Town of Hastings Code -- Flood Control, Pt. 2

TOWN OF HASTINGS, FLORIDA

TOWN CODE

Chapter 7

Flood Control

Sec. 7.5. Flood Control -- General provisions.

A. LANDS TO WHICH THIS ORDINANCE APPLIES. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Hastings, Florida.

B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS. The areas of special flood hazard identified by the Federal Emergency Management Agency with accompanying maps and other supporting data, or any revision thereto are adopted by reference and declared to be a part of this ordinance.

C. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities.

D. COMPLIANCE. No structure on land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

E. ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F. INTERPRETATION. In the interpretation and application of this Chapter all provisions shall be:

1) 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.

G. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of the Town of Hastings, Florida or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

H. PENALTIES FOR VIOLATION. Violation of the provisions of this Chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a second degree misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirement shall, upon conviction thereof, be fined not more that $500.00 or imprisoned for not more that 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Hastings, Florida from taking such other lawful action as is necessary to prevent or remedy any violation.

Sec. 7-6. Flood control -- Administration.

A. DESIGNATION OF ADMINISTRATION OFFICIAL. The Chief Building Official of the City of St. Augustine, Florida is hereby appointed to administer and implement the provisions of this ordinance.

B. PERMIT PROCEDURES. Application of a Development Permit shall be made to the Building Inspector of the City of St. Augustine, Florida on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required;

1) Application Stage.

a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures:

b. Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

c. Certificate from registered professional engineer and architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Article 5, Section B (2);

d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development, and;

2) Construction Stage. Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest, 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 Building Inspector a certification of the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean area level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Building Inspector shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. 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.

C. DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR OF ST. JOHNS COUNTY, FLORIDA. Duties of the *Building Inspector shall include, but not be limited to:
[* Wherever the term "Building Inspector" is used herein, it shall be construed to mean the Chief Building Official of the City of St. Augustine, Florida.]

1) Review all development permits to assure that the permit requirements of this ordinance have been satisfied;

2) Advise permitee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

3) Notify adjacent communities and the State of Florida, Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Article 4, Section B (2).

6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with Article 4, Section B (2).

7) In Coastal Hazard Areas, certification shall be obtained 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 wave wash.

8) In Coastal High Hazard Areas, the Building Inspector shall review plans for adequacy of breakaway walls in accordance with Article 5, Section B (5) (h).

9) When flood-proofing is utilized for a particular structure, the Building Inspector shall obtain certification from a registered professional engineer or architect, in accordance with Article 5, Section B (2).

10) Where interpretation is needed as to the exact location of boundaries of the areas of special flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Inspector 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.

11) When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section B, then the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of Article 5.

12) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Inspector and shall be open for public inspection.

D. VARIANCE PROCEDURES.

1) The Town Council as established by the Town Charter, Town of Hastings, Florida shall hear and decide appeals and requests for variances from the requirements of this ordinance.
__________

Codifer's note: The term "Town Council" is changed effective October 1, 2005, by Charter to "Town Commission."
__________

2) The Town Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this ordinance.

3) Any person aggrieved by the decision of the Town Council or any taxpayer may appeal such decision to the Circuit Court, Seventh Judicial Circuit of Florida, as provided in Florida Constitution.

4) 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 Article 4, Section D. (8) (a) and (d), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.

5) In passing upon such applications, the Town Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

a. the danger that materials may be swept onto other lands to the injury of others;

b. the danger to life and property due to flooding or erosion damage;

c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. the importance of the services provided by the proposed facility to the community;

e. the necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

f. the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g. the compatibility of the proposed use with existing and anticipated development;

h. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. the safety of access to the property in times of flood for ordinary and emergency vehicles;

j. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and;

k. 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.

6) Upon consideration of the factors listed above, and the purposes of this ordinance, the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances:

a. 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'

b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) 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.

c. 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.

d. The Building Inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.