Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 7, 2014
January 7, 2014 - Regular Meeting
Agenda Item #24

Floodplain Ordinance 13-39


Contact and/or Presenter Information

Sandy Tudor, CFM, Floodplain Investigator

941-748-4501, ext. 3843

Action Requested
Motion to adopt Floodplain Ordinance 13-39 and adopt, by reference, the Flood Insurance Rate Maps and Flood Insurance Study for Manatee County, Florida, and Incorporated Areas dated March 17, 2014.

Enabling/Regulating Authority

Florida Statutes Section 125.01 and 553.73(5)

Title 44 of Code of Federal Regulations Sections 59-79

Background Discussion

Second public hearing for this item.

Re-write of Manatee County Floodplain Ordinance 89-10, as revised and codified in Manatee County's Code of Ordinances, Chapter 2-10 Article II. Floodplain Management.

During a Community Assistance Visit November 10, 2011, by the Florida State Floodplain Management Office, deficiencies were discovered in the county's current ordinance. The county was given time to update the ordinance for compliance.

The Building and Development Services Department updated the ordinance and was preparing to present to the Board of County Commissioners in 2012 when the Florida State Floodplain Office requested that the county wait for the Florida Model Ordinance which was forthcoming.  Final version of the Florida Model Ordinance was received January 15, 2013.

This ordinance is to be a companion to the 2010 Florida Building Code which has incorporated flood resistant construction standards.

To add language that has the potential of earning 70 additional credit points in the Community Rating System (CRS). As a participant of the Community Rating System, Manatee County is currently a Class 5 with 2,627 credit points, which gives citizens in the Special Flood Hazard Area (Zones starting with A or V) a 25% discount on their flood insurance premiums and a 10% discount in the non-Special Flood Hazard Area (Zone X). To attain the next class, 373 credit points are required.

  • Section 2-10-21(c)(1)(A) Agreement to Limitations in Flood Hazard Areas. Applications for elevated buildings in flood hazard areas shall include a statement of agreement which shall be recorded with the Manatee County Clerk of Circuit Court stating the following: (i) There shall be no additional finishes, partition walls, plumbing fixtures, air conditioning, or electrical devices except as necessary for safety, installed below the design flood elevation; (ii) Enclosed areas below the design flood elevation shall only be used for vehicle parking, limited storage of yard maintenance equipment or to provide the minimum necessary entry access to the first living level above. (This form has been required per policy. It was reviewed and modified in February 2011 upon direction by Maureen Sikora, Deputy County Attorney.)  This is worth 50 points in the CRS if it is codified in the ordinance.
  • Section 2-10-22. Definitions.
    Adding to the definition of substantial damage: "The term also includes flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred." By adding this to the definition, owners of properties that have experienced flood losses repetitively will qualify for Increased Cost of Compliance insurance coverage for repetitive losses. This is an additional $30,000 above the flood insurance claim to bring the building into compliance with Manatee County floodplain ordinance.  This is worth 20 points in the CRS if codified in the ordinance.

Added language to "substantial improvement", tracking permits for a period measured from the date of the permit application to a date 12 months following the issuance of the Certificate of Occupancy to prevent "phasing", one permit after another by which a legally non-conforming structure, in essence, exceeds 50% the market value of the structure before the first permit. This has previously been done by policy.

Added the definition of "substantial demolition".  FEMA, as recently as 2000, has cited Manatee County as not be in compliance with our ordinance by allowing excessive demolition of a building being altered and deemed the work a substantial improvement.  This is designed to calculate the amount of the building being removed and not allowing demolition down to one wall and the slab.  This has been done by policy.

The Flood Insurance Rate Maps (FIRMs) and the Flood Insurance Study for Manatee County, Florida, and the Incorporated Areas, dated March 17, 2014, will be adopted by reference.  This is a required condition of continued eligibility in the National Flood Insurance Program (NFIP).

Staff recommends approval.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Send a signed copy of Ordinance 13-39 to State of Florida Secretary of State and Municipal Code Corporation.

Please forward a signed and stamped document to Sandy Tudor, CFM, Floodplain Investigator, Building & Development Services Department (sandy.tudor@mymanatee.org).

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Floodplain Ord RLS 13-179.pdf
Attachment:  Bradenton Herald 12-20-13.pdf
Attachment:  Herald Tribune 12-20-13.pdf
Attachment:  ORDINANCE 13-39 FINAL 1-2-14.pdf