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HomeMy WebLinkAboutFloodplainarticle To see if the Town will vote 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: Section 4.137 now reads: 4.137 Flood Plain District The Flood Plain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, Section 2102, "Flood Resistant Construction" and any other applicable local, state or federal requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A,AE,AH,AO,and A99 on the North Andover Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, dated June 2, 1993 on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study,are incorporated herein by reference. 1. Purpose: The purposes of the Flood Plain District are: 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. Base Flood Elevation and Floodway Data a. Floodway Data. In Zone A, AH, AO, 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 Division of the Department 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 Data. 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 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 of the Division of Public Works to make that determination. If the Building Inspector, in consultation with 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. 3. 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 or relocation: a. Adjacent Communities; b. NFIP State Coordinator Massachusetts Office of Water Resources 100 Cambridge Street Boston,MA 02202 C. NFIP Program Specialist FEMA Region I,Rm. 462 J.W. McCormack Post Office&Courthouse Boston,MA 02109 4. Existing Regulations: All development in the District including structural and non- structural activities whether permitted by right or by special permit must be in compliance with the following: a. Section of the Massachusetts State Building Code which addresses floodplain and costal high hazard areas (currently 780 CMR 2102.0, "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. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15,Title 5); e. 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. 5. Development Regulations: Notwithstanding the provisions of Section 3.13 of this By-law, within Zone A of the Flood Plain District, where base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector, in conjunction with the Division of Public Works, for its reasonable utilization toward meeting the elevation or flood-proofing requirements, as appropriate, of the State Building Code. In the floodway,designated on the Flood Boundary and Floodway Map,the following provisions shall apply: a. All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the 100 year flood and the Building Inspector, in conjunction with the Director of the Division of Public Works,concurs with such certification. b. Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code. All preliminary and definitive subdivision plans filed in accordance with G.L. Chapter 41, Section 81S and 81T,respectively shall be designed so that: a. such proposals minimize flood damage; b. all public utilities and facilities are located and constructed to minimize or eliminate flood damage;and C. adequate drainage is provided to reduce exposure to flood hazards. 6. Permitted Uses The following uses on low flood damage potential and causing no obstructions 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. Amended Section 4.137 to read: 4.137 Floodplain District 1. STATEMENT OF PURPOSE The purpose of the floodplain District is to: 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 I�Iorth Andover Flood Insurance Rate Map_(FIRM issued by the Federal E erg�'n—cy Mme ent Agency(FEMA)for the ad inistration of the NEIP dated June 2, 1993 as Zone A AE ACI AO A99 and the FEMA Flood Boundary&Floodway Map dated June 2 1993 both aps which indicate the 1t}t}year regulatory floodplain. The exact boundaries of the District ay be defined by the 1t}t}-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2s 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 Floodplin District is establishedsn overly 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 re ug latory floodway which would result in any increase in flood levels within the co unit Burin 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 Loran y revisions to the subdivision control law referencing the sub fission of preli inary or delrnitive subdivision plans], respectively shall be designed so that: 1. 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 Conirnission Planning Board Board of Health Town Engineer, and Building Co issioner for co ants which will be considered b tppropriate permittin bg ord prior to issuing applicable er its. 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 ations and the Massachusetts State Building Cade Section 3107. a. AREA OF SFE:CIAL, FLOOD HAZZARD is the land in the floodplain within a co unity subject to a one percent or greater chance of floodin rg In an iven year. The area nia y be designated as Zone A AO, AH Al-30 AE; A99 V1-30 VE:1 0 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 eans the area subject to high velocity waters including but not li ited to hurricane wave wash or tsuna is. The area is designated on a FIIZ1i1 as ZOI�IE V, V1-3t} and VE. d. DEVELOPMENT NT eans anynjannjqde change to i proved or uni proved real estate, including but not li ited to building or other structures, fining, dredging, filling, ®radin , paving, excavation or drilling_operations. e. DISTRICT meanLfloodplain district. f. EXISTING MANUFACTURED HOME: PARK OR SUBDIVISION means a manufacture d ho e park or subdivision for which the construction of facilities for servicing the lots on which the anufactured ho es are to be affixed (including at a minimum the installation mof utilitics the construction of streets and either final site grading or the pouring of concrete pads and is co plated before the effective date of the floodplain anage ent regulations adopted by a community. g. EXPANSION TO AN EXISTING MANUFACTURED HOME: PARK OR SUBDIVISION eans 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 RGE NCY MANAGE ME NT AGE NCI (FE MA eans the agency that a . misters the I�Iational Flood Insurance I'rogra FE;li�1A provides a nationwide flood hazard area mappjngstudy progra for co unities as well as regulatory standards for develop ant in the flood hazard areas. i. FLOOD BOUNDARY AND FI,OODWAY MAP means an official MU of a co unity issued by FEli1A that depicts based on detailed analyses the boundaries of the 1t}t}-year and 5t}t}-year floods and the 1t}t}-year floodway�For aps done in 19H 7 and later the floodway designation is included on the FIRM.) j. FLOOD HAZARD BOUNDARYAF (FHBIYI} eans an official ap of a co unity issued by FEli1A where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or B. k. FLOOD INSURANCE RAIKMARJEIRMJ pans an offioial a of a community on which FEli1A has dlinatd bath the arias of spoial flood hazard and the risk pre mium zones applicable to the community. 1. FLOOD INSURANCE STLTL)Y (I IS} pans an�xa ination evaluation and determination of flood hazards_and jif appropriate correspondin 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 djaont land arias that ust b rsrvd in order to disohar the e flood without cumulativa n. LOWEST FLOOR means the lowest floor of the lowest enclosed area (inoludin bass ant or ollar�. An unfinished or flood resistant enclosure us-able solely for parking of vehicles, buj din g access or story c in an area other than a ---- --------------Z— 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 non-elevation design—requirements of NFIP Regulations 003. o. MANUFACTURED HOME means a struotur�,transportable in one or ors sections which is built on - ---- anent chassis and is dsind for use with or without a p anent foundation whin oonnotd to the required utilities. For floo me" also includes park trailers travel trailers and other si filar vhiols plaod on a sits for rtr 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 Marcel_(or conti ctured home lots for rent or sale. q. NEW CONSTRUCTION pans, for lloodplain ana�� ant purposes, structures for which the "start of construction" commenced on or after the effective date of a lloodplain anac cnt rculation adopted by a co unit For STRUCTION means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31_1974whichever is later. r. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured ho park or subdivision for which the construction of facilities for servicing the lots on which the anufactured ho es are to be affixed �includin , at a ini a the installation of utilities the construction of streets and either final siteradin or the pouring of concrete pads is co pleted on or after the effective date of the floadplain management regulations adopted by a co unit. s. ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD. t. REGULATORY FLOODWAY - see FLOODWAY u. SPECIAL FLOOD HAZARD AREA means an area having_st�ecial flood and/or flood-related erosion hazards and shownon anFHB.Mor FIRM as Zone A, AO AI-30 AE; A99 AH V_VI-30 VE. v. START OF CONSTRUCTION includes substantial impro vement,ovement and means the date the building construction, repair reconstruction rehabilitation, addition place tint or other i rovement was within I the first place tint of per anent construction of a structure on site such.as the pourinf slab or footings the installation of piles the construction of cola ns or any work a manufactured home on a foundation. For a substantial im prove meutthe actual start of construction means the first alteration of any-wall, ceiling, car floor or other structural-part of the building, whether or not that alteration affects the exte al dimensions of the building. w. STRUCTURE a walled and roofed building, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, cans a walled anal roofed building, other than.a gas or liquid storage tank that is principally above ground and affixed to a per anent site as well as a manufactured home on foundation. For the latter purpose,the term includes a building in the course of construction-alteration-or repair but does not include such construction, alteration or repair unless such materials orsupplics are within an enclosed building on the pre ises. x. SUBSTANTIAL DAMAGE structure condition would e structure before arc occurred. -thedamc y. SUBSTANTIAL IMPROVEMENT means reconstruction_rchabilitation addition or other i prove ent of a structure,the cost of which equals or exceeds 5t}percent of the arket value of the structure before tart of construction"of the i prove ent. This ter includes structures which have incurred "substantial da a��", regardless of the actual.repair work perfor ed. z. ZONE A means ion ��FF)has not been deter ined. To deter ine the�FE use the best available federal, state local or other data. aa. ZONE Al -A30 and ZONE AL ffor new and revised mapsLmcans the It}t}- year Iloodplain where the base flood elevation has been determined. bb. ZONE AH and ZONE AO means the It}t}-year Iloodplain with hood depths of I to 3 feet. cc. ZONE A99 means areas to be protected fro the It}t}-year hood by federal hood r�rotection syste under construction. base hood ions have not been determined. dd. ZONES B. C.AND X are areas identified in the comm unity LFlood Insurance Study as areas of oderate or ini al hood hazard. Zane X replaces Zones B and C on new and revised aps. cc. ZONE V means a special flood hazard area along a coast subiect to inundation by the I t}t}-year hood with the additional hazards associated with storm waves. Base flood elevations have not been determined. ff. ZONE VI-30 and ZONE VE (for new and revised ma s)means a special flood hazard ar flood with additional hazards due to velocity(wave action). Base flood elevations have been determined.