Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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development and for all new construction and manufactured home parks divided into two or
substantial improvements shall be paid to the more lots, assure that:
Building Authority, and a copy of a receipt for the 1. All such proposals are consistent with the
same shall accompany the application. An need to minimize flood damage.
additional fee may be charged if the Code 2. All public utilities and facilities, such as
Enforcement Officer, Planning Board, and/or Board sewer, gas, electrical and water systems
of Appeals needs the assistance of a professional are located and constructed to minimize
engineer or other expert. The expert’s fee shall be or eliminate flood damages.
paid in full by the applicant within 10 days after the 3. Adequate drainage is provided so as to
City submits a bill to the applicant. Failure to pay reduce exposure to flood hazards.
the bill shall constitute a violation of the ordinance 4. All proposals include base flood elevations,
and be grounds for issuance of a stop work order. flood boundaries and, in a riverine
An expert shall not be hired by the City at the floodplain, floodway data. These
expense of an applicant until the applicant has determinations shall be based on
either consented to such hiring in writing or been engineering practices recognized by the
given an opportunity to be heard on the subject. An Federal Emergency Management Agency.
applicant who is dissatisfied with a decision to hire 5. Any proposed development plan must
expert assistance may appeal that decision to the include a condition of plan approval
Board of Appeals. requiring that structures on lots in the
development be constructed in
12.4.4 Review procedure accordance with Subsection 12.4.5 of this
A. Upon determination by the Building Authority article. Such requirement shall be included
that an application is complete, the Building in any deed, lease, purchase and sale
Authority shall coordinate review of the agreement, or document transferring or
application by the City to assure that proposed expressing an intent to transfer any
developments are reasonably safe from interest in real estate or structure,
flooding. No permit shall be issued until the including but not limited to a time-share
Building Authority finds that the development interest. The condition shall clearly
proposal is in compliance with the standards of articulate that the municipality may
this article. Compliance with the provisions of enforce any violation of the construction
this article shall be required prior to beginning requirement. The construction
any development as defined herein. requirement shall also be clearly stated on
B. The Building Authority shall, when reviewing any map, plat, or plan as part of the
subdivisions under Article 14 and other approval process.
proposed developments that require review C. In the review of all Flood Hazard Development
under Article 13 or federal law, state law, or Permit applications for compliance with the
local ordinances or regulations and all projects standards herein:
on five or more acres, or in the case of 1. The Building Authority shall utilize: 12-6 | CITY OF PORTLAND LAND USE CODE FLOODPLAIN MANAGEMENT

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