HomeMy WebLinkAbout2023-04-10 23-113 Ordinance 23-113 4/10/2023
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CITY COUNCIL ACTION
��,�"' ��� Council Meeting Date: April 10, 2023
��`°��j�� .,,����� Item No: 23-113
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���`����y ��.'��''`� Action Requested: Repealing and Replacing Chapter 120: Map/Lot: N/A
Floodplain Management in the City Code
Title, Ordinance
Repealing Chapter 120, Floodplain Management, as adopted on 12-26-2001 by Ordinance number 02-40, and
adding Chapter 120, Floodplain Management, as amended, to the Code of Ordinances of the City of Bangor
Summary
Certain areas of the City of Bangor are subject to periodic flooding, causing serious damage 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 City of Bangor, Maine, has chosen to become a participating community in the National Flood
Insurance Program (NFIP) and agrees to comply with the requirements of the National Flood Insurance Act of
1968 (P.L. 90-488, as amended), as delineated in the Floodplain Management Ordinance.
The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the City of
Bangor 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. The Floodplain Management
Ordinance establishes a Flood Hazard Development Permit system and review procedure for development
activities in the designated flood hazard areas of the City of Bangor.
The Federal Emergency Management Agency (FEMA) has set the effective date of the new Digital Flood
Insurance Rate Maps (DFIRM's) for the Lower Penobscot River watershed for July 19, 2023. The City of Bangor
is required to adopt an updated Floodplain Management Ordinance that references that new map date on or
before July 19, 2023, in order to maintain participation in the NFIP.
This is a technical change to the Floodplain Management Ordinance in order to comply with FEMA rules.
Committee Action
Committee: Planning Board Meeting Date: April 18, 2023
Action: For: Against:
Staff Comments &Approvals
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City Manager City Solicitor Finance Director
Introduced for: First reading and Referral
23-113 4/10/2023
���� ,���� CITY COUNCIL ORDINANCE
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°��'��� �'° Date: April 10, 2023
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�,� �.� Assigned to Councilor: Davitt
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ORDINANCE, Repealing Chapter 120, Floodplain Management, as adopted on 12-26-2001 by Ordinance
number 02-40, and adding Chapter 120, Floodplain Management, as amended, to the Code of Ordinances of
the City of Bangor.
WHEREAS, the City of Bangor, Maine, has chosen to become a participating community in the National Flood
Insurance Program (NFIP) and agrees to comply with the requirements of the National Flood Insurance Act of
1968 (P.L. 90-488, as amended), as delineated in the Floodplain Management Ordinance;
WHEREAS, the National Flood Insurance Program, established in the aforesaid Act, provides that areas of
the City of Bangor 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;
WHEREAS, the Federal Emergency Management Agency (FEMA) has set the efFective date of the new Digital
Flood Insurance Rate Maps (DFIRM's) for the Lower Penobscot River watershed for July 19, 2023; and
WHEREAS, the City of Bangor is required to adopt an updated Floodplain Management Ordinance that
references that new map date on or before July 19, 2023, in order to maintain participation in the NFIP;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 120, Floodplain Management, as adopted on 12-26-2001 by Ordinance number 02-40, is repealed as
of July 19, 2023, and Chapter 120, Floodplain Management, in the form attached hereto as Exhibit A, is hereby
added to the Code of Ordinances of the City of Bangor, effective July 19, 2023.
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Exhibit A
FLOODPLAIN MANAGEMENT ORDINANCE
FOR THE
CITY OF BANGOR, MAINE
ENACTED:
Date
EFFECTIVE: July 19, 2023
Date
CERTIFIED BY:
Signature
CERTIFIED BY:
Print Name
Title Affix Seal
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FLOODPLAIN MANAGEMENT ORDINANCE
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
VL DEVELOPMENT STANDARDS ...................................................................................... 5
VIL CERTIFICATE OF COMPLIANCE................................................................................ ll
VIII. REVIEW OF SUBDIVISIONS AND DEVELOPMENT PROPOSALS ........................ 11
IX. APPEALS AND VARIANCES........................................................................................ 12
X. ENFORCEMENT AND PENALTIES ............................................................................. 14
XL VALIDITY AND SEVERABILITY ................................................................................ 14
XIL CONFLICT WITH OTHER ORDINANCES................................................................... 14
XIII. DEFINITIONS.................................................................................................................. 14
XIV. ABROGATION ................................................................................................................ 19
XV. DISCLAIMER OF LIABILITY...................................................................20
60.3(d) DFIRM Rev. 6/22
Prepared on 1/2023 by DACF/JP
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Chapter 120 Floodplain Management
Article 1 —Purpose and establishment
Certain areas of the City of Bangor, 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 City of Bangor, 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 City of Bangor, 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 City of Bangor 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 City of
Bangor 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 City of Bangor, Maine.
The areas of special flood hazard, Zones A and AE, for the City of Bangor, Penobscot County, Maine,
identified by the Federal Emergency Management Agency in a report entitled"Flood Insurance Study —
Penobscot County, Maine," dated July 19, 2023, with accompanying "Flood Insurance Rate Maps,
Penobscot County, Maine" dated July 19, 2023, are hereby adopted by reference and declared to be a part
of this Ordinance.
Article II -Permit required
The Code Enforcement Officer shall be designated as the local Floodplain Administrator. The Floodplain
Administrator shall have the authority to implement the commitment made to administer and enforce the
requirements for participation in the National Flood Insurance Program.
Before any construction or other development(as defined in Article XIII), 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. This permit shall be
in addition to any other permits which may be required pursuant to the codes and ordinances of the City
of Bangor, 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;
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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), North American Vertical
Datum (NAVD), 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 AE, from data contained in the "Flood Insurance Study -Penobscot County,
Maine," as described in Article I; or,
b. in Zone A:
(1) from any base flood elevation data from federal, state, or other technical sources (such
as FEMA's Quick-2 model, FEMA 265), including information obtained pursuant to
Article VLM. and VIII.D.; or,
(2) in the absence of all data described in Article III.H.l.b.(1), information to demonstrate
that the structure shall meet the elevation requirement in Article VLH2.b., Article
VLL2.a. or b., or Article VLJ2.b.
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;
4. lowest machinery and equipment servicing the building; and,
5. level, in the case of non-residential structures only, to which the structure will be floodproofed.
L 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 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 certi�cations as required in Article VI by a registered professional engineer or
architect:
1. a Floodproofing Certificate (FEMA Form 81-65, as amended), to verify that the floodproofing
methods for any non-residential structures will meet the floodproofing criteria of Article VLL;
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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 VLN2.a.;
3. a certified statement that bridges will meet the standards of Article VLO.;
4. a certified statement that containment walls will meet the standards of Article VLP.
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
A non-refundable application fee of an amount prescribed by the Schedule of Fees established in § 109,
payable to the City of Bangor, shall be paid to the Code Enforcement Office and a copy of a receipt for
the same shall accompany the application.
An additional fee may be charged if the Code Enforcement Officer, Planning Board, and/or Board of
Appeals needs 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.
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:
l. the base flood and floodway data contained in the "Flood Insurance Study -Penobscot County,
Maine," as described in Article I;
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.l.b.(1); Article VLM.; and Article VIILD., 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.l.b.(1), the community shall submit that data to the Maine Floodplain Management
Program.
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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 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 "under
construction" Elevation Certificate completed by a Professional Land Surveyor, registered
professional engineer or architect based on the Part I permit construction for verifying
compliance with the elevation requirements of Article VI,paragraphs H., L, or J. 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 Article VLL 1. 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 Article VLL., 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.
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 Article IX of this Ordinance, and copies of Elevation
Certificates, Floodproofing Certificates, Certificates of Compliance, and certifications of design
standards required under the provisions of Articles III, VI, and VII 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:
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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. Utilities -New construction or substantial improvement of any structure (including manufactured
homes) located within Zones A and AE, shall have the bottom of all electrical, heating,plumbing,
ventilation and air conditioning equipment,permanent fixtures and components, HVAC ductwork
and duct systems, and any other utility service equipment, facilities, machinery, or connections
servicing a structure, elevated to at least one foot above the base flood elevation.
G. Physical Changes to the Natural Landscape - Certain development projects, including but not
limited to, retaining walls, sea wall, levees, berms, and rip rap, can cause physical changes that affect
flooding conditions.
1. All development projects in Zones AE and VE that cause physical changes to the natural
landscape shall be reviewed by a Professional Engineer to determine whether or not the project
changes the base flood elevation, zone, and/or the flood hazard boundary line.
a. If the Professional Engineer determines, through the use of engineering judgement, that the
project would not necessitate a Letter of Map Revision (LOMR), a certified statement shall
be provided.
b. If the Professional Engineer determines that the project may cause a change, a hydrologic
and hydraulic analysis that meets current FEMA standards shall be performed.
2. If the hydrologic and hydraulic analysis performed indicates a change to the base flood elevation,
zone, and/or the flood hazard boundary line, the applicant may submit a Conditional Letter of
Map Revision (GLOMR)request to the Federal Emergency Management Agency for assurance
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that the as-built proj ect will result in a change to the Flood Insurance Rate Map. Once the
development is completed, a request for a Letter of Map Revision (LOMR) shall be initiated.
3. If the hydrologic and hydraulic analysis performed show a change to the base flood elevation,
zone, and/or the flood hazard boundary line, as soon as practicable, but no later than 6 months
after the completion of the project, the applicant shall submit the technical data to FEMA in the
form of a Letter of Map Revision request.
H. Residential - New construction or substantial improvement of any residential structure located
within:
l. Zone AE shall have the lowest floor(including basement) elevated to at least one foot above the
base flood elevation.
2. Zone A shall have the lowest floor(including basement) elevated:
a. to at least one foot above the base flood elevation utilizing information obtained pursuant to
Article III.H.l.b.(1); Article V.B.; or Article VIII.D.; or,
b. in the absence of all data described in Article VLH2.a., to at least two feet above the highest
adjacent grade to the structure.
L Non-Residential - New construction or substantial improvement of any non-residential structure
located within:
1. Zone AE 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 Article III.K. and shall
include a record of the elevation above mean sea level to which the structure is
floodproofed.
2. Zone A shall have the lowest floor(including basement) elevated:
a. to at least one foot above the base flood elevation utilizing information obtained pursuant to
Article III.H.l.b.(1); Article V.B.; Article VIII.D.; or,
b. in the absence of all data described in Article VLL2.a., to at least two feet above the highest
adjacent grade to the structure; or,
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c. together with attendant utility and sanitary facilities meet the floodproofing standards of
Article VLLl.a., b., and c.
J. Manufactured Homes - New or substantially improved manufactured homes located within:
l. Zone AE 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 Article VLJ.l.c.(1) & (2) shall be
capable of carrying a force of 4800 pounds.
2. Zone A shall:
a. be elevated on a permanent foundation, as described in Article VLJ.l.b., 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 IILH.l.b.(1); Article V.B.;
Article VIILD.; or,
b. in the absence of all data as described in Article VLJ.2.a., to at least two feet above the
highest adjacent grade to the structure; and,
c. meet the anchoring requirements of Article VLJ.l.c.
K. Recreational Vehicles - Recreational Vehicles located within:
1. Zones A and AE shall either:
a. be on the site for fewer than 180 consecutive days; and,
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 Article VLJ.l.
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L. Accessory Structures -New construction or substantial improvement of Accessory Structures, as
defined in Article XIII, shall be exempt from the elevation criteria required in Article VLH. & I.
above, if all other requirements of Article VI and all the following requirements are met.
l. Accessory Structures located in Zones A and AE shall:
a. meet the requirements of Article VLA.l. through 4., as applicable;
b. be limited in size to a one-story two car garage;
c. ha�e unfinished interiors and not be used for human habitation;
d. 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.
e. be located outside the floodway;
f. 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,
g. have hydraulic openings, as specified in Article VLN2., in at least two different walls of the
accessory structure.
M. Floodways -
1. In Zone AE riverine areas, encroachments, including fill, new construction, substantial
improvement, and other development shall not be permitted within a regulatory floodway which
is designated on the community's Flood Insurance Rate Map, unless a technical evaluation
certified by a registered professional engineer is provided demonstrating that such
encroachments will not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
2. In Zones A and AE, riverine areas for which no regulatory floodway is designated,
encroachments, including fill, new construction, substantial improvement, and other
development shall not be permitted in the floodway as determined in Article VLM3. unless a
technical evaluation certified by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when combined with all other existing
development and anticipated development:
a. will not increase the water surface elevation of the base flood more than one foot at any
point within the community; and,
b. is consistent with the technical criteria contained in FEMA's guidelines and standards for
flood risk analysis and mapping.
3. In Zones A and AE riverine areas, for which no regulatory floodway is designated, the regulatory
floodway is determined to 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 from the normal high
water mark to the upland limit of the floodplain.
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N. Hydraulic Openings/Flood Vents - New construction or substantial improvement of any structure
in Zones A and AE that meets the development standards of Article VI, including the elevation
requirements of Article VI,paragraphs H., L, or J. and is elevated on posts, columns,piers,piles, or
crawlspaces may be enclosed below the base flood elevation requirements provided all the following
criteria are met or exceeded:
l. Enclosed areas are not"basements" as defined in Article XIII;
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.
O. Bridges - New construction or substantial improvement of any bridge in Zones A and AE 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 Article VLM.; 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.
P. Containment Walls -New construction or substantial improvement of any containment wall located
within:
1. Zones A and AE shall:
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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 Article III.K.
Q. Wharves, Piers, and Docks - New construction or substantial improvement of wharves,piers, and
docks are permitted in Zones A and AE, in and over water and shall comply with all applicable local,
state, and federal regulations.
Article VII—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 Professional Land
Surveyor, registered professional engineer, or architect, for compliance with Article VI,paragraphs
H., L, or J.
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 VIII—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.
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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 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 IX—Appeals and variances
The Board of Appeals of the City of Bangor 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:
l. 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:
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l. the criteria of Article IX.A. through C. and Article VLM. 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 IX.A. through C.; 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. Variances may be issued for new construction and substantial improvement of Agricultural
Structures being used for the conduct of agricultural uses provided that:
1. the development meets the criteria of Article IX.A. through C.; and,
2. the development meets the criteria of Article VLM. and Article VLN.
G. Any applicant who meets the criteria of Article IX.A. through C. and Article IX.D., E., or F. 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; and,
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.
H. Appeal Procedure for Administrative and Variance Appeals
l. 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 documents 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.
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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 X—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, may 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 XI—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 XII—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 XIII -Definitions
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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 - a structure which is on the same parcel of property as a principal structure and the
use of which is incidental to the use of the principal structure.
Adjacent Grade -the natural elevation of the ground surface prior to construction next to the proposed
walls of a structure.
Agricultural Structure - structures that are used exclusively for agricultural purposes or uses in
connection with the production, harvesting, storage, raising, or drying of agricultural commodities and
livestock Structures that house tools or equipment used in connection with these purposes or uses are also
considered to have agricultural purposes or uses.
Area of Special Flood Hazard -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 Article I of this
Ordinance.
Base Flood - a flood having a one percent chance of being equaled or exceeded in any given year,
commonly called the 100-year flood.
Basement- 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.
Containment Wall - a wall surrounding all sides of an above ground tank to contain any spills or leaks.
Development- any man made change to improved or unimproved real estate. This includes, but is not
limited to, buildings or other structures; mining, dredging, filling, grading,paving, excavation, drilling
operations or storage of equipment or materials; and the storage, deposition, or extraction of materials.
Digital Flood Insurance Rate Map (DFIRM) - an official digital 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.
Elevated Building - a non-basement building that is:
a. built, in the case of a building in Zones A or AE, to have the top of the elevated floor elevated above
the ground level by means of pilings, columns,posts,piers, or shear walls; 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.
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In the case of Zones A or AE, 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 Article VLN.
Elevation Certificate - an official form (FEMA Form 81-31, 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.
Existing Manufactured Home Park or Subdivision - a manufactured home park or subdivision that was
recorded in the deed registry prior to the adoption date of the community's first floodplain management
regulations.
Flood or Flooding -
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.l. of this definition.
Flood Elevation Study - an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
Flood Insurance Rate Map (FIRM) - 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 - any land area susceptible to being inundated by water from any
source (see Flood or Flooding).
Floodplain Management -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 -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.
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Floodproofing - 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.
Floodway Encroachment Lines -the lines marking the limits of floodways on federal, state, and local
floodplain maps.
Freeboard - 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 - 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 - 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 -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), North American Vertical Datum (NAVD), 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 -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 VLN. of this ordinance.
Manufactured Home - 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
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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 - a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
Mean Sea Level-for purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Minor Development - 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 VLL.,
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) -the national vertical datum, whose standard was
established in 1929, which is used by the National Flood Insurance Program (NFII'). NGVD was based
upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)".
New Construction - 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.
North American Vertical Datum (NAVD) -the national datum whose standard was established in 1988,
which is the new vertical datum used by the National Flood Insurance Program (NFII') for all new Flood
Insurance Rate Maps. NAVD is based upon the vertical datum used by other North American countries
such as Canada and Mexico and was established to replace NGVD because of constant movement of the
earths crust, glacial rebound and subsidence, and the increasing use of satellite technology.
100-year flood - see Base Flood.
Recreational Vehicle - 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.
Regulatory Floodway -
a. 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 a
designated height, and,
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b. when not designated on the community's Flood Insurance Rate Map, it 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-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 -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 - 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 - 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 - 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 - a grant of relief by a community from the terms of a floodplain management regulation.
Violation -the failure of a structure or development to comply with a community's floodplain
management regulations.
Article XIV -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).
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Article XV—Disclaimer of liability
The degree of flood protection required by the ordinance is considered reasonable but does not imply total
flood protection.
IN CITY COUNCIL
APRIL 10, 2023
COrd 23-113
First Reading and Referral to Planning Board Meeting of April 18, 2023
Vote: 8 —0
Councilors Voting Yes: Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed
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CITY CLERK
IN CITY COUNCIL
APRIL 24, 2023
COrd 23-113
Motion made and seconded for Passage
Vote: 7—0
Councilors Voting Yes: Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed
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CITY CLERK