[Amended 12-13-2004; 12-21-2020 by Order No.
2020-153; 6-3-2024 by Ord. No. 2024-63]
A.
Certain areas of the City of Westbrook, Maine are subject to periodic
flooding, causing serious damages to properties within these areas.
Relief is available in the form of flood insurance as authorized by
the National Flood Insurance Act of 1968.
B.
Therefore, the City of Westbrook, Maine 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
(P.L. 90-488, as amended) as delineated in this article.
C.
It is the intent of the City of Westbrook, Maine to require the recognition
and evaluation of flood hazards in all official actions relating to
land use in the floodplain areas having special flood hazards.
D.
The City of Westbrook has the legal authority to adopt land use and
control measures to reduce future flood losses pursuant to Title 30-A
MRSA, Sections 3001-3007, 4352, 4401-4407, and Title 38 MRSA, Section
440.
E.
The National Flood Insurance Program, established in the aforesaid
Act, provides that areas of the City of Westbrook 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 of Westbrook, Maine.
F.
The areas of special flood hazard, Zones A and AE, for the City of
Westbrook, Cumberland County, Maine, identified by the Federal Emergency
Management Agency in a report entitled "Flood Insurance Study —
Cumberland County, Maine," dated June 20, 2024, with accompanying
"Flood Insurance Rate Map" dated June 20, 2024, are hereby adopted
by reference and declared to be a part of this article.
A.
The Code Enforcement Officer shall be designated as the local Floodplain
Administrator. The Floodplain Administrator shall have the authority
to implement the commitment made to administer and enforce the requirements
for participation in the National Flood Insurance Program.
B.
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 locations 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;
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 AE from data contained in the "Flood Insurance Study - Cumberland County, Maine," as described in § 335-9.1; or,
(b)
In Zone A:
[2]
In the absence of all data described in § 335-9.3H(1)(b)[1], information to demonstrate that the structure shall meet the elevation requirement in § 335-9.6H(2)(b), I(2)(a) or (b), or J(2)(b).
(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;
(4)
Lowest machinery and equipment servicing the building; and,
(5)
Level, in the case of non-residential 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;
K.
The following certifications as required in § 335-9.6 by a registered professional engineer or architect:
(2)
A hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of § 335-9.6N(2)(a);
L.
A description of the extent to which any water course will be altered
or relocated as a result of the proposed development; and,
A.
A nonrefundable application fee of $50 shall be paid to the Code
Enforcement Officer and a copy of a receipt for the same shall accompany
the application.
B.
An additional fee may be charged if the Code Enforcement Officer,
Planning Board, and/or Board of Appeals needs 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 town submits
a bill to the applicant. Failure to pay the bill shall constitute
a violation of the ordinance and be grounds for the issuance of a
stop work order. An expert shall not be hired by the municipality
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 to
hire expert assistance may appeal that decision to the Board of Appeals.
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:
(1)
The base flood and floodway data contained in the "Flood Insurance Study - Cumberland County, Maine," as described in § 335-9.1;
(2)
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]; 335-9.6M.; and 335-9.8D, in order to administer § 335-9.6 of this article; and,
(3)
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 water course 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 based on the Part I permit construction for verifying compliance with the elevation requirements of § 335-9.6H, I, or J. 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; or
(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 § 335-9.6I(1) The application for this permit shall include a floodproofing certificate signed by a registered 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 § 335-9.6L., 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 so as 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 flood waters
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 flood waters into the system and discharges from the system into
flood waters.
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.
Utilities. New construction or substantial improvement of any structure
(including manufactured homes) located within Zones A and AE, shall
have the bottom of all electrical, heating, plumbing, ventilation
and air conditioning equipment, permanent fixtures and components,
HVAC ductwork and duct systems, and any other utility service equipment,
facilities, machinery, or connections servicing a structure, elevated
to at least one foot above the base flood elevation.
G.
Physical changes to the natural landscape. Certain development projects,
including but not limited to, retaining walls, sea walls, levees,
berms, and rip rap, can cause physical changes that affect flooding
conditions.
(1)
All development projects in Zone AE that cause physical changes
to the natural landscape shall be reviewed by a professional engineer
to determine whether or not the project changes the base flood elevation,
zone, and/or the flood hazard boundary line.
(2)
Professional engineer review.
(a)
If the professional engineer determines, through the use of
engineering judgement, that the project would not necessitate a letter
of map revision (LOMR), a certified statement shall be provided.
(b)
If the professional engineer determines that the project may
cause a change, a hydrologic and hydraulic analysis that meets current
FEMA standards shall be performed.
(3)
If the hydrologic and hydraulic analysis performed indicates
a change to the base flood elevation, zone, and/or the flood hazard
boundary line, the applicant may submit a conditional letter of map
revision (C-LOMR) request to the Federal Emergency Management Agency
for assurance that the as-built project will result in a change to
the Flood Insurance Rate Map. Once the development is completed, a
request for a letter of map revision (LOMR) shall be initiated.
(4)
If the hydrologic and hydraulic analysis performed show a change
to the base flood elevation, zone, and/or the flood hazard boundary
line, as soon as practicable, but no later than six months after the
completion of the project, the applicant shall submit the technical
data to FEMA in the form of a letter of map revision request.
H.
Residential. New construction or substantial improvement of any residential
structure located within:
(1)
Zone AE 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:
(a)
To 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 described in § 335-9.6H(2)(a), to at least two feet above the highest adjacent grade to the structure.
I.
Nonresidential. New construction or substantial improvement of any
nonresidential structure located within:
(1)
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:
(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 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 § 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:
(a)
To 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 described in § 335-9.6I(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 § 335-9.6I(1)(a), (b), and (c).
J.
Manufactured homes. New or substantially improved manufactured homes
located within:
(1)
Zone AE 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. Methods of anchoring
may include, but are not limited to:
[1]
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
[2]
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).
[3]
All components of the anchoring system described in § 335-9.6J(1)(c)[1] and [2] 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 § 335-9.6J(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; 335-9.8D; or,
(b)
In the absence of all data as described in § 335-9.6J(2)(a), to at least two feet above the highest adjacent grade to the structure; and
(c)
Meet the anchoring requirements of § 335-9.6J(1)(c).
K.
Recreational vehicles. Recreational vehicles located within:
(1)
Zones A and AE shall either:
(a)
Be on the site for fewer than 180 consecutive days; and
(b)
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
(c)
Be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in § 335-9.6J(1).
L.
Accessory structures. New construction or substantial improvement of accessory structures, as defined in § 335-9.13, shall be exempt from the elevation criteria required in § 335-9.6H and I above, if all other requirements of § 335-9.6 and all the following requirements are met.
(1)
Accessory structures located in Zones A and AE shall:
(a)
Meet the requirements of § 335-9.6A(1) through (4), as applicable;
(b)
Be limited in size to a one-story two-car garage;
(c)
Have unfinished interiors and not be used for human habitation;
(d)
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;
(e)
Be located outside the floodway;
(f)
When possible, be constructed and placed on the building site
so as 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,
(g)
Have hydraulic openings, as specified in § 335-9.6N(2), in at least two different walls of the accessory structure.
M.
Floodways.
(1)
In Zone AE 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 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.
(2)
In Zones A and AE 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 § 335-9.6M(3) 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:
(3)
In Zones A and AE riverine areas for which no regulatory floodway
is designated, the regulatory floodway is determined to be the channel
of the river or other water course 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.
N.
Hydraulic openings/flood vents. New construction or substantial improvement of any structure in Zones A and AE that meets the development standards of § 335-9.6, including the elevation requirements of § 335-9.6H, I, or J and is elevated on posts, columns, piers, piles, or crawlspaces may be enclosed below the base flood elevation requirements provided all the following criteria are met or exceeded:
(2)
Enclosed areas shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of flood water. 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 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 flood waters 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.
O.
Bridges. New construction or substantial improvement of any bridge
in Zones A and AE 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 registered 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 § 335-9.6M; 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.
P.
Containment walls. New construction or substantial improvement of
any containment wall located within:
(1)
Zones A and AE 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 § 335-9.3K.
Q.
Wharves, piers, and docks. New construction or substantial improvement
of wharves, piers, and docks are permitted in Zones A and AE, in and
over water, and shall comply with all applicable local, state, and
federal regulations.
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:
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 so as 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.
The Board of Appeals of the City of Westbrook may, upon written
application of an aggrieved party, hear and decide appeals where it
is alleged that there is an error in any 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. The Board of Appeals may grant a variance
from the requirements of this article consistent with state law and
the following criteria:
A.
Variances shall not be granted within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
B.
Variances shall be granted only upon:
(1)
A showing of good and sufficient cause; and
(2)
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, public expense, or create
nuisances, cause fraud or victimization of the public, or conflict
with existing local laws or ordinances; and
(3)
A showing that the issuance of the variance will not conflict
with other state, federal, or local laws or ordinances; and
(4)
A determination that failure to grant the variance would result
in "undue hardship," which in this subsection means:
(a)
That the land in question cannot yield a reasonable return unless
a variance is granted; and
(b)
That the need for a variance is due to the unique circumstances
of the property and not to the general conditions in the neighborhood;
and
(c)
That the granting of a variance will not alter the essential
character of the locality; and
(d)
That the hardship is not the result of action taken by the applicant
or a prior owner.
C.
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.
D.
Variances may be issued for new construction, substantial improvements,
or other development for the conduct of a functionally dependent use
provided that:
E.
Variances may be issued for the repair, reconstruction, rehabilitation,
or restoration of historic structures upon the determination that:
(2)
The proposed repair, reconstruction, rehabilitation, or restoration
will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
G.
Any applicant who meets the criteria of §§ 335-9.9A through C and 335-9.9D, E, or F shall be notified by the Board of Appeals in writing over the signature of the Chairman of the Board of Appeals that:
(1)
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; and
(2)
Such construction below the base flood level increases risks
to life and property; and
(3)
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 municipality
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 municipality from any claims the applicant
may have against the municipality that are related to the use of land
located in a floodplain.
H.
Appeal procedure for administrative and variance appeals.
(1)
An administrative or variance appeal may be taken to the Board
of Appeals by an aggrieved party within 30 days after receipt of a
written decision of the Code Enforcement Officer or Planning Board.
(2)
Upon being notified of an appeal, the Code Enforcement Officer
or Planning Board, as appropriate, shall transmit to the Board of
Appeals all of the documents constituting the record of the decision
appealed from.
(3)
The Board of Appeals shall hold a public hearing on the appeal
within 35 days of its receipt of an appeal request.
(4)
The person filing the appeal shall have the burden of proof.
(5)
The Board of Appeals shall decide all appeals within 35 days
after the close of the hearing and shall issue a written decision
on all appeals.
(6)
The Board of Appeals shall submit to the Code Enforcement Officer
a report of all variance actions, including justification for the
granting of the variance and an authorization for the Code Enforcement
Officer to issue a flood hazard development permit, which includes
any conditions to be attached to said permit.
(7)
Any aggrieved party who participated as a party during the proceedings
before the Board of Appeals may take an appeal to Superior Court in
accordance with state laws within 45 days from the date of any decision
of the Board of Appeals.
A.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this article pursuant to Title 30-A MRSA § 4452.
B.
The penalties contained in Title 30-A MRSA § 4452 shall
apply to any violation of this article.
C.
In addition to any other actions, the Code Enforcement Officer, upon
determination that a violation exists, may submit a declaration to
the Administrator of the Federal Insurance Administration 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;
(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.
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.
See "base flood."
A structure which is on the same parcel of property as a
principal structure and the use of which is incidental to the use
of the principal structure.
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Structures that are used exclusively for agricultural purposes
or uses in connection with the production, harvesting, storage, raising,
or drying of agricultural commodities and livestock. Structures that
house tools or equipment used in connection with these purposes or
uses are also considered to have agricultural purposes or uses.
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 § 335-9.1 of this article.
A flood having a 1% chance of being equaled or exceeded in
any given year, commonly called the 100-year flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See "structure."
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
article.
A person certified under Title 30-A MRSA, Section 4451 (including
exceptions in subsection 4451, paragraph 1) and employed by a municipality
to enforce all applicable comprehensive planning and land use laws
and ordinances.
A wall surrounding all sides of an above ground tank to contain
any spills or leaks.
Any man-made change to improved or unimproved real estate.
This includes, but is not limited to, buildings or other structures;
mining, dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials; and the storage, deposition,
or extraction of materials.
A nonbasement building that is:
Built, in the case of a building in Zones A or AE, 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 Zones A or AE, 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 flood waters, as required in § 335-9.6N.
An official form (FEMA Form FF-206-FY-22-152, as amended)
that is used to verify compliance with the floodplain management regulations
of the National Flood Insurance Program.
A manufactured home park or subdivision that was recorded
in the deed registry prior to the adoption date of the community's
first floodplain management regulations.
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
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.
See "Flood Elevation Study."
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.
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.
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.
Any land area susceptible to being inundated by water from
any source (see "flood or flooding").
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.
See "regulatory floodway."
The lines marking the limits of floodways on federal, state,
and local floodplain maps.
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.
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.
Any structure that is:
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; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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 described in § 335-
9.6N of this article.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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 § 335-9.6L, 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.
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 has been called "1929
Mean Sea Level (MSL)".
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.
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 the vertical data 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.
A vehicle which is:
Built on a single chassis;
400 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; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The channel of a river or other water course 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
a designated height, and,
When not designated on the community's Flood Insurance
Rate Map, it is considered to be the channel of a river or other water
course 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.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See "Area of Special Flood Hazard."
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.
For floodplain management purposes, a walled and roofed building.
A gas or liquid storage tank that is principally above ground is also
a structure.
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.
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:
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
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.
A grant of relief by a community from the terms of a floodplain
management regulation.
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).
The degree of flood protection required by this article is considered
reasonable but does not imply total flood protection.
