§ 54-518. Land development regulations.

(a)

These regulations apply to Development within all Zones delineated on the adopted Flood Insurance Rate Maps (FIRM) and as established by the Local Flood Studies.

(1)

All proposed construction or other new Development, including the placement of Manufactured Homes, shall be required to obtain permits so that a determination can be made as to whether such construction or Development is proposed within an area designated as a Special Flood Hazard Area (SFHA) or a Community Flood Hazard Area (CFHA) and is reasonably safe from Flooding.

(2)

All surveys submitted with permit applications for Development, New Construction, or Substantial Improvements shall indicate the appropriate flood hazard zone and Base Flood Elevation (B.F.E.), and be prepared by a Florida Registered Land Surveyor.

(3)

All proposed Development shall have received all required federal, state and local permits, including permits under Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, prior to issuance of a County building permit.

(b)

Regulations Applicable to Development within Special Flood Hazard Areas (SFHA) Designated on the adopted Flood Insurance Rate Maps (FIRM) and the Local Flood Studies.

(1)

All New Construction, or Substantial Improvements to Existing Structures including the placement of gas and fuel storage tanks, prefabricated buildings and Manufactured Homes shall:

a.

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Be designed and constructed with Flood-Resistant Materials below the Lowest Floor;

c.

Be designed and constructed by methods and practices that minimize Flood damage; and

d.

Be designed with all attendant electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities elevated so as to prevent Floodwater from entering or accumulating within the components during conditions of Flooding, see section 54-517.

(2)

All new subdivisions and other new Development shall:

a.

Be consistent with the need to minimize Flood damage within the Special Flood Hazard Area (SFHA) or Community Flood Hazard Area (CFHA) and be reasonably safe from flooding;

b.

Locate, design, and construct all public utilities and facilities such as sewer, gas, electrical and water systems to minimize Flood damage; and

c.

Provide adequate drainage to reduce exposure to Flood hazards.

(3)

All subdivision proposals and other proposed new Developments greater than either 50 lots or five acres, whichever is lower, within Special Flood Hazard Areas (SFHA) and Community Flood Hazard Areas (CFHA) shall include a determination of the Base Flood Elevation (B.F.E.) prepared by a Florida Registered engineer.

(4)

All new or replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(5)

All new or replacement sanitary sewer systems or portions thereof, shall be designed to minimize or eliminate infiltration of Floodwaters into the systems and discharges from the systems into Floodwaters. All new on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during Flooding, and shall be anchored to prevent flotation, collapse or lateral movement.

(6)

The permittee or applicant of any new or substantially improved Structure shall provide the Floodplain Administrator with the following:

a.

Zones A, A1 through A30, AE, V1 through V30 and VE on the adopted Flood Insurance Rate Maps (FIRM):

1.

If the Structure is located in an A, A1 through A30, or AE Zone as delineated on the adopted Flood Insurance Rate Maps (FIRM) the elevation of the Lowest Floor for all new or substantially improved Structures, whether or not such Structures contain a Basement shall be provided. The said elevation shall be determined by a land surveyor licensed by the State of Florida to certify elevation information in the datum of the effective FIRM, and be submitted on the FEMA Elevation Certificate;

2.

If the Structure is located in a VI through V30, or VE Zone as delineated on the adopted Flood Insurance Rate Maps (FIRM) the elevation of the bottom of the lowest horizontal structural member shall be provided. The said elevation shall be determined by a land surveyor licensed by the State of Florida to certify elevation information in the datum of the effective FIRM , and be submitted on the FEMA Elevation Certificate;

3.

If the Structure located in an A, A1 through A30, or AE Zone as delineated on the adopted Flood Insurance Rate Maps (FIRM) is nonresidential and has been Floodproofed, a Floodproofing Certificate for Nonresidential Structures showing the elevation to which the Structure was Floodproofed shall be provided along with the Flood Emergency Operation Plan and the Inspection and Maintenance Plan.

b.

The Floodplain Administrator shall maintain a record of all information filed pursuant to this Article.

(7)

Any person who alters or relocates a portion of any watercourse shall demonstrate with appropriate calculations that the Flood carrying capacity of the watercourse will be maintained. The State Assistance Office for the National Flood Insurance Program and adjacent communities shall be notified prior to any watercourse alteration or relocation and submit copies of such notifications to the FEMA Region IV office.

(8)

A Federal Emergency Management Agency (FEMA) Elevation Certificate prepared by the appropriate Florida registered land surveyor, or Floodproofing Certificate prepared by a registered engineer or architect shall be required for all New Construction and Substantial Improvements. This certificate shall be submitted to the Sarasota County Planning and Development Services Business Center prior to the final building inspections or the issuance of the Certificate of Occupancy.

(9)

No new construction, substantial improvements or other Development (including fill) as regulated by the Sarasota County Land Development Regulations, as amended, or as regulated by the Sarasota County Earthmoving Ordinance, as amended, shall be permitted within Zones A, A1 through A30, and AE, as delineated on the adopted Flood Insurance Rate Maps (FIRM) or in Special Flood Hazard Areas (SFHA) as delineated in the Local Flood Studies, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the water surface elevation of the Base Flood by:

a.

Providing equivalent compensatory storage for floodwaters in the immediate vicinity of fill within the limits of the Base Flood Elevation (B.F.E.) and the average ground water level.

b.

Providing a minimum 30-foot vegetative buffer landward from top of bank or demonstration through detailed studies certified by a professional engineer that a different buffer will protect the riverine Floodplain functions and that no increase in the Base Flood Elevation (B.F.E.) will result.

(10)

Additional Requirement Applicable to Development Permits in Flood-prone Areas. In addition to all other applicable regulations, no permit for building, mining, dredging, filling, grading, paving, excavation or drilling operations shall be approved within a Special Flood Hazard Area (SFHA) as delineated on the adopted Flood Insurance Rate Maps (FIRM) and the Local Flood Studies unless the applicable regulations of this Article are met.

(11)

In riverine Special Flood Hazard Areas for which B.F.E.s are included and floodways have not been designated, hydraulic analyses that demonstrate, when combined with other existing and anticipated Development, the cumulative effect of the proposed Development, shall not increase the water surface elevation of the Base Flood more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area.

(Ord. No. 2002-013, § 2, 4-24-2002; Ord. No. 2003-085, § 8, 10-8-2003; Ord. No. 2008-084, § 8, 7-8-2008; Ord. No. 2009-024, § 9, 9-22-2009; Ord. No. 2016-043, § 3, 9-7-2016)