FLOODPLAIN MANAGEMENT ORDINANCE
(Adopted:
CONTENTS
ARTICLE PAGE
I. PURPOSE
AND ESTABLISHMENT.................................................................................. 2
II. PERMIT
REQUIRED........................................................................................................... 2
III. APPLICATION
FOR PERMIT............................................................................................ 2
IV. APPLICATION
FEE AND EXPERT'S FEE........................................................................ 4
V. REVIEW STANDARDS FOR FLOOD HAZARD
DEVELOPMENT PERMIT
APPLICATIONS................................................................................................................. 4
VI. DEVELOPMENT
STANDARDS........................................................................................ 6
VII. CONDITIONAL
USE REVIEW........................................................................................ 10
VIII. CERTIFICATE
OF COMPLIANCE.................................................................................. 11
IX. REVIEW
OF SUBDIVISIONS AND DEVELOPMENT PROPOSALS........................... 11
X. APPEALS
AND VARIANCES.......................................................................................... 12
XI. ENFORCEMENT
AND PENALTIES............................................................................... 14
XII. VALIDITY
AND SEVERABILITY.................................................................................... 14
XIII. CONFLICT
WITH OTHER ORDINANCES.................................................................... 15
XIV. DEFINITIONS................................................................................................................... 15
XV. ABROGATION................................................................................................................. 19
ARTICLE I - PURPOSE AND ESTABLISHMENT
Certain areas of the Town of Westport Island,
Therefore, the Town of Westport Island, Maine
has chosen to become a participating community in the National Flood Insurance
Program, and agrees to comply with the requirements of the National Flood
Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this
Floodplain Management Ordinance.
It is the intent of the Town of Westport Island,
Maine to require the recognition and evaluation of flood hazards in all
official actions relating to land use in the floodplain areas having special
flood hazards.
The Town of Westport Island has the legal authority
to adopt land use and control measures to reduce future flood losses pursuant
to Title 30-A MRSA, Sections 3001-3007, 4352, 4401-4407, and Title 38 MRSA,
Section 440.
The National Flood Insurance Program,
established in the aforesaid Act, provides that areas of the Town of Westport
Island having a special flood hazard be identified by the Federal Emergency
Management Agency and that floodplain management measures be applied in such
flood hazard areas. This Ordinance
establishes a Flood Hazard Development Permit system and review procedure for
development activities in the designated flood hazard areas of the Town of
Westport Island,
The areas of special flood hazard, are
identified by the Federal Emergency Management Agency in a map entitled “Flood Hazard Boundary Map -
Town of Westport Island,
ARTICLE
II - PERMIT REQUIRED
Before any construction or other development (as
defined in Article XIV), including the placement of manufactured homes, begins
within any areas of special flood hazard established in Article I, a Flood
Hazard Development Permit shall be obtained from the Code Enforcement Officer
except as provided in Article VII. This
permit shall be in addition to any other permits which may be required pursuant
to the codes and ordinances of the Town of Westport Island, Maine.
ARTICLE
III - APPLICATION FOR PERMIT
The application for a Flood Hazard Development
Permit shall be submitted to the Code Enforcement Officer and shall include:
A. The name, address and phone number of the
applicant, owner, and contractor;
B. An address and a map indicating the location
of the construction site;
C. A site plan showing location of existing
and/or proposed development, including but not limited to structures, sewage
disposal facilities, water supply facilities, areas to be cut and filled, and
lot dimensions;
D. A statement of the intended use of the
structure and/or development;
E. A statement of the cost of the development
including all materials and labor;
F. A statement as to the type of sewage system
proposed;
G. Specification of dimensions of the proposed
structure and/or development;
[Items H-K.2. apply only to new construction and
substantial improvements.]
H. The elevation in relation to the National
Geodetic Vertical Datum (NGVD), or to a locally established datum, of the:
1. base
flood at the proposed site of all new or substantially improved structures,
which in Zone A is determined:
(a) from any base flood elevation data from
federal, state, or other technical sources (such as FEMA’s Quick-2 model, FEMA
265/July 1995), including information obtained pursuant to Article VI.J. and
IX.D.;
(b) from the contour elevation extrapolated from
a best fit analysis of the floodplain boundary when overlaid onto a USGS
Quadrangle Map or other topographic map prepared by a State Licensed Land
Surveyor or registered State Licensed engineer, if the floodplain boundary has
a significant correlation to the elevation contour line(s); or, in the absence
of all other data,
(c) The areas of special flood hazard are
identified by the Federal Emergency Management Agency as Zone A on a map
entitled “Flood Hazard Boundary Map – Town of Westport Island,
2. highest
and lowest grades at the site adjacent to the walls of the proposed building;
3. lowest
floor, including basement; and whether or not such structures contain a
basement; and,
4. level,
in the case of non-residential structures only, to which the structure will be
floodproofed;
I. A description of an elevation reference
point established on the site of all developments for which elevation standards
apply as required in Article VI;
J. A written certification by a State Licensed
Land Surveyor, registered State Licensed engineer or architect, that the base
flood elevation and grade elevations shown on the application are accurate;
K. The following certifications as required in
Article VI by a registered State Licensed engineer or architect:
1. a
Floodproofing Certificate (FEMA Form 81-65, 01/03, as amended), to verify that
the floodproofing methods for any non-residential structures will meet the
floodproofing criteria of Article III.H.4.; Article VI.G.; and other applicable
standards in Article VI;
2. a
Hydraulic Openings Certificate to verify that engineered hydraulic openings in
foundation walls will meet the standards of Article VI.K.2.a.;
3. a
certified statement that bridges will meet the standards of Article VI.L.;
4. a
certified statement that containment walls will meet the standards of Article
VI.M.;
L. A description of the extent to which any
water course will be altered or relocated as a result of the proposed
development; and,
M. A statement of construction plans describing
in detail how each applicable development standard in Article VI will be met.
ARTICLE
IV - APPLICATION FEE AND EXPERT'S FEE
An additional fee may be charged if the Code
Enforcement Officer and/or Board of Appeals need the assistance of a State Licensed
engineer or other expert. The expert's
fee shall be paid in full by the applicant within 10 days after the town
submits a bill to the applicant. Failure
to pay the bill shall constitute a violation of the ordinance and be grounds
for the issuance of a stop work order.
An expert shall not be hired by the municipality at the expense of an
applicant until the applicant has either consented to such hiring in writing or
been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a
decision to hire expert assistance may appeal that decision to the Board of
Appeals.
ARTICLE
V - REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS
The Code Enforcement Officer shall:
A. Review all applications for the Flood Hazard
Development Permit to assure that proposed developments are reasonably safe
from flooding and to determine that all pertinent requirements of Article VI
(Development Standards) have been, or will be met;
B. Utilize, in the review of all Flood Hazard
Development Permit applications:
1. the
base flood data contained in the “Flood Hazard
Boundary Map - Town of
2. in
special flood hazard areas where base flood elevation and floodway data are not
provided, the Code Enforcement Officer shall obtain, review and reasonably
utilize any base flood elevation and floodway data from federal, state, or
other technical sources, including information obtained pursuant to Article
III.H.1.; Article VI.J.; and Article IX.D., in order to administer Article VI
of this Ordinance; and
3. when
the community establishes a base flood elevation in a Zone A by methods
outlined in Article III.H.1.b., the community shall submit that data to the
Maine Floodplain Management Program in the State Planning Office.
C. Make interpretations of the location of
boundaries of special flood hazard areas shown on the maps described in Article
I of this Ordinance;
D. In the review of Flood Hazard Development
Permit applications, determine that all necessary permits have been obtained
from those federal, state, and local government agencies from which prior
approval is required by federal or state law, including but not limited to
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1344;
E. Notify adjacent municipalities, the
Department of Environmental Protection, and the Maine Floodplain Management
Program in the State Planning Office prior to any alteration or relocation of a
water course and submit copies of such notifications to the Federal Emergency
Management Agency;
F. If the application satisfies the
requirements of this Ordinance, approve the issuance of one of the following
Flood Hazard Development Permits based on the type of development:
1. A
two part Flood Hazard Development Permit for elevated structures. Part I shall authorize the applicant to build
a structure to and including the first horizontal floor only above the base
flood level. At that time the applicant
shall provide the Code Enforcement Officer with an Elevation Certificate
completed by a State Licensed Land Surveyor, registered engineer or architect based on the Part I
permit construction, “as built”, for verifying compliance with the elevation
requirements of Article VI, paragraphs F, G, or H. Following review of the Elevation Certificate
data, which shall take place within 3 business days of receipt of the
application, the Code Enforcement Officer shall issue Part II of the Flood
Hazard Development Permit. Part II shall
authorize the applicant to complete the construction project; or,
2. A
Flood Hazard Development Permit for Floodproofing of Non-Residential Structures
that are new construction or substantially improved non-residential structures
that are not being elevated but that meet the floodproofing standards of
Article VI.G.1.,2., and 3. The
application for this permit shall include a Floodproofing Certificate signed by
a registered State Licensed engineer or architect; or,
3. A
Flood Hazard Development Permit for Minor Development for all development that
is not new construction or a substantial improvement, such as repairs,
maintenance, renovations, or additions, whose value is less than 50% of the
market value of the structure. Minor
development also includes, but is not limited to: accessory structures as
provided for in Article VI.I., mining, dredging, filling, grading, paving,
excavation, drilling operations, storage of equipment or materials, deposition
or extraction of materials, public or private sewage disposal systems or water
supply facilities that do not involve structures; and non-structural projects
such as bridges, dams, towers, fencing, pipelines, wharves and piers.
For development that requires review and approval
as a Conditional Use, as provided for in this Ordinance, the Flood Hazard
Development Permit Application shall be acted upon by the Planning Board as
required in Article VII.
G. Maintain, as a permanent record, copies at
the Town Office Building, of all Flood Hazard Development Permit Applications,
corresponding Permits issued, and data relevant thereto, including reports of
the Board of Appeals on variances granted under the provisions of Article X of
this Ordinance, and copies of Elevation Certificates, Floodproofing
Certificates, Certificates of Compliance and certifications of design standards
(in the coastal velocity zone) required under the provisions of Articles III,
VI, and VIII of this Ordinance.
ARTICLE
VI - DEVELOPMENT STANDARDS
All developments in areas of special flood
hazard shall meet the following applicable standards:
A. All
Development - All development shall:
1. be
designed or modified and adequately anchored to prevent flotation (excluding
piers and docks), collapse or lateral movement of the development resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. use
construction materials that are resistant to flood damage;
3. use
construction methods and practices that will minimize flood damage; and,
4. use
electrical, heating, ventilation, plumbing, and air conditioning equipment, and
other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during flooding
conditions.
B. Water
Supply -
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
C. Sanitary
Sewage Systems - All new and replacement sanitary sewage
systems shall be designed and located to minimize or eliminate infiltration of
flood waters into the system and discharges from the system into flood waters.
D. On
Site Waste Disposal Systems - On site waste disposal systems shall be
located and constructed to avoid impairment to them or contamination from them
during floods.
E. Watercourse
Carrying Capacity - All development associated with altered or
relocated portions of a watercourse shall be constructed and maintained in such
a manner that no reduction occurs in the flood carrying capacity of the
watercourse.
F. Residential -
New construction or substantial improvement of any residential structure
located within Zone A shall have the lowest floor (including basement) elevated
to at least one foot above the base flood elevation utilizing information
obtained pursuant to Article III.H.1.; Article V.B; or Article IX.D.
G. Non
Residential - New construction or substantial improvement
of any non-residential structure located within Zone A shall have the lowest
floor (including basement) elevated to at least one foot above the base flood
elevation utilizing information obtained pursuant to Article III.H.1.; Article
V.B; or Article IX.D., or together with attendant utility and sanitary
facilities shall:
1. be
floodproofed to at least one foot above the base flood elevation utilizing
information obtained pursuant to Article III.H.1.; Article V.B; or Article
IX.D., so that below that elevation the structure is watertight with walls
substantially impermeable to the passage of water;
2. have
structural components capable of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy; and,
3. be
certified by a registered State Licensed engineer or architect that the
floodproofing design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the
application for a Flood Hazard Development Permit, as required by Article
III.K. and shall include a record of the elevation above mean sea level to
which the structure is floodproofed.
H. Manufactured
Homes - New or substantially improved manufactured
homes located within Zone A shall:
1. be
elevated such that the lowest floor (including basement) of the manufactured
home is at least one foot above the base flood elevation utilizing information
obtained pursuant to Article III.H.1.; Article V.B; or Article IX.D.;
2. be
on a permanent foundation, which may be poured masonry slab or foundation
walls, with hydraulic openings, or may be reinforced piers or block supports,
any of which support the manufactured home so that no weight is supported by
its wheels and axles; and,
3. be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to:
a. over-the-top ties anchored to the ground at the four corners of
the manufactured home, plus two additional ties per side at intermediate points
(manufactured homes less than 50 feet long require one additional tie per
side); or by,
b. frame ties at each corner of the home, plus five additional ties
along each side at intermediate points (manufactured homes less than 50 feet
long require four additional ties per side).
c. all components of the anchoring system described in Article
VI.H.3.a.& b. shall be capable of
carrying a force of 4800 pounds.
I. Accessory Structures - Accessory Structures, as defined in Article XIV, located within Zone A, shall be exempt from the elevation criteria required in Article VI.F. & G. above, if all other requirements of Article VI and all the following requirements are met. Accessory Structures shall:
1. be 500 square feet or less and have a value less than $3000;
2. have unfinished interiors and not be used for human habitation;
3. have hydraulic openings, as specified in Article VI.K.2., in at least two different walls of the accessory structure;
4. be located outside the floodway;
5. when possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and,
6. have
only ground fault interrupt electrical outlets.
The electric service disconnect shall be located above the base flood
elevation and when possible outside the Special Flood Hazard Area.
J. Floodways - Encroachments,
including fill, new construction, substantial improvement, and other
development shall not be permitted in a floodway which, in Zone A riverine
areas, is the channel of the river or other water course and the adjacent land
areas to a distance of one-half the width of the floodplain as measured from
the normal high water mark to the upland limit of the floodplain, unless a
technical evaluation certified by a registered State Licensed engineer is
provided demonstrating that the cumulative effect of the proposed development,
when combined with all other existing development and anticipated development:
1. will
not increase the water surface elevation of the base flood more than one foot
at any point within the community; and,
2. is
consistent with the technical criteria contained in Chapter 5 entitled
"Hydraulic Analyses," Flood
Insurance Study - Guidelines and Specifications for Study Contractors,
(FEMA 37/ January 1995, as amended).
K. Enclosed
Areas Below the Lowest Floor - New construction or substantial improvement
of any structure in Zone A that meets the development standards of Article VI,
including the elevation requirements of Article VI, paragraphs F, G, or H and
is elevated on posts, columns, piers, piles, "stilts," or crawlspaces
may be enclosed below the base flood elevation requirements provided all the
following criteria are met or exceeded:
1. Enclosed
areas are not "basements" as defined in Article XIV;
2. Enclosed
areas shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must
either:
a. be engineered and certified by a registered State Licensed
engineer or architect; or,
b. meet or exceed the following minimum criteria:
(1) a minimum of two openings having a total net area of not less than
one square inch for every square foot of the enclosed area;
(2) the bottom of all openings shall be below the base flood elevation
and no higher than one foot above the lowest grade; and,
(3) openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the entry and exit of flood
waters automatically without any external influence or control such as human
intervention, including the use of electrical and other non-automatic
mechanical means;
3. The
enclosed area shall not be used for human habitation; and,
4. The
enclosed areas are usable solely for building access, parking of vehicles, or
storage.
L. Bridges - New
construction or substantial improvement of any bridge in Zone A shall be
designed such that:
1. when possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.; Article V.B; or Article IX.D.; and
2. A
registered State Licensed engineer shall certify that:
a. the structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Article VI.J.; and
b. the foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.
M. Containment Walls - New
construction or substantial improvement of any containment wall located within
Zone A shall:
1. have
the containment wall elevated to at least one foot above the base flood
elevation utilizing information obtained pursuant to Article III.H.1.; Article
V.B.; or Article IX.D.
2. have
structural components capable of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy; and
3. Be
certified by a registered State Licensed engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting the provisions of this section. Such certification shall be provided with the
application for a Flood Hazard Development Permit, as required by Article III.K.
N. Wharves, Piers and Docks - New construction or substantial improvement of wharves, piers, and docks are permitted in Zone A in and over water and seaward of the mean sea level if the following requirements are met:
1. wharves,
piers, and docks shall comply with all applicable local, state, and federal
regulations; and
2. for
commercial wharves, piers, and docks, a registered State Licensed engineer
shall develop or review the structural design, specifications, and plans for
the construction.
O. Coastal
Floodplains -
1. All
new construction located within Zone A shall be located landward of the reach
of mean sea level except as provided in Article VI.O.2.
2. Conditional Use - Lobster sheds and fishing sheds may be located seaward of mean sea level and shall be exempt from the elevation requirement in Article VI.G. only if permitted as a Conditional Use following review and approval by the Planning Board, as provided in Article VII, and if all the following requirements and those of Article VI.A., VI.J., and VI.K. Are met:
a. The conditional use shall be limited to low value structures such as metal or wood sheds 200 square feet or less and shall not exceed more than one story.
b. The structure shall be securely anchored to the wharf or pier to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.
c. The structure will not adversely increase wave or debris impact forces affecting nearby buildings.
d. The structure shall have unfinished interiors and shall not be used for human habitation.
e. Any mechanical, utility equipment and fuel storage tanks must be
anchored and either elevated or floodproofed to one foot above the base flood
elevation.
f. All electrical outlets shall be ground fault interrupt
type. The electrical service disconnect
shall be located on shore above the base flood elevation and when possible
outside the Special Flood Hazard Area.
Article VII - Conditional Use REVIEW
The Planning
Board shall hear and decide upon applications for conditional uses provided for
in this Ordinance. The Planning Board
shall hear and approve, approve with conditions, or disapprove all applications
for conditional uses. An applicant informed
by the Code Enforcement Officer that a Conditional Use Permit is required shall
file an application for the permit with the Planning Board.
A. Review Procedure for a Conditional Use Flood Hazard Development Permit
1. The Flood Hazard Development Permit Application with additional information attached addressing how each of the conditional use criteria specified in the Ordinance will be satisfied, may serve as the permit application for the Conditional Use Permit.
2. Before deciding any application, the Planning Board shall hold a public hearing on the application within thirty days of their receipt of the application.
3. If the Planning Board finds that the application satisfies all relevant requirements of the ordinance, the Planning Board must approve the application or approve with conditions within 45 days of the date of the public hearing.
4. A Conditional Use Permit issued under the provisions of this Ordinance shall expire if the work or change involved is not commenced within 180 days of the issuance of the permit by the Planning Board.
5. The applicant shall be notified by the Planning Board in writing over the signature of the Chairman of the Planning Board that flood insurance is not available for structures located entirely over water or seaward of mean sea level.
B. Expansion of Conditional Uses
1. No
existing building or use of premises may be expanded or enlarged without a
permit issued under this section if that building or use was established or
constructed under a previously issued Conditional Use Permit or if it is a
building or use which would require a Conditional Use Permit if being
newly-established or constructed under this Ordinance.
ARTICLE
VIII - CERTIFICATE OF COMPLIANCE
No land in a special flood hazard area shall be
occupied or used and no structure which is constructed or substantially
improved shall be occupied until a Certificate of Compliance is issued by the Code
Enforcement Officer subject to the following provisions:
A. For New Construction or Substantial
Improvement of any elevated structure the applicant shall submit to the Code
Enforcement Officer, an Elevation Certificate completed by a State Licensed Land
Surveyor, registered State Licensed engineer, or architect, for compliance with
Article VI, paragraphs F, G, or H.
B. The applicant shall submit written
notification to the Code Enforcement Officer that the development is complete
and complies with the provisions of this ordinance.
C. Within 10 working days, the Code Enforcement
Officer shall:
1. review
the Elevation Certificate and the applicant’s written notification; and,
2. upon
determination that the development conforms with the provisions of this
ordinance, shall issue a Certificate of Compliance.
ARTICLE
IX - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS
The Planning Board shall, when reviewing
subdivisions and other proposed developments that require review under other
federal law, state law or local ordinances or regulations and all projects on 5
or more disturbed acres, or in the case of manufactured home parks divided into
two or more lots, assure that:
A. All such proposals are consistent with the
need to minimize flood damage.
B. All public utilities and facilities, such as
sewer, gas, electrical and water systems are located and constructed to
minimize or eliminate flood damages.
C. Adequate drainage is provided so as to
reduce exposure to flood hazards.
D. All proposals include base flood elevations,
flood boundaries, and in a riverine floodplain, floodway data. These determinations shall be based on
engineering practices recognized by the Federal Emergency Management Agency.
E. Any proposed development plan must include a
condition of plan approval requiring that structures on any lot in the
development having any portion of its land area within a Special Flood Hazard
Area, are to be constructed in accordance with Article VI of this
ordinance. Such requirement will be
included in any deed, lease, purchase and sale agreement, or document
transferring or expressing an intent to transfer any interest in real estate or
structure, including but not limited to a time-share interest. The condition shall clearly articulate that
the municipality may enforce any violation of the construction requirement and
that fact shall also be included in the deed or any other document previously
described. The construction requirement
shall also be clearly stated on any map, plat, or plan to be signed by the
Planning Board or local reviewing authority as part of the approval process.
ARTICLE
X - APPEALS AND VARIANCES
The Board of Appeals of the Town of Westport
Island may, upon written application of an aggrieved party, hear and decide
appeals where it is alleged that there is an error in any order, requirement,
decision, or determination made by, or failure to act by, the Code Enforcement
Officer or Planning Board in the administration or enforcement of the
provisions of this Ordinance.
The Board of Appeals may grant a variance from
the requirements of this Ordinance consistent with state law and the following
criteria:
A. Variances shall not be granted within any
designated regulatory floodway if any increase in flood levels during the base
flood discharge would result.
B. Variances shall be granted only upon:
1. a
showing of good and sufficient cause; and,
2. a
determination that should a flood comparable to the base flood occur, the
granting of a variance will not result in increased flood heights, additional
threats to public safety, public expense, or create nuisances, cause fraud or
victimization of the public or conflict with existing local laws or ordinances;
and,
3. a
showing that the issuance of the variance will not conflict with other state,
federal or local laws or ordinances; and,
4. a
determination that failure to grant the variance would result in "undue
hardship," which in this sub-section means:
a. that the land in question cannot yield a reasonable return unless
a variance is granted; and,
b. that the need for a variance is due to the unique circumstances
of the property and not to the general conditions in the neighborhood; and,
c. that the granting of a variance will not alter the essential
character of the locality; and,
d. that the hardship is not the result of action taken by the
applicant or a prior owner.
C. Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief, and the Board of Appeals may impose such conditions
to a variance as it deems necessary .
D. Variances may be issued for new
construction, substantial improvements, or other development for the conduct of
a functionally dependent use provided that:
1. other
criteria of Article X and Article VI.J. are met; and,
2. the
structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public
safety.
E. Variances may be issued for the repair,
reconstruction, rehabilitation, or restoration of Historic Structures upon the
determination that:
1. the
development meets the criteria of Article X, paragraphs A. through D. above;
and,
2. the
proposed repair, reconstruction, rehabilitation, or restoration will not
preclude the structure’s continued designation as a Historic Structure and the
variance is the minimum necessary to preserve the historic character and design
of the structure.
F. Any applicant who meets the criteria of
Article X, paragraphs A. through E. shall be notified by the Board of Appeals
in writing over the signature of the Chairman of the Board of Appeals that:
1. the
issuance of a variance to construct a structure below the base flood level will
result in greatly increased premium rates for flood insurance up to amounts as
high as $25 per $100 of insurance coverage;
2. such
construction below the base flood level increases risks to life and property;
and,
3. the
applicant agrees in writing that the applicant is fully aware of all the risks
inherent in the use of land subject to flooding, assumes those risks and agrees
to indemnify and defend the municipality against any claims filed against it
that are related to the applicant's decision to use land located in a
floodplain and that the applicant individually releases the municipality from
any claims the applicant may have against the municipality that are related to
the use of land located in a floodplain.
G. Appeal Procedure for Administrative and
Variance Appeals
1. An
administrative or variance appeal may be taken to the Board of Appeals by an
aggrieved party within thirty days after receipt of a written decision of the
Code Enforcement Officer or Planning Board.
2. Upon
being notified of an appeal, the Code Enforcement Officer or Planning Board, as
appropriate, shall transmit to the Board of Appeals all of the papers
constituting the record of the decision appealed from.
3. The
Board of Appeals shall hold a public hearing on the appeal within thirty-five
days of its receipt of an appeal request.
4. The
person filing the appeal shall have the burden of proof.
5. The
Board of Appeals shall decide all appeals within thirty-five days after the
close of the hearing, and shall issue a written decision on all appeals.
6. The
Board of Appeals shall submit to the Code Enforcement Officer a report of all
variance actions, including justification for the granting of the variance and
an authorization for the Code Enforcement Officer to issue a Flood Hazard
Development Permit, which includes any conditions to be attached to said
permit.
7. Any
aggrieved party who participated as a party during the proceedings before the
Board of Appeals may take an appeal to Superior Court in accordance with State
laws within forty-five days from the date of any decision of the Board of
Appeals.
ARTICLE
XI - ENFORCEMENT AND PENALTIES
A. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance
pursuant to Title 30-A MRSA § 4452.
B. The penalties contained in Title 30-A MRSA §
4452 shall apply to any violation of this Ordinance.
C. In addition to any other actions, the Code
Enforcement Officer, upon determination that a violation exists, shall submit a
declaration to the Administrator of the Federal Insurance Administration
requesting a denial of flood insurance.
The valid declaration shall consist of;
1. the
name of the property owner and address or legal description of the property
sufficient to confirm its identity or location;
2. a
clear and unequivocal declaration that the property is in violation of a cited
State or local law, regulation, or ordinance;
3. a
clear statement that the public body making the declaration has authority to do
so and a citation to that authority;
4. evidence
that the property owner has been provided notice of the violation and the
prospective denial of insurance; and,
5. a
clear statement that the declaration is being submitted pursuant to Section
1316 of the National Flood Insurance Act of 1968, as amended.
ARTICLE
XII - VALIDITY AND SEVERABILITY
If
any section or provision of this Ordinance is declared by the courts to be
invalid, such decision shall not invalidate any other section or provision of
this Ordinance.
ARTICLE
XIII - CONFLICT WITH OTHER ORDINANCES
This
Ordinance shall not in any way impair or remove the necessity of compliance
with any other applicable rule, ordinance, regulation, bylaw, permit, or
provision of law. Where this Ordinance
imposes a greater restriction upon the use of land, buildings, or structures,
the provisions of this Ordinance shall control.
ARTICLE
XIV - DEFINITIONS
Unless specifically defined below, words and
phrases used in this Ordinance shall have the same meaning as they have at
common law and to give this Ordinance its most reasonable application. Words used in the present tense include the
future, the singular number includes the plural, and the plural number includes
the singular. The word "may"
is permissive; "shall" is mandatory and not discretionary.
Accessory
Structure - means a small detached
structure that is incidental and subordinate to the principal structure.
Adjacent
Grade - means the natural
elevation of the ground surface prior to construction next to the proposed
walls of a structure.
Area
of Special Flood Hazard
- means the land in the floodplain having a one percent or greater chance of
flooding in any given year, as specifically identified in the Flood Hazard Boundary Map cited in Article I of this
Ordinance.
Base
Flood - means the flood having
a one percent chance of being equaled or exceeded in any given year, commonly
called the 100-year flood.
Basement - means any area of the building having its
floor subgrade (below ground level) on all sides.
Building - see Structure.
Certificate
of Compliance - A document signed by
the Code Enforcement Officer stating that a structure is in compliance with all
of the provisions of this Ordinance.
Code Enforcement Officer - A person certified
under Title 30-A MRSA, Section 4451 (including exceptions in subsection 4451,
paragraph 1) and employed by a municipality to enforce all applicable comprehensive
planning and land use laws and ordinances.
Conditional
Use -
means a use that because of its potential impact on surrounding areas
and structures, is permitted only upon review and approval by the Planning
Board pursuant to Article VII.
Development - means any man made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations or storage of equipment or materials.
a. built, in the case of a building in Zone A,
to have the top of the elevated floor, elevated above the ground level by means
of pilings, columns, post, piers, or "stilts;" and
b. adequately anchored so as not to impair the
structural integrity of the building during a flood of up to one foot above the
magnitude of the base flood.
In the case of Zone A,
Elevation
Certificate - An official form (FEMA
Form 81-31, 01/03, as amended) that:
a. is used to verify compliance with the
floodplain management regulations of the National Flood Insurance Program; and,
b.
is required for purchasing flood
insurance.
Flood
or Flooding - means:
a. A general and temporary condition of
partial or complete inundation of normally dry land areas from:
1. The
overflow of inland or tidal waters.
2. The
unusual and rapid accumulation or runoff of surface waters from any source.
b. The collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as
flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph a.1. of
this definition.
Flood
Elevation Study
- means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
Flood Hazard Boundary Map (FHBM) - means an official map of a
community, issued by the Federal Insurance Administration, where the boundaries
of the base flood have been designated.
Floodplain
or Flood-prone Area
- means any land area susceptible to being inundated by water from any source
(see flooding).
Floodplain
Management - means the operation of
an overall program of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood control works,
and floodplain management regulations.
Floodplain
Management Regulations
- means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance, and erosion control ordinance) and other applications of
police power. The term describes such
state or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Floodproofing - means any combination of structural and
non-structural additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and contents.
Floodway - see Regulatory
Floodway.
Freeboard - means a factor of safety usually expressed in
feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown
factors, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed, that could contribute to flood heights greater
than the height calculated for a selected size flood and floodway conditions.
Functionally
Dependent Use - means a use which
cannot perform its intended purpose unless it is located or carried out in
close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair
facilities, but does not include long-term storage or related manufacturing
facilities.
Historic
Structure - means any structure
that is:
a. Listed individually in the National
Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the
Secretary of the Interior to qualify as a registered historic district;
c. Individually listed on a state inventory of
historic places in states with historic preservation programs which have been
approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of
historic places in communities with historic preservation programs that have
been certified either:
1. By
an approved state program as determined by the Secretary of the Interior, or
2. Directly
by the Secretary of the Interior in states without approved programs.
Locally
Established Datum
- means, for purposes of this ordinance, an elevation established for a
specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to
the National Geodetic Vertical Datum (NGVD) or any other established datum and
is used in areas where Mean Sea Level data is too far from a specific site to
be practically used.
Lowest
Floor - means the lowest floor
of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements described in
Article VI.K. of this ordinance.
Manufactured
Home - means a structure,
transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected
to the required utilities. For
floodplain management purposes the term manufactured home also includes park
trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days.
Manufactured
Minor
Development - means all development
that is not new construction or a substantial improvement, such as repairs,
maintenance, renovations, or additions, whose value is less than 50% of the
market value of the structure. It also
includes, but is not limited to: accessory structures as provided for in
Article VI.I., mining, dredging, filling, grading, paving, excavation, drilling
operations, storage of equipment or materials, deposition or extraction of
materials, public or private sewage disposal systems or water supply facilities
that do not involve structures; and non-structural projects such as bridges,
dams, towers, fencing, pipelines, wharves and piers.
National
Geodetic Vertical Datum (NGVD) - means
the national vertical datum, whose standard was established in 1929, which is
used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929
and also has been called “1929 Mean Sea Level (MSL)”.
New
Construction - means structures for
which the "start of construction" commenced on or after the effective
date of the initial floodplain management regulations adopted by a community
and includes any subsequent improvements to such structures.
100-year
flood - see Base Flood.
Regulatory
Floodway -
a.
means the channel of a river or other
water course and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one foot, and
b. in Zone A riverine areas, the floodway is
considered to be the channel of a river or other water course and the adjacent
land areas to a distance of one-half the width of the floodplain, as measured
from the normal high water mark to the upland limit of the floodplain.
Riverine - means relating to, formed by, or resembling a
river (including tributaries), stream, brook, etc.
Special
Flood Hazard Area -
see Area of Special Flood Hazard.
Start
of Construction
- means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement,
substantial improvement or other improvement was within 180 days of the permit
date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, or modification of any construction
element whether or not that alteration affects the external dimensions of the
building.
Structure - means, for floodplain management purposes, a
walled and roofed building. A gas or
liquid storage tank that is principally above ground is also a structure.
Substantial
Damage - means, damage of any
origin sustained by a structure whereby the cost of restoring the structure to
its before damage condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial
Improvement - means any
reconstruction, rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the
structure before the start of construction of the improvement. This term includes structures which have
incurred substantial damage, regardless of the actual repair work
performed. The term does not, however,
include either:
a. Any project for improvement of a structure
to correct existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions;
or
b. Any alteration of a Historic Structure,
provided that the alteration will not preclude the structure's continued
designation as a historic structure, and a variance is obtained from the
community’s Board of Appeals.
Variance - means a grant of relief by a community from
the terms of a floodplain management regulation.
Violation - means the failure of a structure or
development to comply with a community's floodplain management regulations.
ARTICLE
XV - ABROGATION
This ordinance repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).