Unless specifically defined below, words and phrases used in this Part
4 shall have the same meaning as they have at common law in order to give this Part
4 its most reasonable application. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and not discretionary.
A small detached structure that is incidental and subordinate to the principal structure.
ADJACENT GRADEThe natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
AREA OF SPECIAL FLOOD HAZARDThe 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 §
10-4.1 of this Part
4.
The flood having a 1% chance of being equaled or exceeded in any given year; commonly called the "one-hundred-year flood."
BASEMENTAny area of the building having its floor subgrade (below ground level) on all sides.
CERTIFICATE OF COMPLIANCEA document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this Part
4.
Any person or board responsible for performing the inspection, licensing, and enforcement duties required by a particular statute or ordinance.
DEVELOPMENTAny change caused by individuals or entities to improved or unimproved real estate, including, but not limited to:
A. Construction of buildings or other structures.
Construction of additions or substantial improvements to buildings or other structures.
Mining, dredging, filling, grading, paving, excavation, or drilling operations.
Storage of equipment or materials.
Storage, deposition, or extraction of materials.
Public or private sewage disposal systems or water supply facilities.
ELEVATED BUILDINGA. A nonbasement building satisfying the following requirements:
(1) Built, in the case of a building in Zone A1, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, post, piers, or "stilts."
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 A1, the definition of "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters.
ELEVATION CERTIFICATEAn official form (FEMA Form 81-31, 07/00, as amended) that:
A. Is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program.
Is required for purchasing flood insurance.
FLOOD ELEVATION STUDYAn examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations. For the Town of Frye Island, it is the "Flood Insurance Study - Town of Standish, Maine, Cumberland County," dated November 19, 1980.
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. For the Town of Frye Island, it is the Flood Insurance Rate Map dated May 19, 1981, and October 16, 1984, which accompanies the "Flood Insurance Study - Town of Standish, Maine, Cumberland County," dated November 19, 1980.
FLOOD or FLOODINGA. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
The collapse or subsidence of land along the shore of a lake or other body of water resulting in flooding as defined in Subsection A(1) of this definition as a consequence of erosion or undermining caused by any of the following:
(1) Waves or currents of water exceeding anticipated cyclical levels.
Sudden and 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.
Some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.
FLOODPLAIN MANAGEMENTThe 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 REGULATIONSZoning 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.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and contents.
FREEBOARDA 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 WATER-DEPENDENT USEA 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 STRUCTUREAny structure that satisfies any of the following criteria:
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.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
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
Directly by the Secretary of the Interior in states without approved programs.
LOCALLY ESTABLISHED DATUMFor purposes of this Part
4, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement area shall not be 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 described in §
10-4.6, Subsection
L, of this Part
4.
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 LEVELFor purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the Town's Flood Insurance Rate Map are referenced.
MINOR DEVELOPMENTAll 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. The definition also includes, but is not limited to: accessory structures, as provided for in §
10-4.6, Subsection
J; mining, dredging, filling, grading, paving, excavation, and drilling operations; storage of equipment or materials; deposition or extraction of materials; public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.
The national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called the "1929 Mean Sea Level (MSL)."
NEW CONSTRUCTIONStructures 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.
RECREATIONAL VEHICLEA vehicle which satisfies all of the following criteria:
A. Built on a single chassis.
Four hundred square feet or less when measured at the largest horizontal projection, not including slideouts.
Designed to be self-propelled or permanently towable by a motor vehicle.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAYA. 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.
When not designated on the Town's Flood Insurance Rate Map, the regulatory floodway is considered to be the channel of a river or other watercourse and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.
RIVERINERelating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
START OF CONSTRUCTIONThe date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvements was within 180 days of the permit date.
A. 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:
(1) Land preparation, such as clearing, grading and filling.
The installation of streets and/or walkways.
Excavation for basement, footings, piers, or foundations.
Erection of temporary forms.
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, whether or not that alteration affects the external dimensions of the building.
STRUCTUREFor floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny 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 of the following:
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 Officer and which are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure and that a variance is obtained from the community's Board of Appeals.
VARIANCEA grant of relief by a community from the terms of a floodplain management regulation.
VIOLATIONThe failure of a structure or development to comply with a community's floodplain management regulations.