Floodplain Management Ordinance

ARTICLE I - ESTABLISHMENT The Town of Paris, 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 (FEMA) 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 Paris,
Maine.

The areas of special flood hazard, Zones A, A1-30, AE, AO, and AH,
identified by FEMA in a report entitled "Flood Insurance Study - Town
of Paris, Maine, Oxford County," with accompanying "Flood Insurance
Rate Map' is hereby adopted by reference arid declared to be a part of
this Ordinance.

ARTICLE II - PERMIT REQUIRED Before any construction or other
development (as defined in Article XIII) , including the placement of
manufactured homes, begins within any areas of special flood hazard
established in Article I, a Flood Hazard Development Permit shall be
obtained from the Planning Board. 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 Paris, Maine.

ARTICLE III - APPLICATION FOR PERMIT The application for a Flood
Hazard Development Permit shall be submitted to the Planning Board 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 lot dimensions;

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 Mean Sea Level, 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, AE, AO, and AH from data contained in the "Flood
Insurance Study - Town of Paris, 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 flood proofed;

H.	A description of a base flood elevation reference point established
on the site of all new or substantially improved structures; I.	A
written certification by a registered land surveyor that the
elevations shown on the application are accurate;

 J.	Certification by a registered professional engineer or architect
that flood proofing methods for any non-residential structures will
meet the flood proofing criteria of Articles III.G.4; VI.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 shall be the same as any building permit and 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 Planning Board 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 or 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 Planning Board may appeal that
decision to the Board of Appeals.

ARTICLE V - REVIEW OF FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS 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 Paris, Maine," as described in Article I special flood
hazard areas where base flood elevation data are not provided, the
Planning Board 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.G.1.b.; Article VI.I; and Article VIII.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 State Planning Office prior 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 application, 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 X of this Ordinance, and copies of Elevation
Certificates and Certificates of Compliances required under the
provisions of Article VII 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
flotation, 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 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.	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 waters into
the system and discharges from the system 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 capacity of any
watercourse.

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

1.	Zones A1-30, AE, and AH shall have the lowest floor (including
basement) elevated to at least one foot above the base flood
elevation.

2.	Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from the proposed
structures.

3.	Zone AG shall have the Lowest floor (including basement elevated
above the highest adjacent grade:

a.	at least one foot 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 one foot above the base flood elevation utilizing information
obtained pursuant to Article III.G.1.b-; Article V.B; or Article
VIII.D

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

1.-	Zones Al-30, AE, and AH shall have the lowest floor (including
basement) elevated to at least one foot above the base flood
elevation, or together with attendant utility and sanitary facilities
shall:

a.	be flood proofed to at least one foot above the base flood 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 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 111.5 and
shall include a record of the elevation above mean sea level of the
lowest floor including basement -

2.	Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from them.

3.	zone AC shall have the lowest floor (including basement) elevated
above the highest adjacent grade:

a.	at least one foot 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 is flood
proofed to meet the elevation requirements of this section and flood
proofing standards of Article VI paragraph G. 1.

4.	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.G.1.b.; Article V.B; or Article
VIII.D.

H.	New or substantially improved manufactured homes located within:

Zones A1-30, AE, or AH shall:

a.	be elevated on a permanent foundation so 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 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 (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
(homes less than 50 feet long require four additional ties per side).
(3) All components of the anchoring system described In Article VI.H.l
shall be capable of carrying a force of 4800 pounds.

2.	Zones AO and AH shall have adequate drainage paths around
structures on slopes, to guide floodwater away from them.

3.	Zone AO shall have the lowest floor (including basement) elevated
above the highest adjacent grade:

a.	at least one foot 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. (a) (b)

4.	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.G.1.b.; Article V.B.; or Article
VIII.D.

Floodways

I.	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,"
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 AE riverine areas, for which no regulatory
floodway is designated, encroachments, including fill, flew
construction, 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 with 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 I.2.

J.	New construction or substantial improvement of any structure in
Zones Al-30, AE, AO, AH, and A that meets the development standards of
Article VI, including the elevation requirements of Article VI,
paragraphs F, C, or H and is elevated on posts, columns, piers, piles,
"stilts," or crawlspaces less than three feet in height may be
enclosed below the elevation requirements Provided all the following
criteria are met or exceeded:

1.	Walls, with the exception of crawlspaces less than three feet in
height, shall not be part of the structural support of the building;
and,

2.	Enclosed areas are not "basements" as defined In Article XIII; and,

3. Enclosed areas shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwater. Designs for meeting this requirement must
either:

a.	be certified by a registered professional engineer or architect;
or,

b.	meet or exceed the following minimum criteria:

(I)	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; and,

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

5.	The enclosed area may be used for building maintenance, access,
parking vehicles, or storing of articles and equipment used for
maintenance of the building.

ARTICLE VII - CERTIFICATE OF COMPLIANCE No land in a special flood
hazard area shall be occupied or used and no structure which is
constructed or substantially improved shall be occupied until a
Certificate of Compliance is issued by the Code Enforcement Officer
subject to the following provisions:

A.	The applicant shall submit an Elevation Certificate completed by:

1.	a registered Maine surveyor for compliance with Article VI,
paragraphs F, G, H, or K; and,

2.	a registered professional engineer or architect, in the case of
flood proofed non-residential structures, for compliance with Article
VI.G; and,

B.	The application for a Certificate of Compliance shall be submitted
by the applicant in writing along with a completed elevation
Certificate to the Code Enforcement Officer.

C.	The Code Enforcement Officer shall review the application within 10
working days of receipt of the application and shall Issue a
Certificate of Compliance, provided the building conforms with the
provisions of this Ordinance.

ARTICLE VIII - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS The
Planning Board shall, when reviewing subdivisions and other proposed
developments that require review under other federal law, state law or
local ordinances or regulations and all projects on B or more acres,
or in the case of manufactured home marks 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 elevation and, in a riverine
floodplain, floodway data.

E.	Any proposed development plan shall include a statement that the
developer will require that structures on lots in the development be
constructed in accordance with Article VI of this ordinance and that
such requirement will be included in any deed, lease, 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 construction requirement shall also be stated on any
map, plat, or plan to be signed by the Planning Board or local
reviewing authority as part of the approval process.

ARTICLE IX - APPEALS AND VARIANCES The Board of Appeals of the Town of
Paris may, upon written application of an aggrieved party, hear and
decide appeals from determinations of the Planning Board 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 stats 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:

I.	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 existence of the variance will not conflict with
other state, federal or local laws or ordnances; 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 altar 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 by a community for new construction,
substantial improvements, or other development for the conduct of a
functionally dependent use provided that:

1. other criteria of Article IX and Article VI-I 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 by a community for the reconstruction,
rehabilitation, or restoration of structures listed on the National
Register of Historic Places or a State Inventory of Historic Places,
without regard to the procedures set forth in Article IX, paragraphs A
through D.

F.	Any applicant who meets the criteria of Article IX, 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:

2.	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 Planning Board a report of
all variance actions, including justification for the granting of the
variance and an authorization for the Planning Board to issue a Flood
Hazard Development Permit, which includes any conditions to be
attached to said permit.

ARTICLE X - ENTORCEMENW AND PENALTIES A.	It shall be the duty of the
Code Enforcement Officer to enforce the provisions of this Ordinance
pursuant to 30A MRSA  4452.

B.	The penalties contained in 3OA MSRA  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;

I.	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, or ordinance;

3.	a 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 7968, as
amended.

ARTICLE XI - 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 XII - CONFLICT WITH OTHER ORDINANCES This Ordinance shall not
in any way impair or remove the necessity a 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 XIII - 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 it's 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 "ray" is permissive; "shall" is mandatory and
not discretionary.

"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 and AH 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
flaying 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, called the 100-year flood.

"Basement" - means any area of the building having its floor sub grade
(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-

"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, or
drilling operations; 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 (i) built, in the
case of a building in Zones A1-30, AE, A, A99, AO, or AH, to have the
top of the elevated floor, elevated above the ground level by means of
pilings, columns, post, piers, or "stilts;" and (ii) 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, AE, A, A99, AO, or AH, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls less than three feet in height with
openings sufficient to facilitate the unimpeded movement of flood
waters.

"Elevation Certificate" - An official form (FEMA Form 81-31, 1O/87, as
amended) that (i) is used to verify compliance with the floodplain
regulations of the National Flood Insurance Program; and, (ii) 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" (FIRN) - means an official mar of a
community, on which the Administrator of the Federal Insurance
Administration 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" - moans Land areas 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 floodplain, grading, or erosion control
ordinances) and other applications of police power. The tent describes
such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and
reduction.

"Flood Proofing" - means any combination of structural and non-
structural additions, changes, or adjustments to strictures which
reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures arid 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, I) 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 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 tea
"manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site 5cr greater than ISO
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.

"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.

"100-year flood" see "Base Flood."

"Regulatory Flood way" - means:

(i)	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

     (ii)	in Zone A is considered to be 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.

"Start of Construction" - means the date the building permit was
issued, provided the actual start of construction, repair,
reconstruction, 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.

"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 it's 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: (1) 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 (2) Any alteration of a "historic
structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure".

"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 other development to
fully comply with a community's floodplain management regulations or
ordinance.

ARTICLE XIV - 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).