As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A small detached structure that is incidental and subordinate
to the principal structure.
ADJACENT GRADE
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
AREA OF SPECIAL FLOOD HAZARD
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 §
105-1 of this chapter.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year, commonly called the "100-year flood."
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
CODE ENFORCEMENT OFFICER
A person certified under 30-A M.R.S.A. § 4451 (including exceptions in § 4451, Subsection
1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
ELEVATED BUILDING
(1)
A nonbasement building:
(a)
Built, in the case of a building in Zone 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
(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 Zone AE or A, "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 §
105-6L.
ELEVATION CERTIFICATE
An official form (FEMA Form 81-31, 02/06, 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:
(a)
The overflow of inland or tidal waters.
(b)
The unusual and rapid accumulation or runoff of surface waters
from any source.
(2)
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.
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 shipbuilding 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 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.
LOCALLY ESTABLISHED DATUM
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.
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 §
105-6L 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 §
105-6J, 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 vertical datum whose standard was established
in 1929 and 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 (NAND)
The national datum whose standard was established in 1988
and 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 vertical datum 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 watercourse and the adjacent
land areas that must he 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 aboveground 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
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:
(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 an historic
structure, and a variance is obtained from the community's Board of
Appeals.
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.