June 18, 2013

FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FRANKLIN COUNTY COURTHOUSE ANNEX JUNE 18, 2013 9:00
AM AGENDA
The Board of County Commissioners asks that all cell phones are turned off or placed on silent (vibrate) mode. If you would like to comment on any matter, when recognized by the Chairman, state your name, sign the speaker log, and please adhere to the 3 minute time limit. If you plan on distributing any handouts (information) to the Commission, please provide a copy to the Clerk for the official records.
9:00 AM
Call to Order Prayer and Pledge Approval of Minutes Payment of County Bills Department Supervisors Report Hubert Chipman Superintendent of Public Works Fonda Davis Solid Waste Director Nikki Millender- Parks & Recreation Pam Brownell- Emergency Management Bill Mahan- Extensions Clay Smallwood- St. George Island Pier Repair Update PUBLIC HEARING- Lanark Re-Zoning: Stephen Cutchen- R-1 to R-2 Ray Brownsworth, Weems CEO- Hospital Update Planning & Zoning Consent Agenda BOA Consent Agenda Marcia M. Johnson- Clerk of Courts- Report Alan Pierce Director of Administrative Services Report Michael Shuler- County Attorney- Report Commissioners and Public Comments Adjourn for Lunch
9:15 AM
9:45 AM 10:00 AM 10:15 AM 10:30 AM 10:45 AM 11:00 AM 11:15 AM 11:30 AM 11:45 AM 12:00 PM
FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FRANKLIN COUNTY COURTHOUSE ANNEX JUNE 4, 2013 9:00 AM MINUTES
Commissioners Present: Cheryl Sanders Chairman, William Massey Vice Chairman, Noah Lockley, Joseph Parrish, Pinki Jackel
Others Present: Marcia Johnson Clerk of Court, Alan Pierce Director of Administrative Services, Michael Shuler County Attorney, Michael Morn Deputy Clerk/Board Secretary
Call to Order (9:00 AM) Chairman Sanders called the Meeting to order.
Prayer and Pledge There was a prayer by Pastor Aaron Batey, of the Carrabelle United Methodist Church. The prayer was followed by the Pledge of Allegiance.
Approval of the Minutes Motion by Lockley, seconded by Massey, to approve the Minutes of the May 21, 2013 Regular Meeting and May 3, 2012 & May 9, 2012 Special Meetings; Motion carried 5-0.
Payment of County Bills Motion by Massey, seconded by Lockley, to approve the payment of the Countys Bills as presented; Motion carried 5-0.
Pastor Aaron Batey - Discussion Chairman Sanders recognized Pastor Aaron Batey, of the Carrabelle United Methodist Church. Pastor Batey discussed a new project called Project 127 that is going on in Carrabelle. He stated that this program is all about a spirit of service to reach out and help those in need in the
FCBOCC Regular Meeting 6/4/2013 Page 2 of 12
community. Pastor Batey asked for volunteers for this project and stated that there will also be a similar project going on in Eastpoint and Apalachicola. Chairman Sanders and Mr. Pierce discussed waiving permit fees for these projects. Motion by Jackel, seconded by Massey, to waive permitting fees associated with Project 127; Motion carried 5-0.
Department Supervisor Report Dewitt Polous Interim Superintendent of Public Works Mr. Polous asked for Board action to purchase a tractor for $68,000.00, which will be paid for from FEMA funds. Motion by Massey, seconded by Parrish, to authorize purchase of tractor; Motion carried 5-0. Mr. Polous stated that the City of Greensboro is asking for parts from any old lawn mowers the County might have available. Chairman Sanders reminded everyone that there is a process for this action and suggested that they charge per pound for the parts, in the same manner as the salvage yard, once it is removed from the inventory. Motion by Massey, seconded by Parrish, to authorize sale of salvage parts to the City of Greensboro; Motion carried 5-0. Commissioner Jackel discussed the No Littering signs that were also discussed at the last Meeting. She asked that a letter be sent to the Sheriff regarding enforcing littering in the County.
Fonda Davis Solid Waste Director Mr. Davis had no items for Board action. Chairman Sanders thanked Mr. Davis for Animal Controls response to complaints at Alligator Point. Commissioner Jackel asked that a private home owner in Eastpoint, who suffered damage during the last storm, is not charged for debris removal.
Nikki Millender Parks & Recreation Mrs. Millender had no items for Board action.
Alan Pierce Report Mr. Pierce presented two items from his report. 8. Ms. Nikki Millender, Parks and Recreation, is in great need of summer help. The TDC had budgeted $5K in the event the county was hosting the state softball tournament. The county did not host the tournament so Ms. Millender would like to use that $5K, plus an additional $2500 if the TDC can find it, so hire two part-time temporary workers to help clean bathrooms on county parks through the summer. It would be a 10 week employment for 29 hours a week, at $10 hour. Board action to request that TDC provide the funds. Board discussed this matter further including use of TDC funds. Motion by Massey, seconded by Lockley, to approve hiring part-time temporary workers to help with beach clean-up throughout the tourist season; Motion carried 5-0. 6. Inform the Board that Commissioner Jackel asked me to investigate the opportunity to get additional energy efficiency funds and it appears the Board will be eligible for funds to replace the energy in-efficient lights at Vrooman Park and D.W. Wilson Park with new energy efficiency lights. The new lighting will equal or improve existing lighting conditions at the ball fields. I have discussed this with Ms. Nikki Millender and she is in agreement that the lights at the ball fields are a large expense in her budget. The lights at Kendrick Park are already energy efficient and do not need replacing. Board action to submit energy efficiency grant. Motion by Parrish, seconded by Jackel, to approve the Energy Efficiency Grant; Motion carried 5-0.
Pam Brownell Emergency Management Director Mrs. Brownell presented her report to the Board. Action Items: Authorize debris removal disposal services contract from Crowder Gulf. Motion by Jackel, seconded by Massey, to authorize debris removal disposal services with Crowder Gulf; Motion carried 5-0. Information Items: 1. All EOC personnel attended the Hurricane Training Exercise in Marianna , Florida on May 29, 2013 2. Pamela Brownell and Tom Durham attended a News Relations meeting in Panama City, Florida on May 30, 2013 hosted by WJHG. 3. Mike Rundell attended the Region 2 meeting in Tallahassee, Florida on May 30, 2013. 4. EOC personnel will participate in a shooter exercise in conjunction with Weems Hospital on June 7, 2013.
Mrs. Brownell stated that the date for the exercise was changed to July 19, 2013. 5. Florida Foundation and Florida Division of Emergency Management will be hosting a workshop on HOW TO SAVE MONEY ON YOUR INSURANCE cost on Wednesday, June 12, 2013 from 5 to 7 pm at the courthouse annex. 6. Hurricane Guides for 2013 have been received and will be pushed out into the community during the coming week. Mrs. Brownell and the Board discussed storm readiness and re-entry tags. Mrs. Brownell discussed Bill Mahans assistance with an appeal for Mosquito Control FEMA funding. Mr. Pierce discussed a letter he wrote regarding aero-spraying in the County.
Bill Mahan County Extension Director Mr. Mahan was not in attendance.
Ray Brownsworth Weems CEO Hospital Update Mr. Brownsworth presented his report. 1. Financial summary The actual April 2013 net profit was $146,024.66 for Weems Combined. April 2012 was $122,960.28. So this is a favorable variance compared to prior year. Cash in the bank for April 2013 is $408,607.97 as compared to $142,311.86 last year for the same month. Year to date for 2013, the net profit is -278,181.26 compared to $182,948.64 for 2012. However, it should be noted that by the same month in 2012 an additional $310,767.78 from the additional cent sales tax for November 2011 to April 2012 was used to supplement non-operation income and thus artificially inflating the net profit. Without this supplement, the April 2012 year to date net profit would have been -$127,819.14. 2. Cash Flow The following table reflects the cash on hand for Weems in bank (the operating, money market, grant and CD accounts). This is presented to show the general stability of our cash on hand, especially in light of recent negative net profit amounts as presented on recent financial reports. In our particular situation, the cash on hand while fluctuating has been generally stable as reflected in the trend line below. I will discuss this more in the board meeting and solicit questions.
Chairman Sanders stated her displeasure with the negative financial numbers and asked that this situation is turned around. 3. HB711 The public hearing for HB711 has been conducted and a compilation of public comments has been provided to the Weems Board of Directors. Prior to the Board meeting data collected for the comparison of Weems and peer hospitals was provided. These peers were based upon like services, demographics, size and other factors. Also provided to the Board of Directors was the hospital valuation provided by Adams consulting group. The valuation of the hospital was determined to be $3,000,000 based on several valuation models. My findings, based on the comparative data, are that based on a broad spectrum of criteria, Weems Memorial Hospital rated comparable to its peers on the average. The hospital Board of Directors voted having met the requirements of HB711 and that the continued public operation of the hospital was in the best interest of the communities served, they unanimously voted to not consider selling or leasing the hospital. We will be posting the decision in appropriate locations as required by HB711 but would likewise appreciate this decision to be recognized as part of the County Commission minutes. 4. Weems Clinic West Renovations A budget number related to the refurbishment of the clinic space next door has been received and is will be reviewed over the next 30-45 days with the Board of Directors as part of their strategic planning effort. As part of this effort, we have received a series of potential costs based upon different intensities of effort. This includes a low, medium and high intensity with the highest being a new facility. Secondly, we have developed alternate strategies for location of the clinic. These include moving WMCW into another wing of the hospital and moving support departments into the nearby clinic building as well as other physical location off of Highway 98. This by no means we are recommending an alternate plan but were put together as a matter of due diligence and challenging our own assumptions. I have met with Adams consulting group and TRO Architects to begin discussions on the next
steps for construction. I have emphasized our upcoming strategic planning and decisions related to the prioritization of clinic and/or hospital construction projects. The decisions made as part of the strategic planning process with drive further activity related to this. 5. Extend Hours Weems East - Susan Hardin, ARNP at Weems West has requested that she be allowed to withdraw from the provision of extended hours at Weems East due to the affect it is having on her close out of charts, billing and herself physically. A review of the utilization of the extended hours has been conducted and indicates that in general Tuesday, Wednesday and Thursday have minimal patient loads as a general statement. For now, my response is to allow Susan to work her 40 hours per week at Weems West and to increase Dana Whaleys Monday hours to accommodate continuation of the extended hours on Mondays. She would then decrease her Friday hours by the same amount. The data provided on the clinic volumes historically has been found to include nursing visits. Thanks to Ginny for the discovery. Both Nicole Sandoval and Debbie Mashburn are helping us correct this for the future so we have a better feel for the productivity of our practitioners. 6. Weems Clinic East We have contracted with a local person to keep to grounds mowed and looking better. The trash bin is having a fence put around it due to continued bear activities and will include an electric fence component as recommended by the FWC. 7. EMS staging EMS will stage a BLS truck on the islands on weekends and an ALS truck for the Memorial Day, July 4th and Labor Day weekends. 8. EMS Manager Hilda Pippin has been selected to assume the EMS Manager duties as part of an administrative change. Tim will remain as an employee of Weems in his primary position of Paramedic. 9. Preconstruction costs I have inquired with Alan Pierce and Michael Schuler whether or not the fees associated with current and future activities for preconstruction services is payable as we go from the health care trust fund rather than being accumulated and paid during the project. The majority of fees such as architectural and general contractor fees will be included in the project costs and be built into the construction payout. This would apply to either the clinic or hospital projects. 10. EHR The two final vendors for our EHR are Healthland and CSS. Site visits will occur in midJune and reference checks have begun. 11. Nebulizer Program -We are implementing a nebulizer machine giveaway to patients with indigent status in the clinic. Approximately 15 machines were given to us by TMH through a grant several years ago and are in the purchasing department. The Respiratory Department has given two to Susan Hardin at the clinic. The clinic has been instructed to give Respiratory a copy of the patient demographics and prescription for our files on those particular patients. Jennifer Sockwell, Resp. Mgr. would like to implement the program further to involve the
Franklin County School System in an Asthma Awareness program. And, possibly implement the program to cover the ER patients in need of a machine. Glenda Wilson and I are working on restocking the machines through a grant or otherwise. As soon as we have more machines on hand, the larger programs will open. 12. Hospital Grounds - Craig Gibson has meet with a local person to keep up the lawns and flower beds here at the hospital and is putting together a recommendation on how to provide for a visually more attractive campus. 13. Strategic Plan - I am seeking facilitators for the hospitals strategic planning meeting and hope this can occur in the next 45 days. We have lots to consider in painting a picture of where we want to go for the future. This will drive our decision making for construction, new services, equipment, culture and other key matters thus allowing us to be aligned throughout the organization. Mr. Brownsworth updated the Board on the data regarding the computer crash at Weems East.
Chairman Sanders recognized Lynn Bannister, State Director for Senator Bill Nelson.
Marcia Johnson Clerk of Courts Mrs. Johnson had no report for the Board.
Alan Pierce Director of Administrative Service Mr. Pierce presented his report to the Board. 1. Inform the Board that even though there was discussion at the May 21 workshop to hold interviews for the position of Superintendent of Public Works, the Board must take action during a Board meeting on when it wants to schedule interviews. Board direction. Commissioner Lockley stated that he would like to re-advertise for the job in-house as all employees didnt have an opportunity to apply. Chairman Sanders stated that some employees were discouraged from applying. Attorney Shuler explained the procedure for re-advertising this position.
Recess Chairman Sanders called for a recess.
Reconvene Chairman Sanders reconvened the Meeting.
Motion by Lockley, seconded by Parrish, to reject all applications for Superintendent of Public Works position and re-advertise for position in-house; Motion carried 5-0. 2. Board action to renew a Hold Harmless Agreement with Duke Power (aka Progress Energy) to allow them to use a staging area at the airport in the event they want to stage equipment after a hurricane, subject to County Attorney review. Motion by Parrish, seconded by Lockley, to renew a Hold Harmless Agreement with Duke Power to allow using the Airport as a staging area for equipment in the event of a hurricane; Motion carried 5-0. 3. Inform the Board that the committee recommending engineering consultants for the engineering and design of the Alligator Point multi-use path recommends Preble-Rish Engineers. Board action to accept recommendation and to enter into a contract. All fees will be paid out of the DOT funds. Motion by Jackel, seconded by Parrish, to approve recommendation of Preble-Rish Engineers and enter into a contract for Alligator Point multi-use path; Motion carried 5-0. 4. Board action to allow the Apalachicola Maritime Museum to display a small cannon at the Museum here in Apalachicola that had been stored upstairs in the Armory. The cannon has no association with the Armory and is most likely a signal cannon from a ship. The museum has offered to research the background of the cannon and also to have it inspected to see if it can be fired. The cannon would only be on loan and would always be the property of the Board. Commissioner Parrish would like a hold harmless agreement and insurance requirements attached to the cannon. Motion by Parrish, seconded by Lockley, to approve the Apalachicola Maritime Museum to display a cannon that was found in the Armory with an executed hold harmless agreement and insurance; Motion carried 5-0. 5. At the last meeting Commissioner Parrish asked me to gather some additional information regarding some of the settlement that BP has already made. The issue came up because of news reporting of money becoming available for NRDA projects and RESTORE projects. BP has made a $2.4Billion settlement with the federal government of which $335M will go to Florida. However, all of these funds are already spoken for; all of these funds will go to the National Fish and Wildlife Foundation who in turn will spend the money. The Board and Mr. Pierce discussed this matter further. Chairman Sanders suggested joining with neighboring Counties for better influence with funding for these projects. The Board discussed this option further.
Warren Yeager, Gulf County Commissioner, discussed some of Gulf Countys experiences in dealing with this funding. He stated that the next meeting will be on June 12th at 9 AM in Gulf County at their EOC. 6. Inform the Board that Commissioner Jackel asked me to investigate the opportunity to get additional energy efficiency funds and it appears the Board will be eligible for funds to replace the energy in-efficient lights at Vrooman Park and D.W. Wilson Park with new energy efficiency lights. The new lighting will equal or improve existing lighting conditions at the ball fields. I have discussed this with Ms. Nikki Millender and she is in agreement that the lights at the ball fields are a large expense in her budget. The lights at Kendrick Park are already energy efficient and do not need replacing. Board action to submit energy efficiency grant. This item was discussed earlier in the Meeting. 7. Board action to submit a funding request to the Dept. of Economic Opportunity (DEO) to provide additional funding for three projects. DEO is currently funding a economic diversification study for the county, and it appears additional funding might be available for a study providing the economic benefit tourism in the county (which is something the TDC has asked for), the economic benefit of dredging the Eastpoint Channel (which is something that will be of value in seeking federal funds to dredge the channel), and some funds to implement some of the facets of the current DEO study. Board action. Motion by Parrish, seconded by Jackel, to approve the submission of a funding request to the DEO to provide additional funding for these three projects; Motion carried 5-0. 8. Ms. Nikki Millender, Parks and Recreation, is in great need of summer help. The TDC had budgeted $5K in the event the county was hosting the state softball tournament. The county did not host the tournament so Ms. Millender would like to use that $5K, plus an additional $2500 if the TDC can find it, so hire two part-time temporary workers to help clean bathrooms on county parks through the summer. It would be a 10 week employment for 29 hours a week, at $10 hour. Board action to request that the TDC provide the funds. This item was discussed earlier in the Meeting. Mr. Pierce stated that Mr. Nick Hutchinson has pointed out some recent storm damage done to buildings in Eastpoint that needs to be addressed. Mr. Hutchinson stated that some of the damage should be considered an emergency. Commissioner Jackel and Attorney Shuler reminded the Board of what types of work can be done on private property. Commissioner Jackel asked for Board action to authorize her to use County resources to address any situation that might be considered an eminent threat. Commissioner Lockley asked that he is sent pictures of the situation before he votes on the authorization.
Motion by Jackel, seconded by Massey, to authorize Mr. Pierce to determine eminent danger and direct one of the County Departments to take action; (Motion withdrawn) Chairman Sanders discussed issues with public nuisances with abandoned properties throughout the County. Shannon Hartsfield explained the situation further and stated that the next storm could blow the loose hanging tin out of the trees. Commissioner Massey and Mr. Pierce discussed reasons the Sheriffs Department doesnt assist with traffic control when road contractors are doing road work in Franklin County, as it is done in other counties. Commissioner Jackel and Mr. Pierce discussed a contractor doing work on the St. George Island Bridge. Commissioner Parrish commented on the tin problems in Eastpoint, which was discussed earlier in the Meeting. Chairman Sanders suggested condemning any buildings that might create problems. The Board and Attorney Shuler discussed this matter further. Warren Yeager, a Gulf County commissioner, discussed how Gulf County handles these same types of situations. Commissioner Parrish stated that the County doesnt have the resources to destroy any buildings that are condemned. Commissioner Massey suggested offering the property owner the option of giving their property to the County if the County does the clean-up. Motion by Jackel, seconded by Massey, to direct Attorney Shuler to send letter to property owners notifying them of unsafe condition of buildings in Eastpoint and the danger it causes to local residents and the intention of the County to condemn; Motion carried 5-0. Commissioner Jackel asked Mr. Pierce to contact Lori Switzer, of the SHIP program, concerning an issue with Mr. Robert Key, a SHIP client.
T. Michael Shuler County Attorney Report Attorney Shuler had no report for the Board.
Commissioners & Public Comments Commissioner Jackel thanked Senator Nelsons staff member, Lynn Banister, for opposing HB1024.
Commissioner Jackel discussed an email from FAC regarding the Dept. of Agricultures Commissioners comments on Apalachicola Bay and oyster production. She expressed her displeasure with the comments. Commissioner Lockley asked Mr. Pierce to contact the Gulf Coast Workforce Board about problems with the re-shelling programs. Mr. Pierce discussed the current status of the reshelling program. Shannon Hartsfield, President of Franklin County Seafood Workers Association, explained that the funds are almost depleted so no new applicants are being accepted for re-shelling at this time. Mr. Pierce stated that there is a possibility of more funding and then the program will open up for more applicants. Chairman Sanders and Mr. Hartsfield discussed the condition and amount of the oysters in the Bay since the summer bars opened on June 2nd. Chairman Sanders commented on an article in the New York Times regarding a declaration by Governor Scott concerning Apalachicola Bay. Lynn Bannister, State Director for Senator Bill Nelson, explained where the paperwork is and the process for this declaration. Mr. Pierce provided additional information concerning this matter. Motion by Jackel, seconded by Massey, to send a letter to Governor Scott and DEP in support of the Declaration; Motion carried 5-0. Ms. Bannister discussed the funding for the Eastpoint Channel dredging project. She stated that with the sequestration she wasnt sure what is going to happen with this project. Chairman Sanders provided some history and expressed her concerns with this project. Ms. Bannister commented on some legislation that needs support as explained by Dan Tonsmiere in the Tallahassee Democrat. She stated that everyone needs to speak with Congressman Southerland to get this legislation passed. Ms. Bannister also commented on the upcoming Commerce Committee Meeting. Chairman Sanders asked Ms. Bannister to thank Senator Nelson for his continued support of Franklin County. Donna Butterfield, of St. George Island, commented on the public hearing, reports, and information regarding HB711. She explained the requirements of HB711 and discussed issues with Weems Memorial Hospital. Commissioner Jackel and Attorney Shuler discussed this item further. Chairman Sanders stated that she is meeting with Mr. Brownsworth next week to discuss this matter.
Adjourn (10:50 AM) There being no further business, Chairman Sanders adjourned the Meeting.
_____________________________ Cheryl Sanders, Chairman FCBCC
Attest: _____________________________ Marcia M. Johnson, Clerk of Courts
Franklin County Road Department Report to Board of County Commissioners June 18, 2013 Summary of Material Hauled and Work Performed by District
District 1- Pink Jackel Material Hauled from withinMaterial Hauled to22.5 cubic yards of Debris / Trees 18 Cubic Yards of Mixed Black Dirt and Lime Rock
Work Performed- Checked County Roads for safety of traveling for public, cleaned ditches, cut grass and weed eat on right of ways and around mouths of culverts, signs and mailboxes, cleaned out culverts, graded roads, picked up litter, cleaned walk paths, swept intersections and trim trees. District 2- Cheryl Sanders Material Hauled to9 Cubic Yards of Black Dirt 18 Cubic Yards of Lime rock 36 Cubic Yards of Milled Asphalt 252 Cubic Yards of Mixed black Dirt and Lime Rock
Work Performed- Checked County Roads for safety of traveling for public, cleaned out mouths of culverts, dug out ditches, graded roads, cut grass and weed eat on right of ways and around mouths of culverts, signs and mailboxes, placed milled asphalted on roads, pulled ditches and tillered roads. District 3- Noah Lockley Material Hauled to54 Cubic Yards of #57 Shells 36 Cubic Yards of Lime rock
Work Performed- Checked county roads for safety of traveling for public, Cut grass and weed eat on right of ways and around mouths of culverts, signs and mailboxes; filled in driveways, graded roads, picked up litter and filled in pot holes. District 4- Joseph Parrish Material Hauled from withinMaterial Hauled to36 Cubic Yards of Debris/Trees 9 Cubic Yards of Black Dirt 9 Cubic Yards of Milled Asphalt 18 Cubic Yards of Yellow Rock
Work Performed- Checked County Roads for safety of traveling for public, cut grass and weed eat on right of ways and around mouths of culverts, signs and mailboxes, cleaned out culverts, picked up litter, graded roads, trim trees and filled in pot holes. District 5- William Massey Material Hauled from withinMaterial Hauled to9 Cubic Yards of Debris / Trees 9 Cubic Yards of Milled Asphalt
Work Performed- Checked County Roads for safety of traveling for public, cut grass and weed eat on right of ways and around mouths of culverts, signs and mailboxes, cleaned ditches, cut bushes back from right of ways, graded roads, picked up litter, trimmed trees, placed milled asphalt on road and filled in pot holes.
FRANKLIN COUNTY DEPARTMENT OF

Solid Waste & Recycling Animal Control
210 State Road 65 Eastpoint, Florida 32328 Tel.: 850-670-8167 Fax: 850-670-5716 Email: fcswd@fairpoint.net
DIRECTORS REPORT FOR: The Franklin County Board of County Commissioners DATE: June 18, 2013 TIME: 9:00 A.M. SUBJECT(S): Right-of-Way Debris Pickup / Recycle Material Hauled May 29th June12th FOR BOARD INFORMATION: MAY 29th JUNE 12th RIGHTOFWAY DEBRIS PICKUP Apalachicola Eastpoint St George Island Carrabelle Lanark Alligator Point
139.17 TONS 35.32 TONS 0 TONS 55.61 TONS 34.58 TONS 29.01 TONS
Apalachicola Cardboard Plastic,Paper, Glass, Aluminum

5.91 TONS 3.25 TONS
RECYCLE MATERIAL HAULED Eastpoint St George Carrabelle Lanark Island

4.62 TONS .54 TONS 4.2 TONS 4.2TONS 2.71 TONS 2.71 TONS 1.15 TONS 1.24 TONS
Alligator Point
0 TONS .29 TONS
St James
.19 TONS 0 TONS
REQUESTED ACTION: None
28 Airport Road Apalachicola, Florida 32320 (850) 653-8977, Fax (850) 653-3643 Em3frank@gtcom.net
Report to Board of County Commissioners
Date: June 18, 2013 Action Items: 1. Requesting the Board's approval and signing of the 2013-2014 State Base Grant (EMPA) in the amount of $105,806 and the Federal Grant (EMPG) in the amount of $53,294. 2. Requesting the Boards approval and signing of the Disaster Debris Management Contract with Bergeron Emergency Services. Information Items: 1. Mike Rundel attended the DOT Emergency Response and Relief Training, June 5th in Midway, Florida reviewing new changes in FEMA and FHWA policies with reference to post disaster response on only Federal Aid Eligible roads in our county. It is our understanding that the county will be responsible for the clearing of the Federal Aid Eligible roads and if it is a Presidential Declared Disaster, the county will work thru the FEMA PA program for reimbursement of county costs. If it is not a Presidential Declared Disaster, the county can then work with the FHWA Emergency Response Program for reimbursement costs. 2. The Emergency Management office is working on updating its Local Government notification list and ESF 18, business notification list. We have gone though the phone book and are in the process of calling those that are not already on our list.
Sincerely,
Pamela Brownell
Pamela Brownell Director
IFAS Extension
Franklin County
Franklin UF/IFAS Extension 66 4 th Street Apalachicola, FL 32320-1755 850-653-9337 bmahan@ufl.edu
14 June 2013 MEMORANDUM TO: FROM: SUBJECT: The Franklin County Board of County Commissioners Bill Mahan, Franklin/UF - IFAS Extension Director 18 June 2013, BCC Extension Update Report
Bill
Franklin - UF IFAS Updates 1) Board Action Requested FWC Sea Turtle Grant Proposal Alan Pierce and I have been discussing submitting a grant proposal to FWC for their Deep Water Horizon Restoration Phase II Project, Restoring the Night Sky, to supplement their efforts for education and compliance for sea turtle lighting. 2) Sea Turtle Lighting & Disorientation Workshop I have a workshop setup for June 19th at 3:00 PM at the St. George Island Fire Station with representatives of some of the rental property managers on St. George Island to discuss sea turtle lighting and disorientation issues. FWC has agreed to send a representative as well to help explain the issues. 3) NOAA National Marine Fisheries Service Research, Training & Recruitment (RT&T) Program - I was a panelist and also help organize a program for a UFs Fisheries & Aquatic Sciences Program to host eight students in the NMFS RT&T Program during their visit to Franklin County on June 14th. The students main focus was to learn about how river flow and reservoir operations, groundwater withdrawal and opportunities for fishery habitat restoration on the Apalachicola and Suwannee River Systems. The program was held at the Gibson Inn. 4) 4-H County Camp Planning & Preparation We continue to receive requests for camp applications and information about this years 4-H County Camp at Camp Timpoochee. It appears that we will have 20+ youth attending. This year our camp is the week of July 22nd 26th and we will be camping with Okaloosa, Walton and Covington County (AL). FL Fish & Wildlife Conservation Commission (FWC) 5) Commission Elects New Leadership At its meeting June 13 in Lakeland, the FWC elected Vice Chairman Richard Dick Corbett of Tampa to serve as Chairman, effective July 1. The term of Chairman is one year. Brian Yablonski of Tallahassee was elected to the one-year term of Vice Chairman. 6) Assistant Executive Director Holder to Retire - Gregory Holder, assistant executive director of the FWC, is retiring at the end of August. 7) Tarpon & Bonefish to Become Catch & Release Only The FWC last week approved a proposal to make tarpon and bonefish catch-and-release-only fisheries. This catch-and-release proposal was adopted in recognition of the fact that the economic and fishing value of bonefish and tarpon greatly exceed their value as food fishes. The following changes will go into effect Sept. 1, in state and federal waters off Florida: All harvest of tarpon will be eliminated, with the exception of the harvest or possession of a single tarpon when in pursuit of an IGFA record and in conjunction with a tarpon tag. Tarpon tags will be limited to one per person, per year (except for charter boat captains). Transport or shipment of tarpon becomes limited to one fish per person. One fish per vessel limit is created for tarpon.
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An Equal Opportunity Institution
Gear used for tarpon will be limited to hook-and-line only. People will be allowed to temporarily possess a tarpon for photography, measurement of length and girth and scientific sampling, with the stipulation that tarpon more than 40 inches must remain in the water. Tarpon regulations will extend into federal waters. The bonefish tournament exemption permit is eliminated. This exemption allows tournament anglers with the proper permit to temporarily possess bonefish for transport to a tournament scale. The Commission also approved modifying the tarpon tag program by eliminating the current reporting requirements and shifting the start and end date for when the tarpon tag is valid from July through June to a calendar year, January through December. These rules will be changed in FWC code and will go into effect Sept. 1. 8) Recreational License Requirement for Lionfish to Be Removed Last week the FWC adopted changes that will waive the recreational license requirement for divers harvesting lionfish using certain gear and exclude lionfish from the commercial and recreational bag limits, allowing people to take as many of the invasive fish as they can. Prior to the change, recreational anglers could not catch more than 100 pounds of lionfish without being required to have a commercial license. Specific gear that can be used to target lionfish without the requirement of a recreational license includes hand-held nets, pole spears, Hawaiian slings or any other spearing devices designed and marketed exclusively for lionfish. An identical executive order was put into place in August 2012 and is set to expire Aug. 3. The newly adopted rule will take effect before the executive order expires, so there will be no lapse in the expanded permissions. Lionfish are a nonnative, invasive species that negatively impact Floridas native saltwater fish and wildlife. Currently, the most effective method of removing lionfish from Florida waters is by spearing or using a hand-held net. Removing the license requirements and bag limits will increase lionfish harvest opportunities. 9) Changes Adopted to Make Reading Marine Fishing Regulations Easier Marine fisheries regulations will soon be easier to read, understand, and enforce. The FWC at its June 12th, meeting in approved a proposal that will revise marine fisheries information in portions of 68B of the Florida Administrative Code, providing consistency among regulations and clarifying complex and confusing language. These changes go into effect Sept. 1. Current regulations contain inconsistencies from one species chapter to the next. Also, definitions and the location of specific rules vary from chapter to chapter. It is because of issues like these that the public asked the FWC to streamline current marine fisheries rules. Gulf of Mexico Fishery Management Council (GMFMC) 10) NOAA Fisheries Announced Final Recreational Gag Rule for 2013 - The gag recreational fishing season will open on July 1 and close on December 3, 2013 when the annual catch target of 1.287 million pounds is projected to be caught. However, if at any time landings are projected to exceed the 2013 annual catch limit of 1.495 million pounds during the federal season, gag accountability measures would close fishing for gag. The December 3, 2013 closure date does factor in the effect of incompatible state regulations by the Florida Fish and Wildlife Conservation Commission that open state waters off four counties from April 1st, through June 30th. The rule also limits the geographical extent of the February 1 through March 31 shallow-water grouper closure to waters seaward of a line approximating 20 fathoms. The final rule will be effective July 5, 2013. December 3, 2013. 11) Next GMFMC Meeting- A GMFMC Meeting is being held in Pensacola, FL and runs June 17-21.
AN ORDINANCE REZONING LOTS 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 AND LOT 64, BLOCK A, AND LOTS 1, 2, 3, 4, 5, 6, 7, 8, 19 AND 20, BLOCK F, UNIT 1 LANARK BEACH, LANRARK, FRANKLIN COUNTY, FLORIDA FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 SINGLE FAMILY MOBILE HOME. ORDINANCE 2013-_____ FRNAKLIN COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Franklin County, Florida has received a recommendation from the Franklin County Planning and Zoning Commission for changing the zoning of private real property, and WHEREAS, the Board of County Commissioners of Franklin County has conducted a public hearing with due public notice, and NOW, THEREFORE, BE IT RESOLVED BY THE FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS that: The permitted zoning of Lots 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and Lot 64, Block A, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 19 and Lot 20, Block F, Lanark Beach, Unit 1, Lanark, Franklin County, Florida as shown on the attached map is changed from R-1 Single Family Residential to R-2 Single Family Mobile Home. Map attached as Exhibit A This Ordinance adopted this____ day of ______________, 2013, in a regular meeting of the Franklin County Board of County Commissioners after notice was duly give, and pursuant to Chapter 163, Florida Statutes.
THE FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS BY:_______________________________ Cheryl K. Sanders, Chairman
ATTEST:
BY:_______________________ Marcia M. Johnson, Clerk
PLANNING & ZONING COMMISSION CONSENT AGENDA

*******Tuesday, June 11, 2013*******
PLEASE NOTE: PLANNING AND ZONING COMMISSION MAKES RECOMMENDATIONS TO THE FRANKLIN COUNTY BOARD OF COMMISSIONERS REGARDING YOUR APPLICATION. ALL APPLICANTS ARE NOTIFIED THAT IF YOUR APPLICATION IS DENIED, IT MAY NOT BE RESUBMITTED FOR ONE YEAR. ALSO, ANY PERSON WISHING TO APPEAL THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OR THE DECISION OF THE FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONER BOARD ARE RESPONSIBLE TO ENSURE THAT A VERBATIM TRANSCRIPT OF THE PRCEEDINGS IS MADE.
The Planning & Zoning Commission met on Tuesday, June 11, 2013 with the following recommendations: CRITICAL SHORELINE REVIEW: 1RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct a Single Family Private Dock at Lot 3, Bay Pine Village, 1319 Curlew Way, St. George Island, Franklin County, Florida. The Dock will be 324x 4 with a 6 x 20 terminal platform and (2) 10 x 20 Boat Lifts. This application has all State Permits and Federal Permits and meets all cou nty requirements. Request submitted by Garlick Environmental Agency, agent for Ray and Mary Solomon, applicant. (No House) RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct a Single Family Private Boardwalk and Dock at Lot 1, Bay Cove Village, 2015 Sand Dollar Trail, St. George Island, Franklin County, Florida. The Boardwalk will be 162 x 4 and the Pier will be 458 x 4 with a 20 x 5 platform and (2) 20 x 10 boat lifts. This application has all Sta te Permits and Federal Permits and meets all county requirements. Request submitted by Garlick Environmental Agency, agent for Donald Hansard, applicant. (No House) RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct a Single Family Courtesy Dock at 1 Lundsford Lane, Section 26, Township 7 South, Range 7 West, North of Eastpoint, Franklin County, Florida. The Dock will be 12x 4. This application has all State and Federal Permits and meets all county requirements. Request submitted by Garlick Environmental Agency, agent for John and Nancy Nunnally, applicant. (Has House) RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct Boardwalks over wetlands at 230 Patton Drive, Section 31, Township 8 South, Range 6 West, Eastpoint, Franklin County, Florida. The Boardwalks will be 489 x 4 with a 10 x 10 terminal platform and (2) 6 x 8 bump outs. This application has all State and Federal Permits and meets all county requirements. Request submitted by Garlick Environmental Agency agent for TIITF/Marine Resources DEP (ANEER), applicant. RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct a Single Family Private Dock at 1289 East Gulf Beach Drive, Lot 6 Savannah Cove, St. George Island, Franklin County, Florida. The Dock will be 494x 4 with a 26 x 6 terminal platform with (2) 20 x 10 boat lifts. This ap plication has all State and Federal Permits and meets all county requirements. Request submitted by Garlick Environmental, agent for Robert and Juliet Barber, applicant. (Has House) RECOMMENDED APPROVAL (Unanimous) Consideration of a request to construct a Single Family Private Dock at 1331 East Gulf Beach Drive, Lot 1 Tract 42, East End, St. George Island, Franklin County, Florida. The Dock will be 494x 4 with a 81 x 4 Boardwalk and a 26 x 6 terminal platform with (2) 20 x 10 boat lifts. This application has all State and Federal Permits and meets all county requirements. Request submitted by Garlick Environmental, agent for James Campagna, applicant. (No House)
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REPORT: 7RECOMMENDED APPROVAL (Not Unanimous) Consideration of a request from the Franklin County Planning and Zoning Commission to hold a Workshop at the St. George Island Volunteer Fire Department in August to discuss the Commercial District on St. George Islands future zoning changes.
FRANKLIN COUNTY ADVISORY BOARD OF ADJUSTMENT CONSENT AGENDA

Wednesday, June 5, 2013
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APPROVE (Unanimous) Consideration of a request for a variance to the S-4 District standards of Lanark Village to construct an addition 12 feet from the original wall facing a court on property described as Lot 46, Block 4, Unit 1, 5-3 Parker Avenue, Lanark Village, Franklin County, Florida. Request submitted by Gene Strickland, agent for Edward Pattillo, owner. APPROVE (Unanimous) Consideration of a request to install a cargo lift 4 feet into the side setback line on property described as Lot 4, Block B, Unit 1, Gulf Wynn Subdivision, 2470 U.S. Highway 98, Lanark Village, Franklin County, Florida. Request submitted by William S. and Evelyn C. Barnes, owners. APPROVE (Unanimous) Consideration of a request to install a vinyl seawall with the Critical Habitat Zone on property described as Lot 1, Crooked River Lighthouse Reservation, 1968 U.S. Highway 98 West, Carrabelle, Franklin County, Florida. Request submitted by Garlick Environmental Associates, Inc., agent for First Choice Gov, Inc., owner.
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Clerks Report to the Board 6-18-13:
1. My finance office is getting ready to prepare the budget books. We are waiting on the final certification of taxable value from the Property Appraiser which is due July 1 st before millage figures can be determined. I am requesting you go ahead and schedule two days for budget workshops. Dates of Thursday July 18th and Friday July 19th work well for the finance department and dont conflict with scheduled court sessions.
Report to the Board of County Commissioners June 18, 2013 1- Inform the Board that the Chairman and I attended a meeting in Gulf County on June 12 that was facilitated by The Nature Conservancy (TNC). The TNC provided an opportunity for Gulf, Franklin, and Wakulla county commissioners and organizations that work in these counties to talk about developing projects and criteria that would be competitive for BP money. Specifically, the TNC is offering to provide guidance on projects that would be funded through the Gulf Coast Restore Council (which is the Council of the five states). The advice we were given is that the Council looked very favorably upon projects that protected watersheds. Franklin County has 3 watershedsApalachicola River and Bay, New River, and Ochlockonee River and Bay. The Apalachicola watershed is the largest in Florida, but unfortunately only 12% of the total watershed (or drainage basin) is in Florida. The majority of the watershed is in Georgia, with some in Alabama. Watersheds go beyond county boundaries so if the concept of watersheds is used then all projects are going to be multi-county in impact, which also helps when competing with other areas. The other important advice we were given is that it is going to be critical to quantify the benefits of a project in order to justify funding. An example of quantifying benefits was made during the US Forest Service presentation. The speaker said that the Forest Service is developing a plan that will increase the river flow in the Apalachicola River by 1.5%. They propose to do this by thinning the pine trees, changing a percentage of the slash pine to long leaf pine forest, and restoring the natural hydrology in some areas of the Apalachicola National Forest. While the speaker did not indicate how much this will cost, it is an example of something that the US Forest Service says they can do to help get more freshwater to the Bay to protect the oyster industry. We were reminded by other speakers that there are large environmental projects, such as the restoration of the Everglades, that have years and years of data, and supporters of the Everglades will be as determined to get money for their restoration as people in North Florida will be to get the oyster industry restored. One of the items that Chairman Sanders said was not going to be well received in Franklin County was the idea of large scale land acquisition of land in order to protect watersheds. Wakulla county commissioners wholeheartedly agreed. The TNC agreed to facilitate another meeting in July. 2- Inform the Board that we have received a letter from the US Fish and Wildlife Service reminding and encouraging us to be more diligent in protecting nesting sea turtles. Franklin County has one of the largest populations of nesting loggerhead turtles in the Gulf of Mexico. Last year there were a number of sea turtle disorientations and the US FWS want the county to work to diminish those numbers. The day after I got the letter I received notification that Franklin County would be eligible to receive funding to increase education and compliance with the countys sea turtles. I have spoken to Bill Mahan and the Research Reserve in Eastpoint and Bill and I recommend the Board apply for funds to increase awareness and compliance with lighting requirements. The program would be run out of Bills Office as Sea Grant has existing programs that can be modified
to meet our needs. Board action to apply for funding. The funding source is from one of the BP settlements, but it is called the Deep Water Horizon Early Restoration Phase II. 3- Inform the Board that DOT has requested Transfield review with the commissioners from Gulf, Franklin, and Wakulla counties mowing plans for the state highways in the respective county commission districts as DOT is modifying mowing schedules in order to satisfy issues raised by the Panhandle Wildflower Alliance. I will be getting with each commissioner to seek advice on the proposed mowing schedules in each part of the county. 4- Board action to approve a Resolution supporting the concept of the Capital City to Sea Trail corridor so long as it does not interfere with existing hunting activities and to seek planning funds from DOT for the purposes of evaluating potential corridors for the bike trail. This is for a study only. The results will come back to the Board and the Board will have to take approve any further action. Mr. David Butler and other supporters of the Trail are here if there are any questions. 5- At the last meeting, Commissioner Massey asked about why off-duty law enforcement officers are used for traffic control in other counties but not in Franklin. The answer is that it is standard protocol to use off-duty patrolmen when working in a highly congested area or when working at night. It is not standard to use blue lights for rural road work. 6- Inform the Board that we have received the architects analysis for fixing the plumbing at the jail. They have identified the parts that need replacing and we will be going out to bid. They narrowed the scope down to some 50 valves that need to be replaced throughout the jail, but not the whole fixtures so I am hoping the costs will be substantially less than we had initially estimated. 7- Inform the Board that the DOT has notified the county that they are providing funds for the remarking and re-striping of Lake Morality Road, even though it is a county road. I believe the funds are being provided because of the fatality that occurred on the road last year. 8- Inform the Board that I have contacted the property owner to the east of the parcel the county just bought in Eastpoint, as that parcel has an encroachment of an LP tank and large air handlers on county property. The adjacent owners are interested in buying a 12 foot wide strip of land down the common boundary which will solve the encroachment. I recommend the Board direct me and the County Attorney to negotiate a price to sell the strip. 9- Inform the Board that Mark Curenton attended the Acquisition and Restoration of State Lands meeting in Tallahassee to answer questions regarding the countys acquisition of an easement in Bald Point State Park to provide access to the 7 lots that lost access on Gulf Shore Blvd last year after TS Debbie. The easement was granted, and we should get the paperwork in about a month. I am still seeking approval from FEMA to change the $430,000 worth of repair money to a relocation project so I do not yet have
funds approved for construction. The county will have to pay the state park service $14K for the value of the easement, and that money will either come out of the FEMA money or the Bald Point Trust Fund. The county now needs to acquire easements from the 7 property owners as we will build an access road/driveway along the back of their properties to replace Gulf Shore Blvd. The property owners have all be contacted but we have not proceeded with acquiring their easements until the state had granted the one for state lands.
NOTICE OF INTENT TO CONSIDER ADOPTING COUNTY ORDINANCE Notice is hereby given that on July 2, 2013 at 10:10 a.m. (ET) at 34 Forbes Street, Apalachicola, Florida at the Courthouse Annex, the Franklin County Board of County Commissioners will hold a public hearing to consider adopting an ordinance captioned as follows: AN ORDINANCE AMENDING THE FRANKLIN COUNTY ZONING CODE ORDINANCE 92-6, SECTION 462, REGULATING STRUCTURES AND ESTABLISHING THE PERMITTED HEIGHT LIMIT AND MODIFICATIONS TO NO MORE THAN 47 FEET AT THE ROOF PEAK, NOR ACCOMMODATE MORE THAN THREE HABITABLE FLOORS, FROM HIGHEST NATURAL GRADE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE A copy of the proposed ordinance is on file with the Clerk of Court, 33 Market Street, Apalachicola, Florida and may be viewed there. Interested Persons may appear at the meeting and be heard with respect to the proposed ordinance. Any party who may wish to appeal the decision made at this public hearing is responsible for making a verbatim transcript of the hearing. Those persons requiring assistance to attend the meeting must call deputy clerk Michael Moron at 850-653-8861 x100 at least three business days before the meeting to make arrangements. Publish: June 20th and 27th, 2013 (Do not place in classifieds)
NOTICE OF INTENT IS GIVEN THAT FRANKLIN COUNTY WILL HOLD A PUBLIC HEARING ON JULY 2, 2013 AT 10:00 A.M. TO CONSIDER ADOPTING AN ORDINANCE REPEALING THE EXISITING FLOOD PLAIN ORDINANCE AND ADOPT A NEW FLOOD PLAIN MANAGEMENT ORDINANCE. Notice is hereby given that on JULY 2, 2013 at 10:00 a.m. (ET) at 34 Forbes Street, Apalachicola, Florida at the Courthouse Annex, the Franklin County Board of County Commissioners will hold a public hearing to consider adopting an ordinance captioned as follows: AN ORDINANCE REPEALING ORDINANCE 2003-39; TO ADOPT A NEW FLOOD PLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOOD PLAIN ADMINISTRATOR; TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS; AND FOR OTHER PURPOSES RELATED TO FLOOD PLAIN MANAGEMENT; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING SEVERABILITY, REPEALER AND AN EFFECTIVE DATE. A copy of the proposed ordinance is on file with the Clerk of Court, 33 Market Street, Apalachicola, Florida and may be viewed there. Interested Persons may appear at the meeting and be heard with respect to the proposed ordinance. Any party who may wish to appeal the decision made at this public hearing is responsible for making a verbatim transcript of the hearing. Those persons requiring assistance to attend the meeting must call deputy clerk Michael Moron at 850-653-8861 x100 at least three business days before the meeting to make arrangements. Publish: June 13th and 20th, 2013 (Do not place in classifieds)
1 ORDINANCE NO 2013-____ AN ORDINANCE BY THE FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS, AMENDING THE FRANKLIN COUNTY CODE OF ORDINANCE TO REPEAL ORDINANCE 2003-39; TO ADOPT A NEW FLOOD PLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in 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 Franklin County 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, Franklin County was accepted for participation in the National Flood Insurance Program on July 18, 1983, and the Franklin County Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the Franklin County Board of County Commissioners is adopting a requirement to limit the size of enclosures, below elevated dwellings, to no more than 299 square feet for buildings and structures in Coastal High Hazard areas (V Zones) for the purpose of participating in the National Flood Insurance Programs Community Rating System and pursuant to section 553.73(5), is formatting the requirement to coordinate with the Florida Building Code; and
2 WHEREAS, the Franklin County Board of County Commissioners is adopting a requirement to require the accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a 10-year period for the purpose of participating in the National Flood Insurance Programs Community Rating System and, pursuant to section 553.73(5), is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the Franklin County Board of County Commissioners, has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Franklin County, that the following floodplain management regulations, and the following local administrative amendments to the 2010 Florida Building Code, are hereby adopted. SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulations(s): Ordinance 2003-39, Relating to Development and Building Activity in Flood Hazard and Flood Prone areas in Franklin County, Florida. CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of Franklin County, hereinafter referred to as this ordinance. 101.2 Scope. The provisions of this ordinance 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; placement, installation, or replacement of manufactured homes and manufactured buildings ; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 101.3 Intent. The purposes of this ordinance 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 community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 101.4 Coordination with the Florida Building Code. This ordinance 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. 101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, 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 ordinance 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 the Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community 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 ordinance.
4 101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of the Board of County Commissioners of Franklin County or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within Franklin County as established in Section 102.3 of this ordinance. 102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Franklin County, Florida and Incorporated Areas, dated June 17, 2002, 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 ordinance 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 Franklin County Planning & Building Department. 102.3.1 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from a special flood hazard area.
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102.4 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. 102.5 Abrogation and greater restrictions. This ordinance 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 ordinance, or stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any
5 deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 102.6 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 1. 2. 3. Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The Zoning Administrator is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance 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 ordinance without the granting of a variance pursuant to Section 107 of this ordinance. 103.3 Applications and permits. The floodplain Administrator, in coordination with other pertinent offices of the community, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; 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; Provide available flood elevation and flood hazard information; Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;
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Review applications to determine whether proposed development will be reasonably safe from flooding; Issue floodplain development permits or approvals 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 ordinance is demonstrated, or disapprove the same in the event of noncompliance; and 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 ordinance.
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103.4 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 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; 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; 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 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 ordinance is required.
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7 103.5 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 107 of this ordinance. 103.6 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 ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspection as specified in Section 106 of this ordinance 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. 103.8 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 103.4 of this ordinance; Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 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 change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete; Notify the Federal Emergency Management Agency when the corporate boundaries of Franklin County are modified; and
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8 6. 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 Resources System Areas and Otherwise Protected Areas.
103.9 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 ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of 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 ordinance; 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 ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Franklin County Planning and Building Department, 34 Forbes Street, Suite 1, Apalachicola, Florida. SECTION 104 PERMITS 104.1 Permits required. Any owner or owners authorized agent (hereinafter applicant) who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, 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 ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance 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 or approval is required in addition to a building permit.
104.2.1 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 (44C.F.R. Sections 59 and 60), floodplain development permits or approvals 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 ordinance: 1. 2. Railroads and ancillary facilities associated with the railroad. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. Temporary buildings or sheds used exclusively for construction purposes. Mobile or modular structures used as temporary offices. 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. 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 hut 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. 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. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 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.
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104.3 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 community. The information provided shall: 1. Identify and described the development to be covered by the permit or approval.
10 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. Indicate the use and occupancy for which the proposed development is intended. Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. State the valuation of the proposed work. Be signed by the applicant or the applicants authorized agent. Give such other data and information as required by the Floodplain Administrator.
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104.4 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. 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. 104.5 Expiration. A floodplain development permit or approval 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. 104.6 Suspension or revocation. The floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 104.7 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. 2. The Northwest Florida Water Management District; section 373.036 F.S. Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. Florida Department of Environmental Protection for construction,
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11 reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. 4. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. 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. Federal permits and approvals.
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SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or (3) of this ordinance. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(1) of this ordinance. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 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.
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12 7. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approve by the Florida Department of Environmental Protection. Existing and proposed alignment of any proposed alteration of a watercourse.
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The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance 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 ordinance. 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. Obtain, review and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. Where base flood elevation data are not available from another source, where the available, data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.
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Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
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105.3 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channels flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.
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105.4 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, change floodway boundaries, 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 require by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
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SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 106.1.1 Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect building, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2.1 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 owners authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owners authorized agent.
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106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owners 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 106.1.2.1 of this ordinance. 106.1.3 Manufactured homes. The Building Official or Zoning Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official or Zoning Administrator.
15 SECTION 107 VARIANCES AND APPEALS 107.1 General. The Franklin County Board of County Commissioners shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the Franklin County Board of County Commissioners 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. 107.2 Appeals. The Franklin County Board of County Commissioners 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 ordinance. Any person aggrieved by the decision of the Franklin County Board of County Commissioners may appeal such decision to the Circuit Court, as provided by Florida Statutes. 107.3 Limitations on authority to grant variances. The Franklin County Board of County Commissioners shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Franklin County Board of County Commissioners has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3 of this ordinance. 107.4 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 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the buildings continued designation as 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 buildings 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. 107.5 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 ordinance, provided the variance meets the requirements of Section 107.3.1, is the minimum necessary considering the flood hazard, and all due
16 consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.6 Considerations for issuance of variances. In reviewing requests for variances, the Franklin County Board of County Commissioners shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; The importance of the services provided by the proposed development to the community; The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; The compatibility of the proposed development with existing and anticipated development; The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; The safety of access to the property in times of flooding for ordinary and emergency vehicles; 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 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.
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107.7 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 provisions of this ordinance or the required elevation standards;
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Determination by the Franklin County Board of County Commissioners that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvience do not constitute hardship; 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 The variance is the minimum necessary, considering the flood hazard, to afford relief;
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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 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 108 VIOLATIONS
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108.1 Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance shall be deemed a violation of this ordinance. 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 ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders
18 to owners of the property involved, to the owners agent, or to the person or persons performing the work. 108.3 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. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1. Scope. Unless otherwise expressly stated, the following words and terms shall, for the proposes of this ordinance, have the meanings shown in this section. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrators interpretation of any provision of this ordinance or a request for a variance. ASCE 24. 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. A flood having a 1-percent chance of being equaled or exceeded in any given year. (Also defined in FBC, B Section 1612.2.) The base flood is commonly referred to as the 100-year flood or the 1-percent-annual chance flood. Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). (Also defined in FBC, B Section 1612.2.)
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Basement. The portion of a building having its floor subgrade (below ground level) on all sides (Also defined in FBC, B, Section 1612.2.) Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, 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. 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 V-Zones and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. (Note: The FBC, B defines and uses the term flood hazard areas subject to high velocity wave action and the FBC, R uses the term coastal high hazard areas.) Design flood. The flood associated with the greater of the following two areas: (Also defined in FBC, B Section 1612.2.) 1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or Area designated as a flood hazard area on the communitys flood hazard map, or otherwise legally designated.
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Design flood elevation. The elevation of the design flood, including wave height, relative to the datum specified on the communitys 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 buildings 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. (Also defined in FBC, B, Section 1612.2.) Development. 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. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the start of construction commenced before July 18, 1983 (Also defined in FBC, B, Section 1612.2.)
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Existing manufactured home park or subdivision. 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 July 18, 1983. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from : (Also defined in FBC, B, Section 1612.2) 1. 2. The overflow of inland or tidal waters. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in FBC, B, Section 1612.2) Flood hazard area. The greater of the following two areas: (Also defined in FBC, B, section 1612.2.) 1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. The area designated as a flood hazard area on the communitys flood hazard map, or otherwise legally designated.
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Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. (Also defined in FBC, B, Section 1612.2) Flood Insurance Study (FIS). 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. (Also defined in FBC, B Section 1612.2)
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Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager. Floodplain development permit or approval. An official document or certificate issued by the community, 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. Floodway. The channel of a river or other riverine 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 one (1) foot. (Also defined in FBC, B, Section 1612.2) Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. 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. Functionally dependent use. A use which cannot perform 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 adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC). 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: 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.
22 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. 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 communitys floodplain management regulations. 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. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or Designed primarily for transportation of persons and has a capacity of more than 12 persons; or Available with special features enabling off-street or off-highway operation and use.
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Lowest floor. The 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 nonelevation requirements of the Florida Building Code or ASCE 24. (Also defined in FBC, B, Section 1612.2.) Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral 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 or park trailer. (Also defined in 15C-1.0101, F.A.C.) Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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Market value. 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 ordinance, the term refers to the market value of buildings and structures, excluding the land and other 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. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the start of construction commenced on or after July 18, 1983, and includes any subsequent improvements to such structures. New manufactured home park or subdivision. 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 July 18, 1983. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. (Defined in section 320.01, F.S.) Recreational vehicle. A vehicle, including a park trailer, which is: (See section 320.01, F.S.) 1. 2. Built on a single chassis; Four hundred (400) square feet or less when measured at the largest horizontal projection; Designed to be self-propelled or permanently towable by a light-duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. 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
24 Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. (Also defined in FBC, B Section 1612.2.) Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is with 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, 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. (Also defined in FBC, B Section 1612.2.) Substantial damage. 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. (Also defined in FBC, B Section 1612.2.) Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a ten 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. For each building or structure, the 10 year period begins on the date of the first improvement or repair of that building or structure subsequent to 1993. 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; included either: (Also defined in FBC, B, Section 1612.2) 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.
Variance. A grant of relief from the requirements of this ordinance, 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 ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
25
CHAPTER 3 FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, 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 Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307 of this ordinance. 301.2 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: 1. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building 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 ordinance and ASCE 24. SECTION 302 SUBDIVISIONS 302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, 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; 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 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.
2.
2.
3.
302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
26
1.
Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and Compliance with the site improvement and utilities requirements of Section 303 of this ordinance.
2.
3.
SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 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; 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 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.
2.
3.
303.2 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 standard 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. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed
27 development or land disturbing activity will not result in any increase in the base flood elevation. 303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, 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. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, 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 105.3(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8(3) of this ordinance. SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: 1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance.
2.
304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.
28 304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable. 304.4.1 General elevation requirement. Unless subject to the requirements of Section 304.4.2 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.4.2 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame of the manufactured home is at or above elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
2.
304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 304.6 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: 1. Be on the site for fewer than 180 consecutive days; or
29 2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.
305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. SECTION 306 TANKS 306.1 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. 306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: 1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, 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).
2.
306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on 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. 306.4 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 Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
2.
30 SECTION 307 OTHER DEVELOPMENT 307.1 General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: 1. 2. Be located and constructed to minimize flood damage. Meet the limitation of Section 303.4 of this ordinance if located in a regulated floodway; Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; Be constructed of flood damage-resistant materials; and Have mechanical, plumbing, and electrical systems above the design flood elevation, 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.
3.
4. 5.
307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 of this ordinance. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3(3) of this ordinance. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, 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:
31 1. Structurally independent of the foundation system of the building or structure; Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and Have a maximum slab thickness of not more than four (4) inches.
2.
3.
307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas 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. 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. 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 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 elevated buildings and structures. 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.
2.
3.
4.
307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, 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 structure; 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
32 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; 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 On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.
2.
3.
307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 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. 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 elevated buildings and structures.
2.
3.
Where authorized by the Florida Department of Environmental Protection or applicable local approval, said 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.
SECTION 3. The Florida Building Code, Building is hereby amended by the following administrative amendments: Sec. 104.10.1, Florida Building Code Building Add a new Sec. 104.10.1, as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the
33 Floodplain Administrator to review requests submitted to the Building Official hat seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. Sec 107.6.1 Florida Building Code, Building Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulations for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Sec 117, Florida Building Code, Building Add a new Sec. 117 as follows: 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood Hazard areas. Pursuant to section 553.73(5) F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential.. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 4. The Florida Building Code is hereby amended by the following technical amendment. Modify a definition in Section 1612.2. as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a 10 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. For each building or structure, the 10 year period begins on the date of the first improvement or repair of that building or structure subsequent to 1993. 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: 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
34 the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structures continued designation as a historic structure.
SECTION 5. The Florida Building Code, Existing Building is hereby amended by the following technical amendment Modify a definition in Section 202 as follows: SUBSTANTIAL IMPROVEMENT. Any combination or repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a 10 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. For each building or structure, the 10 year period begins on the date of the first improvement or repair of that building or structure subsequent to 1993. 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: 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. Any alteration of a historic structure provided that the alteration will not preclude the structures continued designation as a historic structure.
2.
SECTION 6. The Florida Building Code, Residential is hereby amended by the following technical amendment. R322.3.5 Enclosed areas below design flood elevation. Enclosed are below the design flood elevation: 1. Shall except for areas enclosed by insect screening or open lattice, be limited to a total enclosed area of 299 square feet or less; and Shall be used solely for parking of vehicles, building access or storage.
2.
SECTION 7. FISCAL IMPACT STATEMENT In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers.
35
SECTION 8. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in Franklin County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after ________.(adoption date). SECTION 9. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. This ordinance specifically repeals and replaces the following ordinances and regulations: Franklin County Flood Plain Management Ordinance 200339. SECTION 10. INCLUSION INTO THE CODE OF ORDINANCES It is the intent of the Franklin County Board of County Commissioners that the provisions of this ordinance shall become and be made a part of Franklin Countys Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word ordinance may be changed to section, article, regulation, or such other appropriate word or phrase in order to accomplish such intentions. SECTION 11. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 12. EFFECTIVE DATE. This ordinance shall take effect on ______________________________. PASSED on first reading ____________, 2013. PASSED AND ADOPTED in regular session, with a quorum present and voting, by the Franklin County Board of County Commissioners on the _________________day of __________________, 20___. FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS
By:_____________________________ Cheryl K. Sanders, Chairman ATTEST:
__________________________________ Marcia M. Johnson, Clerk of Court

June 18, 2013

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June 18, 2013

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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FRANKLIN COUNTY COURTHOUSE ANNEX JUNE 18, 2013 9:00

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Recess Chairman Sanders called for a recess.

Reconvene Chairman Sanders reconvened the Meeting.

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_____________________________ Cheryl Sanders, Chairman FCBCC

Attest: _____________________________ Marcia M. Johnson, Clerk of Courts

FRANKLIN COUNTY DEPARTMENT OF

Apalachicola Cardboard Plastic,Paper, Glass, Aluminum

RECYCLE MATERIAL HAULED Eastpoint St George Carrabelle Lanark Island

REQUESTED ACTION: None

Report to Board of County Commissioners

Franklin UF/IFAS Extension 66 4 th Street Apalachicola, FL 32320-1755 850-653-9337 bmahan@ufl.edu

The Foundation for The Gator Nation

BY:_______________________ Marcia M. Johnson, Clerk

PLANNING & ZONING COMMISSION CONSENT AGENDA

FRANKLIN COUNTY ADVISORY BOARD OF ADJUSTMENT CONSENT AGENDA

Clerks Report to the Board 6-18-13:

By:_____________________________ Cheryl K. Sanders, Chairman ATTEST:

__________________________________ Marcia M. Johnson, Clerk of Court

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