§ 802. Floodplain Management.
802.1. Purpose and Intent.
The objectives of the floodplain management regulations are to: (1) protect human life and health; (2) minimize the potential for property damage and personal injury from flooding; (3) minimize expenditure of public money for costly flood control projects; (4) minimize the need for rescue and relief efforts associated with flooding, which are generally undertaken at the expense of the general public; (5) minimize damage to public facilities and utilities located in the one hundred-year floodplain; (6) maintain a stable tax base by providing for the sound use of flood prone areas in such a manner as to minimize future flood blight areas; (7) restrict adverse interference with the normal movement of surface waters; (8) maintain the natural hydrological and ecological functions of wetlands and other flood prone lands; and (9) enable Manatee County to qualify for participation in the National Flood Insurance Program.
802.2. Applicability.
All new construction, development, or substantial improvements proposed within the limits of the one hundred-year floodplain as identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study with the accompanied maps, shall comply with the requirements of this Section, in addition to the applicable standards identified elsewhere in this code and the Manatee County Public Works Standards Manual. Areas seaward of the five-foot mean sea level topographic contour, shall also meet additional requirements of Section 403.8, Coastal High Hazard Area Overlay District (CH).
802.3. Administration.
The Department Director shall perform the following specific duties:
A.
Determine any additional information that must be submitted for review before the approval of a development within the one hundred-year floodplain.
B.
Where interpretation is needed as to the exact location of the boundaries of the area of the one hundred-year floodplain (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), or required floor elevations, the Department Director shall make the necessary interpretation. The person contesting the location of a boundary may request an interpretation as provided in Section 311 Interpretations of this Code.
C.
Obtain and utilize Base Flood Elevations by obtaining available data from a Federal, State or other source (USGS, SWFWMD, Army Corps, DEP) to determine the Flood Protection Elevation for undetermined zones.
D.
Maintain a record of all variances, including justifications for their issuance, and submit a copy annually to the Federal Insurance Administrator.
E.
Upon the submission of any construction or development proposal, review the location of the subject property on the Flood Insurance Rate Maps (FIRM) and the Flood Boundary and Floodway Map, and determine the applicable zone, minimum floor elevations and development standards.
F.
Assign a designee to review all Floodplain Management Permits and Building Permits and other applicable development orders and approvals to assure that the permit requirements of this Section have been satisfied.
G.
Advise permittee that additional federal or state permits may be required, if specific federal or state permit requirements are known, and require copies to be submitted before issuance of a permit.
H.
Notify the adjacent communities, the Federal Emergency Management Agency, and the State of Florida Department of Community Affairs prior to any alteration or relocation of a watercourse; and submit evidence of such notification to the Federal Emergency Management Agency and the State of Florida, Department of Community Affairs.
I.
Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) for new and substantially improved structures.
802.4. Floodplain Management Permit Required.
A floodplain management permit shall be required from the County prior to the application for a building permit related to any development activity within the one hundred-year floodplain. Floodplain management permits shall neither be transferrable, nor shall run with the land. A floodplain management permit shall remain valid unless:
A.
The Floodplain Management standards are adversely amended; or
B.
The development deviates from that authorized by the permit.
802.5. Floodplain Management Permit Procedures.
Application for a floodplain management permit shall be made to the Department Director on forms furnished, prior to the application for any building permit. The application may require, among other things, pertinent plans prepared by an engineer, drawn to scale, showing the nature, location dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; delineation of the flood insurance zones and floodways with their respective boundaries and elevations; elevations of the lowest floor; and type of building materials. In case of a conflict between a floodplain management permit requirement and a requirement from another development standard, the floodplain management permit shall govern in regards to floodplain management requirements.
802.6. Floodplain Management Standards.
A.
General Standards. All proposed development and construction activities in the one hundred-year floodplain shall meet the following requirements, in addition to the applicable standards identified elsewhere in this code.
1.
All new construction including above ground and buried storage tanks, shall be anchored as necessary to prevent flotation, collapse or lateral movement of the structure.
2.
All new construction shall use materials and utility equipment resistant to flood damage.
3.
All new development shall use methods and practices that minimize flood damage, collapse or infiltration.
4.
All new and replacement water supply, sewerage, and waste disposal systems shall be located and designed to:
a.
avoid impairment to them;
b.
minimize contamination from or to them;
c.
eliminate infiltration of flood waters into the systems; and
d.
have a backflow prevention device required for all systems connected to the Manatee County Public Water Supply, or any private or public water well.
5.
Adequate assurance shall be provided that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
6.
Improvements to or construction on a given property shall not increase the rate of runoff so as to adversely impact adjacent property owners.
7.
All development, substantial improvements and new construction shall meet the lowest floor elevation and other requirements of this Code. The lowest floor elevation for floodplain management purposes shall be one of the following:
a.
All existing structures and additions to them that meet or exceed the Base Flood Elevation shall be considered conforming for floodplain management elevation provisions.
b.
All Pre-Firm Structures that are substantially damaged or substantially improved structures must meet or exceed the Base Flood Elevation.
c.
All new construction must meet or exceed the Flood Protection Elevation.
8.
Small, detached, accessory structures, such as sheds, garages, which are resistant to flood damage, containing no habitable space, and having a maximum fair market value of ten thousand dollars ($10,000.00) may be granted an exemption for the elevation requirements by the Department Director in accordance with the Federal Emergency Management Agency (FEMA) rules, policy, and interpretations. These exempted structures shall be firmly anchored and constructed and placed on the lot so as to offer the minimum resistance to the flow of flood waters and not cause damage to other structures. This exemption does not apply to services such as electrical, plumbing and mechanical.
9.
All fill within the one hundred-year floodplain shall be compensated by creation of stormwater storage of an equal or greater volume, credited above the seasonal high water table, with such compensatory storage also located within the one hundred-year floodplain. Stormwater retention and detention volumes below the seasonal high water table shall not be used to compensate for the placement of fill within the one hundred-year floodplain. Stormwater retention and detention facilities within the one hundred-year floodplain adjacent to a tidally influenced water body shall not be subject to this performance standard. All fill and earthmoving shall comply with all provisions of this Code and Section 702, Earthmoving.
10.
For parcels within the twenty-five-year floodplain, new habitable structures shall be located outside of the twenty-five-year floodplain, if reasonably possible. If the property owner cannot locate the structure outside of the twenty-five-year floodplain, then the property owner shall make application for an Administrative Permit. An Administrative Permit for such uses shall be granted upon finding that the proposed structure is located and designed to minimize and mitigate possible property damage in the event of a Twenty-five-Year Storm Event.
This limitation shall not preclude the development of water dependent uses, stormwater management facilities, or non-habitable structures, where appropriate, and applies only to areas where the mapping of the twenty-five-year floodplain has been completed and adopted as part of this Code or where existing water surface profiles can be used to identify the twenty-five-year floodplain. In any case, the best available source of information for the twenty-five-year floodplain shall be used. It shall be the responsibility of the applicant to provide engineering data to substantiate compliance with this Section. The Department Director shall administer and approve development plans only after verifying compliance with this Section for each development.
11.
No storage area for hazardous or acutely hazardous waste material and no other hazardous substance material including fuel storage tanks may be located within a Floodway.
12.
Non-residential buildings may be floodproofed as allowed by this Code and FEMA's "Floodproofing Non-Residential Buildings" guide.
B.
Specific Standards. The following additional standards shall apply to new and expanded development and new and substantially improved structures:
1.
Standards for Waters without Established Base Flood Elevations and/or Floodways. Structures located within the one hundred-year floodplain where no basic flood data has been provided, or where no floodways have been provided, are subject to the following provisions:
a.
No encroachments, including fill material or structures shall be located within thirty (30) feet horizontally from each side at the top of the shoreline unless more restrictive setbacks are required elsewhere. Projects which have Special Exception status under Section 103.2 are exempt from this thirty-foot setback as it applies to wetlands; and
b.
New construction or substantial improvements of structures shall be constructed to the elevation and other floodplain management standards of this Code.
2.
Coastal High Hazard Areas. The following provisions shall apply in the Coastal High Hazard Area; unless more restrictive standards are found elsewhere in this Code.
a.
All buildings or structures shall be located a minimum of twenty-five (25) feet landward of the reach of the shoreline. Swimming pools and screened pool cages located at grade level may be located within five (5) feet of a vertical seawall of adequate design to support the surcharge load. Swimming pools located above existing grade level are considered impermissible obstructions unless they meet the performance standards of the Federal Emergency Management Agency's Technical Bulletin No. 5-93 (Free-of-Obstruction Requirements for Buildings Located in Coastal High Hazard Areas) or when located landward of the principal structure and meets the following requirements:
i.
Engineering and certification shall be provided for all structures including swimming pools and pool cages to prevent the flotation, collapse or lateral movement of the structure. The design shall be adequate to withstand flow surge and backflow; and
ii.
Water dependent uses, mobile homes and recreational vehicles, are exempt from the twenty-five-foot setback above, however they are subject to other setback provisions of this Code or any other applicable local, state or federal regulation.
b.
There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (therefore rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The Department Director shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, or soil scientist which demonstrates that the following factors have been fully considered;
i.
Particle composition of fill material does not have a tendency for excessive natural compaction;
ii.
Volume and distribution of fill will not cause wave deflection to adjacent properties;
iii.
Slope of fill will not cause wave run-up or ramping;
iv.
The ultimate impact of landscaping and ground cover at maturity;
v.
There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage;
vi.
The impact on saline wetlands and coastal marshes;
vii.
All fill shall meet the requirements of this Section and other applicable regulations;
viii.
Substantially damaged habitable structures shall be relocated to a new location that is outside of the Coastal High Hazard Area Overlay if sufficient land is available on the parcel; and
ix.
All development within the Coastal High Hazard Overlay District shall comply with the provisions of Section 403.8, Coastal High Hazard Area Overlay.
3.
Floodways. The following provisions shall apply: to all floodways unless more restrictive elsewhere.
a.
Prohibit encroachments, including fill, new construction, substantial improvements, lateral additions, waterfront structures and other developments within the floodway unless a "no-rise certification" (with supporting technical data) prepared by an engineer is provided demonstrating that the encroachments will not cause any of the following:
i.
Any increase in flood levels during occurrence of the base flood discharge; or
ii.
An adverse impact on adjacent properties caused by increase of flow, velocity of flood waters, or increased erosion.
b.
Prohibit the placement of mobile homes and park trailers except in pre-FIRM and existing mobile home or RV park or subdivision.
4.
Areas of shallow flooding (AO and AH Zones). These areas have base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:
a.
All new construction and substantial improvements of structures shall have the lowest floor, including basement, elevated to three (3) feet above existing grade where no base flood elevation is specified;
b.
Nonresidential buildings may be floodproofed;
c.
All new subdivision proposals and other proposed non-agriculture developments, (including proposals for mobile home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data. This data shall include Base Flood Elevations (BFE) and Flood Protection Elevations (FPE) for each lot; and
d.
All developments subject to this Section c shall also obtain Federal Emergency Management Agency (FEMA) approval.
5.
Multi-Zone Lots.
a.
If part of the structure is located in the A Zone and the remaining portion is located in the B, C or X Zone, then the entire structure must be elevated to the A Zone required lowest floor elevation and must conform to the standards of this Code and the Manatee County Floodplain Management Code.
b.
If part of a parcel is located in the Floodway, then any structure on the parcel, if within fifty (50) feet of the floodway, must be elevated to the required lowest floor elevation for the floodway and conform to the construction standards for floodways in the Manatee County Floodplain Management Code. An applicant may seek relief from this requirement by submitting detailed, engineering data describing any natural features and existing structures which may have a mitigating effect on the hazards of swift flowing waters normally associated with the floodway. All submitted data shall be signed and bear a raised seal affixed by an engineer. This shall be reviewed and the appropriate elevation and construction standards shall be determined by the Department Director. This study shall be done in accordance with procedures and guidelines established by the Federal Emergency Management Agency (F.E.M.A.).
c.
If part of a parcel is located in the Velocity Zone then any structure on the parcel within fifty (50) feet of the velocity zone, must be elevated to the V Zone required lowest floor elevation and conform to the standards for velocity zones in the Manatee County Floodplain Management Code. An applicant may seek relief from this requirement by submitting detailed engineering data describing any natural features and existing structures which may have a mitigating effect on the wave action normally associated with the V Zone. This shall be reviewed and the appropriate elevation and construction standards shall be determined by the Department Director. This study shall be done in accord with procedures and guidelines established by Federal Emergency Management Agency (F.E.M.A.).
6.
Development.
a.
In a new or expanded development, each lot located in the one hundred-year floodplain must include a site suitable for constructing the building in conformity with the Manatee County floodplain regulations.
b.
All development proposals shall be consistent with the need to minimize flood damage and shall not increase rate of runoff so as to adversely impact adjacent properties.
c.
Flood Protection Elevation data shall be provided for subdivision proposals, lots and other proposed development (including mobile home parks and subdivisions).
7.
Mobile Home, Park Trailer, and Recreational Vehicle.
a.
No mobile home or park trailers shall be placed in a floodway, Coastal Planning Area (see Coastal Planning Area map in the Comprehensive Plan), or Coastal High Hazard Area except in an existing and pre-FIRM mobile home and recreational vehicle park or subdivisions.
b.
All mobile homes and park trailers located within the one hundred-year floodplain shall be anchored to resist flotation, collapse or lateral movement as required by this Code.
c.
New mobile home parks or subdivisions, new Planned Development Recreational Vehicle (PDRV) parks or subdivisions, expansion or substantial improvements to existing parks or subdivisions, and all new individual mobile homes allowed elsewhere, shall meet the following additional requirements.
i.
Shall not be located in the Coastal High Hazard Area, Coastal Planning Area, Coastal High Hazard Area Overlay district or floodway;
ii.
Mobile home and park trailer spaces (pad) in new and expanded parks and subdivisions shall be no more than twenty-four (24) inches below the Flood Protection Elevation (F.P.E.). Mobile home units shall be elevated so that the lowest floor of the unit will be at or above the Flood Protection Elevation (F.P.E.);
iii.
Adequate surface drainage and access for a mobile home hauler shall be provided; and
iv.
These restrictions shall not apply to sites, lots, spaces or pads which are designed for and allow only ready for highway use recreational vehicles.
d.
Pre-FIRM mobile home and pre-FIRM recreational vehicle parks and subdivisions.
i.
Mobile homes and park trailers when placed on a site in a pre-FIRM mobile home, pre-FIRM recreational vehicle park or subdivision shall be elevated so that their lowest floor is at or above the Base Flood Elevation (B.F.E.), when the existing mobile home or park trailer has incurred substantial damage as a result of a flood.
ii.
Mobile homes and park trailers that are placed or substantially improved on sites in pre-FIRM mobile home or pre-FIRM recreational vehicle parks or subdivision in the one hundred-year floodplain shall be elevated and supported by reinforced piers (or other equivalent strength foundation) that are a minimum of thirty-six (36) inches in height above the existing grade. The piers may be less than thirty-six (36) inches and a regular set-up used, provided that the lowest floor is at or above the required Base Flood Elevation (B.F.E.).
All footings shall be adequate to support the weight of the mobile home or park trailer under saturated soil conditions.
iii.
All recreational vehicles in recreational vehicle parks or subdivisions are exempted from the Floodplain Management Section of this Code provided that the vehicles are in the park or subdivision less than one hundred eighty (180) days, are fully licensed, ready for highway use and have no additions.
iv.
Recreational vehicles which are currently on sites, in recreational parks or subdivisions, on the effective date of this Code and which are not fully licensed or not ready for highway use or have additions, are exempted from the Floodplain Management Section of this Code, until they are substantially improved, substantially damaged, enlarged or replaced.
v.
Recreational vehicles installed or erected after the effective date of this Code in new or expanded parks and subdivisions may remain on site for no more than one hundred eighty (180) consecutive days.
vi.
No additions shall be allowed to any new or existing recreational vehicle in the one hundred-year floodplain.
8.
Standards for Subdivision Proposals. In addition to the requirements for development listed above, subdivision proposals shall meet the following:
a.
All subdivision proposals shall be consistent with the need to minimize flood damage, and shall not increase runoff so as to adversely impact adjacent properties.
b.
Each lot of the subdivision located in the floodplain, must include a site suitable for constructing the building in conformity with the applicable standards of this Code.
c.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
d.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
e.
No net loss of stormwater storage within the one hundred-year floodplain will be permitted.
9.
Minimum Floor Elevation. In all situations, the finished floor elevation shall be a minimum of eight (8) inches above the immediate surrounding grade on all sides of the building and the required finished floor elevation shall be determined as follows:
a.
Single-family detached dwellings, duplexes and multi-family dwellings shall be a minimum of twenty-one (21) inches above the highest elevation of the street or crown of the street, whichever is greater; as measured along the entire frontage of the lot on which the building is located and in accordance with adopted Transportation Highway and Drainage Standards.
b.
In special conditions and for non-residential sites, a professional engineer may submit a storm drainage plan to be approved by the Department Director. The storm drainage plan shall provide:
i.
Sufficient relative or actual spot elevations to include: all necessary elevations at property lines or within two hundred (200) feet of the structure, whichever is less; street crown; right-of-way lines; inverts at culverts; existing and proposed finished floor elevations at all buildings;
ii.
Positive drainage away from buildings to a swale located in an easement or storm drainage system with minimum slopes per Transportation Highway and Drainage Standards;
iii.
No flow onto adjacent property without a recorded drainage flowage easement;
iv.
Finished floor elevation of at least eighteen (18) inches above the average grade of the top of bank of either the swale or drainage facility;
v.
Drainage flow arrows specifically indicating the direction of flow to all drainage outfalls; and
vi.
Construction details and cross sections in accordance with the Stormwater Management Design Manual and Highway and Drainage Standards for lot drainage.
In addition to the permit fee, any costs associated with the County Engineering staff verifying the accuracy of the plan and the drainage conditions shall be borne by the applicant.
c.
In all new subdivisions, the Engineer of Record shall show the finished floor elevation for each lot on the construction drawing for the subdivision, prior to approval.
d.
Applicability of Finished Floor Elevation Requirements:
i.
Approved Plans: Structures in developments for which either construction plans or final site plans containing minimum finished floor elevations were approved prior to April 1, 2006, shall be exempt from the drainage regulations and shall comply with the minimum finished floor elevation requirement of eighteen (18) inches above the highest elevation of the street or crown of the street, whichever is greater; as measured on the entire frontage of the lot on which the building is located.
ii.
Pending Plans: Structures in developments for which either construction plans or final site plans containing minimum finished floor elevations was submitted but not yet approved prior to April 1, 2006, shall be exempt from the drainage regulations and shall comply with the minimum finished floor elevation of eighteen (18) inches above the highest elevation of the street or crown of the street, whichever is greater; as measured on the entire frontage of the lot on which the building is located. In the event such an application for construction plan or final site plan approval has been withdrawn after April 1, 2006, any resubmitted construction plan or final site plan shall not be exempt from the elevation requirements contained in this code.
e.
The minimum floor elevations of this Section shall not apply to:
i.
Non-habitable residential attached or detached accessory structures;
ii.
Signs;
iii.
Less than one thousand (1,000) square feet of nonresidential floor area as either a whole building or an addition;
iv.
Additions to existing residential structures; and
v.
Agricultural uses.
However, no such freestanding structure shall be located on a site except in accordance with the applicable provisions of Section 801, Stormwater Management, and Section 802, Floodplain Management.
( Ord. No. 15-29, § 3(Exh. A), 12-3-15 )
802.7. Designation of Maps and Procedures for Amendment.
A.
Floodplain Management Maps. The one hundred-year floodplain and floodways shall be those identified in the Flood Insurance Study for Manatee County with its accompanying Flood Insurance Rate Maps (FIRM), Flood Boundary and Floodway Maps (Floodway), and their respective map indexes, which are prepared by the Federal Emergency Management Agency (FEMA), and bear the common Community Number 120153.
The current and latest editions of the FEMA studies, maps and indexes are hereby adopted and shall be updated as necessary by an ordinance of the Board. The maps and studies shall be maintained and available for public inspection at the Building and Development Services Department.
B.
Procedure for Map Amendment. If an applicant has reason to believe that the boundary lines of the one hundred-year floodplain or the designated limits of the floodway or Coastal High Hazard Areas (V-Zones) are incorrect, then a request for a "Letter of Map Amendment" must be submitted to the Federal Emergency Management Agency in accordance with the requirements established by that Agency. To be approved, the request along with accompanying engineering, computer program, etc. must be approved by the Federal Emergency Management Agency and the appropriate State and County departments. Site specific map amendments when approved shall not require the approval of the Board.
802.8. Floodplain Variances.
A.
Purpose. Variances from the Floodplain elevation standards may be issued for new construction and substantial improvements to be erected on a lot that is contiguous to and surrounded by lots with existing structures constructed below the base flood level. The granting of floodplain variances is limited to sites with a lot area of less than one-half (½) acre; however, deviations from that limitation may occur. When the lot area increases beyond one-half (½) acre, the technical justification required for issuing a variance increases.
Variances shall not be issued within any designated floodway if any increases would result in flood levels during the base flood discharge and shall only be issued upon a determination that the granting of a variance will not result in increased flood heights.
B.
Sufficiency Review. Any variance from floodplain management standards requested pursuant to this section shall be reviewed by the Department Director, who shall determine whether the application is consistent with this section. The Department Director shall issue a determination of consistency prior to the scheduling of the variance for public hearing, and shall submit the report to the Hearing Officer or Historic Preservation Board, as applicable.
C.
Administrative Waivers. Administrative waivers of the Flood Protection Elevation may be approved by the Building Official upon demonstration of just cause. These waivers shall not result in a lowering of the required Flood Protection Elevation of more than two (2.0) inches.
D.
Hearing Officer Review. The Hearing Officer shall hear requests for a variance from the floodplain elevation standards, according to the criteria listed below.
E.
Historic Preservation Board Review. Renovations of or additions to existing historic structures within a Historical and Archeological Overlay District, a historic landmark, property listed with the National Register of Historic Places (listed after 01-01-17) or a historic vista protection area, excluding signs, which require a floodplain variance pursuant to this section shall be reviewed and approved by the Manatee County Historic Preservation Board in lieu of the Hearing Officer.
1.
The proposed work must first be granted a Certificate of Appropriateness by the Manatee County Historic Preservation Board in accordance with the requirements of Section 347 of this Code prior to or concurrent with the floodplain variance.
2.
The proposed lowest habitable floor of the renovation or/addition must be equal to or higher than the elevation of the existing historical structure without the use of fill.
F.
Review Criteria. When reviewing floodplain variance requests, the Hearing Officer and the Historic Preservation Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and the Public Works Standards Manual, and the following criteria:
1.
Variances shall only be issued upon a determination that a unique and unnecessary hardship would result and the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design or designation of the building.
2.
The ability to evacuate a person in time of an impending flood and safety of access to the property in times of flood for ordinary and emergency vehicles;
3.
The necessity of a water dependent use facility to a waterfront location provided that: the structure or other development is protected by methods that minimize flood development is protected by methods that minimize flood damage during the base flood; no additional threats to public safety are created and the other factors of this section are considered;
4.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
5.
The compatibility of the proposed use with existing and anticipated development;
6.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
7.
The danger that materials may be swept onto other lands that may cause injury to others;
8.
The danger of life and property due to flooding or to erosion damage;
9.
The susceptibility of the proposed facility and its contents to flood and erosion damage and the effect of such damage on the individual owner's life and property;
10.
The importance of the services provided by the proposed facility to the community;
11.
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
12.
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.
G.
Conditions. The approving authority may attach conditions to the granting of variances as it deems necessary to further the purposes of this Code.
H.
Notice of Disclaimer. Any applicant to whom a floodplain variance is granted shall be given a written Notice of Disclaimer signed by the Building Official. This Notice of Disclaimer shall be recorded by the applicant in the Clerk of the Circuit Court's office so that the Notice of Disclaimer runs with the land. This notice shall state the following: The variance does not run with the land and applies only to the current structure and use. Any change in the structure (substantial damage, etc.) or use may invalidate this variance. The issuance of a variance to construct a structure below the required elevation will result in increased insurance premium rates for flood insurance and such construction below the required elevation increases the risks to life and property.
I.
Submittal to FEMA. All variances issued for floodplain purposes shall be submitted to the Federal Insurance Administrator.
(Ord. No. 16-02 , § 5(Exh. C), 9-19-16)
802.9. Warning and Disclaimer of Liability.
The degree of flood protection required by Manatee County is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasions. Flood heights can be increased by man-made or natural causes. This section does not imply that land outside the areas of the floodplain or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of Manatee County or by an officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
802.10. Appeals.
See Chapter 2, Part X—Appeals.