Title
An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 150 Of The Code Of Ordinances Entitled “Beach And Shoreline Protection; Retaining Walls” To Establish Tidal Flood Protection Regulations, And Creating Section 150.30 To Establish Construction And Infrastructure Standards For Seawalls And Tidal Flooding Barriers That Account For Projected Sea Level Rise.
Strategic Plan Focus
Resilience & Sustainability
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
After first reading, on January 20th, the proposed regulations were presented to the Marine Advisory Board. The Board inquired similarly to the Commission and understood the intent of the Broward County’s requirement. The Board asked to be kept abreast of this in the future.
Broward County adopted a Policy and companion Model Ordinance to address the effects of coastal flooding by establishing a unified approach for 17 municipalities having tidally influenced waterways. The Model Ordinance was the result of the Flood Risk Management Study (Taylor Engineering, 2018) which included study areas in the Cities of Fort Lauderdale and Hollywood. The Study’s main goal, among others, was to establish a minimum elevation (vertical height) for tidal flood barriers within the entire County.
In general a tidal flood barrier (TFB) is an impermeable water barrier (structure or shoreline) feature designed to impede surface tidal flooding including, but not limited to, banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, or other infrastructure (see Ordinance).
Broward County’s new regional resilience standard, Policy 2.21.7, was also enacted to ensure the effectiveness of improvements that are “necessary to mitigate high tide flooding associated” with current and future sea level rise through the year 2070.
These new standards apply to all property along tidally influenced waterways within Broward County, and the Policy requires all impacted municipalities to adopt regulations consistent with the Model Ordinance by February 13, 2022. All municipal Charters in Broward County require certain governing laws to be as strict or stricter than County laws. The City’s proposed Ordinance, which has been determined to be acceptable to Broward County, mirror’s the County’s Model Ordinance with the incorporation of a few changes including, but not limited to:
-Incorporation of coastal construction control line and living shoreline definitions and expansion of substantial repair or substantial rehabilitation definition to include a single and complete project.
-Expansion of design standards to aid with the reduction of water trespassing between TFB, further encourage biodiversity by requiring the facing of TFB with a minimum amount of natural lime rock and expanded the description of living shorelines.
-General minor changes to wording throughout.
The Model Ordinance establishes a minimum vertical height for TFB, which Hollywood is proposing to be consistent with, and requires a minimum elevation of 5 feet NAVD (North American Vertical Datum). However, prior to January 1, 2035 TFB may be permitted at a minimum elevation of 4 feet NAVD if designed and constructed to accommodate a minimum elevation of 5 feet NAVD by the year 2050. Adoption of this Ordinance is the first establishment of a minimum TFB height for the city.
Property owners will generally be required to comply with the Ordinance if/when:
- Building a new TFB structure or improvements to an existing TFB structure exceeds 50% of the shoreline length OR 50% of the cost of the new TFB structure.
-An existing TFB is in disrepair.
-Tidal water trespasses past a property line.
If a citation is issued, progress shall be demonstrated for the cited concern within 60 days and construction shall be completed within 365 days after receipt of the citation.
Fiscal Impact:
Adoption of this ordinance will have a financial impact on all affected property owners. The City will continue exploring external funding opportunities for public-owned seawalls and monitor alternate funding/financial mechanisms for private property owners (Federal, State and County grants may create funding opportunities for private owners).
Recommended for inclusion on the agenda by:
Andria Wingett, Assistant Director, Development Services
Shiv Newaldass, Director, Development Services
Gus Zambrano, Assistant City Manager for Sustainable Development