HomeMy WebLinkAboutArticle XIIARTICLE XII: SURFACE WATER NIANAGENIENT
SECTION 54-3-12.1 APPLICABILITY
The minimum standards for surface water management and flood protection set forth in this article shall be
applicable to all new construction, development or redevelopment requiring updated code compliance.
SECTION 54-3-12.2 PURPOSE
The purpose of this article is to protect the health, safety and welfare of the citizens of the City of Sebastian; to
implement those policies and objectives found in the drainage element of the City's comprehensive plan; to
ensure protection of land and improvements together with natural resources through the use of responsible
stormwater management and flood protection practices; to restrict or prohibit uses which are dangerous to
health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or
in flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction; to control the alteration of natural
floodplains, stream channels, and natural protective barrier which are involved in the accommodation of
floodwaters; to control filling, grading, dredging and other development which may increase erosion or flood
damage; to prevent or regulate the construction of flood barriers which unnaturally divert floodwaters or which
may increase hazards to other -lands; and to ensure replenishment of the aquifer system and to provide a
continuing usable water supply.
SECTION 54-3-12.3 RULES OF CONSTRUCTION.
These requirements are intended to complement regulations of the Florida Department of Environmental
Protection (DEP) and the St. John's River Water Management District (S.J.R.W.M.D.), all as adopted or as may
be amended from time to time. Approval of a stormwater management system under these requirements shall
not relieve any applicant of the necessity to obtain required permits or approvals from other State, Regional or
Local agencies. In the event of a conflict between these regulations and State regulations, the State regulations
shall prevail unless these regulations are more restrictive.
SECTION 54-3-124 PROHIBITED ACTIVITY.
A. It shall be illegal for any person to construct, and/or alter, or arrange for, authorize, or participate in
development within the incorporated area of the City without first obtaining a valid permit to construct
either a drainage, stormwater management, and flood protection system pursuant to this code.
B. It shall be illegal for any person to construct any structure in such a manner as to impede the functioning
of a drainage system that is: (1) publicly maintained or (2) located on private property and is a part of a
drainage system serving more than one owner when such system is located in an easement which exists
for the benefit of other land owners. A structure which meets the requirements of the City's standard
specifications for the construction of public facilities and physical improvements shall be presumed not
to impede the functioning of the drainage system.
SECTION 54-3-12.5EXEMPTIONS.
The following activities shall be exempt from the surface water management permitting requirements herein
established:
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Chapter III: Performance Criteria
Article XII: Surface Water Management
A. Any maintenance, alteration, renewal, repair, use or improvement of an existing structure which does
not change or affect the rate or volume of stormwater runoff, or the construction of any structure or
addition thereto which does not create an impervious surface exceeding ten (10%) percent of the site or
five thousand (5,000) square feet, whichever is less.
B. Any activity or development project which is demonstrated by the applicant to have vested rights.
C. All activities undertaken by a governmental agency within their respective easements and rights -of -
ways. These surface water management policies shall not be construed to prevent the committing of
any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal
property as a result of a present emergency, including but not limited to fire, infestation by pests, or
hazards resulting from violent storms or hurricanes or when the property is in imminent peril and the
necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the
property.
D. A report of any such emergency action shall be made to the City Engineer by the owner or person in
control of the property upon which emergency action was taken as soon as practicable, but not more
than ten (10) days following such action. Remedial action may be required by the City Engineer,
subject to appeal to the City Council in the event of dispute.
SECTION 54-3-12.6 SINGLE FAMILY DRAINAGE, STORMWATER MANAGEMENT.
Drainage and flood protection regulations are applied to the construction of single-family and duplex homes. In
newer subdivisions complete drainage systems have been constructed to address most, if not all, drainage
concerns. Nonetheless, lots must be filled and graded in a manner to meet other requirements including the
standards for septic tanks. The following drainage, stormwater management, and flood protection regulations
apply to single-family and duplex homes.
A. Flood Protection. Prior to constructing a single-family home or duplex on a parcel in a flood hazard
zone, a Type "C" stormwater management permit shall be obtained from the City Engineer. The City
Engineer shall approve any revisions to the approved permit.
B. Drainage and Stormwater Management. Prior to constructing a single-family home or duplex on a
parcel not in a flood hazard zone, a Type "D" (known as a drainage permit) stormwater management
permit shall be obtained from the City Engineer. The City Engineer shall approve any revisions to the
approved permit.
No certificates of occupancy shall be issued until a functional drainage system has been constructed and
approved by the City Engineer. The City Engineer may require the construction of retaining walls, roof
gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.
SECTION 20-3-12.7 COMMERCIAL, INDUSTRIAL OR INSTITUTIONAL SITES WITH LESS
THAN 5,000 SQ.FT. IMPERVIOUS SURFACE DRAINAGE, STORMWATER
MANAGEMENT.
Drainage and flood protection regulations are applied to the construction of commercial, industrial or
institutional sites. Lots may need to be filled and graded in a manner to meet various requirements. The
following drainage, stormwater management, and flood protection regulations apply to commercial, industrial or
institutional sites that have less than 5,000 sq. ft. of impervious surface.
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Chapter III: Performance Criteria Article XIL• Surface Water Management
A. Flood Protection. For each commercial, industrial or institutional facility located in a flood hazard
zone, the site plan approval application shall include an application for a Type `B" stormwater
management permit. The City Engineer shall approve any revisions to the approved permit.
B. Drainage and Stormwater Management. For each commercial, industrial or institutional facility not
located in a flood hazard zone, the site plan approval application shall include an application for a Type
"A" stormwater management permit. The City Engineer may waive any of the requirements of
SECTION 3-12.10. if the City Engineer determines that such requirements are unnecessary. The Type
"A" stormwater management permit shall be approved by the City Engineer prior to the issuance of a
land clearing or building permit. The City Engineer shall approve any revisions to the approved
conceptual plan.
No certificates of occupancy shall be issued until a functional drainage system has been constructed and
approved by the City Engineer. The City Engineer may require the construction of retaining walls, roof
gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.
SECTION 54-3-12.8 COMMERICAL, INDUSTRIAL, OR INSTITUTIONAL SITES WITH 5,000 SQ. FT.
OR MORE IMPERVIOUS SURFACE DRAINAGE, STOR1tiIWATER
MANAGEMENT.
Drainage and flood protection regulations are applied to the construction of commercial, industrial or
institutional sites. Lots may need to be filled and graded in a manner to meet various requirements. The
following drainage, stormwater management, and flood protection regulations apply to commercial, industrial or
institutional sites which have 5,000 sq. ft. or more of impervious surface.
f"1 A. Flood Protection. For each commercial, industrial or institutional facility located in a flood hazard
zone, the site plan approval application shall include an application for a Type `B" stormwater
management permit. Site plan approval and a Type "B" permit shall be issued prior to the issuance of a
land clearing or building permit. The City Engineer shall approve any revisions to the approved permit.
B. Drainage and Stormwater Management. For each commercial, industrial or institutional facility not
located in a flood hazard zone, the site plan approval application shall include an application for a Type
"A" stormwater management permit. Prior to the issuance of a Type "A" permit, the project's engineer
of record shall certify that the plans submitted to the City are the same as the drainage and stormwater
management plans approved by the St. Johns River Water Management District (S.J.R.W.M.D.) or the
Department of Environmental Protection. Site plan approval and a Type "A" permit shall be issued
prior to the issuance of a land clearing or building permit. The City Engineer shall approve any
revisions to the approved permit.
No certificates of occupancy shall be issued until a functional drainage system has been constructed and
approved by the City Engineer. The City Engineer may require the construction of retaining walls, roof
gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.
SECTION 54-3-12.9 SUBDIVISION DEVELOPMENTS, DRAINAGE AND STORIMWATER
MANAGEMENT.
A. Flood Protection. For each subdivision where a portion of the site is determined to be in a Flood
Hazard Zone, a Type "B" permit shall be obtained prior to the approval of a construction permit. The
Type "B" permit shall be consistent with the approved preliminary plat. The City Engineer shall
approve any revisions to the approved permit.
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Chapter III: Performance Criteria
Article XII: Surface Water Management
B. Drainage and Stormwater Management. Each subdivision not located in a flood hazard zone shall
obtain a Type "A" stormwater management permit. A Type "A" permit shall be issued prior to the
f00*� issuance of a construction permit. The City Engineer shall approve any revisions to the approved
permit.
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SECTION 54-3-12.10 TYPE "A" PERMIT, STORMWATER MANAGEMENT (DRAINAGE),
COMMERCIAL SUBDIVISIONS.
A. Criteria
No Type "A" permit shall be issued unless the following criteria are met:
1. Design Storm. The design of the on -site stormwater management system shall be based at a
minimum on a twenty -five-year frequency, twenty -four-hour duration storm event. The design
of any off -site stormwater management system improvements shall be based upon a twenty-
five -year frequency twenty -four-hour duration storm event. The modified Type 2 SCS rainfall
distribution shall be used. Post development runoff shall not exceed pre -development runoff.
2. One or more elevation benchmarks NGVD (' 1929) must be established or referenced. The
stormwater system is to be designed utilizing the benchmarks.
3. The hydrologic computations for the stormwater management system shall be based on full
hydrograph generation for the development project and contributory area utilizing such methods
as published by the National Resources Conservation Service (MRCS) (U.S. Department of
Agriculture, SCS "Natural Engineering Handbook," Section 4, Hydrology: 1985 and "Urban
Hydrology for Small Watersheds," Technical Release N0. 55: 1986). For projects of less than
twelve (12.00) acres, the rational method of runoff computation is satisfactory. The rainfall
intensity -duration curves provided in Volume 2- Procedures Florida Department of
Transportation (FDOT) Drainage Manual are hereby incorporated as part of this code and shall
be used in making all required hydrologic computations.
4. Required retention. Retention or detention with filtration of the first one inch of rainfall shall
be provided on -site. Detention with filtration or retention shall be provided on -site for the
initial one inch of rainfall plus additional stormwater runoff generated by the development
project over and above that generated by the site prior to the proposed development unless there
is a legal positive outfall available which has sufficient capacity to accept the additional runoff.
All projects located east of the Florida East Coat Railroad shall retain the first one and one-half
inch of rainfall on -site before discharge into a legal positive outfall or the Indian River.
5. Retention or detention design criteria.
a. Retention or detention facilities shall be constructed in such a manner as to maximize
utilization of available percolation capabilities on the site for recharge enhancement, to
minimize mosquito breeding and shall be easy to maintain. All detention facilities shall
have a skimmer if required by SJRWIvLD.
b.
Stormwater management systems that are to be dedicated to the City shall not penetrate
the seasonally high groundwater table.
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Chapter III: Performance Criteria Article XII: Surface Water Management
C. Private wet retention/detention systems shall meet the following criteria:
/001� (1) The applicant provide a water quality certification from the St. Johns River
Water Management District or DEP that the direct connection to the
groundwater table, as proposed, will not significantly adversely affect the
quality of the groundwater. The issuance of a SRJWMD permit, exception, or
waiver shall be sufficient and conclusive that all water quality standards are
satisfied. If the site is below SJRWMD or DEP thresholds, the City Engineer
can waive this certification.
(2) The site is not located on a recharge area.
d. As the SJRWMD requirements for treatment are equal to, or more stringent than the
City's, the issuance to the applicant of an appropriate SJRWMD permit, exemption, or
waiver shall be sufficient to show that all water quality treatment standards contained in
this code are satisfied for Types A, B, and C permits. For issuance of Type A, B, C, or
D permit, the applicant must show adherence to other sections of this code related to
flood regulation, water runoff and quality discharge regulation, and other appropriate
regulations contained herein.
6. Legal positive outfall required. Discharges from the development project shall be handled to
a point of legal positive outfall. Tailwater stages of the receiving waters must be taken into
account in design.
7. Dry detention discharge. The bottom of dry retention areas shall be sloped to form a
f permanent drain. A detention area shall have an outlet device, and shall not be lower than the
elevation of the off -site receiving channel or water body unless protected by a suitably designed
flap gate.
8. Open drainage ways. Where permitted, open drainage ways shall retain natural design
characteristics and be so designed and protected that they do not present a hazard to life or
property. The design shall include measures to protect against scour and erosion and provide
for stable side slopes. Whenever possible, such waterways shall provide for adequate flushing
action by prevailing winds and currents to assure the prevention of stagnant water and debris
accumulation.
9. Disposition of stormwater runoff. The stormwater management system for developments
located predominately on excessively drained soils should maximize stormwater infiltration.
This shall be accomplished through the use of bottomless inlets, perforated pipe, grading to
retard runoff, natural or artificial retention or detention basins, or other methods depending on
the characteristics of the land area. Specific guidelines are as follows:
a. Areas and lots shall be developed to maximize the amount of natural rainfall that is
percolated into the soil and to minimize direct overland runoff into adjoining streets and
watercourses. Stormwater runoff from roofs and other impervious surfaces should be
diverted into swales, or terraces on the lot.
b. Street drainage shall be sodded swales or curb and gutter. in accordance with City
specifications, provided all curb and gutter systems shall discharge or direct water
across a sodded swale area or other filtering medium.
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Chapter III: Performance Criteria
Article XII: Surface Water Management
C. Whenever practical, as indicated by soil characteristics, water table elevation, and
topography, the overflow from any swale used shall be diverted to percolation areas,
ponding areas, or natural or artificial seepage basins of sufficient capacity to retain and
provide for the maximum infiltration of stormwater runoff from each drainage area for
the design storm.
d. Whenever practical, except in those development projects where temporary ponding is
allowable, each percolation or retention area shall include positive drainage facilities
which provide for drainage to public outfalls or a lake, or watercourse, to handle the
runoff from storms of longer duration and severity than the design storm.
e. The area surrounding a retention or detention basin is recommended to be used as
private or public open space and shall be grassed unless the slopes exceed 4:1 which
would require sod.
f. The Soil Survey of Indian River County published by the U.S. Department of
Agriculture, Soil Conservation Service: 1987, shall be the document to determine soil
classifications. Such soil classification may be modified by on -site testing and
engineering evaluation.
g. Flood routing analysis for all new Local road facilities shall show that the water
elevation shall at no time during the design storm duration exceed an elevation that
would:
(1) Permit floodwater encroachment outside existing drainage easements or right-
of-way for a three-year/twenty-four-hour duration storm.
(2) Place more than twenty (20) percent of the front yard or rear yard area below
floodwater elevation any time during a ten-year/twenty-four-hour duration
storm.
(3) Exceed two inches above the lowest elevation on the centerline profile of the
roadway for a twenty-five-year/twenty-four-hour duration storm.
(4) Exceed the finished -floor elevation of any structure for a one-hundred-
year/three-day duration storm for projects located in a flood hazard area.
h. All new stormwater discharging into any canal or receiving water body shall be
designed to convey the permitted discharge after tailwater conditions are considered.
i. All bridges shall be designed to pass the one hundred-year/three-day duration storm
event.
j. All drainage easements shall be sodded.
10. Material specifications for culverts and storm sewers. The following pipe materials are
acceptable:
a. Reinforced concrete pipe; aluminum pipe; aluminum pipe arch; or HDPE. Other pipe
material may be used if approved for the intended use by the Florida Department of
Transportation (FDOT). In private systems, bituminous -coated steel may be acceptable
as determined by the City Engineer.
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Chapter III: Performance Criteria Article XII: Surface Water Ylanagement
b. Workmanship and pipe materials shall conform to FDOT Standard Specifications, latest
edition.
C. FDOT approved pipe material shall be used under City right-of-way pavement and/or
into salt water outfalls. Concrete for reinforced concrete box culverts shall conform to
FDOT's Standard Specifications, latest edition.
11. Inlets. Design and spacing of inlets shall be in accordance with FDOT's standard specifications
or the City standard specifications.
12. Drainage structures. All cross drains, driveway culverts, and storm sewers shall have
headwalls, flared -end sections, mitered end sections or terminating structures in accordance
with City standard specifications or FDOT's Standard Specifications, latest edition. Endwalls,
inlets, or other appropriate terminating and intermediate structures, and backflow devices may
be required where necessary. Exf ltration systems shall be equipped with clean -outs at all
terminating points. Mitered ends for culverts shall be no greater than 3:1 slope. Culverts for
driveways shall be sized by the engineer for the project to adequately handle runoff. The
elevation shall be included in the designs.
13. Temporary ponding. Temporary ponding is allowable in areas specifically designed with high
percolation rates so that ponding does not last more than eight (8) hours.
14. Major road crossings. Materials used in drainage facilities which cross, traverse, or encroach
major roads as depicted on the City thoroughfare plan shall be of FDOT approved materials and
designed for a fifty year life.
15. Stormwater facilities. All stormwater facilities shall be established in dedicated water
management tracts, easements or specified common areas. Condominium documents, deed
restrictions or other legally binding instruments shall describe the location of such areas,
specifically define the mechanism for preservation and maintenance of any private drainage
systems, and shall appoint an entity responsible for maintenance and preservations. All water
management tracts shall include maintenance access around the perimeter of the maintenance
berm, the top of which may be level or have a slope not steeper than eight (8) foot horizontal to
one foot vertical slope and a minimum fifteen feet wide, completely around and outside the area
submerged by the designed stormwater elevation and connecting with an ingress -egress
easement or public right-of-way, a minimum of fifteen feet wide, for access if lots or tracts are
to be under separate ownership. Common areas properly dedicated for access and maintenance
of drainage facilities will meet this requirement if an owner's association is properly
established. Open channels and swales, shall be located within an easement with a minimum
fifteen foot width for access and maintenance for single family residential development.
Retention and detention facilities above and below the designed high water elevation shall be
graded to slopes not steeper than four foot horizontal to one foot vertical, or a properly designed
retaining wall shall be used. Dry retention slopes and wet retention slopes above the designed
low water elevation shall be grassed or otherwise stabilized. Retention or detention ponds with
an area having more than two feet of water at design storm or a permanent pool with the
exception of ponds, or lakes, in public parks, golf courses, or in developments in which the
pond, or lake is designed to serve as an aesthetic amenity to the development, shall be fenced
with a minimum four -foot high fence.
16. Master Stormwater Management Plan.
master stormwater management plan, all
adopted plan.
In watershed areas where the City has an adopted
proposed facilities shall be in conformance with the
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City of Sebastian
Chapter III: Performance Criteria Article XII: Surface Water Management
17. Receiving Stormwater Systems. Stormwater systems connected to any Local, Regional or
State drainage district system shall be designed with consideration given to the capacity of the
overall system and shall be compatible with the objectives of each respective jurisdiction.
18. Runoff. Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be
directed to areas where percolation into soil can be accomplished prior to introduction into any
off -site receiving facilities. Pervious areas on line shall be covered with grass or suitable
ground cover that has effective filtering characteristics.
19. No adverse impact. The stormwater management system shall handle all stormwater that
flows into, through and from the project without creating adverse impacts on other lands served
by the stormwater management system or by the receiving waters relative to flooding, erosion
hazards, or water quality and quantity.
20 Flood hazard zone. The applicant shall demonstrate that the development project is not in a
flood hazard zone including area of shallow flooding, area of special flood hazard, coastal high
hazard area and floodway.
These areas may be identified through flood hazard studies and delineated on the official flood
hazard map. Current maps and supporting information may be inspected at the Planning and
Management Department or City Engineer's office. The City Engineer shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a Federal, State, or
other source, as criteria for requiring that new construction, substantial improvements, or other
development in a flood hazard zone comply with the standards for flood protection set forth in
this article.
/041� 21. Outstanding Florida Waters. No permit required by this article shall be issued for any
development which is designed to discharge directly into, or through an outfall discharging into
"Outstanding Florida Waters" designated by Florida Statutes, unless the system is designed in
accordance with the following criteria and the criteria of the S. J. R. W. M. D., in addition to all
the other criteria Stated in this article:
a. Runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed
to grass swales prior to entering a detention system unless off-line treatment or central
treatment is provided.
b. The system shall be designed in a manner complying with the requirements of the
Florida Administrative Code, as amended from time to time, and applicant shall provide
DEP documentation and proof of such compliance.
22. Existing developments. Provisions applying to existing development:
a. When existing paved Local roads are being resurfaced, or rebuilt the crown of the road
shall be raised to the minimum elevation of the two-year/twenty-four-hour duration
storm event. The center two lanes of a rebuilt arterial or collector road shall be at a
minimum elevation of the ten-year/twenty-four-hour duration storm event.
b. All sites currently developed, required for any reason to get a major site plan approval,
or modification of an existing land development permit must have a stormwater
management system conforming to the provisions of this article for the area being
redeveloped.
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Chapter III: Performance Criteria Article XII: Surface Water Management
C. All sites being redeveloped and required to obtain major site plan approval, or
modification of an existing land development permit shall meet water quality level of
service as required by this article for the area being redeveloped.
B. Required information for Type A surface water management permit application. A detailed
description and drawing (scale one inch equals fifty (50) feet or larger) of the proposed stormwater
management system shall be submitted to the City Engineer by a Florida registered engineer or, for any
development project constructed on a site of one acre or less, a Florida registered architect as long as
any engineering service involved in the design is purely incidental to the architect's practice, as
provided for in Chapter 481.229, F. S., as may be amended from time to time. The following
information shall be required:
1. Hydrologic data including design rainfall, project drainage area, tributary off -site drainage area,
existing and proposed impervious area and soil characteristics including depth to seasonal high
water table. Soil borings at four hundred (400) feet spacing to a depth of six (6) feet shall be
provided. Alternate representative soil profiles may be used if approved in writing by the City
Engineer and if demonstrated to be from a reliable and generally recognized source. A one foot
contour interval of the development shall be provided. The delineation of the latter area shall be
satisfactory to the City Engineer. Justification for wet season water table elevations shall be
provided.
2. Hydrologic calculations for determining existing and proposed stormwater runoff.
3. Hydraulic data including receiving water stages, stage -storage and stage -discharge data for
proposed retention and/or detention facilities, and percolation test data as per the following
procedure:
a. The test holes shall be located as close as possible to the proposed location of
exf ltration trench or other percolation facility (vertical and horizontal) and, if critical,
to a depth two (2) feet below the water table QVISL) at the time of the test.
b. A hole for each test of approximately twelve (12) inches diameter (or as required for a
maximum clearance of one-half inch between the hole and the test casing) is excavated
to the required depth and the casing is lowered into the hole with a minimum of twelve
(12) inches extending above the surface of the grade.
C. The test casing shall consist of a pipe that is at least eight (8) inches in diameter with
perforations in approximately the bottom seventy-five (75) percent of the length as
measured from the surface. The bottom of the casing shall be pointed. Exfiltration
increments shall be measured with a suitable gauging device.
d. Fill the test bore to six (6) inches above the surface of the existing grade and run test no
later than two (2) hours after level has exfiltrated to below surface of existing grade. In
all cases test runs are to start only after the first two (2) inches exfiltrated. If a dry
season condition exists, the test shall begin when the soil is moist and a wet season is
simulated.
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Chapter III: Performance Criteria
Article XII: Surface Water Management
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e. Run tests for at least thirty (30) minutes and record at least the date, weather, project
name, test run by, test number, location on site, sketch of hold and casing, groundwater
conditions, incremental drop and time, and subsurface soil information. Information
shall be tabulated and attested to by a registered professional engineer licensed to
practice in the State of Florida. The City Engineer must be notified at least twenty-four
(24) hours in advance of the tests being conducted and reserves the right to witness the
test procedure. Exfiltration rates for designing the site drainage facilities shall be
determined by the developer's engineer from these tests based on percolation rate
experienced at the elevation of the proposed system using a safety factor of two or
greater. Alternate percolation or permeability tests procedures may be used if approved
in writing by the City Engineer prior to their use.
4. Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond
discharge structures, and determining discharge rates and maximum water surface elevations.
5. Erosion and sedimentation control plans, during and after construction.
6. Statement of all assumptions and reference sources used in the conduct of the study.
7. A certificate from a professional engineer licensed in the State of Florida that the soils are
suitable and proper for the uses and purposes of the proposed development; or submission of a
plan calling for the removal and replacement of unsatisfactory soils. If the applicant submits a
plan for removal and replacement of soils, the applicant shall submit a certificate from a
professional engineer, after the removal and replacement of soils has been completed, stating
that the new soils are suitable and proper for the uses and purposes of the proposed
development. Such certificate shall be furnished to the City Engineer prior to the issuance of a
certificate of completion.
8. Where percolation is proposed, at least one boring per basin shall be submitted. Said borings
shall be to a depth of twenty (20) feet below the invert of the basin or to a depth sufficient to
locate the groundwater table or impervious soil layer.
9. A general description of the manner in which the stormwater management system is to be
maintained, indicating who or what entity shall be responsible and by what method the
responsibility shall be created and documented.
10. A list of all agencies (State, Federal or Local) having permit jurisdiction for the project. A copy
of all State, Local, S.J.R.W.M.D., and Federal permits shall be submitted prior to issuance of a
building permit. In cases where a surface water management permit is required from the
S.J.R.W.M.D., identical plans and calculations shall be submitted for review and coordination
between the City and the S.J.R.W.M.D. The engineer of record shall certify that the
S.J.R.W.M.D. permit is based on the identical plans approved by the City prior to the issuance
of a land clearing permit or building permit.
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Chapter III: Performance Criteria
Article XII: Surface Water Management
SECTION 54-3-12.11 TYPE "B" PERIMIT.
/0q1) A. Criteria. When a development project other than a single family house or duplex is determined
to be within a flood hazard zone, a Type B permit shall be required and the project shall be
reviewed under the criteria of subsection 54-3-12.10. and 54-3-12.15. and must meet the
following additional criteria:
i0�
1. An equal volume of storage capacity must be created for any volume of the regulatory
flood that would be displaced by fill or structures, excepting storm surge flood areas
along the Indian River.
2. The velocity of the regulatory flood must not be adversely altered on any watercourse.
3. All structures, including buried storage tanks, must be anchored as necessary to resist
flotation, lateral forces and the impact of floating debris.
4. No development will be allowed that poses a significant threat of releasing harmful
quantities of pollutants to surface waters or groundwaters during flooding.
5. Accessory buildings may be constructed below the flood protection elevation provided
there is a minimal potential for significant damage by flooding.
6. If any lot in a residential subdivision lies within a flood hazard zone, then the following
additional standards apply to approval of the plat:
a. Each lot must include a site suitable for constructing a residential building in
conformity with the standards of this code.
b. One or more elevation benchmarks must be established and indicated on the
plat. Said elevations must be referenced to the NGVD (1929) and shall be
calculated to within 0.1 foot.
C. All prospective agreements for deed, purchase agreements, leases or other
contracts for sale or exchange of lots within the flood hazard zone and all
prospective instruments conveying title to lots within the flood hazard zone
must carry the following flood hazard warning prominently displayed on the
document:
"FLOOD HAZARD WARNING
This property may be subject to flooding. You should contact Local
building and zoning officials and obtain the latest information
regarding flood elevations and restrictions on development before
making plans for the use of this property."
7. All roads shall be set at or above the ten-year flood elevation, but in no case shall a road
be constructed at an elevation below five (5) feet above sea level. All roads shall be
designed to maintain drainage flow beneath the road bed so that equalization may
occur.
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Chapter III: Performance Criteria Article XII: Surface Water Management
8. If the development project is in 10 year flood zone, it must be demonstrated that:
a. The elevation or velocity of the regulatory flood will not be increased as a
result of an obstruction or displacement of floodwaters.
b. There is no significant threat of releasing quantities of pollutants which have
the effect of degrading water quality below standards established in Florida
Administrative Code, as amended from time to time, to surface or groundwater.
C. The capacity of the critical flood zone to store and convey surface waters or
perform other significant water management functions will not be impaired.
B. Required information to be submitted with a Type B permit applications. In addition to the
information required for Type A permits in subsection 54-3-12.10.B., an applicant for a Type B permit
shall submit to the City Engineer all information showing compliance with section the following
information :
1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
structures.
2. Elevation in relation to mean sea level to which any nonresidential structure will be flood -
proofed.
3. Provide a certificate from a Florida registered professional engineer or architect that the
proposed structure and site work design meets the applicable criteria set forth in this article.
4. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
C. Required information to be submitted by Type B permit applications after issuance of permit.
1. Flood Elevation. Applicants receiving Type B permits shall provide to the City Engineer a
flood elevation for flood -proofing certification after the lowest floor is completed, or in
instances where the structure is in a coastal high hazard zone, after placement of the horizontal
structural members of the lowest floor. Within twenty-one (21) calendar days of establishment
of the lowest floor elevation, or flood -proofing by whatever construction means, or upon
placement of the horizontal structural members of the lowest floor, whichever is applicable, it
shall be the duty of the permit holder to submit to the City Engineer a certification of the
elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of
the horizontal structural members of the lowest floor, whichever is applicable, as built, in
relation to mean sea level based on National Geodetic Vertical Datum. Said certification shall
be prepared by, or under the direct supervision of, a Florida registered land surveyor or
professional engineer and shall be certified by same. When flood -proofing is utilized for a
particular building, said certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same. Any work done within the twenty-one
(21) calendar day period and prior to submission of the certification shall be at the permit
holder's risk. The City Engineer shall review the flood elevation survey data submitted and
shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further work being permitted to
proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall
be cause to issue a stop -work order for the project.
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Chapter III: Performance Criteria
Article XII: Surface Water Management
SECTION 54-3-12.12 TYPE "C" PERMIT.
A. Criteria. When a single family house or duplex is determined to be within a flood hazard zone, a Type
"C" permit shall be required and the project shall be reviewed under the criteria of subsection 54-3-
12.15 and the finished floor elevation shall be a minimum of twenty-four (24) inches above the crown
of the road.
B. Required information to be submitted with a Type C permit applications. An applicant for a type
"C" permit shall submit all information showing compliance with section 3-12.11.A. and all information
required in section 54-3-12.11.B.
C. Required information to be submitted to the City by Type C permit applications after issuance of
permit.
1. Flood Elevation. Applicants receiving Type C permits shall provide to the City Engineer a
flood elevation for flood -proofing certification after the lowest floor is completed, or in
instances where the structure is in a coastal high hazard zone, after placement of the horizontal
structural members of the lowest floor. Within twenty-one (21) calendar days of establishment
of the lowest floor elevation, or flood -proofing by whatever construction means, or upon
placement of the horizontal structural members of the lowest floor, whichever is applicable, it
shall be the duty of the permit holder to submit to the City Engineer a certification of the
elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of
the horizontal structural members of the lowest floor, whichever is applicable, as built, in
relation to mean sea level based on National Geodetic Vertical Datum. Said certification shall
be prepared by, or under the direct supervision of, a Florida registered land surveyor or
professional engineer and shall be certified by same. When flood -proofing is utilized for a
particular building, said certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same. Any work done within the twenty-one
(21) calendar day period and prior to submission of the certification shall be at the permit
holder's risk. The City Engineer shall review the flood elevation survey data submitted and
shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further work being permitted to
proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall
be cause to issue a stop -work order for the project
SECTION 54-3-12.13 TYPE "D" PERINUT.
A. Criteria. All conceptual drainage plans (plot plan) shall meet the following criteria:
1. Provide a sketch to show what elevation information and datum is required, and show how
slopes are calculated.
2. Property grading shall not inhibit drainage of other property.
3. Stormwater runoff shall be directed through a proper system, including driveway culvert.
Property grading shall not inhibit drainage of other property.
4. Stormwater runoff shall not encroach on adjacent properties, except in the proper drainage
easement.
I0611 5. Slopes on the property shall not exceed a maximum of four feet horizontal to one foot vertical.
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Chapter III: Performance Criteria Article XII: Surface Water Management
6. The minimum finished floor elevation shall be a minimum of eighteen (18) inches above the
crown of the adjacent road, unless it can be shown that the natural ground elevations provide
adequate control for runoff.
7. The City shall determine the size and location of drainage facilities.
B. Required Information to be submitted with a Type "D" permit application. Each single-family or
duplex home building permit, which is not located in a flood hazard zone, shall submit a conceptual
drainage plan, otherwise called a plot plan, to the City. The plot plan shall depict on a survey.
1. The size and location of structures, including septic and drain field
2. Tree locations
3. Elevations of the structures
4. Existing topography on property and elevations adjacent to all property lines
5. Location and elevation of ditches, crossdrains, and swales
6. Location and elevation of road
7. Distance to nearest intersection in either direction
8. Location and dimension of the driveway and any other data that may be deemed required by the
City Engineer
9. Elevations shall be in NGVD (1929) and the benchmark shall be shown or location described
for reference
C. No changes to the plot plan will be allowed without approval of the revisions by the City Engineer.
D. The City Engineer shall place onto the plot plan the elevations, and size and location of drainage
culverts constructed or other structures as may be necessary to construct the drainage system and meet
the requirements of this section. If insufficient data is available on the plot plan or adjustments to the
structures would be required in order to issue the permit, the City Engineer shall return the plan
unapproved to the applicant for revision and resubmission.
E. All plot plans shall be approved by the City Engineer prior to the issuance of a land clearing or building
permit. The City Engineer shall approve any revisions to the approved conceptual plan.
SECTION 54-3-12.14 SURFACE WATER iYIANAGEINIENT PERINUT APPLICATION AND REVIEW
PROCEDURES.
A. Preliminary permit application. Any person who is in doubt as to whether a proposed activity
requires a permit under this section may request a review by the City Engineer upon completion of a
preliminary application form supplied by the Public Works Department. No fee may be charged for the
preliminary application. The preliminary application form shall be filed by the owner/applicant and
shall contain the following elements:
tlo� I. A location map; and
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Article XII: Surface Water ivianagement
2. A Statement and sketch expressing the intent and scope of the proposed project. The completed
preliminary application shall be submitted to the City Engineer for review. Within ten (10)
working days after submission of the complete preliminary application, the City Engineer will
notify the applicant that either the project is exempt or that a formal permit application must be
filed for the project.
B. Review procedures for Type A or B permit applications. If a Type A or Type B permit is required
for the project, a pre -application conference shall be held. This pre -application conference shall be held
concurrent with the required pre -application conference for a site plan or subdivision approval. The
applicant shall provide a description of the proposed drainage plan and a survey of the property.
The application for a Type "A" or "B" permit shall be submitted at the time of submission of a site plan
approval application for a site plan or prior to the application for a construction permit for a subdivision.
The applicant shall furnish all required stormwater management information, together with flood
protection information, if applicable, to the City Engineer on forms furnished by the Public Works
Department.
The requirements of this chapter shall be reviewed during the site plan or subdivision review process if
the project would otherwise require site plan or subdivision review. If such a review is not required,
the City Engineer shall review the application and render a decision.
C. Review procedures for Type C or D permit applications. If a Type C or D permit is required for the
project, the applicant shall furnish all necessary flood protection information to the City Engineer on
forms furnished by the Public Works Department. The application shall be reviewed by the City
Engineer within ten (10) working days of receipt of the application.
No permit shall be approved if such development will result in an increase in the elevation of the
regulatory flood, additional threats to public safety, extraordinary public expense, nuisance impacts, or
violation of the public interest, or Local ordinance.
SECTION 54-3-12.15 FLOOD DAIMAGE PREVENTION.
A. Lands to which this article applies. This article shall apply to all areas of special flood hazard within
the jurisdiction of the City.
B. Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by
the Federal Emergency Management Agency in its flood hazard boundary map (FHBM) No. 1201123
0076 E, dated May 4, 1989, and any revisions thereto, are adopted by reference and declared to be a part
of this article; or the areas of special flood hazard identified by the Federal Insurance Administration
through a scientific and engineering report entitled "The Flood Insurance Study for the City of
Sebastian," dated October 1979, with accompanying flood insurance rate maps and flood boundary and
floodway maps and any revision thereto are hereby adopted by reference and declared to be part of this
article.
C. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this article and other applicable regulations.
D. Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this article and another conflict or
I overlap, whichever imposes the more stringent restrictions shall prevail.
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14"
Chapter III: Performance Criteria article XII: Surface Water Management
E. Interpretation. In the interpretation and application of this article all provisions shall be:
I. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
F. Warning and disclaimer of liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This article does not imply that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood damages. This article shall not create
liability on the part of the City or by an officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully made thereunder.
G. General standards. In all areas of special flood hazard the following provisions are required:
1. New construction and substantial improvements shall be anchored to prevent flotation, collapse
or lateral movement of the structure;
2. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to
ground anchors. This standard shall be in addition to chapter 62 of the Code of Ordinances and
consistent with applicable State requirements for resisting wind forces;
3. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage;
4. New construction or substantial improvements shall be constructed by methods and practices
that minimize flood damage;
5. Electrical, heating, ventilating, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
6. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
8. Onsite waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding; and
9. Any alteration, repair, reconstruction or improvements to a structure that is in compliance with
the provisions of this article shall meet the requirements of new construction as contained in this
article.
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Chapter III: Performance Criteria Article XII: Surface Water Management
H. Specific standards. In all areas of special flood hazard where base flood elevation data have been
provided, as set forth in Article XM, Flood Protection, the following provisions are required:
1. Residential construction. New construction or substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated no lower than the base flood
elevation. Should solid foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance
with standards of subsection (3) of this section.
2. Nonresidential construction. New construction or substantial improvement of any commercial,
industrial, or nonresidential structure shall have the lowest floor, including basement, elevated
no lower than the level of the base flood elevation. Structures located in all A zones may be
floodproofed in lieu of being elevated provided that all areas of the structure below the required
elevation are watertight with walls substantially impermeable to the passage of water, and use
structural components having the capability of resisting hydrostatic and hydrodynamic loads
and the effect of buoyancy. A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification shall be provided to the official as
set forth in Article XIII, Flood Protection.
3. Elevated buildings. New construction or substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space and designed to allow for the entry
and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
a. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(l) Provide a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one foot above grade; and
(3) Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwaters in both
directions.
b. Electrical, plumbing, and other utility connections are prohibited below the base flood
elevation.
c. Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in connection
with the premises (standard exterior door) or entry to the living area (stairway or
elevator).
d. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
4. F000dways. Located within areas of special flood hazard established in Article XIII, are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris and potential projectiles and has erosion potential, the
following provisions shall apply:
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Chapter III: Performance Criteria
Article XIL Surface Water Management
a. Encroachments, including fill, new construction, substantial improvements and other
(041� developments shall be prohibited unless certification, with supporting technical data, is
provided by a registered professional engineer demonstrating that encroachments shall
not result in any increase in flood levels during occurrence of the base flood discharge
b. If subsection (4)a. of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this
division.
C. The placement of manufactured homes (mobile homes) shall be prohibited, except in an
existing manufactured homes (mobile homes) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park or
subdivision providing the anchoring standards of Article XIII.
5. Coastal high hazard areas (V zone). Located within the areas of special flood hazards
established in Article XIII, are areas designated as coastal high hazard areas. These areas have
special flood hazards associated with wave wash; therefore, the following provisions shall
apply:
a. All buildings or structures shall be located landward of the reach of the mean high tide.
b. All buildings or structures shall be elevated so that the bottom of the lowest supporting
horizontal member, excluding pilings or columns, is located at or above the base flood
elevation level, with all space below the lowest supporting member open so as not to
impede the flow of water. Open latticework or decorative screening may be permitted
for aesthetic purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with subsection (5)h. of this section.
C. All buildings or structures shall be securely anchored on pilings or columns.
d. All pilings and columns and the attached structures shall be anchored to resist flotation,
collapse, and lateral movement due to the effect of wind and water loads acting
simultaneously on all building components. The anchoring and support system shall be
designed with wind and water loading values that equal or exceed the 100-year mean
recurrence interval (one percent annual chance flood).
e. A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions
contained in subsections (5)b., c. and d. of this section.
f. There shall be no fill used as structural support. Noncompacted fill may be used around
the perimeter of the building for landscaping/aesthetic purposes provided the fill will
wash out with the storm's surge (thereby rendering the building free of obstruction)
prior to generating excessive loading forces, ramping effects or wave deflection. The
building official shall approve design plans for landscaping/aesthetic fill only after the
applicant has provided an analysis by an engineer, architect, or soil scientist which
demonstrates that the following factors have been fully considered:
(1} Particle composition of the fill material does not have a tendency for excessive
f natural compaction;
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Chapter III: Performance Criteria Article XII: Surface Water Management
W
(2) Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
(3) The slope of fill will not cause wave run-up or ramping.
g. There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
h. Latticework or decorative screening shall be allowed below the base flood elevation
provided it is not part of the structural support of the building and is designed so as to
break away, under abnormally high tides or wave action, without damage to the
structural integrity of the building on which it is to be used, and provided the following
design specifications are met:
(1) No solid walls shall be allowed, and
(2) Materials shall consist of lattice or mesh screening only.
i. If latticework or screening is utilized, such enclosed area shall not be designed to be
used for human habitation, but shall be designed to be used only for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with
the premises.
j. Prior to construction, plans for any structures that will have latticework or decorative
screening must be submitted to the building official for approval.
k. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the lowest floor except with latticework or decorative screening. The
placement of manufactured homes (mobile homes) shall be prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of Article XIII.
I. Standards for streams without established base flood elevations and/or floodways. Located within
the areas of special flood hazard established in Article XIII, where small streams exist but where no
base flood data have been provided or where no floodways have been provided, the following
provisions apply:
1. No encroachments, including fill material or structures, shall be located within a distance of the
stream bank equal to two times the width of the stream at the top of bank or 20 feet each side
from top of bank, whichever is greater, unless certification by a registered professional engineer
is provided demonstrating that such encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
2. New construction or substantial improvements of structures shall be elevated or floodproofed to
elevations established in accordance with Article XIII, Flood Protection.
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Chapter III: Performance Criteria Article XIL Surface Water Management
J. Standards for subdivision proposals.
14� 1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
4. Base flood elevation data shall be provided for subdivision proposals and other proposed
development, including manufactured home parks and subdivisions, which is greater than the
lesser of 50 lots or five acres.
K. Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard
established in Article XIII, are areas designated as shallow flooding areas. These areas have special
flood hazards associated with base flood depths of one to three feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the
following provisions apply:
1. All new construction and substantial improvements of residential structures shall have the
lowest floor, including basement, elevated to a depth number specified on the flood insurance
rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest
floor, including basement, shall be elevated at least two feet above the highest adjacent grade.
/10� 2. All new construction and substantial improvements of nonresidential structures shall:
a. Have the lowest floor, including basement, elevated to the depth number specified on
the flood insurance rate map, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or
b. Together with attendant utility and sanitary facilities, be completely floodproofed to or
above that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
SECTION 54-3-12.16 ADMINISTRATIVE DUTIES.
The City Engineer is hereby appointed to administer and implement the provisions of this article.
A. Stormwater management.
1. Duties of the City Engineer. The City Engineer shall perform the following duties:
a. Render professional determinations. Make all professional engineering
determinations required with respect to analysis of any given application.
b. Provide recommendation on any modifications. Recommend appropriate courses of
1 action regarding any requested changes or amendments to an approved stormwater
management plan.
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Chapter III: Performance Criteria Article XII: Surface Water Management
C. Provide necessary information. Provide courtesy notice as to the general description
1 and location of newly constructed wet or dry retention facilities to special districts or
political entities as may be appropriate.
d. Certificates of completion. After the completion of a project, require as -built plans
from the owner or applicant and a certificate of completion from the engineer of record.
e. Maintenance recommendations. Any surface water management improvements
required by this code shall be maintained by the owner, successor owners, or an entity
designated by the owner, except that the City Engineer may recommend that the City
council accept certain drainage facilities or systems for City maintenance. The
selection of critical areas or structures to be maintained by the City shall be
recommended to the City council by the City Engineer. All areas or structures to be
maintained by the City must be dedicated to the City by plat or separate instrument and
expressly accepted by the City council. For any system which is to be maintained by
applicant or entity succeeding in ownership other than the City, easements shall be
established which permit the City to inspect and if necessary, as determined by the City,
to take corrective action should the entity fail to properly maintain the system. Such
easements shall also establish a right of entry as may be necessary for special purposes
as directed by State laws or as may be duly determined by the City. Should the
applicant or entity succeeding in ownership fail to properly maintain a system as
required, the City Engineer shall give the applicant or entity succeeding in ownership
written notice of the nature of the corrective action necessary. Should the applicant or
entity succeeding in ownership fail, within thirty (30) days from the date of the notice
to take, or commence taking, corrective action to the satisfaction of the City Engineer,
(O"IN the City may enter upon lands, take corrective action and the cost of such corrective
action shall become a lien on the property benefited.
B. Flood protection management.
1. Duties of the City Engineer. The City Engineer or other designated City official shall have
authority to administer this ordinance, and shall perform the following specific duties:
a. Determine adequacy of information. Determine any additional information that must
be submitted for flood management review.
b. Determine completeness of applications and evaluation. Review applications for
compliance with the standards of surface water management policies of this section
after input from the administrative staff and the City attorney as to those matters within
their professional disciplines; and either approve, approve with conditions, or deny the
application based on that review. If application approval is denied, the City Engineer
shall State the reasons for denial.
C. Advising. Advising the permittee that additional Federal or State permits may be
required, and if specific Federal or State permit requirements are known, requiring that
copies of such permits be provided and maintained on file with the development permit.
d. Coordinating review functions. Coordinate the review with other permitting agencies,
if necessary.
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Chapter III: Performance Criteria Article XII: Surface Water Management
e. Intergovernmental Coordination. Notify adjacent communities, the S.J.R.W.M.D.
and the State of Florida Department of Community Affairs prior to alteration or
relocation of a watercourse and provide a copy of such notification to the Federal
Insurance Administrator.
f. Violations. Issue notice of violation and otherwise enforce this chapter.
g. Maintenance. Assure that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood -carrying capaCity is maintained.
h. Interpretation. Where interpretation is needed as to the exact location of boundaries
of the area of special flood hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the City Engineer shall make
the necessary interpretation. The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation as provided in this article.
No information. When base flood elevation data or floodway data have not been
provided, the City Engineer shall obtain, review and reasonably utilize any base flood
elevation data available from a Federal, State or other source, in order to administer the
provisions of this article.
2. Building Official.
a. Review of building permits. Review all building permits to assure that the permit
requirements of this article have been satisfied.
b. Advising. Advising the permittee that additional Federal or State permits may be
required, and if specific Federal or State permit requirements are known, requiring that
copies of such permits be provided and maintained on file with the development permit.
C. Record keeping. Verifying and recording the actual elevation, in relation to mean sea
level, of the lowest floor, including basement, of all new or substantially improved
structures or new or substantially improved structures which have been floodproofed.
d. Coastal high hazard zones. For coastal hazard areas, obtain certification from a
registered professional engineer or architect that the structure is designed to be securely
anchored to adequately anchored pilings or columns in order to withstand veloCity
waters and hurricane wash.
e. Flood proofing. When Flood proofing is utilized for a particular structure, obtain
certification from a registered professional engineer or architect.
f. Filing of building plans. The Building Official shall maintain a record of the actual, as -
built elevation or flood -proofing of all buildings constructed after flood management
review.
C. Records. All records pertaining to the provisions of this article shall be maintained in the Planning and
Growth Management Department and shall be open for public inspection.
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Chapter III: Performance Criteria
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SECTION 54-3-12.17. VARIANCES.
A. Board of Adjustment. The Board of Adjustment shall hear and decide appeals and requests for
variances from the requirements of this article.
B. Variances and appeals. The Board of Adjustment shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the building official or City
Engineer in the enforcement or administration of this article.
C. Appeal. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal
such decision to the circuit court, as provided by Article II of the Land Development Code of the City.
D. Historical structures. Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State inventory of historic places
without regard to the procedures set forth in the remainder of this section, except for subsections (H)(1)
and (4) of this section, and provided the proposed reconstruction, rehabilitation, or restoration will not
result in the structure losing its historical designation.
E. Criteria. In passing upon such application, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this article, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
f 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
QQ
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, in the case of a functionally dependent
facility;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
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Chapter III: Performance Criteria Article XII: Surface Water Management
F. Attaching conditions. Upon consideration of the factors listed in subsection (e) of this section, and the
purposes of this article, the Board of Adjustment may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this article.
G. Floodways. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
H. - Conditions for variances:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief; and in the instance of a historical building, a
determination that the variance is the minimum necessary so as not to destroy the historic
character and design of the building.
2. Variances shall only be issued upon a showing of good and sufficient cause; a determination
that failure to grant the variance would result in exceptional hardship; and a determination that
the granting of a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing Local laws or ordinances.
3. Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation to which the. structure is to be
built and stating that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
� 4. The Planning and Growth Management Director shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency upon request.
SECTION 54-3-12.18. VIOLATIONS.
A. In the event the City Engineer determines a violation exists, a written notice of violation shall be issued
to the owner of the property with a copy provided to the Code Enforcement Division. The notice shall
contain:
1. The name and address of the owner.
2. The street address when available or a description of the building or land upon which the
violation is occurring.
3. A Statement specifying the nature of the violation.
4. A description of the remedial actions necessary to bring the development into compliance and a
time schedule for completion of such remedial action.
5. A Statement of the penalty or penalties that may be assessed against the person to whom the
notice of violation is directed.
6. A Statement that the City Engineers determination of violation may be appealed to the City's
Board of Adjustment by filing a written notice of appeal within thirty days or the period of time
specified in 4 above, whichever is less.
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Chapter III: Performance Criteria Article XII: Surface Water Management
B. The notice of violation shall be served in the same manner as a code violation provided for in Chapter 2,
Code of Ordinances.
C. If the violation is not corrected in the specified time then the matter shall be turned over to the Code
Enforcement staff for action. The notice required in this article shall be deemed to be sufficient for
notice of violation required in Chapter of the Code of Ordinances.
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