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Section 5 - 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 6 (Development Standards) have been, or will be met;
B. Utilize, in the review of all Flood Hazard Development Permit applications:
1. the base flood data contained in the “Flood Insurance Rate Map - Town of Swans Island,
Maine”, as described in Section 1.
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 technical sources, including information
obtained pursuant to Section 3.G.1.; Section 6.J.; and Section 9.D., in order to administer
Section 6 of this Ordinance; and
3. when the community establishes a base flood elevation in a Zone A by methods outlined
in Section 3.G.1.b., the community shall submit that data to the Maine Floodplain
Management Program in the State Planning Office.
C. Make interpretations of the location of boundaries of special flood hazard areas shown on the
maps described in Section 1 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 Act Amendmends of 1972, 33 USC 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. If the application satisfies the requirements of this Ordinance, approve the issuance of one of
the following Flood Hazard Development Permits based on the type of development:
1. A two part Flood Hazard Development Permit for elevated structures. Part one
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 1 permit construction, “as built”, for verifying
compliance with the elevation requirements of Section 6, paragraphs F, G, or H.
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 2 of the Flood Hazard Development Permit. Part 2 shall authorize the
applicant to complete the construction project; or,
2. 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 Section 6.G.1., 2., and 3. The application for this permit shall include a
Floodproofing Certificate signed by a registered professional engineer or
architect; or,
3. A Flood Hazard Development Permit for Minor Development for all development
tthat 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. Minor development also includes, but is not limited
to: accessory structures, as provided in Section 6.I., mining, dredging, filling,
grading, paving, excavation, drilling operations, storage of equipment or
materials, deposition or extraction of materials, public or private sewage disposal
systems or water supply facilities that do not involve structures; and nonstructural
projects such as bridges, dams, towers, fencing, pipelines, wharves
and piers.
For development that requires review and approval as a Conditional Use, as provided for in this
Ordinance, the Flood Hazard Development Permit Application shall be acted upon by the
Planning Board as required in Section 7.
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 Section 10 of this
Ordinance, and copies of Elevation Certificates, Floodproofing Certificates, Certificates of
Compliance and certifications of design standards required under the provisions of
Sections 3, 6 and 8 of this Ordinance.