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HomeMy WebLinkAbout2004 JULY 13, 2004 AMENDED FOR AG - ATM-ARTICLE 43-AMEND ZONING BYLAW-SECTION 4.137 AND REPLACE WITH FEMA LANGUAGE-CV OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9556 E-mail iradshaw(dtownofnorthandover.com This is to certify that the following vote on Article 43 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 10, 2004, May 11, 2004 and May 17, 2004: Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Language. UNANIMOUSLY VOTED to amend Section 4.137 of the Zoning Bylaw of the Town of North Andover to incorporate revisions suggested by FEMA, incorporating their model Bylaw by updating the Massachusetts State Building Code references from 2102 to Section 3107 in all locations, updating the NFIP State Coordinator's mailing address, noting that within Zone A of the Flood Plain District, the Wetlands Protection Act may require the base flood elevation to be determined by engineering calculations, and addition of a new Section 7, Definitions. Section 4.137 should be deleted in its entirety and replaced with the following language: Amended Section 4.137 to read: 4.137 Floodplain District 1. STATEMENT OF PURPOSE a) Ensure public safety through reducing the threats to life and personal injury. b) Eliminate new hazards to emergency response officials; c) Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding. d) Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; e) Eliminate costs associated with the response and cleanup of flooding conditions; f) Reduce damage to public and private property resulting from flooding waters. 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, Section 3107, "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary & Floodway Map dated June 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission. 3. BASE FLOOD ELEVATION AND FLOODWAY DATA a) Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data as determined by the Building Inspector, in consultation with the Director of the Division of Public Works, shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b) Base Flood Elevation Date. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. c) Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be determined to be outside the flood plain district by the Building Inspector, in consultation with the Director of the Division of Public Works, if an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the flood plain contour elevation does not occur in any area of proposed buildings, structures, improvements, excavation, filling, paving, or other work activity. The person requesting the determination shall provide any other information deemed necessary by the Building Inspector, in consultation with the Director of Division of Public Works to make that determination. If the Building Inspector, in consultation with the Director of the Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated as occurring within the Flood Plain District, and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or Board from making non-zoning determinations of the flood plain or performing their official duties. 4. NOTIFICATION OF WATERCOURSE ALTERATION If a landowner or project proponent proposes to alter or relocate any watercourse, that person shall notify the following parties and provide evidence of such notification to every town board or official who has jurisdiction over such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration of relocation: a) Notify in a riverine situation, the following of any alteration or relocation of a watercourse: 1. Adjacent Communities 2. Bordering States 3. NFIP State Coordinator Massachusetts Office of Water Resources 251 Causeway Street Suite 600-700 Boston, MA 02114-2104 4. NFIP Program Specialist FEMA Region I, Rm. 462 J.W. McCormick Post Office & Courthouse Boston, MA 02109 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction"); b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); c. Inland Wetlands Restriction, DEP (currently 302 CMR 6.00); d. Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00); e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); f. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 6. OTHER USE/DEVELOPMENT REGULATIONS a. Within zones AH and AO on the FIRM, adequate drainage paths are required around structures on slopes, to guide floodwaters around and away from proposed structures. b. Within Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on the North Andover FIRM of Flood Boundary & Floodway Map dated June 2, 1993; encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. However, a registered professional engineer may provide proof and certification to the Building Commissioner, in conjunction with the Director of the Division of Public Works, demonstrating that such encroachments shall not increase flood levels during the occurrence of the 100 year flood, and if both the Building Commissioner, in conjunction with the Director of the Division Public Works approve this certification, such encroachments shall not be deemed to be prohibited. c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T [or any revisions to the subdivision control law referencing the submission of preliminary or definitive subdivision plans], respectively shall be designed so that: I. such proposals minimize flood damage; 2. all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and 3. adequate drainage is provided to reduce exposure to flood hazards. 4. Existing contour intervals of site and elevations of existing structures must be included on plan proposal; 5. The applicant shall circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. 7. PERMITTED USES The following uses of low flood damage potential and causing no obstruction to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment: a. Agricultural uses such as farming, grazing, truck farming, horticulture, etc. b. Forestry and nursery uses. c. Outdoor recreational uses, including fishing, boating, play areas, etc. d. Conservation of water, plants, wildlife. e. Wildlife management areas, foot, bicycle, and/or horse paths. f. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. g. Buildings lawfully existing prior to the adoption of these provisions. 8. DEFINITIONS. The following definitions are taken from the NFIP regulations and the Massachusetts State Building Code, Section 3107. a. AREA OF SPECIAL FLOOD HAZZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, Al-30, AE, A99 V1-30, VE, or V. b. BASE FLOOD means the flood having one percent chance of being equaled or exceeded in any given year. c. COASTAL HIGH HAZARD AREA means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as ZONE V, V1-30, and VE. d. DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. e. DISTRICT means floodplain district. f. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and is completed before the effective date of the floodplain management regulations adopted by a community. g. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). h. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. i. FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.) j. FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. k. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 1. FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. m. FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. n. LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). 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 NFIP Regulations 60.3. o. MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. p. 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. q. NEW CONSTRUCTION means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. r. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community. s. ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD. t. REGULATORY FLOODWAY - see FLOODWAY u. SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V, V1-30, VE. v. START OF CONSTRUCTION includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavations; of the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, or floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building. w. STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. x. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. y. SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before"start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. z. ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data. aa. ZONE Al - A30 and ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined. bb. ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet. cc. ZONE A99 means areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined. dd. ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps. ee. ZONE V means a special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined. ff. ZONE V1-30 and ZONE VE (for new and revised maps) means a special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. VOTED MAY 17, 2004