[Ord. of 3-3-2009(2)]
All developments in areas of special flood hazard shall meet the applicable standards in this division.
[Ord. of 3-3-2009(2)]
(a)
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.
[Ord. of 3-3-2009(2)]
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the systems.
[Ord. of 3-3-2009(2)]
All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of floodwater into the system and discharges from the system into floodwater.
[Ord. of 3-3-2009(2)]
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.
[Ord. of 3-3-2009(2)]
All development associated with the 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.
[Ord. of 3-3-2009(2); amended 6-16-2015]
(a)
New construction or substantial improvement of any residential structure located within Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.
(b)
New construction or substantial improvement of any residential structure located within 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 Sections 78-62(8)a2, 78-64(2), or 78-37(a)(4).
(c)
New construction or substantial improvement of any residential structure located within Zones VE and Coastal AE (as defined) shall meet the requirements of Section 78-92.
[Ord. of 3-3-2009(2); amended 6-16-2015]
(a)
New construction or substantial improvement of any nonresidential structure located within Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:
(1)
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 passage of water;
(2)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
(3)
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 78-62(11)a, and shall include a record of the elevation above mean sea level to which the structure is floodproofed.
(b)
New construction or substantial improvement of any nonresidential structure located within 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 78-62(8)a2, Section 78-64(2), or Section 78-37(a)(4).
(1)
Together with attendant utility and sanitary facilities meet the floodproofing standard of Section 78-88(a)(1) through (3).
[Added 8-4-2015]
[Ord. of 3-3-2009(2); amended 6-16-2015]
(a)
New or substantially improved manufactured homes located within Zone AE shall:
(1)
Be elevated such that the lowest floor (including basement) is at least one foot above the base flood elevation; and
(2)
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
(3)
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:
a.
Over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by
b.
Frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).
c.
All components of the anchoring system described in Section 78-89(a)(3)a and b shall be capable of carrying a force of 4,800 pounds.
(b)
New or substantially improved manufactured homes located within 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 78-62(8)a.2, Sections 78-64(2), or 78-37(a)(4), and meet the anchoring requirements of Section 78-89(a)(3).
[Amended 8-4-2015]
(c)
New or substantially improved manufactured homes located within Zones VE or Coastal AE (as defined) shall meet the requirements of Section 78-92.
[Ord. of 3-3-2009(2)]
(a)
In Zone AE, encroachments, including fill, new construction, substantial improvement, and other development shall not be permitted in riverine areas for which a regulatory floodway is designated on the community's flood insurance rate map, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
In Zones 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 subsection 78-90(c) 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.
(c)
In Zones AE and A riverine areas, for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other watercourse and the adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal highwater mark to the upland limit of the floodplain.
[Ord. of 3-3-2009(2)]
(a)
New construction or substantial improvement of any structure in Zones AE and A that meets the development standards of this division, including the elevation requirements of Sections 78-87, 78-88, or 78-89, and is elevated on posts, columns, piers, piles, stilts, or crawl spaces, may be enclosed below the base flood elevation provided all the following criteria are met or exceeded:
[Amended 6-16-2015; 8-4-2015]
(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 is required, 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 floodwater automatically without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means; and
(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.
[Ord. of 3-3-2009(2)]
(a)
Recreational vehicles located within Zones AE and A shall either:
(1)
Be on the site for fewer than 180 consecutive days,
(2)
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
(b)
Zones VE and Coastal AE (as defined) shall meet the requirements of either Section 78-91.4(a)(1) or (2) or Section 78-92.
[Amended 6-16-2015]
[Ord. of 3-3-2009(2); amended 6-16-2015]
New construction or substantial improvement of any bridge in Zones AE, A, VE and Coastal AE (as defined) shall be designed such that:
(1)
When possible, the lowest horizontal member (excluding pilings, or columns) is elevated to or 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 requirements of this section and the floodway standards of section 78-90, and
b.
The foundation or 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.
[Ord. of 3-3-2009(2); amended 6-16-2015]
No new construction or substantial improvement of any containment wall located within:
(1)
Zones AE, A, VE and Coastal AE (as defined) 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 78-62(11).
[Amended 8-4-2015]
[Ord. of 3-3-2009(2); amended 6-16-2015]
New construction or substantial improvement of wharves, piers, and docks are permitted in Zones AE, A, VE and Coastal AE (as defined) in and over water and seaward of the mean high tide if the following requirements are met:
[Ord. of 3-3-2009(2); amended 6-16-2015]
Accessory structures, as defined in Chapter 66, located within Zones AE and A, shall be exempt from the elevation criteria required in Sections 78-87 and 78-88 above, if all other requirements of division 3 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 subsection 78-91(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 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.
[Ord. of 3-3-2009(2); 6-16-2015]
(a)
All new construction located within Zones AE, VE and Coastal AE (as defined) shall be located landward of the reach of mean high tide except as provided in Section 78-93.
(b)
New construction or substantial improvement of any structure located within Zones VE and Coastal AE (as defined) shall:
(1)
Be elevated on posts or columns such that:
a.
The bottom of the lowest horizontal structural member of the lowest floor, (excluding the pilings or columns), is elevated to one foot above the base flood elevation;
b.
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
c.
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.
(2)
Have the space below the lowest floor:
a.
Free of obstructions; or
b.
Constructed with open wood latticework 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
c.
Constructed to enclose less than 300 square feet of area with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
[Amended 8-4-2015]
(c)
The use of fill for structural support in Zones VE and Coastal AE (as defined) is prohibited.
(d)
Human alteration of sand dunes within Zones VE and Coastal AE (as defined) is prohibited unless it can be demonstrated that such alterations will not increase potential flood damage.
(e)
The area below the lowest floor shall be used solely for parking vehicles, building access, and storage.
[Ord. of 3-3-2009(2)]
Lobster sheds and fishing sheds may be located seaward of the mean high tide and shall be exempt from the elevation requirement in section 78-88 only if permitted as a conditional use following review and approval by the Planning Board, as provided for in section 78-94 and if all the following requirements and those of sections 78-82, 78-90, and 78-91 are met:
a.
The conditional use shall be limited to low value structures such as metal or wood sheds 200 square feet or less not exceeding one story.
b.
The structure shall be securely anchored to the wharf or pier to resist floatation, collapse, and lateral movement due to the effect of wind or water loads acting together on all building components.
c.
The structure will not adversely increase the 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 be elevated or floodproofed to one foot above the base flood elevation.
f.
All electrical outlets shall be ground fault interrupt (GFCI) type. The electrical disconnect shall be located on shore above the base flood elevation and when possible outside of the special flood hazard area.
[Ord. of 3-3-2009(2); 6-16-2015; 8-4-2015]
The Planning Board shall hear and decide upon applications for conditional uses provided for in Section 78-93. The Planning Board shall hear and approve or 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 permit.
1.
The flood hazard development permit application, with additional information attached showing how each of the conditional use criteria specified in section 78-93 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 section 78-93, 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 section 78-93 shall expire if the work or change involved is not commenced within 180 days of the approval of the permit by the Planning Board.
5.
The applicant shall be notified by the Planning Board in writing over the signature of the Planning Board chairman that flood insurance is not available for structures located entirely over water or seaward of the mean high tide.
B.
Expansion of conditional uses. No existing building or use of the 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 section 78-93.
[Added 6-16-2015]
Notwithstanding provisions of the City Charter, the amendments to Chapter 78, Floods, which the City Council considered and adopted at its meeting of June 16, 2015, shall take effect on July 6, 2015, which is the date that FEMA has identified as the effective date of the new FIRM maps for the City; reference Section 78-32 of this article.
Amendments adopted to Chapter 78, Floods, by the City Council at its meeting of August 4, 2015 shall take effect upon the adoption of the amendments. [8-4-2015]