§ 23-601. GENERAL

a. Title. These regulations shall be known as the Floodplain Management Ordinance of City of Lake Wales, hereinafter referred to as “this Division.”

b. Scope.  The provisions of this Division shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

c. Intent.  The purposes of this Division and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)   Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)   Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)   Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)   Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)   Minimize damage to public and private facilities and utilities;

(6)   Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)   Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(8)   Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

d. Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code.  Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.   

e. Warning.  The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations.  Larger floods can and will occur.  Flood heights may be increased by man-made or natural causes.  This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.  The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program.  No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance.

f. Disclaimer of Liability.  This ordinance shall not create liability on the part of the City of Lake Wales or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder.   

(Ord. No. 2016-19, § 2, 10-18-16)