TABLE OF CONTENTS
ARTICLE PAGE
I. PURPOSE AND ESTABLISHMENT............................... 2
II. PERMIT REQUIRED......................................... 2
III. APPLICATION FOR PERMIT.................................. 3
IV. APPLICATION FEE AND EXPERT'S FEE........................ 4
V. REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS............................................ 5
VI. DEVELOPMENT STANDARDS................................... 7
VII. CONDITIONAL USE REVIEW..................................17
VIII. CERTIFICATE OF COMPLIANCE...............................18
IX. REVIEW OF SUBDIVISIONS AND DEVELOPMENT..................19
X. APPEALS AND VARIANCES...................................20
XI. ENFORCEMENT AND PENALTIES...............................22
XII. VALIDITY AND SEVERABILITY...............................23
XIII. CONFLICT WITH OTHER ORDINANCES..........................23
XIV. DEFINITIONS.............................................23
XV. ABROGATION..............................................30
FLOODPLAIN MANAGEMENT ORDINANCE
ARTICLE I - PURPOSE AND ESTABLISHMENT
Certain areas of the Town of Kennebunkport, Maine are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.
Therefore, the Town of Kennebunkport, 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 this Floodplain Management Ordinance.
It is the intent of the Town of Kennebunkport, 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 Town of Kennebunkport 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 Town of Kennebunkport 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 Ordinance
establishes a Flood Hazard Development Permit system and review
procedure for development activities in the designated flood
hazard areas of the Town of Kennebunkport, Maine.
The areas of special flood hazard, Zones A, A1 30, AO, and V1 30, are identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study Town of Kennebunkport, Maine, York County," dated July 4, 1988 with accompanying "Flood Insurance Rate Map" dated July 4, 1988 and "Flood Boundary and Floodway Map," dated April 18, 1983, 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 established in
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 permits which may be required pursuant to the codes and ordinances of the Town of Kennebunkport, 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 and 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 disposals 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.3. 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 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,AO,and V1 30, from data contained
in the "Flood Insurance Study Town of
Kennebunkport, Maine," as described in Article I;
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 non residential structures only,
to which the structure will be floodproofed;
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 non-residential structures to be floodproofed, a Floodproofing Certificate (FEMA Form 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 architect that:
1. 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. construction in coastal high hazard areas, Zones V1 30,
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 of 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 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 $50.00 shall be paid to the
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 of the Code Enforcement Officer may
appeal that decision to the Board of Appeals.
ARTICLE V REVIEW OF 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, 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 Kennebunkport, Maine," as
described in Article I. 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 III.H.1.b.; Article VI.K.; and
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 development:
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 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.a., b.,and c. The application for this permit shall include a Floodproofing 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 or a substantial improvement such as repairs, maintenance, renovations, or additions, whose value is less that 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 non-structural 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 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 X of this Ordinance, and copies of Elevation Certificates, Floodproofing Certificates, Certificates of Compliance and certifications of design standards required under the provisions of Article 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,
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:
1. Zones A1 30, shall have the lowest floor (including
basement) elevated to at least two feet above the base flood elevation.
2. Zones AO shall have adequate drainage paths around
structures on slopes, to guide floodwater away from the
proposed structures.
3. Zone AO shall have the lowest floor (including
basement) elevated above the highest adjacent grade:
a. at least two feet 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.
4. Zone A shall have the lowest floor (including basement)
elevated to at least two feet above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B.; or Article IX.D.
5. Zones V1 30 shall meet the requirements of
Article VI.P.
G. Non Residential - New construction or substantial
improvement of any non residential structure located within:
1. Zones A1 30 shall have the lowest floor (including
basement) elevated to at least two feet above the
base flood elevation, or together with attendant
utility and sanitary facilities shall:
a. be floodproofed to at least two feet 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 loans
and the effects of buoyancy; and,
c. 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.
2. Zones AO shall have adequate drainage paths around
structures on slopes, to guide floodwater away from the
proposed structures.
3. Zone AO shall have the lowest floor (including
basement) elevated above the highest adjacent grade:
a. at least two feet 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; or,
c. together with attendant utility and sanitary
facilities be floodproofed to meet the elevation
requirements of this section and floodproofing
standards of Article VI.G.1.
4. Zone A shall have the lowest floor (including
basement) elevated to at least two feet above the
base flood elevation utilizing information obtained
pursuant to Article III.H.1.b.; Article V.B.; or
Article IX.D., or
a. together with attendant utility and sanitary facilities meet the floodproofing standards of Article VI.G.l.
5. Zones V1 30 shall meet the requirements of
Article VI.P.
H. Manufactured Homes - New or substantially improved
manufactured homes located within:
1. Zones A1 30 shall:
a. be elevated such that the lowest floor (including
basement) of the manufactured home is at least two
feet 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 block
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 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,
(2) 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).
(3) All components of the anchoring system
described in Article VI H.1.c.(1)&(2) shall
be capable to carrying a force of 4800
pounds.
2. Zones AO shall have adequate drainage paths around structures on slopes, to guide floodwater away
from the proposed structures.
3. Zone AO shall have the lowest floor (including basement) of the manufactured home elevated above the highest adjacent grade:
a. at least two feet 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 Article VI.H.1.c.
4. Zone A shall:
a. be elevated on a permanent foundation, as
described in Article VI.H.1.b., such that the lowest floor (including basement)of the manufactured home is at least two feet above the base flood above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article IX.D.; and,
b. meet the anchoring requirements of Article
VI.H.1.c.
5. Zones V1 30 shall meet the requirements of Article VI.P.
I. Recreational Vehicles - Recreational Vehicles located
within:
1. Zones A1-30 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.1.
2. Zones V1-30 shall meet the requirements of either Article VI.I.1.a. or b., or Article VI.P.
J. Accessory Structures - Accessory Structures, as defined in Article XIV, located within Zones A1-30, AO, and A, shall be exempt from the elevation criteria required in Article VI.F. & G. above, if all other requirements or Article VI and all the following requirements are met. Accessory Structures shall:
1. be 500 square feet or less and have a value less that $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 the minimum resistance to the flow or floodwaters and be placed further from the source of flooding that 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.
K. Floodways
1. In Zones A1-30, 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 A 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).
3. In Zones A1-30 and A 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 flood plain 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 Zones A1 30, AO,and 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 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; 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 storing of articles and equipment used for maintenance of the building.
M. Bridges - New construction or substantial improvements of any bridge in Zones A1-30, AO, A, and V1-30 shall be designed such that:
1. when possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least two feet above the base flood elevation; 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.K.; 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.
N. Containment Walls - New construction or substantial improvement of any containment wall located within:
1. Zones A1-30, A, and V1-30 shall:
a. have the containment wall elevated to at least two feet above the base flood elevation;
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 Article III.K.
2. Zone AO shall have adequate drainage paths around
containment walls on slopes, to guide floodwater away
from the proposed walls.
3. Zone AO shall have the top of the containment wall
elevated above the highest adjacent grade:
a. at least two feet 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. shall meet the requirements of Article VI.N.1.b. & c.
O. Wharves, Piers and Docks - New construction or substantial
improvement of wharves, piers, and docks are permitted in
Zones A1-30, AO, A, and V1-30, 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.
P. Coastal Floodplains -
1. All new construction located within Zones V1 30, A, and V1-30 shall be located landward of the reach of the mean high tide except as provided in Article VI.P.6.
2. New construction or substantial improvement of any structure located within Zones VI 30 shall:
a. be elevated on posts or columns such that:
(1) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to two feet above the
base flood elevation;
(2) the pile or column foundation and the
elevated portion of the structure attached
thereto is anchored to resist flotation,
collapse, and lateral movement due to the
effects of wind and water loads acting
simultaneously on all building components;
and,
(3) water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state and local building standards.
b. have the space below the lowest floor:
(1) free of obstructions; or,
(2) constructed with open wood lattice work, or insect screening intended to collapse under
wind and water without causing collapse,
displacement, or other structural damage to
the elevated portion of the building or
supporting piles or columns; or,
(3) constructed with non supporting breakaway walls which have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
c. require a registered professional engineer or architect to:
(1) develop or review the structural design,
specifications, and plans for the
construction, which must meet or exceed the technical criteria contained in the Coastal Construction Manual,(FEMA 55/February, 1986); and,
(2) certify that the design and methods of
construction to be used are in accordance
with accepted standards of practice for
meeting the criteria of Article VI.P.2.
3. The use of fill for structural support in Zones V1 30 is prohibited.
4. Human alteration of sand dunes within Zones V1 30 is prohibited unless it can be demonstrated that such alterations will not increase potential flood damage.
5. The enclosed areas may be used solely for parking
vehicles, building access, and storage.
6. Conditional Use - Lobster sheds and fishing sheds located seaward of mean high tide shall be exempt from the elevation requirement in Article VI.G. and are permitted as a Conditional Use only upon review and approval by the Planning Board, as provided in Article VII, and if all the following requirements and those of Article VI.A., VI.K., and VI.L. are met:
a. The conditional use shall be limited to low value structures such as metal or wood sheds 200 square feet or less and shall not exceed more than one story.
b. The structure shall be securely anchored to the wharf or pier to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.
c. The structure will not adversely increase wave or debris impact forces affecting nearby buildings.
d. The structure shall have unfinished interiors and shall not be used for human habitation.
e. Any mechanical, utility equipment and fuel storage tanks must be anchored and either elevated or floodproofed to one foot above the base flood elevation.
f. All electrical outlets shall be ground fault interrupt type. The electrical service disconnect shall be located on shore above the base flood elevation and when possible outside the Special Flood Hazard Area.
ARTICLE VII - CONDITIONAL USE REVIEW
The Planning Board shall hear and decide upon applications for conditional uses provided for in this Ordinance. The Planning Board shall hear and approve, approve with conditions, or disapprove all applications for conditional uses. An applicant informed by the Code Enforcement Officer that a Conditional Use Permit is required shall file an application for the permit with the Planning Board.
1. Review Procedure for a Conditional Use Flood Hazard Development Permit
a. The Food Hazard Development Permit Application with additional information attached addressing how each of the conditional use criteria specified in the Ordinance will be satisfied may serve as the permit application for the Conditional Use Permit.
b. Before deciding any application, the Planning Board shall hold a public hearing on the application within thirty days of their receipt of the application.
c. If the Planning Board finds that the application satisfied all relevant requirements of the ordinance, the Planning Board must approve the application or approve with conditions within 45 days of the date of the public hearing.
d. A Conditional Use Permit issued under the provisions of this Ordinance shall expire if the work or change involved is not commenced within 180 days of the issuance of the permit by the Planning Board.
e. The applicant shall be notified by the Planning Board in writing over the signature of the Chairman of the Planning Board that flood insurance is not available for structures located entirely over water or seaward of mean high tide.
2. Expansion of Conditional Uses
a. No existing building or use of premises may be
expanded or enlarged without a permit issued under this section if that building or use was established or constructed under a previously issued Conditional Use Permit or if it is a building or use which would require a Conditional Use Permit if being newly-established or constructed under this Ordinance.
ARTICLE VIII 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 structure the applicant shall submit to the Code Enforcement Officer:
1. an Elevation Certificate completed by a Professional
Land Surveyor, registered professional engineer, or architect, for compliance with Article VI, paragraphs F, G, H, or P and,
2. for structures in Zones V1-30, certification by a registered professional engineer or architect that the design and methods of construction to be used are in compliance with Article VI.P.2.
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 IX 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 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 X APPEALS AND VARIANCES
The Board of Appeals of the Town of Kennebunkport may, upon
written application of an aggrieved party, hear and decide
appeals from determinations of the Code Enforcement Officer in
the administration 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 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; and,
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, 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; and,
3. a showing that the issuance of the variance will not
a 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
sub section means:
a. that the land in question cannot yield a
reasonable return unless a variance is granted;
and,
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; and,
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 for new construction, substantial
improvements, or other development for the conduct of a
functionally dependent use provided that:
1. other criteria of Article X and Article VI.K. are met;
and,
2. the structure or other development is protected by
methods that minimize flood damages during the base
flood and create no additional threats to public
safety.
E. Variances may be issued for the repair, reconstruction,
rehabilitation, or restoration of a Historic Structure upon
the determination that:
1. the development meets the criteria of Article X, paragraphs A. through D. above: and,
2. the proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
F. Any applicant who meets the criteria of Article X,
paragraphs A. 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;
3. such construction below the base flood level increases
risks to life and property; and,
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 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.
ARTICLE XI ENFORCEMENT AND PENALTIES
A. It shall be the duty of the Code Enforcement Officer to
enforce the provisions of this Ordinance pursuant to
Title 30-A MRSA, section 4452.
B. The penalties contained in 30-A MRSA, section 4452, shall
apply to any violation of this Ordinance.
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,
regulation, or ordinance;
3. a clear 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; and,
5. a clear statement that the declaration is being
submitted pursuant to Section 1316 of the National
Flood Insurance Act of 1968, as amended.
ARTICLE XII VALIDITY AND SEVERABILITY
If any section or provision of this Ordinance is declared by the
courts to be invalid, such decision shall not invalidate any
other section or provision of this Ordinance.
ARTICLE XIII CONFLICT WITH OTHER ORDINANCES
This 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 Ordinance imposes a greater restriction upon the use of
land, buildings, or structures, the provisions of this Ordinance
shall control.
ARTICLE XIV DEFINITIONS
Unless specifically defined below, words and phrases used in this
Ordinance shall have the same meaning as they have at common law
and to give this Ordinance 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.
Accessory Structure - means a small detached structure that is incidental and subordinate to the principal structure.
Adjacent Grade means the natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Area of a Shallow Flooding means a designated AO zone on
community's Flood Insurance Rate Map (FIRM) with a one percent 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.
Area of Special Flood Hazard means the land in the floodplain
having a one percent or greater chance of flooding in any given
year, as specifically identified in the Flood Insurance Study
cited in Article I of this Ordinance.
Base Flood means the flood having a one percent chance of being
equaled or exceeded in any given year, commonly called the
100 year flood.
Basement means any area of the building having its floor
subgrade (below ground level) on all sides.
Breakaway Wall means 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.
Building see Structure.
Certificate of Compliance A document signed by the Code
Enforcement Officer stating that a structure is in compliance
with all of the provisions of this Ordinance.
Code Enforcement Officer any person or board responsible for
performing the inspection, licensing, and enforcement duties
required by a particular statute or ordinance.
Conditional Use - means a use that because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to Article VII.
Development means 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.
Elevated Building means a non basement building
a. built, in the case of a building in Zones A1 30, A, AO, to
have the top of the elevated floor, or in the case of a
building in Zones V1-30, 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,
b. adequately anchored so as not to impair the structural
integrity of the building during a flood of up to one foot
above the magnitude of the base flood.
In the case of Zones A1 30, A, or AO, 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 flood waters. In the case of Zones V1-30, Elevated Building also includes a building otherwise meeting the definition of elevated building, even though the lower less
area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of Article VI.P.2.b.(3).
Elevation Certificate An official form (FEMA Form 81 31, 03/97,
as amended) that:
a. is used to verify compliance with the floodplain management
regulations of the National Flood Insurance Program; and,
b. is required for purchasing flood insurance.
Flood or Flooding means:
a. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface
waters from any source.
b. 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 paragraph a.1. of this definition.
Flood Elevation Study means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding
water surface elevations.
Flood Insurance Rate Map (FIRM) means an official map of a
community, on which of the Federal Insurance Administrator has
delineated both the special hazard areas and the risk premium
zones applicable to the community.
Flood Insurance Study - see Flood Elevation Study.
Floodplain or Flood prone Area means any land area susceptible
to being inundated by water from any source (see flooding.)
Floodplain Management means the operation of an overall program
of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood
control works, and floodplain management regulations.
Floodplain Management Regulations means zoning ordinances,
subdivision regulations, building codes, health regulations,
special purpose ordinances (such as a floodplain ordinance,
grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or
local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and
reduction.
Floodproofing means 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.
Floodway see Regulatory Floodway.
Floodway Encroachment Lines mean the lines marking the limits
of floodways on federal, state, and local floodplain maps.
Freeboard means a factor of safety usually expressed in feet
above a flood level for purposes of floodplain management.
Freeboard tends to compensate for the many unknown factors, such
as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed, that could contribute to flood
heights greater than the height calculated for a selected size
flood and floodway conditions.
Functionally Dependent Use 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 ship building and ship repair
facilities, but does not include long term storage or related
manufacturing facilities.
Historic Structure - means any structure that is:
a. Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
b. 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;
c. 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
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the
Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states
without approved programs.
Locally Established Datum means, for purposes of this
ordinance, 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.
Lowest Floor means 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 non elevation design requirements described in Article VI of this ordinance.
Manufactured Home means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management
purposes the term manufactured home also includes park trailers,
travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days.
Manufactured Home Park or Subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
Mean Sea Level means, 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.
Minor Development - 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 Article VI.J., mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction or 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.
National Geodetic Vertical Datum (NGVD) - means the national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)".
New Construction means 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.
100 year flood see Base Flood.
Recreational Vehicle - 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 temporary living quarters for recreational, camping,
travel, or seasonal use.
Regulatory Floodway -
a. means the channel of a river or other water course 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,
b. when not designated on the community's Flood Boundary and
Floodway Map, it is considered to the channel of a 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.
Riverine means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
Special Flood Hazard Area - see Area of Special Flood Hazard
Start of Construction means the date the building permit was
issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, substantial
improvement or other improvement was within 180 days of the
permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the
building.
Structure means, for floodplain management purposes, a walled
and roofed building. A gas or liquid storage tank that is
principally above ground is also a structure.
Substantial Damage - means, 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 percent of the market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds 50 percent 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:
a. 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
b. any alteration of a Historic Structure provided that the
alteration will not preclude the structures continued
designation as a historic structure, an a variance is
obtained from the Board of Appeals.
Variance - means, a grant of relief by a community from the terms
of a floodplain management regulation.
Violation - means, the failure of a structure or development to
comply with a community's floodplain management regulations.
ARTICLE XV ABROGATION
This ordinance repeals and replaces any municipal ordinance
previously enacted to comply with the National Flood Insurance
Act of 1968 (P.L. 90 488, as amended).
60.3(e)
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