Floodplain Management
Ordinance
of the Town of
Chebeague Island
Maine
|
|
Adopted by the Town
Meeting: July 1, 2007
Effective: July 1, 2007
Attest:
Town
Clerk
Seal:
FLOODPLAIN MANAGEMENT ORDINANCE
TABLE OF CONTENTS
SECTION PAGE
1......... PURPOSE
AND ESTABLISHMENT............................................................................... 2
2......... PERMIT
REQUIRED......................................................................................................... 2
3......... APPLICATION
FOR PERMIT.......................................................................................... 2
4......... APPLICATION
FEE AND EXPERT'S FEE..................................................................... 4
5. REVIEW
STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT
APPLICATIONS................................................................................................................ 4
6......... DEVELOPMENT
STANDARDS...................................................................................... 6
7......... CONDITIONAL
USE REVIEW...................................................................................... 11
8......... CERTIFICATE
OF COMPLIANCE................................................................................ 12
9......... REVIEW
OF SUBDIVISION AND DEVELOPMENT PROPOSALS......................... 13
10....... APPEALS
AND VARIANCES....................................................................................... 13
11....... ENFORCEMENT
AND PENALTIES............................................................................. 16
12....... VALIDITY
AND SEVERABILITY................................................................................ 16
13....... CONFLICT
WITH OTHER ORDINANCES.................................................................. 16
14....... DEFINITIONS.................................................................................................................. 16
15....... ABROGATION................................................................................................................ 21
SECTION 1 - PURPOSE AND ESTABLISHMENT
Certain areas of the Town of
Chebeague Island, Maine are subject to periodic flooding, causing serious
damages to properties within these areas.
Relief is available in the form of flood insurance as authorized by the
National Flood Insurance Act of 1968.
Therefore, the Town of
Chebeague 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 Chebeague 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 Chebeague Island
has the legal authority to adopt land use and control measures to reduce future
flood losses pursuant to Title 30-A, Maine Revised Statutes(ÒM.R.S.Ó), Sections
3001-3007, 4352, 4401-4407, and 38 M.R.S. ¤ 440.
The National Flood Insurance
Program, established in the aforesaid Act, provides that areas of the Town of
Chebeague 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 Chebeague Island, Maine.
The areas of special flood
hazard, Zones A1-30 and V1-30, are identified by the Federal Emergency
Management Agency in a report entitled "Flood Insurance Study - Town of
Cumberland, Maine, Cumberland County," dated October 15, 1985, with
accompanying "Flood Insurance Rate Map" dated October 15, 1985 -
Panels 0003 C; 0021 D; 0022 D; 0023 E; and 0024 C which are hereby adopted and
declared to be a part of this Ordinance.
SECTION 2 - PERMIT REQUIRED
Before any construction or
other development (as defined in Section 14), including the placement of
manufactured homes, begins within any areas of special flood hazard established
in Section 1, a Flood Hazard Development Permit shall be obtained from the
Code Enforcement Officer except as provided in Section 7. This permit shall be in addition to any
other permits which may be required pursuant to the codes and ordinances of the
Town of Chebeague Island, Maine.
SECTION 3 - 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.3. 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 in Zone A only, of the:
1. base flood at the proposed site of all new or
substantially improved structures, which is determined:
a. in Zones A1-30 andV1-30
from data contained in the "Flood Insurance Study - Town of Cumberland, Maine," as described
in Section 1.
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 Section 6;
J. A written certification by a Professional
Land Surveyor, registered professional engineer or architect, that the base
flood elevation and grade elevations shown on the application are accurate;
K. The following certifications as required in Section 6
by a registered professional 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 Section 3.H.4.;
Section 6.G.; and other applicable standards in Section 6;
2. a V-Zone Certificate to verify that the
construction in coastal high hazard areas, Zone V1-30, will meet the criteria
of Section 6.P.; and other applicable standards in Section 6;
3. a Hydraulic Openings Certificate to verify that
engineered hydraulic openings in foundation walls will meet the standards of Section 6.L.2.a.;
4. a certified statement that bridges will meet the
standards of Section 6.M.;
5. a certified statement that containment walls will
meet the standards of Section 6.N.;
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 Section 6 will be met.
SECTION 4 - APPLICATION FEE AND EXPERT'S FEE
An additional fee may be
charged if the Code Enforcement Officer, Planning Board and/or Board of Appeals
need the assistance of a professional 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.
SECTION 5 - 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 Section 6 (Development
Standards) have been, or will be met;
B. Utilize, in the review of all Flood Hazard
Development Permit applications:
1. the base flood and floodway data contained in the "Flood Insurance Study - Town of
Cumberland, Maine," as described in Section 1.
C. Make interpretations of the location of boundaries
of special flood hazard areas shown on the maps described in Section 1 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 Professional
Land Surveyor, registered professional engineer or architect based on the Part
I permit construction, Òas builtÓ, for verifying compliance with the elevation
requirements of Section 6, paragraphs F, G, H, or P. Following review of the Elevation
Certificate data, which shall take place within 72 hours 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 Section 6.G.1.a.,b., and
c. The application for this permit
shall include a Floodproofing Certificate signed by a registered professional
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 Section 6.J.,
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 Section 7.
G. Maintain, as a permanent record, copies 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 Section 10 of this Ordinance, and copies
of Elevation Certificates, Floodproofing Certificates, Certificates of
Compliance and certifications of design standards required under the provisions
of Sections 3, 6, and 8 of this Ordinance.
SECTION 6 - 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:
1. Zones A1-30 shall have the lowest floor (including
basement) elevated to at least one foot above the base flood elevation.
2. Zones V1-30 shall
meet the requirements of Section 6.P.
G. Non-Residential - New
construction or substantial improvement of any non-residential structure
located within:
1. Zones A1-30 shall have the lowest floor (including
basement) elevated to at least one foot above the base flood elevation, or
together with attendant utility and sanitary facilities shall:
a. be floodproofed to at
least one foot above the base flood elevation so that below that elevation the
structure is watertight with walls substantially impermeable to the passage of
water;
b. have structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy; and,
c. be certified by a
registered professional 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 Section 3.K. and
shall include a record of the elevation above mean sea level to which the
structure is floodproofed.
5. Zones V1-30 shall
meet the requirements of Section 6.P.
H. Manufactured Homes - New or
substantially improved manufactured homes located within:
1. Zones A1-30 shall:
a. be elevated such that
the lowest floor (including basement) of the manufactured home is at least one
foot above the base flood elevation;
b. 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,
c. 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:
(1) 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,
(2) 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).
(3) all components of the anchoring system
described in Section 6.H.1.c.(1)&(2) shall be capable of carrying a
force of 4800 pounds.
2. Zones V1-30 shall meet the requirements of Section 6.P.
I. Recreational Vehicles - Recreational
Vehicles located within:
1. Zones A1-30 shall either:
a. be on the site for
fewer than 180 consecutive days,
b. be fully licensed and ready
for highway use. A recreational
vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions; or,
c. be permitted in
accordance with the elevation and anchoring requirements for "manufactured
homes" in Section 6.H.1.
2. Zones V1-30 shall
meet the requirements of either Section 6.I.1.a. or b., or Section 6.P.
J. Accessory Structures - Accessory Structures, as defined in Section 14, located within Zones A1-30 shall be exempt from the elevation criteria required in Section 6.F. & G. above, if all other requirements of Section 6 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 Section 6.L.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.
K. Enclosed Areas Below the Lowest Floor - New construction or substantial improvement of any structure
in Zones A1-30 that meets the development standards of Section 6,
including the elevation requirements of Section 6, paragraphs F, G, or H
and is elevated on posts, columns, piers, piles, "stilts," or crawl
spaces 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 Section 14;
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 professional 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 Zones A1-30 and V1-30 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; and
2. a registered professional
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 Section 6.K.; 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:
1. Zones A1-30 and V1-30 shall:
a. have the containment
wall elevated to at least one foot above the base flood elevation;
b. have structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy; and,
c. be certified by a
registered professional 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 Section 3.K.
n. Wharves, Piers and Docks - New construction or substantial improvement of wharves, piers, and docks are permitted in Zones A1-30 and V1-30, in and over water and seaward of the mean high tide 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 professional engineer shall develop or review the structural design,
specifications, and plans for the construction.
O. Coastal Floodplains -
1. All new construction located within Zones A1-30
and V1-30 shall be located landward of the reach of mean high tide except as
provided in Section 6.P.6.
2. New construction or substantial improvement of any
structure located within Zones V1-30 shall:
a. be elevated on posts or
columns such that:
(1) the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns) is
elevated to one foot above the base flood elevation;
(2) the pile or column foundation and the
elevated portion of the structure attached thereto is anchored to resist
flotation, collapse, and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components; and,
(3) water loading values used shall be those
associated with the base flood.
Wind loading values used shall be those required by applicable state and
local building standards.
b. have the space below the
lowest floor:
(1) free of obstructions; or,
(2) constructed with open wood lattice-work,
or insect screening intended to collapse under wind and water without causing
collapse, displacement, or other structural damage to the elevated portion of
the building or supporting piles or columns; or,
(3) constructed with non-supporting breakaway
walls which have a design safe loading resistance of not less than 10 or more
than 20 pounds per square foot.
c. require a registered professional engineer or
architect to:
(1) develop or review the structural design,
specifications, and plans for the construction, which must meet or exceed the
technical criteria contained in the Coastal Construction Manual, (FEMA-55/June, 2000); and,
(2) certify that the design and methods of
construction to be used are in accordance with accepted standards of practice
for meeting the criteria of Section 6.P.2.
3. The use of fill for structural support in Zones
V1-30 is prohibited.
4. Human alteration of sand dunes within Zones V1-30
is prohibited unless it can be demonstrated that such alterations will not
increase potential flood damage.
5. The area below the lowest floor shall be used
solely for parking vehicles, building access, and storage.
6. Conditional Use - Lobster sheds and fishing sheds may be located seaward of mean high tide and shall be exempt from the elevation requirement in Section 6.G. only if permitted as a Conditional Use following review and approval by the Planning Board, as provided in Section 7, and if all the following requirements and those of Section 6.A., 6.K., and 6.L. 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.
Section 7 - 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 high tide.
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.
SECTION 8 -
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:
1. an Elevation Certificate completed by a Professional
Land Surveyor, registered professional engineer, or architect, for compliance
with Section 6, paragraphs F, G, H, or P and,
2. for structures in Zones V1-30, certification by a
registered professional engineer or architect that the design and methods of
construction used are in compliance with Section 6.P.2.
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 required certificate(s) and the
applicantÕs written notification; and,
2. upon determination that the development conforms
with the provisions of this ordinance, shall issue a Certificate of Compliance.
SECTION 9 - 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 and flood
boundaries. 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 within a Special Flood Hazard Area,
are to be constructed in accordance with Section 6 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.
SECTION 10 -
APPEALS AND VARIANCES
The Board of Appeals of the
Town of Chebeague 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 Section 10 and Section 6.K.
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 Section 10,
paragraphs A. through D. above; and,
2. the proposed repair, reconstruction,
rehabilitation, or restoration will not preclude the structureÕs 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 Section 10,
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.
SECTION 11 - ENFORCEMENT AND PENALTIES
A. It shall be the duty of the Code Enforcement Officer to
enforce the provisions of this Ordinance pursuant to 30-A M.R.S. ¤ 4452.
B. The penalties contained in 30-A M.R.S. ¤ 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.
SECTION 12 -
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.
SECTION 13 -
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.
SECTION 14 -
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 Insurance
Study cited in Section 1 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.
Breakaway Wall - means a wall that is not
part of the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting
foundation system.
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
30-A M.R.S. ¤ 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 Section 7.
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.
Elevated Building - means a non-basement
building
a. built, in the case of a building in Zones
A1-30, to have the top of the elevated floor, or in the case of a building in
Zones V1-30, to have the bottom of the lowest horizontal structural member 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 Zones A1-30, Elevated
Building
also includes a building elevated by means of fill or solid foundation
perimeter walls with hydraulic openings sufficient to facilitate the unimpeded
movement of flood waters, as required in Section 6.L. In the case of Zones V1-30, Elevated
Building
also includes a building otherwise meeting the definition of elevated building,
even though the lower area is enclosed by means of breakaway walls, if the
breakaway walls meet the standards of Section 6.P.2.b.(3).
Elevation Certificate - An official form (FEMA
Form 81-31, 02/06, 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 Insurance Rate Map
(FIRM)
- means an official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium
zones applicable to the community.
Flood Insurance Study - see Flood Elevation
Study.
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.
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 Section 6.L. 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 Home Park or
Subdivision - means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
Mean Sea Level - means, for purposes of the
National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD)
of 1929, or other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
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 Section 6.J.,
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 Ò1929 Mean Sea Level (MSL)Ó.
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.
Recreational Vehicle - means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the
largest horizontal projection, not including slideouts;
c. designed to be self-propelled or permanently
towable by a motor vehicle; and
d. designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
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 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.
SECTION 15 - 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).