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8711_ZONING AMENDMENT FLOODPLAN ZONE.pdf61 ((- Zcll'(j AI\~rd(\lGi\\- 1= (aOC\)\Cld\ ZcNL I I I I I I I I I I I I I I I I I I PRESLOE'!T Chri.J'iopher C. johnson VICE PRESIDES!' Di?nr!ls.f Perry COUNCILORS Ci<!orr:e Bit;;us C('cilia P C ai{lbre~'(! Par::( C. Cavai;'t] J(f'ne:; P Cicheffi emu ,·H. Lfle!!i(?r Robert A. lHa;:;overn Donak AI Rhemt/t Robe;-'; E. Russi ADMll'\ISH<'A TlVE ASSISTANT Burhara A. L'Qrd 1TLi:PfJONE (473) 726-971(j L,,"" (J i3) 72{;-971 7 I I I I I I I~'· ~ I" ," •• r I • --JJeJpv AGi~ 'V Al\1 CITY COUNCIL 36 ~'L<\W STB.EET A.GA\VAlvl,lVIASSACHUSETTS 01001 June 19, 2013 ----.~~-----------------------_.--. -----~---------. __ .----------------------.-.----.,~----------~ Richard Zingarelli State NFIP Coordinator Iv!A DCR Flood Hazard Maaagement Program 251 Causeway Street, Suite 600-700 Boston, MA O~ 114-2119 Re: Certification of vote for TOR-2013-5 As Clerk and Adncinistrative Assistant to the Agawam City Council, please consider this letter as certification that at the June 17. 2013 Regular Meeting of the Agawam City Council which was held at the Roberta G. Doering School. 68 :,,'lain Street, Agawam, at 7:001'"1, the Agawam City Council voted unanimously (II Yes -0 No) 10 approve TOR-20!3-5 whicb is an Ordinance Amending §180 of the Agawam Zoning Ordinance entitled "Article XII. Floodplain Zone". A copy of the Ordinance is enclosed for your convenience. If you req uire further information or assistance, please do not hesitate to contact this office. Sincerely. !1 I ' '! .f ;1/ I't{i ):J r~-· v\-L-.{, ~ '--ti... ;1 it Barbara A. Bard Administrative Assistant Agawam City Council 1. Richaru Theroux, City Clerk for the TOW;fof Agawam, hereby attest that the above is true and urate., // ~ r ;" / /. ,:'v¥ ___ _ ichard Theroux. City Cler ' • • TOR·2013·S An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE ENTITLED "ARTICLE XII. FLOODPLAIN ZONE." (Sponsored by Agawam Planning Board) WHEREAS, on April 2, 2013 the Town of Agawam was notified by FEMA that it must update its floodplain management measures; and WHEREAS the updated Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) will become effective July 16, 2013; and WHEREAS, TOR-2013-5 must be approved by the Department of Homeland Security's Federal Emergency Management A;;,ency (FEMA) before July 16, 2013; and WHEREAS, the City Council must amend §180-67 to 74 in order to comply with the updated FEMA requirements; and WHEREAS if the Town of Agawam does not amend §180-67 to 74 property owners will not be able to purchase Flood Insurance policies and existing policies wiil not be renewed; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Fede,al disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federally insured or regulated lending institutions, such as bank and credit unions, are allowed make conventional loans for insurable buildings in flood hazard areas of non-participating communities. However, the lender will be required to notify applicants that the property is on a flood hazard area and is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make loans; and • • WHEREAS, it is in the best interests of the Town of Agawam amend §180-67 to 74. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enc,.~ts the following amendments to the Code of the Town of Agawam: Delete Section §180-67 to 74 in its entirety. Add §18G-67 to 74 as recited in Exhihit "A" attached hereto. DATED THIS j1!!JDAY OF dUiJ( ,2013. PER ORDER OF THE AGAWAM CITY COUNCIL \ 1:J.-.J ~-~~~~~==--.~~-------Chistopher C. hnson, President . . \ r ' \ APfROVED A JO FORM AND LEGALITY \,.... I' ~ V· • Exhibit "A" Article XII. FLOODPLAIN ZONE ARTICLE XII. Floodplain Zone § 180-67, Purpose, § 180-68, Maps; use of other base flood elevation data, § 180-69, Permitted uses, § 180-70, Prohibited uses, § 180-71, Special permit. § 180-72, General stipulations, § 180-73, Securities or bond required, § 180-74, Severability, § 180-67, Purpose, • The Floodplain Zone and the regulations herein have been established for the following purposes: to protect and preserve the watercourses and their adjoining floodplain; to red uce the hazards offloods upon the public health, safety and general welfare; to protect floodplain occupants from a flood that is or may be caused by their OWrI land use and that is or may be undertaken without full realization of the dangers therein; to protect the public from the burden of extraord'inary financial expenditures for flood control ar,d relief; and to protect the capacity of the floodplain to absorb, transmit and store runoff to assure retention of sufficient floodway area to convey flows which can reasonably be expected to occur, § 180-68, Maps; use of other base flood elevation data, A, The Floodplain District is herein established as an overlay district, The District includes all special flood hazard areas within the Town of Agawam designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federai Emergency Management Agency (FEMA) for the administr2,tion of the National Flood Insurance Prog"am, The map panels oHhe Hampden County FIRM that are wholly or partially within the Town of Agawam are panel numbers 25013C0377E, 25013C0379E, 25013C0381E,25013C0382E,25013C0383E,25013C0384E, 25013C0387E,25013C0391E,25013C0392E, 25013C0401E, 25013C0403E, 25013C0404E, 25013C0411E, and 25013C0413E, dated July 16, 2013, The exact boundaries of the Dist,ict may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013, The FIRM and FIS report are incorporated herein by reference and are on file in the Building Department, B, In Zone A areas where base flood elevation data is not provided by the Flood Insurance Study, other available data from federal, state or other sources shall be utilized as a basis of determining the base flood level for purposes of enforcing the provisions of this Artic!e, § 180-69, Permitted uses, In those portions of the Town so designated in § 180-68, the following uses of land shall be permitted, provided that all necessary state or federal permits are obtained: A. Conservation of water, plants and wildlife, • • B. Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. C. Grazing, fore,try and other farms or agriculture consistent with the purposes of the zone. D. Dwellings lawfully existing prior to the adoption of these provisions; however, no building permits for substantial improvements or extensions shall be granted unless a special permit is granted by the Board of Appeals. E. Pl'Oper operation and maintenance of dams and oth 'r water control devices. F. Construction and maintenance of highways, streets, sidewalks, sewers, water mains, storm drains, utilities and related facilities by governmental agencies, provided that the water and sewer systems and utilities be designed and cor,tructed to minimize flood damage and to minimize or eliminate infiltration of floodwater into the systems and discharges from the systems into floodwaters. G. The following uses by special permit as provided by § 180-71, if determined to be consistent with the purpose of this zone, said determination to be made by the Board of Appeals following application for a sf'~cial permit by the landowner or owner: (1) Developed recreation facilities, except buildings. (2) Utility lines and facilities. (3) Dams and other water control facilities, if in an authorized plan by a public agency or if built to create ponds for recreational or agricultural use. (4) Minor buildings incidental to permitted flood control, recreation, agricultural, etc. uses, and not exceeding 200 square feet in ground coverage, if constructed so as to not obstruct natural hydrological features. (5) In the floodway fringe, the Zone AE, Zone A, that portion of the Floodplain Zone outside the fioodway, the development of structures for residential use only if the lowest floor (including the basement) is elevated to or above the level of the base flood (one-hundred-year flood) and the development of structures for nonresidential use only if the lowest floor (including the basement) is elevated to be above the level of the base flood (one-hundred-year flood) or, together with the attending utility and sanitary facilities, is floodproofed to or above the level of the base flood lone- hundred-year flood), provided that a special permit is issued by the Board of Appeals. The term "floodproafed" shali mean watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. § 180-70. Prohibited uses. A. In those portions of the Town so specified in § 180-68 as "floodplain," the following uses of land shall be prohibited: (1) The bulk storage of buoyant, flammable, explosive or toxic materials. , • • (2) The addition, removal or transfer of such quantities of material, including trees, shrubs, and ground cover, that would reduce the water storage capacity of the floodplain, obstruct the flow of floodwaters in a floodway or otherwise adversely affect the natural hydrology of the area to the extent that the base flood elevation would be raised cumulatively more than one foot. (3) The digging or drilling of a well intended as a source of domestic water. (4) The insta!lation of septic tank or leaching fields or on-site waste disposal systems. (5) The placement or iocation of a mobile home or the creation of mobile home parks or subdivisions. B. In land within the floodway the following uses of land shall be prohibited, in addition to those listed above: (1) Any development within the portions of the Town so specified as "floodway" on the Flood Insurance Rate Map. (2) Erection, construction or other creation or installation of any building, dam or other structure. (3) Any which would result in any increase in flood levels during the base flood discharge. Encroachments, including structures, 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. § 180-71. Special permit. A. The application for a special permit shall include a plan prepared and certified by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts. This plan will show all proposed and existing buiidings, structures, roads, ways, drainage facilities and landscape features, including wetlands, trees and the like, and other engineering and hydrological data the Board finds necessary. The plan will show al: existing and proposed fin',shed ground contours at one-foot intervals. B. The application for a special permit shall also include an environmental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. C. The Board of Appeals may waive the requirements of Subsection B if it determines that the probable impact upon the physical environment ofthe proposed use is to be minimal and that an environmental impact statement is not ne,:essary to its consideration of the application and provided there is no direct cm,iliet with the Laws ofthe United States and the Commonwealth of Massachusetts D. The applicant shall provide the Board with an original and seven copies of the request and of any plan and/or environmental impact statement required under Subsections A and B above. The Board of Appeals shall within seven days forward one copy of each to the Inspector of Buildings, Planning Board, Board of Health and Conservation Commission. These agencies may file written recommendations with the Board of Appeals within 30 days of receipt of notification. The Board of Appeals shall not grant approval of an apolication for a special permit until these recommendations have been received or until expiration of said thirty-day period. E. In p2ssing upon such request, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections afthis Article and: • • (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by t"'2 proposed facilities to the community. (5) The necessity to the facility of a waterfront location, where applicable. 16) The availabilitv of alternative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehic,es. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected ot the site. (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. F. The Board of Appeals may issue a permit under th',s secflon 'if it finds that the proposed use of the premises will not endanger the health and safety of the occupants of land within the floodplain or the public, or it may issue a permit with such conditions as it deems necessary to protect the health and safety of the occupants and the public or provide proper flood ontrol or protection, or it may deny the application. The burden of showing that the proposed development will not endanger health and safety and that it will be an appropriate use of the land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall, as a condition of approval, require that effective notice be given to prospective purchasers or existing landowners by signs, notation on pians and permits or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alieviate the effects Oi the same. G. Without limiting the generality of the foregoir,g, the Board shall ensure that: (1) New construction or substantial i:nprovements of residential structures within the Floodplain Zone will have the lowest floor (including the basement) elevated to or above the level ofthe one-hundred- year flood. (2) No use or structure shail be located in the designated flood way which would result in any increase in flood levels during the base flood discharge. (3) No fill or encroachment within the deSignated floodway shall be permitted that would impair its ab'lity to carry and discharge the waters resulting from the one-hundreD-year fiood, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard • • engineering practice that the proposed encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge. (4) All other necessary permits for the proposed development, as defined in § 180-2, have been received from those federal, state or local governmental agencies from which price approval is required. (5) Adjacent communities and the Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 500-700, Boston, Massachusetts 012114 are notified prior to any alteration or relocation of a watercourse, and that evidence of such notification is submitted to the FEMA 99 High Street, 6th Floor, Bosto~, MA 02110 and that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. (6) New or replacement water supply systems and/or qnitary sewerage systems to be located in the Floodplain Zone sha:J be designed to minimize or eliminate infiltration offloodwaters into the systems and discharges from the systems into floodwaters. (7) All subdivision proposals must be designed to assure 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. (8) In a riverine situation, Building Inspector sha II notify the following of any alteration or relocation of a watercourse: (a) Adjacent Communities, Bordering States; NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600·700 Boston, MA C2114-2104; (b)NFIP Prog,am Specialist, Federal Emergency Management Agency, Region 199 High Street, 6th Floor Boston, Mil 02110 . (9) 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. (10) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data 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 ba'se flood discharge. § 180-72. General stipulations. A. A subdivision filed with the Planning Board under Chapter 41 of the General Laws of Massachusetts shall meet the rules and regulations of the Planning Board as they apply to floodplain management. Editor's Note: See Article VI!, Floodplains, of Ch. 159, Subdivision of Land. The subdivision as approved by the Planning Board may be considered a single application when submitted to the Board of Appe21s under this Article. The action of the Planning Board shall in no way lim ',t the Board of Appeals in its decision and setting of conditions. B. Nothing contained in this Article shall limit the authority of the Board of Health with respect to premises in the Floodplain Zone or affect the applicability of the Building Code Editor's Note: See eh. 82, Buiiding Construction. :0 any building in the Floodplain Zone. • • C. A building permit issued by the Inspector of Buildings before the effective date of this Article shalt be deemed to be a permit hereunder, D. Any plans or applications submitted to any board, agent or authority of the Town which concerns land within the floodplain shall be noted: "This proposal is for land which lies in the floodplain and meets the requirements ofthe Floodplain Ordinance." E. Any existing nonconforming uses or structures in the designated floodway shall not be substantially improved but may be modified, altered, repaired or reconstructed, subject to regulations pertaining to nonconforming uses, to incorporate flood proofing measures, provided that such measures or such modification, alteration, repair or reconstruction do not raise the level of the one-hundred-year flood at any point. F, No new construction, alteration or extension of a structure for human occupancy as permitted under § 180-71shall be allowed beyond the foundation stage until the elevation of the lowest floor (including the basement) has been checked and certified, in writing, to the inspector of Buildings or as being the elevation as stated on the approved plans or higher. All final grades or any change in topography shall be checked and certified, in writing, as being according to the approved plans. Inspection and certification shall be made by a registered professional engineer or land surveyor. All costs incurred under this section shall be borne by the applicant. Records of these elevations and certifications shall be C1aintained in the office of the Inspector of Buildings and shall be open to public inspection. G, Where interpretation is needed as to the exact location of the boundaries the Floodplain Zone (for example, where there appears to be conflict between a mapped boundary ond actual field conditions), the Building Inspector shall consult the i'JFIP Program SpeCialist, FEMA and/or NFIP State Coordinator at the Massachusetts Department of Conservation and Recreation for the necessary interpretation, § 180-73, Securities or bond required. The completion of all earth work not bonded or CQven2nted under Chapter 41 of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the Town prior to commencement by any earth work, § 180-74, Severability. The invalidity of any section or provision of this Article for regulation of the floodplain shall not invalidate any other section or provision hereof. • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 June 7, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MAOIOO] Dear Councilors: Tel. 413-786-0400 Fax 413-786-9927 At its duly called meeting held on June 6, 2013, the Agawam Planning Board voted 4-0 to send a positive recommendation to the Town Council with regard to the attached zoning amendment to Section 180 of the Agawam Zoning Ordinance entitled "Article XII, Floodplain Zo.ne". The Board recommends that when this zoning amendment is approved that some type of public notification be made (i.e. newspaper article). If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely,. .../J 1_" /A~ I.~d 0.0 fr;tvis P . Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • • TO-2013-_ An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE ENTITLED "ARTICLE XII. FLOODPLAIN ZONE." (Sponsored by Agawam Planning Board) WHEREAS, on April 2, 2013 the Town of Agawam was notified by FEMA that it must update its floodplain management measur~s; and WHEREAS the updated Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) will become effective July 16, 2013; and WHEREAS, TO-2013 __ must be approved by the Department of Homeland Security's Federal Emergency Management Agency (FEMA) before July 16, 2013; and WHEREAS, the City Council must amend §180-67 to 74 in order to comply with the updated FEMA requirements; and WHEREAS if the Town of Agawam does not amend §180-67 to 74 property owners will not be able to purchase Flood Insurance policies and existing policies will not be renewed; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood: and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federally insured or regulated lending institutions, such as bank and credit unions, are allowed make conventional loans for insurable buildings in flood hazard areas of non-participating communities. However, the lender will be required to notify applicants that the property is on a flood hazard area and is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make loans; and • • WHEREAS, it is in the best interests of the Town of Agawam amend §180-67 to 74. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Delete Section §180-67 to 74 in its entirety. Add §180-67 to 74 as recited in Exhibit "A" attached hereto. DATED THIS __ DAY OF ~ _____ ,2013. PER ORDER OF THEAGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, Solicitor • Exhibit "A" Article XII. FLOODPLAIN ZONE ARTICLE XII. Floodplain Zone § 180-67. Purpose. § 180-68. Maps; use of other base flood elevation data. § 180-69. Permitted uses. § 180-70. Prohibited uses. § 180-71. Special permit. § 180-72. General stipulations. § 180-73. Securities or bond required. § 180-74. Severability. § 180-67. Purpose. • The Floodplain Zone and the regulations herein have been established for the following purposes: to protect and preserve the watercourses and their adjoining floodplain; to reduce the hazards of floods upon the public health, safety and general welfare; to protect floodplain occupants from a flood that is or may be caused by their own land use and that is or may be undertaken without full realization of the dangers therein; to protect the public from the bunden of extraordinary financial expenditures for flood control and relief; and to protect the capacity of the floodplain to absorb, transmit and store runoff to assure retention of sufficient f100dway area to convey flows which can reasonably be expected to occur. § 180-68. Maps; use of other base flood elevation data. A. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Agawam designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) forthe administration of the National Flood Insurance Program. The map panels ofthe Hampden County FIRM that are wholly or partially within the Town of Agawam are panel numbers 25013C0377E, 25013C0379E, 25013C0381E, 25013C0382E, 25013C0383E, 25013C0384E, 25013C0387E, 25013C0391E, 25013C0392E, 25013C0401E, 25013C0403E, 25013C0404E, 25013C0411E, and 25013C0413E, dated July 16, 2013. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference and are on file in the Building Department. . B. In Zone A areas where base flood elevation data is not provided by the Flood Insurance Study, other available data from federal, state or other sources shall be utilized as a basis of determining the base flood level for purposes of enforcing the provisions of this Article. § 180-69. Permitted uses. In those portions of the Town so designated in § 180-68, the following uses of land shall be permitted, prOVided that all necessary state or federal permits are obtained: A. Conservation of water, plants and wildlife. • • B. Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. C. GraZing, forestry and other farms or agriculture consistent with the purposes of the zone. D. Dwellings lawfully existing prior to the adoption of these provisions; however, no building permits for substantial improvements or extensions shall be granted unless a special permit is granted by the Board of Appeals. E. Proper operation and maintenance of dams and other water control devices. F. Construction and maintenance of highways, streets, sidewalks, sewers, water mains, storm drains, utilities and related facilities by governmental agencies, provided that the water and sewer systems and utilities be designed and constructed to minimize flood damage and to minimize or eliminate infiltration of floodwater into the systems and discharges from the systems into floodwaters. G. The following uses by special permit as provided by § 180-71, if determined to be consistent with the purpose of this zone, said determination to be made by the Board of Appeals following application for a special permit by the landowner or owner: (1) Developed recreation facilities, except buildings. (2) Utility lines and facilities. (3) Dams and other water control facilities, if in an authorized plan by a public agency or if built to create ponds for recreational or agricultural use. (4) Minor buildings incidental to permitted flood control, recreation, agricultural, etc .. uses, and not exceeding 200 square feet in ground coverage, if constructed so as to not obstruct natural hydrological features. (5) In the floodway fringe, the Zone AE, Zone A, that portion of the Floodplain Zone outside the . floodway, the development of structures for residential use only if the lowest floor (including the basement) is elevated to or above the level of the base flood (one-hundred-year flood) and the development of structures for nonresidential use only if the lowest floor (including the basement) is elevated to be above the level of the base flood (one-hundred-year flood) or, together with the attending utility and sanitary facilities, is flood proofed to or above the level of the base flood (one- hundred-year flood), provided that a special permit is issued by the Board of Appeals. The tenm "flood proofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. § 180-70. Prohibited uses. A. In those portions of the Town so specified in § 180-68 as "floodplain," the following uses of land shall be prohibited: (1) The bulk storage of buoyant, flammable, explosive or toxic materials. • • (2) The addition, removal or transfer of such quantities of material, including trees, shrubs, and ground cover, that would reduce the water storage capacity of the floodplain, obstruct the flow of floodwaters in a floodway or otherWise adversely affect the natural hydrology of the area to the extent that the base flood elevation would be raised cumulatively more than one foot. (3) The digging or drUling of a well intended as a source of domestic water. (4) The installation of septic tank or leaching fields or on-site waste disposal systems, (5) The placement or location of a mobile home or the creation of mobile home parks or subdivisions. B. In land within the f100dway the following uses of land shall be prohibited, in addition to those listed above; (1) Any development within the portions of the Town so specified as "flood way" on the Flood Insurance Rate Map. (2.) Erection, construction or other creation or installation of any building, dam or other structure. (3) Any which would result in any increase in flood levels during the base flood discharge; Encroachments, including structures, 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, § 180-71. Special permit. . A. The application for a special permit shall include a plan prepared and certified by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts. This plan will show all proposed and existing buildings, structures, roads, ways, drainage facilities and landscape features, including wetlands, trees and the like, and other engineering and hydrological data the Board finds necessary. The plan will show all existing and proposed finished ground contours at one-foot intervals, B. The application for a special permit shall also include an environmental impact statement prepared by -an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. e. The Board of Appeals may waive the requirements of Subsection B if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that an environmental impact statement is not necessary to its consideration of the application and provided there is no direct conflict with the Laws of the United States and the Commonwealth of Massachusetts D. The applicant shall provide the Board with an original and seven copies of the request and of any plan and/or environmental impact statement required under Subsections A and B above. The Board of Appeals shall within seven days forward one copy of each to the Inspector of Buildings, Planning Board, Board of Health and Conservation Commission. These agencies may file written recommendations with the Board of Appeals within 30 days of receipt of notification. The Board of Appeals shall not grant approval of an application for a special permit until these recommendations have been received or until expiration of said thirty-day period. E. In passing upon such request, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article and: • • (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facilities to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. F. The Board of Appeals may issue a permit underthis section if it finds that the proposed use of the premises will not endanger the health and safety of the occupants of land within the floodplain or the public, or it may issue a permit with such conditions as it deems necessary to protect the health and safety of the occupants and the public or provide properflood control or protection, or it may deny the application. The burden of showing that the proposed development will not endanger health and safety and that it will be an appropriate use of the land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall, as a condition of approval, require that effective notice be given to prospective purchasers or existing landowners by signs, notation on plans and permits or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same. G. Without limiting the generality of the foregoing, the Board shall ensure that: (1) New construction or substantial improvements of residential structures within the Floodplain Zone will have the lowest floor (including the basement) elevated to or above the level ofthe one-hundred- year flood. (2) No use or structure shall be located in the designated floodway which would result in any increase in flood levels during the base flood discharge. (3) No fill or encroachment within the designated floodway shall be permitted that would impair its ability to carry and discharge the waters resulting from the one-hundred-year flood, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard • • engineering practice that the proposed encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge. (4) All other necessary permits for the proposed development, as defined in § 180-2, have been received from those federal, state or local governmental agencies from which price approval is required. (5) Adjacent communities and the Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700, Boston, Massachusetts 012114 are notified prior to any alteration or relocation of a watercourse, and that evidence of such notification is submitted to the FEMA 99 High Street, 6th Floor, Boston, MA 02110 and that the flood-carrying capacity within the altered or relocated. portion of any watercourse is maintained. (6) New or replacement water supply systems and/or sanitary sewerage systems to be located in the Floodplain Zone shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) All subdivision proposals must be designed to assure 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. (8) In a riverine Situation, Building Inspectorshall notify the following of any alteration orrelocatio~ ola watercourse: (a) Adjacent Communities, Bordering States; NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104; (b)NFIP Program Specialist, Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 (9) 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. (10) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data 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. § 180-72. General stipulations. A. A subdivision filed with the Planning Board under Chapter 41 of the General Laws of Massachusetts shall meet the rules and regulations of the Planning Board as they apply to floodplain management. Editor's Note: See Article VII, Floodplains, of Ch. 159, Subdivision of Land. The subdivision as approved by the Planning Board may be considered a single application when submitted to the Board of Appeals under this Article. The action of the Planning Board shall in no way limit the Board of Appeals in its decision and setting of conditions. B. Nothing contained in this Article shall limit the authority of the Board of Health with respect to premises in the Floodplain Zone or affect the applicability of the Building Code Editor's Note: See Ch. 82, Building Construction. to any building in the Floodplain Zone. •• • C. A building permit issued by the Inspector of Buildings before the effective date of this Article shall be deemed to be a permit hereunder. o. Any plans or applications submitted to any board, agent or authority of the Town which concerns land within the floodplain shall be noted: "This proposal is for land which lies in the floodplain and meets the requirements of the Floodplain Ordinance." E. Any eXisting nonconforming uses or structures in the designated floodway shall not be substantially improved but may be modified, altered, repaired or reconstructed, subject to regulations pertaining to nonconforming uses, to incorporate flood proofing measures, provided that such measures or such modification, alteration, repair or reconstruction do not raise the level of the one-hundred-year flood at any pOint. F. No new construction, alteration or extension of a structure for human occupancy as permitted under § 180-71shall be allowed beyond the foundation stage until the elevation of the lowest floor (including the basement) has been checked and certified, in writing, to the Inspector of Buildings or as being the elevation as stated on the approved plans or higher. Allfinal grades or any. change in topography shall be checked· and certified, in writing, as being according to the approved planS, Inspection and certification shall be made by a registered professional engineer or land surveyor. All costs incurred under this section shall be borne by the applicant. Records of these elevations and certifications shall be maintained in the office of the Inspector of Buildings and shall be open to public inspection. G. Where interpretation is needed as to the exact location of the boundaries the Floodplain Zone (for example, where there appears to be conflictbetween a mapped boundary and actual field conditions), the Building Inspector shall consult the NFIP Program Specialist, FEMA arid/or NFIP State Coordinator at the Massachusetts Department of ConservatiQn and Recreation for the necessary interpretation .. . § 180-73. Securities orbond required. The completion of all earth work not bonded or covenanted under Chapter 41 of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the Town prior to commencement by any earth work. § 180c74. Severability. The invalidity of any section or provision of this Article for regulation ofthe floodplain shall not invalidate any other section or provision hereof. • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to Section 180 of the Agawam Zoning Ordinance entitled "Article XII, Floodplain Zone". A copy of the proposal can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board (Ad to be run 5/23/13 & 5/30113) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Developmer ~NOl1CE TOWN OF AGAWAM PLANNING IIOARD The. Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Stree~ Agawam. MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amend- ment to Section 180 of the Agawam Zoning Ordinance entitled "Article XII. Floodplain Zone". A copy of the proposal can he obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam. MA. BY ORDER OF: Travis P. Ward, Chairman AgaWIIiIl PI ....... _ ~13 LEGALNOJ1~ TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam. MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed Z<lIIiaI ameud- nent to Section 11lO of the Agawam Zoning Ordinance entitled "Article XII. Floodplain Zone". A copy of the proposal can be ob ....... from the Agawam PlaJlllilt& Office between the hOlD 01. 8:30 AM and 4:30 PM ill .. Agawam Town Hall, 36 MJdD Street. Agawam. MA; BY ORDER OF: Travis P. Ward. Ch ..... Agawam Planning Board 5123,5130/13 AGAWAM ZONING BOARD OF APPEALS LEGAL ADVERTISEMENf April 24, 2013 Notice is hereby given that the Agawam ZoaiB, Board of Appeals will bold a public hearing at the lip wam Public Library Com- munity Room. 1"5tT Cobpca - Street, Agawam. MA on Mouday, lune 10, ltt3 at 6:30PM for all p.meo interested in the appeal of Richard & Betty Voltz, ....... are seeking a special pomUt in accordance with SeetioD 180-7 of the Town of Ala- warn's Zoning Ordinace4 to construct an addition at the premises identified .. '95 Edward Street. 1*-Prwty Chairperson ApwIIIl Board of Appeals 5123,5130/13 • • Town of A~awam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Town Solicitor EngineeringlDPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board MEMO SUBJECT: Proposed Zoning Amendment -Floodplain Zone DATE: . May 14, 2013 The Planning Board is the petitioner on the attached zoning amendment entitled "Article XII, Floodplain Zone". The Board will be holding a public hearing on Thursday, June 6, 2013. Please submit any comments you may have prior to that date. ~ely, ". (; ·/~PtJ~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD TW:prk • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001·1837 May 3, 2013 Christopher C. Johnson, President Dennis 1. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor . Robert Rossi, Councilor Agawam Town Council 36 Main Street . Agawam, MA 01001 Dear Councilors: Tel. 413-786-0400 Fax 413-786·9927 ..... = .c::;. In January 2013, The Federal Emergency Management Agency (FEMA) notified the Town that it had prepared new Federal Flood Insurance Rate Maps. These maps are slated to go into effect on July .16, 2013. Each time FEMA provides a municipality with new or revised flood hazard data, the community must adopt new floodplain management regulations or revise its existing regulations. Agawam's floodplain management regulations are found in Agawam's bming Ordinance, Section 180, Article XII. . The Law Department and the Planning Department have been working with the State' s Flood Hazard Mapping Coordinator to revise Agawam's Floodplain Ordinance.· The revised ordinance has been attached. In order to meet the July 16, 2013 deadline, the Planning Board at its duly called meeting held on May 2,2013, voted to be the petitioner on the attached Zoning Amendment, Section 180 of the Agawam Zoning Ordinance entitled "Article XII, Floodplain Zone". Please be advised that failure to adopt the revised ordinance by July 16,2013 will result in Agawam's suspension from the National Flood InsUrance Program. • • If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, /./L~p.~~ D~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • • TO-2013-_ An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE ENTITLED "ARTICLE XII. FLOODPLAIN ZONE." (Sponsored by Agawam Planning Board) WHEREAS, on April 2, 2013 the Town of Agawam was notified by FEMA that it must update its floodplain management measures; and WHEREAS the updated Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) will become effective July 16, 2013; and WHEREAS, TO-2013 __ must be approved by the Department of Homeland Security's Federal Emergency Management Agency (FEMA) before July 16, 2013; and WHEREAS, the City Council must amend §180-67 to 74 in order to comply with the updated FEMA requirements; and WHEREAS if the Town of Agawam does not amend §180-67 to 74 property owners will not be able to purchase Flood Insurance policies and existing policies will not be renewed; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs; and WHEREAS, if the Town of Agawam does not amend §180-67 to 74 Federally insured or regulated lending institutions, such as bank and credit unions, are allowed make conventional loans for insurable buildings in flood hazard areas of non-participating communities. However, the lender will be required to notify applicants that the property is on a flood hazard area and is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make loans; and • • WHEREAS, it is in the best interests of the Town of Agawam amend §180-67 to 74. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Delete Section §180-67 to 74 in its entirety. Add §180-67 to 74 as recited in Exhibit "A" attached hereto. DATED THIS __ DAY OF ______ ,2013. PER ORDER OF THEAGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, Solicitor • Exhibit "Au Article XII. FLOODPLAIN ZONE ARTICLE XII. Floodplain Zone § 180-67. Purpose. § 180-68. Maps; use of other base flood elevation data. § 180-69. Permitted uses. § 180-70. Prohibited uses. § 180-71. Special permit. § 180-72. General stipulations. § 180-73. Securities or bond required. § 180-74. Severability. § 180-67. Purpose. • The Floodplain Zone and the regulations herein have been established for the following purposes: to protect and preserve the watercourses and their adjoining floodplain; to reduce the hazards of floods upon the public health, safety and general welfare; to protect floodplain occupants from a flood that is or may be caused by their own land use and that is or may be undertaken without full realization of the dangers therein; to protect the public from the burden of extraordinary financial expenditures for flood control and relief; and to protect the capacity of the floodplain to absorb, transmit and store runoff to assure retention of sufficient flood way area to convey flows which can reasonably be expected to occur. § 180-68. Maps; use of other base flood elevation data. A. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Agawam designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) forthe administration of the National Flood Insurance Program. The map panels ofthe Hampden County FIRM that are wholly or partially within the Town of Agawam are panel numbers 25013C0377E, 25013C0379E, 25013C0381E,25013C0382E,25013C0383~25013C0384E,25013CO387E,25013C0391~25013C0392~ 25013C0401E, 2S013C0403E, 2S013C0404E, 2S013C0411E, and 2S013C0413E, dated July 16, 2013. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference and are on file in the Building Oepartment. B. In Zone A areas where base flood elevation data is not provided by the Flood Insurance Study, other available data from federal, state or other sources shall be utilized as a basis of determining the base flood level for purposes of enforcing the provisions of this Article. § 180-69. Permitted uses. In those portions of the Town so designated in § 180-68, the following uses of land shall be permitted, provided that all necessary state or federal permits are obtained: A. Conservation of water, plants and wildlife. • • B. legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. C. Grazing, forestry and other farms or agriculture consistent with the purposes of the zone. D. Dwellings lawfully existing prior to the adoption of these provisions; however, no building permits for substantial improvements or extensions shall be granted unless a special permit is granted by the Board of Appeals. E. Proper operation and maintenance of dams and other water control devices. F. Construction and maintenance of highways, streets, sidewalks, sewers, water mains, storm drains, utilities and related facilities by governmental agencies, prOVided that the water and sewer systems and utilities be designed and constructed to minimize flood damage and to minimize or eliminate infiltration of floodwater into the systems and discharges from the systems into floodwaters. G. The following uses by special permit as provided by § 180-71, if determined to be consistent with the purpose of this zone, said determination to be made by the Board of Appeals following application for a special permit by the landowner or owner: (1) Developed recreation facilities, except buildings. (2) Utility lines and facilities. (3) Dams and other water control facilities, if in an authorized plan by a public agency or if built to create ponds for recreational or agricultural use. (4) Minor buildings incidental to permitted flood control, recreation, agricultural, etc. uses, and not exceeding 200 square feet in ground coverage, if constructed so as to not obstruct natural hydrological features. (5) In the f100dway fringe, the Zone AE, Zone A, that portion of the Floodplain Zone outside the floodway, the development of structures for residential use only if the lowest floor (including the basement) is elevated to or above the level of the base flood (one-hundred-year flood) and the development of structures for nonresidential use only ifthe lowest floor (including the basement) is elevated to be above the level of the base flood (one-hundred-year flood) or, together with the attending utility and sanitary facilities, is f1oodproofed to or above the level of the base flood (one- hundred-year flood), provided that a special permit is issued by the Board of Appeals. The term "floodproofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. § 180-70. Prohibited uses. A. In those portions of the Town so specified in § 180-68 as "floodplain," the following uses of land shall be prohibited: (1) The bulk storage of buoyant, flammable, explosive or toxic materials. • • (2) The addition, removal or transfer of such quantities of material, including trees, shrubs, and ground cover, that would reduce the water storage capacity of the floodplain, obstruct the flow of floodwaters in a flood way or otherwise adversely affect the natural hydrology of the area to the extent that the base flood elevation would be raised cumulatively more than one foot. (3) The digging or drilling of a well intended as a source of domestic water. (4) The installation of septic tank or leaching fields or on-site waste disposal systems. (5) The placement or location of a mobile home or the creation of mobile home parks or subdivisions. B. In land within the floodway the following uses of land shall be prohibited, in addition to those listed above: (1) Any development within the portions of the Town so specified as "floodway" on the Flood Insurance Rate Map. (2) Erection, construction or other creation or installation of any building, dam or other structure. (3) Any which would result in any increase in flood levels during the base flood discharge. Encroachments, including structures, 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. § 180-71. Special permit. A. The application for a special permit shall include a plan prepared and certified by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts. This plan will show all proposed and existing buildings, structures, roads, ways, drainage facilities and landscape features, including wetlands, trees and the like, and other engineering and hydrological data the Board finds necessary. The plan will show all existing and proposed finished ground contours at one-foot intervals. B. The application for a special permit shall also include an environmental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment ofthe proposed use. C. The Board of Appeals may waive the requirements of Subsection B if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that an environmental impact statement is not necessary to its consideration of the application and provided there is no direct conflict with the laws of the United States and the Commonwealth of Massachusetts D. The applicant shall provide the Board with an original and seven copies of the request and of any plan and/or environmental impact statement required under Subsections A and B above. The Board of Appeals shall within seven days forward one copy of each to the Inspector of Buildings, Planning Board, Board of Health and Conservation Commission. These agencies may file written recommendations with the Board of Appeals within 30 days of receipt of notification. The Board of Appeals shall not grant approval of an application for a special permit until these recommendations have been received or until expiration of said thirty-day period. E. In passing upon such request, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article and: • • (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facilities to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive plan and Floodplain Management Program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, veloCity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. F. The Board of Appeals may issue a permit under this section if it finds that the proposed use of the premises will not endanger the health and safety of the occupants of land within the floodplain or the public, or it may issue a permit with such conditions as it deems necessary to protect the health and safety of the occupants and the public or provide proper flood control or protection, or it may deny the application. The burden of showing that the proposed development will not endanger health and safety and that it will be an appropriate use of the land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall, as a condition of approval, require that effective notice be given to prospective purchasers or existing landowners by signs, notation on plans and permits or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same. G. Without limiting the generality of the foregOing, the Board shall ensure that: (1) New construction or substantial improvements of residential structures within the Floodplain Zone will have the lowest floor (including the basement) elevated to or above the level of the one-hundred- year flood. (2) No use or structure shall be located in the designated floodway which would result in any increase in flood levels during the base flood discharge. (3) No fill or encroachment within the deSignated floodway shall be permitted that would impair its ability to carry and discharge the waters resulting from the one-hundred-year flood, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard • • engineering practice that the proposed encroachments would not resultin any increase in flood levels during the occurrence of the base flood discharge. {4} All other necessary permits for the proposed development, as defined in § 180-2, have been received from those federal, state or local governmental agencies from which price approval is required. {5} Adjacent communities and the Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700, Boston, Massachusetts 012114 are notified prior to any alteration or relocation of a watercourse, and that evidence of such notification is submitted to the FEMA 99 High Street, 6th Floor, Boston, MA 02110 and that the flood-carrying capacity within the altered or relocated. portion of any watercourse is maintained. {6} New or replacement water supply systems and/or sanitary sewerage systems to be located in the Floodplain Zone shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. {7} All subdivision proposals must be designed to assure 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. (8) In a riverine Situation, Building Inspector shall notify the following of any alteration or relocation of a watercourse: (a) Adjacent Communities, Bordering States; NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104; (b}NFIP Program Specialist, Federal Emergency Management Agency, Region 199 High Street, 6th Floor Boston, MA 02110 {9} 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. (10) In Zones A and AE, along watercourses that have not had a regulatory floodway deSignated, the best available Federal, State, local, or other flood way data 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. § 180-72. General stipulations. A. A subdivision filed with the Planning Board under Chapter 41 of the General laws of Massachusetts shall meet the rules and regulations of the Planning Board as they apply to floodplain management. Editor's Note: See Article VlJ, Floodplains, of CIl. 159, Subdivision of land. The subdivision as approved by the Planning Board may be considered a single application when submitted to the Board of Appeals under this Article. The action of the Planning Board shall in no way limit the Board of Appeals in its decision and setting of conditions. B. Nothing contained in this Article shall limit the authority of the Board of Health with respect to premises in the Floodplain Zone or affect the applicability of the Building Code Editor's Note: See Ch. 82, Building Construction. to any building in the Floodplain Zone. • • C. A building permit issued by the Inspector of Buildings before the effective date of this Article shall be deemed to be a permit hereunder. D. Any plans or applications submitted to any board, agent or authority of the Town which concerns land within the floodplain shall be noted: "This proposal is for land which lies in the floodplain and meets the requirements of the Floodplain Ordinance." E. Any existing nonconforming uses or structures in the designated flood way shall not be substantially improved but may be modified, altered, repaired or reconstructed, subject to regulations pertaining to nonconforming uses, to incorporate floodproofing measures, provided that such measures or such modification, alteration, repair or reconstruction do not raise the level of the one-hundred-year flood at any pOint. F. No new construction, alteration or extension of a structure for human occupancy as permitted under § 18o-71shall be allowed beyond the foundation stage until the elevation of the lowest floor (including the basement) has been checked and certified, in writing, to the Inspector of Buildings or as being the elevation as stated on the approved plans or higher. All final grades or any change in topography shall be checked and certified, in writing, as being according to the approved plans. Inspection and certification shall be made by a registered professional engineer or land surveyor. All costs incurred under this section shall be borne by the applicant. Records of these elevations and certifications shall be maintained in the office of the Inspector of Buildings and shall be open to public inspection. G. Where interpretation is needed as to the exact location of the boundaries the Floodplain Zone (for example, where there appears to be conflict between a mapped boundary and actual field conditions), the. Building Inspector shall consult the NFIP Program Specialist, FEMA and/or NFIP State Coordinator at the Massachusetts Department of Conservation and Recreation for the necessary interpretation. § 180-73. Securities or bond required. The completion of all earth work not bonded or covenanted under Chapter 41 of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the Town prior to commencement by any earth work. § 180-74. Severability. The invalidity of any section or provision of this Article for regulation ofthe floodplain shall not invalidate any other section or provision hereof.