HomeMy WebLinkAboutOrdinance No. 10-1993ORDINANCE NO. 10 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 668,
FLOODPLAIN PROTECTION, OF THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 668, Floodplain Protection, of the City
Code of Ordinances is hereby repealed in its entirety and re-
enacted as follows:
CHAPTER 668
FLOODPLAIN PROTECTION
Sec. 668.01 Statement of Purpose and Intent It is the
purpose and intent of this Chapter to protect and restore,
where feasible, the natural functions of floodplains within
the City of Cape Canaveral. It is also the intent of this
Chapter to apply the following standards for development
within all areas covered by the one hundred -year floodplain.
Sec. 668.03 Definitions For the purposes of this Chapter,
the following terms pertain and are defined as follows:
Agricultural Pursuits Activities related to cultivating
the soil and producing crops.
Best Management Practices Those practices as developed
and recommended by the U.S. Department of Agriculture, Florida
Department of Agriculture, or other appropriate agencies.
Development means the carrying out of any building or
mining activity, the making of any material change in the use
or appearance of any structure or land, or the dividing of
land into two or more parcels.
A. The following activities shall be construed to I II
involve development: reconstruction, alteration of the size,
or material change in the external appearance of a structure;,
change in land -use intensity, such as an increase in the
number of units in a structure or on the land, alteration of
a shore or bank of a seacoast, river, stream, lake, pond, or
canal; alteration of the land or vegetation in a floodplain or
flood prone area; drilling, except to obtain soil samples,
mining, or excavation on land; demolition of a structure;
clearing of land, deposit of refuse, solid or liquid waste, or
fill on land.
B. "Development" includes all other development
customarily associated with it unless otherwise specified.
when appropriate to the context, development refers to the act
of developing or to the result of development. Reference to
particular activities is not intended to limit the generality
of the term development.
Firm Maps Flood Insurance Rate Maps published by the
Federal Emergency Management Agency (FEMA).
Floodplain A flood prone area which may or may not have
a hydrological connection to the Banana River Lagoon System.
For purposes of this Chapter, a floodplain means any area
within the 100 -year floodplain as defined below:
City of Cape Canaveral, Florida
Ordinance No. 10 -93
Page 2
Isolated Floodi2lain Any floodplain area which does
not have a direct connection to open water.
One Hundred -Year Floodplain The floodplain that is
at or below the 100 -year flood elevation. The 100 -year
floodplain has given a statistical probability of one in
100 of being flooded in any given year according to the
best available data.
Hazardous Materials Any material defined, listed,
characterized or classified as a hazardous substance,
hazardous waste, or toxic substance according to any of
the following state or Federal codes or regulations:
A. Chapter 38F -41 of the Florida Administrative Code
(the Florida Substance List).
B. Title 40 of the Code of Federal Regulations, Part 261
(Identification and Listing of Hazardous Wastes).
C. Title 40 of the Code of Federal Regulations, Part
302.4 (Designation of Hazardous Substances).
D. Title 40 of the Code of Federal Regulations, Part
355, Appendix A and B (List of Extremely Hazardous
Substances).
A hazardous material, as defined herein, includes any solution
mixture, or formulation containing such materials, and also
includes any material which, due to its chemical or physical
characteristics, is determined by the City Manager to pose a
substantial threat to the life, health, or safety of persons
or property or to the environment.
Forestry The art of application and practice of
controlling the establishment, composition, and growth of
forests through sound management techniques, based upon the
owner's objectives.
Solid Wastes means sludge from a waste treatment works,
water supply treatment plant, or air pollution control
facility; or garbage, rubbish, refuse, or other discarded
material, including solid, liquid, semi - solid, or contained
gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations.
Sec. 668.05 General Provisions All site plans,
subdivision plats, and other development proposals shall be
reviewed by the City Building Official or his designee to
determine their impact upon floodplains. The following
regulations shall apply to development in designated
floodplains:
A. Uses usually permitted in floodplain areas:
1. Agricultural pursuits, including forestry
operations, utilizing Best Management Practices, and
agricultural structures which will not restrict the flow
of flood waters above the 100 -year floodplain elevation;
and
2. Recreation consistent with the requirements of
the floodplain; and
3. Fish and wildlife management; and
4. Open space.
City of Cape Canaveral, Florida
Ordinance No. 10 -93
Page 3
B. Development within floodplains shall not have adverse
impacts upon adjoining properties.
C. All development within floodplains shall be required
to obtain a building permit unless it consists solely of
activities which are excluded form the meaning of the term
"development" as defined above.
D. Development requiring a building permit shall not
cause a net loss in the flood storage capacity of the
floodplain. The provisions of Sec. 664.13.B.3, Performance
Standards, Floodplain Storage and Conveyance, shall also
apply.
E. Floodplain elevations shall be determined utilizing
the best available data, which includes FIRM maps and the
Flood Insurance Studies for Brevard County, Florida and
Unincorporated Areas, April 3, 1989, prepared by FEMA.
F. Development within 100 to 25 -year floodplain shall
not negatively impact other property or the receiving surface
water body quality.
Sec. 668.09 Prohibited Uses
A. New dikes, levees or other structures shall not be
permitted within the 100 -year floodplain unless it can be
demonstrated that they will not restrict the flow of 100 -year
floodwaters. The only exceptions to this provision are
structures shown to have overriding public benefit.
Replacement or repair of non - breached dikes are permitted so
long as such replacement or repair does not change the status
of the floodplain and maintains the existing ability to
utilize the property.
B. Within the 100 -year floodplain, any proposed
expansion of commercial or industrial structures or uses,
including parking areas, shall be consistent with existing
ordinances of Cape Canaveral, Florida.
C. The following specific uses are incompatible with the
floodplain and shall not be permitted:
1. Placing, depositing, or dumping of solid wastes,
including sludge, septage, scallop shells and viscera.
2. Processing, storing or disposal of hazardous
materials.
SECTION 2. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
City of Cape Canaveral, Florida
Ordinance No. 10 -93
Page 4
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Brevard County, Florida, this 15th day of June , 1993
J- acx�Y`iL O— y am__, _ i
J C. Salamone, MAYOR
ATTE
a G. Miller, ISITY CLERK
Approved as to Form:
John/R. Kancilia, CITY ATTORNEY
First Reading: 6/1/93
Posted: 6/5/93
Advertised: 6/5/93
Second Reading; 6/15/93
K
cc: 6/17/93 - Jim Morgan, Building Official; x
Michael Gluskin, Public Works Director:
Municipal Code Corporation
Harold Nantz, Dyer, Riddle, Mills & Precourt
Mr. Bennett Boucher WE COPY
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
SUBJECT: CHAPTER 668, CODE OF ORDINANCES
Dear Bennett:
Per your request, I have reviewed the correspondence which the
City received from the Federal Emergency Management Agency (FEMA)
regarding the subject chapter of the City's Code of Ordinances.
I believe the revision of this chapter per FEMA's comments can be
performed fairly simply. First, since none of the uses allowed
by Section 668.05.A call for a particular density, Section
668.07.A could be deleted. Further, Section 668.07.B could be
moved to Section 668.05 as a separate paragraph, and Section
668.07 done away with entirely.
Next, the implementation of the protection for flood storage
capacity in Section 668.05.D can be handled by an additional
reference to Chapter 664, Stormwater Management (specifically,
Section 664.13.B.3).
The above revisions should take care of the comments contained in
the FEMA letter.
If you have any questions, or desire additional assistance,
please give me a call at (407) 254 -5020.
Very truly yours,
Dy�er Riddle,
Mills and Precourt, Inc.
Harold C. Nantz, P.E.
Project Manager
cc: Mr. Kevin Marlrey, City of Cape Canaveral
Mr. John Vogt, DRMP
7370 CABOT COURT, SUITE 103 • MELBOURNE, FLORIDA 32940 • (407) 2545020 • FAX (407) 2545568
PRINCIPALS: DONALDSON K. BARTON • RUSSELL L. MILLS • REGINALD L TISDALE
CONSULTANTS: WILLIAM B. DYER - AL. PRECOURT • ROBERT A. RIDDLE
0ALANW -JACK VILLE •MELBWRNE •TAWA
Federal Emergency Management Agenia COPY
Region IV
1371 Peachtree Street, NE, Suite 700
Atlanta, GA 30309
R4 -NT May 18, 1993
Mr. Kevin Markey
Reinman, Harrell, Graham, Mitchell and Wattwood
775 E. Merritt Island Causeway, Suite 110
Merritt Island, Florida 32952
Re: Code of Ordinances, Chapter 668
City of Cape Canaveral
Dear Mr. Markey:
Chapter 624 of the Cape Canaveral Code of Ordinances was reviewed
by this office as the primary set of floodplain management
regulations for the community. Our suggestions for minor revisions
were addressed in a letter dated November 17, 1992. Chapter 624,
as revised, is sufficient to continue the city's eligibility in the
National Flood Insurance Program (NFIP) . We apologize for not
including Chapter 668 in that review.
Chapter 668, Floodplain Protection, appears to supplement Chapte--
624 by addressing land uses within the floodplain. This Chap
exceeds the minimum standards of the NFIP by addressing several or
the recommended, not mandatory, policies set forth in Section 60.22
of the NFIP regulations. Of particular significance are the
requirement for "no net loss" of flood storage capacity
(668.06.D.), the prohibitions against processing, storing, or
disposal of hazardous materials and solid wastes, and the
limitation on new dikes or levees. These policies are laudable.
It would appear that Section 668.06.A. limits floodplain uses to
agricultural, open space, and recreation; however, Section
668.07.A. requires development to be consistent with uses and
densities established in the Zoning Regulations. If Chapter 668 is
intended to protect floodplains as open space areas, clearer policy
statements in this regard are necessary. Implementation of the
protection for flood storage capacity also needs to be clarified,
either in Chapter 668, or by reference to stormwater management
regulations set forth elsewhere in the Code of Ordinances.
-2-
We note a number of linkages between Chapter 668 and Chapter 634,
including restatements of Chapter 624 provisions. The proposed
amendments to the definition of "development" ara consistent with
the NFIP minimum requirements.
For further assistance, please contact Steven Randolph, at (404)
853 -4420.
Sincerely,
C. Richard Mayson, ief
Natural Hazards anch, NTHD