HomeMy WebLinkAbout2001-11-26 02-40 ORDINANCECouncil Action
Date Noveaber 26, 2001 Item No. 02"0
Item/Subject Detecting Chapter 120 and Replacing It WIN New Chapter 120— Flood Prevention
Reaponaible Department Infrastmoure and Development Support- Code Enforcement Division
Commentary:
The adoption of this new Flood Prevention Ordinance is the final action required W adopt the new flood
mapping of the CM done by FEMA and the USGS last year. Initially, the pmlect was intended W
provide the City with definitive flood mapping of developing areas not fully mapped in 1977. The
prul was expanded to recalculate the Penobscot River Flood zones In light of the removal of the
Bangor Dam, the construction of the Veteran's Bridge and Bangor's plans for developing the
Waterfront. Finally, as a result of new mapping technology, Bangor's new food mapping has been
overlain on anal photography and will be made available in electronic format which is
GIS compatible.
Pelf artment Head
Manager's Comments: �Ay^nr�'a�ia�••j�/////��������/��//''
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Introduced For
Passage
First Reading 1 /
Referral pu @-.t µrywsqu.v�
02-W
in i, Asaigmed to Cooncimur Ho6mv dav®beir 26. 2001
CITY OF BANGOR
ess
(TITLE.) Ordinance, Adapting New Chapter 120, Floodplain Managment.
Be itofrlaNxdbythe Cityol"Barrgor, au/W/oxs:
Chapter ¢q Sections 1-13 be deleted and replaced with the following effective Monaco 20(2:
Chapter 120, Floodplain Management
§ @0.1. Purpose and establishment.
A. Camara areas of the Ciy of Bangor, Maine are subject to periodic flooding, causing serious damages to properties
within Nuees. Relief is available in irt
are form of flood mn¢ rnas motherhood by the National Flood Insurance
Act of 1968,
Be Thexforc, she City of Bangor, Maine has chosen to biome a participating community in the National Flood
Insurance Program, and agrees to comply wife the requiremrnn of the National Flood Insurance Act of 1968 (P.L.
seri as common) as delmeatetl he this Floodplain Management Ordinance.
C. It is Ne intent of the City of Bangor, Mauve to reryire Ne recognition and evaluation of floM hazards in all official
actions relating to land use to ate floodplain areas having special flood haoords.
D. The City of Bangor has Ne legal authority to adopt land use and ventral measures in reduce future flood losses
pursuant N Tide 30-A MRSA, Serious 3001-3007,4352 and 4401-440].
E The National Flood Inrvmnm Program, established in are aforeand Act, provides Nat areas of the City of Bangor
having a special flood havrd be idmrified by the Federal Emergency Management Agency and that floodplain
management measures be applied in such flood hazard areas "is Chapter esmblishes a Flood Hamrd
Development Permit system and review procedure for development activities in Ne reported flood haverd areas of
Ne CIA of Bangor, Maine.
F. The areas of special flood heaved, Zones A and AE, are identified by Ne Federal Emergency Management Agency
n a report entitled "Flood Insurance Study - City of Bangor, Maine, Penobscot County,- dated September 25.2000
what accompanying "Flood Insurance Rate Map" dated September 25, 2000 which are hereby adopted by reference
and declared m be a part of his Chapter.
§ 120.2. Pem,itrcquired.
Before any construction or other development has defini in § Key 13), including the placement of inanufacrumal homes,
begins within any areas of special flout havard enablished in 11120. 1, a Flood Huard Development Fermit shall be obmined
from Ne Code Enforcement Officer. This permit shall be in scratch many other pttmie which may be fano dpursuant to
Ne Code of Ne Ciy of Bangor, Maine.
§120-3. Antirealistic for permit.
1Te application for a Flood Hearer Development permit shell be whmimal mate Code Enforcement Officer and shall
monde:
A. The time, address and phone number of the applicant, owner, and contractor;
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B. An address and a map indicating Ne location of the nmtmuin sale;
C. A six plan showing location of existing anlfor proposing development, including but not limited to snucares,
sewage disposal facilities, water supply feaililies, men to be cut and filled, and lot dimensions;
D. A smrementofine intended use of the elmmure andlor development;
E. Aamtement of the cog ofths development including all materials and labor;
F. Astatenent as m Ne type of sewage system propoeM;
G. Specification of dimensions of Ne proposed sWCWre sulfur development;
H Far new construction and substmtial improvements,
1. The elevation so relation to Ne National Geodetic Vertical beach (NGVD), Or ce a Ictally established
daam in Zone A only, of the:
e. base flood at Ne proposed six of al new, m suWbntally improved gmcares, which to
accumulated
L. In Zone AE, fiom data tevmwed in Oa "Flood Wurenu Sandy - Ciry of health,
Maine,' aadesc ibed in § 120-1; or,
u. in Zone A:
(1) from any base paid elevation data from federal, state, or other technical soarees
(and es FEMA's (yuid-2 mMel, FEMA 265lfuly 1995), including mfwmgion
obtained processor to §1204K aM § 12MD;
(2) from fire conatus elevation extrapolated from a best fit analysis of the floMplain
houndary when overlaid once a USGS Quadrangle Map or oNer apagaphic
map prepared by a Profnaimul Wend Surveyor or registered professional
engineer, if the fiwtlpam Mwdary has a significant correlation to Oe elevation
someone line(s); or, in the absence of all oNer dose,
(3) ce be the alevmion of the ground u Ne interaction of Ne floodplain boundary.
and a line perymdinlm to the sirmelin , older Flags along the ground through
the site of fire proposed building.
b, highest and lowest gide$ a the site adjacent a me walls of Ne proposed building;
c Iowel fiom, including Fragment; and wheNa or not each resonance contain a begging; and,
d. level, N the case ofn[n rasiden(ul structures only, to which the structure will N 0oodprosg N;
2. A description of an elevation reference point established on the site of all developments; for which
elevation sandals apply m required in §120-6;
3. A written certification by a professional Land Surveyor, registered professional engineer of artNxu, that
the base flood elevation and grade elavariong grown on Ne application are accamte;
4. The following certifications as required in§120-6by aregisfercd professional ngmer Or architect
a. a Flwtlpmofing Cerificate (FEMA Form. 81-65, 0899, m amended), a verify Net the
floodproofing methods for any non-residntal sin umn will mea Ne fioodpm Anig meccas of §
120.31](4); § 120-60,; and other applicable araudmds in § 120-6;
b. a Hydraulic Openings Cenifbare to verify chat engineered hydraulic openings N foundation walls
will most Ne mandmds of§ 120-6L(2)(a);
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C. amnified nmcemem that midges will meet the staudmtls of§120-6th;
d. am smtaneaN cnNvmnentwulls will mee[Ne amndazda of§120.614;
5. A demi) mion of the occur to which any wafer murse will be spend or watched as a result of the
pmpnttd tlevtlnpmmG and,
6. Astaternnent of construction plena dwcnting in detail how each applicable development absorbed in§120-
6 will be mm.
§ 120-4. Application Fee and Wen fee.
A. Fre Code Fabrication Offo, shall wheat anon-refundmic application lee of $50.00, made payable to the City of
Bengor, and a copy of a receipt for rise same shall accompany the application.
B. An additional(a may be chazgetl if lM Cotle enfmwmem Officer andlm Bound of Appeals nestle the incidence of
a professional mgweer or other expo. The repents ke shall m paid to M by the applicant within 10 days after
the town submits a bill to the appfcant. Faihue W pay due bill shall constitute a violation of the Chapter and he
grrentls for Ne issuance of a mop work order. An expo shall Out be hired by the municipality at the Warsaw of an
applicant until the addition has eller comoretl to sueh hiring in writing Or hem given an opportwi y to be hired
on the subject. Am application who is d'ueatiahed with a dmision to him expo assistance may appeal that decision to
the BOmd of Appeals,
§ 120.5. Review Ancient for flood harem development permit applications.
The Code Enforcement Offcar shall:
A. Review all appfcatiore fm the Flmd flemrd Development Pertik W assure An proposed developments are-
atonaMy arm hom flooding and W determine Nat all panne[ requirements of § 120-6 (Development Sumdmers)
have Item, or will be me;
B. Utilize, to the review of Ml Flood Humid Development Permit Wflostioos:
1. Ne haw flood date conmined in me 'Flood Interests Study - City of Bangor, Mairm' as described in §
120-I;
2. in special flood humid areas when base flood elevation direct are not provided, me Cade P fmcement
Officer shell obtain, review and reasonably utilise my bate flood education and floodway Arm hour
natural, Arm, inoNer technical manes, including lnfommtion Ahmed panumt W§120 -311(1)(6);§120-
6K.; and § 120-8D, in Order W ad ministtt § 120-6 ofNis Chapter; and,
3, when the community establishes a base fload elevala in a Zone A by methods outlined in § 120.
3H(1)(b), the community aha0 submit that data to the Mame Flmdplvn Manrgpomt Program In the draw
Plano m8 Office.
C. Make inwpmutiov of As location of boundaries of special flood harreN areas Shown on me maps detabN in §
120-1 of this Chapter;
D. N the review of Flood Humid Development Permit applications, determine that all ne comay permka have One,
Mounted fiom ounce federal, spun, and loud 90verummt agencies from which prior approval is required by federal
or saw law, including but not rwitN W Section 404 of the Federal Water Potation Cosuol Act Amendments of
IM, 33 USC, 1334;
E. Notify adjacent municipalities, Ne Department of Environmental Protection, and the Maine Floodplain
Mmeganmt Frogtam in Me State Planning Office pnm W my Amon or relocation of a water course and much
cnpim of such notifications to the Federal Emergency Mmegemmn Agency;
F. If the application mtiafes the rim umtmts of this Chapter, approve due bounce of one of the !allowing Flood
Harrod Development Permits based on the type of development:
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02-
1. A two part Flood Havrd Development Permit for elevated smcunce, Pan 1 shall authorise the appliomt
to build a structure to and Including the fust horizontal flow only above the base Flood level. At that time
the applicant shall provides the Cattle Endowments Offiter with accord Elevation Cenifi®te wmpkled by
a Prokesional Land Sur eyof, registered professional enginm or architect beard an the Part I permit
construction , "az hour, for verirymg complinnae with Ne elevation requuemenn of § 120-6, paragnpbs
F, 0, or H. Following review of the Elevation Conclude dam, witch scall take place within 22 boon of
rettryt of the applicall Me Cede 6nf ent Oficm shall issue Part II of the Flood Hazard
Development patois. Pan II shall cutbacks, the applicant to complex, the construction posters; or,
2. A Flood Hawd Development Perms for Floodpmofing of Non -Residential Strumras that are new
construction or substantially improved non-reudmtal structures then are not being elevated but Out mad
the floodproofing standards of § 120-6G(IHal (bx and (c). The application for this Frit shall include a
Floodproof g Cesufwn signM by a regishM professional engines or archirect Or
3. A Flood Hamrd Development Permit for Minor Development for all development Out is nes new
conatrumion
or a substantial improvement, each as opens, maiwenmce, rowers done or additions, whose
value is less than 5W, of the mazkn value of Le structure. Minor development also includes, but is nm
IimiW to acwwry, shucmres as provided for in § 120.61, minim& dtetlgin& filling, gcdmg, paving,
ovation, drilling operations. Manage of wuipmenr Or materisle, deposition or condition of inetesiale,
public at private remain, disposal systems or water supply facilities lost do not involve announce; and non-
structural prole is such as bddgq, tlems, mwery natural, pipelines, wharves and pier.
G. Maintain, u a pmnmenr record, copies of all Flood Hamrd Development Pemit Applications, cosreeponding
Pmwh issued and data relevant NdeW, including reports of We Board ofAppeak on standards genic! ands, rhe
provisions of § 120.9 of this Chapter, and copies ofIdevadion Cutifuates, Floodproofing CertiMmn, CertificYa
of Compliance antl cmificmions of design MlmtlWs requiretl wtlx the provisions of § 120-3, 6, and ] of Ws
Choose.
§ 120-6. DeveNgoent Standards.
All develOpmenm un amus of refusal Foed bawd fiat] most the following applicable standards:
A. All Development - All development shall:
1. be designed or modified and adequately mchoad to prevent flandan(excluding piers and doG¢), collapse
Or lateral movement of Ne development resulting hone hydmdywna and hydrometric load; including the
effects ofbuoymcy;
2. use construction materials that are resistant to Flood damage;
3. use construction methrde and practices that will minimize Flaod dmage;and
4. use skeptical, heating, ventilation, plumbing, and w conditioning equipment, and other service facilities
that are do igned andfor located so ar to prevent water from mtenng or eccumWating within the
compressors during flooding cm W urines.
B. Water Supply - All now and replacement water supply systems shall Ile dviged to minimize or eliminem
infiltration of flood! waters ins, the systms.
C. Sanitary Sewage Systems - All new and replacement sanitary sewage systems Ann be designed and laarei to
mumize w eliminate indication of flood waters mm the sysrm and discharges fiver the system iota flood waters.
D. On Site Waste Disposal Systems - On site wrote depressed systems shall W located and constrained to avoid
impaimmnt to them or conWn'vation Fort them dmmg flo ds.
E. Watercourse Carrying Capacity - All development mociamd with uttered or rel0 saved portions of a watercourse
shall let constructed and maintained in such a manner then no reduction occurs in the flood csafywg upechy of the
watercourse.
F. Rmidentlm- New construction or substantial improvement of my residential shinume located within:
1. Zone AB shall have she lowest floor(includmg Instrument) elevated to at leazl one foot above We base flood
elevation.
2. Zone A shall have the lowest door(cbWing bodement) elevated W at]a=me foot above the base flood
elevation mlllzing information nMiwh pmsoant m § 120a1Oxh%4120-5@ or § 120-811.
G. Nan Rafdmfll- New mnslmclim m SUWM60 improvement of my nonresidential swcaas located within;
1. Lee AB shall have she lowest Flom fncludmg basement) elevated to a him one foot&am the base Flood
elevation, or together with atmndma utility and mildly facilities alar:
a. be flomdpraomd 0 m lend am four above Ne base flood elcaman so Dat below that elevation Ne
amounts is watertight wind walk substantially impermeable to the passage of water;
b. have ahucMal components capable of cackling hydrostatic and hydrodynamic Iotas and the
effects ofbaaymry; and,
C, be marified by a regimented professional engineer of staniteq that the flcMpfcofiog design and
memo& of consmmtion at in accordance with accepted standards of practice for meeting tie
provisions of this section. Such cerOficadon shall be provided with the application for a Plural
Havmd Development penult, in required by § 120-3K and shall include a sand of Ne elevation
above mem am level to which Ne Motors is floddproofed.
2. Zone A$hall have me lowest floor(hmluding baauent)elevated m at less) one foot shove the base flood
elevation tailithing Intimation obtained pursumn to § 12a3Wl)(b); § 120-5B; or § 12 8D, or together
wish amendant utility and smiley facilities meet We flcMproo ng standards of§ 120-60(1).
H. Manufactured Halms- New or immortally improved nmmctered home located within;
1. Zone AE shall:
a. be elevated $uch that she lowest floor (mcluNog lowered) of tie maoulecNrcd home is at fleet
one foot above the base flood elevation;
b. be on a paramount foundation, which may be poured creamery slab or foundation wars, wind
hdraWic Warnings or may be reinforced piers or block supports, my of which support the
manufactured h so that no weight is supportM by its wheals and axles; and,
a be securely armored W an adequately anchored 6mdmon system be mist flomtim, currents, in
lateral movmlent Mendutls of anchoring may include, bon are am limited to
n vat'-Ne-rop m anchaml to the ground at the four camera of the mmufrnmed home,
plus two additional tial phi side at interactions points (mmufacNred homes less Wan 50
far lung resolve one additional tie par side); or by,
u. Game ties at cash comes of roe home, plus five additional this clam each side at
mem time poims (mmu(actuM homes less Ban 50 fat Img require four additional
ties pe side).
in. all compomnk df the dru ming system described in § 120611(1$c)(i) & (iq shall be
capable of wuying a Russ of 4800 pawds.
2. Zone A shall:
a. be elevated on a pemmnextfoundation, ss demibed In§120-6H(1)(F), cash that me loopy Flom
(inchMing basenmt)Of&a mmutacrund home kat kuru one foot move the base flood elsvmion
utilizing information obtained pmwmr to § 120-31fl(1)(h); § 120-5B; or § 120-8D; and
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b. tracer In mchor'ing requirements of§120-6H(I)(c).
Remotions] Vehicles - Recreational Vehicles located within
I zone AE shall ewes
a be on the site but fewer than 180 connotative days,
n be felly licensed and ready fm highway use A recreational vehicle is ready for highway oke if it
secn its whcels orjacking system, u attached to the niU only by quick disconnect type utWties and
urity devices, and has no permaneady matched aediriou; or,
C, be permittW muwtam with de chambers and anchoring requirements for ^manducmred
houses" in§120-6H(1). ta
J. Acceseory Structures - Acceswry Structures, as dented in § 120-13, located within Imes AE and A, shall be
amp[ from the elevation criteria required an § 12N6? & G abovm if MI other requirements of § 120.6 and all We
followmgraluvonmts use me. Accessory Structures seek
1. be 500 square flet or ban and have a value less they $300(k
2, have mfiniNed intmiom and not be used for human habitation;
3, have bydmulic openngs, as specified at § 120-6142a in at least two diff m walk of the unasury
4, be located outside Ne flaodway;
5. when possible be constructed and pWW on the building site w as to offer the mnlmon resistance m the
flow of Floodwaters and be placed fiulherfinm W mune of flooding Nan is Ne primary matters; and,
6, have only gound hurt interrupt elmnical outlets. Us source service discomem shall be Imatai move
the have flood elevation and when possible outside the Special Flood Herod Arm.
K. Floodways -
1. N Zane AE resume meas, mamchmeny including fit new comarmas substantial improvwed, and
other development shell not be permitted wMm a regulmory Flrodway which is designated on the
coammusitys "Flood Nsuruce Roe Map-, unless a technical evaluation certified by a responded
professional engineer 4 provided demonWming We ucb mcrmaluments will not result in my income as
food levels within the community during the oaunerce ofthe base food diathame.
2. In Zones AE and A name man; for which no regulatory faodway is dmigmated, eraroachmene,
including fill, new construction, substantial impmvonmt and other development shall rid be Featired in
the fxbdway az determined he § 120-6K(3) meas a techniW evaluation cutifiM by a regiatered
pwfessnrm urginea is provided mulamstatng that Ne cumulative efat Mede proposed development,
when combined with all other existing development and anticiparm development
a. will not increase the water surface elevation of Na base food more than one fact as any pond
within Ne community; was,
a is consistent with due«chnical vitas counted in Ankle 5 muted"Hydraulic Amlyses;' flood
Wmance Sandy- Guidelines and Specifications fm Study Contractors, (FEMA 371 hardly I995,
as arum keel).
3. N lune AE and A riverboat areasfar which no regulatory hatchway is designated, the regulatory foodway,
is cormorant to be the cbanmel of the river or other water course and Ne adjacent land areas to a trustee
of me-hafthe width of the fnWplain as measured from Ne rotund high watermark to the upland limit M
thellomplan.
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L. Enclosed Areas Below the Lowest Flom - New construction or subsmatial improvement of my common in Zetas
AE and A But meets the development standards of § 120-6, including the elevation requirements of § 120d,
paragraphs F, G, or H and is elevated on posy columns, plats, pflw,'stdo; • or mawkpaxis may be mclmed below
Be haw AoV elevation mgduemenk provided all Be following criteria we met m exceeded
1. Enclosed mros are nor us denmed m§120-13:
2. Enclosed neem shall be designed B automatically equalis hydrosm is flood forces on merrier walls by
allowing for Be umy and exi(oflload weps. Desigtvs formeeting Bis requite metol must ei@ec
a. be enginamd and certified by a registered professional engineer or architect; no
b. meet or exceed the following minimum crater's:
L. a minimum of two openings having a mut net area of not less than one square inch for
every Name plot of Ne mclosM area;
tet. Be bon m of all openings shall be below Be base flood elevation and no higher Omn one
mm above Be lowest grade; and,
m, opmings may be CNuipped with mans, hooves, valves, or other coverage at devices
provided that they Petah Be entry and exit of aced wNea automatically without my
external influence or control such m brown intervention, including Be use of electrical
and other nonmromatic mechanical mems;
3. Fie enclosed area shall not be used for human habitation; and,
4. The enclosed areas are usable solely for buildmg access, parking of vehicles, or storage.
M. Bridges - New construction or substantial improvement of my a idge in lanes AE and A shall be designed such
Mat:
1. when possible, Me lowest horizontal member(mcludmg Be pilings, or column) is elevated W at least one
foot above Be move flood elevation; and
2. a registered proRuional engineer Mall certify Bet
a. Me structural design and methods of construction shall mea the elevation requvemmb of Bis
-
section and Me flnndway stmdazds of § 120 -MK; and
K Be fouMmion and supemmucNre atlazhed thereto are designed to mist Anchor, collapse and
lateral movement due to Be Amem of wind and water Inds siting simultaneously on all au mon
wmpottenu. Water Imding values used shall be *me associated with Be base flood.
N. ContawnentWalk- New construction or sA mtal improvement ofmy wntlwnent wa111ncneWwiBm:
I. Zoe AE and A shall:
a have the commanent wall elevated to m least me foot above lie base Med elevation;
b. have etrucmral components capable of resisting hydrostatic end hydrodynamic lads and the
eQem of buoyancy; and,
C. be certfled by a registered professimml engineer or architect Bat the design and methods of
construction are in accordance wed accepted standards of practice for meeting the provisions of
Bis vection Such corifficatim Mau be provided with due aMlamim for a Flood Hvard
Development began. w required by § 1203K.
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O. Maness, Pim and Docks - New Constructor or subsuntial improvement of wharves, piers, end dosing w
permitted to Zones AE and A, m and over water me seaward of rise mean high tide if Ne fallowing requirements are
mel:
1. wharves, phare, and daces ffiall comply with all applicable local, slate, and federal regulations; and
2. for recommend torrent, piers, and docks, a registered profsssional engineer shell develop or rewm roe
tnumuml deme, specifications, and plans for the commuction.
§ 120-7. Certificate of morphemes.
No land ir a spemal Flood bound area shall be occupied or used and no incomes which is comnucwd or substantially
improved shall be occupioi until a Cutificme of Compliance is issued by We Cade Boforemmpl Officer subject to Oe
following premiums:
A. For New Construction or protocol Improvement of my elevated ormoure Ne appliemt slut subrot to the Cc&
Enforcement Otfiar, am I leMiom Certificate consumed by a Profenioom Lard Surveys, registered prottemorel
engineer, or architect, for compliame with§ 1206, pamgapM F, G, or H.
B. The apptionst shell submit wrRm natifiwion to the Code Enforcement Oficer tint the developments is complete
ami complies wit the provisions of to Chapter.
C. Within 10 working days, to Code Ebo nt Olficm slrll:
1. review to Elevation Cmficm and rhe applicant's written notification; ant
2, upon determination to rhe development cont wit the provisions of this Chapter, shah! issue a
Certificate of Compliance.
§120-8. Review of subdivided and development proposals.
ne Planning BoeN sh ll, when reviewing subdivisions end oroer poposed development 0et require review coda uta
fedml saw, acme law or Incl ordimnces or conclusions and all Mines on 5 or more cmurbed acres, or in the cue of
manutmmed home parka divided into two m more lob, assure that:
A. All such proposals w consistent whb the need m minimise Flood damage.
B. All public opium and bobbies, such as rower, gas, electoral and water mums me located and concrurowl to
mmwiss or etiminaw Flood tlemages.
C. Adequate Nainage is provided so u to reduce exposure to flood basards.
D. All proposals include base Flood Nominee, mood mundmim, and, in a riverine Boodplaio, tlmdway date. Tl se
concentrations shell be based on "meeting practices recognised by the Federal Emergnry, Mmagemnl Agency,
E. Any proposed twoopmmt plan most include a condition of plan approval requiring that ornaments on my but in to
develapment having my portion of it and within a Specml Flood Heated Area, are to be constructed in mcordame
wit § 1206 ofthis Coupler. Such retirement will be inchool in my deed, loso, p celust a and rule agreement, or
document trmsfmwg or expressing an intent to trmshr my inbest m reel some or Nutture, including but not
limbed to a timeshare buret The cmmust sham clearly outcome that the considerably may mlbrce my
viomtion of the cansmmrion requirement eed that fact shall also be included in to deed or my now dammenr
previously destred. ]he cmttmmior requ"vmnm[ shall also be clearly stated on my map, plus, or plea to be
signed by the Plamling Bond or Incl reviewing maturity at pm of the approval procese.
§120-9 Ammis and variances.
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02x0
His Bored of Appeals of this City of Bangor may, upon women application of an aggrieved Irony, hear and decide appeals
where it is alleged Naz there w an ertor in city order, requirement, decision, or determination made by, or failure to au by,
the Code Enforcement Officer or Planning Board in the administration of the provisions of thus U` apler.
Ibe Band of Almods may great a variance gone the momentums of this Chapter consistent wit state law and We folNwwg"
circus
A. Variances shall not the granted within any designated regulatory tloodway Jany increase in Flood levels during the
beam Flaw discharge would result
B. Varicose shall be goosed only upon:
1. a showing of good end sulicim[came; and,
2, atlemmhmtion that should a flood comparable[o the base flood victor, the gotufng of a varimm will vim
seems in increacand flood Might, additional trams to public safety, public expense, e[e substrates,
cause gaud mvitimvttion ofte public or wniict with existing local laws or codes; and,
3. a showing Wet the wsuanoe of to varmnew will not conflict wit other state, federal or loml laws or
codirector; md,
A. a dewminesion tar failure to proof the vantuce would result is "undue burdship,' which m this mb-
section meow:
a, tan to land m question Cannot yield a reasonable cement unless a variance is gmered;and,
b, that the need fir a variance is due m to unique cirmmsmraces of the property and not to the
general conditions in to neighborhood; and,
C. flat the spectrum of a cargo"will not alter to essewsl character of the locality; and,
d. that to bmdship is not We result ofactim pkm by the applicant or a prior owner.
C. Ventura shall only M issued upon a dek[minetion thin the varionce is to minimum nownuary, considering the
Flwtl hazard, to afford relief, and the Board of Appeals may impou such conditions to a variance as if deems
netamry.
D. Variances may be issued for new construction, substantial improvements, or other development fm to conduct of
functionally dependent use provided] that:
1. other criteria mf§120.9and §12"K we me, and,
2. the structure or other dewlopmm[ is pronated by methods that commerce flood damages during the batt
flood and create no additional thresw m public safety.
E. Vainness may be issmd for We repro, rcwmtruction, commitments, m res[mtions of Hishow SEucnum upon to
dem[minMon tat
1. the development meets to criteria of§ 120.9, pmagaphs A through D above; end,
2, the proposed repair, reGnnslsrmlion,rehabilitation, or reswration will not preclude the saucnue's contimuN
resignation as a Historic Structure and the vmmw is me mmimnm mtaus, to preserve We income
drummer end design of the structure.
F. Any applicant who screw to tMra of§120-9, paragraphs A through E shell be insisted by the Bored ofAppeas
in writing over to submarine of the Chairmen of the Bored of Appeals nal
I. to Bsumce of a venture W construct a stature below the base Flood level will caul[ in greatly incremed
premium some for Flead insurance up to amounts as high is $25 per 5100 of borrowers coverage;
11'
2. such mnshuctian bdem,me have flood level mcreeses risks to tete and property; and,
3. Oe applicant a®as on wrifing that One applicant is fully aware of all Ne risks inherent in Ne use of land
subject to flootlrg, someone Nae risks and agrees to rdenmify and defend We municipality soared any
chums filed agunst it Wm are relatN W the applicants decision to use land located an a flwdphan and dant
the appliwrt rdiva llY resumm Out miumpuiN fiom any claims the applicant may have agawt Me
mu icipality N&am remed] b me use of hand located are a floodplain.
Q Appeal Procedure for Administrative and Ventures Appals
1. Aa admiuieVative Or vmance appeal may be taken to We Board of Appeals by an aggrieved parry within
Nitry days afar receipt of a Osman decision of me Code Improvement Officer or Planning Board.
2. Upon berg notified of an appeal, We Code Enforcement Officer Or Pruning Bwd, as appropriate, shall
nanamit to the Beard of Appeals all of &a papers constituting the record office decision appealed Ginn.
3. The Board ofAppeus anal) hold a public Fearing on the appeal within Witty -five days of its receipt of an
appeal re West
4. The pereon filing the appeal shall have the burden dimsef.
5. no Board of Appear shell decide a)) appals within mmy-five dap after the close of the hearing, and
shall issue a wrilmn decision on all appeals.
6. no Board of Appeals shall submit m Ne Code Bmfnmement Oflmu a recon Of all variance Moos,
including justification for the granting of the variants and an aumorvation for the Code BnPorcement
Officer issue a FIOM Haverd Beve)upmmt Pm k which includes any cmdWmu W be apached to said
pumit
'I. Any aMieved patty calm pro icipetetl on a putt' doing the proceedings before the Bard of Appeals may
appeal a decision of the of Ne Bond in accordance with Rule BOB Of me Mare Rules of Civil Praemire.
§120-10. Bofarccmmt end peneltip,
A. It shall be me duty ofme Code Contractor OfficerW enforce Na provuimm ofddis Chapter p ossuae to Title 30-A
MRSA § 4452,
B. The penalties contained r TWO 30-A MRSA¢4452 shall apply bony viclemn ormas Chapter.
C. In addltion to any other mount, Ne Cntle enforcement OfGar, upon detemrfimlion that a violation existt, shad
submit a declensions b the Admw Wr of the Frdiu Insurance Administration requiting a denial of flood
insurance. The valid declaration shall coastal of,
I. me name of Ne propefry owner and address or lege description of Ne property sufficient as confirm its
identity or laatiw;
2, a clear and accouiv cal declaration Wm the property is m common of a cited Stace or local law, regulation,
or ordiname;
3. a clear statement Net Ne public body making the declaration hes authority to do so and a rind min w dal
adNot6Y;
4. evidence Net Ne property owner has been provided notice of We violamm and to prospective denial of
msmtucq and,
5. a clear treatment Wet the declaromm is being submitted covered to Siston 1316 of We Nmiorml Fred
Insurance Act of 1969, as mora .
§120-11. Validity and sevembilitf
10
03-40
If any section wpmvirion of Wis Chaper is dclered by We courts to be invalid, such decision shell not invalidate any tuber
tttion w provuiun aI Ibis Chapter.
§120-12. Conflict wild oWm cheprem
This Chapter shell nm many way impe'nrremove the necessity of Compliance, wild any other applicable rule, adman
tegnlwion, bylaw, front, or provision of lawWeha this Chapter imposes a gremer restriction upon We use of did,
buildings, or atruclures, We provisions of this Chapter shall control.
§ 12013. Defrritions
Unless specifically dented below, words and pleases used n Wis Clasper shall have We same meaning m they have a
cormom law and give Who Chapter its move reasonable applical worse caved in We present tense include We dome, We
singular number includes We plumb and me plural number nclu&s We singular. The word "may" is permissive; "shin" is
mandatory and nIXdiscretimmy.
Ammmry Somme- mew a small detmhed souctus, Wed ls incidmal andsubordituce 0 the principal ao-ucoue.
Adjacent Cade - moa We natural elevation of We ground safxe prior W mWoctipn next to the proposed walls of a
euacmw.
Area of Special Flood Hazard -mars We land in We Floodplain having a one percent or greater chance of flooding or any
given year, as specifically identified in We Flood bourmrce SNdy cited in § 120-1 ofthis Chapter.
Base FIwW -means We mond having a one percent shines of being wpmled or exceeded in my given yew, rommody called
We 100 -yam fund,
Baement - means my man of We building having its Flow subgade (below gam l level) an all sides
Bunding-see Someone.
Certificate of Compliance - A document signed by We GMe EnI mat ORcer stating War a sticture is m compliance
war all of We provisions of Wu Chapter.
fess Enforcement Officer -my person or breed responsible for postponing We inspection, licrosin& and mfotcwmt dudes
required by a particolm dame or ordiomce.
Developmermt - means any change raured by individuate or entities to improved m unimproved reel marm, Including bus car
Waited m We minehiction of buildings or other annua e; the conatruation of addition or substantial improvements an
buildings or other soochrim; minin& duan filling, grading, paving, reservation, drilling opmtions or storage of
equipment to materials; and We stamps, deposidmn, or eahautim of marerlals, public or private sewage disposal systems or
wear supply facilities.
Elevaud Building - mems anon-basmnent building
A. buk Is the ease of a budding or Zona AE or A, w have the cap of We elevuted fluor elevated above We ground
must by means of pi Had, columns, pmq prat, or "ads; -1 and
B. adequately anchored so as not To impair We Armand magriry, of We building dung a flood of up to me four
above We megnWr as ofine base Floud.
In We mace of Zones AE or A, Elevated Building also includes a building elevared by mems of 011 or mGd foundation
perimeter wags with hydraulic op ring' sufficient to toroidal We unimpeded Waterman: of flood comers, in required an g
1206L.
Elevation CeniReme-An uPociA form (FEMA Fom S1-31, 0899, as amended) War
oz -so
A. is used to verify rectilinear with the floodplain management regulations of the National Flood lnsumnce Program;
anN
IF is required for purchasing flood insurance.
Flwtlm Flooding -mora.
A. A formal and temporary conNtion of partial or complete inundation of unusually dry lad mass From:
1. no overflow of lateral Or tidal comers.
2. The enamel and tepid accumulation or nut ofsmte wecen faro any source
B. The collapse or subsidece of lard along Ne shore of a lake or other body of water as a result of erosion o
underm ning caused by waround of water exceeding anticipated cyclical levels or suddenly caused by an
uninually high water level in antuml Wdy of water accompanied bye severe stem, or by an uwntbilcehd(
of nature, such as flash flood or an abnormal tidal surge, or by some aim lardy unusual and unforeseeable event
which results in flwNing an defined in pamgmph al. ofthis definition.
Flood Elevation Study - means an combustion, evaluation and determination of flood bawds and, if appropriae,
wrespondmg wader surlbceelevations.
Flood Insurance For, Map (FIRM) - m an official map of a < unity, o which Ne Forkedw huuranAdminianmt r
has delineated both the special lewd areas and the risk location acnes applicable to the commwiry.
Flood Insurance Study - see FIwM Elevation Study.
Floodplay. err Flood -prone Area - means any Ind area susceptible to being Wondered by water firm any source face
flooding).
Floodplain Management - means the operation of an overall program of wrective and preventive measures for reducing
flood damage, including but nm Bmited to emergency prepmJnea plans, flood conucl wails, and floodplain management
regulmons.
Floodplain Managonent Regulations - means ening ordinances, subdivision regulations, building mss, health regulmi
special purpose ordinances (Out as a floodplain ordinance, Voting existence, and moman control ordinance) and other
applications of police power. The tend da Tv such since Or local regulati in any combination thereof, which provide
standards for the purpose of flwW damage prevention and reduction.
Floodproofrag - means any combination of stucnral and non-structural addition, changes, or adjustment to enucmres
which reduce or eliminate hood damage to ml estate or improved real property, water and smiary tilities, structure; and
contend.
Floodway- ser Regulatory Floodway.
Floodway Encroachment Fees -mean the lines marking the lurid offloodways on fldecl, sate, and local floodplain mops
Freeboard - means a fetor of safety usually centered in feet above a flood level for puryoaa of floodplain managmnent.
Freeboard Weds to comperuace for the many umknoum factors, such as wave mrion, bridge openings, and the hydrological
eRxt of urbanization of the watershed, chat could contribute an food heights greeto Nen Ne height calculated for a eelecad
she flood and flnadway conditions.
Functionally Dependent Use- means a use which mem perform its rounded purpose micas it is located or cariM out in
close paumhy On, comer. The wmr includes only docking facilities, gait t ilitiu that are morsmry, for the loading and
unlous ing of cargo or passengers, and ship building and ship repro tdities, but does not include long -tens Aomge or
redkd manufacturing facilities
Historic Swmme - means any structure thin is:
12
A. Limed[ individually ill the National Register ofHismriw Pieces (a liaung maintained] by the Departirmt ofInterim) or
pelimiwJy detenmiod by Ne Smeary, of dw Interior as melting Ne requirements fm mdbodual luting on the
Natural Register,
B. Certified m preliminarily dmermSd by &a Secretary of the Interior as contributing to the hlsmriosl significance of
a registered historic district or a district prematurity determined by the Savetary of the Interim to qualify as a
registered historic district,
C. Individually Iutom an a state inventory of historic places in smtrs with humric preservation programs which bye
beer approved by the Secunary of the Interim; or
D. Individually luted on a local invmmry of historic places in mmawhies with historic preservation programs the
have been certified either:
I. By an approved saw program ae deWmmed by the Secretary ofthe Interior or
2. Directly by the Secretary, ofthe lnaerior S starts without mpovd progams.
Locally Esablished Daum - means, fm proposes of this Chapter, an elevation esmbliahed for a specific she to which all
other elevatimu 9 m site are reltrenced. This elevation is Sacredly not wRfencetl to the National Gradetk Viewed Duutn
(NGVD) or any other eamblishd datum and is used in crew where Mem can Ural data is we far From a speadie site to On
practically used.
Igwret Floor- means Ne lowest floor of me lowest mclnwd area (including buemenD. An mMishe l or Flail re
enclosure, usable solely fm parking of vericles, building awards or storage in an urea other then a basement area snot
mvidmd a building's lowest Mm', provided that such emlmure is nm built w an Or render the strucNw in violation of me
applicable nm -elevation design requimnema dettuibed m § 120.61. of this Chaplu.
Manufactured] Home - means a consume, transposable Sone or more smtims, which is bulk on a pmnment charas and is
designed for use with no without a prommwm foundaGm when connected in the required utilities. Fm flmdplan
management proposes the now mmufacuned home also Suburban park trailers, larval traders, and other similar vehiclee
pled on ashe for increase man Igo consecutive mays.
Mmufacarcd Home Pad or Subdivision - means a peacal (or contiguous parcels) of land divided into two or more
maoufmtured Fmne Ims fm rent or Bela.
Mean gm Level - mans, for proposes of the Natimal Flood Insurance Poolroom, me National GenMb Vertical Dmm
(NGVD) of 1929, or other datum, m which base flnd elevations shown on a community's Flood] Insurance Rate map me
refamced.
Minor Development - mems all development Gert is not new construction m a minnows] improvement, such w repaim
maintenance renovations, or addioons, whose value is less then SM of the maker value of Me structure. It alae Saluda,
but is no limited to: necessary, surfaces as provided for in § 12061, minting dredging, filling, funding, paving, exametien,
drilling operators, emerge of equipment Or meretials, deFasitiw or extraction ofmaearts1% public m private sewage disposal
systems m waar supply fazilitits that do not involve mucMer; and nmrstrumrel pmjeW auth®r w unclear, dens, vowas,
frecS& pipelines, wharves, and plies
Nations] Geodetic Vwtieal Damm (NGVD) -mime the national vertical datum, whose armdmd was established an 1929,
which u used by the National Flood hmumnce Program (NFIP). MGVD was bawd] upon mem vee level S 1929 and also hw
been called "1929 Mem Sea Level (MSL)".
New Construction - means structures for which the "sten of mrulaumien" commenced on or afim the thanes dew of rhe
initial Floodplain announcement wgulatiors adopted] by a community and includes my subsequent improvernena to such
ehucnrw.
100 -year flood - see Base Floor.
Retractions] Vehicle - means a vehicle which is.
A. buihonasuglechmsis:
02-
& 000 square fen or less whin measured at live Ingest horizontal projection, nth maturing slmeours
C. designed to be self- propelled or pamamnny towable by a mater vehicle;and
D. desi®ed primarily net For use as apemonmt dwelling but on tempoary living qualms for reamti el, camping,
travel, tar ammn d me.
Regulatory Flaadway-
A. nocarts the chamel of a river Or ofaer water course and the comment land nen that mutt m reserved m onda he
discharge the lose food without cumulatively amusing the water student elevation more then one fool, and
B. when no designated on Ne commonly's Flown balance Rene Map, it 0 correlated to he the channel of a ova or
Other we= course mW the adjacent hard Oren to a diRutce of one-half the witlro of the floodplaid as mmsmed
from the cannot high water mnkm the upland limit of the floodplain.
Meadow - news reining to, banned by, or renmbling a riverhiicluding insurance), steam, brook, ac.
Special Flood Hazard Area -tee Area of Special Flood Main.
Senn of Comuunim - urns the time the building permit was fseged provided the actual start of construction, repatr,
re auguration, rehabilipdnn, etlditwn, placement, substantial improvement or other improvement won within 180 days of
the grand tlme. The actual atm( means either the first placement of pernment construction of a stracmre on a site, much as
the Forcing of slab Or footings, the installation or pilin, the construction of Warsaw, many wank beyond the arms of
ovation; or the Placement of a manubnNred hour a fnurendru Purmann does dnot include hand
generation, Ouch as electoralgaining;end filling; mer donsitMade the installation of strMs and/or wahways; net does it
include movalian for basement, Reform, pins, or foundations or the almost Of temporary t or does it include the
insufflation on the progeny of accessary build gq such as garages or shads not o expied as dwelling arm or not pan of the
main strucome. For a suMantaliropro rat, tie scroll assn of construction means the fast alteration of any wall, cefing,
Fear, m other strongest part of building, Or modification of any amounted element, whether m no thin abortion aliens
the sternal dimmenons of the building.
Someone - means, for fbndplain management purposes, a walled and molal building. A gon or liquid storage sok fast is
principally above Freund is am, a& chore,
Salomon] Damage -means. damage of my origin sustained by a mucmre whereby the cwt of rearming the alarms m its
before damage condition would equal or exceed 50 percent of the meeker reduce of the structure before d dmnage OccurtM.
Substantial Ltprovemrnt-mom my reconswctio,rembilieam,addition, or other improvement of a amount the con of
which equals Or ecands 50 pound of that main value of the structure before the wart of continental of the improvement.
]ha term muludes Amounts which have incurred substantial damage, legaldlems of the actual repair work performed The
term time nor, however, include either,
A. Any projM no impru em of a Mrcgm<m correct existing notorious ofadce or local health, whinny, or sarery
code specifications which have been aantified by the Rent ark eoforcemeu official and which are the mmwmn
necessary to assure we living ronditiom; or
B. Any alteration of a Hislmic Structure, provided that the situation will nm preurde the earnings common
designation as ahistoric sanctions, and a venture is obtained Gorr roe commwhry's BaaN of Appeals.
Vmince-mean agrant of relief by a community Gorr the notes oral dentinal regulation.
Violation -means the fahlme of a strucare m development o complymu
with a comoiry's floodplain mmmgement
regulations.
4120-10. Abrogation.
Tsm(]iepter muscle and centime mym un icipal oedinence previously owned to comply with Oe Nmimal Flon becomes
An of 1968 (Pe L. 90488, as amended),
IN CITY COUNCIL
November 26, 2001
First Reading
Referred to Infrastructure S
Development Support Connittee
CI
IN CITY COUNCIL
December 26, 2001
Notion Nade and Seconded
for Passage
vote: 9 yea
Councilors voting yes: Allen,
Raldecei, Crowley, Parnbsm,
Farrington, Realley, Palmer,
Rolman S Tremble
Passed�
CL
a2-60
O RDIRRNCR
Title, Adapting New Chapter 120, Floodplain
Ramagement
n�
Assigned to
p4AAW Councilor