As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY STRUCTURE
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.
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
AGRICULTURAL 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.
AREA OF SHALLOW FLOODING
A designated AO Zone on a community's Flood Insurance Rate
Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one-percent-or-greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in §
116-1 of this chapter.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the "one-hundred-year
flood."
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL
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.
CERTIFICATE OF COMPLIANCE
A document signed by the Code Enforcement Officer stating
that a structure is in compliance with all of the provisions of this
chapter.
COASTAL AE ZONE
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 are applied to development,
new construction, and substantial improvements in the Coastal AE Zone.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources. Coastal high hazard areas are designated as Zone
VE and Zone AE bounded by a line labeled “Limit of Moderate
Wave Action” (LiMWA) on a Flood Insurance Rate Map (FIRM).
CODE ENFORCEMENT OFFICER
A person certified under Title 30-A M.R.S.A. Section 4451
(including exceptions in Section 4451, Paragraph 1) and employed by
the Town of Wells to administer and enforce this chapter and other
local ordinances.
DEVELOPMENT
Any man-made 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.
ELEVATED BUILDING
(1)
A nonbasement building:
(a)
Built, in the case of a building in Zones AE,
A, or AO, to have the top of the elevated floor, or in the case of
a building in Zone VE, to have the bottom of the lowest horizontal
structural member of the elevated floor, elevated above the ground
level by means of pilings, columns, post, piers, or stilts; and
(b)
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.
(2)
In the case of Zones AE, A, or AO, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters, as required in §
116-6N. In the case of Zone VE, "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 § 116-R(3)(b)[3].
ELEVATION CERTIFICATE
An official form (FEMA Form FF-206-FY-22-152, as amended)
that:
(1)
Is used to verify compliance with the floodplain
management regulations of the National Flood Insurance Program; and
(2)
Is required for purchasing flood insurance.
FLOOD OR FLOODING
(1)
A general and temporary condition of partial
or complete inundation of normally dry land areas from:
(2)
The overflow of inland or tidal waters.
(3)
The unusual and rapid accumulation or runoff
of surface waters from any source.
(4)
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.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and contents.
FLOODWAY ENCROACHMENT LINES
The lines marking the limits of floodways on federal, state,
and local floodplain maps and any subsequent amendments thereto (including,
without limitation, a Letter of Map Revision Case No. 24-01-0143P,
dated July 18, 2024).
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed, that
could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HISTORIC STRUCTURE
Any structure that is:
(1)
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;
(2)
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;
(3)
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
(4)
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(a)
By an approved state program as determined by
the Secretary of the Interior; or
(b)
Directly by the Secretary of the Interior in
states without approved programs.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
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 standards for VE Zones will
be applied in the Coastal AE Zone.
LOCALLY ESTABLISHED DATUM
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) of 1929, North American Vertical Datum (NAVD),
or any other established datum and is used in areas where mean sea
level data is too far from a specific site to be practically used.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements described in §
116-6N of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical
Datum (NAVD), or other datum, to which base flood elevations shown
on a community's Flood Insurance Rate map are referenced.
MINOR DEVELOPMENT
All development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to: accessory structures as provided for in §
116-6L, 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.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
The national geodetic vertical datum, whose standard was
established in 1929, which is used by the National Flood Insurance
Program (NFIP). NGVD was based upon mean sea level in 1929 and also
has been called "1929 Mean Sea Level (MSL)."
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of the initial floodplain management
regulations adopted by a community and includes any subsequent improvements
to such structures.
NORTH AMERICAN VERTICAL DATUM (NAVD)
The national datum whose standard was established in 1988,
which is the new vertical datum used by the National Flood Insurance
Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based
upon 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.
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured
at the largest horizontal projection, not including slideouts;
(3)
Designed to be self-propelled or permanently
towable by a motor vehicle; and
(4)
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
REGULATORY FLOODWAY
(1)
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 one foot; and
(2)
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
one-half the width of the floodplain, as measured from the normal
high water mark to the upland limit of the floodplain.
RIVERINE
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
START OF CONSTRUCTION
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, or modification of
any construction element, whether or not that alteration affects the
external dimensions of the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building.
A gas or liquid storage tank that is principally above ground is also
a structure.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Effective July 17, 2024, any singular or successive repairs,
reconstructions, rehabilitations, additions, or other improvements
of a structure, the cumulative cost (value) of which equals or exceeds
50% of the market value of the structure before the start of construction
of the first improvement undertaken over the life of the structure.
This term "substantial improvement" includes structures which have
incurred substantial damage, regardless of the actual repair work
performed. The term does not, however, include either:
(1)
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
(2)
Any alteration of an 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 Zoning
Board of Appeals.
(3)
Any record of cumulative cost (value) prior to July 17, 2024,
shall no longer be applicable.
VARIANCE
A grant of relief by a community from the terms of a floodplain
management regulation.
VIOLATION
The failure of a structure or development to comply with
a community's floodplain management regulations.