§ 11C-3. Development in either Special Flood Hazard (SFH) Areas, Coastal High Hazard (CHH) Areas, or Outside Special Flood Hazard Areas.

The County official responsible for the administration and enforcement of this chapter shall (to the extent not otherwise prohibited by Sections 11C-4 and 11C-5 with respect to development within SFH and CHH Areas):

(a)

Require building permits for all proposed construction or other improvements within said areas; and

(b)

Review building permit applications for repairs within said areas to determine that the proposed repair:

(1)

Uses construction materials and utility equipment which are resistant to flood damage; and

(2)

Uses construction methods and practices which will minimize flood damage.

(c)

Review building permit applications for new construction or substantial improvements within said areas to assure that the proposed construction (including prefabricated and mobile homes):

(1)

Is protected against flood damage,

(2)

Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure,

(3)

Uses construction materials and utility equipment which are resistant to flood damage, and also uses construction methods and practices which will minimize flood damage.

(4)

Provides in the plans part of the building permit application the appropriate flood plain information including Miami-Dade County Flood Criteria, crown of road information, Federal Flood Zone and base flood elevation.

(d)

Review subdivision proposals and other proposed new developments to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage, and

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood damage, and

(3)

Adequate drainage is provided so as to reduce the exposure to flood hazards; and

(e)

Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of flood waters into the systems and plants and discharges from the systems and plants into flood waters, and require on-site waste water disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

(f)

Require a lowest floor elevation of floodproofing certification, before tie-beam inspection and after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the County a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a 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 County 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 to proceed. 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.

(g)

Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) include within such proposals base flood elevation data, Miami-Dade County Flood Criteria, existing grade and crown of adjacent road elevation.

(h)

Obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal, State, or other source, including data development pursuant to Section 11C-3(g), as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community's FIRM meet the standards in this chapter.

(i)

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, U.S.C. 1334.

(j)

In coastal high hazard areas, the County shall review plans for adequacy of breakaway walls in accordance with Sections 11C-4(e), (f) and (g).

(k)

When base flood elevation data or floodway data have not been provided in accordance with Section 11C-7(b), then the County shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal, State or other source, in order to administer the provisions of this chapter.

(l)

All records pertaining to the provisions of this chapter shall be maintained in the office of the County official and shall be open for public inspection.

(m)

Review proposed development to assure that no use shall be make for other than crop, grove, nursery and grazing purposes, or similar uses, and no building of any type shall be constructed, erected upon or moved to any land below the elevation established by the County Flood Criteria Map as adopted by the Board of County Commissioners, or the back of sidewalk elevation of the road fronting the property, or if there is no sidewalk, the elevation of the crown of road or street abutting such building site, whichever is higher. And before any such land shall be used, except as above authorized, it shall be filled as required by the directors of Departments of Environmental Resources Management and Public Works.

For uses other than residential requiring a floor, the floor elevation shall be a minimum of four (4) inches above the elevation established by the County Flood Criteria Map, or the back of sidewalk elevation, or if there is no sidewalk, the elevation of the highest crown of road or street abutting such building site, whichever is higher, or if the road has no crown, then the highest edge of cross section of the road shall apply. For all residential uses, the floor elevation shall be a minimum of eight (8) inches above the elevation established by the County Flood Criteria Map, or the back of sidewalk elevation, or if there is no sidewalk, the elevation of the highest crown of road or street abutting such building site, whichever is higher, or if the road has no crown, then the highest edge of cross section of the road shall apply. In all cases and for all uses and whether the property is located in a Special Flood Hazard Area, or outside, the floor elevation obtained as above described, shall be compared against the base flood elevation shown in the Flood Insurance Rate Maps and the higher of the two (2) shall be used for design and construction.

The provisions of this subsection shall not apply to off-street parking facilities constructed underground and other similar types of below grade areas within a building which are not lowest floor and contain neither electrical nor mechanical equipment. All such facilities constructed below grade shall be designed and constructed and contain essential equipment, if necessary, to prevent infiltration and accumulation of water or to provide for immediate and continuous elimination of water. A Florida registered engineer or architect shall submit data and a floodproofing certificate to assure that the design complies with all guidelines of Section 11C-5(b).

(n)

If in the review of a building application within the unincorporated areas of Miami-Dade County, it is determined that in the application of the provisions of Section 11C-3(m) of this Code the building applicant would be otherwise required to provide flood protection in excess of the requirements of this chapter, then it shall be the responsibility and authority of the Director of the Department of Environmental Resources Management, or his designee, to review such plans and may grant a variance to the requirements of Section 11C-3(m) of this Code to provide flood protection which is no less than the flood protection required by this chapter based upon good engineering practice. Said decision shall be subject to appeal in accordance with Section 11C-12(j) of this Code.

(Ord. No. 87-75, § 1, 11-3-87; Ord. No. 92-150, § 1, 12-1-92)