[HISTORY: Adopted by the Special Town Meeting of the Town of Alfred 5-11-1998 by Art. 8[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 88.
Subdivision of land — See Ch. 148.
Zoning — See Ch. 160.
[1]
Editor's Note: This article also superseded former Ch. 107, Flood
Damage Prevention, adopted 6-21-1990 STM by Art. 7.
A.
Certain areas of the Town of Alfred, Maine are subject
to periodic flooding, causing serious damages to properties within these areas.
Relief is available in the form of federally subsidized flood insurance as
authorized by the National Flood Insurance Act of 1968.
B.
Therefore, the Town of Alfred, 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 the attached Floodplain Management
chapter.
C.
It is the intent of the Town of Alfred, 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.
This body 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.
E.
The National Flood Insurance Program, established in
the aforesaid Act, provides that areas of the Town of Alfred 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 Town of Alfred, Maine.
F.
The areas of special flood hazard, Zones A and AE, identified
by the Federal Emergency Management Agency in a report entitled "Flood Insurance
Study - Town of Alfred, Maine, York County," dated May 18, 1998, with accompanying
Flood Insurance Rate Map, dated May 18, 1998, is hereby adopted by reference
and declared to be a part of this chapter.
Before any construction or other development (as defined in § 107-13) begins within any areas of special flood hazard established in § 107-1, a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other building permits which may be required pursuant to the codes and ordinances of the Town of Alfred, Maine.
The application for a flood hazard development permit shall be submitted
to the Code Enforcement Officer and shall include (NOTE: Subsections H through
K apply only to new construction and substantial improvements.):
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 or replacement
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;
G.
Specification of dimensions of the structure and/or development;
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 substantially
improved structures, which is determined:
(a)
In Zone AE, from data contained in the Flood Insurance Study - Town of Alfred, Maine, as described in § 107-1; or
(b)
In Zone A, to be the elevation of the ground at the intersection
of the floodplain boundary and a line perpendicular to the shoreline which
passes along the ground through the site of the proposed building.
(2)
Highest and lowest grades at the site adjacent to the
walls of the building;
(3)
Lowest floor, including basement; and whether or not
such structures contain a basement; and
(4)
Level, in the case of nonresidential structures only,
to which the structure will be floodproofed.
I.
A description of an elevation reference point established
on the site of all substantially improved structures;
J.
A written certification by a professional land surveyor
that the elevations shown on the application are accurate;
L.
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development; and
A.
A nonrefundable application fee of $25 shall be paid
to the Town Clerk, 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 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 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 been given an opportunity to be heard on the subject.
An applicant who is dissatisfied with a decision of the Code Enforcement Officer
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 building sites are reasonably safe from flooding and to determine that all pertinent requirements of § 107-6 (Development standards) have or will be met;
B.
Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the Flood Insurance Study - Town of Alfred, Maine, as described in § 107-1. In special flood hazard areas where base flood elevation 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 sources, including information obtained pursuant to §§ 107-3H(1)(b), 107-6J and 107-8D, in order to administer § 107-6 of this chapter;
C.
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in § 107-1 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. 1334;
E.
Notify adjacent municipalities, the Department of Environmental
Protection, and the Maine Floodplain Management Program in the State Planning
Office prior to any alteration or relocation of a watercourse and submit copies
of such notifications to the Federal Emergency Management Agency;
F.
Issue one of the following flood hazard development permits
based on the type of development:
(1)
Issue a two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to raise a structure to and including the first horizontal floor two feet above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with a second elevation certificate completed by a professional land surveyor based on the Part I permit construction, as built, for verifying compliance with the elevation requirements of § 107-6F, G, or H. Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
(2)
Issue 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 § 107-6G(1)(a), (b), and (c). The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or
(3)
Issue a flood hazard development permit for minor development
for all development that is not new construction or a substantial improvement,
such as repairs, maintenance, or renovations, whose value is less than 50%
of the market value of the structure. Minor development also includes, but
is not limited to, 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,
towers, fencing, and pipelines.
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 § 107-9 of this chapter, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of §§ 107-3, 107-6 and 107-7 of this chapter.
The only permitted uses in special flood hazard areas are open space,
agriculture, timber harvesting, mining, farmers' markets, and private camp
sites. All developments in areas of special flood hazard shall meet the following
applicable standards:
A.
Substantial improvement of any structure and all other
development shall:
(1)
Be designed or modified and adequately anchored to prevent
flotation, collapse or lateral movement of the structure 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.
All replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems.
C.
All 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 shall be located and constructed
to avoid impairment to them or contamination from them during floods.
E.
All development shall be constructed and maintained in
such a manner that no reduction occurs in the flood-carrying capacity of any
watercourse.
F.
Replacement or substantial improvement of any residential
structure located within:
(1)
Zone AE shall have the lowest floor (including basement)
elevated to at least two feet above the base flood elevation.
(2)
Zone A shall have the lowest floor (including basement) elevated to at least two feet above the base flood elevation utilizing information obtained pursuant to § 107-3H(1)(b), 107-5B, or 107-8D.
G.
Replacement or substantial improvement of any nonresidential
structure located within:
(1)
Zone AE shall have the lowest floor (including basement)
elevated to at least two feet above the base flood elevation or, together
with attendant utility and sanitary facilities, shall:
(a)
Be floodproofed to at least two 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 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 § 107-3K 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 to at least two feet above the base flood elevation utilizing information obtained pursuant to § 107-3H(1)(b), 107-5B, or 107-8D, or together with attendant utility and sanitary facilities meet the floodproofing standards of § 107-6G(1).
H.
Replacement or substantially improved manufactured homes
located within:
(1)
Zone AE shall:
(a)
Be elevated on a permanent foundation such that the lowest
floor is at least two feet above the base flood elevation; and
(b)
Be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, or lateral movement.
[1]
Methods of anchoring may include, but are not limited
to:
[a]
Over-the-top ties anchored to the ground at the four corners
of the manufactured home, plus two additional ties per side at intermediate
points (Manufactured homes less than 50 feet long require one additional tie
per side.); or
[b]
By frame ties at each corner of the home, plus five additional
ties along each side at intermediate points. (Manufactured homes less than
50 feet long require four additional ties per side.)
[2]
All components of the anchoring system described in § 107-6H(1)(b)[1][a]
and [b] shall be capable of carrying a force of 4,800 pounds.
(2)
Zone A shall:
(a)
Be elevated on a permanent foundation such that the lowest floor is at least two feet above the base flood elevation utilizing information obtained pursuant to § 107-3H(1)(b), 107-5B, or 107-8D; and
(b)
Meet the requirements of § 107-6H(1)(b).
I.
Recreational vehicles located within Zone AE shall either:
(1)
Be on the site for fewer than 120 consecutive days;
(2)
Be fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions; or
(3)
Be permitted in accordance with the elevation and anchoring requirements for manufactured homes in § 107-6H(1)(a) and (b).
J.
Floodways.
(1)
In Zone AE, encroachments, including fill, new construction,
substantial improvement, and other development, shall not be permitted in
riverine areas, for which a regulatory floodway is designated on the community's
Flood Insurance Rate Map unless a technical evaluation certified by a registered
professional engineer is provided demonstrating that such encroachments will
not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2)
In Zone AE, riverine areas for which no regulatory floodway
is designated, encroachments, including fill, new construction, substantial
improvement, and other development, shall not be permitted 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:
(a)
Will not increase the water surface elevation of the
base flood more than one foot at any point within the community; and
(b)
Is consistent with the technical criteria contained in
Chapter 5, entitled "Hydraulic Analyses," Flood Insurance Study - Guidelines
and Specifications for Study Contractors (FEMA 37/January 1995, as amended).
(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. Encroachments, including fill, new construction, substantial improvement, and other development, shall not be permitted unless a technical evaluation certified by a registered professional engineer is provided meeting the requirements of § 107-6J(2)(a) and (b).
K.
Substantial improvement of any structure in Zones AE and A that meets the development standards of § 107-6, including the elevation requirements of § 107-6F, G, or H and is elevated on posts, columns, piers, piles, stilts, or crawl spaces 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 floodwater. Designs for meeting this requirement must either:
(a)
Be 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 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; and
(3)
The enclosed area shall not be used for human habitation;
and
(4)
The enclosed area may be used for building maintenance,
access, parking vehicles, or storing of articles and equipment used for maintenance
of the building.
No land in a special flood hazard area shall be occupied or used and
no structure which is replaced 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 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 elevation and, in a
riverine floodplain, floodway data.
E.
Any proposed development plan shall include a statement that the developer will require that structures on lots in the development be constructed in accordance with § 107-6 of this chapter and that 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 statement 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 Town of Alfred may, upon written application
of an aggrieved party, hear and decide appeals from determinations of the
Code Enforcement Officer in the administration 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; 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.
D.
Variances may be issued by a community for new construction,
substantial improvements, or other development for the conduct of a functionally
dependent use, provided that:
E.
Variances may be issued by a community 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.
F.
Any applicant who meets the criteria of § 107-9A through E 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;
(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.
G.
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.
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 determination that a violation exists, shall 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 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.
A.
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.
B.
ADJACENT GRADE
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT OFFICER
DEVELOPMENT
ELEVATED BUILDING
(1)
(a)
(b)
(2)
ELEVATION CERTIFICATE
FLOOD ELEVATION STUDY
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPLAIN MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FLOODWAY ENCROACHMENT LINES
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCALLY ESTABLISHED DATUM
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MINOR DEVELOPMENT
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
(1)
(2)
RIVERINE
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
As used in this chapter, the following terms shall have the meanings
indicated:
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
The land in the floodplain having a one-percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in § 107-1 of this chapter.
The flood having a one-percent chance of being equaled or exceeded
in any given year, commonly called the one-hundred-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 chapter.
Any person or board responsible for performing the inspection, licensing,
and enforcement duties required by a particular statute or ordinance.
Any change caused by individuals or entities to improved or unimproved
real estate, including but not limited to the construction of buildings or
other structures; the construction of additions or substantial improvements
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, public or private sewage
disposal systems or water supply facilities.
A non-basement building.
Built, in the case of a building in Zones AE or A, to have the top of
the elevated floor elevated above the ground level by means of pilings, columns,
post, piers, or stilts; 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 AE or A, “elevated building” also includes
a building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
An official form (FEMA Form 81-31, 05/93, as amended) that:
An examination, evaluation and determination of flood hazards and,
if appropriate, corresponding water surface elevations.
An official map of a community, on which the Administrator of the
Federal Insurance Administration 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 (1)(a) of this definition.
Any land area susceptible to being inundated by water from any source.
(See “flooding.”)
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 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:
An elevation established for a specific site to which all other elevations
at the site are referenced. This elevation is generally not referenced to
the National Geodetic Vertical Datum (NGVD) or any other established datum
and is used in areas where mean sea level data is too far from a specific
site to be practically used.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area 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 § 107-6 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, 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, or renovations, whose value is less than 50%
of the market value of the structure. It includes, but is not limited to,
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, towers,
fencing, and pipelines.
Structures for which the start of construction commenced on or after
the effective date of floodplain management regulations adopted by a community
and includes any subsequent improvements to such structures.
See “base flood.”
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light duty
truck; 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 one foot; and
When not designated on the community's Flood Insurance Rate Map
or Flood Boundary and Floodway 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 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, 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 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 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).