2013-07 ORDINANCE NO. 2013-07
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY
CODE OF THE CITY OF AVENTURA BY REVISING DIVISION 2, "FLOOD DAMAGE
PREVENTION", OF ARTICLE IV., "FLOODS", OF CHAPTER 30 "ENVIRONMENT"
OF THE CITY CODE; ADDING LANGUAGE REGARDING THE INTENT AND
PURPOSE; ADDING DEFINITIONS; ADDING A SEVERABILITY CLAUSE; ADDING
ADMINISTRATION PROVISIONS AND DELETING PROVISIONS FOR FLOOD
HAZARD REDUCTION IN V ZONES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Flood
Damage Prevention provisions to ensure compliance with the National Flood Insurance
Program and to ensure compliance with the 2010 Florida Building Code; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the actions set forth in this
Ordinance and has determined that such actions are in the best interests of the public
health, safety and welfare of its citizens.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Division 2, "Flood Damage Prevention", of Article IV., "Floods" of
Chapter 30, "Environment", of the City Code is hereby revised as follows':
"Chapter 30, Environment"
"Article IV., Floods"
"Division 2 — Flood Damage Prevention"
Section 30-162. - Intent and Purpose
It is the purpose of this division to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
1 Underlined text indicates proposed additions to the City Code; stricken-through text indicates proposed
deletions from existing City Code text._
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Page 2
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction or substantial improvement;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion or flood
damage, and;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands.
This ordinance is intended to be administered and enforced in conjunction with the provisions of
the Florida Building Code, as amended from time to time.
Section 30-164. - Definitions.
In construing the provisions of this division, where the context will permit and no definition is
provided herein, the definitions provided in F.S. Ch. 403, as may be amended from time to time, and
in the rules and regulations promulgated thereunder, as may be amended from time to time, shall
apply. The following words and phrases when used in this division shall have the meanings ascribed
to them in this section.
Floodway shall mean the channel of a river or other riverine watercourse and the adiacent 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.
Highest Adjacent Grade shall mean the highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Start of Construction shall mean the date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of issuance.
The actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles or the construction of columns. Permanent construction does not include land
Ordinance No. 2013-07
Page 3
preparation (such as clearing, grading or filling), the installation of streets and walkways, excavation
for a basement, footings, piers or foundations, the erection of temporary forms or the installation of
accessory 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
of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
Section 30-165. - General provisions.
(a) Lands to which this division applies. This division shall apply to all areas of the City.
(i) Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this article is declared unconstitutional by the final and valid judgment or
decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall
not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this article.
Section 30-166. -Administration.
(a) Designation of local administrator. The City Manager : _- -- •- : - :_e•'
hereby designates the Community Development Director as the Floodplain Administrator to
administer and implement the provisions of this division. Whenever the term City Manager is used in
this division, it is intended to include any designee. The Floodplain Administrator may delegate
performance of certain duties to other employees.
(1) Application stage.
e. Description of the extent to which any watercourse, swamp, marsh, lake, or pond will be altered,
relocated, or created as result of proposed construction, including evidence that the carrying
capacity of any such altered or relocated watercourses will be maintained; and
I. In A zones, in the absence of FEMA Base Flood Elevation data and floodway data, other
available data may be considered as the basis for elevating residential structures to or above base
flood level, and for floodproofinq or elevating nonresidential structures to or above base flood level.
m. Within AE zones without a designated floodwav, new development shall not be permitted unless
it is demonstrated that the cumulative effect of all past and projected development will not increase
the base flood elevation by more than one (1)foot.
n. In a regulatory floodwav, any encroachment is prohibited which would cause any increase in the
base flood level unless hydrologic and hydraulic analyses prove that the proposed encroachment
will not increase flood levels during the base flood discharge.
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Section 30-167. - Provisions for flood hazard reduction.
(a) General standards. In all areas of special flood hazard the following provisions are required:
•- - •-_- - -- " " " -- • :•-.," - - - '--- - - - -- - - - •
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a. The structure is located so as not to cause collapse, displacement, or
event;
feet);and-
-
(d) Standards for Subdivision Proposals
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the City Code of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective upon
passage by the City Commission on second reading.
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The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel and upon
being put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Howard Weinberg yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Howard Weinberg, who
moved its adoption on second reading. This motion was seconded by Vice Mayor
Stern, and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Howard Weinberg yes
Commissioner Teri Holzberg absent
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
PASSED on first reading this 4th day of June, 2013.
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PASSED AND ADOPTED on second reading this 9th day of July, 2013.
24-(Ze ;
usan Gottlieb, Mayor
ATTEST:j `�,�,
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ESA M. SRO, , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICI,E'fVY:
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CITY ATTORNEY