Town of Eastport, ME - Floodplain Ordinance

FLOODPLAIN MANAGEMENT ORDINANCE FOR

THE CITY OF EASTPORT, MAINE

ENACTED: Date: 10 April 2000

AMENDED: Date: 14 Aug 2000

Title: City Clerk Affix Seal

I. PURPOSE AND ESTABLISHMENT..….................................................................

II. PERMIT REQUIRED………………………...………………………..............……..

III. APPLICATION FOR PERMIT…………..…………………………........................

IV. APPLICATION FEE AND EXPERT’S FEE…..………………..............…......….

V. REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT

PERMIT APLICATIONS...........………….…...........……..............….................. .

VI. DEVELOPMENT STANDARDS…………………………………............……….…

VII. CONDITIONAL USE REVIEW……..……………………………............………...

VIII. CERTIFICATE OF COMPLIANCE…………………………….............…………

IX. REVIEW OF SUBDIVISIONS AND DEVELOPMENT PROPOSALS................ .

X. APPEALS AND VARIANCES…………………………………………..................

XI. ENFORCEMENT AND PENALTIES………………………………..............….…

XII. VALIDITY AND SEVERABILITY…………………………………............ ..........

XIII. CONFLICT WITH OTHER ORDINANCES…………………………......... ...…...

XIV. DEFINITIONS………………………………………………………...........……......

XV. ABROGATION…………………………………………………………..........…......

ARTICLE I - PURPOSE AND ESTABLISHMENT

Certain areas of the City of Eastport, Maine are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance authorized by the National Flood Insurance Act of 1968.

Therefore, the City of Eastport, Maine has chosen to become a participating community in 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 this Floodplain Management Ordinance.

It is the intent of the City of Eastport, 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.

The City of Eastport has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 30-A MRSA, Sections 3001-3007, 4352 and 4401-4407.

The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the City of Eastport having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood areas. This Ordinance establishes a Flood Hazard Development Permit system and review procedure for development activities in the designated flood hazard areas of the City of Eastport, Maine.

The areas of special flood hazard, Zones AE and/or VE, are identified by the Federal Emergency Management Agency in a report entitled “Flood Insurance Study - City of Eastport, Maine, Washington County,” dated December 3, 1987 with accompanying “Flood Insurance Rate Map” dated December 3, 1987, which are hereby adopted by reference and declared to be a part of this Ordinance.

ARTICLE II - PERMIT REQUIRED

Before any construction or other development (as defined in Article XIV), including the placement of manufactured homes, begins within any areas of special flood hazard establish Article I, a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer except as provided in Article VII. This permit shall be in addition to any other permit which may be required pursuant to the codes and ordinances of the City of Eastport, Maine.

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 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.3. apply only

to new construction and substantial improvements.]

H. The elevation in relation to the National Geodetic Vertical Datum (NGVD) of the:

1. base flood at the proposed site of all new or substantially improved structures which is

a. in Zones AE and VE from data contained in the “Flood Insurance Study City of Eastport,

Maine,” as described in Article I;

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 basement; and,

4. in the case of nonresidential structures only, level to which the structure will be flood proofed.

I . A description of an elevation reference point established on the site of all new or substantially improved structures;

J. Either an Elevation Certificate (FEMA Form 81-31, 03/97, as amended) completed by a Professional

Land Surveyor, registered professional engineer or architect; or, for nonresidential structures to be

flood proofed, a flood proofing Certificate (FEMA 81-65, 05/93, as amended) completed by a

registered professional engineer or architect. These Certificates verify that the elevations shown

on the application are accurate.

K. Certifications as required in Article VI by a registered professional engineer or an

1. flood proofing methods for any nonresidential structures will meet the flood proofing criteria

of Article III.H.4.; Article VI.G.; and other applicable) standards in Article VI;

2. construction in coastal high hazard areas, Zones VE, will meet the criteria of Article VI.P.; and

other applicable standards in Article VI;

3. engineered hydraulic openings in foundation walls will meet the standards Article VI.L.2.;

4. bridges will meet the standards of Article VI.M.;

5. containment walls will meet the standards of Article VI.N.

L. A description of the extent to which any water course that 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 nonrefundable application fee of $50 shall be paid to the City of Eastport 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 experts fee shall be paid in full by the applicant within 10 days after the City 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 of the Code Enforcement Officer may appeal that decision in writing to the Board of Appeals within 30 days

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, the base flood data contained in the “Flood Insurance Study - City of Eastport, Maine,” as described in Article 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 Article IX.D., in order to administer Article VI of this Ordinance;

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. 1334;

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. Issue one of the following Flood Hazard Development Permits based on the type of

1. 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 a second 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, H, or P. 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. Issue a Flood Hazard Development Permit for Flood proofing of nonresidential structures that

are new construction or substantially improved nonresidential structures that are not being

elevated but that meet the flood proofing standards of Article VI.G.l.a.,b., and c. The

application for this permit shall include a Flood proofing Certificate signed by a registered

professional engineer or architect or,

3. Issue a Flood Hazard Development Permit for Minor Development for all development that is not

new construction development or substantial improvement such as repairs, maintenance,

denovations, 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.J., 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.

For development that requires review and approval as a Conditional Use, as provided for in this Ordinance, the Flood Hazard Development Permit Application shall be acted upon by the Planning Board as required in Article VII.

G. Maintain, as 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 X of this Ordinance, and copies of Elevation Certificates, Flood proofing Certificates, Certificates of Compliance and certifications of design standards required under the provisions of Articles III, VI, and VIII 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,

a. 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 floodwaters 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 systems and discharges from the systems 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:

1. Zone AE shall have the lowest floor (including basement) elevated to at least one foot above

the base flood elevation.

2. Zone VE shall meet the requirements of Article VI.P.

G. Non Residential - New construction or substantial improvement of any nonresidential a structure located within:

1. Zone AE 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 flood proofed to at least one foot above the base flood elevation so that below that

elevation the structure is watertight with walls substantially impermeable to the passage

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 flood proofing 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 flood

2. Zone VE shall meet the requirements of Article VI.P.

H. Manufactured Homes - New or substantially improved manufactured homes located within:

a. be elevated such that the lowest floor (including basement) of the manufactured home

is at least one foot above the base flood elevation;

b. be on a permanent foundation, which may be poured masonry slab or foundation walls,

with hydraulic openings, or may be reinforced piers or supports, any of which support

the manufactured home so that no weight is supported by its wheels and axles; and,

c. 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 comers 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,

(2) frame ties at each comer 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).

(3) all components of the anchoring system described in Article VI.H. I.c.(1)&(2)

shall be capable of carrying a force of 4800 pounds.

2. Zone VE shall meet the requirements of Article VI.P.

I. Recreational Vehicles - Recreational Vehicles located within:

1. Zone AE shall either:

a. be on the site for fewer than 180 consecutive days,

b. be fully licensed and ready for highway use. A recreational vehicle is ready for highway

use if it is on its wheels or jacking system, is attached to the site only by quick disconnect

type utilities and security devices, and has no permanently attached additions; or

c. be permitted in accordance with the elevation and anchoring requirements for

"manufactured homes" in Article VI.H.I.

2. Zone VE shall meet the requirements of either Article VI.I. l.a. or b., or Article VI.P.

J. Accessory Structures - Accessory Structures, as defined in Article XIV, located within Zone AE, 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.L.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 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

1. In Zone 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 Insurance Rate 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 Zone AE riverine areas, for which no regulatory floodway is designated, encroachments,

including fill, new construction, substantial improvement, and other development shall not

be permitted in the floodway as determined in Article VI.K.3.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:

a. Will not increase the water surface elevation of the base flood more than one foot at

any point within the community; and,

b. 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).

1. In Zone AE riverine areas for which no regulatory floodway is designated, 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.

L. Enclosed Areas Below the Lowest Floor - New construction or substantial improvement of any structure in Zone AE 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 crawl spaces 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 XIV;

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 no higher than one foot above the lowest grade;