Before any construction or other development (as defined in §
106-14), including the placement of manufactured homes, begins within any areas of special flood hazard established in §
106-1, a flood hazard development permit shall be obtained from the Code Enforcement Officer except as provided in §
106-7. This permit shall be in addition to any other permits, which may be required pursuant to the codes and ordinances of the City of Saco, 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.
G. Specification of dimensions of the proposed structure
and/or development.
|
[NOTE: Subsections H through K(3) apply only to new construction and substantial improvements.]
|
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 A1-30, AE, AO, V1-30 and VE from data contained in the Flood Insurance Study - City of Saco, Maine, as described in §
106-1; or
(b)
In Zone A:
[1]
From any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model, FEMA 265/July 1995) including information obtained pursuant to §§
106-6K and
106-9D;
[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
[3]
In the absence of all other data, 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.
(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 §
106-6;
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 §
106-6 by a registered professional engineer or architect:
(1) A floodproofing certificate (FEMA Form 81-65, 01-03, as amended) to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of §§
106-3H(4),
106-6G and other applicable standards in §
106-6;
(2) A V-Zone certificate to verify that the construction in coastal high-hazard areas, Zones V1-30 and VE, will meet the criteria of §
106-6P and other applicable standards in §
106-6.
(3) A hydraulic opening certificate to verify that engineered hydraulic openings in the foundation walls will meet the standards of §
106-6L(2)(a).
(4) A certified statement that bridges will meet the standards of §
106-6M.
(5) A certified statement that containment walls will meet the standards of §
106-6N;
L. A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
M. A statement of construction plans describing in detail how each applicable development standard in §
106-6 will be met.
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 §
106-6 (Development standards) have been or will be met.
B. Utilize, in the review of all flood hazard development permit applications, the base flood and floodway data contained in the Flood Insurance Study - City of Saco, Maine, as described in §
106-1. In special flood hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state or other technical sources, including information obtained pursuant to §§
106-3H(1)(b),
106-6K and §
106-9D, in order to administer §
106-6 of this chapter. When the community establishes a base flood elevation in a Zone A by methods outlined in §
106-3H(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 §
106-1 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. Issuance of permit.
(1) 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:
(a)
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 §
106-6F,
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;
(b)
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 §
106-6G(1)(a),
(b) and
(c). The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or
(c)
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 §
106-6J, 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.
(2) For development that requires review and approval as a conditional use permit, as provided for in this chapter, the flood hazard development permit application shall be acted upon by the Planning Board as required in §
106-7.
G. Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of §
106-10 of this chapter and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of §§
106-3,
106-6 and
106-8 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.
(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.
(5) Include the total cost of all improvements, modifications, additions and reconstruction projects. All costs shall be accrued over the lifetime of the structure. Once the total cost of the project reaches 50% of the building's market value at the time of the first permit application following the effective date of March 3, 1998, the project is considered a substantial improvement. See the definition of "substantial improvement" in §
106-14 below.
[Amended 5-21-2012]
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 shall
be constructed and maintained in such a manner that no reduction occurs
in the flood-carrying capacity of any watercourse.
F. Residential. New construction or substantial improvement
of any residential structure located within:
(1) Zones A1-30 and AE shall have the lowest floor (including
basement) elevated to at least three feet above the base flood elevation.
[Amended 5-21-2012]
(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)
elevated above the highest adjacent grade:
(a)
At least three feet higher than the depth specified
in feet on the community's Flood Insurance Rate Map; or
[Amended 5-21-2012]
(b)
At least three feet if no depth number is specified.
(4) Zone A shall have the lowest floor (including basement) elevated to at least three feet above the base flood elevation utilizing information obtained pursuant to §§
106-3H(1)(b),
106-5B or
106-9D.
[Amended 5-21-2012]
(5) Zones V1-30 and VE shall meet the requirements of §
106-6P.
G. Nonresidential. New construction or substantial improvement
of any nonresidential structure located within:
(1) Zones A1-30 and AE shall have the lowest floor (including
basement) elevated to at least three feet above the base flood elevation
or, together with attendant utility and sanitary facilities, shall:
[Amended 5-21-2012]
(a)
Be floodproofed to at least three feet 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 §
106-3K 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) Zone AO shall have the lowest floor (including basement)
elevated above the highest adjacent grade:
(a)
At least three feet higher than the depth specified
in feet on the community's Flood Insurance Rate Map;
[Amended 5-21-2012]
(b)
At least three feet if no depth number is specified;
or
(c)
Together with attendant utility and sanitary facilities be floodproofed to meet the elevation requirements of this section and floodproofing standards of §
106-6G(1).
(4) Zone A shall have the lowest floor (including basement) elevated to at least three feet above the base flood elevation utilizing information obtained pursuant to §§
106-3H(1)(b),
106-5B or
106-9D; or, together with attendant utility and sanitary facilities, meet the flood proofing standards of §
106-6G(1).
[Amended 5-21-2012]
(5) Zones V1-30 and VE shall meet the requirements of §
106-6P.
H. Manufactured homes. New or substantially improved
manufactured homes located within:
(1) Zones A1-30 or AE shall:
(a)
Be elevated such that the lowest floor (including
basement) of the manufactured home is at least three feet above the
base flood elevation;
[Amended 5-21-2012]
(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
[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 §
106-6H(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 three feet higher than the depth specified
in feet on the community's Flood Insurance Rate Map; or
[Amended 5-21-2012]
(b)
At least three feet if no depth number is specified;
and
(4) Zone A shall:
(a)
Be elevated on a permanent foundation, as described in §
106-6H(1)(b) such that the lowest floor (including basement) of the manufactured home is at least three feet above the base flood elevation utilizing information obtained pursuant to §§
106-3H(1)(b),
106-5B or
106-9D; and
[Amended 5-21-2012]
(5) Zones V1-30 and VE shall meet the requirements of §
106-6P.
I. Recreational vehicles. Recreational vehicles located
within:
(1) Zones A1-30 and 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
(c)
Be permitted in accordance with the elevation and anchoring requirements for manufactured homes in §
106-6H(1).
J. Accessory structures. Accessory structures, as defined in §
106-14, located within Zones A1-30, AE, AO, AH and A, shall be exempt from the elevation criteria required in §
106-6F and
G above, if all other requirements of §
106-6 and all of the following requirements are met:
(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 §
106-6L(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 the flooding than is the
primary structure; and
(6) Have only ground fault interrupt electrical outlets.
The electrical service disconnect shall be located above the base
flood elevation and, when possible, outside the special flood hazard
area.
K. Floodways.
(1) In Zones A1-30 and 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 or Flood
Boundary and Floodway Map unless a technical evaluation certified
by a registered professional engineer is provided demonstrating that
such encroachments will not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2) In Zones A1-30, 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 §
106-6K(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
(b)
Is consistent with the technical criteria contained
in Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study
- Guidelines and Specifications for Study Contractors (FEMA 37/January
1995, as amended).
(3) In Zones A1-30, 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 1/2 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 A1-30, AE, AO and A that meets the development standards of §
106-6, including the elevation requirements of §
106-6F,
G or
H, and is elevated on posts, columns, piers, piles, stilts or crawlspaces may be enclosed below the base flood elevation requirements, provided that all the following criteria are met or exceeded:
(1) Enclosed areas are not "basements," as defined in §
106-14.
(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.
(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 located within Zones A1-30, AE, AO, AH, A, V1-30 and
VE shall be designed such that:
(1) When possible, the lowest horizontal member (excluding
the pilings or columns) is elevated to at least three feet above base
flood elevation; and
[Amended 5-21-2012]
(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 §
106-6K; 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 walls located within:
(1) Zones A1-30, AE, AH, A, V1-30 and VE shall:
(a)
Have the containment wall elevated to at least
three feet above the base flood elevation;
[Amended 5-21-2012]
(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 §
106-3K.
(2) Zones AO and AH shall have adequate drainage paths
around containment walls on slopes, to guide the 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 three feet higher than the depth specified
in feet on the community's Flood Insurance Rate Map; or
[Amended 5-21-2012]
(b)
At least three feet if no depth number is specified;
and
O. Wharves, piers and docks. New construction or substantial
improvement of wharves, piers, and docks are permitted in Zones A,
A1-30, AE, AO, AH, V1-30 and VE, in and over water and seaward of
the mean high tide if the following requirements are met:
(1) Wharves, piers, and docks shall comply with all applicable
local, state and federal regulations; and
(2) For commercial wharves, piers, and docks, a registered
professional engineer shall develop or review the structural design,
specifications, and plans for the construction.
P. Coastal floodplains.
(1) All new construction located within Zones A1-30, AE, A, V1-30 and VE shall be located landward of the reach of mean high tide except as provided in §
106-6P(6).
(2) New construction or substantial improvement of any
structure located within Zones V1-30 or 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 three feet above the base flood elevation;
[Amended 5-21-2012]
[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:
[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 or
more than 20 pounds per square foot.
(c)
Require a registered professional engineer or
architect to:
[1]
Develop or review the structural design, specifications
and plans for the construction, which must meet or exceed the technical
criteria contained in the Coastal Construction Manual (FEMA-55/June,
2000); and
[2]
Certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the criteria of §
106-6P(2).
(3) The use of fill for structural support in Zones A1-30,
AE, A, AO, V1-30, V1-30 and VE is prohibited.
[Amended 5-21-2012]
(4) Human alteration of sand dunes within Zones V1-30
and VE is prohibited unless it can be demonstrated that such alterations
will not increase potential flood damage.
(5) The area below the lowest floor may be used solely
for parking vehicles, building access and storage.
(6) Conditional use. Lobster sheds and fishing sheds located seaward of mean high tide shall be exempt from the elevation requirement in §
106-6G and are permitted as a conditional use only upon review and approval by the Planning Board, as provided in §
106-7, and if all the following requirements and those of §
106-6A,
K, and
L are met:
(a)
The conditional use shall be limited to low-value
structures, such as metal or wood sheds 200 square feet or less and
shall not exceed more than one story.
(b)
The structure shall be securely anchored to
the wharf or pier to resist flotation, collapse, and lateral movement
due to the effect of wind and water loads acting simultaneously on
all building components.
(c)
The structure will not adversely increase wave
or debris impact forces affecting nearby buildings.
(d)
The structure shall have unfinished interiors
and shall not be used for human habitation.
(e)
Any mechanical, utility equipment and fuel storage
tanks must be anchored and either elevated or floodproofed to three
feet above the base flood elevation.
[Amended 5-21-2012]
(f)
All electrical outlets shall be ground-fault
interrupt type. The electrical service disconnect shall be located
on shore above the base flood elevation and when possible, outside
the special flood hazard area.
The Planning Board shall hear and decide upon
applications for conditional uses provided for in this chapter. The
Planning Board shall hear, and approve, approve with conditions, or
disapprove all applications for conditional uses. An applicant informed
by the Code Enforcement Officer that a conditional use permit is required
shall file an application for the permit with the Planning Board.
A. Review procedure for a conditional use flood hazard
development permit.
(1) The flood hazard development permit application with
additional information attached addressing how each of the conditional
use criteria specified in the chapter will be satisfied, may serve
as the permit application for the conditional use permit.
(2) Before deciding any application, the Planning Board
shall hold a public hearing on the application within 30 days of its
receipt of the application.
(3) If the Planning Board finds that the application satisfied
all relevant requirements of the chapter, the Planning Board must
approve the application or approve with conditions within 45 days
of the date of the public hearing.
(4) A conditional use permit issued under the provisions
of this chapter shall expire if the work or change involved is not
commenced within 180 days of the issuance of the permit by the Planning
Board.
(5) The applicant shall be notified by the Planning Board
in writing over the signature of the Chairman of the Planning Board
that flood insurance is not available for structures located entirely
over water or seaward of mean high tide.
B. Expansion of conditional uses.
(1) No existing building or use of premises may be expanded
or enlarged without a permit issued under this section if that building
or use was established or constructed under a previously issued conditional
use permit or if it is a building or use which would require a conditional
use permit if being newly established or constructed under this chapter.
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:
(1) An elevation certificate completed by a professional land surveyor, registered professional engineer or architect for compliance with §
106-6F,
G,
H or
P; and
(2) For structures in Zones V1-30 and VE, certification by a registered professional engineer or architect that the design and methods of construction used are in compliance with §
106-6P(2).
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.
C. Within 10 working days, the Code Enforcement Officer
shall:
(1) Review the required certificate(s) and the applicant's
written notification; and
(2) Upon determination that the development conforms with
the provisions of this chapter, issue a certificate of compliance.
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 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 lot in the development having any portion of its land within a special flood hazard area, are to be constructed in accordance with §
106-6 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.
The Board of Appeals of the City of Saco 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. The Board of Appeals may grant
a variance from the requirements of this chapter consistent with state
law and the following criteria:
A. Variances shall not be granted within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
B. Variances shall be granted only upon:
(1) A showing of good and sufficient cause;
(2) A determination that should a flood comparable to
the base flood occur, the granting of a variance will not result in
increased flood heights, additional threats to public safety, public
expense or create nuisances, cause fraud or victimization of the public
or conflict with existing local laws or ordinances;
(3) A showing that the issuance of the variance will not
conflict with other state, federal or local laws or ordinances; and
(4) A determination that failure to grant the variance
would result in undue hardship, which in this section means that:
(a)
The land in question cannot yield a reasonable
return unless a variance is granted;
(b)
The need for a variance is due to the unique
circumstances of the property and not to the general conditions in
the neighborhood;
(c)
The granting of a variance will not alter the
essential character of the locality; and
(d)
The hardship is not the result of action taken
by the applicant or a prior owner.
C. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief, and the Board of Appeals may impose such
conditions to a variance as it deems necessary.
D. Variances may be issued for new construction, substantial
improvements or other development for the conduct of a functionally
dependent use, provided that:
(2) The structure or other development is protected by
methods that minimize flood damages during the base flood and create
no additional threats to public safety.
E. Variances may be issued for the repair, reconstruction,
rehabilitation or restoration of historic structures upon the determination
that:
(1) The development meets the criteria of §
106-10A through
D above; and
(2) 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.
F. Any applicant who meets the criteria of §
106-10A through
E shall be notified by the Board of Appeals, in writing, over the signature of the Chairman of the Board of Appeals that:
(1) The issuance of a variance to construct a structure
below the base flood level will result in greatly increased premium
rates for flood insurance up to amounts as high as $25 per $100 of
insurance coverage;
(2) Such construction below the base flood level increases
risks to life and property; and
(3) The applicant agrees, in writing, that the applicant
is fully aware of all the risks inherent in the use of land subject
to flooding, assumes those risks and agrees to indemnify and defend
the municipality against any claims filed against it that are related
to the applicant's decision to use land located in a floodplain and
that the applicant individually releases the municipality from any
claims the applicant may have against the municipality that are related
to the use of land located in a floodplain.
G. Reconstructed buildings in areas governed by this Floodplain Management
Ordinance may exceed the maximum height requirements of the Zoning
Ordinance, without the need for a variance, only if the requirements
of § 504-2A of the Zoning Ordinance are met.
[Added 5-21-2012]
H. Appeal procedure for administrative and variance appeals.
(1) An administrative or variance appeal may be taken
to the Board of Appeals by an aggrieved party within 30 days after
the receipt of a written decision of the Code Enforcement Officer
or Planning Board.
(2) Upon being notified of an appeal, the Code Enforcement
Officer or Planning Board, as appropriate, shall transmit to the Board
of Appeals all of the papers constituting the record of the decision
appealed from.
(3) The Board of Appeals shall hold a public hearing on
the appeal within 35 days of its receipt of an appeal request.
(4) The person filing the appeal shall have the burden
of proof.
(5) The 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.
(6) The Board of Appeals shall submit to the Code Enforcement
Officer a report of all variance actions, including justification
for the granting of the variance and an authorization for the Code
Enforcement Officer to issue a flood hazard development permit, which
includes any conditions to be attached to said permit.
(7) Any aggrieved party who participated as a party during
the proceedings before the Board of Appeals may take an appeal to
Superior Court in accordance with state laws within 45 days from the
date of any decision of the Board of Appeals.
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.
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.
ACCESSORY STRUCTURE
A small detached structure that is incidental and subordinate
to the principal structure.
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
AREA OF SHALLOW FLOODING
A designated AO and AH 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in §
106-1F of this chapter.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the "one-hundred-year
flood."
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
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.
CERTIFICATE OF COMPLIANCE
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
chapter.
CODE ENFORCEMENT OFFICER
A person certified under 30-A M.R.S.A., § 4451
(including exceptions in § 4451, Paragraph 1) and employed
by a municipality to enforce all applicable comprehensive planning
and land use laws and ordinances.
CONDITIONAL USE
A use that, because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to §
106-7.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
ELEVATED BUILDING
A.
A nonbasement building:
(1)
Built, in the case of a building in Zone A1-30,
AE, A, AO or AH, to have the top of the elevated floor or, in the
case of a building in Zone V1-30 or 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, posts, piers
or stilts; and
(2)
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.
B.
In the case of Zones A1-30, AE, A, AO or AH,
"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. In the case of
Zone V1-30 or 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 § 106-6P(2)(b)[3].
ELEVATION CERTIFICATE
An official form (FEMA Form 81-31, 07-00, as amended) that:
A.
Is used to verify compliance with the floodplain
management regulations of the National Flood Insurance Program; and
B.
Is required for purchasing flood insurance.
FLOOD or FLOODING
A.
A general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1)
The overflow of inland or tidal wate
(2)
The unusual and rapid accumulation or runoff
of surface waters from any source.
B.
The collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in
flooding as defined in Subsection A(1)of this definition.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
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.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings
and the hydrological effect of urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary of the Interior to qualify as a registered historic
district;
C.
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(1)
By an approved state program as determined by
the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in
states without approved programs.
LOCALLY ESTABLISHED DATUM
For purposes of this 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 North American Vertical
Datum (NAVD) or any other established datum and is used in areas where
mean sea level data is too far from a specific site to be practically
used.
[Amended 5-21-2012]
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements described in §
106-6L of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required 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.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
North American Vertical Datum of 1988, or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
[Amended 5-21-2012]
MINOR DEVELOPMENT
All development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to, accessory structures as provided for in §
106-6J, 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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of the initial floodplain management
regulations adopted by a community and includes any subsequent improvements
to such structures.
NORTH AMERICAN VERTICAL DATUM (NAVD)
North American vertical datum, whose standard was established
in 1988, and adopted by the National Geodetic Survey in 1991 to replace
the NGVD 1929 datum. NAVD 1988 is used by the National Flood Insurance
Program (NFIP), and has been used on Saco's Flood Insurance Rate
Maps since 2006. NAVD 1988 can also be called "Mean Sea Level (MSL)."
[Amended 5-21-2012]
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the largest horizontal projection, not including slideouts;
C.
Designed to be self-propelled or permanently
towable by a motor vehicle; and
D.
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
REGULATORY FLOODWAY
A.
The channel of a river or other watercourse
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
B.
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 1/2 the width of the floodplain, as measured
from the normal high water mark to the upland limit of the floodplain.
RIVERINE
Relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
START OF CONSTRUCTION
The date the building permit was issued, provided that 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 slabs 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 basements,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, or modification
of any construction element, whether or not that alteration affects
the external dimensions of the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building.
A gas- or liquid-storage tank that is principally above ground is
also a structure.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
B.
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure and a variance is obtained from the community's
Board of Appeals.
C.
Any completed project to elevate a building or structure, to
a height of one foot or more above the base flood elevation, for which
a building permit was issued after March 3, 1998, and prior to May
1, 2012.
[Added 5-21-2012]
VARIANCE
A grant of relief by a community from the terms of a floodplain
management regulation.
VIOLATION
The failure of a structure or development to comply with
a community's floodplain management regulations.
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).