2024.07.23_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, July 23, 2024 AT 1:30 PM
TOWN HALL COMMISSION CHAMBERS, 3614 S. OCEAN
BLVD., HIGHLAND BEACH, FL
Town Commission
Natasha Moore Mayor
David Stern Vice Mayor
Evalyn David Commissioner
Donald Peters Commissioner
Judith M. Goldberg Commissioner
Marshall Labadie Town Manager
Lanelda Gaskins Town Clerk
Leonard G. Rubin Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
None.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
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Town Commission Meeting Agenda July 23, 2024
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7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
None.
A. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida,
amending Article VI, "Floodplain Management," of Chapter 20, "Planning and
Development of the Town Code of Ordinances to update the date of the Flood
Insurance Study and Flood Insurance Maps, adopt a requirement for the
accumulation of the cost of improvements over a three -year period, and provide
for general updates for the Town's continued participation in the National Flood
Insurance Program; providing for a fiscal impact statement; providing for
applicability; providing for severability; providing for conflicts; providing for
codification; and providing for an effective date.
8. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will
be limited to three (3) minutes per speaker per item after Commission initial
discussion.
A. Approval of Meeting Minutes
June 18, 2024 Town Commission Meeting Minutes
B. Approve and authorize the Mayor to execute Proposal No. 20 -0030-23 with the
Hinterland Group, Inc. in the amount of $78,625.00 for the rehabilitation and
upgrading of Lift Station No. 1 piping project.
9. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Building Department Recertification Program Update
10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Resolution No. 2024-017
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
setting the proposed not to exceed millage rate pursuant to Section
200.065(2)(B), Florida Statutes, and setting the date, time and place at which a
public hearing will be held to consider the proposed millage rate and tentative
budget.
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Town Commission Meeting Agenda July 23, 2024
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B. Approve and authorize the Mayor to execute the Interlocal Agreement for
Emergency Medical and Fire assistance between the Town of Highland Beach
and the City of Boca Raton which enables the Town fire -rescue services
assistance when needed.
C. Designation of a Voting Delegate for the Florida League of Cities 2024 Annual
Conference – Required Business Meetings
D. Discussion of integrating the use of a Special Magistrate into the Code
Enforcement Process.
E. Discussion of 75th Town Anniversary.
11. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
12. TOWN ATTORNEY’S REPORT
13. TOWN MANAGER’S REPORT
14. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for a three-
year term
Natural Resources Preservation Advisory Board One (1) vacancy for a three-year
term
Meetings and Events
July 29, 2024 10:00 A.M. Board of Adjustment and Appeals Regular Meeting
August 06, 2024 1:30 P.M. Town Commission Meeting
August 08, 2024 9:30 P.M. Planning Board Regular Meeting
August 13, 2024 1:00 P.M. Code Enforcement Board Regular Meeting
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Town Commission Meeting Agenda July 23, 2024
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August 20, 2024 Town Hall Closed due to Primary Election Day
July 27, 2024 10:00 A.M. Financial Advisory Board Regular Meeting
Board Action Report
None.
15. ADJOURNMENT
NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission
with respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record including testimony and evidence upon which the appeal is to be based. (State Law requires
the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own
cost, to arrange for the transcript.) The Town neither provides nor prepares such record.
In accordance with the Americans with Disabilities Act, persons who need accommodation in order to
attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time
prior to this meeting in order to request such assistance.
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File Attachments for Item:
A. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida,
amending Article VI, "Floodplain Management," of Chapter 20, "Planning and
Development of the Town Code of Ordinances to update the date of the Flood
Insurance Study and Flood Insurance Maps, adopt a requirement for the accumulation
of the cost of improvements over a three-year period, and provide for general updates
for the Town's continued participation in the National Flood Insurance Program;
providing for a fiscal impact statement; providing for applicability; providing for
severability; providing for conflicts; providing for codification; and providing for an
effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE 07/23/2024
SUBMITTED BY: Jeff Remas, Building Department
SUBJECT:
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
ARTICLE VI, “FLOODPLAIN MANAGEMENT,” OF
CHAPTER 20, “PLANNING AND DEVELOPMENT OF THE
TOWN CODE OF ORDINANCES TO UPDATE THE DATE OF
THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE
MAPS, ADOPT A REQUIREMENT FOR THE
ACCUMULATION OF THE COST OF IMPROVEMENTS
OVER A THREE-YEAR PERIOD, AND PROVIDE FOR
GENERAL UPDATES FOR THE TOWN’S CONTINUED
PARTICIPATION IN THE NATIONAL FLOOD INSURANCE
PROGRAM; PROVIDING FOR A FISCAL IMPACT
STATEMENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY:
This ordinance updates Highland Beach’s floodplain management regulations to comply with
FEMA requirements and continue participation in the National Flood Insurance Program
(NFIP). It incorporates the revised Flood Insurance Study and Maps effective December 20,
2024, and introduces a three-year accumulation of improvement costs to prevent avoidance
of FEMA compliance. The ordinance has minimal fiscal impact, as most property owners
already undertake single large projects rather than multiple smaller ones to avoid FEMA
thresholds. This conclusion is based on recent data and observations showing limited
instances of cost manipulation. The ordinance is integral to reinstating the town in F EMA's
Community Rating System (CRS), which will provide NFIP premium discounts to residents
and reduce flood risk. The updates align with the Florida Building Code and apply to all
development applications submitted after the effective date. The ordinance includes
provisions for severability, conflict resolution, codification, and takes effect immediately upon
adoption.
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FISCAL IMPACT:
The ordinance update to include the accumulation of the cost of improvements over a 3 -year
period is expected to have a negligible fiscal impact on property owners and the Town of
Highland Beach. This measure enhances compliance with FEMA regulations without
introducing significant additional costs.
ATTACHMENTS:
Proposed Floodplain Ordinance
RECOMMENDATION:
Staff recommends approval (Required by FEMA)
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TOWN OF HIGHLAND BEACH 1
2
PROPOSED ORDINANCE 3
4
5
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF 6
HIGHLAND BEACH, FLORIDA, AMENDING ARTICLE VI, 7
“FLOODPLAIN MANAGEMENT,” OF CHAPTER 20, “PLANNING AND 8
DEVELOPMENT OF THE TOWN CODE OF ORDINANCES TO UPDATE 9
THE DATE OF THE FLOOD INSURANCE STUDY AND FLOOD 10
INSURANCE MAPS, ADOPT A REQUIREMENT FOR THE 11
ACCUMULATION OF THE COST OF IMPROVEMENTS OVER A 12
THREE-YEAR PERIOD, AND PROVIDE FOR GENERAL UPDATES FOR 13
THE TOWN’S CONTINUED PARTICIPATION IN THE NATIONAL 14
FLOOD INSURANCE PROGRAM; PROVIDING FOR A FISCAL IMPACT 15
STATEMENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR 16
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR 17
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 18
19
WHEREAS, the Florida Legislature has, in Chapter 166, Florida Statutes, 20
“Municipalities,” conferred upon local governments the authority to adopt regulations designed to 21
promote the public health, safety, and general welfare of its citizenry; and 22
23
WHEREAS, the Town of Highland Beach participates in the National Flood Insurance 24
Program, and the Town Commission desires to continue to meet the requirements of Title 44 Code 25
of Federal Regulations, Sections 59 and 60, necessary for such participation; and 26
27
WHEREAS, the Federal Emergency Management Agency has revised and reissued the 28
Flood Insurance Study for Palm Beach County, Florida and Incorporated Areas, with an effective 29
date of December 20, 2024; and 30
31
WHEREAS, the Town Commission has determined that it is in the public interest to 32
amend Article VI, “Floodplain Regulations,” of Chapter 20 of the Town Code of Ordinances to 33
identify the effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps ; 34
and 35
36
WHEREAS, Chapter 553, Florida Statutes, allows for local administrative and technical 37
amendments to the Florida Building Code that provide for more stringent requirements than those 38
specified in the Code and allows adoption of local administrative and local technical amendments 39
to the Florida Building Code to implement the National Flood Insurance Program and incent ives; 40
and 41
42
WHEREAS, the Town Commission is adopting a requirement to require accumulation of 43
costs of improvements and repairs of buildings in flood hazard areas, based on issued building 44
permits, over a three-year period, for the purpose of participating in the National Flood Insurance 45
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Proposed Ordinance
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Program’s Community Rating System and, pursuant to section 553.73(5), Florida Statutes, is 1
formatting that requirement to coordinate with the Florida Building Code; and 2
3
WHEREAS, the Town Commission has determined that it is in the public interest to adopt 4
the proposed local technical amendments to the Florida Building Code, and the proposed 5
amendments are not more stringent than necessary to address the need identified, do not 6
discriminate against materials, products, or construction techniques of demonstrated capabilities, 7
are in compliance with Section 553.73(4), Florida Statutes. 8
9
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 10
TOWN OF HIGHLAND BEACH, FLORIDA AS FOLLOWS: 11
12
Section 1. The foregoing facts and recitations contained in the preamble to this 13
Ordinance are hereby adopted and incorporated as if fully set forth herein. 14
15
Section 2. The Town Commission hereby amends Article VI, “Floodplain 16
Management,” of Chapter 20, “Planning and Development,” to read as follows (additional 17
language underlined and deleted language stricken through): 18
19
ARTICLE VI. FLOODPLAIN MANAGEMENT 20
21
DIVISION 1. ADMINISTRATION 22
23
Sec. 20-340. General. 24
25
(a) Title. These regulations shall be known as the Floodplain Management Ordinance of the 26
Town of Highland Beach, hereinafter referred to as "this article." 27
28
(b) Scope. The provisions of this chapter shall apply to all development that is wholly within or 29
partially within any flood hazard area, including but not limited to the subdivision of land; 30
filling, grading, and other site improvements and utility installations; construction, alteration, 31
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of 32
buildings, structures, and facilities that are exempt from the Florida Building Code; 33
placement, installation, or replacement of manufactured homes and manufactured buildings; 34
installation or replacement of tanks; placement of recreational vehicles; installation of 35
swimming pools; and any other development. 36
37
(c) Intent. The purposes of this article and the flood load and flood resistant construction 38
requirements of the Florida Building Code are to establish minimum requirements to 39
safeguard the public health, safety, and general welfare and to minimize public and private 40
losses due to flooding through regulation of development in flood hazard areas to: 41
42
(1) Minimize unnecessary disruption of commerce, access and public service during times 43
of flooding; 44
45
(2) Require the use of appropriate construction practices in order to prevent or minimize 46
future flood damage; 47
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Proposed Ordinance
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1
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 2
storage of equipment or materials, and other development which may increase flood 3
damage or erosion potential; 4
5
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize 6
the impact of development on the natural and beneficial functions of the floodplain; 7
8
(5) Minimize damage to public and private facilities and utilities; 9
10
(6) Help maintain a stable tax base by providing for the sound use and development of flood 11
hazard areas; 12
13
(7) Minimize the need for future expenditure of public funds for flood control projects and 14
response to and recovery from flood events; and 15
16
(8) Meet the requirements of the National Flood Insurance Program for community 17
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 18
19
(d) Coordination with the Florida Building Code. This article is intended to be administered and 20
enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the 21
edition of the standard that is referenced by the Florida Building Code. 22
23
(e) Warning. The degree of flood protection required by this article and the Florida Building 24
Code, as amended by this community, is considered the minimum reasonable for regulatory 25
purposes and is based on scientific and engineering considerations. Larger floods can and will 26
occur. Flood heights may be increased by man-made or natural causes. This article does not 27
imply that land outside of mapped special flood hazard areas, or that uses permitted within 28
such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas 29
and base flood elevations contained in the flood insurance study and shown on flood insurance 30
rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 31
may be revised by the Federal Emergency Management Agency, requiring this community to 32
revise these regulations to remain eligible for participation in the National Flood Insurance 33
Program. No guaranty of vested use, existing use, or future use is implied or expressed by 34
compliance with this article. 35
36
(f) Disclaimer of liability. This article shall not create liability on the part of the town commission 37
of the Town of Highland Beach or by any officer or employee thereof for any flood damage 38
that results from reliance on this article or any administrative decision lawfully made 39
thereunder. 40
41
Sec. 20-341. Applicability. 42
43
(a) General. Where there is a conflict between a general requirement and a specific requirement, 44
the specific requirement shall be applicable. 45
46
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Proposed Ordinance
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(b) Areas to which this article applies. This article shall apply to all flood hazard areas within the 1
Town of Highland Beach, as established in subsection 20-341(c) of this article. 2
3
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Palm Beach County, 4
Florida and Incorporated Areas dated October 5, 2017 December 20, 2024, and all subsequent 5
amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all 6
subsequent amendments and revisions to such maps, are adopted by reference as a part of this 7
section and shall serve as the minimum basis for establishing flood hazard areas. Studies and 8
maps that establish flood hazard areas are on file at the Town Hall, 3614 South Ocean 9
Boulevard, Highland Beach, Florida 33487. 10
11
(1) Submission of additional data to establish flood hazard areas. To establish flood hazard 12
areas and base flood elevations, pursuant to section 20-344 of this article the floodplain 13
administrator may require submission of additional data. Where field surveyed 14
topography prepared by a Florida licensed professional surveyor or digital topography 15
accepted by the community indicates that ground elevations: 16
17
a. Are below the closest applicable base flood elevation, even in areas not delineated 18
as a special flood hazard area on a FIRM, the area shall be considered as flood 19
hazard area and subject to the requirements of this article and, as applicable, the 20
requirements of the Florida Building Code. 21
22
b. Are above the closest applicable base flood elevation, the area shall be regulated as 23
special flood hazard area unless the applicant obtains a letter of map change that 24
removes the area from the special flood hazard area. 25
26
(d) Other laws. The provisions of this article shall not be deemed to nullify any provisions of 27
local, state or federal law. 28
29
(e) Abrogation and greater restrictions. This article supersedes any ordinance in effect for 30
management of development in flood hazard areas. However, it is not intended to repeal or 31
abrogate any existing ordinances including but not limited to land development regulations, 32
zoning ordinances, stormwater management regulations, or the Florida Building Code. In the 33
event of a conflict between this article and any other ordinance, the more restrictive shall 34
govern. This article shall not impair any deed restriction, covenant or easement, but any land 35
that is subject to such interests shall also be governed by this article. 36
37
(f) Interpretation. In the interpretation and application of this article, all provisions shall be: 38
39
(1) Considered as minimum requirements; 40
41
(2) Liberally construed in favor of the governing body; and 42
43
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. 44
45
46
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Proposed Ordinance
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Sec. 20-342. Duties and powers of the floodplain administrator. 1
2
(a) Designation. The building official is designated as the floodplain administrator. The 3
floodplain administrator may delegate performance of certain duties to other employees. 4
5
(b) General. The floodplain administrator is authorized and directed to administer and enforce 6
the provisions of this article. The floodplain administrator shall have the authority to render 7
interpretations of this article consistent with the intent and purpose of this article and may 8
establish policies and procedures in order to clarify the application of its provisions. Such 9
interpretations, policies, and procedures shall not have the effect of waiving requirements 10
specifically provided in this article without the granting of a variance pursuant to section 20-11
346 of this article. 12
13
(c) Applications and permits. The floodplain administrator, in coordination with other pertinent 14
offices of the community, shall: 15
16
(1) Review applications and plans to determine whether proposed new development will be 17
located in flood hazard areas; 18
19
(2) Review applications for modification of any existing development in flood hazard areas 20
for compliance with the requirements of this article; 21
22
(3) Interpret flood hazard area boundaries where such interpretation is necessary to 23
determine the exact location of boundaries; a person contesting the determination shall 24
have the opportunity to appeal the interpretation; 25
26
(4) Provide available flood elevation and flood hazard information; 27
28
(5) Determine whether additional flood hazard data shall be obtained from other sources or 29
shall be developed by an applicant; 30
31
(6) Review applications to determine whether proposed development will be reasonably safe 32
from flooding; 33
34
(7) Issue floodplain development permits or approvals for development other than buildings 35
and structures that are subject to the Florida Building Code, including buildings, 36
structures and facilities exempt from the Florida Building Code, when compliance with 37
this article is demonstrated, or disapprove the same in the event of noncompliance; and 38
39
(8) Coordinate with and provide comments to the building official to assure that 40
applications, plan reviews, and inspections for buildings and structures in flood hazard 41
areas comply with the applicable provisions of this article. 42
43
(d) Substantial improvement and substantial damage determinations. For applications for 44
building permits to improve buildings and structures, including alterations, movement, 45
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, 46
renovations, substantial improvements, repairs of substantial damage, and any other 47
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Proposed Ordinance
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improvement of or work on such buildings and structures, the floodplain administrator, in 1
coordination with the building official, shall: 2
3
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market 4
value prepared by a qualified independent appraiser, of the building or structure before 5
the start of construction of the proposed work; in the case of repair, the market value of 6
the building or structure shall be the market value before the damage occurred and before 7
any repairs are made; 8
9
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to 10
its pre-damaged condition, or the combined costs of improvements and repairs, if 11
applicable, to the market value of the building or structure; 12
13
(3) Determine and document whether the proposed work constitutes substantial 14
improvement or repair of substantial damage; the determination requires evaluation of 15
previous permits issued for improvements and repairs as specified in the definition of 16
“substantial improvement;” and 17
18
(4) Notify the applicant if it is determined that the work constitutes substantial improvement 19
or repair of substantial damage and that compliance with the flood resistant construction 20
requirements of the Florida Building Code and this article is required. 21
22
(e) Modifications of the strict application of the requirements of the Florida Building Code. The 23
floodplain administrator shall review requests submitted to the building official that seek 24
approval to modify the strict application of the flood load and flood resistant construction 25
requirements of the Florida Building Code to determine whether such requests require the 26
granting of a variance pursuant to section 20-346 of this article. 27
28
(f) Notices and orders. The floodplain administrator shall coordinate with appropriate local 29
agencies for the issuance of all necessary notices or orders to ensure compliance with this 30
article. 31
32
(g) Inspections. The floodplain administrator shall make the required inspections as specified in 33
section 20-345 of this article for development that is not subject to the Florida Building Code, 34
including buildings, structures and facilities exempt from the Florida Building Code. The 35
floodplain administrator shall inspect flood hazard areas to determine if development is 36
undertaken without issuance of a permit. 37
38
(h) Other duties of the floodplain administrator. The floodplain administrator shall have other 39
duties, including but not limited to: 40
41
(1) Establish, in coordination with the building official, procedures for administering and 42
documenting determinations of substantial improvement and substantial damage made 43
pursuant to subsection 20-342(d) of this article; 44
45
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Proposed Ordinance
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(2) Require that applicants proposing alteration of a watercourse notify adjacent 1
communities and the Florida Division of Emergency Management, state floodplain 2
management office, and submit copies of such notifications to the Federal Emergency 3
Management Agency (FEMA); 4
5
(23) Require applicants who submit hydrologic and hydraulic engineering analyses to support 6
permit applications to submit to FEMA the data and information necessary to maintain 7
the flood insurance rate maps if the analyses propose to change base flood elevations, or 8
flood hazard area boundaries, or floodway designations; such submissions shall be made 9
within six (6) months of such data becoming available; 10
11
(34) Review required design certifications and documentation of elevations specified by this 12
article and the Florida Building Code to determine that such certifications and 13
documentations are complete; 14
15
(45) Notify the Federal Emergency Management Agency when the corporate boundaries of 16
the Town of Highland Beach are modified; and 17
18
(56) Advise applicants for new buildings and structures, including substantial improvements, 19
that are located in any unit of the coastal barrier resources system established by the 20
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement 21
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such 22
construction; areas subject to this limitation are identified on flood insurance rate maps 23
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." 24
25
(i) Floodplain management records. Regardless of any limitation on the period required for 26
retention of public records, the floodplain administrator shall maintain and permanently keep 27
and make available for public inspection all records that are necessary for the administration 28
of this article and the flood resistant construction requirements of the Florida Building Code, 29
including flood insurance rate maps; letters of map change; records of issuance of permits 30
and denial of permits; determinations of whether proposed work constitutes substantial 31
improvement or repair of substantial damage; required design certifications and 32
documentation of elevations specified by the Florida Building Code and this article; 33
notifications to adjacent communities, FEMA, and the state related to alterations of 34
watercourses; assurances that the flood carrying capacity of altered watercourses will be 35
maintained; documentation related to appeals and variances, including justification for 36
issuance or denial; and records of enforcement actions taken pursuant to this article and the 37
flood resistant construction requirements of the Florida Building Code. These records shall 38
be available for public inspection at the Town of Highland Beach, Town Hall, 3614 S. Ocean 39
Blvd., Highland Beach, FL 33487. 40
41
Sec. 20-343. Permits. 42
43
(a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who 44
intends to undertake any development activity within the scope of this article, including 45
buildings, structures and facilities exempt from the Florida Building Code, which is wholly 46
within or partially within any flood hazard area shall first make application to the floodplain 47
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Proposed Ordinance
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administrator, and the building official if applicable, and shall obtain the required permit(s) 1
and approval(s). No such permit or approval shall be issued until compliance with the 2
requirements of this article and all other applicable codes and regulations has been satisfied. 3
4
(b) Floodplain development permits or approvals. Floodplain development permits or approvals 5
shall be issued pursuant to this article for any development activities not subject to the 6
requirements of the Florida Building Code, including buildings, structures and facilities 7
exempt from the Florida Building Code. Depending on the nature and extent of proposed 8
development that includes a building or structure, the floodplain administrator may determine 9
that a floodplain development permit or approval is required in addition to a building permit. 10
11
(1) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to 12
the requirements of federal regulation for participation in the National Flood Insurance 13
Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals 14
shall be required for the following buildings, structures and facilities that are exempt 15
from the Florida Building Code and any further exemptions provided by law, which are 16
subject to the requirements of this article: 17
18
a. Railroads and ancillary facilities associated with the railroad. 19
20
b. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 21
22
c. Temporary buildings or sheds used exclusively for construction purposes. 23
24
d. Mobile or modular structures used as temporary offices. 25
26
e. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., 27
which are directly involved in the generation, transmission, or distribution of 28
electricity. 29
30
f. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the 31
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an 32
open-sided wooden hut that has a thatched roof of palm or palmetto or other 33
traditional materials, and that does not incorporate any electrical, plumbing, or other 34
non-wood features. 35
36
g. Family mausoleums not exceeding two hundred fifty (250) square feet in area 37
which are prefabricated and assembled on site or preassembled and delivered on 38
site and have walls, roofs, and a floor constructed of granite, marble, or reinforced 39
concrete. 40
41
h. Temporary housing provided by the department of corrections to any prisoner in 42
the state correctional system. 43
44
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Proposed Ordinance
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i. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida 1
Building Code if such structures are located in flood hazard areas established on 2
flood insurance rate maps. 3
4
(c) Application for a permit or approval. To obtain a floodplain development permit or approval 5
the applicant shall first file an application in writing on a form furnished by the community. 6
The information provided shall: 7
8
(1) Identify and describe the development to be covered by the permit or approval. 9
10
(2) Describe the land on which the proposed development is to be conducted by legal 11
description, street address or similar description that will readily identify and definitively 12
locate the site. 13
14
(3) Indicate the use and occupancy for which the proposed development is intended. 15
16
(4) Be accompanied by a site plan or construction documents as specified in section 20-344 17
of this article. 18
19
(5) State the valuation of the proposed work. 20
21
(6) Be signed by the applicant or the applicant's authorized agent. 22
23
(7) Give such other data and information as required by the Floodplain Administrator. 24
25
(d) Validity of permit or approval. The issuance of a floodplain development permit or approval 26
pursuant to this article shall not be construed to be a permit for, or approval of, any violation 27
of this article, the Florida Building Codes, or any other ordinance of this community. The 28
issuance of permits based on submitted applications, construction documents, and 29
information shall not prevent the floodplain administrator from requiring the correction of 30
errors and omissions. 31
32
(e) Expiration. A floodplain development permit or approval shall become invalid unless the 33
work authorized by such permit is commenced within one hundred eighty (180) days after its 34
issuance, or if the work authorized is suspended or abandoned for a period of one hundred 35
eighty (180) days after the work commences. Extensions for periods of not more than one 36
hundred eighty (180) days each shall be requested in writing and justifiable cause shall be 37
demonstrated. 38
39
(f) Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a 40
floodplain development permit or approval if the permit was issued in error, on the basis of 41
incorrect, inaccurate or incomplete information, or in violation of this article or any other 42
ordinance, regulation or requirement of this community. 43
44
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Proposed Ordinance
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(g) Other permits required. Floodplain development permits and building permits shall include 1
a condition that all other applicable state or federal permits be obtained before 2
commencement of the permitted development, including but not limited to the following: 3
4
(1) The South Florida Water Management District; section 373.036, F.S. 5
6
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section 7
381.0065, F.S. and Chapter 64E-6, F.A.C. 8
9
(3) Florida Department of Environmental Protection for construction, reconstruction, 10
changes, or physical activities for shore protection or other activities seaward of the 11
coastal construction control line; section 161.141, F.S. 12
13
(4) Florida Department of Environmental Protection for activities subject to the Joint 14
Coastal Permit; section 161.055, F.S. 15
16
(5) Florida Department of Environmental Protection for activities that affect wetlands and 17
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 18
404 of the Clean Water Act. 19
20
(6) Federal permits and approvals. 21
22
Sec. 20-344. Site plans and construction documents. 23
24
(a) Information for development in flood hazard areas. The site plan or construction documents 25
for any development subject to the requirements of this article shall be drawn to scale and 26
shall include, as applicable to the proposed development: 27
28
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood 29
elevation(s), and ground elevations if necessary for review of the proposed development. 30
31
(2) Location of the proposed activity and proposed structures, and locations of existing 32
buildings and structures; in coastal high hazard areas, new buildings shall be located 33
landward of the reach of mean high tide. 34
35
(3) Location, extent, amount, and proposed final grades of any filling, grading, or 36
excavation. 37
38
(4) Where the placement of fill is proposed, the amount, type, and source of fill material; 39
compaction specifications; a description of the intended purpose of the fill areas; and 40
evidence that the proposed fill areas are the minimum necessary to achieve the intended 41
purpose. 42
43
(5) Delineation of the coastal construction control line or notation that the site is seaward of 44
the coastal construction control line, if applicable. 45
46
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Proposed Ordinance
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(6) Extent of any proposed alteration of sand dunes or mangrove stands, provided such 1
alteration is approved by the Florida Department of Environmental Protection. 2
3
(7) Existing and proposed alignment of any proposed alteration of a watercourse. 4
5
The floodplain administrator is authorized to waive the submission of site plans, construction 6
documents, and other data that are required by this article but that are not required to be 7
prepared by a registered design professional if it is found that the nature of the proposed 8
development is such that the review of such submissions is not necessary to ascertain 9
compliance with this article. 10
11
(b) Additional analyses and certifications. For activities that propose to alter sand dunes or 12
mangrove stands in coastal high hazard areas (zone V), the applicant shall submit with the 13
site plan and construction documents an engineering analysis prepared, signed, and sealed by 14
a Florida licensed engineer that demonstrates that the proposed alteration will not increase 15
the potential for flood damage. As applicable to the location and nature of the proposed 16
development activity, and in addition to the requirements of this section, the applicant shall 17
have the following analyses signed and sealed by a Florida licensed engineer for submission 18
with the site plan and construction documents: 19
20
(1) For development activities proposed to be located in a regulatory floodway, a floodway 21
encroachment analysis that demonstrates that the encroachment of the proposed 22
development will not cause any increase in base flood elevations; where the applicant 23
proposes to undertake development activities that do increase base flood elevations, the 24
applicant shall submit such analysis to FEMA as specified in section 20-344(c) of this 25
article and shall submit the conditional letter of map revision, if issued by FEMA, with 26
the site plan and construction documents. 27
28
(2) For development activities proposed to be located in a riverine flood hazard area for 29
which base flood elevations are included in the flood insurance study or on t he FIRM 30
and floodways have not been designated, hydrologic and hydraulic analyses that 31
demonstrate that the cumulative effect of the proposed development, when combined 32
with all other existing and anticipated flood hazard area encroachments, will not increase 33
the base flood elevation more than one (1) foot at any point within the community. This 34
requirement does not apply in isolated flood hazard areas not connected to a riverine 35
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 36
37
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with 38
standard engineering practices which demonstrates that the flood-carrying capacity of 39
the altered or relocated portion of the watercourse will not be decreased, and certification 40
that the altered watercourse shall be maintained in a manner which preserves the 41
channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as 42
specified in subsection 20-344(c) of this article. 43
44
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Proposed Ordinance
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(4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard 1
areas (Zone V), an engineering analysis that demonstrates that the proposed alteration 2
will not increase the potential for flood damage. 3
4
(c) Submission of additional data. When additional hydrologic, hydraulic or other engineering 5
data, studies, and additional analyses are submitted to support an application, the applicant 6
has the right to seek a letter of map change from FEMA to change the base flood elevations, 7
change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, 8
and to submit such data to FEMA for such purposes. The analyses shall be prepared by a 9
Florida licensed engineer in a format required by FEMA. Submittal requirements and 10
processing fees shall be the responsibility of the applicant. 11
12
Sec. 20-345. Inspections. 13
14
(a) General. Development for which a floodplain development permit or approval is required 15
shall be subject to inspection. 16
17
(1) Development other than buildings and structures. The floodplain administrator shall 18
inspect all development to determine compliance with the requirements of this article 19
and the conditions of issued floodplain development permits or approvals. 20
21
(2) Buildings, structures and facilities exempt from the Florida Building Code. The 22
floodplain administrator shall inspect buildings, structures and facilities exempt from the 23
Florida Building Code to determine compliance with the requirements of this article and 24
the conditions of issued floodplain development permits or approvals. 25
26
a. Buildings, structures and facilities exempt from the Florida Building Code, lowest 27
floor inspection. Upon placement of the lowest floor, including basement, and prior 28
to further vertical construction, the owner of a building, structure or facility exempt 29
from the Florida Building Code, or the owner's authorized agent, shall submit to the 30
floodplain administrator the certification of elevation of the lowest floor prepared 31
and sealed by a Florida licensed professional surveyor. 32
33
b. Buildings, structures and facilities exempt from the Florida Building Code, final 34
inspection. As part of the final inspection, the owner or owner's authorized agent 35
shall submit to the floodplain administrator a final certification of elevation of the 36
lowest floor or final documentation of the height of the lowest floor above the 37
highest adjacent grade; such certifications and documentations shall be prepared as 38
specified in subsection 20-345(a)(2)a. of this article. 39
40
(3) Manufactured homes. The floodplain administrator shall inspect manufactured homes 41
that are installed or replaced in flood hazard areas to determine compliance with the 42
requirements of this article and the conditions of the issued permit. Upon placement of 43
a manufactured home, certification of the elevation of the lowest floor shall be submitted 44
to the floodplain administrator. 45
46
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Proposed Ordinance
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Sec. 20-346. Variances and appeals. 1
2
(a) General. The Highland Beach Board of Adjustment and Appeals ("board of adjustment and 3
appeals") shall hear and decide on requests for appeals and shall hear and/or make 4
recommendations on requests for variances from the strict application of this article. Pursuant 5
to F.S. § 553.73(5), either the town commission or the board of adjustment and appeals shall 6
hear and decide requests for variances, as appropriate, and the board of adjustment and 7
appeals shall hear and decide requests for appeals from the strict application of the flood 8
resistant construction requirements of the Florida Building Code. This section does not apply 9
to Section 3109 of the Florida Building Code, Building. 10
11
(b) Appeals. The board of adjustment and appeals shall hear and decide appeals when it is alleged 12
there is an error in any requirement, decision, or determination made by the floodplain 13
administrator in the administration and enforcement of this article. Any person ag grieved by 14
the decision may appeal such decision to the circuit court, as provided by Florida Statutes. 15
16
(c) Limitations on authority to grant variances. As applicable, the board of adjustment and 17
appeals and the town commission shall base their recommendations and decisions on 18
variances on technical justifications submitted by applicants, the considerations for issuance 19
in subsection 20-346(e) of this article, the conditions of issuance set forth in section 20-346(f) 20
of this article, and the comments and recommendations of the floodplain administrator and 21
the building official. The board of adjustment and appeals and town commission have the 22
right to attach such conditions as they deem necessary to further the purposes and objectives 23
of this article. 24
25
(1) Restrictions in floodways. A variance shall not be issued for any proposed development 26
in a floodway if any increase in base flood elevations would result, as evidenced by the 27
applicable analyses and certifications required in subsection 20-344(b) of this article. 28
29
(d) Historic buildings. A variance is authorized to be issued for the repair, improvement, or 30
rehabilitation of a historic building that is determined eligible for the exception to the flood 31
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 32
12 Historic Buildings, upon a determination that the proposed repair, improvement, or 33
rehabilitation will not preclude the building's continued designation as a historic building and 34
the variance is the minimum necessary to preserve the historic character and design of the 35
building. If the proposed work precludes the building's continued designation as a historic 36
building, a variance shall not be granted and the building and any repair, improvement, and 37
rehabilitation shall be subject to the requirements of the Florida Building Code. 38
39
(e) Considerations for issuance of variances. In reviewing requests for variances, the board of 40
adjustment and appeals, and the town commission shall consider all technical evaluations, all 41
relevant factors, all other applicable provisions of the Florida Building Code, this article, and 42
the following: 43
44
(1) The danger that materials and debris may be swept onto other lands resulting in further 45
injury or damage; 46
47
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Proposed Ordinance
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(2) The danger to life and property due to flooding or erosion damage; 1
2
(3) The susceptibility of the proposed development, including contents, to flood damage and 3
the effect of such damage on current and future owners; 4
5
(4) The importance of the services provided by the proposed development to the community; 6
7
(5) The availability of alternate locations for the proposed development that are subject to 8
lower risk of flooding or erosion; 9
10
(6) The compatibility of the proposed development with existing and anticipated 11
development; 12
13
(7) The relationship of the proposed development to the comprehensive plan and floodplain 14
management program for the area; 15
16
(8) The safety of access to the property in times of flooding for ordinary and emergency 17
vehicles; 18
19
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport 20
of the floodwaters and the effects of wave action, if applicable, expected at the site; and 21
22
(10) The costs of providing governmental services during and after flood conditions including 23
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and 24
water systems, streets and bridges. 25
26
(f) Conditions for issuance of variances. Variances shall be issued only upon: 27
28
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique 29
characteristics of the size, configuration, or topography of the site limit compliance with 30
any provision of this article or the required elevation standards; 31
32
(2) Determination by the board of adjustment and appeals, and the town commission that: 33
34
a. Failure to grant the variance would result in exceptional hardship due to the physical 35
characteristics of the land that render the lot undevelopable; increased costs to 36
satisfy the requirements or inconvenience do not constitute hardship; 37
38
b. The granting of a variance will not result in increased flood heights, additional 39
threats to public safety, extraordinary public expense, nor create nuisances, cause 40
fraud on or victimization of the public or conflict with existing local laws and 41
ordinances; and 42
43
c. The variance is the minimum necessary, considering the flood hazard, to afford 44
relief; 45
46
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Proposed Ordinance
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(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be 1
recorded in the office of the clerk of the court in such a manner that it appears in the 2
chain of title of the affected parcel of land; and 3
4
(4) If the request is for a variance to allow construction of the lowest floor of a new building, 5
or substantial improvement of a building, below the required elevation, a copy in the 6
record of a written notice from the floodplain administrator to the applicant for the 7
variance, specifying the difference between the base flood elevation and the proposed 8
elevation of the lowest floor, stating that the cost of federal flood insurance will be 9
commensurate with the increased risk resulting from the reduced floor elevation (up to 10
amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of 11
insurance coverage), and stating that construction below the base flood elevation 12
increases risks to life and property. 13
14
Sec. 20-347. Violations. 15
16
(a) Violations. Any development that is not within the scope of the Florida Building Code but 17
that is regulated by this article that is performed without an issued permit, that is in conflict 18
with an issued permit, or that does not fully comply with this article, shall be deemed a 19
violation of this article. A building or structure without the documentation of elevation of the 20
lowest floor, other required design certifications, or other evidence of compliance required 21
by this article or the Florida Building Code is presumed to be a violation until such time as 22
that documentation is provided. 23
24
(b) Authority. For development that is not within the scope of the Florida Building Code but that 25
is regulated by this article and that is determined to be a violation, the floodplain administrator 26
is authorized to serve notices of violation or stop work orders to owners of the property 27
involved, to the owner's agent, or to the person or persons performing the work. 28
29
(c) Unlawful continuance. Any person who shall continue any work after having been served 30
with a notice of violation or a stop work order, except such work as that person is directed to 31
perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as 32
prescribed by law. 33
34
DIVISION 2. DEFINITIONS 35
36
Sec. 20-348. General. 37
38
(a) Scope. Unless otherwise expressly stated, the following words and terms shall, for the 39
purposes of this article, have the meanings shown in this section. 40
41
(b) Terms defined in the Florida Building Code. Where terms are not defined in this article and 42
are defined in the Florida Building Code, such terms shall have the meanings ascribed to them 43
in that code. 44
45
(c) Terms not defined. Where terms are not defined in this article or the Florida Building Code, 46
such terms shall have ordinarily accepted meanings such as the context implies. 47
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Proposed Ordinance
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Sec. 20-349. Definitions. 1
2
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel 3
alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, 4
or any other form of modification which may alter, impede, retard or change the direction and/or 5
velocity of the riverine flow of water during conditions of the base flood. 6
7
Appeal. A request for a review of the floodplain administrator's interpretation of any provision 8
of this [article]. 9
10
ASCE 24A standard titled Flood Resistant Design and Construction that is referenced by the 11
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil 12
Engineers, Reston, VA. 13
14
Base flood. A flood having a one-percent chance of being equaled or exceeded in any given 15
year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-16
year flood" or the "one-percent-annual chance flood." 17
18
Base flood elevation. The elevation of the base flood, including wave height, relative to the 19
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other 20
datum specified on the flood insurance rate map (FIRM). [Also defined in FBC, B, Section 202.] 21
22
Basement. The portion of a building having its floor subgrade (below ground level) on all 23
sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".] 24
25
Coastal construction control line. The line established by the State of Florida pursuant to 26
section 161.053, F.S., and recorded in the official records of the community, which defines that 27
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, 28
storm waves or other predictable weather conditions. 29
30
Coastal high hazard area. A special flood hazard area extending from offshore to the inland 31
limit of a primary frontal dune along an open coast and any other area subject to high velocity 32
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high 33
hazard areas subject to high velocity wave action" or "V Zones" and are designated on flood 34
insurance rate maps (FIRM) as Zone V1-V30, VE, or V. 35
36
Design flood. The flood associated with the greater of the following two (2) areas: [Also 37
defined in FBC, B, Section 202.1 38
39
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; 40
or 41
42
(2) Area designated as a flood hazard area on the community's flood hazard map, or 43
otherwise legally designated. 44
45
Design flood elevation. The elevation of the "design flood," including wave height, relative 46
to the datum specified on the community's legally designated flood hazard map. In areas designated 47
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Proposed Ordinance
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as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the 1
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas 2
designated as Zone AO where the depth number is not specified on the map, the depth number 3
shall be taken as being equal to two (2) feet. [Also defined in FBC, B, Section 202.] 4
5
Development. Any man-made change to improved or unimproved real estate, including but 6
not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent 7
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling 8
operations or any other land disturbing activities. 9
10
Encroachment. The placement of fill, excavation, buildings, permanent structures or other 11
development into a flood hazard area which may impede or alter the flow capacity of riverine flood 12
hazard areas. 13
14
Existing building and existing structure. Any buildings and structures for which the "start of 15
construction" commenced before October 16, 1970. [Also defined in FBC, B, Section 202.1 16
17
Existing manufactured home park or subdivision. A manufactured home park or subdivision 18
for which the construction of facilities for servicing the lots on which the manufactured homes are 19
to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and 20
either final site grading or the pouring of concrete pads) is completed before October 16, 1970. 21
22
Expansion to an existing manufactured home park or subdivision. The preparation of 23
additional sites by the construction of facilities for servicing the lots on which the manufactured 24
homes are to be affixed (including the installation of utilities, the construction of streets, and either 25
final site grading or the pouring of concrete pads). 26
27
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to 28
carrying out other functions, administers the National Flood Insurance Program. 29
30
Flood or flooding. A general and temporary condition of partial or complete inundation of 31
normally dry land from: [Also defined in FBC, B, Section 202.1 32
33
(1) The overflow of inland or tidal waters. 34
35
(2) The unusual and rapid accumulation or runoff of surface waters from any source. 36
37
Flood damage-resistant materials. Any construction material capable of withstanding direct 38
and prolonged contact with floodwaters without sustaining any damage that requires more than 39
cosmetic repair. [Also defined in FBC, B, Section 202.] 40
41
Flood hazard area. The greater of the following two (2) areas: [Also defined in FBC, B, 42
Section 202.] 43
44
(1) The area within a floodplain subject to a one-percent or greater chance of flooding in 45
any year. 46
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Proposed Ordinance
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1
(2) The area designated as a flood hazard area on the community's flood hazard map, or 2
otherwise legally designated. 3
4
Flood insurance rate map (FIRM). The official map of the community on which the Federal 5
Emergency Management Agency has delineated both special flood hazard areas and the risk 6
premium zones applicable to the community. [Also defined in FBC, B, Section 202.] 7
8
Flood insurance study (FIS). The official report provided by the Federal Emergency 9
Management Agency that contains the flood insurance rate map, the flood boundary and floodway 10
map (if applicable), the water surface elevations of the base flood, and supporting technical data. 11
[Also defined in FBC, B, Section 202.] 12
13
Floodplain administrator. The office or position designated and charged with the 14
administration and enforcement of this article (may be referred to as the floodplain manager). 15
16
Floodplain development permit or approval. An official document or certificate issued by the 17
community, or other evidence of approval or concurrence, which authorizes performance of 18
specific development activities that are located in flood hazard areas and that are determined to be 19
compliant with this article. 20
21
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas 22
that must be reserved in order to discharge the base flood without cumulatively increasing the 23
water surface elevation more than one foot. [Also defined in FBC, B, Section 202.] 24
25
Floodway encroachment analysis. An engineering analysis of the impact that a proposed 26
encroachment into a floodway is expected to have on the floodway boundaries and base flood 27
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard 28
engineering methods and models. 29
30
Florida Building Code. The family of codes adopted by the Florida Building Commission, 31
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building 32
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; 33
Florida Building Code, Fuel Gas. 34
35
Highest adjacent grade. The highest natural elevation of the ground surface prior to 36
construction next to the proposed walls or foundation of a structure. 37
38
Historic structure. Any structure that is determined eligible for the exception to the flood 39
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic 40
Buildings. 41
42
Letter of map change (LOMC). An official determination issued by FEMA that amends or 43
revises an effective flood insurance rate map or flood insurance study. Letters of map change 44
include: 45
46
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Proposed Ordinance
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(1) Letter of map amendment (LOMA): An amendment based on technical data showing that 1
a property was incorrectly included in a designated special flood hazard area. A LOMA 2
amends the current effective flood insurance rate map and establishes that a specific property, 3
portion of a property, or structure is not located in a special flood hazard area. 4
5
(2) Letter of map revision (LOMR): A revision based on technical data that may show 6
changes to flood zones, flood elevations, special flood hazard area boundaries and floodway 7
delineations, and other planimetric features. 8
9
(3) Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel 10
of land has been elevated by fill above the base flood elevation and is, therefore, no longer 11
located within the special flood hazard area. In order to qualify for this determination, the fill 12
must have been permitted and placed in accordance with the community's floodplain 13
management regulations. 14
15
(4) Conditional letter of map revision (CLOMR): A formal review and comment as to 16
whether a proposed flood protection project or other project complies with the minimum 17
NFIP requirements for such projects with respect to delineation of special flood hazard areas. 18
A CLOMR does not revise the effective flood insurance rate map or flood insurance study; 19
upon submission and approval of certified as-built documentation, a letter of map revision 20
may be issued by FEMA to revise the effective FIRM. 21
22
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand 23
five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb 24
weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-25
five (45) square feet or less, which is: 26
27
(1) Designed primarily for purposes of transportation of property or is a derivation of such 28
a vehicle, or 29
30
(2) Designed primarily for transportation of persons and has a capacity of more than twelve 31
(12) persons; or 32
33
(3) Available with special features enabling off-street or off-highway operation and use. 34
35
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including 36
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable 37
solely for vehicle parking, building access or limited storage provided that such enclosure is not 38
built so as to render the structure in violation of the non-elevation requirements of the Florida 39
Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] 40
41
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet 42
or more in width and greater than four hundred (400) square feet, and which is built on a 43
permanent, integral chassis and is designed for use with or without a permanent foundation when 44
attached to the required utilities. The term "manufactured home" does not include a "recreational 45
vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] 46
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Proposed Ordinance
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Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into 1
two (2) or more manufactured home lots for rent or sale. 2
3
Market value. The price at which a property will change hands between a willing buyer and 4
a willing seller, neither party being under compulsion to buy or sell and both having reasonable 5
knowledge of relevant facts. As used in this article, the term refers to the market value of buildings 6
and structures, excluding the land and other improvements on the parcel. Market value may be 7
established by a qualified independent appraiser, is the actual cash value (in-kind replacement cost 8
depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified 9
independent appraiser, or tax assessment value adjusted to approximate market value by a factor 10
provided by the county property appraiser. 11
12
New construction. For the purposes of administration of this article and the flood resistant 13
construction requirements of the Florida Building Code, structures for which the "start of 14
construction" commenced on or after October 16, 1970 and includes any subsequent improvements 15
to such structures. 16
17
New manufactured home park or subdivision. A manufactured home park or subdivision for 18
which the construction of facilities for servicing the lots on which the manufactured homes are to 19
be affixed (including at a minimum, the installation of utilities, the construction of streets, and 20
either final site grading or the pouring of concrete pads) is completed on or after October 16, 1970. 21
22
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the 23
beach. 24
25
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance 26
of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, 27
A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.] 28
29
Start of construction. The date of issuance of permits for new construction and substantial 30
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, 31
addition, placement, or other improvement is within one hundred eighty (180) days of the date of 32
the issuance. The actual start of construction means either the first placement of permanent 33
construction of a building (including a manufactured home) on a site, such as the pouring of slab 34
or footings, the installation of piles, the construction of columns. Permanent construction does not 35
include land preparation (such as clearing, grading, or filling), the installation of streets or 36
walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary 37
forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling 38
units or not part of the main buildings. For a substantial improvement, the actual "start of 39
construction" means the first alteration of any wall, ceiling, floor or other structural part of a 40
building, whether or not that alteration affects the external dimensions of the building. [Also 41
defined in FBC, B Section 202.] 42
43
Substantial damage. Damage of any origin sustained by a building or structure whereby the 44
cost of restoring the building or structure to its before-damaged condition would equal or exceed 45
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Proposed Ordinance
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fifty (50) forty-nine (49) percent of the market value of the building or structure before the damage 1
occurred. [Also defined in FBC, B Section 202.] 2
3
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or 4
other improvement of a building or structure taking place during a three (3) year period, the cost 5
of which equals or exceeds fifty (50) forty-nine (49) percent of the market value of the building or 6
structure before the improvement or repair is started. The period of accumulation begins when the 7
first improvement or repair of each building is permitted subsequent to [INSERT EFFECTIVE 8
DATE OF THIS ORDINANCE ON SECOND READING]. If the structure has incurred 9
“substantial damage,” any repairs are considered substantial improvement regardless of the actual 10
repair work performed. The term does not, however, include either: [Also defined in FBC, B, 11
Section 202.] 12
13
(1) Any project for improvement of a building required to correct existing health, sanitary, 14
or safety code violations identified by the building official and that are the minimum 15
necessary to assure safe living conditions.; or 16
17
(2) Any alteration of a historic structure provided the alteration will not preclude the 18
structure's continued designation as a historic structure. 19
20
Variance. A grant of relief from the requirements of this article, or the flood resistant 21
construction requirements of the Florida Building Code, which permits construction in a manner 22
that would not otherwise be permitted by this article or the Florida Building Code. 23
24
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or 25
over which water flows at least periodically. 26
27
DIVISION 3. FLOOD RESISTANT DEVELOPMENT 28
29
Sec. 20-350. Buildings and structures. 30
31
(a) Design and construction of buildings, structures and facilities exempt from the Florida 32
Building Code. Pursuant to subsection 20-343(b)(1) of this article, buildings, structures, and 33
facilities that are exempt from the Florida Building Code, including substantial improvement 34
or repair of substantial damage of such buildings, structures and facilities, shall be designed 35
and constructed in accordance with the flood load and flood resistant construction 36
requirements of ASCE 24. Structures exempt from the Florida Building Code that are not 37
walled and roofed buildings shall comply with the requirements of section 20-355 of this 38
article. 39
40
(b) Buildings and structures seaward of the coastal construction control line. If extending, in 41
whole or in part, seaward of the coastal construction control line and also located, in whole 42
or in part, in a flood hazard area: 43
44
Page 28
Proposed Ordinance
Page 22 of 29
(1) Buildings and structures shall be designed and constructed to comply with the more 1
restrictive applicable requirements of the Florida Building Code, Building Section 3109 2
and Section 1612 or Florida Building Code, Residential Section R322. 3
4
(2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., 5
shall be designed and constructed to comply with the intent and applicable provisions of 6
this article and ASCE 24. 7
8
(c) Florida Building Code technical amendment; cumulative substantial improvement. In 9
the Florida Building Code, Building, and Florida Building Code, Existing Building, 10
definitions for the term "Substantial Improvement" shall be as defined in Section 20-239 of 11
this article. 12
13
Sec. 20-351. Subdivisions. 14
15
(a) Minimum requirements. Subdivision proposals, including proposals for manufactured home 16
parks and subdivisions, shall be reviewed to determine that: 17
18
(1) Such proposals are consistent with the need to minimize flood damage and will be 19
reasonably safe from flooding; 20
21
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water 22
systems are located and constructed to minimize or eliminate flood damage; and 23
24
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and 25
AO, adequate drainage paths shall be provided to guide floodwaters around and away 26
from proposed structures. 27
28
(b) Subdivision plats. Where any portion of proposed subdivisions, including manufactured home 29
parks and subdivisions, lies within a flood hazard area, the following shall be required: 30
31
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design 32
flood elevations, as appropriate, shall be shown on preliminary plats; and 33
34
(2) Compliance with the site improvement and utilities requirements of section 20-352 of 35
this article. 36
37
Sec. 20-352. Site improvement, utilities and limitations. 38
39
(a) Minimum requirements. All proposed new development shall be reviewed to determine that: 40
41
(1) Such proposals are consistent with the need to minimize flood damage and will be 42
reasonably safe from flooding; 43
44
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water 45
systems are located and constructed to minimize or eliminate flood damage; and 46
Page 29
Proposed Ordinance
Page 23 of 29
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and 1
AO, adequate drainage paths shall be provided to guide floodwaters around and away 2
from proposed structures. 3
4
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage 5
treatment plants (including all pumping stations and collector systems), and on-site waste 6
disposal systems shall be designed in accordance with the standards for onsite sewage 7
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24Chapter 7 to minimize 8
or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into 9
flood waters, and impairment of the facilities and systems. 10
11
(c) Water supply facilities. All new and replacement water supply facilities shall be designed in 12
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and 13
ASCE 24Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 14
15
(d) Limitations on sites in regulatory floodways. No development, including but not limited to 16
site improvements, and land disturbing activity involving fill or regrading, shall be authorized 17
in the regulatory floodway unless the floodway encroachment analysis required in subsection 18
20-344(b)(1) of this article demonstrates that the proposed development or land disturbing 19
activity will not result in any increase in the base flood elevation. 20
21
(de) Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed 22
to be stable under conditions of flooding including rapid rise and rapid drawdown of 23
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In 24
addition to these requirements, if intended to support buildings and structures (Zone A only), 25
fill shall comply with the requirements of the Florida Building Code. 26
27
(ef) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, 28
alteration of sand dunes and mangrove stands shall be permitted only if such alteration is 29
approved by the Florida Department of Environmental Protection and only if the engineering 30
analysis required by subsection 20-344(b) 20-344(b)(4) of this article demonstrates that the 31
proposed alteration will not increase the potential for flood damage. Construction or 32
restoration of dunes under or around elevated buildings and structures shall comply with 33
subsection 20-355(e)(3) 20-355(h)(3) of this article. 34
35
Sec. 20-353. Manufactured homes. 36
37
Manufactured homes are not permitted in flood hazard areas. 38
39
(a) General. All manufactured homes installed in flood hazard areas shall be installed by an 40
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the 41
requirements of Chapter 15C-1, F.A.C. and the requirements of this article. If located seaward 42
of the coastal construction control line, all manufactured homes shall comply with the more 43
restrictive of the applicable requirements. 44
45
(b) Foundations. All new manufactured homes and replacement manufactured homes installed 46
in flood hazard areas shall be installed on permanent, reinforced foundations that: 47
Page 30
Proposed Ordinance
Page 24 of 29
1
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in 2
accordance with the foundation requirements of the Florida Building Code, Residential 3
Section R322.2 and this article. Foundations for manufactured homes subject to 4
subsection 20-353(d)(2) are permitted to be reinforced piers or other foundation 5
elements of at least equivalent strength. 6
7
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation 8
requirements of the Florida Building Code, Residential Section R322.3 and this article. 9
10
(c) Anchoring. All new manufactured homes and replacement manufactured homes shall be 11
installed using methods and practices which minimize flood damage and shall be securely 12
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral 13
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame 14
ties to ground anchors. This anchoring requirement is in addition to applicable state and local 15
anchoring requirements for wind resistance. 16
17
(d) Elevation. Manufactured homes that are placed, replaced, or substantially improved shall 18
comply with subsection 20-353(d)(1) or 20-353(d)(2) of this article, as applicable. 19
20
(1) General elevation requirement. Unless subject to the requirements of subsection 20-21
353(d)(2) of this article, all manufactured homes that are placed, replaced, or 22
substantially improved on sites located: (a) outside of a manu factured home park or 23
subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to 24
an existing manufactured home park or subdivision; or (d) in an existing manufactured 25
home park or subdivision upon which a manufactured home has incurred "substantial 26
damage" as the result of a flood, shall be elevated such that the bottom of the frame is at 27
or above the elevation required, as applicable to the flood hazard area, in the Florida 28
Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 29
30
(2) Elevation requirement for certain existing manufactured home parks and subdivisions. 31
Manufactured homes that are not subject to subsection 20-353(d)(1) of this article, 32
including manufactured homes that are placed, replaced, or substantially improved on 33
sites located in an existing manufactured home park or subdivision, unless on a site 34
where substantial damage as result of flooding has occurred, shall be elevated such that 35
either the: 36
37
a. Bottom of the frame of the manufactured home is at or above the elevation required, 38
as applicable to the flood hazard area, in the Florida Building Code, Residential 39
Section R322.2 (Zone A) or Section R322.3 (Zone V); or 40
41
b. Bottom of the frame is supported by reinforced piers or other foundation elements 42
of at least equivalent strength that are not less than thirty-six (36) inches in height 43
above grade. 44
45
Page 31
Proposed Ordinance
Page 25 of 29
(e) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the 1
requirements of the Florida Building Code, Residential Section R322.2 or R322.3 for such 2
enclosed areas, as applicable to the flood hazard area. 3
4
(f) Utility equipment. Utility equipment that serves manufactured homes, including electric, 5
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, 6
shall comply with the requirements of the Florida Building Code, Residential Section R322, 7
as applicable to the flood hazard area. 8
9
Sec. 20-354. Tanks. 10
11
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent 12
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 13
during conditions of the design flood, including the effects of buoyancy assuming the tank is 14
empty. 15
16
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation 17
requirements of subsection 20-354(c) of this article shall: 18
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, 19
provided the tanks are anchored or otherwise designed and constructed to prevent 20
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic 21
loads during conditions of the design flood, including the effects of buoyancy assuming 22
the tank is empty and the effects of flood-borne debris. 23
24
(2) Not be permitted in coastal high hazard areas (Zone V). 25
26
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to 27
and elevated to or above the design flood elevation on a supporting structure that is designed 28
to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-29
supporting structures shall meet the foundation requirements of the applicable flood hazard 30
area. 31
32
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 33
34
(1) At or above the design flood elevation or fitted with covers designed to prevent the 35
inflow of floodwater or outflow of the contents of the tanks during conditions of the 36
design flood; and 37
38
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic 39
loads, including the effects of buoyancy, during conditions of the design flood. 40
41
Sec. 20-355. Other development. 42
43
(a) General requirements for other development. All development, including manmade changes 44
to improved or unimproved real estate for which specific provisions are not specified in this 45
article or the Florida Building Code, shall: 46
Page 32
Proposed Ordinance
Page 26 of 29
(1) Be located and constructed to minimize flood damage; 1
2
(2) Meet the limitations of subsection 20-352(d) of this article if located in a regulated 3
floodway; 4
5
(23) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic 6
loads, including the effects of buoyancy, during conditions of the design flood; 7
8
(34) Be constructed of flood damage-resistant materials; and 9
10
(45) Have mechanical, plumbing, and electrical systems above the design flood elevation or 11
meet the requirements of ASCE 24, except that minimum electric service required t o 12
address life safety and electric code requirements is permitted below the design flood 13
elevation provided it conforms to the provisions of the electrical part of building code 14
for wet locations. 15
16
(b) Fences in regulated floodways. Fences in regulated floodways that have the potential to block 17
the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the 18
limitations of subsection 20-352(d) of this article. 19
20
(c) Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and 21
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet 22
the limitations of subsection 20-352(d) of this article. 23
24
(d) Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, 25
including roads, bridges, culverts, low-water crossings and similar means for vehicles or 26
pedestrians to travel from one side of a watercourse to the other side, that encroach into 27
regulated floodways shall meet the limitations of subsection 20-352(d) of this article. 28
Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 29
requirements of subsection 20-344(b)(3) of this article. 30
31
(be) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and 32
similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, 33
concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and 34
similar nonstructural uses are permitted beneath or adjacent to buildings and structures 35
provided the concrete slabs are designed and constructed to be: 36
37
(1) Structurally independent of the foundation system of the building or structure; 38
39
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of 40
causing significant damage to any structure; and 41
42
(3) Have a maximum slab thickness of not more than four (4) inches. 43
44
Page 33
Proposed Ordinance
Page 27 of 29
(cf) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of 1
the Florida Building Code, in coastal high hazard areas decks and patios shall be located, 2
designed, and constructed in compliance with the following: 3
4
(1) A deck that is structurally attached to a building or structure shall have the bottom of the 5
lowest horizontal structural member at or above the design flood elevation and any 6
supporting members that extend below the design flood elevation shall comply with the 7
foundation requirements that apply to the building or structure, which shall be designed 8
to accommodate any increased loads resulting from the attached deck. 9
10
(2) A deck or patio that is located below the design flood elevation shall be structurally 11
independent from buildings or structures and their foundation systems, and shall be 12
designed and constructed either to remain intact and in place during design flood 13
conditions or to break apart into small pieces to minimize debris during flooding that is 14
capable of causing structural damage to the building or structure or to adjacent buildings 15
and structures. 16
17
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is 18
constructed with more than the minimum amount of fill necessary for site drainage shall 19
not be approved unless an analysis prepared by a qualified registered design professional 20
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection 21
that would increase damage to the building or structure or to adjacent buildings and 22
structures. 23
24
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at 25
natural grade or on nonstructural fill material that is similar to and compatible with local 26
soils and is the minimum amount necessary for site drainage may be approved without 27
requiring analysis of the impact on diversion of floodwaters or wave runup and wave 28
reflection. 29
30
(dg) Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, 31
development activities other than buildings and structures shall be permitted only if also 32
authorized by the appropriate federal, state or local authority; if located outside the footprint 33
of, and not structurally attached to, buildings and structures; and if analyses prepared by 34
qualified registered design professionals demonstrate no harmful diversion of floodwaters or 35
wave runup and wave reflection that would increase damage to adjacent buildings and 36
structures. Such other development activities include but are not limited to: 37
38
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; 39
40
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and 41
constructed to fail under flood conditions less than the design flood or otherwise function 42
to avoid obstruction of floodwaters; and 43
44
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled 45
systems or mound systems. 46
Page 34
Proposed Ordinance
Page 28 of 29
(eh) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 1
2
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be 3
permitted for landscaping and for drainage purposes under and around buildings. 4
5
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five (5) 6
units horizontal shall be permitted only if an analysis prepared by a qualified registered 7
design professional demonstrates no harmful diversion of floodwaters or wave runup 8
and wave reflection that would increase damage to adjacent buildings and structures. 9
10
(3) Where authorized by the Florida Department of Environmental Protection or applicable 11
local approval, sand dune construction and restoration of sand dunes under or around 12
elevated buildings are permitted without additional engineering analysis or certification 13
of the diversion of floodwater or wave runup and wave reflection if the scale and location 14
of the dune work is consistent with local beach-dune morphology and the vertical 15
clearance is maintained between the top of the sand dune and the lowest horizontal 16
structural member of the building. 17
18
Section 3. Fiscal Impact Statement. In terms of design, plan application review, 19
construction and inspection of buildings and structures, the cost impact as an overall average is 20
negligible in regard to the local technical amendments because all development has been subject 21
to the requirements of the local floodplain management ordinance adopted for participation in the 22
National Flood Insurance Program. Therefore, in terms of lower potential for flood damage, there 23
will be continued savings and benefits to consumers. 24
25
Section 4. Applicability. This Ordinance shall apply to all applications for development 26
within the municipal limits of the Town, including building permit applications and subdivisions 27
proposals, submitted on or after the effective date of this Ordinance. 28
29
Section 5. Severability. The provisions of this Ordinance are declared to be severable and 30
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid 31
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, 32
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent 33
that this Ordinance shall stand notwithstanding the invalidity of any part. 34
35
Section 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 36
with this Ordinance are hereby repealed to the extent of such conflict. 37
38
Section 7. Codification. Section 2 this Ordinance shall be made a part of the Town Code 39
of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 40
“ordinance” may be changed to “section,” “division,” or any other appropriate word. 41
42
Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption. 43
44
45
Page 35
Proposed Ordinance
Page 29 of 29
The foregoing Ordinance was moved by __________________________________, seconded by 1
________________________________ and upon being put to the vote, the vote was as follows: 2
3
VOTES: YES NO 4
Mayor Natasha Moore 5
Vice Mayor David Stern 6
Commissioner Evalyn David 7
Commissioner Donald Peters 8
Commissioner Judith M. Goldberg 9
10
PASSED on first reading at the Regular Commission meeting held on this _____ day of 11
_________________, 2024. 12
13
The foregoing Ordinance was moved by _________________________________, seconded by 14
________________________________ and upon being put to the vote, the vote was as follows: 15
16
VOTES: YES NO 17
Mayor Natasha Moore 18
Vice Mayor David Stern 19
Commissioner Evalyn David 20
Commissioner Donald Peters 21
Commissioner Judith M. Goldberg 22
23
PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 24
on this _____ day of _________________, 2024. 25
26
ATTEST: TOWN OF HIGHLAND BEACH, FLORIDA 27
28
29
By: ___________________________________ 30
Lanelda Gaskins, MMC Natasha Moore, Mayor 31
Town Clerk 32
33
APPROVED AS TO FORM AND LEGALITY: 34
35
By: _________________________________ 36
Leonard G. Rubin, Town Attorney 37
Page 36
File Attachments for Item:
A. Approval of Meeting Minutes
June 18, 2024 Town Commission Meeting Minutes
Page 37
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
TOWN HALL COMMISSION CHAMBERS, 3614 S.
OCEAN BLVD., HIGHLAND BEACH, FL
Date: June 18, 2024
Time: 1:30 PM
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Leonard Rubin
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
Town Staff added Resolution No. 2024-016, Community Aesthetic Feature
Community Agreement to the agenda as Item 10.B. under New Business.
MOTION: David/Stern - Moved to approve the agenda as amended, which passed
unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2024-015
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Natural Resources Preservation Advisory Board; and
providing for an effective date.
Mayor Moore read the title of Resolution No. 2024-015.
Page 38
Town Commission Meeting Minutes
Date: June 18, 2024 Page 2 of 5
Applicant Karen Jones was present and interviewed by the Town Commission
followed by a motion.
MOTION: David/Goldberg – Moved to approve Resolution No. 2024-015
appointing Karen Jones to the Natural Resources Preservation
Advisory Board (as outlined in the resolution), which passed
unanimously 5 to 0.
B. Proposed Operating Budget Presentation for Fiscal Year 2024-2025
Town Manager Labadie introduced this item and explained that the financial
position remains strong, and the preliminary budget is consistent with the five
year financial forecast. He also provided an overview of fiscal year 2024
accomplishments as well as highlighted fiscal year 2025 Strategic Projects and
Initiatives.
Finance Director David DiLena presented an overview of the Preliminary
Operating Budget for Fiscal Year 2025 43.24. Followed by Town Commission
discussion of the preliminary operating budget. Mayor Moore agreed with
increasing the allocation of the transfer of the sewer fund to the water fund. She
also agreed to keeping the tax rate steady with respect to putting it into the
reserves.
6. PUBLIC COMMENTS (Public Comments will be limited to five (5) minutes per)
speaker.
Mr. Jack Halpern of 45 South Ocean provided comments.
7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. None.
8. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will be
limited to three (3) minutes per speaker per item after Commission initial discussion.
A. Approval of Meeting Minutes
May 21, 2024 Town Commission Meeting Minutes
June 04, 2024 Town Commission Meeting Minutes
MOTION: David/Stern - Moved to approve the Consent Agenda, which passed
unanimously 5 to 0.
Page 39
Town Commission Meeting Minutes
Date: June 18, 2024 Page 3 of 5
9. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
None.
10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Consideration of a Professional Services Agreement with Wagner Legal
Services, PLLC for Special Magistrate Services.
Town Manager Labadie presented this item. Town Commission discussions
ensued regarding Special Magistrate Services and the Town Commission was in
favor of special magistrate services and the agreement. Further discussions
ensued about the quorum requirements, status of the current board members
term limits, training for the board members and a bifurcated process for special
magistrate/code enforcement process.
Mayor Moore opened the item for public comments.
Mr. Jack Halpern provided comments.
Hearing no further comments, Mayor Moore closed public comments.
Town Manager Labadie will come up with a process and present it to the Town
Commission at the next meeting.
MOTION: David/Goldberg - Moved to formally accept the Professional Services
Agreement with Wagner Legal Services, PLLC for Special
Magistrate Services. Upon roll call: Commissioner David (Yes);
Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice
Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed
unanimously 5 to 0.
B. Resolution No. 2024-016 (This item was added to the agenda)
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, approving the design, installation and maintenance of community
aesthetic features and authorizing the execution of a Community Aesthetic
Feature Agreement with the Florida Department of Transportation; and
providing for an effective date.
Town Attorney Rubin presented this item.
MOTION: David/Goldberg – Moved to approve Resolution No. 2024-016, which
passed unanimously 5 to 0.
Page 40
Town Commission Meeting Minutes
Date: June 18, 2024 Page 4 of 5
11. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked staff for the preliminary budget
presentation.
Commissioner Donald Peters also thanked staff for the preliminary budget
presentation and wished everyone a happy summer.
Commissioner Evalyn David commented on how pleasant the budget process is as
well as the preliminary budget presentation.
Vice Mayor David Stern thanked Finance Director DiLena for the budget presentation.
He commented on the inspections from the Fire-Rescue Department and the detailed
inspection reports.
Mayor Natasha Moore thanked Finance Director DiLena for the budget presentation.
She also thanked Representative Gossett-Seidman for her involvement with the State
appropriations.
12. TOWN ATTORNEY’S REPORT
Town Attorney Rubin had no comments.
13. TOWN MANAGER’S REPORT
Town Manager Labadie thanked Finance Director DiLena for the budget
presentation. He provided a report on the following: Fire-Rescue staff evaluating
the private fire protections systems in the condominium buildings throughout the
town, the Town’s financial strength is impeccable and introduction of Madison
Nooman, Executive Assistant to the Town Manager.
14. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for a three-year
term
Natural Resources Preservation Advisory Board One (1) vacancy for a three-year
term
Meetings and Events
June 19, 2024 Town Hall Closed in Observance of Juneteenth
July 9, 2024 9:30 A.M. Board of Adjustment and Appeals Regular Meeting
July 4, 2024 Town Hall closed in observance of Independence Day
Page 41
Town Commission Meeting Minutes
Date: June 18, 2024 Page 5 of 5
July 27, 2024 10:00 A.M. Financial Advisory Board Regular Meeting
Board Action Report
1. Certification of Inadequate Attendance and Automatic Removal of Member
Michael Cherbini from the Code Enforcement Board effective May 14, 2024
(Informational Only)
15. ADJOURNMENT
The meeting was adjourned at 3:37 P.M.
APPROVED: July 23, 2024 Town Commission Meeting.
Signed Minutes on file in the Town
Clerk’s Office.
ATTEST: Natasha Moore, Mayor
Transcribed by
Lanelda Gaskins
07/23/2024
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are
transcribed as a brief summary reflecting the events of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town’s Media Archives & Minutes
webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 42
File Attachments for Item:
B. Approve and authorize the Mayor to execute Proposal No. 20-0030-23 with the
Hinterland Group, Inc. in the amount of $78,625.00 for the rehabilitation and upgrading
of Lift Station No. 1 piping project.
Page 43
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE July 23, 2024
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: High-Density Polyethylene (HDPE) Lift Station #1
SUMMARY:
Town staff is seeking approval for the rehabilitation of Lift Station 1 piping to HDPE, inclusive
of removal and replacement of wet well piping with HDPE as stated above. This is an
approved budget expenditure for 2024.
HDPE is a type of plastic piping that is known for its high strength-to-density ratio, flexibility,
and resistance to corrosion and chemicals. These properties make it an excellent choice for
use in lift stations that are near a corrosive environment.
FISCAL IMPACT:
$78,625; Machinery & Equipment 402-535.000-564.000
ATTACHMENTS:
Hinterland Group, Inc. Quote
RECOMMENDATION:
Commission approval of Town Standard Procurement for rehabilitation and upgrading of Lift
Station 1 piping.
Page 44
Page 45
File Attachments for Item:
A. Resolution No. 2024-017
A Resolution of the Town Commission of the Town of Highland Beach, Florida, setting
the proposed not to exceed millage rate pursuant to Section 200.065(2)(B), Florida
Statutes, and setting the date, time and place at which a public hearing will be held to
consider the proposed millage rate and tentative budget.
Page 46
RESOLUTION NO. 2024-017
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, SETTING THE PROPOSED NOT TO
EXCEED MILLAGE RATE PURSUANT TO SECTION 200.065(2)(B),
FLORIDA STATUTES, AND SETTING THE DATE, TIME AND PLACE
AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER THE
PROPOSED MILLAGE RATE AND TENTATIVE BUDGET.
WHEREAS, Section 200.065, Florida Statutes, commonly known as the “Truth in
Millage” Bill or the “TRIM” Bill, provides that each taxing authority shall advise the Property
Appraiser of its proposed millage rate, of its current rolled back rate, and of the date, time, and
place at which a public hearing will be held to consider the proposed millage rate and tentative
budget.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. That the foregoing “WHEREAS” clause is ratified and confirmed as
being true and correct and is incorporated in this Resolution.
Section 2. That the proposed not to exceed tax millage rate of the Town of
Highland Beach for Fiscal Year 2025 shall be:
Operating Millage: 3.4040
Debt Service Millage: 0.1835
Total Proposed not to
exceed Millage Rate: 3.5878
Section 3. That the Operating Millage roll-back rate for Fiscal Year 2025 is 3.1491
mills. As defined in Section 200.065, Florida Statutes, the “rolled-back rate” is that certain
millage rate which, exclusive of: new construction, additions to structures, deletions, increases
in the value of improvements that have undergone a substantial rehabilitation which increased
the assessed value of such improvements by at least 100 percent, property added due to
geographic boundary changes, total taxable value of tangible personal property within the
jurisdiction in excess of 115 percent of the previous year’s total taxable value, and any
dedicated incremental value, will provide the same ad valorem revenue as was levied during
the prior year less the amount, if any, paid or applied as a consequence of obligation measured
by the dedicated incremental value.
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Resolution No. 2024-017
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Section 4. That the date, time, and place of the public hearing to consider the above
proposed not to exceed millage rate and tentative budget shall be as follows:
Date of the First Hearing: Tuesday, September 03, 2025
Time of Hearing: 5:01 P.M.
Place: Town of Highland Beach
Commission Chambers
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Section 5. That this Resolution shall be in full force and effect immediately upon
passage and adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach,
Florida, this 23rd day of JULY 2024.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith M. Goldberg
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File Attachments for Item:
B. Approve and authorize the Mayor to execute the Interlocal Agreement for Emergency
Medical and Fire assistance between the Town of Highland Beach and the City of Boca
Raton which enables the Town fire-rescue services assistance when needed.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE July 23rd, 2024
SUBMITTED BY: Glenn Joseph, Fire Chief
SUBJECT: Approve and authorize the Mayor to execute the Interlocal Agreement for
Emergency Medical and Fire assistance between the Town of Highland
Beach and the City of Boca Raton. This agreement enables the Town of
Highland Beach fire-rescue services assistance when needed.
SUMMARY:
The Florida Interlocal Cooperation Act of 1969 authorizes local governments to make the most
efficient use of their resources by collaborating with other localities to provide services and
facilities that ensure the communities' needs are met more efficien tly.
The Emergency Medical and Fire Assistance agreement between the Town of Highland Beach
(the Town) and the City of Boca Raton (the City) outlines a partnership to provide aid in fire
and medical emergencies. This partnership will enable the Town to request fire and
emergency medical services assistance from the City when needed.
By leveraging resources, this collaboration aims to enhance the effectiveness of our
emergency response capabilities, ensuring quicker and more comprehensive support to
improve the overall safety and well-being of our residents.
FISCAL IMPACT:
The Town agrees to pay the City a fee per hour.
The hourly fees for employees and equipment are as follows:
Engine/Aerial/Ladder Unit $1000
Fire Boat $2000
Brush Unit $700
Rescue Unit $700
Command Unit $700
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ATTACHMENTS:
Interlocal Agreement for Emergency Medical and Fire assistance
RECOMMENDATION:
Approve the Interlocal Agreement for Emergency Medical and Fire assistance as presented
and authorize the mayor to execute the Agreement.
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INTERLOCAL AGREEMENT
FOR EMERGENCY MEDICAL AND FIRE ASSISTANCE
THIS AGREEMENT made this _____ day of __________, 2024, by and between the CITY
OF BOCA RATON, a Florida municipal corporation, 201 West Palmetto Park Road, Boca Raton, Florida
33432 (hereinafter the “City”), and the TOWN OF HIGHLAND BEACH, a Florida municipal corporation
(hereinafter the “Town”).
W I T N E S S E T H:
WHEREAS, both the City and the Town presently maintain fire-rescue departments that
include fire rescue equipment, firefighting personnel, emergency medical equipment, emergency medical
personnel, and other emergency capabilities sufficient to provide a level of service that meets each party’s
minimum requirements; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969," authorizes local governments to make the most efficient use of their power by enabling
them to cooperate with other localities and thereby to provide services and facilities that will harmonize
geographic, economic, population and other factors influencing the needs of local communities; and
WHEREAS, the Town has requested that the City provide fire-rescue services assistance
when it is needed by the Town, and the City is willing to provide such assistance, subject to the terms
and conditions contained in this Agreement;
NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the sufficiency of which is hereby acknowledged, the Town and the City hereby
agree as follows:
SECTION 1. EFFECTIVE DATE AND TERM
The Agreement shall be effective ten (10) days after execution by both parties, and shall thereafter run for
a one (1) year term, with the option to renew for three (3) additional one-year periods upon mutual
agreement.
SECTION 2. REQUESTS FOR ASSISTANCE BY THE TOWN
Only the Town’s Fire Chief, Deputy or Assistant Fire Chief, or Incident Commander (as defined by the
National Incident Management System) are authorized to request assistance from the City. Further, all
requests for assistance shall be made through the Town’s emergency communications center.
The Town shall provide the following information at the time a request for assistance is made:
a. The nature, type and location of the emergency requested; and
b. The type and quantity of equipment and/or personnel requested; and
c. The name and rank of the person making the request.
Moreover, the Town understands and agrees that it shall not seek the City’s assistance pursuant to this
Agreement in order to supplement or subsidize the Town’s normal day-to-day operations or the Town’s
shortages in staffing and/or equipment.
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SECTION 3. CITY’S RESPONSE TO TOWN’S REQUEST FOR ASSISTANCE
Upon a proper request, the City will determine whether it will provide the requested assistance to the
Town but may decline to provide such assistance for any reason, in its sole discretion. The City’s manner
of providing assistance shall be determined by the City in its sole discretion.
SECTION 4. COMMAND AUTHORITY
In the event the City provides assistance to the Town, the Fire Chief of the Town, or in his absence, the
Deputy or Assistant Fire Chief or the Incident Commander of the Town, will direct the activities at the
scene, but City employees will remain under the command of the City's command staff at all times. In
other words, the City and the Town shall retain control over their own employees, their rendition of
services, their standards of performance, and shall address discipline of their employees and any other
matters relating to their employees and the performance of the services.
Each party authorizes its Fire Chief to meet with the other party’s Fire Chief to promulgate necessary
administrative regulations and orders to implement and administer these plans and procedures.
SECTION 5. EMPLOYEE FUNCTIONS
The Town shall not request or demand that a City employee perform any function or service that is not
within that employee's scope of duties as defined or determined by the City.
SECTION 6. EMPLOYEE CLAIMS, BENEFITS
No employee, officer, or agent of either party shall, in connection with this Agreement or the performance
of services and functions hereunder, have a right to or claim any wages, pension, workers' compensation,
unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by
operation of law or otherwise except through and against the entity by whom they are employed. No
employee of either party shall be deemed the employee of the other, for any purpose, during the
performance of services hereunder.
SECTION 7. SOVEREIGN IMMUNITY
Nothing herein shall be construed as a waiver of sovereign immunity by either the City or the Town.
SECTION 8. LIABILITY FOR INJURY
Liability for injury to City or Town employees, and payment for the cost of loss or damage of City or Town
equipment, while the City is providing assistance pursuant to this Agreement, shall be borne by the party
employing such employees and owning or possessing such equipment.
SECTION 9. REMUNERATION
The Town agrees to pay the City a fee per hour, or part thereof, when the City provides employees and
equipment pursuant to this Agreement. The hourly fees for such employees and equipment shall be:
Engine/Aerial/Ladder Unit $1000
Fire Boat $2000
Brush Unit $700
Rescue Unit $700
Command Unit $700
These fees will increase by five percent (5%) on October 1, 2024, and each year of this Agreement
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thereafter.
The Town further agrees that, in the event the City provides emergency medical services that requires
transport service, the City may seek reimbursement for the transport service from the responsible party
and/or their insurer. The City will address insurance claims and collection in accordance with its own
policies and procedures.
If the City invoices the party responsible for the incident for reimbursement of the goods and services
provided, a copy of such invoice shall be forwarded to the Town as a matter of courtesy, provided
however, that the City will not be required to provide copies of transport fee invoices to the Town and
shall not otherwise use or disclose Protected Health Information (“PHI”) or Electronic Protected Health
Information (“e-PHI”) except as permitted by the Health Insurance Portability and Accountability Act
(“HIPAA”), the regulations promulgated thereunder, and any other applicable laws and regulations, all as
may be amended from time to time.
SECTION 10. TERMINATION
Either party to this Agreement may, upon sixty (60) days prior written notice to the other party, terminate
this Agreement for any reason or for no reason at all.
SECTION 11. ASSIGNMENT OF RIGHTS
Neither party shall assign, transfer, or convey, in whole or in part, its rights, duties, or obligations without
the prior written consent of the other.
SECTION 12. MODIFICATION AND AMENDMENT
This Agreement is adopted by the City and the Town as a final, complete and exclusive statement of the
terms of the agreement between the City and the Town. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications between the City and
the Town pertaining to its terms, whether written or oral. The Agreement may not be modified unless such
modifications are evidenced by an amendment in writing signed by both the City and the Town.
SECTION 13. BIANNUAL REVIEW
The Fire Chiefs of the City and the Town shall meet every six months to review the services requested
and provided pursuant to this agreement, to assess the effectiveness of communications and operational
protocols, and to determine if any changes should be made.
SECTION 14. GOVERNING LAW/VENUE/WAIVER OF JURY TRIAL
This Agreement shall be governed and interpreted by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Palm Beach County, Florida. BY ENTERING
INTO THIS AGREEMENT, THE TOWN AND THE CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION ARISING UNDER OR
RELATED TO THIS AGREEMENT.
SECTION 15. RECORDS
Each party shall maintain all records pertaining to the services delivered under this Agreement for no less
than the time required by General Records Schedules GS1-SL for State and Local Governments provided
by the Division of Library and Information Services of the Florida Department of State, but in any event,
all records must be retained for a period of at least five (5) years.
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SECTION 16. JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall
not, solely or as a matter of judicial constraint, be construed more severely against one of the parties
than the other.
SECTION 17. NOTICE OF SUITS
Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which
relates in any manner to an instance in which the City provides assistance to the Town. Each party will
cooperate with the other in the defense of any such claim or legal proceeding.
SECTION 18. NOTICES
All written notices required under this Agreement shall be sent by certified mail, return receipt requested,
and if sent to the Town shall be mailed to:
Town of Highland Beach
Fire Chief
3614 S Ocean Boulevard
Highland Beach, Florida, 33487
561-817-8067
and if sent to the City of Boca Raton shall be mailed to:
Boca Raton Fire-Rescue Services Department
Fire Chief
6500 Congress Avenue Suite 200
Boca Raton, Florida 33487
561-982-4000
Each party may change its address and/or telephone number upon notice to the other.
SECTION 19. CAPTIONS
The captions and section designations herein set forth are for convenience only and shall have no
substantive meaning.
SECTION 20. FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County.
SECTION 21. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any
event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity
or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be
deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced
as if the Agreement did not contain the particular portion or provision held to be void. The parties further
agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close
as possible to the intent of the stricken provision.
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The provisions of this section shall not prevent the entire Agreement from being held void should a
provision which is of the essence of the Agreement be determined to be void by a court of competent
jurisdiction.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
ATTEST: TOWN OF HIGHLAND BEACH, FLORIDA
By:__________________________ By:______________________________
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:__________________________
Town Attorney
CITY OF BOCA RATON,
FLORIDA
ATTEST:
By:__________________________ By:______________________________
Mary Siddons, City Clerk George S. Brown, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:__________________________
Diana Grub Frieser, City Attorney
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File Attachments for Item:
C. Designation of a Voting Delegate for the Florida League of Cities 2024 Annual Conference – Required
Business Meetings
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Special Meeting
MEETING DATE 07/23/2024
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Designation of a Voting Delegate for the Florida League of Cities 2024
Annual Conference – Required Business Meetings
SUMMARY:
The Florida League of Cities (FLC) encourages each municipality to delegate one (1) elected
official to serve as a voting delegate and cast their vote at the League’s Annual Business
Session on Saturday, August 17, 2024. This year the Florida League of Cities’ Annual
Conference will be held at the Diplomat Beach Resort in Hollywood, Florida on August 15-17,
2024.
Last year, Commissioner Goldberg was selected as the voting delegate for the 97th Annual
Conference.
Staff is requesting the Town Commission to delegate a member from this Commission as
the Town’s voting delegate for the Florida League of Cities 2024 Annual Business session.
FISCAL IMPACT:
Travel and Training: Mileage Reimbursement
Lodging and Per Diem Meals
ATTACHMENTS:
June 10, 2024, Letter from the Florida League of Cities
RECOMMENDATION:
Staff recommend Town Commission delegate one (1) Commissioner as a voting delegate for
the FLC 2024 Annual Conference / Business Session.
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To: Key Official
From: Eryn Russell, Florida League of Cities
Date: June 10, 2024
Subject: 2024 Annual Conference Voting Delegate Information
The Florida League of Cities Annual Conference will be held at the Diplomat Beach Resort
in Hollywood, Florida, from August 15-17, 2024. This conference will provide valuable
educational opportunities to help Florida’s municipal officials serve their citizenry more
effectively.
We ask that each member municipality sending delegates to the Annual Conference
designate one of their officials to cast their votes at the Annual Business Session, which
will be held on Saturday, August 17. Election of League leadership and adoption of
resolutions are undertaken during the business meeting. One official from each
municipality will vote on matters affecting the League.
In accordance with the League’s by-laws, each municipality’s vote is determined by
population, and the League will use the Estimates of Population from the University of
Florida.
Conference registration materials were sent to each municipality via the League's e-
newsletter and are available online at flcities.com.
If you have any questions about voting delegates, please email erussell@flcities.com.
Voting delegate forms must be received by the League no later than July 31, 2024.
Attachments: Form Designating Voting Delegate
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2of 2
2024 Annual Conference
Florida League of Cities, Inc.
August 15-17, 2024
Hollywood, Florida
It is important that each member municipality sending delegates to the Annual
Conference of the Florida League of Cities designate one of their officials to cast their
votes at the Annual Business Session. League By-Laws require each municipality to
select one person to serve as the municipality's voting delegate. Municipalities do not
need to adopt a resolution to designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.Voting delegate forms must be received by the League no
later than July 31, 2024.
Designation of Voting Delegate
Name of Voting Delegate: __________________________________________________
Title: ___________________________________________________________________
Delegate Email: __________________________________________________________
Municipality of: __________________________________________________________
AUTHORIZED BY:
______________________________________________
Name
_______________________________________________
Title
Return this form to:
Eryn Russell
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Email: erussell@flcities.com
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File Attachments for Item:
D. Discussion of integrating the use of a Special Magistrate into the Code Enforcement
Process.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 07/23/2024
SUBMITTED BY: Marshall Labadie, Town Manager
SUBJECT: Discussion of integrating the use of a Special Magistrate into the Code
Enforcement Process.
SUMMARY:
On June 18, the Town Commission approved a professional services agreement with Wagner
Legal Services, LLC for special magistrate services. The Commission during the approval of
the agreement discussed how to address many of the challenges facing the town regarding
the code enforcement process. The challenges discussed centered on the shortage of
appointed members to form a quorum for the Code Enforcement Board and concerns about
risk management in rendering decisions on highly technical violations.
Based on the discussion, the Town Commission directed the Town Manager to present
potential options to improve the code enforcement process utilizing both a special magistrate
and the resident appointed code enforcement board.
Currently, the Town of Highland Beach relies on a resident -appointed Code Enforcement
Board to handle all code violations. However, the recent inability to maintain a full seven -
member board and the need for specialized legal expertise in certain cases nec essitate the
consideration of additional methods for code enforcement.
Options for Consideration
1. No Action Alternative
The first option is to continue solely utilizing the Code Enforcement Board without any
changes. This maintains the status quo but doe s not address the current challenges.
2. Violator Selection Option
Under this option, violators would be given the choice to select either the Code Enforcement
Board or a Special Magistrate to hear their case. This selection must be made within a
prescribed period following notice of the option, which would be sent via first-class mail. If the
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violator does not make a selection within the prescribed time, the case would automatically be
assigned to the Special Magistrate.
3. Case Distribution by Violation Class
This option involves distributing cases based on the class of violation as defined in Section 2 -
174.
Specifically:
• Code Enforcement Board would handle Class I and Class II violations.
• Special Magistrate would handle Class III and all fire code violations.
This option would also allow for using either the Code Enforcement Board or the Special
Magistrate in situations where a quorum of the Code Enforcement Board cannot be met or the
Special Magistrate is unavailable.
Implementation and Compliance
Both options require further refinement by the Town Attorney to ensure compliance with state
law and the provision of appropriate due process to violators.
Pursuant to Section 2-175, the Town Commission has the operational and statutory flexibility
to implement either option through a resolution. Implementing these options via resolution
allows for quicker and more efficient adjustments compared to the ordinance amendment
process.
FISCAL IMPACT:
TBD. No substantive change to budget required.
ATTACHMENTS:
None
RECOMMENDATION:
Given the immediate concern of not having enough appointed members to form a quorum and
the need to address risk management in complex cases, the Town Commission should
consider adopting option number 2 or 3. The Violator Selection Option and the Case
Distribution by Violation Class Option provide viable solutions to enhance the efficiency and
effectiveness of the code enforcement process.
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