[Ord. of 3-3-2009(2)[1]; amended 6-16-2015]
The City is aware that certain areas of Belfast are subject
to periodic flooding, and that such flooding may cause damage to properties
in these areas. The City also is aware that relief to such flooding
is available in the form of flood insurance as authorized by the National
Flood Insurance Act of 1968.
The city 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 (PL 90-488, as amended)
as delineated in this article.
Further, it is the intent of the City to require the recognition
and evaluation of flood hazards in all official actions relating to
land use in floodplain areas having special flood hazards. The City
also has the legal authority to adopt land use and regulatory control
measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001-3007,
4352, 4401-4407, and 38 M.R.S.A. § 440.
The National Flood Insurance Program, established in the aforesaid
act, provides that areas of the City having a special flood hazard
be identified by the Federal Emergency Management Agency and that
floodplain management measures be applied in such flood hazard areas.
This article establishes a flood hazard development permit system
and review procedure for development activities in the designated
flood hazard areas of the city.
[1]
Editor's Note: This ordinance also amended former Art. II
in its entirety. Said Art. II contained provisions on flood hazard
reduction and was adopted 4-17-1990, as amended 12-7-2004 by Ord.
No. 25-2005.
[Ord. of 3-3-2009(2); amended 6-16-2015]
The areas of special flood hazard, Zones A, AE, and VE for the
Cty, identified by the Federal Emergency Management Agency in a report
entitled "Flood Insurance Study - Waldo County," dated July 6, 2015,
with accompanying "Flood Insurance Rate Map" (FIRM) dated July 6,
2015, with panels: 430E, 433E, 434E, 435E, 440E, 442E, 445E, 455E,
461E, 462E, 463E, 464E, and 610E derived from the county-wide digital
Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map,
Waldo County," are hereby adopted by reference and declared to be
a part of this article.
[Ord. of 3-3-2009(2)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, words and phrases used in this article shall have the same meaning as they have at common law and to give this article its most reasonable application. Also see definitions for all ordinances at Chapter 66 and shoreland zoning definitions at Chapter 82. Definitions for accessory structure, basement, code enforcement officer, and riverine are in Chapter 66.
The natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
A designated AO Zone on a community's Flood Insurance Rate
Map with a 1% 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.
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 section 78-32.
The flood having a one-percent chance of being equaled or
exceeded in any given year, commonly called the one-hundred-year flood.
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
article.
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.
[Added 6-16-2015]
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).
[Amended 6-16-2015]
A use, because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to section 78-94.
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, or drilling
operations; and the storage, deposition, or extraction of materials,
public or private sewage disposal systems or water supply facilities.
A non-basement building:
[Amended 6-16-2015]
Built, in the case of a building in Zones AE or A to have 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, 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 Zone AE, or A, the term "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 floodwater. In the case of Zone VE and Coastal
AE Zone, the term "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 Section 78-92(b)(2)c.
[Amended 8-4-2015] |
An official form (FEMA Form 81-31, as amended) that is used
to verify compliance with the floodplain management regulations of
the National Flood Insurance Program, and is required as a condition
for purchasing flood insurance.
[Amended 8-4-2015]
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.
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 Emergency Management Agency has delineated both the
special hazard areas and the risk premium zones applicable to the
community.
See "Flood elevation study."
Any land area susceptible to being inundated by water from
any source (see definition of "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, or 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.
Is 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.
As used in this chapter, means 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.
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 standards for VE Zones will be applied
in the Coastal AE Zone.
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 of Division 3, section 78-91.
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 longer 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 of 1929 or other datum to which base
flood elevations shown on a community's flood insurance rate map are
referenced.
As used in this chapter, means 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 section 78-89.6, 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 require
structures; and nonstructural projects such as bridges, dams towers,
fencing, pipelines, wharves, and piers.
[Amended 8-4-2015]
The national vertical datum, whose standard was established
in 1929, which is used by the National Flood Insurance Program (NFIP).
NGVD was based upon the mean sea level in 1929 and has been called
the "1929 Mean Sea Level (MSL)".
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.
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 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.
[Added 6-16-2015]
See "Base flood."
As used in this chapter, means a vehicle which is (a) built
on a single chassis; (b) 400 square feet or less when measured at
the largest horizontal projection, not including slideouts; (c) designed
to be self-propelled or permanently towable by a motor vehicle; and
(d) designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
[Amended 8-4-2015]
Regulatory floodway means 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.
In Zone A the regulatory floodway 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.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, 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 or floor, or other structural
part of the 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 repair, reconstruction, rehabilitation, addition or improvement
of a structure, the value of which equals or exceeds 50% of the market
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. In determining whether a development project
constitutes a substantial improvement, the total cost (value) of all
reconstructions, repairs, rehabilitations, additions, or other improvements
that have accrued over a five-year period, prior to the time of the
current application shall be considered. For purposes of this definition,
substantial improvement is considered to occur at the time the first
alteration of any wall, ceiling, floor, or structural part of the
building commences, whether or not that alteration affects the external
dimensions of the structure. This term includes structures which have
incurred substantial damage, regardless of actual repair work performed.
The term does not, however, include either:
[Amended 8-4-2015]
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to ensure safe living conditions; or
Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
The failure of a structure or other development to fully
comply with a community's floodplain management regulations or ordinance.
[Ord. of 3-3-2009(2)]
(a)Â
Responsibility for enforcement. It shall be the duty of the code
enforcement officer to enforce the provisions of this article pursuant
to 30-A M.R.S.A. § 4452.
(b)Â
Penalties. The penalties contained in 30-A M.R.S.A. § 4452
shall apply to any violation of this article.
(c)Â
Declaration requesting denial of flood insurance. 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 Emergency Management Agency requesting a denial of
flood insurance. The valid declaration shall consist of:
(1)Â
The name of the property owner and address or legal description
of the property sufficient to confirm its identity or location (map
and lot number);
(2)Â
A clear and unequivocal declaration that the property is in
violation of a cited state or local law, regulation, or ordinance;
(3)Â
A clear statement that the public body making the declaration
has authority to do so and a citation to that authority;
(4)Â
Evidence that the property owner has been provided notice of
the violation and the prospective denial of insurance; and
(5)Â
A clear statement that the declaration is being submitted pursuant
to section 1316 of the National Flood Insurance Act of 1968, as amended.
[Ord. of 3-3-2009(2)]
This article repeals and replaces any municipal ordinance previously
enacted to comply with the National Flood Insurance Act of 1968 (PL
90-488, as amended).
[Ord. of 3-3-2009(2)]
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:
(1)Â
For new construction or substantial improvement of any elevated structure, the applicant shall submit an elevation certificate completed by a professional land surveyor, registered professional engineer or architect for compliance with § 78-87, 78-88, 78-89, or 78-92; and for structures in Zones VE and Coastal AE (as defined), certification by a registered professional engineer or architect for compliance with § 78-92(b).
[Amended 6-16-2015; 8-4-2015]
(2)Â
The applicant shall submit written notification that the development
is complete and complies with the provisions of this section.
(3)Â
The code enforcement officer shall review the application within
10 working days of receipt of the application, and shall issue a certificate
of compliance, provided the development conforms to the provisions
of this section.
[Ord. of 3-3-2009(2)]
(a)Â
The Planning Board shall, when reviewing subdivisions and other proposed
developments that require review under 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, ensure that:
(1)Â
All such proposals are consistent with the need to minimize
flood damage.
(2)Â
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damages.
(3)Â
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(4)Â
All proposals include base flood elevation, flood boundaries,
and, in a riverine floodplain, floodway data. These determinations
shall be based on engineering practices recognized by the Federal
Emergency Management Agency.
[Amended 8-4-2015]
(b)Â
Any proposed development plan must include a condition of plan approval
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 Division 3 of this article. Such requirement will
be included in any deed, lease, purchase and sale agreement, or document
transferring or expressing an intent to transfer any interest in real
estate or structures, including but not limited to a timeshare interest.
The condition shall clearly articulate that the City may enforce any
violation of the construction requirements, and that fact shall also
be included in the deed or any other document described in this subsection.
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.
[Amended 6-16-2015]
[Ord. of 3-3-2009(2)]
(a)Â
The Zoning Board of Appeals may, upon written application of an aggrieved
party, hear and decide appeals where it is alleged that there is an
error in an order, requirement, decision, or determination made by,
or failure to act by the code enforcement officer or Planning Board
in the administration or enforcement of the provisions of this article.
(b)Â
A variance issued by the Zoning Board of Appeals shall be consistent
with state law and the following criteria:
[Amended 6-16-2015]
(1)Â
Variances shall not be granted within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(2)Â
Variances shall be granted only upon:
a.Â
A showing of good and sufficient cause;
b.Â
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, or public expense,
or create nuisances, cause fraud or victimization of the public, or
conflict with existing local laws or ordinances;
c.Â
A showing that the existence of the variance will not cause
a conflict with other state, federal or local laws or ordinances;
and
d.Â
A determination that failure to grant the variance would result
in undue hardship, which in this subsection means that:
1.Â
The land in question cannot yield a reasonable return unless
a variance is granted;
2.Â
The need for a variance is due to the unique circumstances of
the property and not to the general conditions in the neighborhood;
3.Â
The granting of a variance will not alter the essential character
or the locality; and
4.Â
The hardship is not the result of action taken by the applicant
or a prior owner.
(3)Â
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.
(4)Â
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:
(5)Â
Variances may be issued by a community for the repair, reconstruction,
rehabilitation, or restoration of historic structures upon a determination
that:
[Amended 6-16-2015;8-4-2015]
a.Â
The
development meets the criteria of Subsection b(2)(d)1 through 4 of
this section; and
b.Â
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.
(6)Â
Any applicant who meets the criteria of subsections (1)-(5)
of this section shall be notified by the Zoning Board of Appeals in
writing over the signature of the chair of the Board of Appeals that:
a.Â
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;
b.Â
Such construction below the base flood level increases risks
to life and property; and
c.Â
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 City 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 City from any claims the applicant may have against the
City that are related to the use of land located in a floodplain.
[Ord. of 3-3-2009(2); amended 6-16-2015]
The terms of this article (ordinance) shall not in any way impair
or remove the necessity of compliance with any other applicable rule,
ordinance, regulation, bylaw, permit, or provision of law. Where this
article imposes a greater restriction upon the use of land, buildings,
or structures, the provisions of this article shall control.
