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Ordinance No. 2022-05 Repealing and Replacing Code Chapter 30 Relating to Floodplain Management Regulations - February 1, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-05 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING AND REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Aventura (the "City") and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Aventura was accepted for participation in the National Flood Insurance Program ("NFIP") on October 22, 1997; and WHEREAS, the City Commission desires to update its flood regulations under Article IV, "Floods," of Chapter 30 of the City Code to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary to continue participation in the NFIP; and WHEREAS, the City Commission previously adopted prior to July 1 , 2010 requirements to (a) require accumulation of costs of improvements and repairs of buildings, based on issued building permits over a one (1) year or five (5) year period depending on flood zone; and (b) limit partitioning of and access to enclosed areas below elevated buildings and, pursuant to Chapter 8 Article III of the Miami-Dade County Code and section 553.73(5), F. S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Commission is adopting a change to require accumulation of costs of improvements and repairs of buildings in all flood zones based on building permits issued over a five (5) year period for the purpose of participating in the National City of Aventura Ordinance No. 2022-05 Flood Insurance Program's Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code-land WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations with the Florida Building Code and that the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:' Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. Repeal and Replacement. That Article IV, "Floods," of Chapter 30 of the Code of Ordinances of the City of Aventura, Florida, is hereby repealed in its entirety as set forth in Exhibit "A," attached hereto and incorporated herein, and replaced as set forth in Exhibit "B," attached hereto and incorporated herein. 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 be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by strikethrough. Page 2 of 44 City of Aventura Ordinance No. 2022-05 Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Absent Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on second reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Absent Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes Page 3 of 44 City of Aventura Ordinance No. 2022-05 PASSED on first reading on this 4th day of January, 2022. PASSED AND ADOPTED on second reading on this 1 st day of February, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVA MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: I '? � I z CITY ATTORNEY Page 4 of 44 City of Aventura Ordinance No. 2022-05 EXHIBIT A Exhibit A Page 5 of 44 City of Aventura Ordinance No. 2022-05 Chapter 30 — Environment ARTICLE IV. — FLOODS DIVISION 1. GENERALLY. V Seotiens 30 121 30_160. - Reserved. DIVISION 2. FLOOD DAMAGE PREVENT! Sectien 30 161. Sta-tutery authority and legislative pilings (a)The Legislature not the State has in C.C. Gh. 166 and Gh 1. 6`2�va granrted autherity anresponsibility to IGGal governmental units, inC idino the City, a—QavFi�v vvcrTmT �n�rco�rT health,regulations designed to prernete the publiG and general as welfare, well as to ardent development regulations nnntrnlling the use of land (b) The fleed hazard areas of the Gity are subjeGt W periediG inundation whiGh results in loss of life and property, health and safety hazards disruption of Gommerne anil 0 0 governmental extraordinary publiG expenditures for fleed preteGtien and 0 relief, and impairment of the tax all of whiGh adversely affeGt the publiG base, e safety and neneralwelfare. CadSII FriE reases On fleed heightsv�Gtes and by the E)GG� �i nn in flnnrl ha areas by uses heights�� to floods er hazardous tenth lands hinGhhare 0 0 SeEtien `2}(�1,_16`� intent . iti the purpose of this division r nrmmetethe p blio health, safet�iccy--and-geeTn�cr�T welfare and to minimize publiG and private lesses due to fleed Genditions on speGifiG area-s byprovisions designed to• health, safety and property due to water er erosion hazards er whinh result in damaging innreases in erosion or 0 in fleed heights er yelnoities• 0 (2) Require that uses vulnerable to floods, inGluding faGilities whiGh serve SuGh uses-, be PFGteGted against fleed darnage at the tirne of initial GenstruGtien er substa im nt• 0 ( ) Control the allteratioin of natural fleedplains, streaTm Gh els and natural pretentiye harriers which are involved in the aGGommedation of floor•! waters; filling,(4) Control dredging and other development whiGh mall grading, erosion er flood o e (5) Prevent er regulate the GenstruGtien of fleed barriers whiGh will unnaturally div flood waters or which e fleed hazards to other lands This division is intended te be administered and enfarGed on GenjunGtien with the r�rn�iisinns of the Florida Building Code as amended f�.rrtirne-to time. Cer�tinn 2-o 163 Objectives Th�bjeE of division ore: (1) Te nroteGt hi Oman life and health; (2) Te minimise e-penditi ire of p bliG money for mostly fleed Gentrel nroieGts 0 Exhibit A Page 6 of 44 .r I FA-Vj=■ I UZC- AMMONIUM ff r I � 1 MMA .r .r WA � WON- milk I � � � • II City of Aventura Ordinance No. 2022-05 Developmenter permit means any building nerd ni �y ff 1mit,subdivision approval, 0 )GertifiGatmen0 SpeGmal 0 of the City haying the effeGt of permitting the development of IanC foil,Elevated building means a non basement building built to have the lowest elevated above the ground level by means of solid fei indatmen perimeter walls, pilings, Gelumns (pests and piers) er shear walls Fleer•1 er flnnr/i�nollll meo�ggeen�ero�d temporary n8nditmen n�ar�l E)� nemplete inundation of normally dray land areas from: /1\ The ever-flew of streams rovers er other inland water• er 0 0 0 storms,(2) Abnormally high tidal wat-I G. 11-111,J Geastal waters resulting from severe hUrroGanes or tsi inamis• er (3) The unusual and rapid aGGUMUlatmen of run off of surfaGe water from any SGUrGe. Roodplain Gr flood prone anea means any land area SUSGeptible to being inundated by ater from any seUrne_ 0 Ghanges er adjustments (ether than elevating) W StrUGtUres whiGh reduGe or eliminate 0 property,fleed darnage to real estate er.rnpreved real water supply and sanitary sewage faGilities Fleedpreefing inGludes by way of not 0 0 and their illustration, limitation, the following measure-s- (1) 4nGherage to resist flotation and lateral moveme(2) Installation of watertight nt deers, bulkheads, and shutters, or similar methods 0 nenstn Gtien to preteGt against winds wave aGtien er fleed waters o f /Q\ Reinforcement of walls to resist water pressures-. paints, membranes, walls.er mortars to redUGe seepage of water through (5) Addition of moss nr�nyeight to stri Gti gyres to resist flotation (6) Installation of pumps to lower water levels in stri Gti Tres (7) GenStWGtmen of water supply and wastewater treatment and disposal systems to prevent the entranGe er infiltration of fleed waters (8) GenStWGtmen to resist rupture OF GGIlapse Gaused by water pressure er flooding (9) Installation of valves Gr Gentrels of sanitary and sterm drains whiGh will permit the draruma to be Gleseed to prevent backup of sewage and ste-mTrwates intG the buildings OF StFUGW-es. Gravity draining of basements may be ZI by eGhanoGal devises "` "m equipment, i n aimanner Gh will 1�sure they are not s ujeGt W fIGGtc..on p r�rc vrac preteGtien from inundation by the hose fleet /'I1\ Gate any stri GtUre sage foniliti�#nr ehe�Gals explosives buoyant P-r� cc-arr�acruc �.r -agc-ruczrr vr- r.�� -rv�rvca matermals flammable liquids er other teXmG materials whiGh GE)uld be haz-a.rdeuss tA- 0 pi blip health, #et�y�welfare in a manner whTGh will assure faGilities are situated at elevations above the height aSSOGmated with the regulate-ry PrOteGtion elevation er are adequately fleedpreefed to prevent flotation of sterage tnvin materials into flood waters Cloodwov shall mean to ehannel of a rover er other riverine waterGe arse and the caTrTrTccrrr urrrTcrvr�rnvcrvr- crrrr�vra�c �r�a-rrcr-crra. adjaGent land areas that must be reserved n order to diSGharge the base fleed withou G M latiyely inGreasing the water surfaGe eleyatien more than one feet Exhibit A Page 8 of 44 11 Sr- 11 . 11 ROM -00 •r - - - r r - - - .r r ■- r - - - - - - - - - - - Mrma- I rMAN STI SA 1/ - - - - -- A AAA 1 WOMEN @l- • 1A AAA r A - r AlpCur— Lei MM WORM 1111M.M.1.11110 MITI .MA - . amemns 1pw r • I � r r r r I ■ • ♦ • I I � r r r r 1 1011111111111 11 11 10. 11011 ■ • .r A A 100-1111-01 MIN •� I .r v potAAA MINNOW AN All Ao MA Trz= ILM ffiffli APO- MW 1 • r r r 1 City of Aventura Ordinance No. 2022-05 may delegate perfnrmanne of Certain duties to other employees Manager'sfor GenstrUGting er substantially 0 . strUGture shall be made to the Manager en forms furnished by the City aGtiVities, and may inGlude, but not be Immited te, the following plans drawn W SGale showing the nature, IGGatmen, dimensions, and elevations of the area in , llestmeT, existing or proposed str.rrlUGture? earthen fster irof materials or following information is required: /1\ /1 nnlinatinn stage a Elevation On relatmen to n GVD of the proposer) lowest flnr�r, the lowest , sl IrfaGe of any heating er air nnndi+inning d Gt work installed below the Inums+ floor, er the lowest horizontal supporting member in a Geas+al high hazard area (V Zene), proposed buildings of all roosed bildings or substantial improvements;l I , h Eleya�n in r��n to nI(_\/n whiGh any proposed building er substan+ial A. �GGff TITT-r TT �T�Y� ITTi.TrG1lTRG1T im ycriT of InGated in a Geastaa�g„ hazard area (V zene) will be ff��rr��,,.,,��,,.,,�� rev rcca—rrrcr �rcrcurca—ar"`^ �� TT fleedp eater r` Signed sealed Ger Gate separate from submittedgiac from o .�.�"�y��cc, �ccrrcca—ccr r ,�"separate�Tvrr� TTTrr "`" r'�`^��"�Tvrrr-cr registered prefessional engineer er arGhiteGt that the fleedpreefed building will meet the fleedpreefing nri+eria in this dmymsinn , d Signed sealed per Gate separate from submitted piano from a ate---.Signed,�,cc��ccrrcca—ccr r��`"'separate submitted``"" fir'' ``^^�'��`"'�Tvrrr-cr registered p�ssrininal engineer or arGhTiteGt that a new er substantially impreyed building Innated in the nnas+al high hazard area (\L7nne) �niill meet the nnnstwGtinn s+andardS Gnntained in sentien 30 16:7/G\• , e. DeSGript' n of the extetto whiGh any teFGC)Ilrse swamp marsh r , , �lake�nvr pond will he altered) relnnoted er Greaten as result of proposer) nnnstrl lotion , , , waterGOurses will he maintained; and f nes�p�n of Mine extent and depth f proposed fill and the � T�a.� F Tr-vr � rc.TTr�-arTcra"f" ca�lTrrarTc+- relatien to nI(_\/n of the ton sl IrfaGe of the foil; and gg. DeSGrptioin of thetype, exten+�depth of proposed eXGavatmenT n relatto NGVD; h. Plet plan WSGa illustrating e illstratingthe IGGatmens of all proposed GenstrrwGtmeTI�P-, evnayatting and other assents of the development , i Copy of the proposed stermwater management report and fleedplain stl d y if any, Gmm�lete with +eGhniGal supporting data i Grading and drainage plans U. I�Tequest, stermwater management plans. 1. in A zenee? Onrthe ahseGe of FEMA base fle d eleya��a� data, gi other available data may he ennssidered as the bases forelevating rresodentmal StrUGtUres to er abode base flood level, and r fleedpreefing nr elevating nonresidential strl IGtl Tres to or abode base flood) level m. WTthmnAEzeneT without a designated , w development shal�onti be permitted I�`sssit is demooTnstrrated ttheGU Ulatirrve ee-f eft of all past and prejeGted development will not inGrease the base flood) elevation h�i more than one feet Exhibit A Page 13 of 44 �iijjjliiilm 11 � � i 14 OW ■ I 11 1 r r 1.M- .I IN —410-M- 0. =W.Mgr.r.r. i Nor. 1I �r r � �r 1 I r r � �r r r 1 • ♦ � I • I I City of Aventura Ordinance No. 2022-05 /Q\ Verify and rev+nrd the aGtl Ial elevation (in relation to nI(_VD) of the lowest floor of all new er substantially improved buildings in ov+� danGe with sev+�n Q(1_ an�r..�tl�rr� rr9--rrrtp-rvP ,err-ac rcrurrc�wTcrr�cc rrv� 1 67/�' Cp7CT) ��,, ,� I +',, I ,+,, +,, +,, }�,, �T��TeC�rr�lhe actual elevation relation to �I�)tohiG the new E) ss lbstan-tialI�v improved buildings ho� beene vato�J..�-vr flvedpreef in aGGE)rdanGe with seGtinn 30_167/h\/2\ (5) in Geastal high hazard ar---, permittees to provide Ger-tifiGatmen from a registered professional engineer or aFGhmteGt that the building is designed apd eGGTely anGhereed to—adequately anGhered gJOFGGl1 ITS TT7s Ion Qer4e wothstand velGGmty waters and hurriGane wave wash, on GOFnplmanGe with seGtm (6) in Geastal high hazard areas, the City Manager shall review plans for adequaGy of breakaway walls in aGGGrdanGe with seGtmen 30 167(G)( 2), /Q\ and (10) (7) When fleedprGefing is utilized for a partmGUlar building, the City Manager shall ��,, tt optamn GertFGatmen from a rpp r gtered professional Ir engineer er areh �rcc aGGE)rdanGe w0th this do vision " (8) The nffiv+e of the City Manager shall serve as the nffmGmal mop repository for CEnn4 Fleed insuranGe Rate Maps, fleed boundary and fleedway maps (�f-� and fleed hazard boundary mops for the v+nmml Initw together with letters of mop , amendment /I OM s\ and letters of map revision ( �(p MRs) 4t least one nnpw of all Current and superseded maps, LO IAs and LOt Rs shoullrl be maintained frvr publin use and viewing (9) All reGE)rds pertaining to the provisions of this division shall be Maintained On the onfTGe of thI.r--City Manager and shall for publin inspeCtion Copies of all development permits and surnmary supporting dOGUrnentatmen shall be filed-by gengraphiG area for ease of v+nnrdinating all fleedploin development aGtilvities �deGtmen 30 167 Provisions for fl hazard e�n. (a) General standards. in all areas of speGmal fleed hazard the following provisions are StrUGtmen and substantial improvements shall be anGhered to preven flotation, GIIapII ps er lateral movementTlt e StcruF.tUre. (2) ManufaGtUred hernes shall be anGhered to prevent flotation, GGlIapse, er lateral mnly� e� � � r�Il life hl It ore not Iimited to Ilse of never_ rrrv� "��y ��`^7 � �rzcrc-ar�rrvc-rrmrcccrcv,�vrvvcr the-top er frame to-es to ground nGhnrs This standard shall he in addition to anit vro�lro� al�rr rr -cma nnnsistent with appliGahle State requirements for resisting wind fames (3) rAreGenJtWr`�n and substee�I improvements shall he Genstrlleted with c rr-ar�.ra�rr}� resistant � + + �I�, �nurr�a.. rrscra ..�vrrm materials and utility equipment equipment resistant to fle . and praaGtiGes that minimize flood damage „, Sac werk, and other-servfee faGilities shallhe d igneiJ aniVOF InGated so as to prevent r wate from within theGOmpenrents during Genditions of flooding. (6) New and replaGement water suppiy systems shall be designed to minimize or ellmmo Tal�fftra tern Onto the system (7) New and replaGernent sanitary sewage systerns shall be designed to minimize er ellmmo TaL�fftratfGlT of�d waters Onto the systerns an�?nGhhar�s from the Exhibit A TT Page 15 of 44 L . MOM r. I .491 Jim MIMTIMMI of 1 I .r � City of Aventura Ordinance No. 2022-05 passage of water, and use StrUGtUral GE)Fnpenents having the Gapability of resistmag hrrya�estatmG and hydredynamin leads and the a eGtoff h�i�.,�n,yannyi A register �� profess ional ecnnnc rcr-er ar�rteGt shall Ceti y that the standards o this subseGtmen are satisfied. SUGh GertifiGatmen shall be provided to the GffmGmal as set forth in seGtmen 30 16:6(G)( l) (3) Elevated buildings. NeW GenStrUGtmen or substantial improvements of elevated buildings that inGlude fully endesed areas formed by foundation and other exter[Gr walls belew the base fleed elevation shall be designed to predude finished liviag spaGe��and dshall he designed to allew for-the entry and exit of floodwaters to a,,tomatinally equalize hydrestatmG fleed forGes en exterior walls a. Designs f�Gr OrnplY^nwithrthis requirement must either be Gertified by-a professional engineer er arGhiteGt er moot the following minima rn Griteria• 'I Preymde a miniim a rn of " openings n walls or deers) having a tetal net are l of not than ne are square for every s square feet of endeseA area s, bjeGt to flooding• �7 `1 , ghee bettern of all openings shell he ne higher than one feet above grade, • ap,d- 3. Openings may be equipped with SGreerFs�vers�,l,��ether , , Eoverings er de + they permit the a uteratmG flGW Of floodwaters in ,both dirertinns r��T�� b.AGGess to the-endesed-area shall be the minimum ncGescsarry to aIIn for parking of vehiGles (garage deer) er Immited storage of maintenanGe equipment used in nonneGtmen with the premises (standard exterior doer) or entry to the living area (staipeiay er eleyater) G. The interior portion of s, Gh endJed area not he partitioned er finished ��rrrr..�vrrrc�rrv-r�ci crr ca-ur -arrrrvc�c�arrrrrvrr�rrca into separate reerns d. Use Of SUGh enGesed-a-reaa shall be Immited-te parking, stom- a and building asc;c;ess.. (4) AAanufadured homes and renreational vehinles a. All man''faGtUred hernes plaGed within the City must meet all the en permanent foundation systems, elevation and annhering At minimum a I , , ppermanent f anti yst aIi-1 ee �� rvc�c estitute �einfeMeed ppierspiersla}ceca-�-�o�in poured footings, erret} h r foundation elementseuivaalennt strength. y Glse be Gors dn idereew-F.onstruGtto must therefore and re GE)mpI� i the reg,�irements of this division inoli ding elevation requirements. , h All reu eat,enal vehicles plaEed en sites either ATIT T 1. Be fully ITEensed��ready for highway use, er 2 The reGreaatmenal vehGle must meet the requirements for new z:-ri��rc rrar-� �rra�-i��, cc�urr �vT-rr�r GenStrUGtmen, ino1a id„diTuarng-aarnrohering and elevation requirements of this doyosion arv-r..rrvrr rA-rreGretatmenal vehiGFe-OS ready for highway use if it isms wheels er JaGking systern, iis attaGhed to the site en1y by nuiGk dmSGrn�neGti-type 'utilities and seG Urity devises and has ne permanently attached str, Gt,gyres reg ireme it of seGtmen 30 167/h\ provided the following criteria are met: , Exhibit A Page 17 of 44 City of Aventura Ordinance No. 2022-05 ca. The StFUGture is not used fnr hi Oman habitation, Gli id n � y a rei ing Gc_a n �rext�eogrina.�-reds of time; � 7 `^" h The stri GtUre 1s designed and GenStri�nf�e as to have a low potential fnr A�7�i.TCTa TiT�ncct-a-nct- rrscracc -crr potential darnage a fleed (e.g., fusing fleed resistant materials as providea--,-r; FEM TreeGhniGall oulletn #88_2 and any subsequent revisions rtheret� 0 G. The StrUGtUre shall be IGGated se as to effer the minimurn resmstanGe to the flew of floodwaters (e n parallel o stream pern�+GUlor to t�� on\• c �" �ti-c�-,�arcrrrcr cr�urr-rP�P rar �� d The strUGtUre is firmly anGhered preyentflotationr, per seGtmen '2(1_167(a)/'I\• a., /ri��,.Ircrac ,,,., �., vrcct-p��pcprr�gv_,.._ }�, e. All etectriGa�s�fGe�heater C.� I"li 'g equipment,''ent, and other McGuarni al er eleGtriGal equipment iselevated e the base elevation, er is fleedpreefed. One_g fault interrUpt GFrGUmt may he installed below the base flood elevatmen, and all GenStrUGtmen below that elevatmen shall be of flood resistant materials (6) Temporary StFUGtures. Certain types Of StFUGtUres •o fruit stands, GenstruGtmen site Ge�,,$) ,may he sited temporarily on property without having to onmply With the we }etQi �ta�aor�Jara� raeF.t�E1n G:7/o\ nr theeF vat�onrsrt standard of seGtmernr 30 167/h\o provided the following nriteria are met ac. The StrUGture is mobile OF Gan he matte so, and Gapohl ofbefnIn from rthe sotee- w0 h a minima rn of 36 hours warning b.The rtrUGturee deer no have on approval to remain enr the property fnr more than 180 dais G. TheeaappppliGantsuhmits a plan for the oval of the StcFUGture Gentaining the following rhea rnentatmen- 1. The e poi name, address, phone numberraannd ernergennGy GntaGt point of the T i ndiyid gal responsible freer the removal of the StcrUGture-. 2 The �atwi+eh the StrUGture will be removed (i.e a minimum of 72 hours in adyanGe of the prejeGted landfall of a hUrrmGane) 2 4 Ger'Y of as Gentraot er other suitable instrument with a tri�Gki ng Cem y v�� rrcraG Tv r� crurrrcrrc-vrrcrrcrcra to ensure the availability of r eyal of the Doti ire when needed together crcrccai�w�rrcrr-rrccacc�cv�ccrr w0ththe name, address, andemergenGy phone number of the responsible tri inking G/nmpan/��/i)yay�ge runt /��yy� y� �/� 4.Deisignationr , aGGE77 fpafrr OrUrnentatmen (e.g., eg , signed/ ensent of the property per\ate to outside City to "v�rhriGh the tGGcrUGture will be moved. . 5. Signatures oppI�ifee,nt�pp miner n��rieh the tcruGture will be pplr a�G ni and owner of the StrUGture, agreeing to abode by the terms of the removal plan A temporary development permit shall be issued when a temporary StruGture approved, and theexpiration date shall be GF orly marked en the face of thee pierm�rhic original GePY ofrthe removal plan shall be to the permit, and the dOGUrnentatmen shall be kept en firrnie On the City Manager's "T�4 GE)PY i f e of the permit together with the rernB��aa p I plan, shall he providedy the owner"ems'f to the Innal emergennY management nnnrdmnatnr (e)--Reserved (d) Standards for subdivision proposals. /'I\�ubdiyision proposals shall he Gensistent with the to minimize ra�riurr�� rr�rrcGTr-wTcrr �rnrnrrrr darn age; Exhibit A Page 18 of 44 City of Aventura Ordinance No. 2022-05 (2) All subdivision proposals shall have publiG utilities and faGilities SUGh as sewer, gasgas eleEtr+c-al and water—systems Ineateid and Gens+r, Gted to minimize flood , �--aTra--vrac"� "7"cGTT �0 CG�UITC� TTiJCTU �ITfT"f1TTTG�C! dam (3) II sub division proposals shall have adequate drainage provided to reduce evnnsure to flee d hazards, and; ( Ro\m se fleedelevation and flee d hazard area mapping shall be provided aGGE)r�Ge w+tthms idiyisinn for s b divi colso�other _rpe re aevolopme4h+� eater tha scar of F(1 Into nr fi�io o�� f f "" (5) The base flood hnunidary, flee dway andler V zene boundary of appIlGahle and the APpliGahle hose flood elevation for the building site eaGh let he glea y marked en all re e�h,diyision plats he they fnr residential, gnmmernial nr rrrGlTTCccr-vrranT GGT �� ar rrcraTcvrrrrrTar rcr{�Tvr i nrn dust ri a I�e_ Cegtlnn 30 168 Variances (a, The City Commission shall hear and ids a requests fnr yarionGes from the r�rr�nuir-rT��r `1 �arrcrrT �rvrrr- reg,�irements of this idivisinn (b) Any persenn aggrieved by the denisicr�e n of the City (ems inn mo�i or�peal rich denisv en to the GmrGUit Court os On the Florid Ri ales n Appellate Dnveedure. deteYcr�at�en that proposed repai� rehabilitation will not pre side the mimin to preservethe histe♦TGeharaEter and design ofStrUGtuFe. (d) in p i _ . q SUGh requests, the City Commission shall Gensider a!! teGhniGal eval ,`',,I ,,atom I�T s, aeI ��F ant} -Fasters, all standards s cncifrcd on other—seGtfernrs of this rdivisinn, id an • (1) The danger that materials may be swept ente other lands to the injury of others; r\ The danger t8 life and property due to flooding er eresmen idomone• the effegt of s,ugh damage en the individual owner; (4\ The imper anGe of the SerVees provided bithe proposed aC to the- dependent fagility; , , forthe proposed use; , (8\ T� Thre relationship of proposed use t8 the GOMpreh a plan and flee dnlain management program for that area ,• (9) The safety of aGGess to the property On times of fleed for ordinary and ernergenc;y yehigles• (10) The expeGtedeints, ve!C)G ty duTat�erns rate of rise and sediment transport of the fleed waters and the effeGtS of wave aGtion, of appliGable, at the site; and /'I 1\ The of providing governmental services during and after flee as sewer, gas, elegtrigal, andwater systems, andan streets andhriidges Exhibit A Page 19 of 44 City of Aventura Ordinance No. 2022-05 (e) Upen GOnsideratmen of the faGtGrS ImSted above, and the purposes of this division, the City Commission may attaGh SUGh eendit+o s to the granting of variances as deems nenessary to further the purposes of this division (f) Conditions for variances: (1\ \�-vanan-rees shall nnly he issued i�nr apen as determination that the vsrr�iaurnGe is she minima rn necessary, eAnsidering Aed hazard, to afford relief; and in rrirnirrturrrTrc ar� rr..rrcr ��y card -urrvrcrT �r-ana-rrr- building, a determinatiGn that the varmanGe is the minimum necessary se as not to destroy the histnriG GharaGter and design of the b uildinn (` ) Variances shall only he issued unnn• a. A showin g of geedand SUmG.ent Gause hardship;b. A deterfflonatmen that failure to grant the varmanGe would result on eXGeptie an it G. A determination that the granting of a varmanGe will not result fle heights, additionalthreats to n��h�a IpliG safety, extraordinary ni ihIin expense,_ create ni msanne ee�ise fraud en nr Vintimizatmen of� ni b"G nr eAnflint with «rrar�arrc� cmTrrca rrvr � vr- rrrrrcrvrrm existing Innal lamas nr ordinannes (3\ 4n7pPp'lTiGanr to whom o yarionee is granted shall be given written evtmGe speGifying the differenGe between the base fleed elevation and the elevation to whiGh the building is to be built and stating that the GE)St of fleed insuranGe will be GOMmensurate with the inGreased risk resulting from the redUGed lowest fl nvat celeivor�v-arrr. P\ T� _r_heCityManager hall maintain ��ennrrds of all yariannes and report an u�rrarrr rr- ccvraa cca�arta-T variances to the Federal RmergenGy Management Agennv i ipnn request. CeGtlnn 3- 169 Administrative anneals requirement,(a) The City Commission shall hear and deGide appeals when it is alleged there is deGismen or determination made by the City Manager administration of this doyosinn (b) Any persenn aggrieved--by the denisicr..rrvrn of the City Gernmissinn mo�i onneG�aGh denisv en to lttl�� wit Court, n�a in ��CTorido Ri iles n pppeNute o FC)eedure. (G) The City Manager shall maintain the reGGrds of all appeal aGtions Under this seGtOE)n. Qentinn 30 170 Repeal of nnnflinting nreyisinns All provisions of the iJ�Metropoli de County as made applieehle to the City by aFtiGle o seGtmen 8.03 of the City Charter whiGh are on GE)nfloGt with this division are hereby repealed Exhibit A Page 20 of 44 City of Aventura Ordinance No. 2022-05 EXHIBIT B Exhibit B Page 21 of 44 City of Aventura Ordinance No. 2022-05 Chapter 30 — Environment ARTICLE IV. — FLOODS DIVISION 1 — FLOODPLAIN MANAGEMENT ADMINISTRATION. Section 30-121 . - General. (a) Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Aventura. (b) Scope. The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; 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; installation or replacement of tanks;; installation of swimming pools; and any other development. (c) Intent. The purposes of this article 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 of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of 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 flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for City participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. Exhibit B Page 22 of 44 City of Aventura Ordinance No. 2022-05 (d) Coordination with the Florida Building Code. This article 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 the Florida Building Code. (e)Warning. The degree of flood protection required by this article and the Florida Building Code, as amended by the City, 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 article 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 by the Federal Emergency Management Agency, requiring the City to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article. (f) Disclaimer of Liability. This article shall not create liability on the part of the City, the City Commission, or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. Section 30-122. -Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings shown in this section. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Accessory structure means a non-habitable, garage or storage building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building, but pertaining to the use of the main building. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "l00-year flood" or the "l-percent-annual chance flood." Base flood elevation (BFE) means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum Exhibit B Page 23 of 44 City of Aventura Ordinance No. 2022-05 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Coastal A Zone means an area within a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 '/2 feet (457 mm). The inland limit of the Coastal A Zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the City. Coastal construction control line means the line established by the State of Florida pursuant to section 161 .053, F.S., and recorded in the official records of the City, 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 conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area 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 T Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. Design flood means the. The flood associated with the greater of the following two areas: (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the City'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 of 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 2 feet. Development means 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 disturbing activities. Exhibit B Page 24 of 44 City of Aventura Ordinance No. 2022-05 Existing building and existing structure means any buildings and structures for which the "start of construction" commenced before September 29, 1972. Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials mean any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the City's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the City on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this article (may be referred to as the Floodplain Manager). Floodplain development permit or approval means an official document or certificate issued by the City, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Florida Building Code means 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 Code, Plumbing; Florida Building Code, Fuel Gas. Exhibit B Page 25 of 44 City of Aventura Ordinance No. 2022-05 Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adiacent grade means the. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) 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 area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a 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 City's floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment 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, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Lowest floor means 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 not built so as to render the structure in violation of the non- elevation requirements of the Florida Building Code or ASCE 24. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other Exhibit B Page 26 of 44 City of Aventura Ordinance No. 2022-05 improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures. Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. Start of construction means 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 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building 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 preparation (such as clearing, grading, or filling), the installation of streets or 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. Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a five year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted after February 15, 2021 . If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. Exhibit B Page 27 of 44 City of Aventura Ordinance No. 2022-05 (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. (3) Repairs for damage from any origin which are determined to be less than substantial damage. Variance means a grant of relief from the requirements of this article, 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 article or the Florida Building Code. Section 30-123. - Applicability. (a) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (b) Areas to which this article applies. This article shall apply to all areas of the City of Aventura. (c) Basis for establishing flood hazard areas. The Flood Insurance Study for Miami- Dade County, Florida and Incorporated Areas dated September 11 , 2009, 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 a part of this article 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 Aventura Government Center, 19200 West Country Club Drive. (d) Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law. (e) Abrogation and greater restrictions. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is 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 article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article. (f) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Section 30-124. - Duties and Powers of the Floodplain Administrator. Exhibit B Page 28 of 44 City of Aventura Ordinance No. 2022-05 (a) Designation. The City Manager's designee shall serve as the City's Floodplain Administrator. The City's Floodplain Administrator shall be a certified floodplain manager and shall maintain floodplain management certification at all times while serving as the City's Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees provided such employees obtain and maintain certified floodplain manger certification from the Association of State Floodplain Managers, Inc. (b) General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this article. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article 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 article without the granting of a variance pursuant to Section 30-128 of this article. (c) Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the City, shall- (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this article; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue development permits 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 article is demonstrated, or disapprove the same in the event of noncompliance; and (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 article. (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 Exhibit B Page 29 of 44 City of Aventura Ordinance No. 2022-05 improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (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 of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (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 applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; and (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 article is required. (e) Modifications of the strict application of the requirements of the Florida Building Code. 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 of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 30-128 of this article. (f) 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 chapter. (q) Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 30-127 of this article for development that is not subject to the Florida 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 for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 30-124(d) of this article. (2) 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 Exhibit B Page 30 of 44 City of Aventura Ordinance No. 2022-05 change base flood elevations, or flood hazard area boundaries; such submissions shall be made within 6 months of such data becoming available. (3) Review required design certifications and documentation of elevations specified by this article and the Florida Building Code to determine that such certifications and documentations are complete. (4) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. (5) 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." (h) 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 public inspection all records that are necessary for the administration of this article and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the 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 article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the City of Aventura Government Center, 19200 West Country Club Drive. Section 30-125. - Permits. (a) Permits required. Any applicant who intends to undertake any development activity within the scope of this article, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall make application to the City 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 article 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 article for any development activities not subject to the requirements of the Florida Building Code, 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 permit is required in addition to a building Exhibit B Page 31 of 44 City of Aventura Ordinance No. 2022-05 permit. (c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits 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 are subject to the requirements of this article: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (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 section 366.02, F.S., 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 but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps (d) Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the City. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) 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 definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Section 30-126 of this article. (5) State the valuation of the proposed work. Exhibit B Page 32 of 44 City of Aventura Ordinance No. 2022-05 (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. (e) Validity of permit or approval. The issuance of a floodplain development permit pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance of the City. 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) Expiration. A floodplain development permit shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. (q) Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this article or any other ordinance, regulation or requirement of the City. (h) Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The South Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381 .0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161 .041 , F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161 .055, F.S. (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; Section 404 of the Clean Water Act. (6) Federal permits and approvals. Section 30-126. - Site Plans and Construction Documents. (a) Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas and flood zone(s), base flood elevation(s), and Exhibit B Page 33 of 44 City of Aventura Ordinance No. 2022-05 ground elevations if necessary for review of the proposed development. (2) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; (3) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (4) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (5) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (6) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this article. (b) Additional analyses and certifications. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), the applicant shall have an engineering analysis that demonstrates the proposed alteration will not increase the potential for flood damage. The analysis shall be signed and sealed by a Florida licensed engineer and submitted with the site plan and construction documents. (c) 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 of Map Change from FEMA to change the base flood elevations 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 format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Section 30-127. - Inspections. (a) General. Development for which a floodplain development permit is required shall be subject to inspection. (b) Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits. Exhibit B Page 34 of 44 City of Aventura Ordinance No. 2022-05 (c) Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this article and the conditions of issued floodplain development permits. (d) Buildings, structures and facilities exempt from the Florida Building Code, 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 the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor. (e) Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of 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 documentations shall be prepared as specified in Section 30- 127(d) of this article. Section 30-128. - Variance and Appeals. (a) General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to section 553.73(5), F.S., the City Commission 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 of the Florida Building Code, Building. (b) Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this article. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. (c) Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 30-128(f) of this article, the conditions of issuance set forth in Section 30-128(g) of this article, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article. (d) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a 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 Exhibit B Page 35 of 44 City of Aventura Ordinance No. 2022-05 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 of the Florida Building Code. (e) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the variance is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (f) Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the City; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (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, electrical and water systems, streets and bridges. (q) Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards; (2) Determination by the City Commission that: Exhibit B Page 36 of 44 City of Aventura Ordinance No. 2022-05 (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable, provided however that increased costs to satisfy the requirements of this article 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 ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If 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 property. Section 30-129. - Violations. (a) Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. 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 article 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 article 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. (c) 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. Exhibit B Page 37 of 44 City of Aventura Ordinance No. 2022-05 (c) Penalties for violation. 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 under Section 2-343 of the City Code. Each day such violation continues shall be considered a separate offense. Nothing contained herein shall prevent the floodplain administrator from taking such other lawful actions as are necessary to prevent or remedy any violation. DIVISION 2. - FLOOD RESISTANT DEVELOPMENT Section 30-141 . - Buildings and Structures. (a) Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 30-125(c) of this article, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, 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 the Florida Buildinq Code that are not walled and roofed buildings shall comply with the requirements of Section 30-147 of this article. (b) 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 also located, in whole or in part, in a flood hazard area: Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Buildinq Code, Buildinq Section 3109 and Section 1612 or Florida Buildinq Code, Residential Section R322. Minor structures and non-habitable major structures as defined in section 161 .54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. (c) Specific methods of construction and requirements. Pursuant to Chapter 8 Article III of the Miami-Dade County Code, the following specific methods of construction and requirements apply: (1) Elevation of buildings. For all buildings and structures, the minimum elevation requirements are the elevations specified in the Florida Building Code or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. (2) Cumulative Substantial Improvement. In the Florida Building Code, Building and Florida Building Code, Existing Building, definitions for the term "Substantial Improvement" shall be as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any combination of repair, reconstruction, rehabilitation, alteration, addition or Exhibit B Page 38 of 44 City of Aventura Ordinance No. 2022-05 improvement of a building or structure taking place during a five year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building is permitted after January 15, 2021 . If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions; (b) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure; (c) Repairs for damage from any origin which are determined to be less than substantial damage. (3) Limitations on Enclosures Under Elevated Buildings and Dwellings. Enclosed areas shall: (a) have the minimum necessary access to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the elevated building (stairway or elevator); and (b) not have the interior portion partitioned or finished into separate rooms except for stairwells, ramps and elevators, unless partitions are required by the fire code; and c) in coastal high hazard areas, be enclosed by insect screening or open lattice. . The limitation on partitions does not apply to load bearing walls interior to perimeter wall foundations (crawlspaces). (4) Detached accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (b)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (c) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. (d) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot, with Exhibit B Page 39 of 44 City of Aventura Ordinance No. 2022-05 the exception of no more than one switch and one outlet below the base flood elevation if connected to a ground fault interrupt circuit breaker. (5) All buildings and structures shall adhere to the stricter of either the state or federal elevation requirement. (d) Temporary structures. Certain types of structures (e.g., fruit stands, construction-site offices) may be sited temporarily on property for not more than 180 days without having to comply with the anchoring, elevation and other requirements for buildings provided the following criteria are met: (1) The structure is mobile, or can be made so, and is capable of being removed from the site with a minimum of 36 hours warning. (2) The applicant submits a plan for the removal of the structure, containing the following documentation: a. The name, address, phone number and emergency contact point of the individual responsible for the removal of the structure. b. The time at which the structure will be removed (i.e., a minimum of 72 hours in advance of the projected landfall of a hurricane). c. A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal of the structure when needed, together with the name, address, and emergency phone number of the responsible trucking company agent. d. Designation, accompanied by documentation (e.g., signed consent of the Property owner), of a site outside the City to which the structure will be moved. e. Signatures of the applicant, property owner on which the structure will be placed, and owner of the structure, agreeing to abide by the terms of the removal plan. (3) Upon review and approval by the Floodplain Administrator, the permittee shall provide a copy of the permit and removal plan to the local emergency management coordinator. Section 30-142. - Subdivisions. (a) Minimum requirements. Subdivision proposals shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (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; and (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 from proposed structures. Exhibit B Page 40 of 44 City of Aventura Ordinance No. 2022-05 (b) Subdivision plats. Where any portion of proposed subdivisions lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; and (2) Compliance with the site improvement and utilities requirements of Section 30- 143 of this article. Section 30-143. - Site Improvements, Utilities, and Limitations. (a) Minimum requirements. 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 reasonably safe from flooding; (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; and (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 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 Chapter 7 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. (c) 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 placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. (e) Limitations on sites in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, 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 30- 126(b) of this article demonstrates that the proposed alteration will not increase the Exhibit B Page 41 of 44 City of Aventura Ordinance No. 2022-05 potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 30-147(e) of this article. Section 30-144. - Manufactured Homes. Manufactured homes shall(defined in 15C-1 .0101 , Florida Administrative Code) not be permitted in the City. Section 30-145. - Recreational Vehicles and Park Trailers. Recreational vehicles and park trailers shall not be permitted in the City. Section 30-146. - TANKS (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to 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. (b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 30-146(c) of this article shall: Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to 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 and the effects of flood-borne debris. Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. (c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to 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 of the applicable flood hazard area. (d) Tank inlets and vents. Tank 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 of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Section 30-147. - Other Development. (a) General requirements for other development. All development, including man-made Exhibit B Page 42 of 44 City of Aventura Ordinance No. 2022-05 changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (3) Be constructed of flood damage-resistant materials; and (4) 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 the provisions of the electrical part of building code for wet locations. (b) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. (c) Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (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 buildings and structures. (3) A deck 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 Exhibit B Page 43 of 44 City of Aventura Ordinance No. 2022-05 registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that 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 and wave reflection. (d) Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located 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 are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (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 function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. (e) Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones.. In coastal high hazard areas and Coastal A Zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be 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 and structures. (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. Exhibit B Page 44 of 44