§ 30-63. General standards.

In all areas of the city, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions:

(1)

New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors;

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage for all areas below the base flood elevation;

(4)

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage, both to the proposed structure and surrounding properties. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters or groundwaters;

(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 to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article;

(9)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this article, shall be undertaken only if said nonconformity is not furthered, extended, or replaced;

(10)

All applicable additional federal, state, and local permits shall be obtained and submitted to the city's building department. Copies of such permits shall be maintained on file with the building permit. State of Florida permits may include, but not be limited to the following:

a.

South Florida Water Management District(s): in accordance with F.S. § 373.036(2)(a), flood protection and floodplain management.

b.

Department of community affairs: in accordance with F.S. § 380.05, areas of critical state concern, and F.S. ch. 553, part IV, Florida Building Code.

c.

Department of health: in accordance with F.S. § 381.0065, onsite sewage treatment and disposal systems.

d.

Department of Environmental protection, coastal construction control line: in accordance with F.S. 161.053, coastal construction and excavation.

(11)

Standards for subdivision proposals and other proposed development (including manufactured homes):

a.

Such proposals shall be consistent with the need to minimize flood damage, both within the site and to properties adjacent to the site;

b.

Subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;

c.

Proposals shall have adequate drainage provided to retain stormwater runoff within the project site, to reduce exposure to flood hazards for the proposed structures and adjacent properties;

d.

Require base flood elevation data from the Applicant for subdivision proposals greater than 50 lots or five acres.

(12)

The following disclosure shall be required to be included in contracts for sale of real estate. In any contract for the sale of improved real estate located in the city that is in a special flood hazard area, the seller shall include in the contract or a rider to the contract the following disclosure in not less than ten-point bold-faced type:

THIS HOME OR STRUCTURE IS LOCATED IN A SPECIAL FLOOD HAZARD AREA. IF THIS HOME OR STRUCTURE IS BELOW THE APPLICABLE FLOOD ELEVATION LEVEL AND IS SUBSTANTIALLY DAMAGED OR SUBSTANTIALLY IMPROVED, AS DEFINED IN THE CITY OF MIAMI GARDENS FLOODPLAIN MANAGEMENT ORDINANCE, IT MAY, AMONG OTHER REQUIREMENTS, BE REQUIRED TO BE RAISED TO THE CURRENT FLOOD ELEVATION LEVEL AS DEPICTED IN SAID ORDINANCE.

(13)

For all proposed development, when the proposal falls within a special flood hazard area having more than one BFE, the most stringent of the BFE's shall be used, as referenced in section 30-36.

(14)

For all proposed development, and when the city provides flood hazard information to the public, it is a city determination that when any portion of a proposed structure falls within a special flood hazard area (SFHA), the entire structure is considered to be within the SFHA, and must comply with the standards specified for that SFHA.

(Ord. No. 2009-20-192, § 2(art. V, § A), 9-8-2009)