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HomeMy WebLinkAbout1978-05-22 238 AF ORDINANCE238 " Introduced by Councilor Boucy, May 32. 1978 :,u_ CITY OF BANGOR (TITLE.) (OxbILLNItt¢A chagter un, plead Baaage p emtion 0r nance Beko ainai by pz City Coam of Wo GUY of BMW. as follow&: — =, the Ordinance attached hereto be added to the Ordinances of the City of Bangor as Chapter XIII. S 2380 ORDINANCE IN CITY COUNCIL MAY 22�1M ( TIIIE,) ADDING GRAFTRR XIIIrMD0D DAMAGE CONSIDRN NEXT MEETING PREVENTION ORDINANCE CI;IT CLERISO""� Incroiva3 and FLedW 33 IN cITY coUNGn. - tkvrci�mn JUNE 12,19'18 eASSE1I.AE A19ENED VOTING YEE RROIINTASo PAte my g is «a'rectiy en$'msvG FINNIGAN9 GASSY MCRERNAN� SOUCY SOULASI WEYMOUTNY W11=y ZEND21AN..' 04 �az 6>�ittee rn 81I¢rmsei @tlillmMea. ^5 R 238 A CHAPTER XliI FIAOD DAMAGE PIbNENTION OBDINANCR (TITLE) Tnis Ordinence herein adoptel as Chapter XIII of the Orlinances of the City of Bangor shall be ]mown and mey be cited as the "Flood Damage Prevention Ordinance a the City of Bangor." TABLE OF CONTENTS ARTICLE 1 - STATDTORY AU TIWRIZATION2 FMINGS OF FACT, PORPOSE AND OIUECTIVffi 1 ARTICLE 2 - DEFINITIONS 3 ARTICLE 3 - GENBBAL PROVISIONS 6 ARTTcm 4 - ADN¢NISTRATIoN 7 ARTICLE 5 - PROVISIONS FOR F D HAZARD REDCCIION 12 CHAPTER %III ARTICLE 1 - STATUIUAY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES sec. 1 Statutory Authorizatio¢. The Legislature of the State of Maine has in Title 30 M.A.S.A. Sec. 1917 and Sec. 4812-B delegated the authority to local governmental units toadopt regulations designed to pronate the public health, safety, and general welfare of its citizenry. Therefore. the City Council of Bangor, Maine does ordain as follows: Sec. 2 Findings of Fact. (1) The flood hazard areas r of Bangoare subject to periodic imudatlon which results in less of life and property, health and safety hazards, disruption of'ca®erce and gwemmental services, extraor- dinary public expenditures for flood protection and relief, and impairment of the tax base, all a which adversely affect the public health, safety and. general welfare. (2) These flood losses are caused by the cumulative effect of obstruc- tions in areas of special flood because which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected fron flood devisee also contribute to the flood loss. Sec. 3 Statement a Purpose. it is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions. designed: (1) To protect human life and health; '(2) To mirdmize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts aaociated with flooding and generally undertaken at the expenaeof the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such w waterand gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6). To help maintadna stable tax base by providing for the safe use end development a areas of special flood hazard so as to -minimize -future flood blight areas; -1- (7) To insure that potential buyers a notified that property is In an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec.. 4 Methods of Reducing Flood Losses. In order to anomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or wooden hazards, or which suit in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help acc®odate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, ($) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards Is other areas. -2- "C3APTEx XIII AEITCM z - PEFIKTIORS _ Sec. 1 pulses specifically defined below, words or phrases used in this ordinance shaiLl be interpreted so as to give than the meaning th J bases in c®smen usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the Zoning and Code E�orcanent Administration Officer's interpretation of any provision of this ordinance or a request for a variance. "Area of-specialflood has means the land in the flood plain within a community subject to a one percent or greater chance of Flooding in, any. given year; "Base flood" means the flood having a -one present thence of being equalled or exceeded in. sqv given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining, dredging, Pilling, grading, paving, encavetion or drilling operations located within the area of special flood hazard. - "Exist - mobile home ark or mobile home subdivision" means a V arcel o contiguous parcels or land divided into two or Core mebile home lots for rent or sale for which the construction of facilities for servicing the lot an which the mobile home is to be affixed (including, at a minimme, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date f this ordinance. "Sxe slon town exiatog mobile home park or Dile home subdivision" means the preparation Of additional sites by the construction of facilities for servicing the lots on which the mobile homes seen to be affixed (including the installation of utilities, either final site grading or posing of concrete pads, or the construction of streets). "Flood" or "flooding" means a general and t mporary condition of partial or complete inundation of normally dry lend arena from: (1) The overflow of inland or tidal waters and/or (2) The unusual end rapid accumulation or nmeff a surface waters from any source. -3- "Flood Insurance Rate Map" (KM) means the official map on which the Federal Insurance Administration baa delineated both the areas of special Flood hazaris and Fee risk preadun comes applicable to the community. 'Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Rwndary-Floodway Map, end the water surface elevation of the base flood. "Floes' means the charnel of a river or other watercourse and the adjacent land areas that most be reserved in order to discharge the base flood without ev Iatively increasing the water surface elevation more then one (1) foot. "Mobile hone" means a structure that is transportable in me or more ections, built on a permanent chassis, sad designed to be used with or without a permanent Foundation when connected to the required utilities; It. does not include recreational vehicles o travel trailers; nor does it include modular homes fastened to foundations by conventional house construction techniques. "New construction" means structures For which the "start of construction' ensconced on or after the effective date of this ordinance. "New mobile home. ark o m bile'. tome subdirision" means a parcel (or ontlgsws parcels oY .land divided into van or more bile home lots for rent or sale for which the construction of facilities for servicing the lot (including, ategomnmi, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of permanent construction of h structure (other then a bile home) so a site, such as the pouring of .slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, end filling, our does it Include the installation of streets aad/or,welkways; rwr does it include excavation for a behemoth, footings, piers or foundations r the erection of temporary forms; nor does it include the installs - tion on the property of a sort' buildings, such as garages or sheds not occupied as dwelling units w not ah part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof an its piling or foundation. For bile haves out within a mobile home park or mobile home s bdivisiw, "start of construction" means the affixing of the bIssue ue to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction":Is the date on which the construction of Facilities for servicing'. thesite on vhich the -.mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. -4. "Structure" means a endless. and roofed building or mobile home that is principally aborse ground. "Sctstantial imnrovasent" means any repair, reconstruction, o ingvc ®mt of a structure, the cost of which equals or exceeds 50 percent oP the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure hes been damoged and is being restored, before the damage occurred. For the purpoaes of this definition "sbstaatial impror Bent" isonsidered to cur whin the first alteration of anywall, ceiling, floor, or other structural part of the building o�mce6, whether or not that alteration affects the external dimensims of the structure. The team does not, he rver, include either: (1) any project for inpravement of a structure to Comply with existing state or local health, sanitary, or -- safety Code specifications which are solely necessary to assure safe living conditions, or (2) seSs alteration of a stracture listed on the National Register of Historic Places or a State Inventory of Historic Places. 'variance" meas a grant of relief from the requir®a:ts of this orddn9nne which permits coustraction in a manner that would other- wise he prohibited by this ordinance. -5- CRAPfER XIII ARTICLE 3-- GENERAL PROVISIONS Sec. 1 Lando to which this Ordinance applies. This ordinance shall apply 11 to all areas of special flood hazards within the Jurisdiction of the City of Bangor. Sec. 2 Basis for esteblishirut the areas of special flood hazsad. The are of special flood hazard are identified by the Federal Insurance Administration i scientific and engineering report entitled Me Flood Insurance Stuq for the City of Banger," dated August, 1977, with acewapanying Flood .Insurance Rate Maps, which are hereby adopted by reference and declared to be a part of this oreliusnce. Me Field -Insurance Study is an file at the Planning Office. City Hall, langur, Maine. Sec. 3 Compliance. No structure he land she hereafter be constructed, located, extended, converted, or altered Athens full compliance with the terms of this ordinance std other applicable regulations:. - Sec. 4 Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or Repair amor existing a ements, covenants, or deed restrictions. However, vhere this ordi nance-and another ordinance, easpreert, comosawnt, or deed restriction conflict ab overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 5 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as mindmm requirements; (2) Liberally construed in favor of the governing body; and, (3) Deed neither to limit her repeal any, other posers granted under state statutes. Sec. 6 Waning and disclaimer of liability. Me degree of flood protection required by this ordingence is considered reasonable for regulatory purposes and is based an scientific and engineering considerations. Larger floods can and All occur on rare ce onmay, anis. Flood heights be increased by man-made or natural This ordinance does not imply that land outside the areas of special flood heasaids or uses permitted within such areas All be free iron flooding or flood damages. This ordinance shell not create liability an the part of the City of Bangor, sal officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result fens reliance on this ordinance or any, administrative decision lalifa1 y made thereunder. _6 Sec. 1 Establishment of Development Permit. A Development Permit shall be obtained before construction or development of new construction or substantial improvement of a structure begins withia. any area of special flood hazard established in Article 3, Sec. 2. Application for a Development Permit shall be made on forma furnished by the Zoning and Cede Enforcement Adminis- tration Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dims and elevations of the area in question; existing or proposed structures, fill, Storage of materials, drainage facilities; and the location of the foregoing. Specifically, thefollowing information is required: (1) Elevation in relation to mem sea local, of the lowest floor (including basement) of all structuress (2) Elevation in relation to mean sea level to which any structure has been floodProofedl (3) Certification by a registered professional engineer or architect that the floodproofing methods for arN nonresidential structure meet the fioodprcofing criteria in Article 51 See. 2 (2); end, (4) Description of the extent to which wry watercourse will be altered or relocated as a result of proposed development. Sec. 2 Designation of the Zoning and Code Enforcement Administration Officer. Tne Zoning and Code Worcement Administration Officer is hereby appointed to administer and implement this o licence by granting or derying develop- ment permit applications in accordance with :its provisions. See. 3 Duties and responsibilities of Ube Zoning and Code Enforcement Administration Officer. Duties of the Zoning and Code Enforcement Administration Officer shad include, but .are not limited to: (1) Permit review. - (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Use of other base flood data. When base flood elevation data has not been provided in accord- ord-once ance with Article 3, Sec. 2, BASIS FOR ESTABLISHING THE ARg9R OF SPECIAL FLOOD HAZARD, the Zoning. and Code Enforcement Administration Officer shall obtain, review, end resonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Article 5, Sec. 2 (1), SPECIFIC STANIiAABS, Residential Construction, and Article 5, Sec. 2 (2), SPECIFIC STANDARDS, Nonresidential Construction. (3) Information to be obtained and maintained. ' (a) Obtain and record the actual elevation (in relation to mean e level) Of the lowest habitable floor (including basement) of all new or substantially improved structures. '(b) For, all new or substantially improved floodprooted structures: (i) verify mrd record the actual elevation (in . .relation to mean sea level), and . - (11) maintain the floodproofing certifications required In Article 4, Sec.. 1 (3)• (c) Maintain for public inspection all records pertaining to - the provisions of this ordinance. (4) Alteration of Watercourses. (1) Notify adjacent comities and the Bureau of Civil Emergency Pxepwedness, State Horse, Auguste: Maines prior to way- nyalteration alterationorrelocationof a watercourse. and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. ($) Interpretation of FM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary, and actual field conditions). Me person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 4, Sec. 4. Sec. 4 variance Procedure.: (1) Appeal Roars. (a) Toe Zoning Board of Appeals as established by the City of Becgor shall hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Zoning Beard of Appeals shell hear ae3 decide appeals when -It. is alleged there is an error In any requirement, declslon, or determination made by the Zoning and Code Enforc®est Administration Officer in the enforcement or admivlstration of this ordinance., (c) Those aggrieved by the decision of the Zoding Board of Appeals, or any to gayer, may appeal duct decision to the Superior Court, In accordance with Rule 80B, resin Rudes of Civil Procedure. (d) In passing upon such applicatdovs, the Zoning Board of Appeals shall consider all technical evaluations, all relaxant factors, standards specified in other sections of this ordinance, and: (1) thedanger that materials may be swept onto other .: .lands to the injury a others; (id) thedanger to life and property due to flooding or erosion damage; (111) thesusceptibilityof the proposed facility and Its contents to flood damage and the effect of such deasane on the individual ower; (1v) the. Importance of the services provided by the proposed facility to the commonality; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability a alternative locations, for the proposed use which are not subject to flooding or erosion damage; (v11) the cunpatibildty of the proposed use site existing end anticipated development; (viii) the relatiorehip of the proposed use to the comprehensive plea and, flood plain management program for that area; (1x) the safety of =sees to the property in times of flood for ordinary add emergency vehicles; (x) the erected heights, velocity, duration, rate of risE, and sediment transport of the flood waters and the effects of wave actiov, if applicable, expected at the site; and (sd)_the costs of providing governmental serviced during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, epee tical, and,watercyst®s, and streets and bridges. -9- (e) Generally, variances may be issued for new construction sand substantial improvements to be erected on a lot of one-half acre 'or less in size contiguous to and surrornded by lets with existing structuresconstructed below the base flood level, providing items; (1 -xi) in Article 4, Sec. 4 (1)(d) have been fully considered. As the lot size increases beyond the one -halt acre, the technical justification required for issuing the variance increases. (f) Upon consideration of the factors of Article 4, sec. 4 (1) (d) and the purposes of this ordinance, the Zoning Board of Appeals may attach such conditions to the granting of variances as it de®s necessary to further the purposes of this ordinance. (g) ane Zoning and Code Enforcement Administration Officer shall maintain the records of all appeal actions and report and variances to the Federal Insurmce Administration upon request. (2) Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the r®afnder of this section. - (b) Variances shall act be issued within any designated floodwey if say increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the ariance is the minimum necessary, considering the flood i hazard, to af£oxd relief. ' (d) Variances shell only be issued upon: (i) a showing of good and sufficient c j (id) a determination that failure to grant the variance would result in exceptional hardship to the applicantsl. and .(Iii) a determination that the granting of a variance will i not result in increased flood heights, additional threats to public safety, extxaoxainasy public pensee, cr nuisances, cane fraud on or victimization of the public as identified in Article 4, gee. 1 (4)(d), or conduct with existing local laws or ordinances. la (e) My applicant to uftom a Variance is granted shall be given written notice that the structnre will be peamitted to be built with a lowest floor elevation below the base flood elevation mid that the cart of flood insnrance will be coamensurate with theincreased risk resulting fnss the reduced lowest floor elevation. I CNApfER %III ARTICLE 5 - P%NIRIONS FOR FLOOD RAZARD REDUCTION Sec. 1 General standards. In ell areas of special flood hazards the following standards are required: (1) Anchoring. (a) All new coantraction and Substantial impro menta shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All mobile homes shall be anchored to resist flotation, collapse, or lateral comment by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: (i) over -the -top ties be provided at sect of the four corners of the mobile home, with two additional ties per aide at intermediate locations, with mobile haaes less them 50 feet long requiring one additional tie per side; (id) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring fou additional ties per side; (Sid) ell components oP the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) aro additions to the mobile home be similarly anchorep. (S) Construction materials end methods. (e) All new construction end substantial. improemants shall bel constructed with materials and utility equipment resistant) to flood damage. I, (b) All new construction and substantial impxovementa shall be; constructed using methods mad practices that minimize floo4 damage. (3) Utilities. (a) All new mod replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 12. (b) New end replacement sanitary sewage systems Shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and - (c) On-site waste disposal systems shall be located to avoid impairment to than or contmaiastion from then during flooding. (4) Subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shell have public utilities and facilities such as sever, ges, electrical, a1W water syste6s located and constructed to minimize flood damage; - (c) All s cavision proposals ahsll have adequate drainage 'provided to reduce exposure to flood damage; and, (d) ease flood elevation data shall be provided for subdivision proposals sed other proposed development which contain at least 50 lots or 5 acre (whichever is less). Sec. 2 Specific standards. In all area of special flood hazards where base flood elevation data has been provided as set -forth in Article 3, Sec. 2 BASIS FOR ESTAD Hlgn; lug ARSAs OF SpgCzdL FLXD eAZ4eD or Article 4, Sec. 3 (2), Use of other ease Flood Data, the following provisions are required: (1) Residential construction. New construction and substantial j dmproveanent of aryv residential structure shall have the lowest floor, including basanart 4 elevated to or above base flood elevation. (2) Nonresidential construction. New construction and substantial improvement of any, camenercial, industrial or other nonresidential structure shall either have the lowest floor, including basanent, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: (a) be floodproofad so that below the base flood level the structureis watertight with walls substantially impermeable to the. passage of water; 1 '(b) have structural. components capable of resisting hydrostatile and hydrWynamic leads and effects of buoyancy; and (c) be certified by a registered, professional engineer or architect that the standards a this subsection are satisfied. Such certifications shall be provided to the official as set forth in Article 4, Sec. 3 (3)(b). -23 (3) Mobile Hones. (a) Mobile homes sball be anchored in accordance with Article 5, Sec. 1 (1)(b). (b) For new mobile home parks and mobile hone subdivisions: for expansions to existing mobile home perks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or ezeeels 50 percent of value of the streets, utilities and pads before, the repair, reconstruction or improvement has c sued; and for mobile homes not placed in a mobile home park or mobile tame oubaivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii)adequate -surface draimge and access for a hauler are provided, and, (iii)in;the instance of elevation on pilings, that: - e enough to. permit steps, - piling foundations are placed in stable soil no more than ton feet apart, end - reinforcement is pxovided for pilings more than six. feet Bove the ground level. (c) No mobile home shall be placed in a floodha , c:cept in ss++55 existing mobile home park or existing mobile home subdivision. Sec. 3 Floodw •m. Located within areas of special flood hazard established In Article 3, sec. 2 are areae designed as floodways. Since the ficodway is an extremely bazarlona area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisims apply: 1. (1) Prohibit ev meimente, including fill, new construction, tF substantial, improvements, and other development unless certiR i cation by a registered profes61mua1 engineer or architect i y Provided. demonstrating that encroachments shell cot result 1 in any increase in flood levels during the occurrence of the base need discharge. (2) If Article 5, Sec. 3 (1). is satisfied, all new construction anal substantial improrevents shall comply with all applicable flood; hazard reduction prolvisions of Article 5 PAOTE IONS FOR FLOOD. DAZdidl REDUCTION. (3) Prohibit the placement of any mobile homes, except in an existig mobile home perk or existing mdbile home subdivision. 4- a3� A ON 6pOC16 6= ) &-I&' Amendment to Council Order 238 AF - "Flood Damage Prevention Ordinance" Article 3 - (Page 0 1) Sec. 2 - the a "August" to "December" 2) After "Flood Insurance Rate Maps" add "end Flood Boundary end Floodwav Maps"