Before any construction or other development (as defined in §
335-9.13), including the placement of manufactured homes, begins within any areas of special flood hazard established in §
335-9.1, 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 of Westbrook, Maine.
The application for a flood hazard development permit shall
be submitted to the Code Enforcement Officer and shall include:
A. The name, address, and phone number of the applicant, owner, and
contractor;
B. An address and a map indicating the location of the construction
site;
C. A site plan showing location of existing and/or proposed development,
including but not limited to structures, sewage disposal facilities,
water supply facilities, areas to be cut and filled, and lot dimensions;
D. A statement of the intended use of the structure and/or development;
E. A statement of the cost of the development, including all materials
and labor;
F. A statement as to the type of sewage system proposed;
G. Specification of dimensions of the proposed structure and/or development;
[Subsections H to K(2) apply only to new construction and substantial improvements.]
|
H. 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 the:
(1)
Base flood at the proposed site of all new or substantially
improved structures, which is determined:
(a)
In Zones A1-30, from data contained in the Flood Insurance Study, City of Westbrook, Maine, as described in §
335-9.1; 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), including information obtained pursuant to §§
335-9.6K and
335-9.8D; or
(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 §
335-9.6;
J. A written certification by a professional land surveyor, licensed
professional engineer or architect that the base flood elevation and
grade elevations shown on the application are accurate;
K. The following certifications as required in §
335-9.6 by a licensed professional engineer or architect:
(1)
A floodproofing certificate (FEMA Form 81-65, as amended) to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of §
335-9.6G and other applicable standards in §
335-9.6;
(2)
A hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of §
335-9.6L(2)(a);
(3)
A certified statement that bridges will meet the standards of §
335-9.6M; and
(4)
A certified statement that containment walls will meet the standards of §
335-9.6N;
L. A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development; and
M. A statement of construction plans describing in detail how each applicable development standard in §
335-9.6 will be met.
The Code Enforcement Officer shall:
A. Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of §
335-9.6 (Development standards) have been or will be met.
B. Utilize, in the review of all flood hazard development permit applications, the base flood and floodway data contained in the Flood Insurance Study, City of Westbrook, Maine, as described in §
335-9.1.
(1)
In special flood hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to §
335-9.3H(1)(b)[1],
335-9.6K and
335-9.8D in order to administer §
335-9.6 of this article.
(2)
When the community establishes a base flood elevation in a Zone A by methods outlined in §
335-9.3H(1)(b)[1], the community shall submit that data to the Maine Floodplain Management Program.
C. Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in §
335-9.1 of this article.
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 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 article, 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 "under construction" elevation certificate completed by a professional land surveyor, licensed professional engineer or architect based on the Part I permit construction, for verifying compliance with the elevation requirements of §
335-9.6F,
G or
H. 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;
(2)
A flood hazard development permit for floodproofing of nonresidential structures that are new construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of §
335-9.6G(1)(a),
(b) and
(c). The application for this permit shall include a floodproofing certificate signed by a licensed 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, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to, accessory structures as provided for in §
335-9.6J, 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 §
335-9.9 of this article, and copies of elevation certificates, floodproofing certificates, certificates of compliance, and certifications of design standards required under the provisions of §§
335-9.3,
335-9.6 and
335-9.7 of this article.
All developments in areas of special flood hazard shall meet
the following applicable standards:
A. All development. All development shall:
(1)
Be designed or modified and adequately anchored to prevent flotation
(excluding piers and docks), collapse or lateral movement of the development
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(2)
Use construction materials that are resistant to flood damage;
(3)
Use construction methods and practices that will minimize flood
damage; and
(4)
Use electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities that are designed and/or located
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 the 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 A shall have the lowest floor (including basement) elevated:
(b)
In the absence of all data described in Subsection
F(2)(a), to at least two feet above the highest adjacent grade to the structure.
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 licensed 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 §
335-9.3K, and shall include a record of the elevation above mean sea level to which the structure is floodproofed.
(2)
Zone A shall have the lowest floor (including basement) elevated:
(b) In the absence of all data described in Subsection
G(2)(a), to at least two feet above the highest adjacent grade to the structure; or
(c) Together with attendant utility and sanitary facilities, meet the floodproofing standards of Subsection
G(1)(a),
(b) and
(c).
H. Manufactured homes. New or substantially improved manufactured homes
located within:
(1)
Zones A1-30 shall:
(a)
Be elevated such that the lowest floor (including basement)
of the manufactured home is at least one foot above the base flood
elevation;
(b)
Be on a permanent foundation, which may be poured masonry slab
or foundation walls, with hydraulic openings, or may be reinforced
piers or block supports, any of which support the manufactured home
so that no weight is supported by its wheels and axles; and
(c)
Be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, or lateral movement.
[1]
Methods of anchoring may include but are not limited to:
[a]
Over-the-top ties anchored to the ground at the four corners
of the manufactured home, plus two additional ties per side at intermediate
points (manufactured homes less than 50 feet long require one additional
tie per side); or
[b]
Frame ties at each corner of the home, plus five additional
ties along each side at intermediate points (manufactured homes less
than 50 feet long require four additional ties per side).
[2]
All components of the anchoring system described in Subsection
H(1)(c)[1][a] and [b] shall be capable of carrying a force of 4,800
pounds.
(2)
Zone A shall:
(a)
Be elevated on a permanent foundation, as described in Subsection
H(1)(b), 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 §
335-9.3H(1)(b)[1],
335-9.5B or
335-9.8D; or
(b)
In the absence of all data as described in Subsection
H(2)(a), be elevated to at least two feet above the highest adjacent grade to the structure; and
(c)
Meet the anchoring requirements of Subsection
H(1)(c).
I. Recreational vehicles. Recreational vehicles located within Zones A and A1-30 shall either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use or be permitted in accordance with the elevation and anchoring requirements for manufactured homes in §
335-9.6H(1). 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.
J. Accessory structures. Accessory structures, as defined in §
335-9.13, located within Zones A and A1-30 shall be exempt from the elevation criteria required in §
335-9.6F and
G above if all other requirements of §
335-9.6 and all the following requirements are met. Accessory structures shall:
(1)
Have unfinished interiors and not be used for human habitation;
(2)
Have hydraulic openings, as specified in §
335-9.6L(2), in at least two different walls of the accessory structure;
(3)
Be located outside the floodway;
(4)
When possible be constructed and placed on the building site
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
(5)
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 Zone 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 licensed 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 Zone A and A1-30 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
K(3) unless a technical evaluation certified by a licensed 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 FEMA's
guidelines and standards for flood risk analysis and mapping.
(3)
In Zone A and A1-30 riverine areas for which no regulatory floodway
is designated, the regulatory floodway is determined to be the channel
of the river or other watercourse and the adjacent land areas to a
distance of 1/2 the width of the floodplain as measured from the normal
high-water mark to the upland limit of the floodplain.
L. Enclosed areas below the lowest floor. New construction or substantial improvement of any structure in Zones A and A1-30 that meets the development standards of §
335-9.6, including the elevation requirements of §
335-9.6F,
G or
H, and is elevated on posts, columns, piers, piles, 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 §
335-9.13;
(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 licensed 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 shall
be provided;
[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
non-automatic 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 A and A1-30 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 licensed 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 §
335-9.6K; 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 Zones A and A1-30 shall:
(1)
Have the containment wall elevated to at least one foot above
the base flood elevation;
(2)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
(3)
Be certified by a licensed 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 §
335-9.3K.
O. Wharves, piers and docks. New construction or substantial improvement
of wharves, piers, and docks is permitted in Zones A and A1-30, in
and over water and seaward of mean high tide, if the following requirements
are met:
(1)
Wharves, piers, and docks shall comply with all applicable local,
state, and federal regulations; and
(2)
For commercial wharves, piers, and docks, a licensed professional
engineer shall develop or review the structural design, specifications,
and plans for the construction.
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 an elevation certificate completed by a professional land surveyor, licensed professional engineer, or architect, for compliance with §
335-9.6F,
G or
H.
B. The applicant shall submit written notification to the Code Enforcement
Officer that the development is complete and complies with the provisions
of this article.
C. Within 10 working days, the Code Enforcement Officer shall:
(1)
Review the elevation certificate and the applicant's written
notification; and
(2)
Upon determination that the development conforms to the provisions
of this article, shall issue a certificate of compliance.
The Planning Board shall, when reviewing subdivisions and other
proposed developments that require review under other federal law,
state law or local ordinances or regulations and all projects on five
or more disturbed acres, or in the case of manufactured home parks
divided into two or more lots, assure that:
A. All such proposals are consistent with the need to minimize flood
damage.
B. All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damages.
C. Adequate drainage is provided 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 §
335-9.6 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 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.
If any section or provision of this article is declared by the
courts to be invalid, such decision shall not invalidate any other
section or provision of this article.
This article 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.
Unless specifically defined below, 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. Words used
in the present tense include the future, the singular number includes
the plural, and the plural number includes the singular. The word
"may" is permissive; "shall" is mandatory and not discretionary.
ACCESSORY STRUCTURE
A small detached structure that is incidental and subordinate
to the principal structure.
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in §
335-9.1 of this article.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the "100-year flood."
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
CERTIFICATE OF COMPLIANCE
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all the provisions of this
article.
CODE ENFORCEMENT OFFICER
A person certified under 30-A M.R.S.A. § 4451 (including
exceptions in Subsection 1 of § 4451) and employed by a
municipality to enforce all applicable comprehensive planning and
land use laws and ordinances.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
ELEVATED BUILDING
A non-basement building built, in the case of a building in Zone A or A1-30, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, posts, piers, or shear walls 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 Zone A or A1-30, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters, as required in §
335-9.6L.
ELEVATION CERTIFICATE
An official form (FEMA Form 81-31, as amended) that:
A.
Is used to verify compliance with the floodplain management
regulations of the National Flood Insurance Program; and
B.
Is required for purchasing flood insurance.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
FLOOD or FLOODING
A.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
B.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection
A(1) of this definition.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and contents.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
LOCALLY ESTABLISHED DATUM
For purposes of this article, 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), North American Vertical Datum (NAVD), or any
other established datum and is used in areas where mean sea level
data is too far from a specific site to be practically used.
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 non-elevation design requirements described in §
335-9.6L of this article.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical
Datum (NAVD), or other datum to which base flood elevations shown
on a community's Flood Insurance Rate Map are referenced.
MINOR DEVELOPMENT
All development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to, accessory structures as provided for in §
335-9.6J, 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.
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 mean sea level in 1929 and also has been called
"1929 mean sea level (MSL)."
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of the initial floodplain management
regulations adopted by a community, and includes any subsequent improvements
to such structures.
NORTH AMERICAN VERTICAL DATUM (NAVD)
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.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projection, not including slideouts;
C.
Designed to be self-propelled or permanently towable by a motor
vehicle; and
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
REGULATORY FLOODWAY
A.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot; and
B.
When not designated on the community's Flood Insurance Rate
Map, it is considered to be the channel of a river or other watercourse
and the adjacent land areas to a distance of 1/2 the width of the
floodplain, as measured from the normal high-water mark to the upland
limit of the floodplain.
RIVERINE
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
START OF CONSTRUCTION
The date the building permit was issued, provided 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 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 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.
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 reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of 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 community's Board of
Appeals.
VARIANCE
A grant of relief by a community from the terms of a floodplain
management regulation.
VIOLATION
The failure of a structure or development to comply with
a community's floodplain management regulations.
This article repeals and replaces any municipal ordinance previously
enacted to comply with the National Flood Insurance Act of 1968 (P.L.
90-488, as amended).