Ord No 32-92-1526^
ORDINANCE #32-92-1526
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,PROVIDING FINDINGS OF FACT;PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE;PROVIDING OBJECTIVES;PROVIDING
DEFINITIONS;PROVIDING JURISDICTION;PROVIDING A BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD;PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS;PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS;PROVIDING FOR
INTERPRETATION;PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDINGPENALTIES FOR VIOLATION;PROVIDING FOR DESIGNATION OF
LOCAL ADMINISTRATOR;PROVIDING PERMIT PROCEDURES;PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL;PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE;PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION;PROVIDING SPECIFIC STANDARDS FOR FLOOD
HAZARD REDUCTION;PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Legislature of the State of Florida has inF.S.
Chapters 125,163 and 166 delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health,safety,and general welfare of its citizenry;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.FINDINGS OF FACT
(1)The flood hazard areas of the City of South Miami,Florida,
are subject to periodic inundation which results in loss of
life and property,health and safety hazards,disruption of
commerce and governmental services,extraordinary public
expenditures for flood protection and relief,and impairment
of the tax base,all of which adversely affect the public
health,safety and general welfare.
(2)These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights
and velocities,and by the occupancy in flood hazard areas by
uses vulnerable to floods or hazardous to other lands which
are inadequately elevated,flood-proofed,or otherwise
unprotected from flood damages.
Section 2.SHORT TITLE
This Ordinance may be cited as "Flood Damage Prevention Ordinance".
Section 3.STATEMENT OF PURPOSE
Itisthe purpose ofthis Ordinance to promote the public health,
safetyandgeneralwelfareandtominimize public andprivate
losses due to flood conditions in specific areas by provisions
designed to:
(1)restrict or prohibit uses which are dangerous to health,
safety and property dueto water or erosion hazards,or which
result in damaging increases in erosion orin flood heights
or velocities;
(2)require that uses vulnerable tofloods,including facilities
which serve such uses,be protected against flood damage at
the time of initial construction;
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(3)controlthealterationofnatural floodplains,stream
channels,and natural protective barriers which are involved
in the accommodation of flood waters;
(4)control filling,grading,dredgingandotherdevelopmentwhich
may increase erosion orflooddamage,and;
(5)prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters orwhichmay increase
flood hazards to other lands.
Section 4.OBJECTIVES
The objectives of this Ordinance are as follows:
(1)to protect human life and health;
(2)tominimizeexpenditureofpublicmoneyforcostlyflood
control projects;
(3)to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken atthe expense ofthe
general public;
(4)to minimize prolonged business interruptions;
(5)to minimize damage to public facilities and utilities such as
water and gas mains,electric,telephone and sewer lines,
streets and bridges located in floodplains;
(6)to help maintain a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as
to minimize flood blight areas,and;
(7)to insure that potential home buyers are notified that
property isina flood area.
Section 5.DEFINITIONS
Unless specifically defined below,words or phrases used in this
Ordinance shall be interpreted soas to give the words and phrases
the meaning they have in common usage and to give this Ordinance
its most reasonable application.
Addition (to an existing building)means any walled and roofed
expansion to the perimeter ofa building in which the addition is
connected by a common load-bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
oris separated by independent perimeter load-bearing walls is
defined as new construction.
Appeal meansarequestforareviewoftheBuildingOfficial's
interpretation ofany provision of this Ordinance or a request for
a variance from this Ordinance.
Area of special flood hazard isthelandinthe floodplain within
a community subject to aone percent or greater chance of flooding
in any given year.
Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year.
Basement means that portion ofa building having its floor subgrade
(below ground level)on all sides.
Breakaway wall means a wall that is not part of the structural
support of the building andis intended through its design and
Flood Damage Prevention Ordinance Page 2 of 11
construction tocollapseunder specific lateralloading forces
without causing damage tothe elevated portion ofthe building or
supporting foundation system.
Building meansany structure builtfor support,shelter,or
enclosure for any occupancy or storage.
Development means any man-made change to improved or unimproved
realestate,including,butnot limited to,buildings or other
structures,mining,dredging,filling,grading,paving,excavating,
drillingoperationsorpermanentstorageofmaterialsorequipment.
Elevated building meansa non-basement building built tohavethe
lowest floor elevation above ground level by means offill,solid
foundation perimeter walls,pilings,columns,posts,piers,shear
walls,or breakaway walls.
Existing construction means any structure for which the start of
construction commenced before June 18,1974.
Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters,or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM)isan official map ofa community,
issued by the Federal Emergency Management Agency,where boundaries
of the special flood hazard have been defined as Zone A.
Flood Insurance Rate Map (FIRM)isan official map ofa community,
on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and risk premium zones
applicable to the community.
Flood Insurance Study isthe official report provided bythe
Federal Emergency Management Agency,containing flood profiles,as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
Floor means the top surface ofan enclosed area ina building
(including basement),i.e.,top of slab in concrete slab
construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
Highest adjacent grade meansthehighestnaturalelevationofthe
ground surface,prior toconstruction,nextto the proposed walls
ofa building.
Historic Structure means any structure that is:
(1)ListedindividuallyintheNationalRegisterofHistoric
Places(alistingmaintainedbythe Department ofInterior)
orpreliminarilydeterminedbytheSecretaryoftheInterior
as meeting the requirements for individual listing onthe
National Register;
(2)Certified or preliminarily determined by the Secretary of the
Interior as contributing tothe historical significance ofa
registered historicdistrictora district preliminarily
determined bythe Secretary to qualify asa registered
historic district;
(3)Individuallylistedonastateinventoryofhistoricplaces
where such list is part of historic preservation programs
approved bythe Secretary ofthe Interior;or,
(4)Individually listedonalocalinventoryof historic places
in communities with historic preservation programs that have
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been certified eitherbyanapprovedstateprogramas
determinedbytheSecretaryofthe Interior,ordirectlyby
the Secretary of the Interior.
Manufactured home or mobile home means a building,transportable
inoneormoresections,whichis built ona permanent chassis and
designed tobe used with or without a permanent foundation when
connected tothe required utilities.The term also includes park
trailers,travel trailers,and similar transportable structures
placed ona site for180 consecutive days or longer and intended
tobe improved property [Manufactured homes and mobile homes are
prohibited under §20-1.3(C)ofthe Land Development Code].
Mean Sea Level means the average height of the sea for all stages
ofthetide.Itisusedasa reference for establishing various
elevations within the floodplain.For purposes of this Ordinance,
the term is synonymous with National Geodetic Vertical Datum (NGVD)
National Geodetic Vertical Datum (NGVD)as corrected in 1929 is a
vertical control used asa reference for establishing varying
elevations within the floodplain.
New construction means any structure for which the start of
construction commenced after June 18,1974.The term also includes
any subsequent improvements to such structure.
Recreational vehicle means a vehicle which is built on a single
chassis;400 square feet or less when measured at the largest
horizontal projection;designed to be self-propelled or permanently
towable by a light duty truck;and,designed primarily not for use
asa permanent dwelling but as temporary living quarters for
recreational,camping,travel or seasonal use.
Start of construction includes substantial improvement,and means
the date the building permit wasissued,provided the actual start
of construction,repair,reconstruction,or improvement was within
180daysofthe permit date.Theactual start meansthefirst
placementofpermanentconstructionofabuildingonasite,such
asthe pouring ofslabsorfootings,installation ofpiles,
construction of columns,or any work beyond the stage of
excavation.Permanent construction does not include land
preparation,suchas clearing,gradingand filling;nordoesit
include the installation of streets and/or walkways;nor does it
include excavation for a basement,footings,piers or foundations
orthe erection of temporary forms;nordoesit include the
installation onthe property of accessory buildings,suchas
garagesorshedsnotoccupiedasdwellingunitsornotpartofthe
main building.Fora substantial improvement,the actual start of
construction means the first alteration of any wall,ceiling,
floor,or other structural partofabuilding,whether ornotthat
alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally
aboveground,agasorliquidstoragetank,orotherman-made
facilities or infrastructures.
Substantial damage means damage ofanyorigin sustained bya
structurewherebythecostofrestoringthestructuretoitsbefore
damagedconditionwouldequalorexceed50percentofthemarket
value of the structure before the damage occurred.
Substantial improvement means any combination of repairs,
reconstruction,alteration,orimprovementstoabuilding,taking
place duringaten (10)year period,inwhichthe cumulative cost
equalsorexceedsfiftypercentofthemarketvalueofthe
building.Themarketvalueofthebuildingshouldbetheappraised
valueofthe building priortothestartoftheinitialrepairor
improvement;or,inthecaseof damage,the value ofthe building
prior tothe damage occurring.Thisterm includes structures which
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haveincurredsubstantial damage,regardlessoftheactualrepair
work performed.For the purposes of this definition,substantial
improvement is considered tooccurwhenthe first alteration ofany
wall,ceiling,floor,orotherstructuralpartofthebuilding
commences,whether or not that alteration affects the external
dimensions of the building.The term doesnot,however,include
anyprojectforimprovementofabuilding required tocomplywith
existing health,sanitary,or safety code specifications which have
beenidentifiedbytheBuildingOfficialand which aresolely
necessary to assure safe living conditions.
Variance [from this Ordinance]isa grant of relief from the
requirements of this Ordinance which permits construction ina
manner otherwise prohibited by this Ordinance where specific
enforcement would result in unnecessary hardship.
Section 6.JURISDICTION
This Ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the City of South Miami,Florida.
Section 7.BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard aretobe identified bythe
Federal Emergency Management Agency in the Flood Insurance Rate Map
(FIRM),dated November 4,1987,with other supporting data,and any
revision thereto,are adopted by reference and declared to be a
part of this Ordinance.
Section 8.ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement ofany
development activities.
Section 9.COMPLIANCE
No structure or land shall hereafter be located,extended,
converted or structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations.
Section 10.ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended torepeal,abrogate,or impair any
existing easements,covenants,ordeed restrictions.However,
where this Ordinance and another conflict or overlap,whichever
imposesthemorestringentrestrictionsshallprevail.
Section 11.INTERPRETATION
Ininterpretationandapplicationofthis Ordinance all provisions
shall be considered as minimum requirements;liberally construed
infavorofthe governing body;and deemed neither to limit nor
repealanyotherpowersgrantedunderFloridaStatutes.
Section 12.WARNING AND DISCLAIMER OF LIABILITY
Thedegreeof flood protectionrequiredbythis Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration.Larger floods can and
will occur on rare occasions.Flood heights may be increased by
man-made or natural causes.This Ordinance does not imply that
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landoutsidetheareasof special flood hazard oruses permitted
withinsuchareaswillbefreefromfloodingor flood damages.
ThisOrdinanceshallnotcreate liability onthepartoftheCity
ofSouthMiami,Florida,orbyany officer or employee thereof for
any flood damages that result from reliance on this Ordinance or
any administrative decision lawfully made thereunder.
Section 13.PENALTIES FOR VIOLATION
Violation ofthe provisions ofthis Ordinance or failure to comply
with any ofits requirements,including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions,shall constitute a misdemeanor.Any person who
violates this Ordinance or fails to comply with any ofits
requirements shall,upon conviction thereof,be fined not more than
$250.00 perday,and in addition,shallpayall costs and expenses
involved in the case.Each day such violation continues shall be
considered a separate offense.Nothing herein contained shall
prevent the City of South Miami,Florida,from taking such other
lawful actions asis necessary to prevent or remedy any violation.
Section 14.DESIGNATION OF LOCAL ADMINISTRATOR
The City of South Miami hereby appoints the Building Official as
the local administrator to administer and implement all provisions
of this Ordinance within the boundaries of the City of South Miami.
Section 15.PERMIT PROCEDURES
Application for a Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any development
activities,and may include,but not be limited to,the following
plansin duplicate drawntoscale showing thenature,location,
dimensions,and elevations of the area in question,existing or
proposed structures,earthen fill,storage of materials or
equipment,drainage facilities,andthe location of the foregoing.
Specifically,the following information is required:
(1)Application Stage.
(a)Elevation in relation to mean sea level of the proposed
lowest floor (including basement)ofall buildings;
(b)Elevation in relation to mean sea level to which any non
residential building will be flood-proofed;
(c)Certificate from a registered professional engineer or
architect that the non-residential flood-proofed building
will meet the flood-proofing criteria in Section 19,
subsection (2)of this Ordinance;
(d)Description ofthe extent to which any watercourse will
be altered or relocated as the result of proposed
development;and,
(2)Construction Stage.
Provide a floor elevation or flood-proofing certification after the
lowest floor is completed.Upon placement of the lowest floor,or
flood-proofing by whatever construction means,it shall be the duty
ofthepermitholdertosubmittothe Building Officiala
certification of the elevation of the lowest floor,flood-proofed
elevation as built,in relation to mean sea level.Said
certification shall be prepared byor under the direct supervision
ofa registered land surveyor or professional engineer and
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(10)All records pertaining to the provisions of this Ordinance
shallbe maintained inthe Building &Zoning Department and
shall be open for public inspection.
Section 17.PROCEDURES FOR VARIANCES FROM THIS ORDINANCE
(1)TheCityCommissionasestablishedbytheCharteroftheCity
ofSouthMiami,Florida,shallhearanddecide appeals and
requests for variances from requirements of this Ordinance.
(2)TheCity Commission shallhearanddecide appeals when itis
alleged that there isan error in any requirement,decision,
or determination made bythe Building Official inthe
enforcement or administration of this Ordinance.
(3)Any person aggrieved by the decision of the City Commission
or any taxpayer may appeal such decision to the Appellate
Division of the Circuit Court,as provided inF.S.120.68.
(4)Variances may be issued forthe repair or rehabilitation of
historic structures (see definition)upon a determination that
the proposed repair or rehabilitation will not preclude the
structure's continued designation asa historic structure and
the variance is the minimum to preserve the historic character
and design of the structure.
(5)In passing upon such applications,the City Commission shall
consider all technical evaluations,all relevant factors,all
standards specified in other sections of this Ordinance,and:
(a)the danger that materials may be swept onto other lands
to the injury of others;
(b)the danger to life and property due to flooding or
erosion damage;
(c)the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(d)the importance of the services provided by the proposed
facility to the community;
(e)the availability of alternative locations,not subject
to flooding or erosion damage,for the proposed use;
(f)the compatibility of the proposed use with existing and
anticipated development;
(g)the compatibility of the proposed use to the
comprehensive plan and floodplain management program for
that area;
(h)the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(i)the expected heights,velocity,duration,rate of rise
and sediment transport of flood waters and the effects
of wave action,if applicable,expected at the site,and;
(j)the costs of providing governmental services during and
after flood conditions including maintenance and repair
of public utilities and facilities such as sewer,gas,
electrical,and water systems,and streets and bridges.
(6)Upon consideration of the factors listed above,and the
purposes of this Ordinance,the City Commission may attach
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such conditions to the granting of variances asit deems
necessary to further the purposes of this Ordinance.
(7)Conditions for granting Variances from this Ordinance:
(a)Variances shall only be issued upon a determination that
the variance istheminimumnecessary,consideringthe
flood hazard,to afford relief;and in the instance of
a historical building,a determination that the variance
isthe minimum necessarysoasnottodestroythe
historic character anddesignofthe building;
(b)Variances fromthisOrdinanceshallonlybeissuedupon:
(i)a showing of good and sufficient cause;
(ii)a determination thatfailureto grant the variance
would result in exceptional hardship;and,
(iii)a determination that the granting ofa variance will
not result in increased flood heights,additional
threats to public safety,extraordinary public
expense,create nuisance,cause fraud on or
victimization of the public,or conflict with
existing local laws or ordinances.
(c)Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the Jbase flood elevation and the elevation to which the
building is to be built and stating that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(d)The Building Official shall maintain the records ofall
appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
Section 18.GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
Inall areas of special flood hazard the following provisions are
required:
(1)New construction and substantial improvements shall be
anchored to prevent flotation,collapse or lateral movement
of the structure;
(2)New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
(3)New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(4)Electrical,heating,ventilation,plumbing,air conditioning
equipment,and other service facilities shall be designed
and/or located soas to prevent water from entering or
accumulating within any component during conditions of
flooding;
(5)New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system;
(6)New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters;
Flood Damage Prevention Ordinance Page 9 of 11
certified bysame.When flood-proofing is utilized fora
particular building,said certification shall be prepared byor
under the direct supervision ofa professional engineer or
architect and certified by same.Any work undertaken prior to
submission of the certification shall be at the permit holder's
risk.The Building Official shall review the floor elevation
survey data submitted.Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further
progressive work being permitted toproceed.Failure to submit the
survey or failure to make said corrections required hereby,shall
be cause to issue a stop-work order for the project.
Section 16.DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
The duties of the Building Official shall include,but not be
limited to:
(1)Review all Development Permits to assure that the permit
requirements of this Ordinance have been satisfied;
(2)Advise permittee that additional federal or state permits may
be required,and if specific federal or state permit
requirements are known,require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3)Notify adjacent communities,Metro-Dade County Department of
Environmental Resource Management,South Florida Water
Management District and South Florida Regional Planning
Council prior to any alteration or relocation ofa
watercourse,and submit evidence of such notification to the
Federal Emergency Management Agency.
(4)Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that flood-carrying
capacity is not diminished.
(5)Verify and record the actual elevation (in relation to mean
sea level)of the lowest floor (including basement)of all new
or substantially improved buildings,in accordance with
Section 15,subsection (2)of this Ordinance.
(6)Verify and record the actual elevation (in relation to mean
sea level)to which the new or substantially improved
buildings have been flood-proofed,in accordance with Section
15,subsection (2)of this Ordinance.
(7)When flood-proofing is utilized for a particular building,the
Building Official shall obtain certification from a registered
professional engineer or architect,in accordance with Section
19,subsection (2)of this Ordinance.
(8)Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (e.g.,where
there appears to be a conflict between a mapped boundary and
actual field conditions)the Building Official shall make the
necessary interpretation.The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this Ordinance.
(9)When base flood elevation data or floodway data have not been
provided in accordance with Section 7,then the Building
Official shall obtain,review and reasonably utilize any base
flood elevation and floodway data available from a federal,
state or other source,in order to administer the provisions
of Sections 18,19,and 20.
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(7)On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding;
(8)Any alteration,repair,reconstruction or improvements toa
building which isin compliance with the provisions of this
Ordinance,shall meet the requirements of new construction as
contained in this Ordinance;and,
(9)Any alteration,repair,reconstruction or improvements toa
building which is not in compliance with the provisions of
this Ordinance,shall be undertaken only if said non
conformity is not furthered,extended,or replace.
Section 19.SPECIFIC STANDARDS FOR FLOOR HAZARD REDUCTION
Inall areas of special flood hazard where Jbase flood elevation
data have been provided,as set forth in Section 7or Section 16,
subsection (9),the following provisions are required:
(1)Residential Construction
New construction or substantial improvement of any residential
building shall have the lowest floor,including basement,
elevated no lower than the Jbase flood elevation.Should solid
foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded movements of
flood waters shall be provided in accordance with standards
of Section 19,subsection (3).
(2)Non-Residential Construction
New construction or substantial improvement of any commercial,
industrial,or non-residential building shall have the lowest
floor,including basement,elevated no lower than the Jbase
flood elevation.A registered professional engineer or
architect shall certify that the standards of this subsection
are satisfied.Such certification shall be provided to the
Building Official as set forth in Section 16,subsection (7).
(3)Elevated Buildings
New construction or substantial improvements of elevated
buildings that includefully enclosed areas formed by
foundation and other exterior walls below the jbasre flood
elevation shall be designed to preclude finished living space
and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior
walls.
(a)Designs for complying with this requirement must either
be certified bya professional engineer or architect,or
meet the following minimum criteria:
(i)Provide a minimum oftwo openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii)The bottom ofallopeningsshallbenohigherthan
one foot above grade;and,
(iii)Openings maybe equipped with screens,louvers,
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
(b)Access to the enclosed area shall be the minimum
Flood Damage Prevention Ordinance Page 10of11
necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment used in
connection with the premises (standard exterior door)or
entry to the living area (stairway or elevator);and,
(c)The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
Section 20.STANDARDS FOR SUBDIVISION PROPOSALS
(1)All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2)All subdivision proposals shall have public utilities and
facilities such as sewer,gas,electrical and water systems
located and constructed to minimize flood damage;
(3)All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards;and,
(4)base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater
than the lesser of fifty lots or five acres.
Section 21.If any section,clause,sentence,or phrase of this
Ordinance is held tobe invalid or unconstitutional byanycourt
of competent jurisdiction,then said holding shall inno way affect
the validity of the remaining portions of this Ordinance.
Section 22.All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed [Editor's Note:this
specificallyreferstoOrdinance No.452,§1,adoptedSeptember
20,1960,as contained in Section 7-5of the Code of Ordinances].
Section 23.This Ordinance willtake effect immediately atthe
time of its passage.
PASSED AND ADOPTED this17dayof November ,1992.
ATTEST:APPROVED:
'1M:
CITY—CLERK MAYOR
READ AND APPROVED AS TO FORM:PASSED FIRST READING
PASSED SECOND READING
/^^T^Vfe,
CITY ATTORNEY
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