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Home My WebLink About1996-05-13 96-221 ORDINANCEDate: May1996 Item No. 96-221 ItemlSubled: Amending the Floodplain Management Ordinance- Update the Floodplain Management Ordinance to make it conform to entreat state and federal minimum standards. Responsible Department Code Enforcement Commentary These amendments to the Floodplain Management Ordinance we required by the Federal Emergency Management Agency and the Maine State Planning Office in order to make B rtgoes Floodplain Management Ordinance conform to current state and federal minimum standards. Conformance with federal and state minimum standards is required to permit Bangor to continue to participate in the National Flood insurance Program. Departmaft Head Finance Director I.egal.Approval: r VC a I (MA/ is Vo�r a/ city Solicitor Intraduced For Passage First Reeding _ 96-221 Aerip,edbC oncilw Popper May 13, 1996 2 NNpp' CITY OF BANGOR (TITLE.) V1 nNhIffi1CCr_... AmeMing dw.Fbodplaw-ManagemW ANioancer.chapwmi,-__- Article V, B; Article VI, 1; Article VI, I; Article VI, new section I; Article VIII, B; Article IX, D, Br it ordained by tha My Council of W City ofBaaacr, m Maws: Mff the Floodplain Management Ordinance - Chapter XIII, Article V, B, be amended as follows: B Iltiliu in the review of all Flood Hanmd Development permit Applications, the base flood data conmined in the"Flood Insurance Study-(TownsCity) City of Bangor, Maine," as described in Article I. In special flood hazard areas where base flood elevation data are not provided, flue Code Enforcement macer shall obtain, review and reasonably utilize my base flood elevation and floodway data from federal, state or other sources, including information obtained pursuant on Article IB, paragmph G.1.b.; Article VI, paraInaph-F d; and Anicle VIII, paragraph D, ut order to administer Article VI of this Ordinance: THAT the Floodplain Management Ordhetnce - Chapter XBI, Article VI, 1, be emended as follows +Eo New wnsnuction ... TBAT the Floodplain Mamgemem Ordinance - Chapter XIII, Article VI, I, he amended as fcllows: -F1. Floodways: 3. In Zone A riverine areas, in which the regulatory flocdway is determined In be 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 for the normal high water mark to the upland limit of the floodplain, 96-221 exceeds 50%ofthe market value of the structure either before the improvement or repair is stated or, if the structure has been damaged and is being restored, before fire damage occurred. For purposes of this definition "substantial improvement" is considered to occur a the firs, of the first alteration of any wall, ceflue& floor, or structural part of the building commences, whether or not that alteration affects the externa) dimensions of the sweture. The term does nos however, include either: (1) any project for improvemev of structure to comply with existing state or local health, sanitary, or safety code specifications which are solely have been ideoffed by the lural code enforcement official and which ate the minimum neressary to assure safe living conditions or (2) any alteration of a stmcnus listed on the National Register of Historic Places or a Sure Inventory of Historic Places, provided that the a Wedgedn veill nes reclu structure. 36: "Variance"... "Violation"- issue ameans the kiheeialure ofasnocnaeor otterdevelopment to body comply with a community's floodplarr management regulations or ordinance. New text is underl,and deleted text is envmk out. 96-221 "FecreationalVhicle"- means a vehicle winch is a. built on a single chassis b, 400 qmm fen or less whenmeasured at the lar gest horizon And pdpjectloo: C. designed be vl6 nn II d or rannumentlyWomble by 1' he duty truck and d, dei tined primarily not for use as a permanent dwelling but as ammary living raiders fm recreational camping travel or seasonal use 3t "Regulatory Floodway"... 3} "fact ofC atruction"-means the date the building permit was issued, provided the acral start of construction, repair, reconstruction, rehabiliatieu addidgm placement, substantial improvement or other improvement waswithin 180 days of the permit date. The actual stun means either the first placement of permanent construction of structure on a site, such as the pouring ofslab or footings, the installation of piles, the construction of column, or any work beyond the sage of excavation; or the placement of a manufactmW home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does It include excavation for basemem, footings, pias, or foundations or distraction of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or skids not occupied as dwelling units or not part of the main structure. For a sub umt al imprrovement me actual sent of construction means he first alteration of my wall. out ing. din ti, wbether or not fled allocation affects jh� external W menesi areof tie building "Substantial Damalg--m ma damage of any origin sustained by a structure wbereby ft amst of counting fee structure to its raredarnmic condition would equal or exceed 5M of An make[ value of the structure before the damage occurred. -5.. "Substantial lmprovemmt"-means any repair, reconstruction, m1gibil'atipn addition. or other improvement of a s[meare, the value ofwhich equals or FZ: Em listine maintained by toe DvurrUnent of Interior) or prglimburriLy historic district or a district Mlimirermly dererninexi by the Secretary of ffimo Interior to qualify w a regigered himoric district Oe Secretary of the histone diaWM cert fj� either 2) Directly by 6e Secretary of t1re Intenor in states Mffio D. "Mean Sea Level" "New Construction"- means structures for which the "start of construction" commenced on or after the effective date of die 0oodphun management regulations adopted by aconvnunity and includes any subsequent improverneros mMa alructuxes "100.year Floud" ... 5 96-221 96-221 R "])evelopment"- means my change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other strucnues; mining, dredging, filling, grading, paving,excavation, or drilling operations, or storage of communal or meter alt and the storage, deposition, or extraction of materials, public or private sewage disposal systems or water supply facilities. 94 "Elevated Buildings"... i -t "Elevation Certificate" -An official form (FEMA Form 81-31, SEP 83 UM, as amended) that (i)ie issued to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and (ii) is required as a condition fin purchasing flood'msurmce. 42 "Flood"... }} "Flood Elevation Study"... +4 "Flood Insurance Rate Map"... 1§. "Flood Insurance Study"... K "Floodplain"... IA "Floodplain Management" ... f8: "Floodplain Management Regulations"- means noting ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading eminence, and erosion control ordinance) and other applications of police power. The term describes such site or local regulations in my combination thereof, which provide standards lie fpr the purpose of flood damage prevention and reduction. d9: "Flood Proofing".... iR "Floodway"... "Floodway Encroachment Lines"... "Freeboard"... 43-. "Functionally Dependent Use"... 4 96-221 THAT the Floodplain Management Ordinance - Chapter MR, Article IX, F, 3, be amended as follows: F. 3. the applicant agrees in writing that the applicant is fully aware of all the reales dalga inherent in the use of Intel subject to Reading.... THAT the Floodplain Management Ordinance- Chapter MR, Article X, B, be amended as follows: B. The penalties contained in 39 P-M6h§-096630-A MRSA 6 4432 shall apply to my violation of this Ordinance. THAT the Floodplain Management Ordinance - Chapter XIII, Article MR, be amended as follows: T: "AdjacentGrade"- meansthe mtural elevation of the ground surface prior to construction next to the proposed wells wells of a structure. ?, "Area of Shallow Flooding"... 3 "Area of Special Flood Hazard"... 4 "Base Flood"... fi "Basement"... fr. "Board of Appeals"... Tmkaway WaW - means a wall that is art hear of she struchual n of the building and is intencled throuab its design and construction to under sWeific lateral treating forces. without n d et eehwated parom of the badd'ne or supoorting foundation system & "Building"... 4 "Certificate of Compliance"... & "Code Enforcement Office'... n 96-221 erncmachmeMs, including fill, new construction, substantial improvement, and other development shall not be permitted unless a technical evaluation certified by a tegiaerd professional engineer is provided meeting the requirements of cle VI, paragraph - .11 THAT the Floodplain Management Ordinance - Chapter XIII, Article VI, 1, be amended as follows: Recreational Vebicles locatedwithin: & Be on the site for fewer than lgo consecutive days THAT the Floodplain Management Ordinance - Chapter XIB, Arficle VIII, B, be amended as follows: @AD p0lic ufilifiea md fwalilka mh as sewer see electrical and water systems ar goe located and constructed to minimize or eliminate Flood damage. THAT the Floodplain Managemev Ordinance- Chapter XIII, Article IX, D, 1, be =ended as follows: D. 1. other criteria of Article IX and Article Y VII -d we met; and, IN CITY CCOMCIL May 13, 1996 First Reading Referred to Community b Economic Development Committee CLE CITY COUNCIL May 29, 1996 Passed Vote: 8 yes, 1 absent Councilors voting yea: Ealdaccl, Blanchette, Frankel, Leen, Soucy, Sullivan, Tyler d Woodcock. �Councilor bsenu Popper CITY CLE 96-221 ONOINANCE ( TITLE,) Amending the Floodplain Management Ordinance - Chapter %III, Article V,B, Article VI,J; Article VI,I; Article VI, new eece on i; Lt c e 7=,B; Article %,E. and Article XIII l . @