Town of Poland Maine - Chapter 7 Floodplain Management Standards

7-101 Short Title

This Chapter shall be known and cited as Floodplain Management Standards.

7-102 Purpose and Establishment

Certain areas of the Town of Poland, 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 Poland, 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, and as amended) as delineated in this Chapter and Code.

It is the intent of the Town of Poland, 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.

7-102.2 Establishment

The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the Town of Poland 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 Chapter establishes a Flood Hazard Development Permit System and Review Procedure for development activities in the designated flood hazard areas of the Town of Poland, Maine.

The areas of special flood hazard, Zones A and AE, are identified by the Federal Emergency Management Agency in a report entitled Flood Insurance Study - Town of Poland, Maine, (dated May 20, 1996 and as amended) with accompanying Flood Insurance Rate Map (dated May 20, 1996 and as amended) which are hereby adopted by reference and declared to be a part of this Chapter.

7-103 Permit Required

Before any construction or other development as defined in Chapter 14, including the placement of manufactured homes, begins within any areas of special flood hazard established in Section 7-102.2 a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer. This Permit shall be in addition to any other permits that may be required pursuant to this Code, ordinances and regulations of the Town of Poland, Maine.

7-104 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 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 Zone AE, from data contained in the Flood Insurance Study - Town of Poland, Maine, as described in 7-102.2; 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 flood-proofed.

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 State of Maine registered Land Surveyor, State of Maine registered Professional Engineer or Architect; or, for non-residential structures to be flood-proofed, a Flood-proofing Certificate (FEMA Form 81-65, 05/93, and as amended) completed by a State of Maine registered Professional Engineer or Architect. These Certificates verify that the elevations shown on the application are accurate;

K. Certifications as required in Section 7-107 by a State of Maine registered Professional Engineer or Architect that:

1. flood-proofing methods for any non-residential structures will meet the flood-proofing criteria of Section 7-104.H.4; Section 7-107.7; and other applicable standards in Section 7-107;

2. engineered hydraulic openings in foundation walls will meet the standards of Section

3. bridges will meet the standards of Section 7-107.13;

4. containment walls will meet the standards of Section 7-107.14.

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 Section 7-107 will be met.

7-106 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 Section 7-107 (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 Poland, Maine, as described in Section 7-102.2. 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 Section 7-104.H.1.b; Section 7-107.11; and Section 7-109.D, in order to administer Section 7-107 of this Chapter;

C. Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Section 7-102.2 of this Chapter;

D. In the review of Flood Hazard Development Permit applications, determine that all necessary permits have been obtained from those Federal, State, and local government agencies from which prior approval is required by Federal or State law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

E. Notify adjacent Municipalities, the Department of Environmental Protection, and the Maine 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 (2) 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 State of Maine registered Land Surveyor, State of Maine registered Professional Engineer or Architect based on the Part I permit construction , “as built,” for verifying compliance with the elevation requirements of Sections 7-107.6, 7 and 8. Following review of the Elevation Certificate data, which shall take place within seventy-two (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 Non-Residential Structures that are new construction or substantially improved non-residential structures that are not being elevated but that meet the flood-proofing standards of Section 7-107.7.A.1, 2, and 3. The application for this permit shall include a Flood-proofing Certificate signed by a State of Maine 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 than fifty (50) percent of the market value of the structure. Minor development also includes, but is not limited to: accessory structures as provided for Section 7-107.10, 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 Chapter 3-104 of this Code, and copies of Elevation Certificates, Flood-proofing Certificates, Certificates of Compliance and Certifications of Design Standards required under the provisions of Sections 7-104, 107 and 108 of this Chapter.

7-107 Development Standards

All developments in areas of special flood hazard shall meet the following applicable standards:

7-107.1 All Development

All development shall:

A. 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;

B. use construction materials that are resistant to flood damage;

C. use construction methods and practices that will minimize flood damage; and,

D. 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.

7-107.2 Water Supply

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

7-107.3 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.

7-107.4 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.

7-107.5 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.

7-107.6 Residential

New construction or substantial improvement of any residential structure located within:

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

B. Zone A shall have the lowest floor (including basement) elevated to at least one (1) foot above the base flood elevation utilizing information obtained pursuant to Section 7-104.H.1.b; Section 7-106.B; or Section 7-109.D.

7-107.7 Non Residential

New construction or substantial improvement of any non-residential structure located within:

A. Zone AE shall have the lowest floor (including basement) elevated to at least one (1) foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:

1. be flood-proofed to at least one (1) foot above the base flood elevation 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 State of Maine 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 Section 7-104.K. and shall include a record of the elevation above mean sea level to which the structure is flood-proofed.

1. Together with attendant utility and sanitary facilities meet the flood-proofing standards of Section 7-107.7.A.

7-107.8 Manufactured Homes

New or substantially improved manufactured homes located within:

1. be elevated such that the lowest floor (including basement) of the manufactured home is at least one (1) foot above the base flood elevation;

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 (4) corners of the manufactured home, plus two (2) additional ties per side at intermediate points (manufactured homes less than fifty (50) feet long require one (1) additional tie per side); or by,

b. frame ties at each corner of the home, plus five (5) additional ties along each side at intermediate points (manufactured homes less than fifty (50) feet long require four (4) additional ties per side).

c. all components of the anchoring system described in Section 7-107.8.A.3.a and b shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

1. be elevated on a permanent foundation, as described in Section 7-107.8.A.2, such that the lowest floor (including basement) of the manufactured home is at least one (1) foot above the base flood elevation utilizing information obtained pursuant to Section 7-104.H.1.b.; Section 7-106.B; or Section 7-109.D.; and

2. meet the anchoring requirements of Section 7-107.8.A.3.

7-107.9 Recreational Vehicles

Recreational Vehicles located within:

A. Zone AE shall either:

1. be on the site for fewer than one hundred eighty (180) consecutive days,

2. 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,

3. be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in Section 7-107.8.A

7-107.10 Accessory Structures

Accessory Structures, as defined in Chapter 14 located within Zones AE and A, shall be exempt from the elevation

criteria required in Section 7-107.6 and 7 above, if all other requirements of Section 7-107 and all the following

requirements are met. Accessory Structures shall:

A. be five hundred (500) square feet or less and have a value less than $3000;

B. have unfinished interiors and not be used for human habitation;

C. have hydraulic openings, as specified in Section 7-107.12.B, in at least two different walls of the

accessory structure;

D. be located outside the floodway;

E. 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,

F. 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.

7-107.11 Floodways

A. 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 Town of Poland, Flood Insurance Rate Map (dated May 20, 1996 and as amended), unless a Technical Evaluation certified by a State of Maine registered Professional Engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the Town of Poland during the occurrence of the base flood discharge.

B. In Zone AE 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 Section 7-107.11.C unless a Technical Evaluation certified by a State of Maine 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 (1) foot at any point within the Town of Poland; 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).

C. In Zones AE 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 floodplain as measured from the normal high water mark to the upland limit of the floodplain.

7-107.12 Enclosed Areas Below the Lowest Floor

New construction or substantial improvement of any structure in Zones AE and A that meets the development standards

of Section 7-107, including the elevation requirements of Section 7-107.6, 7 and 8 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:

A. Enclosed areas are not "basements" as defined in Chapter 14;

B. 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:

1. be engineered and certified by a State of Maine registered Professional Engineer or Architect; or,

2. meet or exceed the following minimum criteria:

a. a minimum of two (2) openings having a total net area of not less than one (1) square inch for every one (1) square foot of the enclosed area;

b. the bottom of all openings shall be no higher than one (1) foot above the lowest grade; and,

c. 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;

C. The enclosed area shall not be used for human habitation; and,

D. The enclosed areas are usable solely for building access, parking of vehicles, or storing of articles and equipment used for maintenance of the building.

7-107.13 Bridges

New construction or substantial improvement of any bridge in Zones AE and A shall be designed such that:

A. when possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one (1) foot above the base flood elevation; and

B. a State of Maine registered Professional Engineer shall certify that:

1. the structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Section 7-107.11; and

2. 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.

7-107.14 Containment Walls

New construction or substantial improvement of any containment wall located within:

A. Zones AE and A shall:

1. have the containment wall elevated to at least one (1) foot above the base flood elevation;

2. have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and,

3. be certified by a State of Maine 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 Section 7-104.K.

7-107.15 Wharves, Piers and Docks

New construction or substantial improvement of wharves, piers, and docks are permitted in Zones A and AE, in and

over water if the following requirements are met:

A. Wharves, piers, and docks shall comply with all applicable Federal, State, and local regulations; and

B. For commercial wharves, piers, and docks, a State of Maine registered Professional Engineer shall develop or review the structural design, specifications, and plans for the construction.

7-108 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, an Elevation Certificate completed by a State of Maine registered Land Surveyor, State of Maine registered Professional Engineer, or Architect, for compliance with Sections 7-107.6, 7, and 8.

B. The applicant shall submit written notification to the Code Enforcement Officer that the development is complete and complies with the provisions of this Chapter.

C. Within ten (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 Chapter, shall issue a Certificate of Compliance.

7-109 Review of Subdivision and Development Proposals

The Planning Board shall, when reviewing Subdivisions and other proposed developments that require review under

other Federal and State law, this Code, or local ordinances or regulations, and all projects on 5 (five) or more acres, or in the case of manufactured home parks divided into two (2) 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 Section 7-107 of this Chapter. 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.

(End of Chapter 7)