[HISTORY: Adopted by the Town Council of the Town of South Berwick 5-23-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES:
Aquifer protection — See Ch. 56.
Building construction — See Ch. 60.
Subdivision of land — See Ch. 121.
Zoning — See Ch. 140.
[1]
Editor's Note: This ordinance superseded former Ch. 77, Flood Damage
Prevention, adopted 5-11-1987, as amended. Also, the preface to this ordinance
provided as follows:
"Statement of Purpose and Intent.
"Certain areas of the Town of South Berwick, 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.
"Therefore, the Town of South Berwick, 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
Ordinance.
"It is the intent of the Town of South Berwick, 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.
"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
to 3007, 4352 and 4401 to 4407."
A.
The Town of South Berwick, Maine, elects to comply with
the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488,
as amended). The National Flood Insurance Program, established in the aforesaid
Act, provides that areas of the Town having a special flood hazard be identified
by the Federal Emergency Management Agency (FEMA) 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 South Berwick,
Maine.
B.
The areas of special flood hazard, Zones A, A1-30, AE,
AO, and AH, identified by FEMA in a report entitled "Flood Insurance Study
- Town of South Berwick, Maine, York County," dated December 5, 1984, with
accompanying Flood Insurance Rate Map, dated June 5, 1985, and Flood Boundary
and Floodway Map, dated June 5, 1985, is hereby adopted by reference and declared
to be a part of this chapter.
A.
Unless specifically defined below, words and phrases
used in this chapter shall have the same meaning 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 A SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
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 MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD-PRONE AREA
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
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
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.
A designated AO and AH zone on a community's Flood Insurance Rate
Map (FIRM) 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 § 77-1 of this chapter.
The flood having a 1% chance of being equalled 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.
A wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of
the building or supporting foundation system.
See "structure."
A document signed by the Code Enforcement Officer stating that a
structure is in compliance with all of the provisions of this chapter.
Any person or board responsible for performing the inspection, licensing,
and enforcement duties required by a particular statute or chapter.
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 nonbasement building:
Built, in the case of a building in Zones A1-30, AE, A, A99, AO, or
AH, 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 A1-30, AE, A, A99, AO, or AH, "elevated building"
also includes a building elevated by means of fill or solid foundation perimeter
walls less than three feet in height with openings sufficient to facilitate
the unimpeded movement of floodwaters.
An official form (FEMA Form 81-31, 05/90, 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.
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 ordinances,
grading ordinances, and erosion control ordinances) and other applications
of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
Any land area susceptible to being inundated by water from any source.
(See "flooding.")
Any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures
and contents.
See "regulatory floodway."
The lines marking the limits of floodways on federal, state, and
local floodplain maps.
A factor of safety usually expressed in feet above a flood level
for purposes of floodplain management. "Freeboard" tends to compensate for
the many unknown factors, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed, that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions.
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary of the Interior to
qualify as a registered historic district;
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary
of the Interior; or
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
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 § 77-7 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 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.
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."
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
In riverine areas is considered to be the channel of a river or other
water course and the adjacent land areas to a distance of 1/2 the width of
the floodplain, as measured from the normal high water mark to the upland
limit of the floodplain.
Relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
See "area of special flood hazard."
The date the building permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement,
substantial improvement or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of 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 a historic structure, provided that the alteration
will not preclude the structures's continued designation as a historic structure.
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.
Before any construction or other development (as defined in § 77-2), including the placement of manufactured homes, begins within any areas of special flood hazard established in § 77-1, 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 South Berwick, Maine.
The application for a flood hazard development permit shall be submitted
to the Code Enforcement Officer and shall include:
A.
The name and address of the applicant.
B.
An address and a map indicating the location of the construction
site.
C.
A site plan showing location of existing and/or proposed
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.
E.
A statement as to the type of sewage system proposed.
F.
Specification of dimensions of the proposed structure.
G.
The elevation, in relation to the National Geodetic Vertical
Datum (NGVD) or to a locally established datum in Zone A only, of the:
(1)
Base flood at the proposed site of all new or substantially
improved structures, which is determined:
(a)
In Zones A1-30, AE, AO, and AH, from data contained in the Flood Insurance Study - Town of South Berwick, Maine, as described in § 77-1; 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 proposed 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.
H.
A description of a base flood elevation reference point
established on the site of all new or substantially improved structures.
I.
A written certification by a registered land surveyor
that the elevations shown on the application are accurate.
K.
A description of the extent to which any water course
will be altered or relocated as a result of the proposed development.
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.
The Code Enforcement Officer shall:
A.
Review all applications for the flood hazard development permit to assure that proposed building sites are reasonably safe from flooding and to determine that all pertinent requirements of § 77-7, 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 South Berwick, Maine, as described in § 77-1. 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 § 77-4G(1)(b), § 77-7I and § 77-9D, in order to administer § 77-7 of this chapter.
C.
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in § 77-1 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 Office of Community Development prior to any alteration
or relocation of a watercourse.
F.
Issue a two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with an application for Part II of the flood hazard development permit and shall include an elevation certificate completed by a registered Maine surveyor for compliance with the elevation requirements of § 77-7F, G and H. Following review of the application, which review 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.
G.
Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of § 77-10 of this chapter, and copies of elevation certificates and certificates of compliance required under the provisions of § 77-8 of this chapter.
All developments in areas of special flood hazard shall meet the following
applicable standards:
A.
New construction or substantial improvement of any structure
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.
(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 new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems.
C.
All new and replacement sanitary sewage systems shall
be designed and located to minimize or eliminate infiltration of floodwaters
into the system and discharges from the system into floodwaters.
D.
On-site waste disposal systems 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.
New construction or substantial improvement of any residential
structure located within:
(1)
Zones A1-30, AE, and AH shall have the lowest floor (including
basement) elevated to at least one foot above the base flood elevation.
(2)
Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from the proposed structures.
(4)
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to § 77-4G(1)(b), 77-6B or 77-9D.
G.
New construction or substantial improvement of any nonresidential
structure located within:
(1)
Zones A1-30, AE, and AH shall have the lowest floor (including
basement) elevated to at least one foot above the base flood elevation or,
together with attendant utility and sanitary facilities, shall:
(a)
Be floodproofed to at least one foot above the base flood
level so that below that elevation the structure is watertight with walls
substantially impermeable to 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 § 77-4J, and shall include a record of the elevation above mean sea level of the lowest floor, including basement.
(2)
Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from them.
(3)
(4)
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to § 77-4G(1)(b), 77-6B or 77-9D.
H.
New or substantially improved manufactured homes located
within:
(1)
Zones A1-30, AE, or AH shall:
(a)
Be elevated on a permanent foundation so that the lowest
floor is at least one foot above the base flood elevation; and
(b)
Be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, or lateral movement. Methods of anchoring
may include but are not limited to:
[1]
Over-the-top ties anchored to the ground at the four
corners of the manufactured home, plus two additional ties per side at intermediate
points (homes less than 50 feet long require one additional tie per side);
or
[2]
Frame ties at each corner of the home, plus five additional
ties along each side at intermediate points (homes less than 50 feet long
require four additional ties per side).
(2)
Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from them.
(3)
Zone AO shall have the lowest floor (including basement)
elevated above the highest adjacent grade:
(a)
At least one foot higher than the depth specified in
feet on the community's Flood Insurance Rate Map; or
(b)
At least three feet if no depth number is specified;
and
(c)
Meet the requirements of § 77-7H(1)(a) and (b).
(4)
Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to § 77-4G(1)(b), 77-6B or 77-9D.
I.
Floodways.
(1)
In Zones A1-30 and 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 Boundary and Floodway Map, unless a technical evaluation
certified by a registered professional engineer is provided demonstrating
that such encroachments will not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2)
In Zones A1-30 and 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 will not increase
the water surface elevation of the base flood more than one foot at any point
within the community.
(3)
In Zone A riverine areas, in which the regulatory floodway is determined to be the channel of the river or other water course 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, 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 § 77-7I(2).
J.
New construction or substantial improvement of any structure in Zones A1-30, AE, AO, AH, and A that meets the development standards of § 77-7, including the elevation requirements of § 77-7F, G, or H, and is elevated on posts, columns, piers, piles, "stilts," or crawlspaces less than three feet in height may be enclosed below the elevation requirements, provided that all the following criteria are met or exceeded:
(1)
Walls, with the exception of crawlspaces less than three
feet in height, shall not be part of the structural support of the building.
(3)
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.
(4)
The enclosed area shall not be used for human habitation.
(5)
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 constructed or substantially improved shall be occupied
until a certificate of compliance is issued by the Code Enforcement Officer
subject to the following provisions:
B.
The application for a certificate of compliance shall
be submitted by the applicant in writing along with a completed elevation
certificate to the Code Enforcement Officer.
C.
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 that the building conforms with the provisions of
this chapter.
The Planning Board shall, when reviewing subdivisions and other proposed
developments that require review under other federal law, state law or local
ordinances or regulations and all projects on five or more 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 § 77-7 of this chapter and that such requirement will be included in any deed, lease, 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 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 South Berwick, Maine, may, upon
written application of an aggrieved party, hear and decide appeals from determinations
of the Planning Board or 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;
(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, or additional threats to public safety, public expense, or
create nuisances, cause fraud or victimization of the public, or conflict
with existing local laws or ordinances;
(3)
A showing that the existence 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;
(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;
(c)
That the granting of a variance will not alter the essential
character or 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:
F.
Any applicant who meets the criteria of § 77-10A 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.
(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 Planning Board
and 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, or ordinance.
(3)
A 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.
(5)
A clear statement that the declaration is being submitted
pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.
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.
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).
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.