[Ord. of 3-3-2009(2)]
Before any construction or other development, including the placement of manufactured homes, begins within any areas of special flood hazard established in section 78-32, a flood hazard development permit shall be obtained from the code enforcement officer. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the City.
[Ord. of 3-3-2009(2)]
The application for a flood hazard development permit shall
be submitted to the code enforcement officer and shall include:
(1)
The name, address and phone number of the applicant, owner, and contractor.
(2)
An address and a map indicating the location of the construction
site.
(3)
A site plan showing the 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.
(4)
A statement of the intended use of the structure and/or development.
(5)
A statement of the cost of the development including all materials
and labor.
(6)
A statement as to the type of sewage system proposed.
(7)
Specification of dimensions of the proposed structure and/or development.
[Paragraphs (8) through 11(c) apply only to new construction
and substantial improvements.]
(8)
The elevation, in relation to the National Geodetic Vertical Datum
(NGVD), North American Vertical Datum (NAVD), or to a locally established
datum in Zone A only, of:
a.
The base flood at the proposed site of all new or substantially improved
structures, which is determined:
[Amended 6-16-2015]
1.
In Zones AE, VE, and Coastal AE, from data contained in the flood
insurance study for the City as described in Section 78-32; or
2.
In Zone A:
(a)
From any base flood elevation data from federal, state, or other
technical sources, including information pursuant to Sections 78-90
and 78-37(a)(4);
[Amended 8-4-2015]
(b)
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;
(c)
To 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 structure.
b.
The highest and lowest grades at the site adjacent to the walls of
the proposed building;
c.
The lowest floor, including basement, and whether or not such structures
contain a basement; and
d.
The level, in the case of nonresidential structures only, to which
the structure will be floodproofed;
(9)
A description of an elevation reference point established on the
site of all developments for which elevation standards apply as required
in division 3.
(10)
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.
[Amended 6-16-2015]
(11)
Certification by a registered professional engineer or architect
that floodproofing methods that any:
a.
Nonresidential structures will meet the floodproofing criteria of Subsection (8)d of this section, Section 78-88 and other applicable standards in Division 3 of this article;
b.
Construction in coastal high-hazard areas, Zone VE, will meet the floodproofing criteria of Section 78-92 and other applicable standards in Division 3 of this article;
[Amended 8-4-2015]
c.
A Hydraulic Openings Certificate to verify that engineered hydraulic
openings in foundation walls will meet the standards of Section 78-91(a)(2)a;
and
[Amended 8-4-2015]
(12)
A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development, and a copy of
notification of the state department of environmental protection of
this activity.
(13)
A statement of construction plans describing in detail how each applicable
development standard in division 3 of this article will be met.
[Ord. of 3-3-2009(2); amended 6-16-2015]
(a)
Application fee. A nonrefundable application fee of $75 shall be
paid to the City Clerk, and a copy of a receipt for payment of the
fee shall accompany the application.
(b)
Expert's fee. An additional fee may be charged if the code enforcement
officer, Planning Board and/or Board of Appeals need 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 City submits
a bill to the applicant. Failure to pay the bill shall constitute
a violation of this article and be grounds for the issuance of a stop
work order. An expert shall not be hired by the City 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 of the code enforcement
officer or Planning Board may appeal that decision to the Board of
Appeals.
[Ord. of 3-3-2009(2)]
The code enforcement officer shall:
(1)
Review all applications for flood hazard development permits to ensure
that proposed developments are reasonably safe from flooding and to
determine that all pertinent requirements of division 3 of this article
have or will be met;
(2)
Utilize, in the review of all flood hazard development permit applications:
a.
The base flood and floodway data contained in the flood insurance study for the City as described in Section 78-32;
[Amended 8-4-2015]
b.
In special flood hazard areas where base flood elevation and floodway
data is not provided, the code enforcement officer shall obtain, review
and reasonably utilize any base flood elevation and floodway data
from federal, state, or other sources, including information obtained
pursuant to Sections 78-62(8)a2, 78-90, and 78-37(a)(4), in order
to administer Division 3 of this article;
[Amended 8-4-2015]
c.
When the City establishes a base flood elevation in a Zone A by methods
outlined in subsection 78-62(8)a2, the City shall submit the data
to the Maine Floodplain Management Program.
[Amended 6-16-2015[1]]
[1]
Editor's Note: This legislation also redesignated former Subsection
(2)c as Subsection (3), and former Subsections (3) through (6) as
Subsections (4) through (7).
(3)
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Section 78-32;
(4)
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 USC 1344;
(5)
Notify adjacent municipalities, the state department of environmental
protection, and the Maine Floodplain Management Program prior to any
alteration or relocation of a watercourse and submit copies of such
notifications to the Federal Emergency Management Agency;
[Amended 6-16-2015]
(6)
If the application satisfies the requirements of this article, 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
an application for Part II of the flood hazard development permit
and shall include 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 Sections 78-87, 78-88, 78-89,
or 78-92. Following review of the elevation certificate data, which
review 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
[Amended 6-16-2015]
b.
A flood hazard development permit for floodproofing of non-residential
structures that are new construction or substantially improved non-residential
structures that are not being elevated but that meet the floodproofing
standards of Section 78-88(a)(1), (2), and (3). 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 defined in Chapter 66, 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 non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.
(7)
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 78-38, and copies of elevation certificates, floodproofing certificates, certificates of compliance, and certifications of design standards required under the provisions of Section 78-36, Section 78-62, and Division 3.
