FLOODPLAIN MANAGEMENT ORDINANCE

ARTICLE I - ESTABLISHMENT

THE TOWN OF MEXICO, MAINE ELECTS TO COMPLY WITH THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE ACT OF 1968 (P.L. 90-488, AS AMENDED). THE NATIONAL FLOOD INSURANCE PROGRAM, ESTABLISHED IN THE AFORESAID ACT, PROVIDES THAT AREAS OF THE TOWN HAVING A SPECIAL FLOOD HAZARD BE IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY 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 MEXICO, MAINE.

THE AREAS OF SPECIAL FLOOD HAZARD, ZONES A, A1-130 IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN A REPORT ENTITLED "FLOOD INSURANCE STUDY - TOWN OF MEXICO, MAINE, OXFORD COUNTY," DATED MAY 15, 1981 WITH ACCOMPANYING "FLOOD INSURANCE RATE MAP" AND IS 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 X111), INCLUDING THE PLACEMENT OF MANUFACTURED HOMES, BEGINS WITHIN ANY AREAS OF SPECIAL FLOOD HAZARD ESTABLISHED IN ARTICLE I, A FLOOD HAZARD DEVELOPMENT PERMIT SHALL BE OBTAINED FROM THE CODE ENFORCEMENT OFFICER. THIS PERMIT SHALL BE IN ADDITION TO ANY OTHER BUILDING PERMITS WHICH MAY BE REQUIRED PURSUANT TO THE CODES AND ORDINANCES OF THE TOWN OF MEXICO, 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 OF THE APPLICANT;

B. AN ADDRESS AND A MAP INDICATING THE LOCATION OF THE CONSTRUCTION SITE;

C. A SITE PLAN SHOWING LOCATION OF EXISTING AND/OR PROPOSED STRUCTURES, SEWAGE DISPOSAL FACILITIES, WATER SUPPLY FACILITIES, AREAS TO BE CUT AND FILLED, AND THE DIMENSIONS OF THE LOT;

D. A STATEMENT OF THE INTENDED USE OF THE STRUCTURE;

E. A STATEMENT AS TO THE TYPE OF SEWAGE SYSTEM PROPOSED;

F. SPECIFICATION OF DIMENSIONS OF THE PROPOSED STRUCTURE;

G. THE ELEVATION IN RELATION TO THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) 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 FROM DATA CONTAINED IN THE "FLOOD INSURANCE STUDY - TOWN OF MEXICO, 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;

H. A DESCRIPTION OF A BASE FLOOD ELEVATION REFERENCE POINT ESTABLISHED ON THE SITE OF ALL NEW OR SUBSTATIALLY IMPROVED STRUCTURES;

I. A WRITTEN CERTIFICATION BY A REGISTERED MAINE LAND SURVEYOR THAT THE ELEVATIONS SHOWN ON THE APPLICATION ARE ACCURATE;

J. CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR ARCHITECT THAT FLOODPROOFING METHODS FOR ANY NON-RESIDENTIAL STRUCTURES WILL MEET THE FLOODPROOFING CRITERIA OF ARTICLE III, PARAGRAPH G.4; ARTICLE VI, PARAGRAPH G; AND OTHER APPLICABLE STANDARDS IN ARTICLE VI;

K. A DESCRIPTION OF THE EXTENT TO WHICH ANY WATER COURSE WILL BE ALTERED OR RELOCATED AS A RESULT OF THE PROPOSED DEVELOPMENT; AND,

L. 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 TOWN CLERK AND A COPY OF A RECEIPT FOR THE SAME SHALL ACCOMPANY THE APPLICATION.

AN ADDITIONAL FEE MAY BE CHARGED IF THE CODE ENFORCEMENT OFFICER 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

CODE ENFORCEMENT OFFICER:

A. REVIEW ALL APPLICATIONS FOR THE FLOOD HAZARD DEVELOPMENT PERMIT TO ASSURE THAT PROPOSED BUILDING SITES ARE REASONABLY SAFE FROM FLOODING AND TO DETERMINE THAT ALL PERTINENT REQUIREMENTS OF 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 MEXICO, 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 III, PARAGRAPH G. 1.b; ARTICLE VI, PARAGRAPH I; AND ARTICLE VIII, PARAGRAPH 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 APPLICATION, 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 STATE PLANNING OFFICE PROR TO ANY ALTERATION OR RELOCATION OF A WATER COURSE;

F. ISSUE A TWO PART FLOOD HAZARD DEVELOPMENT PERMIT FOR ELEVATED STRUCTURES. PART I SHALL AUTHORIZE THE APPLICANT TO BUILD A STRUCTURE TO AND INCLUDING THE FIRST HORIZONTAL FLOOR ONLY ABOVE THE BASE FLOOD LEVEL. AT THAT TIME THE APPLICANT SHALL PROVIDE THE CODE ENFORCEMENT OFFICER WITH AN APPLICATION FOR PART II OF THE FLOOD HAZARD DEVELOPMENT PERMIT AND SHALL INCLUDE AN ELEVATION CERTIFICATE COMPLETED BY A REGISTERED MAINE SURVEYOR FOR COMPLIANCE WITH THE ELEVATION REQUIREMENTS OF ARTICLE VI, PARAGRAPHS F, G, H, AND K. FOLLOWING REVIEW OF THE APPLICAITON, WHICH REVIEW SHALL TAKE PLACE WITHIN 72 HOURS OF RECEIPT OF THE APPLICATION, THE CODE ENFORCEMENT OFFICER SHALL ISSUE PART II OF THE FLOOD HAZARD DEVELOPMENT PERMIT. PART II SHALL AUTHORIZE THE APPLICANT TO COMPLETE THE CONSTRUCTION PROJECT; AND,

G. MAINTAIN, AS A PERMANENT RECORD, COPIES OF ALL FLOOD HAZARD DEVELOPMENT PERMITS ISSUED AND DATA RELEVANT THERETO, INCLUDING REPORTS OF THE BOARD OF APPEALS ON VARIANCES GRANTED UNDER THE PROVISIONS OF ARTICLE IX OF THIS ORDINANCE, AND COPIES OF ELEVATION CERTIFICATES AND CERTIFICATES OF COMPLIANCE REQUIRED UNDER THE PROVISIONS OF ARTICLE VIII OF THIS ORDINANCE.

ARTICLE VI - DEVELOPMENT STANDARDS

ALL DEVELOPMENTS IN AREAS OF SPECIAL FLOOD HAZARD SHALL MEET THE FOLLOWING APPLICABLE STANDARDS:

A. NEW CONSTRUCTION OR SUBSTANTIAL IMPROVEMENT OF ANY STRUCTURE SHALL:

1. BE DESIGNED OR MODIFIED AND ADEQUATELY ANCHORED TO PREVENT FLOTAION, COLLAPSE OR LATERAL MOVEMENT OF THE STRUCTURE RESULTING FROM HYDRODYNAMIC AND HYDROSTATIC LOADS, INCLUDING THE EFFECTS OF BUOYANCY;

2. USE CONSTRUCTION MATERIALS THAT ARE RESISTANT TO FLOOD DAMAGE;

3. USE CONSTRUCTION METHODS AND PROCTICES 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 ENTERIN OR ACCUMULATING WITHIN THE COMPONENTS DURING CONDITONS OF FLOODING.

B. ALL NEW AND REPLACEMENT WATER SUPPLY SYSTEMS SHALL BE DESIGNED TO MINIMIZE OR ELIMINATE INFILTRATION OF FLOOD WATERS INTO THE SYSTEMS.

C. ALL NEW AND REPLACEMENT SANITARY SEWAGE SYSTEMS SHALL BE DESIGNED AND LOCATED TO MINIMIZE OR ELIMINATE INFILTRATION OF FLOOD WATER INTO THE SYSTEM AND DISCHARGES FROM THE SYSTEMS INTO FLOOD WATERS.

D. ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED AND CONSTRUCTED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODS.

E. ALL DEVELOPMENT SHALL BE CONSTRUCTED AND MAINTAINED IN SUCH A MANNER THAT NO REDUCTION OCCURS IN THE FLOOD CARRYING CAPCAITY OF ANY WATER COURSE.

F. 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 ONE FOOT ABOVE THE BASE FLOOD ELEVATION.

2. ZONE A SHALL HAVE THE LOWEST FLOOR (INCLUDING BASEMENT) ELEVATED TO AT LEAST ONE FOOT ABOVE THE BASE FLOOD ELEVATION UTILIZING INFORMATION OBTAINED PURSUANT TO ARTICLE III, PARAGRAPH G.1.b.; ARTICLE V, PARAGRAPH B; OR ARTICLE VIII, PARAGRAPH D.

G. NEW CONTRUCTION 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 ONE FOOT ABOVE THE BASE FLOOD ELEVATION, OR TOGETHER WITH ATTENDANT UTILITY AND SANITARY FACILITIES SHALL:

a. BE FLOODPROOFED TO AT LEAST ONE FOOT ABOVE THE BASE FLOOD LVEL 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 GYDRODYNAMIC 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, PARAGRAPH J AND SHALL INCLUDE A RECORD OF THE ELEVATION ABOVE MEAN SEA LEVAL OF THE LOWEST FLOOR INCLUDING BASEMENT.

2. ZONE A SHALL HAVE THE LOWEST FLOOR (INCLUDING BASEMENT) ELEVATED TO AT LEAST ONE FOOT ABOVE THE BASE FLOOD ELEVATION UTILIZING INFORMAITON OBTAINED PURSUANT TO ARTICLE III, PARAGRAPH G.1.b.; ARTICLE V, PARAGRAPH B; OR ARTICLE VIII, PARAGRAPH D.

H. NEW OR SUBSTANTIALLY IMPROVED MANUFACTURED HOMES LOCATED WITHIN:

1. ZONES A1-30, SHALL:

a. BE ELEVATED ON A PERMANENT FOUNDATION SUCH THAT THE LOWEST FLOOR IS AT LEAST ONE FOOT ABOVE THE BASE FLOOD ELEVATION; AND,

b. BE SECURELY ANCHORED TO AN ADEQUATELY ANCHORED FOUNDATION SYSTEM TO RESIST FLOTATION, COLLAPSE, OR LATERAL OMVEMENT. 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 NAMUFACTURE HOME, PLUS TOW ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS (MANUFACTURED HOME LESS THAN 50 FEET LONG REQUIRE ONE ADDITIONA 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 HOME LESS THAN 50 FEET LONG REQUIRE FOUR ADDITIONAL TIES PER SIDE).

(3) ALL COMPONENTS OF THE ANCHORING SYSTEM DESCRIBED IN ARTICLE VI, PARAGRAPH H.1 AHALL BE CAPABLE OF CARRYING A FORCE OF 4800 POUNDS.

I. RECREATIONAL VEHICLES LOCATED WITHIN:

1. ZONES A1-A30, AH, AND AE SHALL EITHER:

a. BE ON THE SITE FOR FEWER THAN 180 CONSECUTIVE DAYS,

b. BE FULLY LICENSES 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 UTILITES AND SECURITY DEVICES, AND HAS NO PERMANENTLY ATTACHED ADDITIONS; OR,

c. MEET THE PERMIT REQUIREMENTS OF ELEVATION AND ANCHORING REQUIREMENTS FOR "MANUFACTURED HOME" IN ARTICLE VI. H. a & b.

J. FLOODWAYS:

1. IN ZONES A1-30 AND AE ENCROACHMENTS, INCLUDING FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENT, AND OTHER DEVELOPMENT SHALL NOT BE PERMITTED IN RIVERINE AREAS, FOR WHICH A REGULATORY FLOODWAY IS DESIGNATED ON THE COMMUNITY'S "FLOOD BOUNDARY AND FLOODWAY MAP,"UNLESSS A TECHNICAL EVALUATION CERTIFIED BY A REGISTERED PROFESSIONAL ENGINEER IS PROVIDED DEMONSTRATING THAT SUCH ENCROACHMENTS WILL NOT RESULT IN ANY INCREASE IN FLOOD LEVELS WITHIN THE COMMUNITY DURING THE OCCURRENCE OF THE BASE FLOOD DISCHARGE.

2. IN ZONES A1-30 AND AE REVERINE AREAS, FOR WHICH NO REGULATORY FLOODWAY IS DESIGNATED, ENCROADCHMENTS, INCLUDING FILL, NEW CONSTRUTION, SUBSTANTIAL IMPROVEMENT, AND OTHER DEVELOPMENT SHALL NOT BE PERMITTED UNLESS A TECHNICAL EVALUATION CERTIFIED BY A REGISTERED PROFESSIONAL ENGINEER IS PROVIDED DEMONSTRATING THAT THE CUMULATIVE EFFECT OF THE PROPOSED DEVELOPMENT, WHEN COMBINED IWTH ALL OTHER EXISTING DEVELOPMENT AND ANTICIPATED DEVELOPMENT WILL NOT INCREASE THE WATER SURFACE ELEVATION OF THE BASE FLOOD MORE THAN ONE FOOT AT ANY POINT WITHIN THE COMMUNITY; AND,

3. IN ZONE A RIVERINE AREAS, IN WHICH THE REGULATORY FLOODWAY IS DETERMINED TO BE THE CHANNEL OF THE RIVER OR OTHER WATER COURSE AND THE ADJACENT LAND AREAS TO A DISTANCE OF ONE-HALF THE WIDTH OF THE FLOODPLAIN AS MEASURED FROM THE NORMAL HIGH WATER MARK TO THE UPLAND LIMIT OF THE FLOODPLAIN, ENCROACHMENTS, INCLUDING FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENT, AND OTHER DEVELOPMENT SHALL NOT BE PERMITTED UNLESS A TECHNICAL EVALUATION CERTIFIED BY A REGISTERED PROFESSIONAL ENGINEER IS PROVIDED MEETING THE REQUIREMENTS OF ARTICLE VI, PARAGRAPH J.2.