Portland City Code ch. 14

Citation: Portland City Code ch. 14
Parent Document: Portland City Code ch. 14
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗

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B. Variances may be issued for new construction, B. The above Subsections 12.6.4(A)(1), (2), and (3)
substantial improvements, or other shall be included with or on all applications for
development for the conduct of a functionally a variance hereunder, as well as the following
dependent use provided that: statements:
1. The criteria of Section 12.6 and Subsection 1. The applicant understands and is fully
12.4.5 are met. aware of all of the risks inherent in the use
2. The structure or other development is of land subject to flooding and
protected by methods that minimize flood understands and agrees that they are fully
damages during the base flood and create assuming any potential or actual liability
no additional threats to public safety. resulting therefrom. Applicant agrees to
indemnify and defend the municipality
12.6.4 Notice to applicants against any claims filed against it that are
A. Any applicant who meets the criteria of this related to the applicant’s decision to use
section shall be notified by the Board of the land located in a flood plain and that
Appeals in writing with the signature of the the applicant individually releases the
Chair of the Board of Appeals that: municipality from any claims the applicant
1. The issuance of a variance to construct a may have against the municipality that are
structure below the base flood level will related to the use of land located in a flood
result in greatly increased premium rates plain. Applicant further understands and
for flood insurance up to amounts as high agrees that the City has no responsibility
as $25 per $100 of insurance coverage. therefore, and in the event a variance is
2. Such construction below the base flood granted to applicant, applicant agrees to
level increases risks to life and property. inform any purchaser, assignee, or other
3. The applicant agrees in writing that the transferee of applicant of the existence of
applicant is fully aware of all the risks said variance and of this agreement.
inherent in the use of land subject to 2. Applicant shall signify in writing that they
flooding, assumes those risks and agrees to have read, understands, and agrees to all of
indemnify and defend the municipality the stipulations in this Subsections
against any claims filed against it that are 12.6.4(A) and (B).
related to the applicant’s decision to use
land located in a flood plain and that the 12.6.5 Record of variances
applicant individually releases the The Board of Appeals shall submit to the Building
municipality from any claims the applicant Authority a report of all variance actions, including
may have against the municipality that are justification for the granting of the variance and an
related to the use of land located in a flood authorization for the Building Authority to issue a
plain. Flood Hazard Development Permit, which includes
any conditions to be attached to said permit. 12-14 | CITY OF PORTLAND LAND USE CODE FLOOD PLAIN MANAGEMENT

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