HomeMy WebLinkAbout2012-ATM-FORM 2#3-ARTICLE 37 4.137 FLOODPLAIN DISTRICT-AS AMENDED BY ARTICLE 37 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 text from the Zoning Bylaw— Section 4.137—
Floodplain District as amended by Article 37of the June 12, 2012 Dissolved Annual Town
Meeting:
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 ELEVATION
AND FLOODWAY DATA
The Flood Plain District is herein established as an overlay district and includes all
special flood hazard areas within the Town of North Andover designated as Zone A and
AE on the Essex County Flood Insurance Rate Maps (FIRMS) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRMS that are wholly or
partially within the Town of North Andover are panel numbers 25009CO207F,
25009CO209F, 25009CO217F, 25009CO226F, 25009CO227F, 25009CO228F,
25009CO229F, 25009CO233F, 25009CO236F, 25009CO237F, 25009CO238F,
25009CO239F, 25009CO241F, 25009CO242F, 25009CO243F, 25009CO244F,
25009CO377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the
District may be defined by the 100-year base flood elevations shown on the FIRM and
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further defined by the Essex County Flood Insurance Study (FIS) report dated July 3,
2012. The FIRM and FIS report 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 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 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 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. NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
3. NFIP Program Specialist
Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
Boston, MA 02110
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);
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
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.
6. OTHER USE/DEVELOPMENT REGULATIONS
a. Within Zone AE, along watercourses that have a regulatory floodway within the
Town of North Andover, on the Essex County FIRMS dated July 3, 2012;
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.
b. 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.
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