[Ord. of 3-3-2009(2)[1]; amended 6-16-2015]
The City is aware that certain areas of Belfast are subject to periodic flooding, and that such flooding may cause damage to properties in these areas. The City also is aware that relief to such flooding is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.
The city 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 (PL 90-488, as amended) as delineated in this article.
Further, it is the intent of the City to require the recognition and evaluation of flood hazards in all official actions relating to land use in floodplain areas having special flood hazards. The City also has the legal authority to adopt land use and regulatory control measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001-3007, 4352, 4401-4407, and 38 M.R.S.A. § 440.
The National Flood Insurance Program, established in the aforesaid act, provides that areas of the City 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 article establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the city.
[1]
Editor's Note: This ordinance also amended former Art. II in its entirety. Said Art. II contained provisions on flood hazard reduction and was adopted 4-17-1990, as amended 12-7-2004 by Ord. No. 25-2005.
[Ord. of 3-3-2009(2); amended 6-16-2015]
The areas of special flood hazard, Zones A, AE, and VE for the Cty, identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Waldo County," dated July 6, 2015, with accompanying "Flood Insurance Rate Map" (FIRM) dated July 6, 2015, with panels: 430E, 433E, 434E, 435E, 440E, 442E, 445E, 455E, 461E, 462E, 463E, 464E, and 610E derived from the county-wide digital Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map, Waldo County," are hereby adopted by reference and declared to be a part of this article.
[Ord. of 3-3-2009(2)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, words and phrases used in this article shall have the same meaning as they have at common law and to give this article its most reasonable application. Also see definitions for all ordinances at Chapter 66 and shoreland zoning definitions at Chapter 82. Definitions for accessory structure, basement, code enforcement officer, and riverine are in Chapter 66.
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 Zone on a community's Flood Insurance Rate Map with a 1% 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 1% or greater chance of flooding in any given year, as specifically identified in the flood insurance study cited in section 78-32.
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.
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.
BUILDING
See "Structure."
CERTIFICATE OF COMPLIANCE
A document signed by the code enforcement officer stating that a structure is in compliance with all of the provisions of this article.
COASTAL AE ZONE
The portion of the coastal high hazard area with wave heights between 1.5 feet and 3.0 feet and bounded by a line labeled the "Limit of Moderate Wave Action (LiMWA)" on a Flood Insurance Rate Map (FIRM). VE Zone floodplain construction standards are applied to development, new construction and substantial improvements in the Coastal AE Zone.
[Added 6-16-2015]
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. Coastal high hazard areas are designated as Zone VE and Zone AE bounded by a line labeled "Limit of Moderate Wave Action (LiMWA)" on a Flood Insurance Rate Map (FIRM).
[Amended 6-16-2015]
CONDITIONAL USE
A use, because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to section 78-94.
DEVELOPMENT
Any man-made change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; and the storage, deposition, or extraction of materials, public or private sewage disposal systems or water supply facilities.
ELEVATED BUILDING
A non-basement building:
[Amended 6-16-2015]
(1) 
Built, in the case of a building in Zones AE or A to have the top of the elevated floor, or, in the case of a building in Zone VE or Coastal AE Zone, 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
(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.
In the case of Zone AE, or A, the term "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 floodwater. In the case of Zone VE and Coastal AE Zone, the term "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 78-92(b)(2)c.
[Amended 8-4-2015]
ELEVATION CERTIFICATE
An official form (FEMA Form 81-31, as amended) that is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program, and is required as a condition for purchasing flood insurance.
[Amended 8-4-2015]
FLOOD and FLOODING
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters.
b. 
The unusual and rapid accumulation or runoff of surface water from any source.
(2) 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition.
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 administrator of the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "Flood elevation study."
FLOODPLAIN and FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, or 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.
FLOODWAY
See "Regulatory floodway."
FLOODWAY ENCROACHMENT LINES
The lines marking the limits of floodways on federal, state, and local floodplain maps.
FREEBOARD
Is 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
As used in this chapter, means 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 shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HISTORIC STRUCTURE
Any structure that is:
(1) 
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;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. 
By an approved state program as determined by the Secretary of the Interior; or
b. 
Directly by the Secretary of the Interior in states without approved programs.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
The landward limit of the 1.5-foot breaking wave within a Coastal AE Zone. These areas are bounded by a line labeled "Limit of Moderate Wave Action" (LiMWA) on a Flood Insurance Rate Map (FIRM). The LiMWA line delineates that portion of the special flood hazard area (SFHA) landward of a VE zone in which the principal sources of flooding are astronomical high tides, storm surges, or tsunamis, not riverine sources. These areas may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces. The floodplain development and construction standards for VE Zones will be applied in the Coastal AE Zone.
LOCALLY ESTABLISHED DATUM
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.
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 of Division 3, section 78-91.
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 longer than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced.
MINOR DEVELOPMENT
As used in this chapter, means 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 section 78-89.6, 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 require structures; and nonstructural projects such as bridges, dams towers, fencing, pipelines, wharves, and piers.
[Amended 8-4-2015]
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
The national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon the mean sea level in 1929 and has been called the "1929 Mean Sea Level (MSL)".
NEW CONSTRUCTION
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.
NORTH AMERICAN VERTICAL DATUM (NAVD)
The national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based upon vertical datum used by other North American countries such as Canada and Mexico and was established to replace NGVD because of constant movement of the earth's crust, glacial rebound, and subsidence and the increasing use of satellite technology.
[Added 6-16-2015]
ONE-HUNDRED-YEAR FLOOD
See "Base flood."
RECREATIONAL VEHICLE (RV)
As used in this chapter, means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection, not including slideouts; (c) designed to be self-propelled or permanently towable by a motor vehicle; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
[Amended 8-4-2015]
REGULATORY FLOODWAY
(1) 
Regulatory floodway means 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.
(2) 
In Zone A the regulatory floodway 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.
START OF CONSTRUCTION
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 or floor, or other structural part of the building, or modification of any construction element, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the value of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. In determining whether a development project constitutes a substantial improvement, the total cost (value) of all reconstructions, repairs, rehabilitations, additions, or other improvements that have accrued over a five-year period, prior to the time of the current application shall be considered. For purposes of this definition, substantial improvement is considered to occur at the time the first alteration of any wall, ceiling, floor, or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include either:
[Amended 8-4-2015]
(1) 
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or
(2) 
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE (AS IT APPLIES TO THE FLOODPLAIN)
For purposes of the floodplain ordinance Chapter 78, Article II, a variance means a grant of relief by the Zoning Board of Appeals:
[Amended 6-16-2015]
(1) 
From the terms of a floodplain management regulation; or
(2) 
From any dimensional requirement of the floodplain ordinance, in accordance with 30-A MRSA § 4353(4).
VIOLATION
The failure of a structure or other development to fully comply with a community's floodplain management regulations or ordinance.
[Ord. of 3-3-2009(2)]
(a) 
Responsibility for enforcement. It shall be the duty of the code enforcement officer to enforce the provisions of this article pursuant to 30-A M.R.S.A. § 4452.
(b) 
Penalties. The penalties contained in 30-A M.R.S.A. § 4452 shall apply to any violation of this article.
(c) 
Declaration requesting denial of flood insurance. 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 Emergency Management Agency 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 (map and lot number);
(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. of 3-3-2009(2)]
This article repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (PL 90-488, as amended).
[Ord. of 3-3-2009(2)]
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:
(1) 
For new construction or substantial improvement of any elevated structure, the applicant shall submit an elevation certificate completed by a professional land surveyor, registered professional engineer or architect for compliance with § 78-87, 78-88, 78-89, or 78-92; and for structures in Zones VE and Coastal AE (as defined), certification by a registered professional engineer or architect for compliance with § 78-92(b).
[Amended 6-16-2015; 8-4-2015]
(2) 
The applicant shall submit written notification that the development is complete and complies with the provisions of this section.
(3) 
The code enforcement officer shall review the application within 10 working days of receipt of the application, and shall issue a certificate of compliance, provided the development conforms to the provisions of this section.
[Ord. of 3-3-2009(2)]
(a) 
The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under 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, ensure that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages.
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) 
All proposals include base flood elevation, flood boundaries, and, in a riverine floodplain, floodway data. These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.
[Amended 8-4-2015]
(b) 
Any proposed development plan must include a condition of plan approval 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 Division 3 of this article. 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 structures, including but not limited to a timeshare interest. The condition shall clearly articulate that the City may enforce any violation of the construction requirements, and that fact shall also be included in the deed or any other document described in this subsection. 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.
[Amended 6-16-2015]
[Ord. of 3-3-2009(2)]
(a) 
The Zoning Board of Appeals may, upon written application of an aggrieved party, hear and decide appeals where it is alleged that there is an error in an 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 article.
(b) 
A variance issued by the Zoning Board of Appeals shall be consistent with state law and the following criteria:
[Amended 6-16-2015]
(1) 
Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) 
Variances shall be granted only upon:
a. 
A showing of good and sufficient cause;
b. 
A determination that, should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, or public expense, or create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances;
c. 
A showing that the existence of the variance will not cause a conflict with other state, federal or local laws or ordinances; and
d. 
A determination that failure to grant the variance would result in undue hardship, which in this subsection means that:
1. 
The land in question cannot yield a reasonable return unless a variance is granted;
2. 
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
3. 
The granting of a variance will not alter the essential character or the locality; and
4. 
The hardship is not the result of action taken by the applicant or a prior owner.
(3) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and the Board of Appeals may impose such conditions to a variance as it deems necessary.
(4) 
Variances may be issued by a community for new construction, substantial improvements, or other development for the conduct of a functionally dependent use provided that:
a. 
Other criteria of this section and section 78-90 are met; and
b. 
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.
(5) 
Variances may be issued by a community for the repair, reconstruction, rehabilitation, or restoration of historic structures upon a determination that:
[Amended 6-16-2015;8-4-2015]
a. 
The development meets the criteria of Subsection b(2)(d)1 through 4 of this section; and
b. 
The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(6) 
Any applicant who meets the criteria of subsections (1)-(5) of this section shall be notified by the Zoning Board of Appeals in writing over the signature of the chair of the Board of Appeals that:
a. 
The issuance of a variance to construct a structure below the base flood level will result in greatly increased premium rates for flood insurance, up to amounts as high as $25 per $100 of insurance coverage;
b. 
Such construction below the base flood level increases risks to life and property; and
c. 
The applicant agrees in writing that the applicant is fully aware of all the risks inherent in the use of land subject to flooding, assumes those risks and agrees to indemnify and defend the City 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 City from any claims the applicant may have against the City that are related to the use of land located in a floodplain.
(7) 
Appeal procedure for administrative and variance appeals: The process for filing and hearing an administrative appeal or variance is described in Chapter 102, Zoning, Article II, Administration, Division 4, Appeals and Variances, section 102-131 et seq.
[Ord. of 3-3-2009(2); amended 6-16-2015]
The terms of this article (ordinance) shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, bylaw, permit, or provision of law. Where this article imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this article shall control.