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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applicant individually releases the municipality 12.8 RECORDS & REPORTING
from any claims the applicant may have against A. The Building Authority shall maintain, as a
the municipality that are related to the use of permanent record, copies of all Flood Hazard
land located in a floodplain. Development Permits issued, certificates of
compliance and data relevant thereto, including
12.7.5 Record of variances reports of the Board of Appeals on variances
The Board of Appeals shall submit to the Building granted hereunder.
Authority a report of all variance actions, including B. The Building Authority shall be responsible for
justification for the granting of the variance and an filing such annual reports regarding
authorization for the Building Authority to issue a participation in the National Flood Insurance
Flood Hazard Development Permit, which includes Program as may be required by FEMA. Said
any conditions to be attached to said permit. annual reports shall include, but not be limited
to, a report on implementation of this article
12.7.6 Appeal procedure and on any variances granted hereunder. A
A. An administrative appeal may be taken to the copy of such annual reports shall also be sent
Board of Appeals by an aggrieved party within to the Maine Floodplain Management Program.
30 days after receipt of a written decision of
the Building Authority. 12.9 PENALTIES
B. Upon being notified of an appeal, the Building It shall be the duty of the Building Authority to
Authority shall transmit to the Board of enforce the provisions of this ordinance pursuant to
Appeals all of the documents constituting the Title 30-A M.R.S. § 4452. The penalties contained in
record of the decision appealed from. Title 30-A M.R.S. § 4452 shall apply to any violation
C. The Board of Appeals shall hold a public of this ordinance. In addition to any other actions,
hearing on the appeal within 35 days of its the Building Authority, upon determination that a
receipt of an appeal request. violation exists, shall submit a declaration to the
D. The person filing the appeal shall have the Administrator of the Federal Insurance
burden of proof. Administration requesting a denial of flood
E. The Board of Appeals shall decide all appeals insurance. The valid declaration shall consist of:
within 35 days after the close of the hearing and A. The name of the property owner and address
shall issue a written decision on all appeals. or legal description of the property sufficient to
F. Any aggrieved party who participated as a party confirm its identity and location.
during the proceedings before the Board of B. A clear and unequivocal declaration that the
Appeals may take an appeal to Superior Court property is in violation of a cited state or local
in accordance with state laws within 45 days law, regulation, or ordinance.
from the date of any decision of the Board of C. A clear statement that the public body making
Appeals. the declaration has authority to do so and a
citation to that authority. 12-20 | CITY OF PORTLAND LAND USE CODE FLOODPLAIN MANAGEMENT

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