Municipal Code 15.28 Floodplain Management Regulations

Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 15: Buildings and Construction

15.04 Building and Land Use Permits
15.08 Numbering of Buildings
15.12 Plumbing Code
15.16 Sign Code
15.20 County Grading and Sediment Control
15.24 Trailers and Trailer Camps

15.28 Floodplain Management Regulations

15.28.020 Findings and intent.
15.28.030 Definitions.
15.28.040 Establishment of floodplain district.
15.28.050 Development regulations.
15.28.060 Certificate of requirements.
15.28.070 Variances.
15.28.080 Violations—Penalties.
15.28.090 Town liability.
15.28.100 Administrative fee.
15.28.110 Abrogation and greater restrictions.
15.28.120 Interpretation.
15.28.130 Partial invalidity and severability.

15.28.010 Short Title.

This chapter shall hereafter be referred to as the town of Emmitsburg "Floodplain Management Ordinance." (Ord. 89-8 Part I § I)

15.28.020 Findings and intent.

Whereas, certain areas of the town are subject to periodic inundation which results in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief; and
Whereas, flood losses and associated losses are created by structures inappropriately located, inadequately elevated or otherwise unprotected and vulnerable to floods or by development which increases flood damage to other lands or development; and
Whereas, the biological values of floodplains, particularly tidal and non-tidal wetlands, can be adversely affected by floodplain development; and
Whereas, the town has the responsibility under the "Flood Control and Watershed Management Act," Section 8-9A-01 et seq., Natural Resources Article of the Annotated Code of Maryland, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and the environmental quality of the watersheds or portions thereof under its jurisdiction; and
Whereas, the town has the responsibility under the "National Flood Insurance Act" of 1968, as amended, and the "Flood Disaster Protection Act" of 1973, as amended, to adopt and enforce floodplain management regulations which meet the requirements of 44 Code of Federal Regulations Parts 55-77, et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and federal and state financial assistance.
It is therefore the purpose of this chapter to protect human life and health; to minimize public and private property damage; to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; to protect individuals from unwittingly buying lands and structures which are unsuited for intended purposes because of the flood hazards; to protect water supply, sanitary sewage disposal, and natural drainage; to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; to provide for public awareness of the flooding potential; and to provide for the biological and environmental quality of the watersheds or portions thereof located in the town. The provisions of this chapter provide a unified comprehensive approach to floodplain management which addresses requirements of the federal and state programs concerned with floodplain management; namely, the National Flood Insurance Program and the President's Executive Order 11988 of May 27, 1977 on floodplain management, the state's Waterway Construction Permit Program, State Wetlands Permit Program, the U.S. Army Corps of Engineers' Section 10 and Section 404 permit programs; and the state's Coastal Zone Management Program. (Ord. 89-8 Part I § II)

15.28.030 Definitions.

"Accessory/appurtenant structure means a structure which is on the same parcel of property as the principal structure, is no greater than three hundred (300) square feet and one story the use of which is incidental to the use of the principle structure.
"Basement" means any area of a building having its floor subgrade (below ground level) on all sides.
"Certificate of occupancy" means the official form issued by the town and Frederick County certifying that the structure has been built consistent with approved plans and may be legally inhabited or used for the intended purpose.
"Development" means any man-made change to improved or unimproved real estate, including but not limited to any construction, reconstruction, modification, extension or expansion of buildings or other structures, placement of fill or concrete, construction of new or replacement infrastructure, dumping, mining, dredging, grading, paving, drilling operations, storage of materials, land excavation, land clearing, land improvement, land fill operation, or any combination thereof. This term shall also include the subdivision of land.
"Elevation certificate" means the official form as prepared and distributed by the Federal Emergency Management Agency using Mean Sea Level as established by the National Geodetic Vertical Datum of 1929.
"Flood" means a temporary inundation of normally dry land areas.
"Floodplain" means: (1) a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source; or (3) an area subject to tidal surge or extreme tides.
"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments of properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.
"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 of the Federal Emergency Management Agency, National Flood Insurance Program.
"Manufactured home or building" means a structure, transportable in one or more sections, which is built on a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home or building also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than one hundred eighty (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.
"New construction" means structures for which the start of construction, as herein defined, commenced on or after the date of entry into the regular program or the effective date of this chapter, whichever occurred first.
"One-hundred-year flood" means a flood that has one chance in one-hundred or a one percent chance of being equalled or exceeded in any given year.
"Permanent construction" means any structure built or placed on a site for more than one hundred eighty (180) consecutive days.
"Principally above ground" means structures with at least fifty-one (51) percent of the actual cash value of the structure, less land value, above ground.
"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 occurs within one hundred eighty (180) days of the permit date. The actual start of construction 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, as used in this definition, 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 basements, footings, piers, 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 by dwelling units or not a part of the main structure.
"Structure" means a walled and/or roofed building, including but not limited to, a gas or liquid storage tank, a building foundation, platform, deck, swimming pool, bulkhead or greenhouse that is principally above ground and affixed to a permanent site or location.
"Subdivision" means the division or redivision of lots, tracts, or parcels of land by any means into two or more lots, tracts, parcels or other divisions of land, including a change in existing lot lines for the purpose, whether immediate or future, or lease, transfer of ownership, building or lot development.
"Substantial improvement" means any repair, reconstruction, or improvement of structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
"Temporary development" means any building, construction, and/or assemblage of structures such as construction sheds, seats, canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands, fairs, carnivals or flea markets which are completely removed upon the expiration of one hundred eighty (180) days or less as stated in the permit.
"Variance" means the grant of relief from the terms of this floodplain management chapter.
"Wetland" means any land which is: (1) considered "private wetland" or "state wetland" pursuant to Title 9, Wetlands and Riparian Rights, Natural Resources Article, Annotated Code of Maryland; or (2) defined as "wetland" by the U.S. Fish and Wildlife Service identification and classification procedures. (Ord. 89-8 Part I § III)

15.28.040 Establishment of floodplain district.

The mayor and commissioners shall establish a floodplain district and an official floodplain map to include all areas subject to inundation by the waters of the one-hundred-year flood. The source of this delineation shall be at a minimum the "Flood Insurance Study for the Town of Emmitsburg, Maryland" issued in March, 1980, the "Flood Insurance Rate Maps", and the "Flood Boundary and Floodway Maps". The floodplain district and the official floodplain map shall be deemed an overlay on any existing, and hereafter established, zones or districts within the town. The floodplain district and the official floodplain map are established with emphasis on the one-hundred-year flood elevation where defined rather than the area graphically delineated on the official floodplain maps.
The floodplain district shall be comprised of the following subdistricts:
1. Floodway. That portion of the floodplain district required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing one-hundred-year flood conditions. The floodway appears on the "Flood Boundary and Floodway Maps," specifically panel 240029-001-B. This term shall also include floodways as established by Section 15.28.050(C)(1).
2. Floodway Fringe. Those portions of land within the floodplain district subject to inundation by the one-hundred-year flood, lying beyond the floodway (where a floodway has been determined) or in areas where detailed study data, profiles, and one-hundred-year flood elevations have been established. The floodway fringe appears on the "Flood Boundary and Floodway Maps" and "Flood Insurance Rate Maps", specifically panel 240029-001-B.
3. Wetland Floodplain. Those portions of land within the floodplain district subject to inundation by a one-hundred-year flood and determined to be "wetlands" as defined in this chapter.
4. Approximate Floodplain. Those portions of land within the floodplain district subject to inundation by the one-hundred-year flood, where a detailed study has not been performed but where a one-hundred-year floodplain boundary has been approximated. A one-hundred-year flood elevation shall be established after consideration of any flood elevation and floodway data available from federal, state, or other sources. The approximate floodplain appears on both the "Flood Insurance Rate Maps" and "Flood Boundary and Floodway Maps" and may appear on all panels as Zone A.
The official floodplain map shall be the "Flood Insurance Rate Maps," and "Flood Boundary and Floodway Maps" as prepared by the Federal Emergency Management Agency, issued on March, 1980, and any subsequent amendments. The official floodplain map which reflects the boundaries of the floodplain district and its subdistricts shall be prepared and maintained in force as part of this chapter.
The delineation of the floodplain district may be revised, amended and modified by the mayor and commissioners in compliance with the National Flood Insurance Program and the Maryland Department of Natural Resources, when:
1. There are changes through natural or other causes to flood elevations and boundaries; and/or
2. Changes are indicated by detailed hydrologic and hydraulic information and studies.

As soon as possible, but not later than six months after the date such information becomes available, the zoning administrator shall notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with the 44 Code of Federal Regulations, part 65. All such changes shall be subject to the review and approval of the Federal Emergency Management Agency and the Maryland Department of Natural Resources.

Should a dispute concerning any floodplain district boundary arise, an initial determination shall be made by the zoning administrator. Any party aggrieved by this decision may appeal to the mayor and commissioners. The burden of proof is on the appellant. (Ord. 89-8 Part I § IV)

15.28.050 Development regulations.

In order to prevent excessive damage to buildings and structures, the following restrictions shall apply to all new construction and substantial improvements to existing structures occurring in the floodplain district. In the event a proposed building, structure or substantial improvement is sited in two different subdistricts or in a subdistrict with two different one-hundred-year flood elevations the most restrictive regulation and/or higher flood elevation shall prevail.

In the Floodway the following regulations shall apply:
1. All residential development shall be prohibited.
2. No other development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying stream modification and the development is approved by all appropriate local authorities, Maryland's Water Resources Administration and the U.S. Army Corps of Engineers.
3. All proposals to offset the effects of development in the floodway by construction of stream modifications, shall be documented by an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction and shall be submitted with the application for a building permit. The report shall use the one-hundred-year flood and floodway data as prepared by the Federal Emergency Management Agency and adopted herein as the basis of the analysis. Any development allowed shall meet the requirements of subsection (B) of this section.
4. Existing nonconforming structures and/or development shall not be substantially improved unless the effect of the proposed improvement on flood heights is fully offset by accompanying stream modifications and the improvement is approved by Maryland Water Resources Administration.
  1. Substantial improvement of a nonconforming structure and/or development regardless of location shall be undertaken only in full compliance with the provisions of this chapter and any other applicable ordinance.
  2. The modifications, alteration, repair, reconstruction or improvement of any kind of a nonconforming structure and/or development to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or flood-proofed to the greatest extent possible.
  3. Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.
5. The placement of any manufactured homes or buildings shall be prohibited.
6. The following shall not be placed or caused to be placed in the floodway:
  1. Fences, except two-wire fences; and
  2. Other matters or enclosures which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream of flood waters would carry the same downstream to the damage or detriment of either public or private property in or adjacent to the floodplain.
In the floodway fringe the following regulations shall apply:
1. Any development approved shall be in conformance with the requirements of the permit programs of the Maryland Department of Natural Resources, Water Resources Administration and the U.S. Army Corps of Engineers.
2. Where flood control and watershed management plans exist all development shall be consistent with such plans.
3. The elevation of the lowest floor, as defined herein, of all new or substantially improved structures shall be at least one foot above the elevation of the one-hundred-year flood. Basements as herein defined are prohibited.
4. If the construction, reconstruction and/ or modification of any structure constitutes less than a substantial improvement, the elevation of the lowest floor shall be at least one foot above the elevation of the one-hundred-year flood or those parts of the improvement below the elevation of one foot above the one-hundred-year flood shall be dry flood proofed as specified by the U.S. Army Corps of Engineers in its publication EP 1165 2 314 enTitled "Flood-Proofing Regulations." Routine maintenance and repairs shall be excepted.
5. Any variances allowed under the provisions of this chapter shall meet the requirements specified in Section 15.28.070.
6. All development shall be undertaken in a manner which minimizes adverse impacts on aquatic and terrestrial habitats and their related flora and fauna
7. Design, Anchoring, and Materials. All new construction and substantial improvements shall be:
  1. Designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;
  2. Constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of the flood water;
  3. Constructed with materials and utility equipment resistant to flood damage; and
  4. Constructed by methods and practices that minimize flood damage.
8. Landscape Design.
  1. Adequate ground cover shall be provided for soil stabilization within the floodplain district.
  2. Design of land contours and choice of plant materials shall direct surface runoff away from structures and shall not increase surface runoff onto neighboring properties.
9. Electric Systems.
  1. All electric water heaters, electric furnaces, generators, heat pumps, air conditioners, and other permanent electrical installations shall be permitted only at or above one foot above the elevation of the one-hundred-year flood.
  2. No electrical distribution panels shall be permitted at an elevation less than three feet above the elevation of the one-hundred-year flood.
10. Plumbing. Water heaters, furnaces and other permanent mechanical installations shall be permitted only at or above one foot above the level of the one-hundred-year flood.
11. Storage. Materials that are buoyant, flammable, explosive, or that in times of flooding could be injurious to human, animal or plant life shall not be stored below one foot above the level of the one-hundred-year flood.
12. Fill. Where allowed, fill material shall meet the following additional requirements:
  1. Fill shall consist of soil or rock materials only. Landfills, dumps, and sanitary soil fills shall not be permitted;
  2. Fill material shall be compacted in accordance with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring or settling;
  3. Fill slopes shall be no steeper than one vertical to two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the zoning administrator; and
  4. Fill shall be used only to which is does not adversely affect adjacent properties.
13. Manufactured Homes and Buildings.
  1. New or relocated manufactured homes or buildings shall be elevated on permanent foundations so that the lowest floor of each manufactured home or building will be at or above one foot above the elevation of the one-hundred-year flood.
  2. Adequate surface drainage and access for a manufactured home or building hauler shall be provided.
  3. When manufactured homes or buildings are to be elevated on pilings, lots shall be large enough to permit steps, pilings shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above the ground level.
  4. All manufactured homes or buildings shall be securely anchored to a properly anchored, permanent foundation to resist flotation, collapse, lateral movement and wind forces. Methods of anchoring shall include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.
  5. Any addition to a manufactured home or buildings shall be similarly elevated and anchored.
  6. The owner or operator of a manufactured home park or subdivision shall file with the disaster preparedness authorities of the town an evacuation plan which indicates alternate vehicular access and escape routes.
14. Accessory/Appurtenant Structures. Due to their minimal investment, detached garages, storage structures, and accessory structures containing less than three hundred (300) square feet and no more than one story shall be exempt from the elevation or dry flood proofing standards of this chapter; provided, that all of the following stipulations are met:
  1. A statement shall be placed on the building plans which shall read as follows: "No enlargement or conversion of this area to habitable space is to occur unless the lowest floor is elevated to one foot above the one-hundred-year flood elevation. At this site the one-hundred-year flood elevation is ."
  2. The floor elevation of the accessory structure shall not qualify as a basement and must be constructed on or above grade.
  3. The accessory structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
  4. The accessory structure shall be firmly anchored to prevent flotation which may result in damage to other structures.
  5. The accessory structure shall be designed to have low flood damage potential, including provisions to allow free flow of water into and out of it to maintain equal pressure.
  6. The service facilities, such as electrical, plumbing and heating equipment, shall be elevated to the one-hundred-year flood elevation or be flood proofed.
  7. The accessory structure shall be comprised of no more than three hundred (300) square feet and no more than one story.
  8. The applicant shall be made aware that if the accessory structure is built below the one-hundred-year flood elevation and is not flood proofed, the aforesaid structure may be susceptible to higher insurance premium rates for the structure and its contents.
15. Enclosures Below Lowest Floor. The new construction and substantial improvements of fully enclosed areas below the lowest floor, including but not limited to crawl spaces, solid footings, and continuous foundations, shall be designed to 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 enclosed area subject to flooding shall be provided.
  2. The bottom of all openings shall be no higher than one foot above grade.
  3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
In the wetland floodplain the following regulations shall apply in addition to the regulations cited in Section 15.28.050(B):
1. The zoning administrator shall obtain, review, and reasonably utilize any wetland classification data available from a federal, state, or other source in the enforcement of the chapter within the wetland floodplain.
2. Except where specifically allowed by the town and the Maryland Departments of Natural Resources, and the Environment, and the U.S. Army Corps of Engineers, the following shall be prohibited:
  1. Filling, dumping, or excavation of any kind;
  2. Drainage or alteration of the natural drainage and circulation of surface or ground waters.
3. When the wetland floodplain boundary is unknown, obscure, or undefined the zoning administrator in cooperation with or with assistance from the Maryland Department of Natural Resources shall evaluate each site.
4. All buildings and structures shall be prohibited with the exception of catwalks, piers, boathouses, boat shelters, fences, duck blinds, wildlife management shelters, footbridges, observation decks and shelters, and other similar water-related structures which are constructed on pilings to permit the unobstructed flow of waters and preserve the natural contour of the wetland area.
5. To the maximum extent possible activities in the wetland floodplain will be limited to those which:
  1. Require access to water or wetlands, or are water dependent;
  2. Have no prudent or feasible alternative site which does not involve wetland areas;
  3. Will require in minimum feasible alteration or impairment to wetland functional characteristics and existing contour, vegetation, fish and wildlife resources, and hydrological conditions of the wetland area.
In the approximate floodplain the following regulations apply:
1. The zoning administrator shall obtain, review and reasonably utilize any one-hundred-year flood elevation and floodway data available from a federal, state or other source such as the U.S. Army Corps of Engineers and Soil Conservation Service, the state of Maryland Water Resources Administration, or any regional planning organization in the enforcement of the chapter within the approximate floodplain;
2. When the one-hundred-year flood elevation is not known, the zoning administrator in consultation with the Water Resources Administration shall evaluate each site and establish an approximate one-hundred-year flood elevation by determining the elevation of a point of the approximate floodplain boundary; and
3. The development regulations of Section 15.28.050(B) shall be applied within the approximate floodplain.
In the entire floodplain district the design, placement and construction of all public and private utilities and facilities shall meet the following requirements:
1. New or replacement water supply systems and/or sanitary sewage systems shall be designed and flood proofed to eliminate or minimize infiltration of flood waters into the systems and discharges from the systems into flood waters, and to avoid impairment during flooding and to minimize flood damage.
  1. Cesspools and seepage pits are prohibited.
  2. Septic tanks are permitted provided they are securely anchored to resist buoyant forces during inundation.
  3. All pipes connected to sewage systems shall be sealed to prevent leakage.
2. All gas, electrical and other facility and utility systems shall be located, constructed, and flood proofed to eliminate or minimize flood damage.
3. All new storm drainage facilities within and leading to or from the floodplain district shall be adequately designed, flood proofed, and installed to eliminate or minimize property damage resulting from the flood waters of the one-hundred-year flood and to minimize adverse environmental impacts of their installation and use. (Ord. 89-8 Part I § V)

15.28.060 Certificate of requirements.

A zoning certificate is required for all development (including, but not limited to, subdivision of land, construction of and/or substantial improvements to buildings and structures, placement of manufactured homes or buildings, fill, temporary developments, new or replacement infrastructure, or any combination thereof) in the floodplain district and shall be granted only after necessary permits from the state of Maryland. Water Resources Administration and all other applicable state and federal agencies have been obtained.

The application for a zoning certificate shall be submitted to the zoning administrator and shall contain information including, but not limited to, the following:
1. Name and address of applicant. The applicant must be the owner or an authorized agent of the owner;
2. Name and address of owner of land on which development is proposed;
3. Name and address of contractor
4. Site location;
5. Copies of the issued permit or a written statement from the issuing authority indicating that a permit is not required from the U.S. Army Corps of Engineers, Maryland Department of Natural Resources, Wetlands Division, and/or Maryland Department of Natural Resources, Waterway Permits Division where necessary.
6. A plan of the site showing the size and location of the proposed development as well as any existing buildings or structures;
7. Plans drawn to scale, showing the location, dimensions and elevation in mean sea level/NGVD of the site in relation to the stream channel, shoreline, floodplain district and floodplain district subdistricts;
8. For substantial improvement to an existing structure, an appraisal performed by a professional real estate appraiser of the market value of existing structure (less land value) to which the substantial improvement is associated
9. Summary description of proposed work and estimated cost; and
10. Depending on the type of development and/or structure involved and for structures to be elevated above the one-hundred-year flood elevation, the following information shall also be included in the Application:
  1. The size of the proposed structure(s) and its position on the lot where it is to be constructed;
  2. The elevations of the proposed final grading and lowest floor, and the existing ground and one-hundred-year flood elevation as certified by a registered professional engineer, surveyor or architect;
  3. The method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. These plans shall be prepared by a registered professional engineer or architect; and
11. If a variance is being applied for under the provisions of Section 15.28.070 (A)(1), certification by a registered professional engineer or architect that the structure will be dry flood proofed in accordance with the specifications of the U.S. Army Corps of Engineers to one foot above the one-hundred-year flood elevation
12. If a variance is being applied for under the provisions of Section 15.28.070(A)(2), the following conditions shall be met:
  1. The structure shall be constructed with appropriate building modifications to automatically equalize hydrostatic flood forces by allowing for the entry and exit of floodwaters, including:
    1. A minimum of two openings on separate sides of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
    2. The bottom of all openings shall be no higher than one foot above grade; and
    3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  2. A statement shall be placed on the building plans which shall read as follows: "No conversion of this area to habitable space is to occur unless the lowest floor is elevated to one foot above the One-Hundred-Year Flood Elevation. At this site the One-Hundred-Year Flood Elevation is ."
  3. The floor elevation of the structure shall not qualify as a basement and must be constructed on or above grade.
  4. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
  5. The accessory structure shall be firmly anchored to prevent flotation which may result in damage to other structures.
  6. The service facilities, such as electrical, plumbing, and heating equipment, shall be elevated to the one-hundred-year flood elevation or be flood proofed.
  7. The applicant shall be made aware that if the structure is built below the one-hundred-year flood elevation and is not flood proofed, the aforesaid structure may be susceptible to higher insurance premium rates for the structure and its contents.
All proposals and certificate applications for the subdivision of land and/or new development shall include a plan drawing showing the location of all existing and proposed public and private utilities, facilities, drainage structures, and road access. If the one-hundred-year flood elevation has been determined by the flood insurance study or other reliable source approved by the Water Resources Administration, such flood elevation(s) shall be delineated on the proposed plan. If the proposal involves more than fifty (50) lots or greater than five acres and the one-hundred-year flood elevation has not been determined for the land area, the developer shall determine the one-hundred-year flood elevation and delineate such flood elevation on the proposed plan. All plans shall be certified by a registered professional engineer and shall be reviewed by the zoning administrator to assure that:
1. All such proposals are consistent with the need to minimize flood damage;
2. All necessary permits have been received from the state of Maryland, Water Resources Administration and appropriate federal agencies;
3. All public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located, constructed and flood proofed to minimize or eliminate flood damage;
4. Adequate drainage is provided to reduce exposure to flood hazards;
5. At least one access which, during the one-hundred-year flood, shall provide safe vehicular access to and egress from the subdivision and/or new development; and
6. Adequate measures have been taken to minimize adverse environmental impacts of the proposed development.
A zoning certificate shall be granted only after it has been determined that the proposed work will be in conformance with the requirements of this and all other applicable codes and ordinances.
When the proposed development includes the relocation or alteration of a watercourse, evidence shall be presented as part of the permit application that all adjacent communities and the Water Resources Administration have been notified by certified mail and have approved of the proposed alteration or relocation. Copies of these notifications shall then be forwarded to the Federal Emergency Management Agency, Federal Insurance Administration. In addition, the developer shall assure the town, in writing, that the flood carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
After the issuance of a zoning certificate by the zoning administrator, no changes of any kind shall be made to the application, certificate or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the zoning administrator.
Work on the proposed construction shall begin within three-hundred-sixty-five (365) days after the date of issuance of the zoning certificate or the certificate shall expire, unless a time extension is granted, in writing, by the zoning administrator. Work shall be complete within one year of the date of the permit unless an extension is granted in writing.
During the construction period, the zoning administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the permit ordinances and with all applicable ordinances. The premises shall also be subject to inspection by the state of Maryland, Water Resources Administration. In the event that the zoning administrator determines that the work is not in compliance with the permit of all applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the zoning administrator shall revoke the zoning certificate and report such fact to the mayor and commissioners of Emmitsburg and the Maryland Water Resources Administration for whatever action it considers necessary.
Work on the proposed construction shall progress steadily through project completion. Any work which resumes after a stop in work for one hundred eighty (180) days or more shall required the issuance of a new permit.
A certificate of occupancy shall be required for all construction and substantial improvements in the floodplain district and shall not be issued until the zoning administrator has been provided with a completed elevation certificate prepared by a registered land surveyor or professional engineer certifying the "as-built" condition of the subject construction. The datum used on elevation certificate shall be man sea level as established by the National Geodetic Vertical Datum of 1929.
A record or log of all floodplain district permit actions shall be maintained by the zoning administrator and shall be available upon request by the Federal Emergency Management Agency or its authorized agent (the Water Resources Administration) during periodic assessments of the town participation in the National Flood Insurance Program. Such record shall include at a minimum the date the certificate was issued, the as-built lowest floor elevation of all new construction or substantial improvement, the issuance date of the certificate of occupancy, copy of the completed elevation certificate, and any map amendments issued by the Federal Emergency Management Agency. (Ord. 89-8 Part II § I)

15.28.070 Variances.

Applications for variances may be considered by the mayor and commissioners for:
1. New construction of or substantial improvements to nonresidential structures or portions thereof which will be flood proofed in a watertight fashion;
2. New construction of or substantial improvements to detached and attached garages which are used solely for storage or parking of vehicles and designed to automatically equalize hydrostatic pressures on walls by allowing for the entry and exit of floodwater and meet the requirements of Section 15.28.060(A)(12);
3. Functionally dependent uses which cannot perform their intended purpose unless they are located or carried out in close proximity to water. A functionally dependent use includes only docking facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities;
4. Reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or state Inventory of Historic Places.
Variances shall not be granted for:
1. The placement of fill in the floodway;
2. New construction of or substantial improvement to any structure located in the floodway;
3. Manufactured homes or buildings within the floodway; or
4. Any development within the floodway.
The granting of variances shall be subject to the following conditions:
1. A demonstration of good and sufficient cause;
2. For new construction or substantial improvements falling in subsection 15.28.070(A)(3), a determination that failure to grant the variance would result in exceptional hardship to the applicant. Economic hardship shall not be considered exceptional;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
4. The stipulation that all residential structures will have the lowest floor elevated to the greatest extent possible with respect to the one-hundred-year flood elevation; and
5. Granting of a variance from the Water Resources Administration, favorable comments from the state Coordinating Office of the Water Resources Administration, and compliance with subsections (B) and (D) of this section.
Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and that local public funds may not be available to mitigate the results of such variance.
The application for a variance shall be submitted to the zoning administrator and shall comply with the provisions and requirements of Section 15.28.060(A)(11) and (12).
The applicant shall be notified in writing by the zoning administrator of the increased premium rates for flood insurance and that construction below the level of the one-hundred-year flood increases risks to life and property. Such notification shall be maintained as part of the record of all variance actions as required in subsection (H) of this section.
The applicant/owner of storage structures, garage structures, and/or accessory structures for which a variance is granted shall sign an agreement that such structures shall never be converted to habitable space.
A record of all variance actions, including justifications for their issuance, shall be maintained by the zoning administrator, shall be included in the bi-annual report submitted to the Federal Insurance Administrator, and shall be available upon request by the Federal Emergency Management Agency or its authorized agent during periodic assessments of the town participation in the National Flood Insurance Program.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or state Inventory of Historic Places, without regard to the procedures set forth herein; provided, that such activity does not cause an increase in the elevation of the one-hundred-year flood as established and adopted by this chapter.
Notice of the flood hazard and the variance action placed on the deed or other documents which convey all newly created or recorded properties. (Ord. 89-8 Part II § II)

15.28.080 Violations—Penalties.

Any person who fails to comply with any or all of the requirements or provisions of this chapter or direction of the zoning administrator or any other authorized employee of the town shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100.00).
Each day during which any violation of this chapter continues shall constitute a separate offense.
The imposition of a fine or penalty for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and non-compliance within a reasonable time.
Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter shall be declared by the mayor and commissioners to be a public nuisance and abatable as such.
The Federal Insurance Administrator and the Maryland Water Resources Administration shall be notified immediately in writing of any structure or property in violation of this chapter.
New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this chapter. (Ord. 89-8 Part II § III)

15.28.090 Town liability.

The granting of a permit or approval is not a representation, guarantee, or warranty of any kind and shall create no liability upon the town, its officials or employees. (Ord. 89-8 Part II § IV(A))

15.28.100 Administrative fee.

A fifty-dollar ($50.00) filing fee shall accompany all applications for a zoning certificate or a variance under this chapter. The town may impose additional application fees commensurate with those costs incurred in the processing, review and evaluation of permit applications for development in the floodplain district. Such costs may include but are not limited to: consultant fees for certification of as-built condition of structures; floodplain district and subdistrict delineations, environmental impact characterizations, staff assignments and other related costs. (Ord. 89-8 Part II § IV(B))

15.28.110 Abrogation and greater restrictions.

This chapter supersedes any ordinance currently in effect in the floodplain district. However, any other ordinance shall remain in full force and effect to the extent that its provisions are more restrictive. (Ord. 89-8 Part II § IV(C))

15.28.120 Interpretation.

In their interpretation and application, the provisions of this chapter shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of proper flood hazard management and the town and;
3. Deemed neither to limit nor repeal any other powers granted under the Annotated Code of Maryland.
Should a dispute arise concerning the interpretation of this chapter, the counsel of the Federal Emergency Management Agency, the Maryland Department of Natural Resources, or Federal Emergency Management Agency 44 Code of Federal Regulations shall prevail. (Ord. 89-8 Part II § IV(D))

15.28.130 Partial invalidity and severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall remain in full force and effect, and for this purpose, the provisions of this chapter are declared to be severable. (Ord. 89-8 Part II § IV(E))

15.04 Building and Land Use Permits
15.08 Numbering of Buildings
15.12 Plumbing Code
15.16 Sign Code
15.20 County Grading and Sediment Control
15.24 Trailers and Trailer Camps

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17