[HISTORY: Adopted by the Town of Wells 11-5-2002.
Amendments noted where applicable.]
A.
Certain areas of the Town of Wells, 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.
B.
Therefore, the Town of Wells, 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 chapter.
C.
It is the intent of the Town of Wells, 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.
D.
The Town of Wells has the legal authority to adopt
land use and control measures to reduce future flood losses pursuant
to Title 30-A M.R.S.A., Sections 3001 through 3007, 4352 and 4401
through 4407.
E.
The National Flood Insurance Program, established
in the aforesaid Act, provides that areas of the Town of Wells 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 chapter establishes a flood hazard development
permit system and review procedure for development activities in the
designated flood hazard areas of the Town of Wells, Maine.
F.
The areas of special flood hazard, Zones A, AE, AO,
and/or VE, are identified by the Federal Emergency Management Agency
in a report entitled "Flood Insurance Study - Town of Wells, Maine,
York County," dated January 16, 2003 with accompanying Flood Insurance
Rate Map, dated January 16, 2003, which are hereby adopted by reference
and declared to be a part of this chapter.
Before any construction or other development (as defined in § 116-14), including the placement of manufactured homes, begins within any areas of special flood hazard established in § 116-1, 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 Town of Wells, Maine.
The application for a flood hazard development
permit shall be submitted to the Code Enforcement Officer and shall
include:
A.
The name, address and phone number of the applicant,
owner, and contractor;
B.
An address and a map indicating the location of the
construction site;
C.
A site plan showing location of existing and/or proposed
development, including but not limited to structures, sewage disposal
facilities, water supply facilities, areas to be cut and filled, and
lot dimensions;
D.
A statement of the intended use of the structure and/or
development;
E.
A statement of the cost of the development including
all materials and labor;
F.
A statement as to the type of sewage system proposed;
H.
The elevation in relation to the National Geodetic
Vertical Datum (NGVD), or to a locally established datum in Zone A
only, of the:
(1)
Base flood at the proposed site of all new or substantially
improved structures, which is determined:
(a)
In Zones AE, AO, and VE from data contained in the Flood Insurance Study - Town of Wells, Maine, as described in § 116-1; or,
(b)
In Zone A:
[2]
From the contour elevation extrapolated from
a best fit analysis of the floodplain boundary when overlaid onto
a USGS Quadrangle Map or other topographic map prepared by a professional
land surveyor or registered professional engineer, if the floodplain
boundary has a significant correlation to the elevation contour line(s);
or, in the absence of all other data;
[3]
To be the elevation of the ground at the intersection
of the floodplain boundary and a line perpendicular to the shoreline
which passes along the ground through the site of the proposed building.
(2)
Highest and lowest grades at the site adjacent to
the walls of the proposed building;
(3)
Lowest floor, including basement, and whether or not
such structures contain a basement; and,
(4)
Level, in the case of nonresidential structures only,
to which the structure will be floodproofed;
I.
A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in § 116-6;
J.
A written certification by a professional land surveyor,
registered professional engineer or architect, that the base flood
elevation and grade elevations shown on the application are accurate;
K.
The following certifications as required in § 116-6 by a registered professional engineer or architect:
(3)
A hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of § 116-6L(2)(a);
L.
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development;
and,
A.
A nonrefundable application fee as established by
the Board of Selectmen following notice and a hearing shall be paid
to the Code Enforcement Officer and a copy of a receipt for the same
shall accompany the application. Application fees established as of
the date of enactment of this chapter shall remain in effect unless
changed by the Board of Selectmen.
B.
An additional fee may be charged if the Code Enforcement
Officer and/or Zoning 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 chapter 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 Zoning Board of Appeals.
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 § 116-6, Development standards, have been, or will be met;
B.
Utilize, in the review of all flood hazard development
permit applications:
(1)
The base flood data contained in the Flood Insurance Study - Town of Wells, Maine, as described in § 116-1;
(2)
In special flood hazard areas where base flood elevation 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 § 116-3H(1)(b), § 116-6K, and § 116-9D, in order to administer § 116-6 of this chapter; and,
(3)
When the community establishes a base flood elevation in a Zone A by methods outlined in § 116-3H(1)(b), the community shall submit that data to the Maine Floodplain Management Program in the State Planning Office.
C.
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in § 116-1 of this chapter;
D.
In the review of flood hazard development permit applications,
determine that all necessary permits have been obtained from those
federal, state, and local government agencies from which prior approval
is required by federal or state law, including but not limited to
Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. § 1344;
E.
Notify adjacent municipalities, the Department of
Environmental Protection, and the Maine Floodplain Management Program
in the State Planning Office prior to any alteration or relocation
of a watercourse and submit copies of such notifications to the Federal
Emergency Management Agency;
F.
If the application satisfies the requirements of this
chapter, 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 a second elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction, as built, for verifying compliance with the elevation requirements of § 116-6F, G, H, or P. Following review of the Elevation Certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
(2)
A flood hazard development permit for floodproofing of nonresidential structures that are new construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of § 116-6G(1)(a), (b), and (c). The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or
(3)
A flood hazard development permit for minor development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to accessory structures as provided for in § 116-6J, 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 nonstructural 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 Zoning Board of Appeals on variances granted under the provisions of § 116-10 of this chapter, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of §§ 116-3, 116-6, and 116-8 of this chapter.
All developments in areas of special flood hazard
shall meet the following applicable standards:
A.
All development. All development shall:
(1)
Be designed or modified and adequately anchored to
prevent flotation (excluding piers and docks), collapse or lateral
movement of the development resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(2)
Use construction materials that are resistant to flood
damage;
(3)
Use construction methods and practices that will minimize
flood damage; and,
(4)
Use electrical, heating, ventilation, plumbing, and
air-conditioning equipment, and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during flooding conditions.
B.
Water supply. All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
floodwaters 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 floodwaters into the system and discharges from the
system into floodwaters.
D.
On-site waste disposal systems. On-site waste disposal
systems shall be located and constructed to avoid impairment to them
or contamination from them during floods.
E.
Watercourse carrying capacity. All development associated
with altered or relocated portions of a watercourse shall be constructed
and maintained in such a manner that no reduction occurs in the flood
carrying capacity of the watercourse.
F.
Residential. New construction or substantial improvement
of any residential structure located within:
(1)
Zone AE shall have the lowest floor (including basement)
elevated to at least one foot above the base flood elevation.
(2)
Zone AO shall have adequate drainage paths around
structures on slopes to guide floodwater away from the proposed structures.
(4)
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to §§ 116-3H(1)(b), 116-5B, or 116-9D.
G.
Nonresidential. New construction or substantial improvement
of any nonresidential 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 § 116-3K, and shall include a record of the elevation above mean sea level to which the structure is floodproofed.
(2)
Zone AO shall have adequate drainage paths around
structures on slopes to guide floodwater away from the proposed structures.
(3)
(4)
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to §§ 116-3H(1)(b), 116-5B, or 116-9D, or together with attendant utility and sanitary facilities meet the floodproofing standards of § 116-6G(1).
H.
Manufactured homes. New or substantially improved
manufactured homes located within:
(1)
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.
[1]
Methods of anchoring may include, but are not
limited to:
[a]
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
[b]
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).
[2]
All components of the anchoring system described
in § 116-6H(1)(c)[1][a] and [b] shall be capable of carrying
a force of 4,800 pounds.
(2)
Zone AO shall have adequate drainage paths around
structures on slopes to guide floodwater away from the proposed structures.
(3)
Zone AO shall have the lowest floor (including basement)
of the manufactured home elevated above the highest adjacent grade:
(a)
At least one foot higher than the depth specified
in feet on the community's Flood Insurance Rate Map; or
(b)
At least three feet if no depth number is specified;
and
(c)
Meet the anchoring requirements of § 116-6H(1)(c).
(4)
Zone A shall:
(a)
Be elevated on a permanent foundation, as described in § 116-6H(1)(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 §§ 116-3H(1)(b), 116-5B, or 116-9D; and
(b)
Meet the anchoring requirements of § 116-6H(1)(c).
I.
Recreational vehicles. Recreational vehicles located
within:
(1)
Zone AE shall either:
(a)
Be on the site for fewer than 180 consecutive
days;
(b)
Be fully licensed and ready for highway use.
A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached
additions; or
J.
Accessory structures. Accessory structures, as defined in § 116-14, located within Zone AE, AO, and A, shall be exempt from the elevation criteria required in § 116-6F and G above, if all other requirements of § 116-6 and all the following requirements are met. Accessory structures shall:
(1)
Be 500 square feet or less and have a value of less
than $3,000;
(2)
Have unfinished interiors and not be used for human
habitation;
(3)
Have hydraulic openings, as specified in § 116-6L(2), in at least two different walls of the accessory structure;
(4)
Be located outside the floodway;
(5)
When possible, be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters
and be placed further from the source of flooding than is the primary
structure; and
(6)
Have only ground fault interrupt electrical outlets.
The electric service disconnect shall be located above the base flood
elevation and, when possible, outside the special flood hazard area.
K.
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 Zone AE and A 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 § 116-6K(3), 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
(3)
In Zones AE and A riverine areas for which no regulatory
floodway is designated, the regulatory floodway is determined to be
the channel of the river or other watercourse 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.
L.
Enclosed areas below the lowest floor. New construction or substantial improvement of any structure in Zones AE, AO, and A that meets the development standards of § 116-6, including the elevation requirements of § 116-6, F, G, or H and is elevated on posts, columns, piers, piles, stilts, or crawl spaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:
(2)
Enclosed areas shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwater. 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 floodwaters automatically without any external influence
or control, such as human intervention, including the use of electrical
and other nonautomatic 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.
M.
Bridges. New construction or substantial improvement
of any bridge in Zones AE, AO, A, and VE 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 § 116-6K; 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.
N.
Containment walls. New construction or substantial
improvement of any containment wall located within:
(1)
Zones AE, A, and VE shall:
(a)
Have the containment wall elevated to at least
one foot above the base flood elevation;
(b)
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by § 116-3K.
(2)
Zone AO shall have adequate drainage paths around
containment walls on slopes to guide floodwater away from the proposed
walls.
(3)
Zone AO shall have the top of the containment wall
elevated above the highest adjacent grade:
(a)
At least one foot higher than the depth specified
in feet on the community's Flood Insurance Rate Map; or
(b)
At least three feet if no depth number is specified;
and
(c)
Shall meet the requirements of § 116-6N(1)(b) and (c).
O.
Wharves, piers and docks. New construction or substantial
improvement of wharves, piers, and docks are permitted in Zones AE,
AO, A, and VE, in and over water and seaward of the mean high tide
if the following requirements are met:
P.
Coastal floodplains.
(1)
All new construction located within Zones AE, A, and
VE shall be located landward of the reach of mean high tide.
(2)
New construction or substantial improvement of any
structure located within Zone VE shall:
(a)
Be elevated on posts or columns such that:
[1]
The bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) is elevated
to one foot above the base flood elevation;
[2]
The pile or column foundation and the elevated
portion of the structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components; and
[3]
Water loading values used shall be those associated
with the base flood. Wind loading values used shall be those required
by applicable state and local building standards.
(b)
Have the space below the lowest floor:
[1]
Free of obstructions; or
[2]
Constructed with open wood lattice-work, or
insect screening intended to collapse under wind and water without
causing collapse, displacement, or other structural damage to the
elevated portion of the building or supporting piles or columns; or
[3]
Constructed with nonsupporting breakaway walls
which have a design safe loading resistance of not less than 10 nor
more than 20 pounds per square foot.
(3)
The use of fill for structural support in Zone VE
is prohibited.
(4)
Human alteration of sand dunes within Zone VE is prohibited
unless it can be demonstrated that such alterations will not increase
potential flood damage.
(5)
The enclosed areas may be used solely for parking
vehicles, building access, and storage.
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:
B.
The applicant shall submit written notification to
the Code Enforcement Officer that the development is complete and
complies with the provisions of this chapter.
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 five or more disturbed acres, or in the case of manufactured home
parks divided into two or more sites or 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.
E.
Any proposed development plan must include a condition of plan approval requiring that structures on any site or lot in the development having any portion of its land within a special flood hazard area, are to be constructed in accordance with § 116-6 of this chapter. 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.
A.
The Zoning Board of Appeals of the Town of Wells 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 chapter.
B.
The Zoning Board of Appeals may grant a variance from
the requirements of this chapter consistent with state law and the
following criteria:
(1)
Variances shall not be granted within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(2)
Variances shall be granted only upon:
(a)
A showing of good and sufficient cause; and
(b)
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
(c)
A showing that the issuance of the variance
will not conflict with other state, federal or local laws or ordinances;
and
(d)
A determination that failure to grant the variance
would result in undue hardship, which in this subsection means:
[1]
That the land in question cannot yield a reasonable
return unless a variance is granted; and
[2]
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
[3]
That the granting of a variance will not alter
the essential character of the locality; and
[4]
That the hardship is not the result of action
taken by the applicant or a prior owner.
(3)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief, and the Zoning Board of Appeals may impose
such conditions to a variance as it deems necessary.
(4)
Variances may be issued for new construction, substantial
improvements, or other development for the conduct of a functionally
dependent use, provided that:
(5)
Variances may be issued for the repair, reconstruction,
rehabilitation, or restoration of historic structures upon the determination
that:
(a)
The development meets the criteria of § 116-10B(1) through (4) above; and
(b)
The proposed repair, reconstruction, rehabilitation,
or restoration will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(6)
Any applicant who meets the criteria of § 116-10B(1) through (5) shall be notified by the Zoning Board of Appeals in writing over the signature of the Chairman of the Zoning Board of Appeals that:
(a)
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;
(b)
Such construction below the base flood level
increases risks to life and property; and
(c)
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.
(7)
Appeal procedure for administrative and variance appeals.
(a)
An administrative or variance appeal may be
taken to the Zoning Board of Appeals by an aggrieved party within
thirty days after receipt of a written decision of the Code Enforcement
Officer or Planning Board.
(b)
Upon being notified of an appeal, the Code Enforcement
Officer or Planning Board, as appropriate, shall transmit to the Zoning
Board of Appeals all of the papers constituting the record of the
decision appealed from.
(c)
The Zoning Board of Appeals shall hold a public
hearing on the appeal within thirty-five days of its receipt of an
appeal request.
(d)
The person filing the appeal shall have the
burden of proof.
(e)
The Zoning Board of Appeals shall decide all
appeals within 35 days after the close of the hearing, and shall issue
a written decision on all appeals.
(f)
The Zoning 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.
(g)
Any aggrieved party who participated as a party
during the proceedings before the Zoning Board of Appeals may take
an appeal to Superior Court in accordance with state laws within 45
days from the date of any decision of the Zoning Board of Appeals.
A.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter pursuant to Title 30-A M.R.S.A.
§ 4452.
B.
The penalties contained in Title 30-A M.R.S.A. § 4452
shall apply to any violation of this chapter.
C.
In addition to any other actions, the Code Enforcement
Officer, upon determination that a violation exists, shall submit
a declaration to the Administrator of the Federal Insurance Administration
requesting a denial of flood insurance. The valid declaration shall
consist of:
(1)
The name of the property owner and address or legal
description of the property sufficient to confirm its identity or
location;
(2)
A clear and unequivocal declaration that the property
is in violation of a cited state or local law, regulation, or ordinance;
(3)
A clear statement that the public body making the
declaration has authority to do so and a citation to that authority;
(4)
Evidence that the property owner has been provided
notice of the violation and the prospective denial of insurance; and
(5)
A clear statement that the declaration is being submitted
pursuant to Section 1316 of the National Flood Insurance Act of 1968,
as amended.
If any section or provision of this chapter
is declared by the courts to be invalid, such decision shall not invalidate
any other section or provision of this chapter.
This chapter 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
chapter imposes a greater restriction upon the use of land, buildings,
or structures, the provisions of this chapter shall control.
A.
Unless specifically defined below, words and phrases
used in this chapter shall have the same meanings as they have at
common law and to give this chapter 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.
B.
ACCESSORY STRUCTURE
ADJACENT GRADE
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT OFFICER
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
ELEVATION CERTIFICATE
FLOOD OR FLOODING
(1)
(2)
(3)
(4)
FLOOD ELEVATION STUDY
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPLAIN MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FLOODWAY ENCROACHMENT LINES
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCALLY ESTABLISHED DATUM
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MINOR DEVELOPMENT
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
(1)
(2)
RIVERINE
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall
have the meanings indicated:
A small detached structure that is incidental and subordinate
to the principal structure.
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
A designated AO Zone on a community's Flood Insurance Rate
Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
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 § 116-1 of this chapter.
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the "one-hundred-year
flood."
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
See "structure."
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
chapter.
Any person or board appointed by the Town of Wells to administer
and enforce this chapter and other local ordinances.
Any change caused by individuals or entities to improved
or unimproved real estate, including but not limited to the construction
of buildings or other structures; the construction of additions or
substantial improvements to buildings or other structures; mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials; and the storage, deposition,
or extraction of materials, public or private sewage disposal systems
or water supply facilities.
A nonbasement building:
Built, in the case of a building in Zones AE,
A, or AO, to have the top of the elevated floor, or in the case of
a building in Zone VE, to have the bottom of the lowest horizontal
structural member of the elevated floor, elevated above the ground
level by means of pilings, columns, post, piers, or stilts; and
Adequately anchored so as not to impair the
structural integrity of the building during a flood of up to one foot
above the magnitude of the base flood.
In the case of Zones AE, A, or AO, "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 floodwaters, as required in § 116-6L. In the case of Zone VE, "elevated building" also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of § 116-6P(2)(b)[3].
An official form (FEMA Form 81-31, 0 7/00, as amended)
that:
A general and temporary condition of partial
or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff
of surface waters from any source.
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 Subsection (1)(a) of this definition.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
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.
See "flood elevation study."
Any land area susceptible to being inundated by water from
any source. (See "flooding.")
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.
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.
Any combination of structural and nonstructural 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.
See "regulatory floodway."
The lines marking the limits of floodways on federal, state,
and local floodplain maps.
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.
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.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
For purposes of this chapter, an elevation established for
a specific site to which all other elevations at the site are referenced.
This elevation is generally not referenced to the National Geodetic
Vertical Datum (NGVD) or any other established datum and is used in
areas where mean sea level data is too far from a specific site to
be practically used.
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 nonelevation design requirements described in § 116-6L of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home sites or lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate map are referenced.
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 § 116-6J, 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 nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.
The national geodetic vertical datum, whose standard was
established in 1929, which is used by the National Flood Insurance
Program (NFIP). NGVD was based upon mean sea level in 1929 and also
has been called "1929 Mean Sea Level (MSL)."
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.
See "base flood."
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection, not including slideouts;
Designed to be self-propelled or permanently
towable by a motor vehicle; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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 one foot; and
When not designated on the community's Flood
Insurance Rate Map or Flood Boundary and Floodway Map, it is considered
to be the channel of a river or other watercourse 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.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See "area of special flood hazard."
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.
For floodplain management purposes, a walled and roofed building.
A gas or liquid storage tank that is principally above ground is also
a structure.
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% of the market value of the structure before the
damage occurred.
Any singular or successive repairs, reconstructions, rehabilitations,
additions, or other improvements of a structure, the cumulative cost
(value) of which equals or exceeds 50% of the market value of the
structure before the start of construction of the first improvement
project following the effective date of April 19, 1997. In determining
whether a development project constitutes a substantial improvement,
the total cost (value) of all repairs, reconstructions, additions
or other improvements shall be accrued over a period of 10 years from
the time of the first permit application following the effective date
of April 19, 1997. This term "substantial improvement" includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
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
Any alteration of an 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 Zoning
Board of Appeals.
A grant of relief by a community from the terms of a floodplain
management regulation.
The failure of a structure or development to comply with
a community's floodplain management regulations.
This chapter repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended), and specifically repeals Chapter 115 Floodplain Management of the Code of the Town of Wells, Maine.
