[Ord. No. 2006.26,[1] 5-2-2006]
Certain areas of the City of Biddeford, Maine are subject to
periodic flooding, causing serious damages to properties within these
areas. Relief is available in the form of flood insurance as authorized
by the National Flood Insurance Act of 1968.
Therefore, the City of Biddeford, Maine has chosen to become
a participating community in the National Flood Insurance Program,
and agrees to comply with the requirements of the National Flood Insurance
Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain
Management Ordinance.
It is the intent of the City of Biddeford, Maine to require
the recognition and evaluation of flood hazards in all official actions
relating to land use in the floodplain areas having special flood
hazards.
The City of Biddeford 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. §§ 3001 through 3007, 4352 and
4401 through 4407, and Title 38 M.R.S.A. § 440.
The National Flood Insurance Program, established in the aforesaid
Act, provides that areas of the City of Biddeford having a special
flood hazard be identified by the Federal Emergency Management Agency
and that floodplain management measures be applied in such flood hazard
areas. This ordinance establishes a flood hazard development permit
system and review procedure for development activities in the designated
flood hazard areas of the City of Biddeford, Maine.
The areas of special flood hazard, Zones A, A1 — 30,
AO, and V1 — 30, are identified by the Federal Emergency
Management Agency in a report entitled "Flood Insurance Study-City
of Biddeford, Maine, York County," dated November 15, 1983 with accompanying
"Flood Insurance Rate Map" dated May 15, 1984, and "Flood Boundary
and Floodway Map" dated May 15, 1984, which are hereby adopted by
reference and declared to be a part of this ordinance.
[1]
Editor's Note: This ordinance amended former Art. XII,
Floodplain Management Ordinance, in its entirety. Said Art. XII was
originally adopted as Ord. of 6-2-198(3), Arts. I through XIV.
[Ord. No. 2006.26, 5-2-2006]
Before any construction or other development (as defined in Section 14), including the placement of manufactured homes, begins within any areas of special flood hazard established in Section 1, a flood hazard development permit shall be obtained from the Code Enforcement Officer except as provided in Section 7. This permit shall be in addition to any other building permits which may be required pursuant to the codes and ordinances of the City of Biddeford, Maine.
[Ord. No. 2006.26, 5-2-2006]
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;
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[Items H—K3 apply only to new construction and substantial
improvements.]
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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, AO, and V1—30, from data contained in the "Flood Insurance Study-City of Biddeford, Maine," as described in Section 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 Section 6K and 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, 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 Section 6;
J.
A written certification by a professional land surveyor, registered
professional engineer or architect, that the base flood elevations
and grade elevations shown on the application are accurate;
K.
The following certifications as required in Section 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 Section 3H4; Section 6G; and other applicable standards in Section 6;
2.
A V-Zone certificate to verify that the construction in coastal high hazard areas, Zones V1—30, will meet the criteria of Section 6P; and other applicable standards in Section 6;
3.
A hydraulic openings certificate to verify that engineered hydraulic
openings in foundation walls will meet the standards of Section 6L2a;
4.
A certified statement that bridges will meet the standards of Section
6M;
5.
A certified statement that containment walls will meet the standards
of Section 6N;
L.
A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development; and
[Ord. No. 2006.26, 5-2-2006]
A nonrefundable application fee shall be paid to the City through
the Code Enforcement Office. This fee is separate from other required
permit and review fees.
a.
The fee for development projects will be $100.
b.
In cases where projects meet the definition for minor development
the fee shall be $50.
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An additional fee may be charged if the Code Enforcement Officer
and/or Board of Appeals needs the assistance of a professional engineer
or other expert. The expert's fee shall be paid in full by the
applicant within 10 days after the town submits a bill to the applicant.
Failure to pay the bill shall constitute a violation of the ordinance
and be grounds for the issuance of a stop work order. An expert shall
not be hired by the municipality at the expense of an applicant until
the applicant has either consented to such hiring in writing or been
given an opportunity to be heard on the subject. An applicant who
is dissatisfied with a decision to hire an expert may appeal that
decision to the Board of Appeals.
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[Ord. No. 2006.26, 5-2-2006]
The Code Enforcement Officer shall:
A.
Review all applications for the flood hazard development permit to assure that proposed building sites are reasonably safe from flooding and to determine that all pertinent requirements of Section 6 (development standards) have, or will be met;
B.
Utilize, in the review of all flood hazard development permit applications:
1.
The base flood data and floodway data contained in the "Flood Insurance Study—City of Biddeford, Maine," as described in Section 1.
2.
In special flood hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Section 3 H1b; Section 6K and Section 9D, in order to administer Section 6 of this ordinance.
C.
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Section 1 of this ordinance;
D.
In the review of flood hazard development permit applications, determine
that all necessary permits have been obtained from those federal,
state, and local government agencies from which prior approval is
required by federal or state law, including but not limited to Section
404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1344;
E.
Notify adjacent municipalities, the Department of Environmental Protection,
and the Maine Floodplain Management Program 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 ordinance,
approve the issuance of one of the following flood hazard development
permits based on the type of development:
1.
A two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with an 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 Section 6, Paragraphs F, 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.
Issue a flood hazard development permit for flood proofing of nonresidential
structures that are new construction or substantially improved nonresidential
structures that are not being elevated but that meet the floodproofing
standards of Section 6G1a, 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, or renovations, whose value is less than 50%
of the assessed value of the structure. Minor development also includes,
but is not limited to: accessory structures as provided for in Section
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 Board of Appeals on variances granted under the provisions of Section 10 of this ordinance, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of Sections 3, 6, and 8 of this ordinance.
[Ord. No. 2006.26, 5-2-2006]
All development 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 any watercourse.
F.
Residential. New construction or substantial improvement of any residential
structure located within:
1.
Zones A1—30 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 Section 3H1b; Section 5B; or Section 9D.
5.
Zones V1—30 shall meet the requirements of Section 6D.
G.
Nonresidential. New construction or substantial improvement of any
nonresidential structure located within:
1.
Zones A1—30 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 Section 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 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; or
c.
Together with attendant utility and sanitary facilities be floodproofed
to meet the elevation requirements of this section and floodproofing
standards of Section 6G1.
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 Section 3H1b; Section 5B; or Section 9D; or
a.
Together with attendant utility and sanitary facilities meet the
floodproofing standards of Section 6G1.
5.
Zones V1—30 shall meet the requirements of Section 6P.
H.
Manufactured homes. New or substantially improved manufactured homes
located within:
1.
Zone A1—30 shall:
a.
Be elevated on a permanent foundation such that the lowest floor
(including basement) of the manufactured home is at least one foot
above the base flood elevation; and
b.
Be on a permanent foundation, which may be poured masonry slab or
foundation walls, with hydraulic openings, or may be reinforced piers
or block supports, any of which support the manufactured home so that
no weight is supported by its wheels and axles; and
c.
Be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to:
(1)
Over-the-top ties anchored to the ground at the four corners
of the manufactured home, plus two additional ties per side at intermediate
points (manufactured homes less than 50 feet long require one additional
tie per side); or by
(2)
Frame ties at each corner of the home, plus five additional
ties along each side at intermediate points (manufactured homes less
than 50 feet long require four additional ties per side).
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:
4.
Zone A shall:
a.
Be elevated on a permanent foundation as described in Section 6H1b,
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 Section 3H1b; Section 5B; or Section
9D; and
b.
Meet the anchoring requirements of Section 6H1b.
5.
Zones V1—30 shall meet the requirements of Section 6P.
I.
Recreational vehicles. Recreational vehicles located within:
1.
Zones A1—30 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 Section 6H1.
2.
Zones V1—30 shall meet the requirements of either Section 6I1a
or b, or Section 6P.
J.
Accessory structures. Accessory structures, as defined in Section 14, located within Zones A1—30, AO, and A, shall be exempt from the elevation criteria required in Section 6F and G above, if all other requirements of Section 6 and all the following requirements are met. Accessory structures shall:
1.
Be 500 square feet or less and have a value less than $3,000;
2.
Have unfinished interiors and not be used for human habitation;
3.
Have hydraulic openings, as specified in Section 6L2, 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 Zones A1—30 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 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 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 Section 6K3 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 Al—30 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 A1—30, AO, and A that meets the development standards of Section 6, including the elevation requirements of Section 6, Paragraphs 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:
1.
Enclosed areas are not "basements" as defined in Section 14; and,
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 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 A1—30, AO, A, and V1—30 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 Section 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 A1—30, A, and V1—30 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 Section 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:
O.
Wharves, piers and docks. New construction or substantial improvement
of wharves, piers, and docks are permitted in Zones A1—30, AO,
A, and V1—30, 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 A1—30, A, and V1—30
shall be located landward of the reach of mean high tide, except as
provided in Section 6PG.
2.
New construction or substantial
improvement of any structure located within Zones V1—30 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 level;
(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 or more than 20
pounds per square foot.
c.
Require a registered professional
engineer or architect to:
a.
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
b.
Certify
that the design and methods of construction to be used are in accordance
with accepted standards of practice for meeting the criteria of Section
6L2.
3.
The use of fill for structural support in Zones V1—30 is prohibited.
4.
Human alteration of sand dunes within Zones V1—30 is prohibited
unless it can be demonstrated that such alterations will not increase
potential flood damage.
5.
The area below the lowest floor, shall be used solely for parking
vehicles, building access, and storage.
6.
Conditional use. Lobster sheds and fishing sheds may be located seaward of mean high tide and shall be exempt from the elevation requirement in Section 6G, only if permitted as a conditional use following review and approval by the Planning Board, as provided in Section 7, and if all the following requirements and those of Section 6A, 6K, and 6L 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 one foot above the
base flood elevation.
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.
[Ord. No. 2006.26, 5-2-2006]
The Planning Board shall hear and decide upon applications for
conditional uses provided for in this ordinance. 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 ordinance 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 their receipt
of the application.
3.
If the Planning Board finds that the application satisfies all relevant
requirements of the ordinance, 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 ordinance
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 ordinance.
[Ord. No. 2006.26, 5-2-2006]
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 Section 6, paragraphs F, G, H, or P; and
2.
For structures in Zones V1—30, certification by a registered
professional engineer or architect that the design and methods of
construction used are in compliance with Section 6P2.
B.
The applicant shall submit written notification to the Code Enforcement
Officer that the development is complete and complies with the provisions
of this ordinance.
[Ord. No. 2006.26, 5-2-2006]
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 Section 6 of this ordinance. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.
[Ord. No. 2006.26, 5-2-2006]
The Board of Appeals of the City of Biddeford 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 of the Code Enforcement Officer or Planning
Board in the administration or enforcement of the provisions of this
ordinance. The Board of Appeals may grant a variance from the requirements
of this ordinance consistent with state law and the following criteria:
A.
Variances shall not be granted within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
B.
Variances shall be granted only upon:
1.
A showing of good and sufficient cause; and,
2.
A determination that should a flood comparable to the base flood
occur, the granting of a variance will not result in increased flood
heights, additional threats to public safety, public expense, or create
nuisances, cause fraud or victimization of the public or conflict
with existing local laws or ordinances; and,
3.
A showing that the issuance of the variance will not conflict with
other state, federal or local laws or ordinances; and,
4.
A determination that failure to grant the variance would result in
"undue hardship," which in this subsection means:
a.
That the land in question cannot yield a reasonable return unless
a variance is granted; and
b.
That the need for a variance is due to the unique circumstances of
the property and not to the general conditions in the neighborhood;
and
c.
That the granting of a variance will not alter the essential character
of the locality; and
d.
That the hardship is not the result of action taken by the applicant
or a prior owner.
C.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief, and the Board of Appeals may impose such conditions to a variance
as it deems necessary.
D.
Variances may be issued for new construction, substantial improvements,
or other development for the conduct of a functionally dependent use
provided that:
E.
Variances may be issued by a community for the repair, reconstruction,
rehabilitation, or restoration of historic structures upon the determination
that:
2.
The proposed repair, reconstruction, rehabilitation, or restoration
will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
F.
Any applicant who meets the criteria of Section 10, Paragraphs A 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.
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 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.
[Ord. No. 2006.26, 5-2-2006]
A.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this ordinance pursuant to 30-A M.R.S.A. § 4452.
B.
The penalties contained in 30-A M.R.S.A. § 4452 shall apply
to any violation of this ordinance.
C.
In addition to any other actions, the Code Enforcement Officer, upon
determination that a violation exists, 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.
[Ord. No. 2006.26, 5-2-2006]
If any section or provision of this ordinance is declared by
the courts to be invalid, such decision shall not invalidate any other
section or provision of this ordinance.
[Ord. No. 2006.26, 5-2-2006]
This ordinance shall not in any way impair or remove the necessity
of compliance with any other applicable rule, ordinance, regulation,
by law, permit, or provision of law. Where this ordinance imposes
a greater restriction upon the use of land, buildings, or structures,
the provisions of this ordinance shall control.
[Ord. No. 2006.26, 5-2-2006]
Unless specifically defined below, words and phrases used in
this ordinance shall have the same meaning as they have at common
law and to give is ordinance its most reasonable application. Words
used in the present tense include the future, the singular number
includes the plural, and the plural number includes the singular.
The word "may" is permissive; "shall" is mandatory and not discretionary.
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 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.
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 Section 1 of this ordinance.
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
ordinance.
A person certified under 30-A M.R.S.A., § 4451
(including exceptions in Subsection 4451, Paragraph 1) and employed
by a municipality to enforce all applicable comprehensive planning
and land use laws and ordinances.
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 Section 7.
Any man-made change 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 A1—30, A, or
AO to have the top of the elevated floor, or in the case of a building
in Zones V1—30, 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 A1—30, 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 flood waters, as required in Section 6L. In
the case of Zones V1—30, "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 Section 6P2b(3).
|
An official form (FEMA Form 81-31, 01/03, as amended) that:
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Paragraph a1 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 administrator
of the federal insurance administration 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 non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and contents.
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 ordinance, an elevation established
for a specific site to which all other elevations at the site are
referenced. This elevation is generally not referenced to the National
Geodetic Vertical Datum (NGVD) 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 non-elevation design requirements described in Section 6 of this ordinance.
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 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 that 50% of the market value of the structure.
It includes, but is not limited to: accessory structures as provided
for in Section 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 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 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 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
When not designated on the community's 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.
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 pipes, 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 assessed value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the assessed
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:
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 a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure, and a variance is obtained from the 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.
[Ord. No. 2006.26, 5-2-2006]
This ordinance repeals and replaces any municipal ordinance
previously enacted to comply with the National Flood Insurance Act
of 1968 (P.L. 90-488, as amended).
