,arinn of habitat or incira;e ffi height t of
... p F .. l
the struait taxi e h�ull'll lam;:rea ion.wu ed l rt Compliance i ance au atfu tl:a l ararl l le elVM.rpus tent Code in effect-al the
...... .. ....... ........ .... ....... ........ ......
tannaerOf.perrruita uzrroa:;e.
....... ...........................................................................
Item S.8 - Floodplain Management
MotionNote
.........................................................................................................................................................................................................................................................................................................................................................................................................
Addendum to the 2017 CRS Coordrnatorls Marwtf A-10 Edihon:: 2021
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
NIew Prerequisite for Class 8
♦ On page,210-4,a new subsection is jnseiI
211.1b. Class 8 Prerequisites
all the Class 9 prerequisvics-,I)The community rnu,,st meet
(2)The community MUNt adopt and cnforce at least it i-fout frceboard requirement
(including n-Lachincry Or equipment) for all residential buildings co.nstructed,
substantially improved,and/or reconstructed due to substantial damagc throughout iLs
SHIA where base flood elevations have been determined o.01 its currently effective
FIRM or in its Flood Insurance Study(FIS),cxccpt those areas that recclvc open spacc
cl-edit.under Activity 420(Open Space Preservation).
The Class 8 prerequisite can be rnct through the criforccnicnt orlocal ordinances or building
codes,andjor state building codes,provided the freeboard standard applies to all residential
buildings, %Nhcthcr single-farni I),,mulfi-ramily,or manufactured. This includes theth
replacement oft-nanufactuyed homes, im pre-FIRM manufactured home p�arks.
The ordinance Or building code must rcqui.rc that machinery or equipnicnt be elevated to,at
least I Foot ere
the base flood elevation for buildings newly constructcd,substantiallyI.
iniproved,and/or reconstructed due to subsuartfial damage. This requirement includes
machinery and equipment placed Nvithin attached garages and/or within cnctosurcs below
elevated,buildings,with the exception ofutility meters and cqui.pnicrit specifically designed
to vvithstand inundation according to the standards offlic Intcrnational Rcsidcntial Codes
and t It N F I PT he e . Class 8 freeboard prerequisite will be inct provided,that attac ga hed rages and enclosures below elevated buildings mcct the minimurn requircments oftlic NFIP
(c1cvaled to,the base flood elevation or having proper openings).
Comi-nunitics that enforcc an adopted frccboard standard that meets the Class 8 prerequisite
will be provided with ffccboard,(element FRB)credit,under-Activity 430(Flighcr Figure 3-1.Air courlitionirig compressor elevated ou a Figure 3-2.Air couditioriag compressor elevated ou a
Regulatory Standards). Credit will be cvaluatcd at the next CRS verification ViNit Or next pedestal. cantilevered platform.
modification.
Figure 4-15.Deck provides meter ................................................................................................................
access and allows the meter and L,West hori7ontal structui al I owest horizontal structural
bor of elevated Wading mointor of O ovatod building
main service panel to be elevated anti ...............
, Install service connections(e.g,,
protected from flooding.Electrical oloctric lines and meters,Wophone
components placed below the flood
iunctron bOXOS,CebiO jUncfiori� =rrrrrrr==
protection boxes�above flood protection level,
instalf elpetrical
protection level remain vulnerable to components on
level la
ndward andwd side of interior proles or landward side of
flood dairiage. Flood ........ rnber othervertical supl)ort neoniii interio,cilas o,other
Protection
venical support
level
N �"'�row I`- .... .�;t" i //000000/ ..........00%/%�%%%/i nies
Secure risers with
corrosiorr-rosiWart
M straps or ancli
(2 feet on center,
"Zz
Pile maximum}
l an
dward/—
do—strearn downstrear,
MIX,
.............
4 NI I T 1,(IA T 1, N MF,0k`,1. RH,, PDR RPSIDENTIA1 BUIUDIINGS
Figure 4-2.Elevated HIVAC condenser
units in a coastal zone with a 'rr Tvc,
protective railing instailled(Galveston
0
Island,Texas).
M
Code of Federal Regulations
( ) RegUire that alp new constrUction and sUbstantpal improvements of residential strUctures (5) Require,for all new courustrucflion auad substantial iirnprovernents,that fullly enclosed areas
within Zones Al-30„AE and AH zones our the corrnnaU pity°s FIRM have the lowest floor below the lowest floor that are usable solely for parking of vehicles,building access or
(irrclUdilIg basement)elevated,to or above the base flood pevel,unless the corrrnrU pity is storage pia an area other than a basement and which are subject to flooding shall be
gmntedp arr exception by the Federal Insurance AdlrrwiuIistrator for the allowance of designed to auton-iaticalllly equalize hydrostat c,flood,forces on exterior wralllhs by allllowpuag foir
basements in accordance with§60 6(b)or(c); the entry and exit of floodwaters. Designs for irneeting this requiirernent must either Ibe
(3) RegUire that alp new constrUCtion and,sUbstantpal improvements of non-residentpap certified by a iregistered professional engineer or architect or rneet or exceed the following
struactrrres within Zones At-30,AE and AH zones on the community's firm napnirnuu-n criteria:A r-nlinlinaurn of two openiings haviing a total l net area of not(less than one
square finch for every square foot of enclosed area subject to flooding shall Ibe provided The
(pi) have the powwest floor(including basement)elevated to or above the base flood levee or, bottorn of all openings shallh be no Ngher than one foot above grade.Openings may Ibe
together with attendant utility and sanitary facilities,be designed so that below the base equipped with screens,louvers,valves,or other coverings or devices provided that they
flood level the strwaotrire is watertight with walls srrbstantiaky pnapermeaNe to the permit the autornatiic eirntry auad exit of floodwaters.
passage of water and,with structural components having the capability of resisting (6) Require that rnanufactuured homes that are Ilollaced or substantially improved within in Zones
hydrostatic and hydrodynamic loads and effects of buoyancy; Al-30,AH,and AE on the cornrnuNly"s FIRM on sites
O provide that where a non-residential strUcture is intended to be made watertight below the (n) Outside of a rnanuafarctrured hoirne park or Subdivision,
base flood level,
a registered arofessionap engineer or architect sh'IaH develop and/or review structural (ii) pn a new manufactured horne park or subdivision,
design,specifications,and pagans for the construction,and shall l certify that the design hiup) put an expansion to an exlisting manufactured home park or subc'piiviision,or
and methods of constrUction are in accordance with accepted standards of practice for
h' p pin at existing nanu acttrec �o ane park or sdbdpvhspon on which a r"anufactured home
meeting the applicable provisions of a� ag ah pc)( )(py or(dD(ty( (of this section,and
has lir7cuirirecp"substantial dparnage"as the result of a flood,,be elevated cn a permanent
(fl) a record of sUch certificates which uu" lodes the specific elevation(in relation to paean foundation such that the lowest floor of the irnauaufactured home is elevated to or above
sea level)to which srrch struuctrrres are fpoodpproofed shale be maintained)with the official the base flood elevation and be securely anchored to an adecluatelly anchored
designated by the conrrraUNty Under(t 59 22(a)(0)(kii); foundation systern to ireslist floatation colllalpse and lateral imoveirtneni.
p14, Require that recreationall vehicles placed oua site s w ilhi n Zones A 1-30,AH„and AE oua the
comirnuuniity's FVRM either
('i) Be oin the site for fewer than 180 consecutive days,
(i) Be fuulllly(licensed and heady for highway use,or
(rip) Beet the permit requirements of paragraph(b)(1)of this section and the elevation and
anchoring irequ ireu-rents for"manu.wfactrured hoinoes"In paragraph(c)('6)of this section.
A recreational vehicle is ready for highway use if it is on its wheels or Jacking systern,is
attached to the site only by quick 6sconnect type utilities and security devices,and has
no permanently attached addiitions.
Code of Federal Regulations
(2) Within Zones V1-30,VE„and Vona a�OMMrMily°s FIRM, (5) Provides that all new COnStr'tu tOn and substantial improvements wiit [n Zones V1;30,VE,am-od
(ui) obtain the elevation(in relation to mean sea level)of the:bottounn of the lowest structural � y �the space bellow the Illow�west floor either free of obstruction V on the community's FIRM have
nnernlaer of the lowest floor(excluding Pilings and colrirnns)of all new and substantially or constructed with non-suppnortiing Ibireakawwway walls,open wood Ilattiice-work,or iinsecl.
irnp roved structUres,and whether or anot Such structures contain a basement,and screening intended to collapse under wind and water loads w^wiithout causiing cc:ulllaprse,
displacement,or otlhrer structural darmge to the elevated portion of the bulilding or
runrder srr �22(a)O alp sr�reh information with the official designated by the coma uInrrr ity 4 p��
� seu a�ortiincg fn:r�runncdatlin:rn system For the genrpwoses of this section,a brealkw�way wall shall have a
u O( )(ildi°°� ; design safe Iloadiiung iresistance,of not(less than 10 amid ino more than 20 pounds per square
(3) Provide that all new construction within Zones V11-30,VE,and V on the cornnnurnpty°s FIRM is foot. Ldse of breakway walks which exceed a design safe loading resdstance of 70 pounds peer
located landward of the reach of mean high tide, square foot(either by desiigmn or when so requored by Ilocal or Mate oodes) miay Ibe permitted
(4) Provide that all new construction and substantial improvements in Zones V1-30 and VE,and only of a registered professional engineer or architect certifies that the designs proposed
also Zorne V if base flood elevation data is available,on the community's FVRM,are elevated meet the follllo wpng conditions"
on pilings and columns so that (i) Breakaway wall l coll1apse shallll result froirn a water Road(less than that which would occur
(ui) the bottom of the lowest horizontal strructurap member of the lowest floor(excluding the during the base flood; and,
pilings or columns)is elevated to or above the base flood level„and u) The.elevated Iportion of the Ibupllcdrng amid supporting foundation sy°sterrm sEnalll rrot be.
(f') the Pile or column foundation and structure attached thereto,is anchored to resist subjject to collapse,dispnlacerrnem,oir other structural l damage due to the effects of wind
flotation,collapse arid lateral rnovernent clUe to the effects of wind and water loads amid water loads aching sirtrulltanen:wuslly on all buildiiung coirnnpaornents (stwctuurall amid non-
acting sirnuitaneously on all building cornpnorrents.Water loading values used shall be structturall(.Water loading values used shallll be those associated kitlh the base flood.
those associated with the base flood,Wind loading values used shall be those required WWond loadiincg values used shallll be those required by apapkcalblle State oir local building
by applicable State or local building standards.A registered professional engineer or standairds.
architect shall develop;or review the struuctUral design,specifications and plains for the
constrUction,and shale certify that the design and methods of construction to be used Such enclosed space shallll be usealblle solely for Iparking of vehicles,buiildpng access,or
are in accordance with accepted standards of practice for rneetirrg the provisions of storage,
pnrsi a gTapah,(e)(4)(i'i)and(k)of this section. d" Prohibit the use of foul for structurall su aort of Ibuk6n s within Zones V1-;30,VE,arid V on the
(. .1 PIi g 9
cornurnnuniity's HRMv
(7) Prohibit man-made allteration of sand dunes and mangrove stands within Zones V1-30,VE,
amid W on the community's FIRM Which v+wculld increase Ipotential flood damage.
Table 6-1 a.Compliance Matrix(A Zones) Table 6-1 b.Coinipfiance Matrix(V Zones)
lig
ON
Rehabilitation(renovate Compliance not required Work shall comply and shall not be allowed to Rehabiilitati�ion(innovate rk ha -0 ly and shall) alilowedl to,
k, I g n 0 n_"m
d that we r,
- o 7 777q 77
q comply
and sh,
7-77 7, e 7 Wo as 11 Mpo ",m tS
or remodel),not Sl make the building non-compliant with any aspect or remiode I),Dn,2,Ljl ma the
b ul d In with any aspect
of the building that was required for compliance of th'b'f in g ir compliance
Rehabilitation(renovate Building required to comply Work shall comply and shall not be allowed to G fit r, v t I comply W r , I " p
Rehabilitation(renovate Building ding r wr d to Ware,ha I I alflowed to,
or remodel),Sl make the building non-compliant with any aspect I� Sl t
of the building that was required for compliance or remiodel),Sl mak he bull diing n o n-cornpian with any aspect
(see Note below table) of the building that was ireq,uiired for compliance
Lateral addition and Addition required to comply; Addition required to comply;building required to (see Note below tablie),
Rehabilitation,Sl building required to comply comply(see Note below table) Lateral addition and Addition required to comply� Addltion required to comply,and rehabillitation
............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabllitation,Sl building required to,cornpIly work shall cornpIly and shall)not be allowed to
Lateral addition,not SI Addition not required to comply Addition required to be elevated to at least the make the builidiing non-compflant with any aspect
elevation of the existing lowest floor
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ of the bullding that was iregpuired for compliance
Lateral addition,SI,lia Addition required to comply; Addition required to comply (sae Note below tablie)
structurallyconnected building not required to comply ........................................................................................................................................................................................................................................................................................................................
Lateral addition,SI, Addition required to comply; Addition required to comply;building required to Lateral addlition,not SIl Addition not required to comply Addition required to comply
structurally connected building required to comply comply(see Note below table) Lateral addition,SI,not Addition required to comply„ Addition required to comply(see Note bellow)
Vertical addition above Compliance not required Work shall comply and shall not be allowed to structuraIlly connected bUildling required to,cornpIly
building,not Sl make the building non-compliant with any aspect Lateral addiftion,SI, Addition required to comply„ Addition required to comply;building requiired to
of the building that was required for compliance structuraIlly connected bUildling reqluired to,cornpIly comply(see.Note bellow table)
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ...............................................................................................................................
Vertical addition above Building required to comply Work shall comply and shall not be allowed to Vertical addition,above Compliance not required Work shalil compIly and shaIll not be alflowed to,
building,Sl make the building non-compliant with any aspect building,not Sl make the buillding non-compfiant with any aspect
of the building that was required for compliance of the Ibuuilding that was required for compliance
(see Note below table) ...............................................................................................................................
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Vertical addition above Building required to comply Work shaIll compIly and shaIll snot be alilowedl to,
Repair foundation,not Compliance not required Repairs shall comply and shall not be allowed to building,Sl make the builidling non-compfiant with any aspect
Sl make the building non-compliant with any aspect of the bullding that was required for compliance
of the building that was required for compliance (sae Note below tablie)
Repair foundation,Sl Building required to comply Building required to comply(see Note below
table) Repair foundation,not Compliance not required Repairs shall comply and shall not be allowed to
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Sl make the buillding non-compflant with any aspect
Replace/extend Building required to comply Building required to comply(see Note below of the Ibuuilding that was irequuiired for compliance
foundation,Sl(including table)
"elevate-in-place") Repair foundation,Sl Building required to comply Bulilding required to comply(sae Note below
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ tablie),
Repair damage,SID Building required to comply Work shall comply and shall not be allowed to ...............................................................................................................................
make the building non-compliant with any aspect RepIlace/extend Building irequuiired to comply Buiilding required to comply(sae Note below
of the building that was required for compliance foundation,S11(indluding tablie)
(see Note below table) "elevate-in-place"),
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ..............................................................................................................................
Reconstruct new Reconstructed building required Reconstructed building required to comply(see Repair damage,SID Bulilding required to comply Wall shaIll comply and shaIll not be alilowedl to,
building on existing or to comply Note below table) make the builldling non-compflant with any aspect
new foundation,Sl of the.bullding that was required for compliance
.......................................................................................................................I.........................................................................................................................................................................................................................................................................................................................................................................................................
(sae Note below table)
Reconstruct new RaconstrLlGtad buillding requirecIl Reconstructed buillding required to comply)see
building on existing or to GOmPIIY Note bellow table;)
new foundation,Sl
.........................................................................................................................................................................................................................................................................................................................................................................................................................
https.//wwvv.f�oodsma rt.gov/what-u m pacts-my-prern urn-a nd-po�u cy-costs
What impacts flood insurance policy costs?
A.number c)I I actors are consider edwhen deterininingyour a rinual Hood insurance piemimn.These factors
include:
Flood risk(e.g.,your flood zone)
The type of coverage,being purchased(e g.bufldng and contents coverage)
The deductible and amount ot biailding and contents coverage
The location ofyoin:structure
The design and age of your structure
The location ol youn stryiclure's contents(e.g Are yotu ulylit➢es elevated?)
With its tww raflng methodolo[.W,Msk Rating).-t):E.'qtflty in Action,FEMA also ncm Ims the capability and
tools to addiess rating disparities by incorporatftig mcuc flood risk vujables.I here include flood ftequency,
inultiple flood types river ovey.t1cm,storm suge,coastal ercasion,and heavy rainfall and distance to as
walet souice,aas well as I�iiopej,ly chatac tei-isdcs SUCly dS elevation and the cost to lel)LARL
Your property's elevation
For Propeffles la Idgh lisk flood areas bufli.�:,ifter the first FedeialErneigeivy ManzIggent wy 0-1-NA)
mn Agg
flooddinalls,the e[evation ol.the building in relation to the b-a-s-e is also as factol.
WIffle Elevation Certificates(ECs)will nc�)kniger be reqWred to purchase coverage under Risk Rating 2.0:
Equity in Aclion,as piq.,)erAy owner maychoose to piovide an EC and subrnit lt. to their agent to de tellnine if
it wHl lomfer theit cost of insurance.ECs will.also c ontinue to be used foc floodplain.management buildhig
iequifternents,which can affec.1 eligibility toy C.onimunitV Rating Systern discounts.
Learn rnofe about FCs and how you ran pay less.