§ 38-7. Determination of damage, buildback policy, moratoria, emergency repairs, and emergency permitting system.

(a)

Determination of damage. The primary task of the local damage assessment team (team) shall be to identify structures that have been damaged as a result of the disaster. The team shall catalog and report to the chief building official those structures that have been destroyed, received major damage, and/or received minor damage. The chief building official shall then, as may be necessary, inspect the damaged structures and place each structure in one of the damage categories provided for by this article and catalog estimated flood levels. The assessment shall also serve as a basis for determining if federal and state disaster declarations are warranted. The team shall be authorized to:

(1)

Label or placard homes or facilities that are deemed unsafe for entry or occupancy;

(2)

Provide coordination with fire and emergency medical services personnel during search and rescue operations, where there is evidence of a compromise in structural safety;

(3)

Utilize data from GIS or other resources to determine residential locations that may be eligible for disaster relief programs based on damage paths or community demographics; and

(4)

Make recommendations to the chief building official, or authorized certifying official, regarding the level appropriate of occupancy for damaged structures while temporary or emergency repairs are taking place.

(b)

Buildback policy. Structures which have been destroyed by natural or manmade disasters to the extent that the cost of reconstruction or repair exceeds 49 percent of the replacement value of the structure may be reconstructed, but only in accordance with the legally documented actual use, density, size, style, and type of construction including square footage existing at the time of destruction, thereby allowing such structures to be rebuilt or replaced to the size, style, and type of original construction, including original square footage; provided, however, that the affected structure, as rebuilt or replaced, complies with all applicable federal, state and local regulations which local requirements do not preclude reconstruction otherwise intended by this policy. This buildback policy shall be activated upon declaration of a state or federal state of disaster. In accordance with this policy:

(1)

Structures damaged up to and including 49 percent of the replacement value at the time of disaster may be rebuilt to the original condition, with repair work subject to current building and life safety codes;

(2)

Structures damaged by the disaster by more than 49 percent of the replacement value at the time of the disaster may be rebuilt to the original square footage and density, provided that the structure complies with:

a.

Federal and county requirements for elevation above the one percent annual chance of a flood event as defined on the existing flood insurance rate maps (FIRM);

b.

Collier County Building Code requirements for accessibility and flood proofing;

c.

Current building and life safety codes;

d.

Coastal construction control line regulations which do not preclude reconstruction otherwise intended by this policy; and

(3)

Any required county zoning or other development regulations, with the exception of existing density or intensity requirements, shall apply unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by this buildback policy as determined by the emergency review board; and

(4)

To minimize the need for individual variances or compliance determinations prior to reconstruction, the county manager, or his designee, through the emergency review board may initiate processes to grant administrative waivers, deviations or variances from the provisions or standards of the LDC affecting setback, parking buffering, signage and/or open space requirements. The emergency review board may require documentation as to the actual uses, densities, and intensities existing prior to the disaster event and at the time of the original construction through such means as, but not limited to, photographs, diagrams, plans, affidavits, and permits prior to authorizing modifications to the above requirements. In no instance shall the parking requirements be modified where the reconstruction involves an increase in density or intensity of use. The LDC requirements may be modified as follows:

a.

Setbacks. Front, rear, side, or water body setbacks shall be modified to permit the reconstruction of existing structures that are non-conforming with regard to a specific setback only so long as:

1.

The reconstruction will not result in an increase in the height of the structure as defined by the LDC;

2.

The reconstruction will not result in a further diminution of the setback. The emergency review board may approve bay windows, chimneys and similar architectural features that may encroach further into the setback provided the encroachment does not protrude beyond the existing overhang of the building;

3.

Front, side, or water body setbacks may be modified to permit the construction of a handicapped access appurtenance to any reconstructed building;

4.

Front, rear, side, or water body setbacks may be modified to allow the replacement of stairs or decking that provides access into any reconstructed dwelling unit;

5.

Front, rear, side, or water body setbacks may be modified to legitimize minor existing encroachments in setbacks discovered at the time of reconstruction; and

6.

Buildings or structures that are not in compliance with current setback regulations and which can be proven to have been permitted prior to the adoption of such regulations shall be considered legally non-conforming and shall also be reviewed by the emergency review board pursuant to this section.

A letter, signed by the community development and environmental services administrator, or designee, verifying that modifications to the development standards have been approved under the terms of this article shall be provided to the property owner to be recorded in the official records of the county. A copy of this letter shall be included in the permanent file for each building permit authorizing the reconstruction.

b.

Parking. Non-residential parking requirements shall be modified only under the following circumstances:

1.

To improve ingress and egress to the site in accordance with the county access management plan.

2.

To eliminate or reduce the instances where conditions require that parked vehicles back out onto the public streets.

3.

To allow for the provision of handicapped parking spaces in accordance with the LDC.

A letter, signed by the community development and environmental services administrator, or designee, verifying that the parking requirement modifications have been approved under the terms of this article shall be provided to the property owner to be recorded in the official records of the county. A copy of such letter shall be included in the permanent file for the site development plan or site improvement plan approved for the subject property.

c.

Buffering and/open space. Buffering or open space requirements shall be modified only under the following circumstances:

1.

To accommodate modifications to existing parking areas or additional parking areas.

2.

To accommodate changes as a result of reconstruction.

3.

In no instance shall buffering or open space areas be eliminated.

4.

A letter, signed by the community development and environmental services administrator, or designee, verifying that the buffering or open space requirement modifications have been approved under the terms of this article shall be provided to the property owner to be recorded in the official records of the county. A copy of this letter shall be included in the permanent file of any site development plan or site improvement plan approved for the subject property.

5.

The initial build-back period for administrative reviews by the emergency review board shall be six months. This period may be extended by the BCC taking the extent and severity of the disaster into account.

(c)

To expedite recovery efforts and repair to damaged structures, the emergency review board is further authorized to:

(1)

Allow the temporary use of recreational vehicles for living purposes on property where damage has rendered the principal residence uninhabitable for a period of six months after the disaster event. This period may be extended by the board taking the extent and severity of the disaster into account.

(2)

Allow the temporary staging of vegetative debris and the mulching and removal of the debris on sites previously designated by the public utilities administrator for such use and approved for such use by the community development and environmental services administrator for a period of six months after the disaster event;

(3)

Allow temporary signs for businesses whose signs have been damaged or destroyed until such time as replacement signs are permitted and receive a certificate of completion and to eliminate or reduce fees for temporary use permits associated with these signs for a period of six months after the disaster. This period may be extended by the board taking the extent and severity of the disaster into account; and

(4)

Suspend the requirement for tree removal permits for the removal of trees damaged by the disaster for a period of 90 days after the disaster event. This period may be extended by the board taking the extent and severity of the disaster into account; and

(5)

Allow repair to minor damaged structures, other than single-family homes and the replacement of accessory structures not containing habitable space through the building permit process, without requiring the submittal of a site development plan or site improvement plan for a period of up to six months after the disaster event, under the following conditions:

a.

Evidence shall be submitted with the building permit application showing that the original structure was legally permitted;

b.

The extent of the reconstruction work shall be limited to repair or replacement of damaged structures, or parts of structures, in the same location, footprint, and configuration as the original structure;

c.

No reconstruction work shall be performed that would increase the non-conformity of a legal non-conforming structure or use, although any reconstruction work which reduces a non-conformity shall be permitted;

d.

If the reconstruction work involves the replacement of an accessory structure, a survey shall be submitted with the building permit application showing the original location of the accessory structure. In cases where the original accessory structure was encroaching into any setback, the replacement accessory structure shall meet current setback requirements, whenever possible;

e.

No clearing of vegetation shall be allowed unless properly reviewed and permitted. This period may be extended by the Board taking the extent and severity of the disaster into account;

(d)

Zoning approval shall not relieve the applicant from the obligation to meet the requirements of any other county, state, or federal agency or department; and

(e)

Damaged structures shall not be reconstructed at a more intense use or higher density than originally permitted by the GMP, and no redevelopment at a higher density or more intense use shall be permitted unless appropriate zoning, development review, building permit, and other applicable land development approvals are granted through the normal processes as set forth in the LDC.

(f)

Moratoria. The board may, pursuant to Chapter 252, Florida Statutes, declare a moratorium under the following conditions in order to prioritize the repair and reconstruction of damaged critical public facilities immediately needed for public health, safety and welfare purposes.

(1)

Initial building moratorium.

a.

Declaration of an initial building moratorium. An initial building moratorium may be declared when one or more of the following actions or findings occur:

1.

The county is under a local state of emergency or declared a disaster area by either the Governor of the State of Florida or the President of the United States;

2.

100 or more structures have received major damage or have been destroyed as determined by the chief building official;

3.

A finding has been made by the board that a state of local emergency exists in accordance with Chapter 252, Florida Statutes; that there are escalations in homeland security threats; or that there are other emergency situations determined by the director of emergency management; or

4.

The county is unable to maintain minimum acceptable levels of service expected during non-emergency situations as provided for by the capital improvement element of the GMP.

b.

Duration. The initial building moratorium shall remain in effect for up to 72 hours. No building permits shall be issued during this time period. After expiration of this initial building moratorium, a destroyed structure moratorium may become effective upon declaration by the board. Said moratorium may cover the entire unincorporated area of the county, or any part thereof.

1.

Destroyed structure moratorium. No building permit shall be issued for at least 30 days following the expiration of the initial building moratorium for the replacement of any structure that has been destroyed. When a building permit is issued, damaged structures may be rebuilt in accordance with the buildback policy set forth herein.

2.

Major damaged structure moratorium. No building permit for repairs of a major damaged structure shall be issued for at least ten days following the expiration of the initial building moratorium.

3.

Minor damaged structure moratorium. No building permits for the repair of minor damaged structures shall be issued for at least four days following the expiration of the initial building moratorium.

4.

New development moratorium. No building permits for new construction or reconstruction unrelated to rebuilding or repairing structures damaged by the disaster shall be accepted nor shall building permits for new construction be issued for at least 30 days following the expiration of the initial building moratorium so that damage may be assessed and repairs be made. The disaster recovery task force will determine and advise the board as to whether a new development moratorium is required based upon the results of the damage assessment and recommendations from the chief building official.

5.

Outstanding building permit inspection moratorium.

i.

All building permits that were issued prior to the disaster shall be suspended for a minimum period of 30 days following the expiration of the initial building moratorium, unless the chief building official determines on an individual case-by-case basis that sufficient inspection staff is available to adequately inspect the structure should construction begin or resume. Suspension of a building permit means that no further construction authorized by the building permit is permitted and that no inspections by the building review and permitting department will be performed during the moratorium period.

ii.

The county reserves the right to re-inspect any and all construction in progress pursuant to validly issued pre-disaster building permits to verify that the work in place suffered no damage as a result of the disaster. In the event that the county determines that such construction sustained damage during the disaster or suspects that damage occurred, the property owner and/or general contractor shall be responsible for rework, removal, retesting, and uncovering work to facilitate inspection so that compliance with the building permit and the building code are ensured.

iii.

Submittal dates and review periods associated with applications for inspections relating to building permits suspended under this section shall be adjusted accordingly to reflect the time period covered by this 30-day moratorium.

6.

Outstanding development order moratorium.

i.

All development orders as defined herein issued prior to the disaster will be suspended for a minimum period of 30 days following the expiration of the initial building moratorium. Suspension of the development order means that no construction pursuant to the development order is authorized and that no inspections by the Collier County Community Development and Environmental Services Division will be performed during the moratorium.

ii.

The county reserves the right to re-inspect any and all construction in place prior to the disaster to verify that the improvements were not damaged during the disaster. In the event that the county determines that improvements were damaged during the disaster or suspects that damage occurred, the property owner shall be responsible for rework, removal, retesting, and uncovering the work to facilitate inspection, so that compliance with the appropriate development order and the LDC shall be ensured.

iii.

Submittal dates and review periods associated with applications for development orders suspended under this section shall be adjusted accordingly to reflect the time period covered by this 30-day moratorium.

7.

Site development plan, subdivision plat review, and zoning request moratorium.

i.

Site development plans which have been submitted to the county prior to the disaster shall not be reviewed by the county staff for a period of 30 days following the expiration of the initial building.

ii.

No new site development plans, zoning requests or subdivision plats shall be accepted by the county for a period of 30 days following the expiration of the initial building moratorium; and

iii.

All submittal dates and review periods shall be adjusted accordingly to reflect the time period covered by this 30-day moratorium.

8.

Duration of moratoria. All moratoria other than the initial building moratorium shall be in effect for the length of time described above and may be terminated or extended by the board.

(g)

Emergency repairs. No construction or reconstruction activity shall be undertaken without a building permit while a building moratorium is in effect. Emergency repairs necessary to prevent injury, loss of life, imminent collapse of a structure or other additional damage to the structure or its contents shall not be subject to the temporary moratoria provided for by this article. Emergency repair activities shall not require individual building permits. Such emergency repairs activities shall include, but not be limited to:

(1)

Temporary roof repairs with plywood or plastic sheeting to make structures habitable or to prevent continuing damage to building interiors and exteriors due to exposure to the elements;

(2)

Covering exterior wall openings with plywood or plastic sheeting;

(3)

Repairs to interior ceilings to make buildings habitable or to drain accumulated flood waters;

(4)

Repairs to steps; and

(5)

Temporary stabilization measures, for any structure greater than three stories exclusive of coastal shoring/armoring, to avoid imminent building or structure collapse and certified by a licensed structural engineer, in coordination with the chief building official and fire chief of the appropriate fire district.

Emergency repairs to buildings or infrastructure that support the following organizations or activities shall not be subject to any temporary moratorium. This type of infrastructure includes, but is not limited to, facilities that provide electrical power, potable water, waste water, and communications facilities; emergency stabilization of roadways; police, fire and medical facilities; essential governmental facilities; response/recovery centers and distribution centers; and debris removal activities. Nothing in this article shall be construed to suspend any state or federal permit regulations.

(h)

Emergency permitting system. The county manager, or his designee, through the recovery task force shall be authorized to amend the administrative policies associated with the processing and application of building permits and associated local development orders in order to facilitate the expeditious issuance of building permits for the purpose of disaster recovery. Unless directed by the by the Governor and/or the Florida Building Commission, the building director shall insure that the most recent provisions of the Florida Building Code are strictly enforced to assure the quality of the reconstructed buildings and structures, and to implement the county buildback policy as set forth herein.

(Ord. No. 2006-35, § 7)