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TOWN OF
FLOODPLAIN MANAGEMENT ORDINANCE
Final Draft:
Adopted
FLOODPLAIN
MANAGEMENT ORDINANCE
CONTENTS
ARTICLE PAGE
I. PURPOSE
AND ESTABLISHMENT.................................................................................. 2
II. PERMIT
REQUIRED........................................................................................................... 2
III. APPLICATION
FOR PERMIT............................................................................................ 2
IV. APPLICATION
FEE AND EXPERT'S FEE........................................................................ 4
V. REVIEW
STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT
APPLICATIONS................................................................................................................. 4
VI. DEVELOPMENT
STANDARDS........................................................................................ 5
VII. CERTIFICATE
OF COMPLIANCE.................................................................................... 9
VIII. REVIEW
OF SUBDIVISIONS AND DEVELOPMENT PROPOSALS............................. 9
IX. APPEALS
AND VARIANCES.......................................................................................... 10
X. ENFORCEMENT
AND PENALTIES............................................................................... 12
XI. VALIDITY
AND SEVERABILITY.................................................................................... 12
XII. CONFLICT
WITH OTHER ORDINANCES.................................................................... 12
XIII. DEFINITIONS................................................................................................................... 12
XIV. ABROGATION................................................................................................................. 12
ARTICLE I - PURPOSE AND ESTABLISHMENT
Certain areas of the Town of
Therefore, the Town of
It is the intent of the Town of
The Town of
The National Flood Insurance Program,
established in the aforesaid Act, provides that areas of the Town of
The areas of special flood hazard, are identified by the Federal Emergency Management
Agency in a map entitled “Flood Hazard Boundary Map -
ARTICLE II - PERMIT REQUIRED
Before any construction or other
development (as defined in Article XIII), including the placement of
manufactured homes, begins within any areas of special flood hazard established
in Article I, a Flood Hazard Development Permit shall be obtained from the Code
Enforcement Officer. This permit shall
be in addition to any other permits which may be required pursuant to the codes
and ordinances of the Town of
ARTICLE III - APPLICATION FOR PERMIT
The application for a Flood Hazard
Development Permit shall be submitted to the Code Enforcement Officer and shall
include:
A. The
name, address and phone number of the applicant, owner, and contractor;
B. An
address and a map indicating the location of the construction site;
C. A
site plan showing location of existing and/or proposed development, including
but not limited to structures, sewage disposal facilities, water supply
facilities, areas to be cut and filled, and lot dimensions;
D. A
statement of the intended use of the structure and/or development;
E. A
statement of the cost of the development including all materials and labor;
F. A
statement as to the type of sewage system proposed;
G. Specification
of dimensions of the proposed structure and/or development;
[Items
H-K.2. apply only to new construction and substantial
improvements.]
H. The elevation in relation to the National
Geodetic Vertical Datum (NGVD), or to a locally established datum, of the:
1. base flood at the
proposed site of all new or substantially improved structures, which in Zone A
is determined:
a. from any base flood elevation data from
federal, state, or other technical sources (such as FEMA’s
Quick-2 model, FEMA 265/July 1995), including information obtained pursuant to
Article VI.J. and VIII.D.;
b. from the contour elevation extrapolated from a best fit analysis
of the floodplain boundary when overlaid onto a USGS Quadrangle Map or other
topographic map prepared by a Professional Land Surveyor or registered
professional engineer, if the floodplain boundary has a significant correlation
to the elevation contour line(s); or, in the absence of all other data,
c. 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.
I. A description of an elevation reference
point established on the site of all developments for which elevation standards
apply as required in Article VI;
J. A written certification by a Professional
Land Surveyor, registered professional engineer or architect, that the base
flood elevation and grade elevations shown on the application are accurate;
K. The following certifications as required in
Article VI by a registered professional engineer or architect:
1. a
Floodproofing Certificate (FEMA Form 81-65, 01/03, as amended), to verify that
the floodproofing methods for any non-residential
structures will meet the floodproofing criteria of
Article III.H.4.; Article VI.G.; and other applicable standards in Article VI;
2. a Hydraulic Openings Certificate to verify that engineered
hydraulic openings in foundation walls will meet the standards of Article
VI.K.2.a.;
3. a certified statement that bridges will meet the standards
of Article VI.L.;
4. a certified statement that containment walls will meet the
standards of Article VI.M.;
L. A description of the extent to which any
water course will be altered or relocated as a result of the proposed
development; and,
M. A
statement of construction plans describing in detail how each applicable
development standard in Article VI will be met.
ARTICLE IV - APPLICATION FEE AND EXPERT'S FEE
A non-refundable application fee of $25.00 for
all minor development and $35.00 for all new construction or substantial
improvements shall be paid to the Wales Town Clerk or Code Enforcement Officer
and a copy of a receipt for the same shall accompany the application.
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 ordinance and be grounds for the issuance of a stop work order. An expert shall not be hired by the
municipality at the expense of an applicant until the applicant has either
consented to such hiring in writing or been given an opportunity to be heard on
the subject. An applicant who is
dissatisfied with a decision to hire expert assistance may appeal that decision
to the Board of Appeals.
ARTICLE V - REVIEW STANDARDS FOR FLOOD HAZARD
DEVELOPMENT PERMIT APPLICATIONS
The Code Enforcement Officer shall:
A. Review all applications for the Flood Hazard
Development Permit to assure that proposed developments are reasonably safe
from flooding and to determine that all pertinent requirements of Article VI
(Development Standards) have been, or will be met;
B. Utilize, in the review of all Flood Hazard
Development Permit applications:
1. the base flood and floodway data contained in the
"Flood Hazard Boundary Map -
2. in
special flood hazard areas where base flood elevation and floodway 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 technical sources, including information obtained pursuant to Article
III.H.1.; Article VI.J.; and Article VIII.D., in order to administer Article VI
of this Ordinance; and,
3. when the community establishes a base flood elevation in a
Zone A by methods outlined in Article III.H.1., the community shall submit that
data to the Maine Floodplain Management Program in the State Planning Office.
C. Make interpretations of the location of
boundaries of special flood hazard areas shown on the maps described in Article
I of this Ordinance;
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. 1344;
E. Notify adjacent municipalities, the
Department of Environmental Protection, and the Maine Floodplain Management
Program in the State Planning Office prior to any alteration or relocation of a
water course and submit copies of such notifications to the Federal Emergency Management
Agency;
F. If the application satisfies the
requirements of this Ordinance, approve the issuance of one of the following
Flood Hazard Development Permits based on the type of development:
1. 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 Elevation Certificate completed
by a Professional Land Surveyor, registered professional engineer or architect
based on the Part I permit construction, “as built”, for verifying compliance
with the elevation requirements of Article VI, paragraphs F, G, or H. Following review of the Elevation Certificate
data, which shall take place within 72 hours of receipt of the application, the
Code Enforcement Officer shall issue Part II of the Flood Hazard Development
Permit. Part II shall authorize the
applicant to complete the construction project; or,
2. A
Flood Hazard Development Permit for Floodproofing of Non-Residential Structures
that are new construction or substantially improved non-residential structures
that are not being elevated but that meet the floodproofing
standards of Article VI.G.1.,2., and 3.
The application for this permit shall include a Floodproofing
Certificate signed by a registered professional engineer or architect; or,
3. A
Flood Hazard Development Permit for Minor Development for 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. Minor
development also includes, but is not limited to: accessory structures as provided
for in Article VI.I., 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 non-structural projects
such as bridges, dams, towers, fencing, pipelines, wharves and piers.
G. Maintain,
as a permanent record, copies of all Flood Hazard Development Permit
Applications, corresponding Permits issued, and data relevant thereto,
including reports of the Board of Appeals on variances granted under the
provisions of Article IX of this Ordinance, and copies of Elevation
Certificates, Floodproofing Certificates, Certificates of Compliance and
certifications of design standards required under the provisions of Articles
III, VI, and VII of this Ordinance.
ARTICLE VI - DEVELOPMENT STANDARDS
All developments in areas of special flood
hazard shall meet the following applicable standards:
A. All Development - All development shall:
1. be designed or modified and adequately anchored to prevent
flotation (excluding piers and docks), collapse or lateral movement of the
development resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
2. use construction materials that are resistant to flood
damage;
3. use construction methods and practices that will minimize
flood damage; and,
4. use electrical, heating, ventilation, plumbing, and air
conditioning equipment, and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during flooding conditions.
B. Water Supply -
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
C. Sanitary Sewage Systems - All new and replacement sanitary sewage
systems shall be designed and located to minimize or eliminate infiltration of
flood waters into the system and discharges from the system into flood waters.
D. On Site Waste Disposal Systems - On site waste disposal systems shall be
located and constructed to avoid impairment to them or contamination from them
during floods.
E. Watercourse Carrying Capacity - All development associated with altered or
relocated portions of a watercourse shall be constructed and maintained in such
a manner that no reduction occurs in the flood carrying capacity of the
watercourse.
F. Residential -
New construction or substantial improvement of any residential structure
located within 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 Article III.H.1.; Article V.B; or Article VIII.D.
G. Non Residential -
New construction or substantial improvement of any non-residential
structure located within 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 Article III.H.1.; Article V.B; or Article
VIII.D., or together with attendant utility and sanitary facilities shall:
1. be
floodproofed to at least one foot above the base
flood elevation utilizing information obtained pursuant to Article III.H.1.; Article
V.B; or Article VIII.D., so that below that elevation the structure is
watertight with walls substantially impermeable to the passage of water;
2. have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and,
3. be certified by a registered professional engineer or
architect that the floodproofing 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 Article III.K. and
shall include a record of the elevation above mean sea level to which the
structure is floodproofed.
H. Manufactured Homes - New or substantially improved manufactured
homes located within Zone A shall:
1. be
elevated such that the lowest floor (including basement) of the manufactured
home is at least one foot above the base flood elevation utilizing information
obtained pursuant to Article III.H.1.; Article V.B; or Article VIII.D.;
2. be
on a permanent foundation, which may be poured masonry slab or foundation
walls, with hydraulic openings, or may be reinforced piers or block supports,
any of which support the manufactured home so that no weight is supported by
its wheels and axles; and,
3. 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:
a. over-the-top ties anchored to the ground at the four corners of
the manufactured home, plus two additional ties per side at intermediate points
(manufactured homes less than 50 feet long require one additional tie per
side); or by,
b. frame ties at each corner of the home, plus
five additional ties along each side at intermediate points (manufactured homes
less than 50 feet long require four additional ties per side).
c. all components of the anchoring system
described in Article VI.H.3.a.& b. shall be capable of carrying a force of 4800 pounds.
I. Accessory Structures - Accessory Structures, as defined in Article XIII, located within Zone A, shall be exempt from the elevation criteria required in Article VI.F. & G. above, if all other requirements of Article VI and all the following requirements are met. Accessory Structures shall:
1. be 500 square feet or less and have a value less than $3000;
2. have unfinished interiors and not be used for human habitation;
3. have hydraulic openings, as specified in Article VI.K.2., in at least two different walls of the accessory structure;
4. be located outside the floodway;
5. when possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and,
6. have only ground fault interrupt electrical outlets. The electric service disconnect shall be
located above the base flood elevation and when possible outside the Special
Flood Hazard Area.
J. Floodways - Encroachments,
including fill, new construction, substantial improvement, and other
development shall not be permitted in a floodway which, in Zone A riverine areas, is 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, 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:
1. will not increase the water surface elevation of the base
flood more than one foot at any point within the community; and,
2. is consistent with the technical criteria contained in
Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study -
Guidelines and Specifications for Study Contractors, (FEMA 37/ January
1995, as amended).
K. Enclosed Areas Below the Lowest Floor -
New construction or substantial improvement of any structure in Zone A
that meets the development standards of Article VI, including the elevation
requirements of Article VI, paragraphs F, G, or H and is elevated on posts,
columns, piers, piles, "stilts," or crawlspaces may be enclosed below
the base flood elevation requirements provided all the following criteria are
met or exceeded:
1. Enclosed
areas are not "basements" as defined in Article XIII;
2. Enclosed
areas shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must
either:
a. be engineered and 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 below
the base flood elevation and 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 flood
waters automatically without any external influence or control such as human
intervention, including the use of electrical and other non-automatic
mechanical means;
3. The
enclosed area shall not be used for human habitation; and,
4. The
enclosed areas are usable solely for building access, parking of vehicles, or
storage.
L. Bridges -
New construction or substantial improvement of any bridge in Zone A
shall be designed such that:
1. when possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.; Article V.B; or Article VIII.D.; and
2. a registered professional engineer shall certify that:
a. the structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Article VI.J.; and
b. the foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.
M. Containment
Walls - New
construction or substantial improvement of any containment wall located within
Zone A shall:
1. have the containment wall elevated to at least one foot
above the base flood elevation utilizing information obtained pursuant to
Article III.H.1.; Article V.B.; or Article VIII.D.
2. have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
3. 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 Article
III.K.
N. Wharves, Piers and Docks - New construction or substantial improvement of wharves, piers, and docks are permitted in Zone A in and over water and seaward of the mean high tide if the following requirements are met:
1. wharves, piers, and docks shall comply with all applicable
local, state, and federal regulations; and
2. for commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.
ARTICLE VII - CERTIFICATE OF COMPLIANCE
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:
A. For New Construction or Substantial
Improvement of any elevated structure the applicant shall submit to the Code
Enforcement Officer, an Elevation Certificate completed by a Professional Land
Surveyor, registered professional engineer, or architect, for compliance with
Article VI, paragraphs F, G, or H.
B. The applicant shall submit written
notification to the Code Enforcement Officer that the development is complete
and complies with the provisions of this ordinance.
C. Within 10 working days, the Code Enforcement
Officer shall:
1. review the Elevation Certificate and the applicant’s written
notification; and,
2. upon
determination that the development conforms with the
provisions of this ordinance, shall issue a Certificate of Compliance.
ARTICLE VIII - REVIEW OF SUBDIVISION AND
DEVELOPMENT PROPOSALS
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 5
or more disturbed 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 elevations,
flood boundaries, and, in a riverine floodplain,
floodway data. These determinations
shall be based on engineering practices recognized by the Federal Emergency
Management Agency.
E. Any proposed development plan must include a
condition of plan approval requiring 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 Article VI of
this ordinance. Such requirement will be included in any deed, lease, purchase
and sale agreement, or document transferring or expressing an
intent to transfer any interest in real estate or structure, including
but not limited to a time-share interest.
The condition shall clearly articulate that the municipality may enforce
any violation of the construction requirement and that fact shall also be included
in the deed or any other document previously described. The construction requirement shall also be
clearly stated on any map, plat, or plan to be signed by the Planning Board or
local reviewing authority as part of the approval process.
ARTICLE IX - APPEALS AND VARIANCES
The Board of Appeals of the Town of Wales may,
upon written application of an aggrieved party, hear and decide appeals where
it is alleged that there is an error in any 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
Ordinance.
The Board of Appeals may grant a variance from
the requirements of this Ordinance consistent with state law and the following
criteria:
A. Variances shall not be granted within any designated regulatory flo