[HISTORY: Adopted by the City Council of
the City of Saco 3-3-1998; amended in its entirety 5-20-2024. Subsequent amendments noted where applicable.]
A.
Certain areas of the City of Saco, 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 Saco, 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 Floodplain Management
Ordinance.
C.
It is the intent of the City of Saco, 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 Saco has the legal authority to adopt land use and control
measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001
through 3007, 4352, and 4401 through 4407, and 38 M.R.S.A. § 440.
Title 30-A M.R.S.A. Sections 3001-3007, 4352, 4401-4407, and Title
38 M.R.S.A. Section 440.
E.
The National Flood Insurance Program, established in the aforesaid
Act, provides that areas of the City of Saco 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 chapter establishes a flood hazard development permit
system and review procedure for development activities in the designated
flood hazard areas of the City of Saco, Maine.
F.
The areas of special flood hazard, Zones A, AE, and VE for the City
of Saco, York County, Maine, identified by the Federal Emergency Management
Agency in a report entitled "Flood Insurance Study - York County,
Maine" dated July 17, 2024, with accompanying "Flood Insurance Rate
Map" dated July 17, 2024, as amended, and Flood Boundary and Floodway
Map dated, January 5, 2006, which are hereby adopted by reference
and declared to be a part of this chapter.
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 § 106-14), including the placement of manufactured homes, begins within any areas of special flood hazard established in § 106-1, a flood hazard development permit shall be obtained from the Code Enforcement Officer except as provided in § 106-7. This permit shall be in addition to any other permits, which may be required pursuant to the codes and ordinances of the City of Saco, 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.
H.
The elevation in relation to the National Geodetic Vertical Datum
(NGVD), 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 and VE from data contained in the "Flood Insurance Study - York County, Maine," as described in § 106-1; 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 §§ 106-6K and 106- 9D; or
[2]
In the absence of all data described in § 106-3H(1)(b)[1], information to demonstrate that the structure shall meet the elevation requirement in § 106-6H(2)(b), I(2)(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 building; and
(5)
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 § 106-6.
K.
The following certifications as required in § 106-6 by a registered professional engineer or architect:
(3)
A hydraulic opening certificate to verify that engineered hydraulic openings in the foundation walls will meet the standards of § 106-6N(2)(a).
L.
A description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
A.
An application fee as established in the City's Cost Recovery
Ordinance[1] shall be paid to the Finance Department, and a copy of
a receipt for the same shall accompany the application. Any application
reviews, either by City staff or other professionals retained by the
City, shall be conducted in accordance with the provisions of the
Cost Recovery Ordinance.
B.
An additional fee may be charged if the Code Enforcement Officer,
Planning Board, and/or Board of Appeals need the assistance of a professional
engineer or other expert. The expert's fee shall be paid in full
by the applicant within 10 days after the City submits a bill to the
applicant. Failure to pay the bill shall constitute a violation of
the chapter 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 has been given an opportunity to be heard on the subject.
An applicant who is dissatisfied with the 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 § 106-6 (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 York County, Maine," as described in § 106-1;
(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 §§ 106- 3H(1)(b)[1], 106-6M and § 106-9D, in order to administer § 106-6 of this chapter; and
(3)
When the community establishes a base flood elevation in a Zone A
by methods outlined in § 106- 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 § 106-1 of this chapter.
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 chapter, 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, on the Part I permit construction, for verifying compliance with the elevation requirements of § 106-6 H, I, J, or R. 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 § 106-6I(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 § 106-6L, 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 § 106-10 of this chapter and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of §§ 106-3, 106-6 and 106-8 of this chapter.
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.
Utilities. New construction or substantial improvement of any structure
(including manufactured homes) located within:
(1)
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 three feet 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 Zones AE and VE 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.
(a)
If the professional engineer determines, through the use of
engineering judgment, that the project would not necessitate a letter
of map revision (LOMAR), 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.
(2)
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-LOMAR) 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 (LOMAR) shall be initiated.
(3)
If the hydrologic and hydraulic analysis performed shows a change
to the base flood elevation, zone, and/or the flood hazard boundary
line, as soon as practicable, 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 three feet above the base flood elevation.
(2)
Zone A shall have the lowest floor (including basement) elevated:
(a)
At least three feet above the base flood elevation utilizing information obtained pursuant to §§ 106-3H(1)(b)[1], 106-5B or 106-9D; or
(b)
In the absence of all data described in § 106-6H(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 three feet above the base flood elevation or, together
with attendant utility and sanitary facilities, shall:
(a)
Be floodproofed to at least three feet 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 § 106-3K 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 three feet above the base flood elevation utilizing information obtained pursuant to §§ 106-3H(1)(b)[1], 106-5B, or 106-9D; or
(b)
In the absence of all data described in § 106-6I(2)(a), to at least two feet above the highest adjacent grade to the structure; or
(c)
Together with attendant utility and sanitary facilities, be floodproofed to three feet above the elevation established in § 106-6I(2)(a) or (b) and meet the floodproofing standards of § 106-6I(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 three feet 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
[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 § 106-6J(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 § 106-6J(1)(b) such that the lowest floor (including basement) of the manufactured home is at least three feet above the base flood elevation utilizing information obtained pursuant to §§ 106-3H(1)(b)[1], 106-5B or 106-9D; or
(b)
In the absence of all data described in § 106-6J(2)(a), to at least two feet above the highest adjacent grade to the structure; and
(c)
Meet the anchoring requirements of § 106-6J(2)(a).
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
(2)
Zones VE and Coastal AE (as defined) shall meet the requirements of either § 106-6K(1)(a) and (b) or § 106-6R.
L.
Accessory structures. New construction or substantial improvement of accessory structures, as defined in § 106-14, shall be exempt from the elevation criteria required in § 106H and I above, if all other requirements of § 106-6 and all the following requirements are met:
(1)
Accessory structures located in Zones A and AE shall:
(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;
(g)
Have hydraulic openings, as specified in § 106-6N(2), in at least two different walls of the accessory structure; and
(h)
Be located outside the Coastal AE Zone.
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 or Flood Boundary and Floodway 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 AE and A riverine areas for which no regulatory floodway is designated, encroachments, including fill, new construction, substantial improvement and other development shall not be permitted in the floodway as determined in § 106-6M(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, AE and A riverine areas, for which no regulatory floodway
is designated, the regulatory floodway is determined to be the channel
of the river or other watercourse and the adjacent land areas to a
distance of 1/2 the width of the floodplain as measured from the normal
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 AE and A that meets the development standards of § 106-6, including the elevation requirements of § 106-6H, I, or J, and is elevated on posts, columns, piers, piles, stilts or crawlspaces may be enclosed below the base flood elevation requirements, provided that 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 floodwater. Designs for meeting this requirement must either:
(a)
Be engineered and certified by a registered professional engineer
or architect; or
(b)
Meet or exceed the following minimum criteria:
[1]
A minimum of two openings 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 floodwaters automatically without any external influence or control
such as human intervention, including the use of electrical and other
nonautomatic 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
located within Zones AE, A, and VE shall be designed such that:
(1)
When possible, the lowest horizontal member (excluding the pilings
or columns) is elevated to at least three feet above 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 § 106-6M; 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 walls located within:
(1)
Zones AE, A, and VE shall:
(a)
Have the containment wall elevated to at least three feet 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 § 106-3K.
Q.
Wharves, piers and docks. New construction or substantial improvement
of wharves, piers, and docks are permitted in and over water and seaward
of the mean high tide if the following requirements are met:
R.
Coastal floodplains.
(1)
New construction located within Zones AE and VE shall be located landward of the reach of mean high tide except as provided in § 106-6R(7).
(2)
New construction or substantial improvement of any structure located
within Zone VE or Coastal AE Zone 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 three feet above the base flood elevation.
Systems, fixtures, equipment, and components shall not be mounted
on or penetrate through walls intended to break away under flood loads.
[Amended 7-22-2024]
(3)
New construction or substantial improvement of any structure located
within Zone VE and Coastal AE Zones (as defined) shall:
(a)
Be elevated on posts or columns such that:
[1]
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the pilings or columns) is elevated to three
feet above the base flood elevation;
[2]
The pile or column foundation and the elevated portion of the
structure attached thereto is anchored to resist flotation, collapse
and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components; and
[3]
Water loading values used shall be those associated with the
base flood. Wind loading values used shall be those required by applicable
state and local building standards.
(b)
Have the space below the lowest floor:
[1]
Free of obstructions; or
[2]
Constructed with open wood latticework, or insect screening
intended to collapse under wind and water without causing collapse,
displacement or other structural damage to the elevated portion of
the building or supporting piles or columns; or
[3]
Constructed with nonsupporting breakaway walls which have a
design safe loading resistance of not less than 10 or more than 20
pounds per square foot.
(4)
The use of fill for structural support in Zone VE and Coastal AE
Zones is prohibited.
(5)
Human alteration of sand dunes within Zone VE and Coastal AE Zones
is prohibited unless it can be demonstrated that such alterations
will not increase potential flood damage.
(6)
The area below the lowest floor shall be used solely for parking
vehicles, building access and storage.
(7)
Conditional use. Lobster sheds and fishing sheds may be located seaward of mean high tide and shall be exempt from the elevation requirement in § 106-6I only if permitted as a conditional use following review and approval by the Planning Board, as provided in § 106-7, and if all the following requirements and those of § 106-6A, M, and N are met:
(a)
The conditional use shall be limited to low-value structures,
such as metal or wood sheds 200 square feet or less and shall not
exceed more than one story.
(b)
The structure shall be securely anchored to the wharf or pier
to resist flotation, collapse, and lateral movement due to the effect
of wind and water loads acting simultaneously on all building components.
(c)
The structure will not adversely increase wave or debris impact
forces affecting nearby buildings.
(d)
The structure shall have unfinished interiors and shall not
be used for human habitation.
(e)
Any mechanical, utility equipment and fuel storage tanks must
be anchored and either elevated or floodproofed to three feet above
the base flood elevation.
(f)
All electrical outlets shall be ground-fault interrupt type.
The electrical service disconnect shall be located on shore above
the base flood elevation and when possible, outside the special flood
hazard area.
The Planning Board shall hear and decide upon applications for
conditional uses provided for in this chapter. The Planning Board
shall hear, and approve, approve with conditions, or disapprove all
applications for conditional uses. An applicant informed by the Code
Enforcement Officer that a conditional use permit is required shall
file an application for the permit with the Planning Board.
A.
Review procedure for a conditional use flood hazard development permit.
(1)
The flood hazard development permit application with additional information
attached addressing how each of the conditional use criteria specified
in the chapter will be satisfied, may serve as the permit application
for the conditional use permit.
(2)
Before deciding any application, the Planning Board shall hold a
public hearing on the application within 30 days of its receipt of
the application.
(3)
If the Planning Board finds that the application satisfied all relevant
requirements of the chapter, the Planning Board must approve the application
or approve with conditions within 45 days of the date of the public
hearing.
(4)
A conditional use permit issued under the provisions of this chapter
shall expire if the work or change involved is not commenced within
180 days of the issuance of the permit by the Planning Board.
(5)
The applicant shall be notified by the Planning Board in writing
over the signature of the Chair of the Planning Board that flood insurance
is not available for structures located entirely over water or seaward
of mean high tide.
B.
Expansion of conditional uses.
(1)
No existing building or use of premises may be expanded or enlarged
without a permit issued under this section if that building or use
was established or constructed under a previously issued conditional
use permit or if it is a building or use which would require a conditional
use permit if being newly established or constructed under this chapter.
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:
B.
The applicant shall submit written notification to the Code Enforcement
Officer that the development is complete and complies with the provisions
of this chapter.
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 § 106-6 of this chapter. 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 Saco 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 in the
administration or enforcement of the provisions of this chapter. The
Board of Appeals may grant a variance from the requirements of this
chapter 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;
(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;
(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 section means that:
(a)
The land in question cannot yield a reasonable return unless
a variance is granted;
(b)
The need for a variance is due to the unique circumstances of
the property and not to the general conditions in the neighborhood;
(c)
The granting of a variance will not alter the essential character
of the locality; and
(d)
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 an
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 §§ 106-10A through C and 106-10D, E, or F shall be notified by the Board of Appeals, in writing, over the signature of the Chair 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;
(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.
I.
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 the 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 chapter pursuant to 30-A M.R.S.A. § 4452.
B.
The penalties contained in 30-A M.R.S.A. § 4452 shall apply
to any violation of this chapter.
C.
In addition to any other actions, the Code Enforcement Officer, upon
identifying a violation exists, may submit a declaration to the Federal
Insurance Administration requesting a flood insurance denial. 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 chapter is declared by the
courts to be invalid, such decision shall not invalidate any other
section or provision of this chapter.
This chapter 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 chapter imposes a greater
restriction upon the use of land, buildings or structures, the provisions
of this chapter shall control.
Unless specifically defined below, words and phrases used in
this chapter shall have the same meanings as they have at common law
and to give this chapter 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 § 106-1 of this chapter.
A flood having a 1% chance of being equaled or exceeded in
any given year, commonly called the "100-year flood."
Any area of a building that includes a floor that is subgrade
(below ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
See "structure."
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
chapter.
The portion of the coastal high hazard area with wave heights
between 1.5 feet and 3.0 feet and bounded by a line labeled the "limit
of moderate wave action" (LiMWA) on a Flood Insurance Rate Map (FIRM).
VE Zone floodplain construction standards apply to development, new
construction, and substantial improvements in the Coastal AE Zone.
A person certified under 30-A M.R.S.A. § 4451 (including
exceptions in § 4451, Paragraph 1) and employed by a municipality
to enforce all applicable comprehensive planning and land use laws.
A use that, because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to § 106-7.
A wall surrounding all sides of an aboveground 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 non-basement building that is:
Built, in the case of a building in Zone A or AE, so that the
top of the elevated floor or, in the case of a building in Zone VE
or Coastal AE Zone, to have the bottom of the lowest horizontal structural
member of the elevated floor, elevated above the ground level by means
of pilings, columns, posts, or piers; and
Adequately anchored to not 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 floodwaters, as required by § 106-6N. In the case of Zone VE and Coastal AE Zone, "elevated building" also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of § 106-6R(3)(b)[3].
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.
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 the 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:
The landward limit of the 1.5-foot breaking wave within a
Coastal AE Zone. These areas are bounded by a line labeled "limit
of moderate wave action" (LiMWA) on a Flood Insurance Rate Map (FIRM).
The LiMWA line delineates that portion of the special flood hazard
area (SFHA) landward of a VE Zone in which the principal sources of
flooding are astronomical high tides, storm surges, or tsunamis, not
riverine sources. These areas may be subject to wave effects, velocity
flows, erosion, scour, or combinations of these forces. The floodplain
development and construction for VE Zones will be applied in the Coastal
AE Zone.
For purposes of this chapter, 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 non-elevation design requirements described in § 106-6N of this chapter.
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 § 106-6L, 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, a standard established in 1929,
which is used by the National Flood Insurance Program (NFIP). NGVD
is based upon mean sea level in 1929 and has been called "1929 Mean
Sea Level" (MSL).
[Amended 7-22-2024]
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 that is:
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; 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 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
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 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.
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 that 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 slabs 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 basements,
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 an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure and a variance is obtained from the 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 chapter 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 the chapter is considered
reasonable but does not imply total flood protection.
