HomeMy WebLinkAbout2010 ATM-AG-FORM 2-2-CERTIFIED VOTE-ARTICLE 38-AMEND ZONING BYLAW-SECTION 4.137 FLOODPLAIN DISTRICTdoc OF NORT1l q
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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)688-9557
E-mail Bradshaw(dtownofnorthandover.com
This is to certify that the following vote was taken on Article 38 at the
Dissolved 2010 Annual Town Meeting held May 11, 2010 and May 12, 2010:
Article 38. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain
District. UNANIMOUS VOTE to amend the Town of North Andover Zoning Bylaw,
Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw
accurately reflects the correct flood maps and Building Code reference.
Amend Section 4.137 by adding the underlined language and by removing the text
shown as stricken to read as follows:
4.137 Floodplain District
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, 780 CMR 120.GSeetior 3 "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 FEAIA Flood Boundary & Floodway Alap dated jun
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 and Flood Insurance Study
booklet are incorporated herein by reference and are on file with the Town Clerk,
Planning Board, Building and Conservation Commission.
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 120.G "Flood Resistant
Construction");
Section 4.137 Floodplain District as amended to read as follows:
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, 780 CMR 120.G"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 NEW dated June 2, 1993 as Zone A, AE, AH, AO, A99,
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 and Flood Insurance Study booklet are incorporated herein by
reference and are on file with the Town Clerk, Planning Board, Building 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 120.G"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:
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 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 aFIRM 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
floodrelated erosion hazards, and shown on an FHBM or FHZM 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 12, 2010