| | | | | | | |  | Ordinances - R5 L
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 6, 2022 | | | | 2:05 p.m. Second Reading Public Hearing
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE MIAMI BEACH CITY CODE, ENTITLED "FLOODS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," AND ARTICLE II, ENTITLED "FLOODPLAIN MANAGEMENT," DIVISION 1, ENTITLED "GENERALLY," DIVISION 2, ENTITLED "GENERAL PROVISIONS," DIVISION 3, ENTITLED "ADMINISTRATION," DIVISION 4, ENTITLED "PROVISIONS FOR FLOOD HAZARD REDUCTION," DIVISION 5, "VARIANCE PROCEDURES," AND ARTICLE IV, ENTITLED "STORMWATER MANAGEMENT REQUIREMENTS," IN ORDER TO CONFORM EXISTING PROVISIONS WITH THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM, MANAGED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE FLORIDA BUILDING CODE, INCLUDING BY ADOPTING THE FOLLOWING AMENDMENTS: 1) APPLY THE STANDARDS FOR COASTAL HIGH HAZARD AREAS TO COASTAL A ZONES; 2) MODIFY THE DEFINITION OF SUBSTANTIAL IMPROVEMENT TO INCLUDE SUBSTANTIAL STRUCTURAL ALTERATIONS AND WORK DETERMINED TO BE A LEVEL 3 ALTERATION UNDER THE FLORIDA BUILDING CODE, AND MODIFY OTHER RELATED DEFINITIONS; AND 3) ADOPT REQUIREMENTS FOR CERTAIN IMPROVEMENTS THAT ARE NOT SUBSTANTIAL IMPROVEMENTS, AND FOR BUILDINGS AND STRUCTURES IN FLOOD AREAS; AND BY ADOPTING OTHER RELATED AMENDMENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the amendments in the attached Ordinance, to be consistent with the State’s model flood ordinance and Florida Building Code. |
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| | | | | | | | BACKGROUND/HISTORY
| The City Commission has determined it appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for at-grade wet floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy. Chapter 54 of the Miami Beach City Code entitled “Floods” was originally authored based off of the State released FEMA Policy #104-008-03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures.
The Mayor and City Commission previously adopted requirements to: 1) adopt requirements for critical facilities; 2) require buildings that sustain repetitive flood damage over a 10-year period to be determined substantially damaged; and 3) require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a one year period, for buildings and structures in flood areas for the purpose of the NFIP Community Rating System and, pursuant to Chapter 8 Article III of the Miami-Dade County Code and section 553.7(5). F.S., formatting that requirement to coordinate with the Florida building Code
The City of Miami Beach participates in the National Flood Insurance Program (NFIP) Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements. In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community’s efforts that address the three goals of the program:
Reduce and avoid flood damage to insurable property;
Strengthen and support the insurance aspects of the National Flood Insurance Program;
Foster comprehensive floodplain management.
The City has achieved a Class 5 in the NFIP’s Community Rating System resulting in a 25% discount in flood insurance premiums.
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| | | | | | | | ANALYSIS
| Part of the NFIP’s Community Rating System included a review of the City’s floodplain management regulations found in of Chapter 54- Floods of the City Ordinance, found that the City’s existing floodplain management regulations do not fully comply with the NFIP minimum requirements and identified clarifications and corrections necessary to satisfy the requirements of the National Flood Insurance Program and achieve consistency with the Florida Building Code. Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation, and enforcement of the Florida Building Code.
Additionally, In 2020 the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and to satisfy the prerequisite and for the City of Miami Beach to maintain the current CRS rating, all manufactured homes installed or replaced in special flood hazard areas must be elevated such that the lowest floors are at or above at least the base flood elevation plus 1 foot. The City’s current regulations must be amended to adequately address manufactured homes.
The attached ordinance adopts new requirements to: 1) amend designated Coastal A Zones to the same standards as Coastal High Hazard Areas; 2) modify the definition of substantial improvement to include substantial structural alterations and work determined to be alteration level 3 in accordance with the Florida Building Code; and 3) adopt requirements for certain improvements that are not substantial improvements, for buildings and structures in flood areas for the purposes of the NFIP Community Rating System and, pursuant to Chapter 8 Article III of the Miami-Dade County Code and section 553.7(5). F.S., formatting that requirement to coordinate with the Florida Building Code. Furthermore, the Ordinance will create a new Article IV under Chapter 54, entitled “Stormwater Management Requirements,” to provide standards for management of stormwater in order to improve the City's stormwater management system performance, while taking into consideration potential sea level rise over the next 50 years and the impacts sea level rise would have on the City's stormwater infrastructure.
Failure to make said amendments would result in FEMA suspending the City from participating in the NFIP.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | NONE |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
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| | | | | | | | Strategic Connection
| | Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. |
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| | | | | | | | Legislative Tracking
Building |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez |
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