MEXICOBEACH : DA CITY COUNCIL REGULAR MEETING TUSDAYSEPTEMBEK 24, 2024 AT 6:00 P.M. PUBLIC WORKS BUILDING Mayor, Richard Wolff Councilman, Jerry Smith Councilwoman, Linda Hamilton Tim Sloan, City Attorney Councilman, Jason Adams Councilman, Tim Linderman Tammy Brunson, City Clerk Mell Smigielski, Interim City Administrator Thisi meeting willl bel lives streamed on the City ofl Mexico Beach Government: Facebook page. Ifyouh haveany questions or comments on the agenda, please email them up to 21 hours prior to the meeting at ivy@mexicobachlgoy I. II. CALLTOORDER INVOCATION II. PLEDGE OF ALLEGIANCE IV. ROLLCALL V. CONSENT AGENDA 1. Minutes - July 30,2024 VI. SPECIAL. APPEARANCE VII. REGULAR AGENDA 1. Anchor CEI- Elizabeth Moore and Emily Thomasee- - FWC Grant Modification for Boat Ramp 1. Ordinance 845- - Budget Amendment FY23-24 Water and Sewer Fund (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH FLORIDA, AUTHORIZING THE AMENDMENT FOR THE APPROPRIATION OF FUNDS AND ADOPTION OF THE AMENDED BUDGET FOR THE FISCAL YEAR 2023-2024, FOR THE GENERAL, WATER AND SEWER FUND; PROVIDING FOR SEVERALBILITY; PROVIDING REPEAL OF PARTS OF ORIDINANCES IN CONFLICTHEREWITEE ANDI PROVIDING ANI EFFECTIVEDATE. a. Motion tol Read Ordinance 845 (By Title Only) b. Open Public Discussion Close Public Discussion Discussion Motion to Approve/Deny 2. Ordinance 844-1 Increase Sanitation Rates FY25(First Reading) -City. Administrator AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCEI NO. 836, ADJUSTINGTHE CURRENT: RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVEDATE. a. Motion to Read Ordinance 844 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion 3. Ordinance 846 - Increase Water & Sewer Rates FY25 (First Reading) - City Administrator AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 817, ADJUSTINGTHE CURRENT RATES TO: BE CHARGED FOR THE USE OF THE) MUNICIPAL WATER/SEWER SYSTEM FOR THE SERVICE INSIDE AND OUTSIDE THE CITY LIMITS OF MEXICO BEACH, ALLOWING FOR SENIOR CITIZEN DISCOUNT AND VACANT LOT RATES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR ANI EFFECTIVE DATE. a. Motion to Read Ordinance 846 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion 4. Ordinance 847- - Floodplain Requirements (First Reading)- - City Administrator AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE MEXICO BEACH LAND DEVELOPMENT CODE SECTION 4.05.00 FLOODPLAIN REQUIREMENTS; AND PROVIDING FOR APPLICABILITY, INCLUSION IN CODE, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, SCRIVENER'S ERRORS, AND. AN EFFECTIVE DATE. a. Motion to Read Ordinance 847 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion VIII. OTHER BUSINESS BDI Change Order #6- Pier Contract and Change Order- City Administrator a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to. Approve/Deny 2. Update Parker Park and Under the Palms Restrooms City Administrator 3. Discussion Golf Carts/LSV in Parks- City Administrator 4. Discussion- Old Dredge - City Administrator 5. Discussion Elections - City Administrator Financial Report- - City Administrator IX. CITIZEN COMMENTS 1. Speaker must come to the podium and state name and city of residence 2. Comments are limited to 3 minutes IX. MAYOR COMMENTS COUNCIL COMMENTS XI. STAFF COMMENTS 1. City Attorney 2. City Administrator XII. ADJOURNMENT X. Emailed toi interested parties and posted on the city website on: 09/19/2024 Note: Copies of the Agenda items are posted on the City's Website mexicobeachf.gov This meeting will ber recorded *You are hereby notified that in accordance with Florida Statutes, you have ar right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation: att this meeting because ofa disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. Ify you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 1-800-955-8770 (TDD on the website. City of Mexico Beach Budget Workshop #2 Meeting Minutes TUESDAYJULY: 30, 2024-6:00PM The City of Mexico Beach City Council held al budget workshop on Tuesday. July 30, 2024, at 6:00 pm at the Public Works Building in Mexico Beach. Mayor Wolff and thet following Councilmembers were present: Linda Hamilton, Jerry Smith, Jason Adams and Tim Linderman. Also present were Interim City Administrator, Mell Smigielski and City Clerk, Tammy Brunson. Call to order: Mayor Wolff called the meeting to order at 6:00 pm. Il. Regular Agenda: Mayor Wolff started off the meeting by stating the city is in a good place financially and continues to put money in reserves. He also explained these meetings are consensus meetings, there will be no voting. Mayor Wolff passed out al list of potential areas that by reducing the amounts going into reserves would lower the millage rate. Mr. Adams asked about the amount being budgeted for Legal fees. The Comprehensive Plan update was slated for an outside source to complete. Lisa Logan commented that the Planning and Zoning Board and the citizens could do most of the work. A reduction to fifty thousand dollars with inhouse help seems achievable. Mr. Adams also asked about the differences in revenues from current year to FY25 budget amounts. No building on 37th Street and no change on the CD's which are doing very well fort the city. Mrs. Hamilton said the 14th Street lot for a parking garage would be a no go and selling the beach side lot that the city owns could generate additional income. Mr. Linderman recommended alleviating the Development Services Director position. Other suggestions were to start a reserve fund for stormwater repairs, al Master Plan, additional capacity or ai treatment plant and start a 5-year Capital Improvement Plan. Possible future project funding included a pier extension, a lean to at the boat ramp, and ai floating boat dock for the Sheriffs Department rescue boat. Items to be clarified at the next meeting were al break down of salaries fore each department, what encompasses other current charges and operating supplies, and how much does Parks & Recreation take ine each year. There was also a request to possibly lower water and sewer fees. Open public comment 7:18pm - John Harrell asked what impact fees can be used for and why do we have an abundance in the account? Why can't they be used in areas needed? Lisa Logan commented on taking on large tasks and commended Council on asking questions that have never been asked before. Closed public comment 7:21pm. IX. Adjournment: Mrs. Hamilton and Mr. Linderman motioned to adjourn the meeting at 7:22 pm. By: Attest: Mayor, Richard Wolff City Clerk, Tammy Brunson VGINOTH AINNODAVE NOISNVdX3 dWVI. IV08 HOV38 OOIX3W: JOAIIO - FWC Contract No. #22029 AMENDMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWCA Agreement No. #22029, Amendment 1 This Amendment to Agreement No. #22029, referred to as the Original Agreement, is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC,"and City of Mexico Beach, 59-1220917, whose address is 201 Paradise Path, Mexico Beach, Florida 32456, hereinafter "Recipient," collectively, "Parties". CHANGES TOTHE CONTRACT Agreement to the contrary: In consideration of the mutual benefits set forth herein and, in the Original Agreement, thej parties agree to amend the Original Agreement as follows, which amendments shall governtothee exclusion ofany provision ofthe Original 1. Agreement No. 22029 (the Original Agreement) is hereby replaced in its entirety with Revised 2. Attachment A, Scope of Work of the Original Agreement, is hereby replaçed in its entirety with Attachment 3. Attachment B, Audit Requirements of the Original Agreement, is hereby replaced in its entirety with Attachment B1, Revised Requirements of the Federal and Florida Single Audit Acts, attached hereto andi made part 4. Attachment E, Performance Tracking and Reporting Forms of the Original Agreement, is hereby replaced ini its entirety with Attachment E1, Revised Performance Tracking and Reporting Forms, attached hereto and made RecipiemuSubrecipient Agreement, attached hereto and made part hereof. A1, Revised Scope of Work, attached hereto and made part hereof. hereof. part hereof. The remainder of this page has been left blank intentionally. WCComractAgrement Amendment Last Revised:2.11.2022 Page lo of2 FWC Contract No. #22029 SIGNATURES All provisions oft the Original Agreement not specifically amended herein shall remain ini full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Agreement No. #22029 to be executed through their duly authorized signatories on the day and year last written below. RICIFIENTENECUTION SIGNATURE COMMISSION EXECUTION: SIGNATURE Florida Fish and' Wildlife Conservation City of Mexico Beach Commission Recipient Signature Print Name Title Date Executive Director (or Designee) Signature Print Name Title Date ATTACHMENTS Attachments in this Agreement include the following: Attachment A1, Revised Scope of Work Attachment C, Monitoring Guidelines Attachment BI, Revised Requirements oft thel Federal and Florida Single Audit Acts Attachment! D, Notice of Grant Agreement (Site Dedication) Attachment E1, Revised Boating Access Performance Tracking and Reporting Forms FWC Contract/Agreement Amendment Last Revised: 2.11.2022 Page 20 of2 FWC Agreement #: 22029 Attachment A1 REVISED SCOPE OF WORK 1. PROIECIDESCKIFTON A. Purpose and Background: The City of Mexico Beach (Recipient) will use grant funds to expand the existing boat launch by one double lane and one floating dock, making a total of five launch B. Project Benefits: This project willi increase boating access and provide the only ADA wheelchair C. Type of Agreement: This is a cost reimbursement agreement in accordance with Cost Reimbursement Contract Payment Requirements, Section 4(G) of the Agreement. Requirements are outlined in the Department of Financial Services, Bureau of Accounting and Auditing, D. Term of Agreement: The term of the Agreement shall begin upon execution by the last Party to sign and shall remain in effect until. June 30, 2026. Prior tot the end oft term, Recipient shall complete the tasks and provide the deliverables described in this Scope of Work. All activities must be lanes and three docks at thel Mexico Beach Boat Launch. boating access in the area. Reference Guide for State Expenditures. completed by June 30, 2026. 2. PROJECTDELIVERABLES Total payments for all deliverables will not exceed the maximum grant award amount of $986,831.00 A. Deliverable 1:Thel Recipient will contract with al Floridal licensed engineer to generate construction drawings tol be reviewed: and approved by FWC. The drawings willi include demolition and removal ofexisting sidewalk, promenade, andj portions of damaged seawall. Demolish and remove: approximately XX SF ofexisting sidewalk; Demolish and remove. XX SF ofexisting promenade; Demolish and remove XXLFofexistingi modular block wall and; Remove XXLFofexisting damaged seawall. Deliverable 1 Tasks: Compensation: Total payment for this deliverable will not exceed XXX,XXX.XX. Minimum Performance: Minimum performance will be the completion of all Tasks listed above and the completion of all requirements in Section 4 - Performance. The Recipient shall provide proof of services rendered; invoices; proof of payment; and photographs of demolished sidewalk, Documentation: Documentation includes an attestation of activities or services rendered, proofof payment, and project progress photos. See FWC Cost Reimbursement Contract Payment Requirements, Section 4(G) ofthe Agreement, for additional details on supporting documentation. B. Deliverable 2: The Recipient will contract with a Florida licensed engineer to generate construction drawings to be reviewed and approved by FWC, to construct the boat ramp expansion, sidewalks, promenade, modular wall, and seawall. promenade, and erosion control. Rev.3/31/2023 Page 3 of9 FWC Agreement #: 22029 Attachment A1 Deliverable: 2 Tasks: Construct approximately XX cubic yards of earthwork; Install approximately XX cubic yards ofl D50 Rubble. Install approximately XX square yards of pre-stressed concrete rampi pads; Construct approximately XX square feet ofconcrete sidewalk andj promenade; and Compensation: Total payment for this deliverable will not exceed XXX,XXX.XX. Minimum Performance: Minimum performance willl be the completion of all Tasks listed above and the completion of all requirements in Section 4 - Performance. The Recipient shall provide proofofservices rendered; invoices; proof of payment; and photographs of constructed ramp and Documentation: Documentation includes an attestation of activities or services rendered, proof of payment, progress and final project photos, and final as-built drawings. See FWC Cost Reimbursement Contract Payment Requirements, Section 4(G) of the Agreement, for additional J Deliverable 3: The Recipient will utilize construction plans reviewed and approved by FWC through FBIP grant agreement #20120 to, through own staff of through contracted services, walkways. details on supporting documentation. construct a fixed wooden dock with gangway and floating dock. Deliverable 3 Tasks: Construct! XXLFv widel by XXI LF floating dock with pilel holder, roller assembly, cleats, supports, pylons, and caps; and Install approximately XXXI LF ofPVC dock bumper. Compensation: Total payment for this deliverable will not exceed SXXX,XXX.XX. Minimum Performance: Minimum performance will be the completion of all Tasks listed above and the completion of all requirements in Section 4- Performance. Documentation: Documentation includes an attestation of activities or services rendered, proofof payment, progress and final project photos, and final as-built drawings. See FWC Cost Reimbursement Contract Payment Requirements, Section 4(G) of the Agreement, for additional details on supporting documentation. 3. FINANCIALCONSEQUENCES A. Pursuant to 215.971(1)(c), Florida Statutes, the Commission will withhold payment of Program funds for failure to complete the Project as described herein within the timeframe allowed, or for failure to correct any Project deficiencies, as noted in the final Project inspection. Only those tasks completed, or items purchased and received in accordance with the scope of work and within the agreement period of performance will be eligible for reimbursement. Failure of the Recipient to perform the tasks and provide the deliverable shall be considered non-compliant with terms and payment will not be processed. Rev. 3/31/2023 Page 4 of9 FWCAgreement #: 22029 Attachment A1 B. Ina addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission will impose: a financial consequence oftwenty-five percent (25%)ofthet total contract amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission employee verifying that the project was completed according to the project scope of work. . Failure of Recipient to have all receipts and evidence of project performance reflecting costs were incurred within the period of performance may. jeopardize payment of funds to the Recipient per D. Following the end of the term of this Agreement, the Recipient shall repay any Program funds received for the Project for failure to maintain the Project site as a public boating access facility according to the terms and conditions herein for a period of twenty (20) years. This section shall the Agreement. survive any Agreement termination. 4. - PERFORMANCE A. Permit Requirements: The Recipient agrees to adhere to all federal, state, county and city permit B. Procurement: The Recipient shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. Thel Recipient shall forward one copy of any solicitation to the Commission's grant manager for review prior to soliciting for quotations or commencing any work. The Recipient shall forward one copy of the bid tabulation, or similar list ofr responses to the solicitation, along with the award: recommendation to the Commission's grant C.E Engineering: If applicable, all engineering must be completed by a professional engineer or architectregistered int the State ofl Florida. Ally work must meet or exceedminimum: design standards and guidelines established by all applicable local, state and federal laws. The Recipient agrees to adhere to all federal, state, county and city requirements of the Project and all requirements of the 2010 Standards issued pursuant tot the Americans withl Disabilities Act, 1003-R Recreational Boating Facilities. Standard 235.3 for Accessible Designi requires that where boarding piers are provided at boat launch ramps, no fewer than one must be accessible. When compliance with ADA wheelchair accessibility requirements is in question with regard to reimbursable costs under this Agreement, the Commission may engage a third-party engineer at its own expense to review the design and report to the Commission concerning compliance. The Commission's determination based on this D. Construction: If applicable, the Contractor shall be certified by the Division of Construction Industry Licensing Board of the Florida Department of Business and Professional Regulation for the duration of this contract and shall provide evidence of such certification upon request. E. Commencement of Work: The Recipient shall commence work on the Project within ninety (90) days ofexecution ofthe Agreement. Failure by the Recipient tol begin work shall constitute a breach ofthe Agreement and may result in termination oft the. Agreement by the Commission. F. Performance Criteria: The Recipient shall complete the Project as described in this Scope of Work and Florida Boating Improvement Program Application 23-008, incorporated herein by requirements of the Project. manager, to retain in their own records. review will be final. Rev.3/31/2023 Page 5 of9 FWC Agreement #: 22029 Attachment A1 reference, according to any bid specifications. Failure to complete the project in a satisfactory G. Certificate of Completion: Within thirty (30) calendar days following completion of all Project deliverables, the Recipient shall sign and submit to the Commission's grant manager, a Certification of Completion Statement, attached hereto and made aj part hereof as Attachment E1, Form 5 which certifies thel Project was completed in accordance with the provisions herein. Final photographs shall be submitted with the Certification of Completion Statement, Attachment E1, H. Project Close-out Report: In addition to the Certificate of Completion and photos, within thirty (30) calendar days the Recipient shall submit the Project Close-Out Report Form, attached hereto and made aj part hereof as Attachment E1, Form 6. Ifany costs were determined by FWC to be ineligible after reimbursement, ai refund check is also due within thirty (30) calendar days, mailed to: Grants & Revenue Section, FWC, 620 S. Meridian Street, Tallahassee, Florida 32399 and a Sitel Dedication: For construction grants, but not for grants whichi involve only design, engineering, permitting, or for grants for the installation of waterway markers or other projects on sovereign submerged lands, the Recipient agrees to dedicate the project site as a boat access facility for the use and benefit of the public as a condition ofreceiving funds under this Agreement. The Notice of Grant Agreement Form (Site Dedication) is attached hereto and made aj part hereof as. Attachment D.Ifrequired, the Recipient shall execute and record this document in the official records of the County where the Project is located. As proof of the site dedication, a copy of the recorded document shall be submitted to the Commission in addition to the Certificate of Completion, Final reimbursement or 25% of the award, whichever is greater, shall be withheld until receipt of Sitel Dedication and Certificate ofCompletion. Following this initial site dedication, the project site shall remain a public boat access façility for aj period not less than twenty (20) years following the date the Site Dedication was recorded. Land under control other than by ownership by thel Recipient (i.e. lease, management agreement, cooperative agreement, inter-local agreement or other similar instrument) shall be managed by the Recipient as a public boat access facility for the entirety of this site dedication period surviving the Agreement termination. The Recipient agrees to secure all authorizations necessary for continuing use and management ofthe property fort the duration ofthis site dedication period. Title to all improvements shall be retained by the Recipient upon final The Recipient shall repay all funds received for the Project under this Agreement for failure to maintain the Project site as a public boating access facility according to the terms and conditions herein for the duration oft the site dedication period. Should the Recipient convert all or any part of the Project to other than Commission approved uses prior to the end of this site dedication period, or should the Recipient lose authorization to use and manage the property on which the Project is completedbeforet the end ofthes site dedication period, thel Recipient shall replace the: area, facilities, resource or site at its own expense with a project acceptable to the Commission of comparable scope and quality. In the event the Project is converted to use for other purposes or the Recipient loses authorization to use and manage the property on which the Project is completed within the site dedication period and Recipient has not replaced the Project with a like project acceptable to the Commission, the Recipient agrees to return to the Commission all funds tendered under this manner could result in financial consequences as specified herein. Form 5. photo copy of the check must accompany the Close-Out Report, Form 6. Attachment E1, Form 5. payment by the Commission. Agreement for the original Project. Rev. 3/31/2023 Page 60 of9 FWCAgreement #: 22029 Attachment A1 Site dedication, the site dedication period, and all terms of this section survive any Agreement termination. Ifmutually agreed upont byl both parties in writing thes site dedicationmayl be rescinded. The Commission shall waive the site dedication requirement ifnoj program funds were dispersed. J. Acknowledgement: Upon completion oft the Project, and prior to the reimbursement ofi funds, the Recipient, at its expense, shall purchase, erect and maintain aj permanent sign, not less than three (3)f feet by four (4): feet in size, displaying the Commission's logo acknowledging the Commission and thel Florida Boating Improvement Program as ai funding source for thel Project. Any other form of acknowledgement must be approved in writing by the Commission's grant manager. Such acknowledgement shall be maintained for the duration of the site dedication period described in Section I, Site Dedication, above in Section 4, Performance. Should the sign or acknowledgement be damaged, removed or destroyed, the Recipient shall, ati its expense, replace it within ninety (90) days. Should the Recipient fail to maintain such acknowledgement other than the ninety (90) day replacement term, the Recipient agrees to return to the Commission all funds tendered under this Agreement for the original Project. The Recipient shall provide a draft copy of the acknowledgement sign for approval by the Commission prior to displaying on site. Language to place on the sign shall include: This Project was funded by the Florida Fish and Wildlife Conservation Commission through the Florida Boating Improvement Program. This section K. Directional Signs: Prior to the reimbursement of funds, the Recipient, at its expense, shall purchase, erect and maintain directional signs, approved by the Commission, on main public highways to direct public users to each boating facility funded through the Program regardless of which portion oft the Project the Program funded. The Recipient agrees to provide and maintain such signs at its expense for the entirety of the site dedication period described in Section I, Site Dedication, above in Section 4, Performance. Should thes signs be damaged, removed or destroyed, the Recipient shall, at its expense, replace them within ninety (90) days. Should the Recipient fail to erect and maintain such signs other than the ninety (90) day replacement term, the Recipient agrees to1 return tot the Commission all funds tendered undert this Agreement fort the original Project. This requirement can be waived by the Commission's Grant manager, in writing, if the Recipient receives a written denial from the Florida Department ofTransportation for the installation oft the survives any Agreement termination. signs. This section survives any Agreement termination. 5. BUDGET A. Project Budget: For satisfactory completion of the tasks and deliverables described in this Scope of Work, by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $986,831.00. All amounts noted in the budget are estimates based on preliminary quotes or prior project activities from the application amount. Deviations from this budget that exceed tenj percent (10%) oft the total amount in any budget category/deliverable must be approved by the Commission's Grant manager in writing prior to the deviation. The Recipient shall be reimbursed only for budgeted eligible expenses incurred during the. Agreement Period that are directly related to the Project. FBIP Recipient Total $39,343 Request Cost Share (FBIP + Deliverable Cost Share) $39,343 Sxxxx Page 7of9 Administration (Project Management) $0 Contracted Services $33,343 Sxxxxx Rev. 3/31/2023 FWC Agreement #: 22029 Attachment A1 $0 Sxxx Sxxx Sxx $O Sxxx Sxxx Sxxxx Sxx 100.00% Permitting & Project Inspection Fees $0 Site Preparation Demolition & Removal Construction Contingency Costs Other Costs Pre-Award Costs TOTAL PERCENTAGE $0 $73,781 $0 $32,796 $0 $730,407 $54,127 $98,682 $0 $17,822 $0 $0 $986,831 $93,470 91.35% 8.65% Equipment (Rental or In-Kind Use) $0 $0 $0 B. Cost Share: The Recipient agrees to provide XX% oft the cost of the total cost of the project as indicated in FBIP Grant Application No. 22-005 and 23-008. The total compensation by the Commission shall be $986,831.00 or XXX% oft the total cost, whichever is less. 1 Pre-Award Costs: The Mexico City Beach was selected by the Florida Boating Improvement Program Evaluation Committee to move forward in the Florida Boating Improvement Program application process. Noj pre-award costs are authorized under thet terms of this Agreement. - COMPENSATION ANDI PAYMENT A. Fee Schedule: This section is not applicable B. Travel Expenses: Not travel expenses are authorized under thet terms oft this Agreement. . Cost Reimbursement: This is a cost reimbursement agreement. The total approved estimated project cost for thel Project is Sxxxxxx. The Commission agrees to reimburse thel Recipient for an amount not to exceed $986,831.00 or XXXXX% oft the total cost for thel Project, whichever is less for satisfactory completionl by the Recipient of thel Project. Thel Recipient agrees toj provide: a minimum of$ $xxxxx or xXx% toward completion oft the Project and shall be responsible for any additional D. Invoice Schedule and Payment: Invoices may be submitted upon the completion of at least one deliverable listed in thes scope ofwork. The Commission shalll have up to thirty (30) days to inspect and approve the Project's deliverables once reported complete by the Recipient. If there are deficiencies noted in the Project inspection, these shall be corrected by the Recipient prior to payment by the Commission. The Commission shall restrict any or all payment of funds pending Within thirty (30) days of completion of all Project deliverables, the Recipient shall report the Project complete by submitting all required documentation for reimbursement and Close-out. Final payment shall be contingent upon the Commission's Grant manager receiving and accepting Final Request for Reimbursement (Attachment E1, Form 2) and supporting Certification of Completion Form (Attachment E1, Form 5) with required photos, costs that exceed the total approved estimated project cost for the Project. correction of such deficiencies. the: documentation, Close-Out Report (Attachment E1, Form 6), FWC final inspection of the Project, and Rev. 3/31/2023 Page 8 of9 FWC. Agreement #: 22029 Attachment A1 Recorded Notice of Grant Agreement (Attachment D) reflecting site dedication, if Final reimbursement or 25% of award, whichever is greater, shall be withheld until receipt and E. Forms and Documentation: After receiving acceptance of deliverable completion from the Commission's Grant manager, the Recipient may submit a Reimbursement Request, Attachment Recipients shall submit al Detail of Claims, Attachment E1, Form 3 for each deliverable requested for reimbursement. Reimbursement forms and supporting documentation must clearly identify the dates of services, a description of the specific Agreement deliverable(s) provided during the reportingperiod, ani itemized list ofe expenditures, budget category ofeach expenditure, thej payment amount requested as match or grant reimbursement, the Commission's Agreement Number and the Thel Recipient must submit and maintain original supporting documentation for all funds expended and received under this Agreement in sufficient detail for proper pre- and post-audit and to verify work performed was in accordance with the deliverable(s) and not eligible for payment under any other state or federal funding source. Supporting documentation includes, but is not limited to, quotes, procurement documents, purchase orders, original receipts, invoices, cancelled checks or EFTrecords, bank statements or copies of general ledgers. Seel FWCCost] Reimbursement Contract Payment Requirements for additional details on supporting documentation which is Section 4(G) The Commission's grant manager shalll have up to ten (10) days to review and approve the invoice for payment. Any errors or insufficient supporting documentation included with the invoice will delay payment and the thirty (30) days to review by the Commission may begin again. required, as described herein. acceptance of all required documents. E1, Form 2. Recipient's) Federal Employer Identification (FEID) Number. ofthe. Agreement. 7. MONITORING SCHEDULE A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Recipient's service delivery to determine ifthel Recipient has achieved the required level of performance. For additional information see Attachment C, Monitoring Guidelines. If the Commission at its sole discretion determines that the Recipient failed to meet any of the Terms and Conditions of this Agreement, the Recipient willl be sent a formal written notice within thirty (30) days. The Recipient shall correct all identified deficiencies within forty-five (45) days of notice or submit a Corrective Action Plan if additional time is required. Failure to meet 100% compliance with all oft the Terms and Conditions oft this Agreement or failure to correct the deficiencies identified in ther notice within the time frame specified may result in delays in payment or termination of this Agreement in B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the construction of the Project. The Recipient shall notify the Commission's grant manager when the Project has reached: substantial completion so thati inspection may occuri ina at timeframe allowing for the timely submission and processing of the final invoice. The Commission's grant manager, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for reimbursement. accordance with the' Termination section. Rev. 3/31/2023 Page 9 of9 FWC Agreement #: 22029 Attachment A1 Thel Recipient shall allow unencumbered: access tot thel Project site tot the Commission, its employees or agent for the duration of the Agreement and for the duration of the site dedication period describedi in Sectionl I, Site Dedication, abovei in Section 4, Performance: for the purpose ofs site visit ori inspection to verify the facility is being maintained, in operation andi is open and available to the public. As part of the inspection, the Commission may request maintenance and use information from thel Recipient to validate the condition of the facility. This section shall: survive: any Agreement C. Project Maintenance: The Recipient shall provide and be responsible for any and all costs associated with the ordinary and routine operations and maintenance of the project site, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement ini this Agreement for the duration of the site dedication period described in Section I, Site Dedication, above in Section 4, Performance. This section shall survive any Agreement D. Project Progress Reports: Starting the first quarter after the date the Agreement is executed, the Recipient shall submit to the Commission, on a quarterly basis, Quarterly Reports outlining the progress of the Project (financial and programmatic), identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted ont the Quarterly Report Forms attached hereto and made a part hereof as Attachment E1, Form 1A & 1B. Progress report are required until the Certification of Completion is submitted, even if work is complete. Reports are due to the Commission's grant manager according to the following schedule: termination. termination. Reporting Period January through March April through. June July through September October through December Report due by: April 15th July 15th October 15th January 15th E. Annual Reports: Following completion ofa Construction Project, but not aj project that involves only design, engineering, and permitting, or for grants for the installation of waterway markers or other projects on sovereign submerged lands, the Recipient shall submit to the Commission an annual report on June 30th of each year until the end of the site dedication period described in Section I, Site Dedication, above in Section 4, Performance. The Post Award Use and Access Annual Report Form attached hereto and made a part hereof as Attachment E1, Form 7 shall be used to fulfill this annual requirement and shall be sent electronically to FBIPAMyFWC.com or by mail to Attn: FBIP Administrator, FWC, 620 S. Meridian St., Tallahassee, FL 32399. This annual report shall include a description of the condition of any facilities funded with Program fundsi including any major repairs toi thei facilities; the amount ofrevenue collected from any permits or fees for the use of the facilities; and an estimate of the number of users of the facilities. Should the Recipient fail to complete and submit these annual reports, the Recipient agrees to return to the Commission all funds tendered under this Agreement: for the original Project. This section survives any Agreement termination. 8. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 12 of the. Agreement. 9. : SUBCONTRACTS Rev. 3/31/2023 Page 10 of FWC. Agreement No. 22029 Subcontractors shall be reported to the Commission's Grant manager on the Subcontractor List, Attachment E1, Form 81 prior to commencing work. Recipients shall additionally submit a No Conflict of Interest statement for each subcontractor to the Commission's Grant manager. Refer to Section 14 ofthe Agreement. 10. INSURANCE No additional requirements. Refer to Section 16 oft the Agreement. 11. SECURITY ANDCONFIDENTIALTY Noadditional requirements. Refer to Section 20 ofthe Agreement. 12. RECORD KEEPING REQUIREMENTS Records shall be maintained for ten (10) years following the completion ofa a construction Project, or five (5) years following the completion of a non-construction Project. Completion of the Project has occurred when all reporting requirements are satisfied, and final payment has been received by the Recipient, as documented by the date oft the Closeout Letter issued by the FWC Grant manager. Refer to Section 21 oft the Agreement. 13. NON-EXPENDABLE PROPERTY The Recipient is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 14. PURCHASE ORI IMPROVEMENT OFI REAL: PROPERTY Refer to Subparagraph I, Site Dedication, above in Section 4, Performance. 15. SPECIALPROVISIONS FORCONSTRUCTIONCONTRACTS A. Fees: The Commission reserves the right to review and approve any and all fees proposed for grant project sites, funded in whole or in part by this Program, for thet term of the Agreement as well as thet term of the site dedication periodi in Section! I, Site! Dedication, abovei in Section 4, Performance to ensure that fees are comparable and reasonable, and that funds collected are not reallocated or diverted to any non-boating access related purpose. This section survives any Agreement B. Drug-Free Workplace Requirement for Construction Contractors: Pursuant to Section 440.102(15), F.S., any construction contractor regulated under Parts I and II of Chapter 489,F.S., who contracts to perform construction work under a state contract shall implement a drug-free C. Contractor Eligibility: All contractors shall be certified by the Division ofC Construction Industry Licensing Board of the Florida Department of Business and Professional Regulation for the duration ofthis Agreement and shall provide evidenceofsuch certification to the Commission upon termination. workplace. request. (Remainder of page left blank intentionally.) Last Revised: 3.20.2023 RecipienuSubrecipient Agreement Page 11 of29 ORDINANCE NO. 845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEXICO BEACH ORDAAUTHORLANCTIE AMENDMENTI FOR THE APPROPRIATION OF FUNDSAND. ADOPTIONOF THE. AMENDED. BUDGETFORTHE FISCALYEAR 2023-2024,FORTHE GENERAL, WATERAND SEWER FUND,PROVIDINGFOR SEVERALBILITY; PROVIDING REPEAL OF PARTS OF ORIDINANCES IN CONFLICTHEREWITE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council oft the city ofMexico Beach, Florida, has detemmined that itisint the best interests ofthe people oft the City ofMexico Beach that this ordinance be enacted; WHEREAS, the City Council did, on March 26, 2024, vote to amend the General Fund budget by taking $6,000.00 from General Fund balance toj pay fort two flag poles, one forl Parker Park and the other for Under thel Palms Park; WHEREAS, the City Council did, on May 14, 2024, vote to amend the General Fund budget by taking the balance (amount not part of the motion) fiom the Building Replacement Fund and the remaining costs from fund balance topay for restrooms at Under thel Palms Park; WHEREAS, the City Council did, on May 28, 2024, vote to amend the Sewer Fund budget by taking a not to exceed amount of $128,000.00 from Sewer Fund balance to pay for data flow alarms for our lift stations; WHEREAS, the City Council did, on May 28, 2024, vote to amend the Water Fund budget by taking an amount not to exceed of $108,250.00 fiom the Water Replacement Fund to pay for 400 water meters; WHEREAS, the City Council did, on June 11, 2024, vote toamend the Water Fund and Sewer Fund budgets by taking 50% from each of the two: funds forag ground penetrating radar, consisting of $12,503.50 from the Water Fund balance and $12,503.50 fiom the Sewer Fund; and WHEREAS, the City Council did, on August 13, 2024, vote to amend the Sewer Fund budget byt taking $27,977.00 additional firom Sewer Fund balance topay for additional equipment NOWTHEREFORE, be it ordained by the City Council of the City of Mexico 1. That there is anamended appropriated sum of$5,991,112 forthe General Fund forthe Fiscal Year 2023-2024. from the original budget of $5,708,437 to be used in the continued operation oftheGeneral Fund oft the City ofMexico Beach, Florida, ass set forth int the: amended budget ofs said City on file with the City Clerk. a. General Fund Balance to be used for the purchase of two flag poles b. Building Replacement Fund and General Fund Balance tol ber used for the purchase of restrooms in the amount of $276,675.00. fort the data flow alamms for our lift stations. Beach, Florida as follows: in the amount of $6,000.00. 2. That there is an amended appropriated sum of$2,081,641 for the Sewer Fund for the Fiscal Year 2023-2024, fiom the original budget of $1,913,160 to be used in the continued operation oft the Sewer Fund oft the City ofl Mexico Beach. Florida, as: set forth int the amended budget ofsaid City on file with the City Clerk. a. Sewer Fund Balance to be used for data flow alarms in the amount of b. Sewer Fund Balance to be used for a ground penetrating radar in the 3. That there is an amended appropriated sumof$1,362,383 forthe Water Fund fort the Fiscal Year 2023-2024, from the original budget of $1,241,629 to be used in the continued operation of the Water Fund oft the City ofMexico Beach. Florida, as set forth in the amended budget ofsaid City on file with the City Clerk. $155,977.00. amount of $12,504.00. Water Replacement Fund to be used for water meters in the amount of b. Water Fund Balance to be used for a ground penetrating radar in the 4. Should any part ofthis Ordinance be deemed invalid by acourt ofc competent jurisdiction, the invalid parts shall be severed from the Ordinance and the 5. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed inv whole ori in pat to the extent oft the conflict. 6.This Ordinance shall take effect immediately upon its adoption. $108,250.00. amount of $12,504.00. remaining parts shall not be affected thereby. INTRODUCED att the Regular Council Meeting of the City Council on the 10th day of September 2024. ADOPTED at the Regular Council Meeting of the City Council on the 24th day of September 2024. CITY OF MEXICO BEACH, FLORIDA BY: Richard Wolff, Mayor ATTEST: Tammy Brunson, City Clerk MEXICOBEACH :0:A-1:0- City Council Agenda Abstract Form Meeting Date: Department: Date of Public Hearing: For Clerk's Use Only AGENDAI ITEM# 09-24-24 Admin Public Hearing: D Yes No Consent Agenda Regular Agenda Closed Session PRESENTERINPORMATON CONTACT: Mell Smigielski ITEM TOBE CONSIDERED Subject: Attachment(s): Ordinance 844. Brief Summary: Sanitation rate increase. Action Requested: Increase sanitation rate. ISSUE OVERVIEW Ordinance 844 - Increase Sanitation Rates. Background Information & Issue Summary: Costs continue to go up, so keeping pace willr require a 5.0 % increase in the sanitation rates. Last year's increase was 10%, SO we are doing our best to hold the line on expenses. Financial Impacts: The sanitation rate will increase the monthly charge to residents by 1.67 per residential unit. Staff eommercatonsCommens Approve Ordinance 844. ORDINANCE, 844 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 836, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVEDATE. WHEREAS, the City Council of the Mexico Beach ("City") has determined that iti is in the best interests of NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO the citizens of Mexico Beach that an ordinance amending Ordinance No. 8361 be enacted; and BEACH, FLORIDA that: SECTION 1: Section 5(b) ofOrdinance No. 800 shall be amended to now read as follows: Section 5(b): Schedule of Fees and Charges- Monthly: Residential Unit: Commercial: Dumpster: $_35.03 $_51.29 $287.66 $115.50 $10.50 per residential unit per commercial unit per dumpster per pick up Additional Pick-Ups Dumpster: Excessive Garbage Fee: Special Events Collection Rate per additional can or equivalent Fee TBDI Dumpster Rate SECTION2: All other provisions of Ordinance No. 836 other than Section 5(b) as mentioned above shall SECTION3: All other ordinances, parts of ordinances and resolutions in conflict herewith are hereby repealed. remain in full force and effect. SECTION4: This ordinance shall take effect on October 1,2024. PASSED, APPROVED AND ADOPTED by the City Council of the City ofMexico Beach, Floridai this the day of 2024. THE CITY OF MEXICO BEACH Richard Wolff, Mayor BY: ATTEST: Tammy Brunson, City Clerk MEXICOBEACH 0.R.I.D.A City Council Agenda Abstract Form Meeting Date: Department: Date of Public Hearing: For Clerk's Use Only AGENDA ITEM# 09-24-24 Admin Public! Hearing: D Yes No Agenda Consent Regular Agenda Closed Session RESENTERINFORMATON CONTACT: Mell Smigielski ITEM TO BE CONSIDERED Subject: Attachment(s): Ordinance 846. Brief Summary: Action Requested: ISSUE OVERVIEW Ordinance 846 - Increase Water and Sewer Rates. Bay County increased the wholesale water and sewer rates to the city. Pass the Bay County increase through to our customers. Background Information & Issue Summary: Bay County sent al letter dated June 4, 2024 stating the sewer rate will bei increasing by 9.0% on October 1, 2024. Bay County sent al letter dated June 11, 2024 stating the wholesale water rate will be increasing by 3.0% on October 1,2024. Financial Impacts: The water rate for the customer will increase 06 cents per 1,000 gallons, sewer rate will increase 30 cents per 1,000 gallons and the sanitation rate willi increase 1.67 per residential unit. Considering these increases along with a sanitation increase of 5.0% (and utility taxes), the effect ont the consumer is ani increase of $3.12 per 1,000 gallons ($129.85 to $132.97 for the average monthly bill). Staff Recommendations/Comments: Approve Ordinance 846. ORDINANCE, 846 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 817, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL WATER/SEWER SYSTEM FOR THE SERVICE INSIDE AND OUTSIDE THE CITY LIMITS OF MEXICO BEACH, ALLOWING FOR SENIOR CITIZEN DISCOUNT AND VACANT LOT RATES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES INCONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the Mexico Beach ("City") has determined that it is int the best interests oft the citizens of Mexico Beach that an ordinance amending Ordinance No. 817 be enacted; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO BEACH, FLORIDA that: SECTION1. CHARGE FOR WATER RATE FOR WATER SERVICE A. Any user of the services of the water utility system shall pay therefore a monthly charge or rate as indicated by the appropriate category of this section. B. Residential Accounts: Rates 3"4,000 gallons 1"6,000 gallons Hydrant usage Monthly Basis $40.63, excess $3.63 per 1,000 gallons $60.42, excess $3.63 per 1,000 gallons $_3.63, per 1,000 gallons 34"- irrigation meter $ 3.63 per 1,000 gallons. No sewer fees will be charged on irrigation meters. A utility tax will be charged on all water usage in accordance with local law. C. Duplex dwellings or multi-family (MDS) on the same building site serviced by one service connection prior to the passage of this ordinance, shall pay the minimum charge of$40.63 per unit in the structure. The base allowance will be 4,000 gallons for each unit in the building. All excess usage will be charged at the rate of $3.63 per 1,000 gallons. D. Commercial Accounts: Rates 1"6,000 gallons 1%"9 9,000 gallons 2" 12,000 gallons 3" 18,000 gallons 4"24,000 gallons Monthly Basis $60.42, excess $3.63_per 1,000 gallons $ 84.41, excess $_3.63 per 1,000 gallons $111.95, excess $ 3.63 per 1,000 gallons $163.55, excess $_3.63 per 1,000 gallons $217.44, excess $_3.63 per 1,000 gallons E. Temporary construction meters, (3/4") can be purchased by the customer upon request for construction purposes. The monthly rate will be $40.63 for 0-4,000 gallons/excess $3.63 per 1,000 gallons, not to exceed three (3) months unless approved by the City Administrator. F. Inactive accounts, excluding vacant lots, will be required to pay a base rate of$26.11. The inactive fee excludes the usage fee of$ $3.63 per 1,000 gallons and is the customer's portion oft the debt and operation. SECTION:2. CHARGE FOR RATE FOR SEWER SERVICE A. Any user of the services oft the sewer utility system shall pay therefore a monthly charge or rate as indicated by the appropriate category ofthis section. B. Residential Accounts: Base Monthly Charge: Volumetric Charge: .C Commercial Accounts: Base Monthly Charge: Volumetric Charge: Special Category Section $_54.47 $_5.05 $_54.47 $_5.05 (4,000 gallons usage) excess per 1,000 gallons (4,000 gallons base usage) excess per 1,000 gallons (1) RestauramyBar/Pateres Seating Oto25 26t050 51to75 76to 100 101 to 125 $_171.10 126-150 151to 175 176-200 201 to 250 $_314.97 251 to300 $_369.44 Monthly Base Rate $_54.47 $82.05 $_108.94 $_134.97 $_206.03 $_233.27 $_260.51 Base Usage 4,000 gallons 6,000 gallons 8,000 gallons 10,000 gallons 16,000 gallons 22,000 gallons 24,000 gallons 26,000 gallons 30,000 gallons 34,000 gallons Above 300 Add$_54.47 per: 50 seats/Add 4,000 per 50 seats ine excess oft the establishment's base usage amounts. (2) Convenience Stores/Gasoline Stations Basic Monthly Charge: Volumetric Charge: Volumetric Charge: (4) Private Recreational Facility 10.01 Acres and above All estaurantsybarseateries shall be charged $ 5.05 per 1,000 gallons processed $_163.40 (12,000 gallons base usage) 5.05 excess per 1,000 gallons (3) Large Retail(12,000 Sq. Ft. & above)$ 217.87 (16,000 gallons base usage) 5.05 excess per 1,000 gallons Upi to .50 acre ground coverage $_81.70 (6,000 gallons base usage) .51 to 10 acres ground coverage $_108.94 (8,000 gallons base usage) (RV) sites:$ 15.89 per each hotel/motel room and RV site (Base usage = $163.40 (12,000 gallons base usage) (5) Hotel/Motel Rooms/Recreational Vehicle Monthly Base ratel $54.47x4,000) (e.g. 10 rooms/RV sites: 10x1 13.00-5130,00-26; x4,000=1 10,520 as the base rate.) D. Duplex dwellings or muti-family (MDS) on the same building site serviced by on service connection prior top passage ofthis ordinance shall pay the minimum of $54.47 for the first unit and $54.47 per additional unit in the structure. All usage ofthe first 4,000 gallons will have a volumetric charge of$_5.05 per thousand. E. Inactive accounts, excluding vacant lots, will be required to pay al base rate of$_ 34.23. The inactive fee excludes the usage fee of$_5.05 per thousand gallons and is the customer's portion oft the debt and operation. SECTION3. SECONDARY WATER METERWS FOR NON-SEWER CONNECTED ACTIVITIES A. There is no monthly minimum fee for the secondary meter; the secondary meter billing will reflect the monthly water consumption and all applicable taxes. SECTION4. USE OF THE MUNICIPAL WATER/SEWER SYSTEM OUTSIDE THE CITYLIMITS A. Where water and: sewer are afforded a customer outside the city limits, the customer shall pay a monthly fee in accordance with the prevailing rate schedule plus a State law references: Limitation on rates charged consumers outside city limits, surcharge of25 percent thereof. F.S. 180.191. SECTIONS. SENIOR CITIZEN DISCOUNT FOR MONTHLY WATER/SEWER CUSTOMERS A. Any person that is a customer oft the City ofMexico Beach water/sewer system that qualifies for and receives homestead exemption pursuant to section 6(a), Article VII oft the Florida Constitution, and who meets the following criteria will receive this 1. Must be a full-time, year-round resident oft the City of Mexico Beach or our 2. Be at least 65 years of age as ofOctober 1 oft the year to file. 3. Have al household adjusted gross income that does not exceed the limit announced (Household Adjusted Gross Income: The sum ofincome for all members ofthe household. For the purposes ofapplying for this exemption, it is the adjusted gross income figure that is calculated and reported on the Federal Income Tax return ofall discount: service area. by the State of Florida each. January. household members.) B. Customers qualifying for this discount shall be charged the following: (a) Water- $ 31.51 up to 4,000 gallons (b) Sewer- $ 42.51 up to 4,000 gallons (c) All applicable taxes will bei included. SECTION6. VACANTLOTS A. Customers with vacant lots willl be charged the following rates: (a) Water- $ 26.08 (b) Excess consumption charges shall be at the prevailing per thousand-gallon rate (in excess of4,000 gallons) (c) All applicable taxes will be included. This section was effective April 1, 1997, when the City of Mexico Beach implemented this policy and discussed this waiver during a public meeting on January 23, 1997 and only applies to those customers paying base rates since April 1, 1997 on vacant land. Customers that have vacant lots and pay the base rates without interruption will be exempt from paying Water and Sewer impact fees at the time of construction. Upon the sale ofthe property, this waiver will pass to the new property owner(s) providing there is no interruption in payment of fees. SECTION7. FUTURE AMENDMENTS SECTION 9. EFFECTIVE DATE All subsequent amendments to this ordinance may be made by resolution. This Ordinance shall become effective on October 1, 2024. SECTION IO. REPEAL All Codes, Ordinances and/or Resolutions or parts ofCodes, Ordinances and/or Resolutions in conflict herewith are hereby repealed to the extent of the conflict. PASSED, APPROVED AND. ADOPTED by the City Council ofthe City ofMexico Beach, Florida, this day of 2024. THE CITY OF MEXICO BEACH BY: RICHARD WOLFF, Mayor ATTEST: TAMMY BRUNSON City Clerk MEXICOBEACH OK:0-A City Council Agenda Abstract Form Meeting Date: Department: Date of Public Hearing: For Clerk's Use Only AGENDA ITEM# 09-24-24 Admin Public Hearing: D Yes No Agenda Consent Agenda Regular Closed Session RESENERINPORMAION CONTACT: Mell Smigielski ITEM TO BE CONSIDERED Subject: Attachment(s): Ordinance 847. Brief Summary: Ordinance 847-F Floodplain Ordinance The city is required to adopt ai floodplain ordinance that meets or exceeds minimum National Flood Insurance Program requirements by October 24, 2024. Action Requested: Adopt revised floodplain ordinance. ISSUE OVERVIEW Background Information & Issue Summary: The FEMA consultant has met with the City Administrator, City Floodplain Consultant and City Attorney to provide a revised floodplain ordinance for City Council approval. Items of note are the incorporation of Flood Insurance Rate Maps, definition of market value incorporating actual cash value, minimum building elevations, enclosures below required elevations, repetitive flood damage and listed amendments to Florida Building Code taken out SO no future need to adjust our ordinance (FBC by reference) when there are changes to the FBC. Financial Impacts: Failure to adopt the floodplain ordinance will put at risk the City's ability to continue to obtain FEMA funding. Staff ecommeruatlonsCommens Approve Ordinance 847. ORDINANCE NO. 847 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING THE MEXICO BEACH LAND DEVELOPMENT CODE SECTION 4.05.00 FLOODPLAIN REQUIREMENTS; AND PROVIDING FOR APPLICABILITY, INCLUSION IN CODE, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY, SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 - Municipalities), Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; WHEREAS, the City of Mexico Beach participates in the National Flood Insurance Program and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for Bay County, Florida and Incorporated Areas, with an effective date of October 24, 2024, and the City Council determined that iti is ini the public interest to amend Section 4.05.00 Floodplain Regulations toi identify the effective date oft the revised Flood Insurance Study and Flood Insurance Rate Maps; WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical amendments to the Florida Building Code that provide for more stringent requirements thant those specified in the Code and allows adoption of local administrative and local technical amendments tot the Florida Building Code to implement the National Flood Insurance Program and incentives; WHEREAS, the City Council previously adopted local amendments tot the Florida Building Code and is reformatting those amendments as part of the floodplain management regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of Mexico Beach that the and following amendments are hereby adopted. SECTION 1. AMENDMENT OF SECTION 4.05.00 FLOODPLAIN REQUIREMENTS. 4.05.00 FLOODPLAIN REQUIREMENTS 4.05.01 ADMINISTRATION A. TITLE. These regulations shall be known as the floodplain management section of the city, hereinafter referred to as "this chaptersection." B. SCOPE. The provisions of this section shall apply to all development that is wholly within or partially within any flood hazard area and the two-tenths of one percent (0.2%) (500-year) flood hazard area (shaded Zone.X X),including' but not limited tot the subdivision ofland; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement;, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. C. INTENT. The purposes of this section and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption ofcommerce, access and public service during times 2. Require the use ofa appropriate construction practices in order to prevent or minimize 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage ofequipment orr materials, and therdevelopmentwncn mayincrease flood damage 4. Manage the: alteration offlood] hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions oft the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of 7. Minimize the need for future expenditure ofpublicfunds for flood control projects sand 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. offlooding; future flood damage; ore erosion potential; flood hazard areas; response to and recovery from flood events; and D. COORDINATION WITH THE FLORIDA BUILDING CODE. This section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by thel Florida Building Code. Int the City ofMexico City,administration ofthe flood provisions oft the Florida Building Code: shall be based on the flood hazard area established inj paragraph Gofthis Section. E. WARNING. The degree of flood protection required by this section and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised byt the Federal Emergency Management. Agency,requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance 2 Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this section. F. DISCLAIMER OF LIABILITY. This section shall not create liability on the part of the City Council of the City of Mexico Beach or by any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made thereunder. G. APPLICABILITY. 1. General. Where there is a conflict between a general requirement and a specific 2. Areas to which this section applies. This section shall apply to all flood hazard areas a: ypwdtenea Insurance Study for Bay County, Florida and incorporated areas dated une-2,2009-October. 24, 2024, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as aj part ofthis section and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Mexico Beach, City Hall, 201 Paradise Path, Mexico Beach, Florida 32410,Mewice-Beaeh, b-The-Post-Michaaet-AdapetPrelminasybodMaplorBayCounty-predueedbythe Northwest-PoridaWater-ManagementPistret,orasrevisedamdrepested.tetthe-NWPWME webpage-AtP#fperel-awlwmalogemapscemiareasepledbyrelerenee-asapartoFths seeton-and,where-sue-maPs-ShoW-mere-restPietive-base-oed-elevation-and-mere restrietive-t00d-2esignatiens-tha-ShewIe0d-msuranceRate-Maps-adepted -subpargraph-3a,tRe-mOre-resEeive-dFme-base-log-devation-and-Hoed-zene esigmatiens-shal-Preval-Upon-issuane-da-leler-oF-Fma-Petermination-by-FEMA establShingtheeectivedatelerrevisienstethestudyanemapsekedmsubparagraph3.a, 4. Submission ofadditional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 4.05.04 the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared bya a Florida licensed professional surveyor or digital topography accepted by the community a. Arel below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subjectt to the requirements oft this section and, as applicable, the requirements ofthe Florida b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes 5. Otherlaws. The provisions ofthis section: shall not be deemed to nullify any provisions requirement, the specific requirement shall bea applicable. within the City, as established in subparagraph 3. 3. Basis forestablishing. flood hazard areas. Flerida-32410. hissubparagraphshal-beveided: indicates that ground elevations: Building Code. the area from the special flood hazard area. oflocal, state or federal law. 3 6. Abrogation and greater restrictions. This section supersedes any ordinance in effect for management of development in flood hazard areas. However, it isi not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this section and any other ordinance, the more restrictive shall govern. This section shall noti impair any deed restriction, covenant or easement, but any land that is subject to: such interests shall alsol be governed by this section. 7. Interpretation. In the interpretation and application oft this section, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor oft the governing body; and C. Deemed neither tol limit nor repeal any other powers granted under state statutes. 1. Scope. Unless otherwise expressly stated, the following words and terms shall, for the 2. Terms defined. in the Florida Building Code. Where terms are: not defined int this section and are defined int the Floridal Building Code, such terms shall have the meanings ascribed to 3. Terms not defined. Where terms are not defined in this section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area ofthe channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity oft the riverine flow of water during conditions ofthe H. DEFINITIONS. purposes of this section, have the meanings shown in this section. them in that code. base flood. APPEAL. A request for a review of the Floodplain Administrator's interpretation of ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the BASE FLOOD. A flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Also defined in FBC, B, Section 202.)Thel base flood is commonly BASE FLOOD ELEVATION. The elevation of the base flood, including wave. height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). (Also defined in BASEMENT. The portion of a building having its floor sub grade (below ground level) on all sides. "Also defined in FBC, B, Section 202; see "Basement (for flood loads)"." COASTAL CONSTRUCTION CONTROL LINE. The line established by the State of Florida pursuant to F.S. S 161.053, and recorded in the official records oft thecommunityBay County, Florida, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather any provision oft this chaptersection. American Society of Civil Engineers, Reston, Virginia. referred to as the "100-year flood" or the "1% annual chance flood." FBC, B, Section 202.) conditions. 4 COASTAL HIGH HAZARD AREA. A special flood hazard area extending from offshore to the inland limit ofaj primary frontal dune along an open coast: and any otherarea subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or' "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. CRITICAL FACILITY. A facility for which even a slight chance of flooding poses unacceptable risk. Critical facilities include facilities assigned Flood Design Class 4 and care facilities where residents have limited mobility or ability, including nursing homes but not including care facilities for five (5)_or fewer persons. areas: (Also defined in FBC, B, Section 202.) DESIGN FLOOD. The flood associated with the greater of the following two_(2) (a) Area with a floodplain subject to a one percent (1%) or greater chance of (b) Area designated as a flood hazard area on the community's flood hazard flooding in any. year; or designated. map, except for the 0.2% (500-year) flood hazard area (shaded Zone X), or otherwise legally DESIGN FLOOD ELEVATION. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade oft the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two_(2) feet. (Also defined in FBC, B, Section 202.) DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbingactivities. ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other developmenti into a flood hazard area which mayi impede or alter the flow EXISTING BUILDING AND EXISTING STRUCTURE. Any buildings and structures for which the "start of construction" commenced before July 15, 1977. (Also defined in FBC, EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation ofutilities, the construction ofs streets, and either final site grading or the pouring ofconcrete EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEDERALEMEMERGENCY MANAGEMENT AGENCY (FEMA). The federal agencyt that, in addition to carrying out other functions, administers the National Flood Insurance capacity of riverine flood hazard areas. B, Section 202.) pads) is completed before July 15, 1977. Program. 5 FLOOD or FLOODING. A general and temporary condition of partial or complete (b) The unusual and rapid accumulation or runoff of surface waters from any FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in FBC, B, Section 202.) FLOOD HAZARD AREA. The greater of the following two (2) areas: (Also defined (a) The area within a floodplain subject to a one percent (1%) or greater chance (b) The two-tenths ofone percent (0.2%) (five hundred (500)-year) flood hazard area (shaded Zone X) designated as a flood hazard area on the community's flood hazard FLOOD INSURANCE RATE MAP (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. (Also defined in FBC, B, FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (ifapplicable), the water surface elevations of the base flood, FLOODPLAIN ADMINISTRATOR. The office or position designated and charged with the administration and enforcement of this section (may be referred to as the FLOODPLAIN DEVELOPMENT PERMIT OR APPROVAL. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard FLOODWAY. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)_foot. (Also defined in FBC, B, FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall bej prepared by a qualified Florida FLORIDA BUILDING CODE. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it isl located or carried outi in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or inundation of normally dry land from: (Also defined in FBC, B, Section 202.) (a) The overflow ofi inland or tidal waters. source. inF FBC, B, Section 202.) off flooding in any year. map, or otherwise legally designated. Section 202.) and supporting technical data. (Also defined in FBC, B, Section 202.) Floodplain Manager). areas and that are determined to be compliant with this section. Section 202.) licensed engineer using standard engineering methods and models. Code, Plumbing; Florida Building Code, Fuel Gas. 6 passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manutacturing facilities. HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface HISTORICSTRUCTURE. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters (a)_Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard show changes to flood zones, flood elevations, special flood hazard area boundaries and structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, al Letter LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eightthousand five hundred (8,500) pounds gross vehicular weight rating or less which has avehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle prior to construction next to the proposed walls or foundation of a structure. Chapter12 Historic Buildings. ofM Map Change include: area. (b)_Letter of Map Revision (LOMR): A revision based on technical data that may (c)_Letter of Map Revision Based on Fill (LOMR-F)-A determination that a floodway delineations, and other planimetric features. community's floodplain management regulations. (dConditional Letter ofl Map Revision (CLOMR)-IA: formal reviewand comment ofMap Revision may bei issued by FEMA to revise the effective FIRM. frontal area of forty-five[45) square feet or less, which is: (a) Designed primarily for purposes of transportation of property or is a (b) Designed primarily for transportation of persons and has a capacity of more (c) Available with special features enabling off-street or off-highway operation LOWEST FLOOR. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is notl built sO as to render the structure in violation oft the non- elevation requirements of the Florida Building Code or ASCE 24. (Also defined in FBC, B, derivation ofs such a vehicle, or than twelve (12) persons; or and use. Section 202.) 7 MANUFACTURED HOME. A structure, transportable in one_(1) or more sections, whichi is eight_(8) feet or more: in widthand greater than four hundred(400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home" does noti include a' 'recreational vehicle" or park trailer." (Also defined in 15C-1.0101, MANUFACTURED HOME PARKOR SUBDIVISION. A parcel (or contiguous parcels) MARKET' VALUE. Thepriceatwhcheprepeywldamgehanehandbetweenawllang buyerand-a-Wingselef,melherpary-bemgumeer-cercmpusone-bwyeor-selr-amd-both havingreasemablekamowledgeofrelevanthats-Asisedinaschapterteteermreferstethe market value ofbuildings and structures,excluding: the land and otherimprovements on the parcel. Market value may-beestabishebyagualieimspendentappraises: ist theactual cash value (m-kindreplacement cost depreciated for age.msarandreat.neglet. and quality ofc construction) determined byaqualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the County_Property NEWCONSTRUCTION. Fort the purposes ofadministration ofthisehapersectionand the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after July 15, 1977 and includes any NEW/MANUFACTUREDHOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is PARKTRAILER. At transportable unit which has al body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed RECREATIONAL VEHICLE. A vehicle, including a park trailer, which is: (See F.S. S F.A.C.) ofland divided into two_(2) or more: manufactured home lots for rent or sale. Appraiser. ubsequentimprovements to such structures. completed on or after) July 15, 1977. fixtures and appliances. (Defined in F.S.$320.01.) 320.01.) (a) Built on a single chassis; (b) Four hundred (400)_square feet or less when measured at the largest (c) Designed to be self-propelled or permanently towable by a light-duty truck; (d) Designed primarily not for use as a permanent dwelling but as temporary SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds SPECIAL FLOOD HAZARD AREA. An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone. A,A0,AL-A30,AEA99,AI.VI-W30.VEorv, (Also defined in FBC, B: Section horizontal projection; and living quarters for recreational, camping, travel, or seasonal use. landward ofthe beach. 202.) 8 START OF CONSTRUCTION. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundredeighty/(180) days oft the date ofthe issuance. The actual startofconstruction means eitherthe first placement ofj permanent construction ofal building (includingan manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection oftemporary forms or the installation ofaccessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration ofany wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Also defined in FBC, B SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the building or structure toi its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the building or structure before the damage occurred. The term also includes flood-related damage sustained by a structure on two (2)_separate occasions during a ten.(10)-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent (25%) of the market value ofthe structure before the damage occurred. (Also defined in FBC, BS Section SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition, or otheri improvement ofal building or structure taking place during aone_(1)-year period, the cumulative cost of which equals or exceeds fifty percent (50%)of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one (1)-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to May 11, 2016. Ift the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, sanitary, or safety code violations identified by thel building official and thata are the minimum Section 202.) 202.) include either (also defined in FBC, B, Section 202.) necessary to assure safe living conditions. (a) Any project fori improvement tofabuilding required to correct existing health, (b) Anyalteration ofal historics structure provided the alteration will not] preclude VARIANCE. A grant of relief from the requirements of this chaptersection, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chaptersection or WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, the structure's continued designation as a historic structure. the Florida Building Code. through, or over which water flows at least periodically. 4.05.02 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR A. DESIGNATION. 9 The City Administrator is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. B. AUTHORIZATION. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this section. The Floodplain Administrator shall have the authority to render interpretations ofthis section consistent with the intentand purpose ofthis section and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this section without the granting of a variance pursuant to Section 4.05.06. C.A APPLICATIONS AND PERMITS. The Floodplain Administrator, in coordination with other pertinent offices of the 1. Reviewa applications and plans to determiner whether proposed new developmentwill 2. Review applications for modification of any existing development in flood hazard 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination 5. Determine whether additional flood hazard data shall be obtained from other sources 6. Review applications to determine whether proposed developmentwill be reasonably 7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this section is demonstrated, or disapprove the same in the event of 8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chaptersection. D. SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction oft the proposed work; in the case of repair, the market value community, shall: be located in flood hazard areas; areas for compliance with the requirements oft this section; shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; ors shall be developed by an applicant; safe from flooding; noncompliance; and Administrator, in coordination with the Building Official, shall: 10 oft the building or: structure shall be the market valuel before the damage occurred andl before 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; for proposed work to repair damage caused by flooding, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of 'substantial damage" and the determination requires evaluation of precious permits issued fori improvements and repairs 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this section is required. E.N MODIFICATIONS OF THE STRICT APPLICATION OF THE REQUIREMENTS OF THE The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements oft the Florida Building Code to determine whether such requests any repairs are made; applicable, to the market value oft the building or structure; as specified in the definition of" "substantial improvement'y: and FLORIDA BUILDING CODE. require the granting ofa variance pursuant to Section 4.05.06. F.N NOTICES AND ORDERS. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this section. G. INSPECTIONS. The Floodplain Administrator shall make the required inspections as specified in Section 4.05.05 for development thati is not subject to the Floridal Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. H. OTHER DUTIES OF THE FLOODPLAIN ADMINISTRATOR. The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building Official, procedures foradministering: gand documenting determinations of substantial improvement and substantial damage made 2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood pursuant to Section 4.05.02, paragraph D.; Management Agency (FEMA); 11 elevations, flood hazard area boundaries, or floodway designations; such submissions shall 4. Review required design certifications and documentation of elevations specified by this section and the Florida Building Code to determine that such certifications and 5. Notify the Federal Emergency Management Agency when the corporate boundaries of 6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." be made within six_(6) months ofs such data becoming available; documentation are complete; the City of Mexico Beach are modified; and .F FLOODPLAIN MANAGEMENT RECORDS. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for publicinspection all records that are necessary for the administration oft this section and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records ofi issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repairofsubstantial damage; required design certifications and documentation ofe elevations specified by the Florida Building Code and this section; notifications to adjacent communities, FEMA, and thes state related to alterationsofwatercourses; assurances thatthe flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City Hall by contacting the City Administrator. 4.05.03 PERMITS A. PERMITS REQUIRED. Any owner or owner's authorized agent (hereinafter 'applicant") who intends to undertake any development activity within the scope of this section, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Officialifapplicable; and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this section and all other applicable codes and regulations has been satisfied. B. FLOODPLAIN DEVELOPMENT PERMITS OR APPROVALS. Floodplain development permits or approvals shall be issued pursuant to this section for any development activities not subject to the requirements of the Florida Building Code, 12 including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development .E BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM' THE FLORIDA BUILDING Pursuant to the requirements off federal regulation forj participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which permit or approval is required in addition to a building permit. CODE. are subject to the requirements oft this section: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in F.S.S 604.50. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in F.S. S 366.02, which are directly involved in the generation, transmission, or distribution of electricity. 6. 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 hut 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 7. Family mausoleums not exceeding two hundred fifty (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. 8. Temporary housing provided by the Department of Corrections to any prisoner in the 9. Structures identified in FS.9553.73(10)09. are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood features. state correctional system. Insurance Rate Maps. D. APPLICATION FOR PERMIT OR APPROVAL. application in writing on a form furnished by the community. 2. The information provided shall: 1. To obtain a floodplain development permit or approval the applicant shall first file an a. Identifyand describe the development to be covered by the permit or approval. b. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and C. Indicate the use and occupancy for which the proposed development is intended. d. Be accompanied by a site plan or construction documents as specified in Section definitively locate the site. 4.05.04. e. State the valuation oft the proposed work. E Be: signed by the applicant or the applicant's authorized agent. g. Give such other data and information as required by the Floodplain Administrator. 13 E. VALIDITY OF PERMIT OR APPROVAL. The issuance of a floodplain development permit or approval pursuant to this section shall not be construed to be a permit for, or approval of, any violation of this section, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. F.E EXPIRATION. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions for periods of not more than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall be demonstrated. G. SUSPENSION OR REVOCATION. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis ofi incorrect, inaccurate or incomplete information, ori in violation of this section or any other ordinance, regulation or requirement of this community. H. OTHER PERMITS REQUIRED. Floodplain development permits and building permits shall include a condition that all othera applicable: state orf federal permits be obtained before commencementorthe permitted 2. Florida Department of Health for onsite sewage treatment and disposal systems; F.S. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward oft the 4. Florida Department of Environmental Protection for activities subject to the Joint 5. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; development, including but not limited to the following: 1. The Northwest Florida Water Management District; F.S.$373.036. $381.0065 and Chapter 64E-6, F.A.C. coastal construction control line; F.S. $161.041. Coastal Permit; F.S.S161.055. Section 404 of the Clean Water. Act. 6. Federal permits and approvals. 4.05.04 SITE PLANS AND CONSTRUCTION DOCUMENTS A. INFORMATION FOR DEVELOPMENT IN FLOOD HAZARD AREAS. 1. The site plan or construction documents for any development subject to the requirements oft this section shall be drawn to scale and shall include, as applicableto the proposed development: 14 a. Delineation of flood hazard areas, 500-year floodplain boundary, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if b. Where base flood elevations or floodway data are noti included on the FIRM ori in the Flood Insurance Study, they shall be established in accordance with Section Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 4.05.04, paragraph A. d. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall - Location, extent, amount, and proposed final grades of any filling, grading, or - Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description oft the intended purpose oft the fill areas; compensatory storage excavations, if required; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. g. Delineation of the Coastal Construction Control Line or notation that the site is h. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental E Existing and proposed alignment of any proposed alteration of a watercourse. 2. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chaptersection but thatare not required to be prepared by a registered design professional ifiti is found that the nature ofthe proposed developmenti is such that the review of such submissions is not necessary to B. INFORMATION IN FLOOD HAZARD AREAS WITHOUT BASE FLOOD ELEVATIONS Where flood hazard areas are delineated on the FIRM and base flood elevation data have not 1. Require the applicant to include base flood elevation data prepared in accordance 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or 3. Where base flood elevation and floodway data are not: available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or necessary for review of the proposed development. 4.05.04, paragraphs B. or C. bel located landward oft the reach of mean high tide. excavation. seaward oft the coastal construction control line, ifapplicable. Protection. ascertain compliance with this section. APPROXIMATE ZONEA). been provided, the Floodplain Administrator shall: with currently accepted engineering practices. other source. technically incorrect or otherwise inadequate: 15 a. Require the applicant to include base flood elevation data prepared in accordance b. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths 4. Where the base flood elevation data are tol be used to supportal Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it: shall be the responsibility oftheapplicant As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 4.05.04, paragraph D. and shall submit the Conditional Letter ofI Mapl Revision, ifissued by FEMA, with the site plan 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in 3. Foralteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed with currently accepted engineering practices; or have been or may be greater than two (2) feet. tos satisfy the submittal requirements and pay the processing fees. C. Additional analyses and certifications. construction documents: and construction documents. flood hazard areas identified as Zone AO or Zone AH. Section 4.05.04, paragraph D. alteration will noti increase the potential for flood damage. D. SUBMISSION OF ADDITIONAL DATA When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are: submitted to support an application, the applicant has the right to seek a Letter ofMap Change from FEMA to change thel base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a 16 format required by FEMA. Submittal requirements and processing fees shall be the responsibility oft the applicant. 4.05.05 INSPECTIONS A. GENERAL INSPECTIONS. subject to inspection. Development for which a floodplain development permit or approval is required shall be B. DEVELOPMENT OTHER' THAN BUILDINGS. AND STRUCTURES. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this section and the conditions of issued floodplain development C.B BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM THE: FLORIDA BUILDING The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this section and the conditions ofissued floodplain development permits or approvals. permits or approvals. CODE. D. LOWEST FLOOR INSPECTION. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building. structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. Ifad design flood elevation was used to determine the required elevation oft the lowest floor, the certification of elevation ofthel lowest floor) prepared and sealed by a Florida 2. Ift the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 4.05.04, subparagraph B.3.b., the documentation of height of the lowest floor above highest adjacent grade, prepared licensed professional surveyor; or by the owner ort the owner's authorized agent. E. FINAL INSPECTION. As part oft the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentation shall be prepared as specified in Section 4.05.04, paragraph D. F. MANUFACTURED HOMES. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirementsofthis: section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. 17 4.05.06 VARIANCES AND APPEALS A. REQUESTS. The City Council shall hear and decide on requests forappeals and requests for variances from the strict application of this section. Pursuant to F.S.$553.73(5), the City Council shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 ofthe Florida Building Code, Building. B. APPEALS. The City Council shall hear and decide on appeals when iti is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this section. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. . LIMITATIONS ON AUTHORITYTO GRANT VARIANCES. The City Council shall basei its decisions on variances on technical justifications: submitted by applicants, the considerations for issuance in paragraph G. of this section, the conditions ofissuance set forth inj paragraph H. ofthis section, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Council has the right to attach such conditions as it deems necessary to further the purposes and objectives of this section. D. RESTRICTIONS IN FLOODWAYS. Avariance: shall notl be issued forany proposed developmentinatloodwayiranyincrease in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 4.05.04, paragraph C. E. HISTORIC BUILDINGS. Av variance is authorized to be issued for the repair, improvement, or rehabilitation ofa historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be: subject to the requirements ofthe Floridal Building Code. F.F FUNCTIONALLY DEPENDENT USES. Av variance is authorized to be issued for the construction or substantial improvement necessary fortheconductofal functionally dependent use,as defined in this section,provided the variance meets the requirements of paragraph D. of this section is the minimum 18 necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence oft the base flood. G. CONSIDERATIONS FOR SSUANCE OF VARIANCES. In reviewing requests for variances, the City Council shall consider all technical evaluations, all relevant factors, all otherapplicable provisions of the Florida Building Code, 1. The danger that materials and debris may be swept onto other lands resulting in 3. The susceptibility of the proposed development, including contents, to flood damage 4. The importance of the services provided by the proposed development to the 5. The availability of alternate locations for the proposed development that are subject 6. The compatibility of the proposed development with existing and anticipated 7. The relationship of the proposed development to the comprehensive plan and 8. The safety of access to the property in times of flooding for ordinary and emergency 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport oft the floodwaters and the effects of wave action, ifapplicable, expected at 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, this section, and the following: further injury or damage; 2. The danger to life and property due to flooding or erosion damage; and the effect of such damage on current and future owners; community; tol lower risk offlooding or erosion; development; floodplain management program for the area; vehicles; the site; and electrical and water systems, streets and bridges. H. CONDITIONS FOR ISSUANCE OF VARIANCES. Variances shall bei issued only upon: 1. Submission by the applicant, ofas showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision oft this section or the required elevation standards; a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create: nuisances, cause fraud on or victimization of the public or conflict with existing local laws and C. The variance is the minimum necessary, considering the flood hazard, to afford 2. Determination by the City Council that: ordinances; and relief; 19 3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office oft the Clerk oft the Court in such al manner thatitappears in the 4. Ift the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and chain oftitle oft the affected parcel ofland; and property. 4.05.07 VIOLATIONS A. VIOLATIONS. Any development that is not within the scope of the Florida Building Code but that is regulated by this section that is performed without an issued permit, that is in conflict with an issued permit, ort that does not fully comply with this section, shall be deemed a violation oft this section. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this section or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. B. AUTHORITY. For development that is not within the scope of the Florida Building Code but that is regulated by this section and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. .U UNLAWFUL CONTINUANCE. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. 4.05.08 FLOOD RESISTANT DEVELOPMENT A. BUILDINGS. AND STRUCTURES. 1. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 4.05.03, paragraph C, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, 20 structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from thel Florida Building Code that are not walled and roofed buildings shall 2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and a. Buildings and structures shalll be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109: and Section 1612 or Florida Building Code, Residential Section R322. b. Minor structures and non-habitable major structures as defined inl F.S.$161.54,shall be designed and constructed to comply with the intent and applicable provisions of comply with the requirements of Section 4.05.14. also located, in whole ori in part, in a flood hazard area: this section and ASCE 24. B. CRITICAL FACILITIES. New critical facilities shall, to the extent feasible, be located outside of the special flood hazard area and outside of the two-tenths of one percent (0.2%) (500-year) floodplain. If documentation is provided that feasible: sites outside oft the special flood hazard and outside of the two-tenths of one percent (0.2%) (500-year) floodplain are not available that satisfy the objectives of a proposed critical facility, then the critical facility shall have the lowest floor or level of dry floodproofing at or above the base flood elevation plus three (3) feet, whichever is higher. C.FLORIDA BUILDING CODE.TECHNICAL AMENDMENTS. 1. Repetitive flood damage. In the Florida Building Code, definitions for the term "Substantial Damage "s shall be as defined in Section 4.05.01 paragraph H. 2.Cumulative substantial improvement. In the Florida Building Code, definitions for the term "Substantial Improvement" shall be as defined in Section 4.05.01 paragraph 3. Minimum buildingelevations. For all buildings, the minimum elevations of floors, lowestfl oors.dryloodprotng measures.and lowest] horizontal structural members, (1)In flood hazard areas, the base flood elevation plus 1.5 feet or the design (2)In the 0.2% (500-year) flood hazard areas (shaded Zone X), the elevation (3)_In areas outside of the flood hazard area and the 0.2% (500-year) flood 4.1 Enclosures below required elevations for dwellingsinf floorhazard areas. Enclosed areas below the required elevation for one- and two-family dwellings and a.The interior portion of such enclosed areas shall not be partitioned or finished intos separate rooms except forstairwells ramps, and elevators, unlessapartition H. asappropriate to the flood zone, shall be: flood elevation, whichever is higher. specified in Section 4.06.02. hazard area, the elevation specified in Section 4.06.02. townhouses in flood hazard areas shall be limited as follows: isr required by the fire code. 21 b. Where perimeter walls are permitted, the limitation on partitions does not applytol load bearing walls interiort to perimeter wall cawlspaclfoundations Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the 5.E Enclosures below required elevations for buildings other than dwellings in floor hazard areas. Enclosed areas below the required elevation for buildings other than one- and two-family in flood hazard areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is ulimzainggorctraton. required by the firecode. C-TechmicalamendmentstetheFleridaBuldingCede.Residential- Medity-secton-R2Z-by-amending-tne-OHOWAnges-shown-Deng elative-te-the-eRe-ongma-Porda-bHding-cede-anguage-ratneF-tma-any-prior-technica: mendmentsyteLiy. R3222--eVAtIOn-requrements. -Buildings-and-strucures--Rd-hasard-areas-ineluding Hoed-hazard-areas degatdas-auslA.lmsaathvedeiosthueedeorabovethehase RoodelevationplusiSet572mmporthedesgnodeleyation-whicheverishigher: 2-l-areas-efshalow-edig-A0-Zomeg,buldings-amd-strwetures-shal-have-the ewest-eor-neladingbasementyelevated-teaestatyadpacentgrade-e: notless-than-theseptPnumberspeted-Peetmm/OPtReHM-PISZeet610-mmy-er 3--Basementeorsthatarebelowgrndeemalsidesshalbeelewatedtedterabove-base odelevationphs5et#572mmporthedesgaealtoneverishigher: Exeeption-Enelesedarens-below-he-desgr-leodrelevaltion,mclding-basements-with Roorsthatare-motbelwgradeomalises-shalmeethettheregpuirememtsofSetion32222 R32222-Bnelesed-aeasbelow-desga-londelevationbnéesedareas.ineladingeraw: 1-Beused-selesolelyterpakingerveheles,PHeessersterage-TeintentererpOrtion osuch-enelesed-areas-sha-netbepaFitionea-OFHISRE-Rte-separate-rooms-exeept'er stalrwels-amps,andelevater,aunlessapariton-sreg.edbylheirecedecede-Thelmiation on-parttions-dees-netAPPYy-te-eae-beang-walS-ntePerte-permeter-walferawispaee) foundations-Acees-te-enelesesed-areas-Sha-be-the-MRUR-necessaty-te-aHow-for-the parkingor-vehicles-tBage-deopeFlmte-steige-oFmantemance-q.upment-use-m comnection-W-tepremiseststandardexterererdeerorents-te-ReDHAgstaFway-er notlessthan--eett220mmadepHPRHbeSis-motspeceHed: spaces,thatarebelewthedesgr-londelevationshal: elevator). emainderumehanges R32232Flevation-reguirements: 22 -Buldings-and-struclres-erectes-withr-ceasial-hgh-hasardareas-and-Ceastal-A Zomes-shall-be-elevaset-se-thatthe-betom-oFtelowesthonRnta-StNuclure-members swpportingthelowestCO.WAHReekeepionofPlinss,-elmmas-grade-beams andbracing-iselevatevatedtoorabovethethebasellodelevatomphsisiett4572mm)erthe design-Hloodelevatiom,wicheveris-higher. 2.B Basementorsthatarebelwgradeomalsidesareprenbited: 3TheuseOFHHOrStnNctmalswpeotisprebies: 4-Minergrading-andtheplacemenEOFmMnorquaRtitesoHshalbe-permitted-fer landseaping-and-ferdmainsge-puposes-umderamdareum-buldimgramand-er-swpport-ot 5.Walls-and-partitionsemelesimgareas-belewthedesign-loedelevationsha-meetthe R322.34-Wals-below-desgr-loodeelevation-Walis-are-permmitet-below-the-elevated Hoef-previded-thaE-sHCh-waHS-are-motpat-ral-suPPOrtOFtne-DHdng-eF 1-Bectrical-mechamicalamdplwmnimgsystemsempenemtsarenottobemountederer penetrate-threugAwalstmatare-dsgnedto-breakawayumderHod-eadsyand 3-Are-designed-to-break-away-er-ce-apse-witReHt-eausingchapse,disPlacement-eF other-structural-damage-to-the-eleyated-portion-oF-te-buldimg-eF-supperting oundationsystem-Sweh-WaHS,amingandeomnectionssAa-navearesistaneeornet ess-than-10-479-Pay-and-AeE-mOre-than-Zu-pounds-per-square-eott-(958-Pay-as Where-wnd-oadingvaleseseFthiscdeeseexeeed-zu-pounes-persquare-teet958-Pa, as-determined-using-allwable-stress-desig,the-censtruction-decuments-shal include-documentatiompreparedandsealedbyaregistereddesigmprprofessional-that: 41-Thewalls-belewethedesga-lodelevation-havebeendesignedto-colapse#rom a-waterleadlessthanthatwheh-woldoceurdmgthe-base-fleed: 42.Theelevatedpertion-OFthebudingandsuppertingte.dationsystem-nave-been esignedte-withstandsa'winaamdletlontsacingsimaltaneousy enstructura-anduldingcemponents-Water-1eadingvalues-usee hal-be-these-asseiate-W#RtR-desg#-He06--WARG-eadimgvales-shal-be 5-Wallsintendended-te-breakaway-underoed-oadsasspeeiid-m-tem3er4-have-fleed R32235-Bnelesedarea-below-hedesgrloodelewationSadosedareashelew-thedesign oed-elevatien-shaH-De-used-selely-orpaFkangervehees,P.The nterier-pertien-em-oF-such-emcleset-area-sha-ROEDe-paFtitioned-OFRISReA-inte-separate eomsexeeptforstairvels-ramps,amdelevator,uessAparitensequred-by-the-fire cede-Acesste-enelemdosetareassal-sethemiamum-neesarytealow-ortheparkainget vehielestgargedeoplerhmtedstergeorgedfmaintemaneeegwpmeRtuseinncommection-with thepremises-fstandardewterordooorentytothebukdimgtstairway-erelevater) D.TECHNICAL-AMENDMENTSTO-THEFLORIDABUILDINGCODE,BUILDING. AFKangSIabS,poerdeks,patiesaand-walkways. eremegosceAR2235 structureand: 2-Areconstructedwthinsetseremngengorope-atieepor etermed-usingalowablestrestress-design:eF hese-requred-By-this-code. peningsthatmeetthefeimSectem2. 23 Modlily-Section-202-yamendmgthe-elowimgdehnitions-w#halchanges-shewa-being elative-te-the-ORga-Perda-Bwdimgtedede-anguage-ratneF-tmaP-any-proF-techea: SUBSTANTIAL-DMAGE-PamageoFany-org-SHStaine-byastpucture-whereby-the-cest ofresteringthebwddimgorsrNcreteliseeredamagecemdenolldequalorexeed 50%eFthe-marketvaleoftnebuldngOrSERicturebelorethedamage-oeeureeurred.-Theterm se-imeludes-Heed-related-damage-sustaned-by-a-Strueture-e-twe-separate-peeasiens duringaten-yearperodiorwhichtherostofrepairsathelimedreehsweheedeventzon verage-eguals-orekces-25W-oFN-marketvaledFthesruclure-belore-the-damage SUBSTANTIALIPROVEMENT-Any-cembmatieefrepal,FetenstruetieR.TenabHaton, terationraddteeFmprovementeratOFADHAgOFSEFMEHre-tHINEPa omeyeurperes,liesm.eseNayaereseaokaflemarketvaleat hebuldingorstrueurebeforetheimprovementorreparssaned-foreach-budimnger structure,theene-yearpereeDe-begisontmedatedateoFtRestpermtSSed-OFnt oFrepair-oFthat-bulngorstructure-subseguemtto-ay-14,2016-Fthe-struclure-has incurred ubstanta-damagepai-r-e-cemserat-sabsiantial-improvement regardlesseftheactua-repairwofkperiermed-FReterm-dees-etmoweyetineldeether (-Any-prejeet-eoF-mprovementeRtOFA-buNdmg-regRe-te-crRetect-ewisting-health, sanitayorsalelycosevonationsidentifedlylmebuldimgelalamdthataretheminimum (-Any-alerationFa-sSOReSENucureprowded-aedtealeaten-wl-motpreehude-the Modily-section-16iz-byadtingtREOHOWAng-WiParchangessnoWA-begrelative-te-the erigina-Porida-BuidimgCodelamgugeratherhanaypriertechncalamendmentby-the Modity-section-16124yaaimgtnelalelelbwimg-whalehalehangesahowseingrelativeto.the rgima-Forida-bu4timgcedelamgugeFaHheFHHRAYechnea-amendmentbythe 16124-3-Additina-requrements"ereneleseset-area5-#8tne-regurements-e: ASCE24enclesedareashelowahedesgrlendelevationstionshalmetbepartiteartitienederinished nto-separate-roomsexeeptiorstalirwels,Famps-antrelevaters,mless-requred-By-the-re 1612-44-Blevatievation-requrementS--SPetat#908-azrdareas-exeeptierthe0.296-500- year)-loed-hazardarea-thad.omeme-tmeminimumeevationregarementsshalbeas speelled-H-ASCE29Febase-lodelevatops-mmWwhichever-s igher-SeawardefthecastalconstPuetORCONEHRimamelevatien-requrement hal-beasspeelied-nAsCE24-Secioom309perbulaingsamdsirvclresshal-beelevated sethatthe-bettomsFthelowest-honsentalsincturememberswpertimgetingthelowesteor: With-the-exeeptionoFPHangS-Plecap5,celmsaRt-bFaeing-Seelevated-t-er abevethe-base-loselleotelevationpeet5)-WAeReneverS-higher. E-TECHNICALAMENDMENTSTOTHEFLORIDABUILDINGCODE,EMISTINGBUILDING: mendmenebyReLIyA eccurred. eessayoassuresalelvimgcenditions: structure'scontinued-desigmatiOn-aSA-hIStOFiestructure. Gity: City code. 24 Modp-sSecton-202-y-omendng-the/plewmg-1ePmiemtes-w#r-dl-changes-show-being relative-te-#he-ORe-oPgna-Poride-F#Hdig-code-amguege-ratneF-EAA-GRY-PHOF-tehne: SUBSFANTIAL-DAMAGE-FoPme-Pupese-GFdeteraiaing-complance-Wi-the-ood ProvisionsoFthis-escode,damageofanyorgisisaneyASPNEHe-whereby-the-ceste resteringthebuleingorstrncturete'eteltsbeforedamagescomdtion-wonkeikd-equalerexeeed 509ofthe-marketvaleofthebuldingorstrncturebelorethedamageoceurred-Theterm alse-imeludes-Hed-related-damage-sustaimed-by-a-strueture-en-twe-separate-peeasiens uringaten-yearperioorwhehteecostofrepalrsatneimeo'eaehsuch-oedeventom averagerequalsor-ed:259coF4he-markewaedFhesruclurebeie-before-the-damage SUBSTANTIAL-MPROVEMENT-POrthepurpese-ordeterminageompHance-With-the-t00d ProViSIOnS-OFthscede,anycombinatienetrepal,Fecenstictien,rehabiation,aiteration, ddton,OF-otheimprovement-eFa-bHdgerStPNEure-taking-Paee-durnga-one-year Pered-h-smhaivecestesNa-ersoKaFNe-makeE-valedie bulldingor-SPucure-belore-the-improvementePrepalstared-oreeach-buldinger structure,theomeyearperbebegmsensentedaeofMeHFtpertssuedorimprovement oFrepairoFthat-bulaimgorsrucuree-sabseguento-M4/14,2016-F4he-structure-has ineurred "Substantial-damge-any-repairs-are-comsidered-substantial-imprevement regardlessoftheactualrepairworkperformed-Phetemdeesmothowever,-ineldeeither (-Any-prejpet-teer-improvementeRtdFa-bukdimg-reg-to-corectect-ewsting-health, aMlapyersaltyendevahmsiemsyehalamgalcmdhatarethemhnimum )-Any-alteration-dFa-hisioresinNesFuctureprowae-aedtealeration-wi-netprechude-the amendmenebytheCie: eccurred. evessayioassuresalelsvimgcemitions: strueturescentinuetdesignati0asA-StePestrueture. 4.05.09 SUBDIVISIONS A. MINIMUM REQUIREMENTS. Subdivision proposals, including proposals for manufactured home parks and 1. Such proposals are consistent with the need to minimize flood damage and will be 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,adequate drainage paths shall be provided to guide floodwaters around and away subdivisions, shall be reviewed to determine that: reasonably safe from flooding; and from proposed structures. B. SUBDIVISION PLATS. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: 25 1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; 2. Where the subdivision has more than fifty(50) lots ori is larger than five_(5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 4.05.04, subparagraph B.1.; and 3. Compliance with the site improvement and utilities requirements of Section 4.05.10. 4.05.10 SITE MPROVEMENTS, UTILITIES AND LIMITATIONS A. NEW DEVELOPMENT. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall bej provided to guide floodwaters around and away reasonably safe from flooding; and from proposed structures. B. SANITARY SEWAGE FACILITIES. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment: and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. .W WATER SUPPLY FACILITIES. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. D. LIMITATIONS ON SITES IN REGULATORY FLOODWAYS. Nod development, including butr notlimited to site improvements, and land disturbingactivity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 4.05.04, subparagraph C.1. demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. E. LIMITATIONS ON PLACEMENT OF FILL. Subject to the limitations oft this cnaptersection: 1. Fill shall be designed tol be stable under conditions of floodingi including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. 26 2. Ifi intended to support buildings and structures (Zone A/AE only), fill shall comply 3. Compensatory storage (excavation) shall be provided based on a volume for volume basis when fill is placed in flood hazard areas landward of the coastal construction control line, including two-tenths ofone percent (0.2%) (500-year) flood hazard areas (shaded Zone X), above the normal high groundwater table elevation and below the base flood elevation. The first twelve, (12)_inches of fill placed above the historic, natural elevation oft the parcel is exempt from this requirement. In addition, the fill contained within a stem wall foundation built in compliance with the Florida Building Code is exempt from this requirement. The Floodplain Administrator may reduce or waive the compensatory fill requirement based on site specific conditions and local drainage that demonstrate that the development will have no more than a minimal effect on floodwater storage and will not divert floodwaters onto with the requirements of the Florida Building Code. adjacent property. F. LIMITATIONS ON SITESIN COASTAL HIGH HAZARD AREAS (ZONE V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 4.05.04, subparagraph C.4. demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 4.05.14, subparagraph H.3. 4.05.11 MANUFACTURED HOMES A. INSTALLATION. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. S 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this section. Iflocated seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. B. LIMITATIONS ON INSTALLATION IN FLOODWAYS. New installations of manufactured homes shall not be permitted in floodways. .F FOUNDATIONS. All new manufactured homes and replacement manufactured homes installed in flood 1. In flood hazard areas (Zone A/AE) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this chaptersection. Foundations for manufactured homes subject to paragraph G. oft this section are permitted to be reinforced piers or 2. Inc coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this hazard areas shall be installed on permanent, reinforced foundations that: other foundation elements of at least equivalent strength. chaptersection. 27 D. ANCHORING. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods ofanchoring include, but are not limited to, use ofover-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. E. ELEVATION. Manufactured homes that are placed, replaced, or substantially improved shall comply with paragraph F. or paragraph G. ofthis section, as applicable. F. GENERAL ELEVATION REQUIREMENT. Unless subject to the requirements of paragraph G. of this section, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside ofa manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d)i in an existing manufactured home park ors subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone. A/AE) or Section R322.3 G. ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME Manufactured homes that are not subject to paragraph F. of this section, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame oft the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section 2. Bottom oft the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than forty-eight (48) inches in height above Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such enclosed areas, as Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment: and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the (Zone V). PARKS AND SUBDIVISIONS. R322.2 (Zone A/AE) or Section R322.3 (Zone V); or grade. H. Enclosures. applicable to the flood hazard area. LU Utility equipment. flood hazard area. 28 4.05.12 RECREATIONAL VEHICLES AND PARK TRAILERS A. TEMPORARY PLACEMENT. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall havea a plan for removal in case of a threat at least four (4) hours prior to the arrival of the threat 1. Be on the site for fewer than one. hundred eighty (180) consecutive days; or 2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments and shall: such as additions, rooms, stairs, decks and porches. B. LIMITATIONS ON PLACEMENT IN COASTAL HIGH HAZARD AREAS (ZONE V). Limitations on placement in coastal high hazard areas (Zone V). New placement of recreational vehicles shall not be permitted in coastal high hazard areas (Zone V). C. PERMANENT PLACEMENT. manufactured homes. 4.05.13 TANKS Recreational vehicles and park trailers that do not meet the limitations in paragraph B. of this section for temporary placement shall meet the requirements of Section 4.05.11 for A. UNDERGROUND TANKS. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse orl lateral movement resulting from hydrodynamic and hydrostatic loads during conditions oft the design flood, including the effects ofl buoyancy assuming the tanki is empty. B. ABOVE-GROUND TANKS, NOT ELEVATED. Above-ground tanks that do not meet the elevation requirements of paragraph C. ofthis 1. Be permitted in flood hazard areas (Zone A/AE) other than coastal high hazard areas, provided the tanks are: anchored or otherwise designed and constructed toj prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty section shall: and the effects of flood-borne debris. C.A ABOVE-GROUND TANKS, ELEVATED. 2. Not be permitted in coastal high hazard areas (Zone V). Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements oft the applicable flood hazard area. 29 D. TANKS INLETS AND VENTS. Tanki inlets, fill openings, outlets and vents shall be: 1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents oft the tanks during conditions of the 2. Anchored toj prevent lateral movement: resulting from hydrodynamic: and hydrostatic loads, including the effects ofl buoyancy, during conditions of the design flood. design flood; and 4.05.14 OTHER DEVELOPMENT A. GENERAL REQUIREMENTS FOR OTHER DEVELOPMENT. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this section or the Florida Building Code, 2. Meet the limitations of Section 4.05.10, paragraph D. if located in a regulated 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design 5. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to thej provisions ofthe electrical partofbuilding shall: 1. Bel located and constructed to minimize flood damage; floodway; flood; 4. Be constructed of flood damage-resistant materials; and code for wet locations. B. FENCES IN REGULATED FLOODWAYS. Fences ini regulated floodways that have thej potential tol block thej passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 4.05.10, C. RETAINING WALLS, SIDEWALKS AND DRIVEWAYS IN REGULATED FLOODWAYS. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 4.05.10, paragraph D. D. ROADS AND WATERCOURSE CROSSINGS INI REGULATED FLOODWAYS. paragraph D. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one (1) side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 4.05.10, paragraph D. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 4.05.04, subparagraph C.3. E. CONCRETE SLABS. In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or 30 adjacent to buildings and structures provided the concrete slabs are designed and 1. Structurally independent of the foundation system oft the building or structure; 2. Frangible and not reinforced, sO as to minimize debris during flooding that is capable constructed tol be: ofc causing significant damage to any structure; and 3. Have a maximum slab thickness of not more than four (4) inches. F. DECKS AND PATIOS IN COASTAL HIGH HAZARD AREAS (ZONEV V). Ina addition to the requirements oft the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the 1. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. 2. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent 3. Adeck or patio that has a vertical thickness of more than twelve (12)inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection thatwould increase damage tot thel building or structure ort toa adjacent 4. Adeck or patio that has a vertical thickness of twelve (12) inches or less and thati is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup following: buildings and structures. buildings and structures. and wave reflection. G. OTHER DEVELOPMENT IN COASTAL HIGH HAZARD AREAS (ZONE V). Inc coastal high hazard areas, development activities other than buildings and structures shall be permitted onlyifalsoa authorized by the appropriate federal, state orl local authority; iflocated outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but 1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control are not limited to: structures; 31 2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise 3. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled function to avoid obstruction of floodwaters; and systems or mound systems. Inc coastal high hazard areas: H. NONSTRUCTURAL FILLI IN COASTAL HIGH HAZARD AREAS (ZONE V). 1.N Minor grading and the placement of minor quantities of nonstructural fill shall be permitted forlandscaping and for drainage purposes under and around buildings. 2. Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall bej permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings 3. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach- dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. and structures. SECTION 2. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in City of Mexico Beach. This ordinance shall apply to all applications for development submitted on or after the effective date of this ordinance. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. Itis the intent of the City Council that the provisions of this ordinance shall become and be made a part of the Mexico Beach Land Development Code, and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article,' , "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 4. REPEAL OF CONFLICTING PROVISIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 5. SEVERABILITY. 32 Ifany section, subsection, sentence, clause or phrase oft this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part sO declared. SECTION 6. SCRIVENER'S ERRORS. The City Attorney may correct any scrivener's errors found in this Ordinance, without public hearing, by filing a corrected copy of the Ordinance with the Clerk. A scrivener's error may not include an amendment that changes the context or meaning of the Ordinance. SECTION 7. ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately. PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Mexico Beach, Florida, this 8th day of October, 2024. CITY OF MEXICO BEACH Richard Wolff, Mayor ATTEST: Tammy Brunson, City Clerk *In this Ordinance, language added to an existing section is printed in underscored type, and language deleted is printed in SHUCKthrougn-ype. 33 Mexico Beach Monthly Financial Report - August 2024 REVENUES: Taxes Ad Valorem. Taxes Franchise Fees Utility Taxes Communication: Services Tax Gas Tax State Revenue Sharing, Licenses &F Permits Building Permits Fines &F Forfeitures Interest Income Impact Fees Other Governmental Revenue Charges for Services Miscellaneous Revenue/Other: Sources Totals: EXPENDITURES Elected Officials City Administrator City Clerk Legal Development: Services General Government Police Fire Code Enforcement General Maintenance Roads & Streets Canal Vehicle Maintenance Parks & Recreation Debt Service TOTAL EXPENDITURES Sewer Department General Fund Budgeted Current Month YTDF Received %F Received 3,672,242 112,580 97,396 26,780 80,000 205,080 39,840 202,800 13,260 205,000 30,000 576,450 48,568 398,441 5,708,437 63,995 158,426 166,075 254,079 102,889 426,302. 938,263 1,398,840 87,528 348,027 553,787 303,433 156,844 344,952 0 5,303,441 Budgeted Revenue Current Month 1,913,160 Budgeted Expenditures Current Month 1,913,160 Budgeted Revenue Current Month 1,241,629 Budgeted Expenditures Current Month 1,241,629 Budgeted Revenue Current Month 644,418 Budgeted Expenditures Current Month 644,418 3,737,921 179,304 114,194 30,614 222,527 294,324 70,635 102,320 5,847 399,139 83,145 318,870 66,873 270,679 5,896,391 55,986 156,052 116,910 96,203 80,527 481,246 993,124 1,310,810 78,183 164,000 295,870 191,831 115,650 495,547 0 4,631,936 1,499,887 891,531 1,329,917 946,081 652,226 535,124 101.79% 159.27% 117.25% 114.32% 278.16% 143.52% 177.30% 50.45% 44.09% 194.70% 277.15% 55.32% 137.699 67.93% 91.97% %5 Spent 87.49% 98.50% 70.40% 37.869 78.27% 112.89% 105.85% 93.71% 89.32% 47.12% 53.43% 63.22% 73.74% 143.66% 87.34% %0 Collected 78.40% %5 Spent 46.60% % Collected 107.11% %5 Spent 76.20% %0 Collected 101.21% %S Spent 83.04% 24,354 12,604 4,126 7,431 47,552 5,022 18,702 816 35,642 3,615 69,743 6,566 4,713 240,887 4,525 1,382 8,302 7,390 0 42,053 145,534 62,999 5,840 11,768 22,341 (577) 8,288 27,005 0 346,850 139,131 65,515 137,527 159,729 63,865 53,650 Budgeted Current Month YIDE Expenditures YTD Revenue YTDE Expenditures YTDF Revenue YTDE Expenditures YTDF Revenue YTD Expenditures Water Department Sanitation Department