Chapter 17.45 FLOODPLAIN REGULATION

Chapter 17.45
FLOODPLAIN REGULATION

Sections:

17.45.010 Findings of fact, purpose and methods.

17.45.050 Provisions for flood hazard reduction.

17.45.010 Findings of fact, purpose and methods.

Naples City elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program, established in the aforesaid act, provides that areas of Naples City having a flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program was broadened and modified with the passage of the Flood Disaster Protection Act of 1973 and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994. The National Flood Insurance Program is administered by the Federal Emergency Management Agency, a component of the U.S. Department of Homeland Security.

(1) Findings of Fact.

(a) The flood hazard areas of Naples City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are created by the cumulative effect of obstructions, severe weather, and undersized crossings of waterways which cause an increase in flood heights and velocities.

(2) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Protect human life and health;

(b) Minimize expenditure of public money for costly flood control projects;

(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) Minimize prolonged business interruptions;

(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(f) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and

(g) Ensure that potential buyers are notified that property is in a flood area.

(3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter uses the following methods:

(a) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Protect the historic and natural waterways from alteration with the exception for uses as parks, walk ways, trails and open space;

(d) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

(e) Control filling, grading, dredging and other development which may increase flood damage;

(f) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. [LUO § 02-10-001.]

17.45.020 General definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Use of acronyms and initials has been limited, but some terms are used so often that acronyms are practical and of assistance to the reader.

BFE – Base Flood Elevation

CBRA – Coastal Barrier Resources Act

CBRS – Coastal Barrier Resources System

CLOMA – Conditional Letter of Map Amendment

CLOMR – Conditional Letter of Map Revision

CLOMR-F – Conditional Letter of Map Revision Based on Fill

CRS – Community Rating System

DHS – U.S. Department of Homeland Security

FDPA – Flood Disaster Protection Act

FEMA – Federal Emergency Management Agency

FHBM – Flood Hazard Boundary Map

FIRA – Flood Insurance Reform Act

FIRM – Flood Insurance Rate Map

FIS – Flood Insurance Study

ICC – Increased Cost of Compliance

LODR – Letter of Determination Review

LOMA – Letter of Map Amendment

LOMC – Letter of Map Change

LOMR – Letter of Map Revision

LOMR-F – Letter of Map Revision Based on Fill

NFIP – National Flood Insurance Program

NFIRA – National Flood Insurance Reform Act

OPA – Otherwise Protected Areas

PMR – Physical Map Revision

RCBAP – Residential Condominium Building Association Policy

SDF – Special Direct Facility

SFHA – Special Flood Hazard Area

SFHDF – Standard Flood Hazard Determination Form

SFIP – Standard Flood Insurance Policy

WYO – Write Your Own

“Area of future-conditions flood hazard” means the land area that would be inundated by the one-percent-annual-chance (100-year) flood based on future-conditions hydrology.

“Area of shallow flooding” means a designated AE zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, the Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, D, VO, or V1-30, VE, V or X. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

“Area of special flood-related erosion hazard” is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the flood hazard boundary map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area; in preparation for publication of the FIRM, Zone E may be further refined.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” is the water surface elevation of the one percent annual chance flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of the Naples areas.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Building. See “Structure.”

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

“Erosion” means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.

“Existing construction” means, for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before May 26, 2011, for Naples City FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.”

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Existing Structures. See “Existing construction.”

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“Flood” or “flooding” means:

(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(i) The unusual and rapid accumulation or runoff of surface waters from any source.

(ii) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b) The collapse or subsidence of land in gulches and along canals and other bodies of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or by some similarly unusual and unforeseeable event which results in flooding.

“Flood elevation determination” means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

“Flood insurance rate map (FIRM)” means an official map of a community, on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

“Flood insurance study” or “flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flood” or “flooding”).

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Floodway encroachment lines” mean the lines marking the limits of floodways on federal, state and local floodplain maps.

“Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic reservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior, or

(ii) Directly by the Secretary of the Interior in states without approved programs.

“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Map” means the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the appropriate agency.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

“New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Naples City FIRM or after May 26, 2011, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

“Recreational vehicle” means a vehicle which is:

(a) Built on a single chassis;

(b) Seven hundred fifty square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulatory floodway/waterway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Special Flood Hazard Area. See “area of special flood hazard.”

“Special hazard area” means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A and the flood insurance rate map refined zones.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any bearing wall, ceiling, floor, or other structural bearing parts of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

“Structure,” for insurance purposes, means:

(a) A building with two or more outside rigid walls and a fully secured roof, which is affixed to a permanent site;

(b) A manufactured home (“a manufactured home,” also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

(c) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.

For the latter purpose, “structure” does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in subsection (c) of this definition, or a gas or liquid storage tank.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(b) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief by the Naples City appeals authority from the terms of a floodplain management regulation.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided.

“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of Naples City. [LUO § 02-10-002.]

17.45.030 General provisions.

(1) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Naples City.

(2) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by Naples City’s engineers and the Federal Emergency Management Agency in a scientific and engineering report entitled, “FEMA Flood Insurance Map for Naples City,” with accompanying Ashley Valley Storm Water Master Plan 2008 (Appendix A to this title), flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.

(3) Establishment of Development Permit. A development permit shall be required to accompany the building permit to ensure conformance with the provisions of this chapter.

(4) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this title and other ordinances of Naples City.

(5) Abrogation and Greater Restrictions. This chapter is not intended to repeal any of Naples City ordinances, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(6) Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements.

(b) Liberally construed in favor of Naples City interpretation.

(7) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Naples City or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under.

(8) Severability. If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the chapter shall not be affected. [LUO § 02-10-003.]

17.45.040 Administration.

(1) Designation of the Floodplain Administrator. The emergency management administrator is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter.

(2) Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(a) Maintain and hold open for public inspection all records, according to GRAMA, pertaining to the provisions of this chapter.

(b) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(d) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies.

(e) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between Naples master plans, a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

(f) Notify adjacent communities and the state coordinating agency, which is the Utah National Flood Coordinator, prior to any alteration or relocation of a river or creek, and submit evidence of such notification to the Federal Emergency Management Agency.

(g) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(h) When base flood elevation data has not been provided, the flood administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from Naples master plans, federal, state or other source, in order to administer the provisions of this chapter.

(i) Negotiate map interpretations and changes in collaboration with both a city-appointed engineer and FEMA.

(j) Notify and collaborate with FEMA when any interpretation or change is made on any map depicting the floodplain area. For example, if the “Potential 100-Year Flood Zones Map” of the Ashley Valley Storm Water Master Plan (2008) is interpreted to be more correct than the FEMA flood insurance map for Naples City, flood insurance rate map or flood boundary-floodway map, then the floodplain administrator will use the more correct map and collaborate with FEMA to amend the incorrect maps.

(3) Permit Procedures. Application for a building or development permit shall be presented to the flood administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

(b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of engineering standards.

(d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;

(e) Maintain a record of all waterway or natural drainage alterations and improvements. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and local engineering standards and the following relevant factors:

(i) The danger to life and property due to flooding or erosion damage;

(ii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iii) The danger that materials may be swept onto other lands to the injury of others;

(iv) The compatibility of the proposed use with existing and anticipated development;

(v) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(vi) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

(vii) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

(viii) The necessity to the facility of a waterfront location, where applicable;

(ix) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(x) The relationship of the proposed use to the comprehensive plan for that area.

(4) Variance Procedures.

(a) The appeal board as established by Naples City shall hear and render judgment on requests for variances from the requirements of this chapter.

(b) The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the flood administrator in the enforcement or administration of this chapter.

(c) Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

(d) The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance.

(e) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in the permit procedures have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(f) Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.

(g) Variances shall not be issued within any designated floodway or waterway.

(h) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(i) Prerequisites for Granting Variances.

(i) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(ii) Variances shall only be issued upon:

(A) Showing a good and sufficient cause;

(B) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(C) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(D) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation;

(E) Supports the Ashley Valley Storm Watter System Master Plan.

(j) Variances may be issued by Naples City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that:

(i) The criteria outlined in subsection (4) of this section are met; and

(ii) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. [LUO § 02-10-004.]

17.45.050 Provisions for flood hazard reduction.

(1) General Standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(d) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and

(g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(2) Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided, the following provisions are required:

(a) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection is satisfied.

(b) Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to least one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.

(3) Standards for Subdivision Proposals.

(a) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall comply with Naples City development policies.

(b) All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet development permit requirements.

(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than 10 lots or five acres, whichever is lesser.

(d) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

(e) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(4) Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class B misdemeanor each day they are out of compliance. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $375.00 for each day they are in violation or imprisoned for not more than 180 days, or both, for each day they are in violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Naples City from taking such other lawful action as is necessary to prevent or remedy any violation.

(5) Certification. It is hereby found and declared by Naples City council that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, it is necessary that this chapter become effective immediately.

Therefore, an emergency is hereby declared to exist, and this chapter, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect after its passage and approval. [LUO § 02-10-005.]