TOR-2013-5 FLOOD PLAIN -7=
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FA
AGAWAM CITY COUNCIL
A)
36 MAIN STRF-ET
AGAWAM, MASSACHUSETTS 01001
ED
June 19, 2013
Richard Zingarelli
PRESIDENT State NFIP Coordinator
Christopher C,Johnson MA DCR Flood Hazaid Management Program
VICE PRESIDErfr 251 Causeway Street, Suite 600-700
Dennis J Perry Boston, MA 02114-2119
COUNCILORS Re: Certification of vote forTOR-2013-5
Geurge Bitz-as
Cecilia F Calabrese
Paul C. Cavallo As Clerk and Administrative Assistant to the Agawam City Council,
James P. Cicheiti please consider this letter as certification that at the June 17, 2013
Gina.-W. Lelellier
Roberl A.Magovern Regular Meeting of the Agawam City Council which was held at the
Joseph Mineo Roberta G. Doering School, 68 Main Street, Agawam, at 7:00pm, the
Donald Al. Rheardl Agawam City Council voted unanimously (I I Yes — 0 No) to approve
Robert E. Rossi TOR-2013-5 which is an Ordinance Amending §180 of the Agawam
Zoning Ordinance entitled "Article XII. Floodplain Zone". A copy of the
ADMINISTRATIVE Ordinance is enclosed for your convenience.
ASSISTANT
Barbara A. Bard If you require further information or assistance, please do not hesitate to
contact this office.
Sincerely,
Barbara A. Bard
Administrative Assistant
Agawam City Council
'?Ap-awam, hereby attest
1, Richard Theroux, City Clerk for the Tow 6,
TE LEPHONE
(413) 726-9716 that the above is true andaKiurate.
PAY
('413) 726-9717
-11fe' hara Thei�oux' City Clez<
EMAIL
bhard@agmvanj,ina,us
TOR-2013-5
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 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 .!��Jf— , 2013.
PER ORDER OF THE AGAWAM CITY COUNCIL
/ ok
c7A Eov—�'
Christopher C. hnson, President
A RO ED A 0 FORM AND LEGALITY
Vincent F. GNicia, Solicitor
Exhibit"A"
Article XIL FLOODPLAIN ZONE
ARTICLE XIL 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 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 Federal Emergency Management Agency fFEMA)for the
administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM
that are wholly or partially Within the Town of Agawam are panel,numbers 25013CO377E,25013CO379E,
25013CO381E,25013CO382E, 25013CO383E, 25013CO384E,25013CO387E, 25013CO391E, 25013CO392E,
25013CO401E,25013CO403E, 25013CO404E,25013CO411E,and 25013CO413E,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 floodproofed 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
"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 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 tnsurance
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.
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.
L 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 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 60G-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, 6 Ih 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)NFJP 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 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, Fioodplains,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.
0.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 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
§ 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
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 of the floodpiain shall not
invalidate any other section or provision hereof.
TOR-2013-5
C".
An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE
At cc
ju,- 19 AM 10: NTITLED "ARTICLE X11. FLOODPLAIN ZONE."
(Sponsored by Agawam Planning Board) 4t Six e-
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 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 THE AGAWAM CITY COUNCIL
Christopher C. hnson, President
tjophehnson 2 Pie
C is rC
AjRO ED A 0 1.FORMAND LEGALITY
Vincent F. GIScia, Solicitor
Exhibit"A"
Article X11. FLOODPLAIN ZONE
ARTICLE XII. Flolociplain Zone
§ 180-67. Purpose.
§ 180-6& 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 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 Federal Emergency Management Agency(FEMA)for the
administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM
that are wholly or partially within the Town of Agawam are:panel numbers 25013CO377E, 25013CO379E,
25013CO381E,25013CO382E, 25013CO383E,25013CO384E, 25013CO387E, 25013CO391E,25013CO392E,
25013CO401E,25013CO403E, 25013CO404E,25013CO411E,and 25013CO413E,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.
8, 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,
ti) 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 floodproofed 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
"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: I
(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 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 professiona I
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.
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 8 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 da nger to life a nd 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 conclitions, 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 thateffective 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 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 Conse'rvation 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, 6'h 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 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,
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 floodway 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
§ 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
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 ea rth 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 of the floodplain shall not
invalidate any other section or provision hereof.
MAYORAL ACTION
Received this day of Min e— 2013 from Council Clerk.
Signed by Council President this day of
2013.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to A-tticle 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this jCi41� day of
2013.
A
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amend4 I hereby veto the passage of the above legislation on this day of
2013 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this dav of
e, 2013.
Town ,of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
10
Tel. 413-786-0400 Fax 413:-*-9927
June 7, 2013
Christopher C. Johnson,President
Dennis J. PerTy, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor'
CD
Paul C. Cavallo, Councilor
James P. Cichetti,Councilor
Gina M. Letelliet, Councilor
Robert A. Mago'vern, Councilor
Joseph Mineo, Councilor
Donald M. Rheault, Councilor CD
-Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 0 1001
Dear Councilors:
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 XIL Floodplain Zone". 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 8138.
Sincerely, 0'
—ZtM;�PWard, Chairman'
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
TO-2013-
An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE
ENTITLED "ARTICLE XII. FLOODPLAIN ZONE.11
(Sponsored by Agawam Planning�Board)
WHEREAS, on April 2, 201.3 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
WHEREA'S, TO-2013 must be approved by the. Department of
Homeland Security's Federal Emergency Management Agency (FEMA) before
July 16, �013; 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 deve'lopment 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
PER ORDER,OF THEIAGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent R� Gioscia, Solicitor
Exhibit"A"
Article XIL FLOODPLAIN ZONE
ARTICLE X11, Floodplain Zone
180-67, Purpose.
§ 180-68. Maps; use of o'ther base flood elevation data.
§ 180-69�. Permitted uses.
§ 180-70. Prohibited uses.
§ 180-71.Specia I 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,rea I ization of the
dangers therein;to protect the public from the burden of extraordinary financialexpenditur0s for flood
control and 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 reasonabl�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 o'rAE on the Hampden County
'Flood Insurance Rate Map(FIRM)issued by the Federal Emergency Ma.nagement Agency[FEMA�for'.the
administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM
that are wholly or partially within the Town of Agawam are panel numbers 25013CO377E,25013CO379E,
25013CO381E, 25013CO382E,25013CO383E, 25013CO384E, 25013CO387E, 25013CO391E, 25013CO392E,
25013CO401E, 25013CO403E,25013CO404E,25013CO411E,and 25013CO413E,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 followinguses by special permit as provided by§'1,80-71, if determined to be consistent with the
purpose of this zone,sajd�determlnation 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'llnes and facilities,
(3)Dams and otherwater control facilities,if in an authorized plan by a public agency.or if built to create
ponds for recreational or agricultural tiie.
(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 ione-hundred-yefar 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 (one-
11hundred-year flood),provided that a special permit is issued by the Board of Appeals.The term
"floodproofed"shaH 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§190-68 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 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. .
'S. 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 dischairge.'
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 fora 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, wa�s, drainage facilities and landscape features,
Including wetlands,trees and t.he 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 shalt 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 8 If it determines that the probable
impact u pon 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 8 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 wit'h
the Board of Appeals within 30 days of receipt of notification.The Board of Appeals shall not grant
approval of an applicatlon 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 relevapt
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 PI'an 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 thi 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 successorin 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 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 communffles�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,6 th 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 sew6rage 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)Alt 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,Auilding Inspector,shall notify the following of any alteration or relocation of a
watercourse:
(a)Adjacent Communities, Bordering States; NF(P 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 S acres,whichever is the lesser,Within unnumbered A zones.
(10) In Zones A arid,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 whi'ch would result in any increase in flood levels within the community during the
occurrence of thebase 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 whe'n 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 Fioodplain 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 fies in the floodPlain and
meets the requirements of the Fioodplain Ordinance."
E.Any existing nonconforming uses or structures in the designated floodwa�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 e'xtension 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 c'hecked and certified,in writing,to the Inspector of Buildings o,r as being the
elevation as stated on the approved plans or higher.All.final grades or anychange in topography shall
be checked And certified,in writing,as being according to the approved plans. Inspection and
certification shall be made by a registere I d 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 801dings 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 cons'ult 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 covdnanted 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 anyearth work.
§ 180-34.Severability.
The Invalidity of any section or,provision of this Article for regulation ofthe floodplain shall not
Invalidate any other section or provision hereof.
Town of Agawam
A 36 Mami Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413:-786-9927
May 2043
CD
Christopher C. Johnson, President
Dennis J. Perry,Vice President
George Bitzas, Councilor >
Cecilia P.-Calabrese, Counci lc;r >r-
Paul C. Cavallo, Councilor
James P. Cichetti, Councilor > :r
Gina M. Letellier, Councilor
C-)
Robert A. Magovern, Councilor rn
J,oseph Mineb, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
'Agawam Town Council
36 Main Street
Agawam, MAO 100 1
Dear Councilors:
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 in'to 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 Zoning
Ordinance, Section 180, Article XII. .The Law Department and the Planning Department have
been working with the State's Flood Haza.rd Mapping Coordinator to revise Agawam's
Floodplain Ordinance. The revised ordinance has,been attached.
In or&r to meet the July�I 6, 2 013 deadline,the Planning Board at itsduly 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 XH, Floodplain Zone". Please be advised that
fai I'ure to adopt the revised ordinance by July 16, 2013 will result in Agawarn's suspension from
the National Flood Insurance Program. -
If you have any questions, please contact this office at 786-0400, extension 8738.
Sincerely,
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor,File
TO-2013-
An ORDINANCE AMENDING §180 OF THE AGAWAM ZONING ORDINANCE
ENTITLED "ARTICLE X11. FLOODPLAIN ZONE.P1
(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
WHEREA'S, 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 X11. 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 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 Federal Emergency Management Agency(FEMA)for.the
administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM
that are wholly or partially within the Town of Agawam are panel numbers 25013CO377E,25013CO379E,
25013CO381E,25013CO382E,25013CO383E,25013CO384E,25013CO387E,25013CO391E,25013CO392E,
25013CO401E,25013CO403E,25013CO404E,25013CO411E, and 25013CO413E,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 6se.
(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
blasement)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(one-
hundred-year flood), provided that a special permit is issued by the Board of Appeals.The term
"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 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
a bove:
(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 of the proposed use.
C.The Board of Appeals may waive the requirements of Subsection 8 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 8 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 applicat'ion for a special perrnit 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 re,levant
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 Floodolain 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 Appea Is 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 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, 6 1h 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 or relocation of a
watercourse,
(a)Adjacent Communities, Bordering States, NAP 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.
J10) 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.
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 ties 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 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
§ 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
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 covonanted 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 anyearth work.
180-34.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.
TOR-2013-5
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 FE5A .>=
that it must update its floodplain management measures; and >
:*C-)
>r-
M
WHEREAS the updated Flood Insurance Study (FIS) and Flood Insura'n""ce :r=
a
Rate Map (FIRM) will become effective July 16, 2013; and
WHEREAS, TOR-2013-5 must be approved by the Departmenwof
Homeland Security's Federal Emergency Management Agency (FEMA) betGre
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 Affa i rs; 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
TownofAgawam:
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 THE AGAWAM CITY COUNCIL
Christopher C. hnson, President
7
A RO ED A 0 FORM AND LEGALITY
Vincent F.-GNicia, Solicitor
Exhibit'W
Article XII. FLOODPLAIN ZONE
ARTICL�XIL 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 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 Federal Emergency Management Agency (FEMA) for the
administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM
that are wholly or partially within the Town of Agawam are panel numbers 25013CO377E,25013CO379E,
25013CO381E,25013C0382E, 25013CO383E,25013CO384E,25013CO387E, 25013CO391E, 25013CO392E,
25013CO401E,25013CO403E,25013CO404E,25013CO411E,and 25013CO413E,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 floodproofed 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
"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 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 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 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 Floodpla in 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,
l(3) No fill or encroachment within the designated floodway shatl be permitted that would impair its
ability to carry and discharge the�vaters 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, 6'h 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 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.
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 floodway 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
§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
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 of the floodplain shall not
invalidate any other section or provision hereof.
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Adoption of Flood Insurance Rate
Maps by Participating Com M' Unities
The National Flood Insurance Program (NFIP) was established with the passage of the National
Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in
participating communities to purchase insurance as a protection against flood losses in
exchange for State and community floodplain management regulations that reduce future flood
damages. Over 21,000 communities participate in the Program.
This brochure addresses several questions about The identification of flood hazards serves many important
community adoption of the Flood Insurance Rate Map purposes. Identifying flood hazards creates an awareness
(FIRM). As a participating community in the NFIP, of the hazard, especially for those who live and work
your community is responsible for making sure that in floodprone areas. The FIRM and FIS report provide
its floodplain management regulations meet or exceed States and communities with the information needed for
the minimum requirements of the NFIP. By law, the land use planning and to reduceflood risk to floodplain
Department of Homeland Security's Federal Emergency development and implement other health and safety
Management Agency (FEMA)cannot offer flood requirements through codes and regulations, States and
insurance in communities that do not have regulations communities can also use the information for emergency
that meet or exceed these minimum requirements.These management.
regulations can be found in Title 44 of the Code of Each time FEMA provides your community with
Federal Regulations (44 CFR) Section 60.3. You can also additional flood hazard data, your community must
find them in model ordinances developed by most States adopt new floodplain management regulations or
and by FEMA Regional Offices. amend existing regulations to incorporate the new data
The basis of your community's floodplain management and meet any additional requirements that result from
regulations is the flood hazard data pro�ided to the any changes in the data, such as the designation of a
community by FEMA-FEMA identifies flood hazards regulatory floodway for the first time. Your floodplain
nationwide and publishes and periodically updates flood management regulations must also meet any additional
hazard data in support of the NFIR Flood hazard data State requirements and be adopted through a process that
is provided to communities in the form of a FIRM and complies with any procedural requirements established in
Mood Insurance Study (M) report, typically prepared in your State for the adoption of ordinances or regulations.
a coun"de format.Please be aware that while an FIS
report accompanies most FIRMs, it is not created for all
flood studies.
Flood Study and Adoption Timeline
Public Notice Published Twice In Local Newspaper End of Appeal Period
Letterof Final Determination Issued
01swory Meeting Held PmllmlnaryFIRM and Report Issued Date of Effecil"FIRM
Final community meeting Held/Propmed Federal Register Publicatlon
'Gollect Initial Comments 90-D L ay Resolve
Flood Hazard Data Development/FIRM and Flood Studyiroductlon* on I PrellminaryFIRM Appeal Appaalsand 6-montn
Finallia Map Adoption Period
and Report* Period Produ�ts*
*The trmeframe for completIng these act/Wres may wary
2 Adoption of Flood Insurance Rate Maps by Participating Communities
What Is the process for developing new flood FEMA provides a 90-day appeal period for all new
hazard data or revising existing data? or modified flood hazard information shown on a
FFMA coordinates closely with communities to develop FIRM, including additions or modifications of any
new flood risk data or revise existing data during the BFEs,base flood depths,Special Mood Hazard Area
flood study process.This coordination may lead to new (SFHA) boundaries or zone designations,or regulatory
or updated flood hazard mapping (i.e., the update of a floodways. SFHAs are areas subject to inundation by
community's FIRM and FIS report), flood risk assessment the base (1-percent-annual-chance) flood and include
projects, and/or mitigation planning assistance. In the following flood zones: A, AO. AH, Al-A30, AE,
general, the process includes the following activities: A99,AR, AR/Al-A30. ARAE,ARAO, AR/AH,'AR/A,
VO,VI-V30, VE, and V. The regulatory floodway is
• Under FEMXs Risk MAP program, FEMA engages in a the channel of a river or other watercourse and the
Discovery process with communities and other local adjacent land areas that must be reserved in order
stakeholders to obtain a comprehensive picture of to discharge the base flood without cumulatively
flooding issues,flood risk,and the potential for the increasing the water surface elevation more than a
performance of additional flood mitigation activities, designated height.Before the appeal period is initiated,
including the adoption of more remictive floodplam, FEMA will publish a notice of proposed flood hazard
management criteria by communities. Stakeholders determinations in the Federal Register and notify
may include,but are not limited to, local officials, the community's Chief Executive Officer of the
citizen associations, representatives oflevee boards. determination.FEMA will then publish information
conservation districts,Tribal Nations,and economic about the flood hazard determinations at least twice
development organizations.Information obtained in a local newspaper. The appeal period provides
during the Discovery meeting helps determine the community and owners or lessees of property in
whether a flood risk assessment project, including the community an opportunity to submit scientific
new or updated flood hazard data and a corresponding or technical information if they believe the flood
FIRM and PIS report, is needed. hazard determinations are scientifically or technically
•Once it is determined that the creation or revision incorrect.
of flood hazard data, including an update to the #Following the 90-day appeal period,FEN4A resolves all
FIRM and FIS report, is needed, FEMA works with appeals and finalizes all changes to the FIRM and PIS
communities and other Discovery stakeholders to report.
determine the parameters of the project, including
flooding sources and the type and extent (number of *FEMA then issues a Letter of Final Determination
stream or coastline miles) of the study. (LFD),which establishes the final flood hazard data
•The mapping process typically includes development and the effective date of the new FIRM and FIS report
for the community.The LFD also initiates the six-
of Base Flood Elevations (BFEs) and floodways for the month adoption period during which the community
project area. In addition, the mapping process includes must adopt or amend its floodplain management
activities such as obtaining the digital base map, regulations to reference the new FIRM and PIS report.
developing the FIRM flood hazard database and, when
appropriate, incorporating or revalidaftg previously The FIRM and PIS report become effective at the end
issued Letters of Map Change, or LOMCs. LOMCs, of the six-month period, The effective date is.also the
which include Letters of Map Revision (LOMRs), date when dood insurance rates will be based on the
Letters ofMap Revision Based on Fill and Letters of new flooddata for new construction built after this
Map Amendment, serve to officially revise the effective date. The effective FIRM will be used by Federally
FIRM and PIS report without requiring the physical insured or regulated lenders to determine if flood
revision and republication of these materials. insurance is required as a condition of a loan.
When the study is completed, FEMA provides the FEMA has entered into agreements with nearly 2SO
community with a preliminary FIRM and FIS report communities, States,and regional agencies to be active
for review.In addition,FEMA may hold public partners in FEMA flood hazard mapping program under
meetings—often referred to as the Final Meeting and the Cooperating Technical Partners (CTP) Program. These
Open House-to explain and obtain comments on the agencies are participating with FEMA in developing and
preliminary FIRM and FIS report. updating FIRMs. (See the box on the inside of the back
cover page for a brief description of the CTP program.)
Adoption of Flood Insurance Rate maps by Participating Communities 3
FIRM
What must an NFIP participating community regulations do not need to be amended.Autorn atic
do when FEMA provides new or revised flood adoption clauses adopt all future revisions to the FIRM
haZaFd date? without further action by the community.However,
Each time FEMA provides acommunity with new or keep in mind that the FIRM and FIS report update
revised flood hazard data, the community must either process outlined above still applies for communities
adopt new floodplain management regulations, or amend with automatic adoption clauses.Automatic adoption
its existing regulations to reference the new FIRM and FIS clauses are not permitted in many States.
report. In some cases, communities may have to adopt If the community is provided a new type of flood
additional floodplain management requirements if a new hazard data. the community will need to either adopt
type of flood hazard data is provided, such as a new flood new regulations or amend existing regulations to
zone (e.g., going from a Zone A without BFEs to a Zone include the appropriate NFIP requirements, in addition
AE with BFEs or going from a Zone AE to a Zone VE— to referencing the new FIRM and FIS report.
the coastal high hazard area),or with the addition of a The LFD indicates the sections of the NFIP floodplain
regulatory floodway designation. management requirements at 44 CFR.Section 60.3 that a
The following guide is to help you determine whether community must adopt based on the type of flood hazard
changes.need to be made in your community's floodplain data provided to the community.
management regulations when a new or revised FIRM
and FIS reportare provided. You can contact the FEMA Regional Office or your State
NFIP Coordinating Agency for assistance on the specific
• If the community's floodplain management regulations requirements your community will need to adopt. (See
are compliant with the NFrP requirements when the "For Assistance" on the back cover page for contact
LFD is issued, the community needs to amend only the information)
map reference section of their floodplain management if your community has adopted higher standards than the
regulations to identify the'new FIRM and FIS report. minimum requirements of the NM your community may
•If the community has a legally valid automatic qualify for a reduction in flood insurance premiums for
adoption clause established in the map reference your citizens under the Community Rating System (CRS).
section of the regulations and the community's (See the box on the inside of the back cover for a brief
regulations are otherwise compliant with the NFIP description of the cRs)
requirements, then the floodplain management
4 Adoption of Flood Insurance Rate Maps by Participating Corninunities
Jamville,Wisconsin,2008
When must a community adopt the now or revised What happens If a community does not adopt the
flood hazard data? appropriate floodplain management regulations
Your community must amend its existing floodplain during the six-month adoption period?
management regulations or adopt new regulations before if a community does not adopt new floodplain
the effective date of the FIRM and FIS report,which is management regulations or amend its existing regulations
identified in the LFD, The LFD initiates the six-month before the effective date of the FIRM and FIS report, the
adoption period. community will be suspended from the NFIP.
Communities are encouraged to adopt the appropriate The following sanctions apply if a community is
floodplain management regulations as soon as possible suspended from the NFIP:
after the LFD is issued.The adopted regulations must be -Property owners will not be able to purchase NFIP
submitted to FEMA or the State and be approved by FEMA flood insurance policies and existing policies will not
before the effective date of the FIRM and FIS report. be renewed.
FEMA will send two letters notifying the community that Federal grants or loans for development will not
it must have approved floodplain management regulations be available in identified flood hazard areas under
in place before the effective date of the FIRM,The first programs administered by Federal agencies such as
letter is a reminder letter and is sent to the community the Department of Housing and Urban Development,
90 days before the effective date. The second letter is sent the Environmental Protection Agency, and the Small
to the community 30 days before the effective date of
the FIRM.This letter is FEMA�s final notification that the Business Administration.
community will be suspended from the NFIP if it does - Federal disaster assistance will not be provided to
not adopt the FIRM before the effective date. Notice of repair insurable buildings located in identified flood
the suspension is also published in the Federal Register. hazard areas for damage caused by a flood.
If the community adopts or amends its floodplain -Federal mortgage insurance or loan guarantees will not
management regulations prior to the effective date of be provided in identified flood hazard areas such as
the FIRM and FIS report and the FEMA Regional Office those written by the Federal Housing Administration
approves the community's regulations, the suspension and the Department of Veteran Affairs.
will not go into effect and the community will remain -Federally insured or regulated lending institutions,
eligible for participation in the NFIR such as banks and credit unions, are allowed to
Adoption of Flood Insurance Rate Maps by Participating Communities 5
Al
Elevated home on pile foundation Elevated home on ctawl space foundation
make conventional loans for insurable buildings in If a community is suspended, it may regain its eligibility
flood hazard areas of non-participating communities. in the NFIP by enacting the floodplain management
However, the lender must notify applicants that measures established in 44 CFR Section 60.3 of the
the property is in a flood hazard area and that the NFIP regulations.If development takes place in your
property is not eligible for Federal disaster assistance. community during suspension that does not meet the
Some lenders may voluntarily choose not to make minimum NFIP requirements,your community will be'
theseloans. asked to take actions to reduce the increased flood hazard
prior to reinstatement.
1)194i i rtl 6,161d i 141a,kla,.rd lnformatld�"Aesources
In accordi6cd,.i�ith'i��tih'se��'F�ld'dd':I'n�urance'R6for-m�,o�f of database Is provid6d.tD your community once the FIRM
'!N, ,, , -'j - __ 1 14,
2004,FEIVIA has Imple-Ment6da poIi4'thatU6w e�use becomes effective and Is also available for download
of digitil ditQ
Of&dfflciaI;NEIP Ourposes.All-FEIVIA'sAood through thb MSG.
&
-a IC
mapping,prodUtts gre noW prepare I 1 11 u .er oT
4ab - &The Nation.al Flood Hazard Layer(NFHL)contains all
dift6ednfft di U Rid 06 le t I r
'if : information from FIRM
PON
effecM digital flood' kird
lnf o 6fi o'wMi"fi`8'w'&6NnMv cizo-Ad m�7un
databases and LOMRslproduced by FEMA In one Integrated
hazard resource ' f db I h
�S%referghce( 6�6`6talns point locations of
_qT w,.,
.L nee
Tug
rv1 nationWilde.dataset-A!,
c Ce
FtM a Se 'ceCente�..-,(MSC)at sc: ov,
-sm,
'itteis
t LOMCsj, of Map,,Revision Based on
(Me.
bigita,
• Once effective;copies.of,the FIRM'pan6 s;in-. r Fill'and Leftbirs ofWaO.Ahtfidment.The NFHL Is available
...,tqq�t .,� ffl- �, , �17 �p �-�
,'a I Z,111�6 for vieWifig,through FEMA§�online map viewer which can
,fl,lbe,provided.,to�-yourcom-MuniW nk
�4.
.4
essed thr h6C.The NFHL can also be
be�aVallaWfUgliffiblIVISC.Note WtjLettbrst,R%� be accr "I oughtfiet
Chapd,k(LOMQ, throubli tq 96 16 pdf viewed a�a layei.lm�od&,Iliartlh or accessed via Web
Map�6rvf66*M�),;.a wdb2fiAsed method of viewing
map informationisinj commercial GIS software,such as
• FIRMeUes,,`thoW,,a desired seebon of�a FIRM'panel specified
ESRrsArc6IS.AdditionalinformatIon on these services Is
by use!,plds'ifiap scale;and other le .14�fm�fion
�v available through the MSG.
from the!FIRM�TIRM&6s can be cr66ted online ft�ouglh
thbl�ISG,a�4� "'i" .. . .
..,,.O�!hfed'or'savedin.pdfform�t��f.no,cost. Note for communffies thit do not yet have digWy pmduced
FIRMs.scanned digital versions of the paper FIRM panels are
•The�FIRM'datab6se'Is dpslgned for us� Ith soodilized
available through the MSG.However,since the FIRMs were not
Geogi�aohidj id6kioh S�stem(GIS)software'.-Users
""" 'W6P local data sets with'.the-FEaflood produced digitally,a FIRM database will not be available and
are able t6ifflteo-' T��'
I . �_i the flood hazard Information shown on the FIRMs will not be
hazard'dati in theiAfRM'dalabase to assist with-fibodplain
Included in'the NFHL.
manqgqmdntor"mJt:Igat1on planning rneasu�es,'fhe FIRM
6 Adoption of Flood Insurance Rate Maps by Participating Communities
Becoming a Cooperating Technical Partner
FEMA established CTPs recelvesupport such as access to existing data,
a operating access to custom-made FFMA tools,technical assistance,
Technical Partner and national recognition
(CTP)program
rWmers CTPs receive mentoring support,onfine examples of ubest
to Increase local practices,"and free training
Involvement In,and
ownership of,the flood study process and the flood hazard Communities that participate In the Community Rating
data developed as part of that process.This program enables System(CRS)that also become CTPs or are In an area
communities,and regional and State agencies that have the covered by a regional or State CTP may be eligible to
Interest,capabilities,and resources to be active partners in receive CRS credit for CTP activities
FEMNs flood hazard mapping program. Another major objective and benefit of the UP Program is the
One of the major objectives of the CTP program Is to recognize ability to leverage avallable funding and local data to make the
States,regional agencies,and communities with proartNe most of limited resources.Communities,States,and regional
floodplain management programs that Include IdenfifyIng the agencies can take advantage of these benefits by entering
flood risk and getting the Information Incorporated Into official into an agreement with FEMA that formalizes the types of
FEMA flood hazard data.The GTP Program maintains national mapping acthittles and support the CTP will provide.Nearly
standards consistent with the NFIP Regulations.The following 250 communities,States,and regional agencies are currently
are soma of the benefits of being a CTP. participating In the CTP Program.
CTPs are given an opportunity to develop more detailed
maps by making local geospatlal data a part of the FIRM
To loam more about becoming a CTP,visit www.fems.gov/plan/prevent/fhm/etp_maln.shtm
or contact your FEMA regional Was(see back page f or contact Information)
Becoming an NFIP Community Rating System Community
The NFIP Community Rating To receive CRS credit,a community must submit a CRS
System(CRS)recognizes application to FEMA which Identifies floodpWn management
community floodiplain practices being Implemented by the community,FEMA can
management practices help with the appliGation,After FEMA reviews and,verifies
that exceed the minimum the application,the flood Insurance premium discouhts will
requirements of the NFIR CRS go into effect.The amount of flood Insurance policy premium
recognizes these efforts by discount depends on the number of CRS-credited acUtles a
reducing the cost of flood insurance premiums from 5 percent community performs.
to 45 percent for flood insurance policies in communities that Community participation in the CRS has many benefits:
participate In the CRS,
0 Discounts for flood insurance premiums from 5 percent to
Many communities may already be dolng activities that would 46 percent
earn credit under the CRS which would reduce flood Insurance *Efftnced public safety
premiums for their citizens.Here are a few examples: *Reduced flood damage
•Adopting and enforcing more protective building standards
that result In safer new conftcton *Increased environmental protection
• Informing the public about flood hazards and flood # Informed community residents supportmg Improved flood
Insurance and how to reduce flood damage protection measures that will make communities safer from
•Preserving open space in the floodplain flood risks.
To learn more about CRS,visit www.fema.gov/business/nflp/ers.shtm or call 311-848-2898
Adoption of Flood Insurance Rate Maps by Participating Communities 7
(ID
MD
N@4m:mm
MMON 99EME
MUM
T,OIX1015_5
cil will conduct a public
hearing on Monday, June
3, 2013, at 7:00pm, at the
Roberta G. Doering School,
68 Main Street, Agawam,
MA on TOR-2013-5 which
is an Ordinance Amending
§180 of the Agawam Zoning
Ordinance Entitled "Article
X11. Floodplain Zone" as
submitted to the Agawam
City Council by the Planning
Board. TOR-2013-5 is avail-
able for public inspection at
the City Clerk's Office and
the Planning Department, 36
Main Street, Agawam, MA
between the hours of 8:30am
to 4:30pm, Monday through
Friday.
BY ORDER OR
Chfistopher C.Johnson
President of the
Agawam City Council
519,5/16113
7"
No 17
AGA)W1 AJjV1-JfflSI,',,,R N[
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May 9,2013 AGAWAM ADVERTISER NEWS ft9e17
CITY COUNCIL NOTEBOOK Discovering the mysteries
By Jennifer Wroblewski ter, Department of Revenue, and bond-
Staff Wyiter ing agencies to provide for the planning, of The Fifteen Houses
design, construction and renovation of
Public hearings set for land takings, a public building; an addition to public By Sarah Platanitis
capital improvement building; purchase of land or buildings Turley Publications Correspondent
The City Council,at its May 6 meeting, for public purpose or long-range develop-
unanimously tabled a resolution authoriz- ment study,Generally,it consists of about Jeanne Claire Probst, the local author of
ing I and takings for the Connecticut River $20,000 and would last 10 ycars.or more, The Fifieen Houses, visited the Agawam Pub-
Walk Loop,pending a public hearing. said Cohen. lic Library for April's Author Talk series.
The two easements - one temporary Included in the CIP for this year are The 'Fifteen Houses is set in East Long-
and one permanent-are located in a sub- projected bond requests for phases two meadow in the early 1950s.Julianne Margue-
division that were previously owned b and three of the Southwest Area Sewer rite,the main character and one of I I children,
y Extension Project; improvements or
the developer of the property, said Deb- renovations to the police and fire depart- keeps a diary while she investigates reoccur-
orah Dachos. director of Planning and ring memories of her younger years. Turley Publications photo by Sarah Platanitis
Community Development. ments; highway department; traffic light Determined to learn the mysterious motive
"IThe developer] mistakenly filled out improvements:wastewater and water de- that caused the downfall of her family, Juli- Local author Jeanne Claire Probst
a donation form and we found out he had partment equipment;replacement of per- anne's memories become the clues to finding visited Agawam Public Library
transferred the property to someone else," mit tracking software and more. out the true story,each opening adifferentdoor last month for a discussion of her
she said,adding,'That individual did not A total of$882,162 in capital improve- to the 15 different homes where she lived. book,The Fifteen Houses.
want'to donate." ments will appear in the fiscal year 2014 "The story begins in East Longmeadow,
Dachos said the easements,for proper- budget, which is due to the council by continues in Springfield and away to another, nal %tory�" said Probst, who also hopes one
ty located on Michele Lane in Agawam, May 15. undisclosed place"said Probst. "Some People day in her retirement,she can write Children's
are"very small. think Julianne�_OIes to New Hampshire,New books. s
"We've done the appraisals and we South Westfield Street construction York or Vermont but it's all up to the imagina- The book tour is sponsored by Winter Tree
know how much they're worth," she set for this season tion of the reader to decide where she goes." Productions,which generously allowed Probst
said. According to a May I memo from The book,self-published through OutskirL% a stipend to dress up the table and offer re-
The property is owned by Travis and Agawam Department of Public Works Press in January 2013,ends on a positive note freshmcnts of gourmet cupcakcs.cookies and
Joanna K. Searles, according to the Superintendent Christopher ). Golba to when Julianne reconnects with inembers of chocolates. She also held a small raffle give-
resolution submitted to the city council. Councilor Donald M.Rheault and Cohen, her family after being away for over 30 years away of a copy of her book and signed books
Damages will be$270 for the temporary construction and paving on South West- and works at becoming the family that she for the near dozen in the audience.
casement and $1,910 for the permanent field Street in Feeding Hills is tentatively feels they should have always been. Probst's spring tour began March 5 and also
casement. . scheduled for this construction season. *1he book is all about surviving and mov- included visits to libraries in Ludlow, Mont-
'Mat public hearing will he held Mon- The preliminary work, including rec- ing on. It takes readers on a fictional journey gomery, Holyoke, Palmer, Longmeadow,
day,June 3. lamation and reconstruction, will be about a person who leaves behind the idea Of Granby,South Hadley and Easthampton. She
Also on June 3, the city council will completed in late summer with paving staying a victim'" said Probst. "The author's will start her summer book[Our in late June.
hold a public hearing for the 2014-2018 expected by early September. note is the most important page in the book "We're getting a very nice response from
Capital Improvement Program (CIP), The estimated cost for the work on the because it shares how some real life experi- this book and I'm very happy about that:'said
recently submitted by Agawam Mayor approximately 3,900 feet of roadway is ences of my own are in the story.The book is Probst. "Readers can really connect with the
Richard A.Cohen. around$245,000. not all based on my life,though." characters and many people have come out to
The CIP is required by the town char- Probst started writing in high school in the events and have seen us on Channel 5 in
English classes and has written much poetry Longmeadow and Channel 12 in Granby."
over the years.She always dreamed of writing Readers can borrow the book at the library
a book and The Fifteen Houses,her first pub- or purchase it online. It is available as an e-
Regular School Committee lished work,is fulfilling that dream. book on amazon,com or barnesandnoble.
1 just finished the second book in the se- com,
ries. That took about three months to write, For more information about the book or
author Jeanne be(, vi,it www.thefift n.
meeting agenda The edit�rs are Vanning on six more books, pro 4; ee
each highlighting a character from this origi- houses.com.
Roberta G.Doering School d. SCR-13-17, Request to designate June
68 Main St. 25,2013,as a half-day of school
May 14-7 p.m. 10. Business Meeting. 4 5 6 7 a 9 10
a.Routine Matters
1.Call to Order 1)Approval of Minutes
2.Moment of Silence 2)Calendar/Correspondence 14
3.Roll Call of Attendance b.Warrants/Transfers
4.Regular Meeting-7 p.m. c.Reports: 16 17 18
5.Citizen's Speak Time 1).Scheduled Reports: 20 21 22 23
6. Highlights on Education: Doering * Curriculum Writing/Delivery(paper re�
School chorus performance port) 24 26
7.Superintendent's Notes * Coordinated Family&Community En-
8. Student Advisory Committee Repre- gagement Grant Update-R.Fernandes 27 28 29 30
sentative Update: 2).Subcommittee Updates 31 33 34
9.Unfinished Business: 11, New Business:
a. SCR-13-14, Approval to establish a a.SCR-13-19,Approval of use of A HS au- 35 37
Foreign Language Club as an extracurricular ditorium by The Academy of Artistic Perfor- 39 41 42
activity with advisors mance for recital on June 19 and 22,2013
b, SCR-13-15, Approval to establish the b.SCR-13-20,Approval of continued par- 44 4
Winter and Spring Arts Festival as an extra- ticipation in the School Choice Program 46 47 48 49
curricular activity with advisors 12.Any other items that may legally come
c.SCR-13-16,Request to establish Camp before the committee 51 55
S.E.E.K. 13.Adjournment 56 7 58
59
Free paper shredding for residents
CLUES ACROSS Murphy Oil Corp. 2.Tore down(var. overacts
AGAWAM-A free paper-shredding event confidential documents to be shredded on 1.Our 10 numerals 33.Talk noisily Sp.) 28.FaZial gesture
will take place Saturday,June 22 at the De- site. A maximum of 5 standard boxes of 7.Horseshoe cleat 35.New Testament 3.22nd state(abbr.) 30.Absence of
partment of Public Works, 1000 Suffield St., confidential documents per vehicle will be t 1.Ear shell 36.Tax collector 4.Tropical aggression
from 9 a.m. until noon,or until the truck is accepted. All three-ring binders and binder 12.Soprano solo 37.Mediation council constrictor 34.China
full. clips must be removed. 13.Vestments 39.Not in use 5.Hostelry 38.Older Bridges
Residents are encouraged to,bring their 14.Heart's singer 4 1,Act as master of 6.Examine and brother
Wilson ceremonies expurgate 40.Plays
15.Set of type in one 43.Skin lesions 7.Small restaurants 42.Tenn denoting
style 44.Stiff bristle 8.E.Asian anis psychic abilities
liquor 43.Oral polio
16.Withdraw from 45.Equally
work 46.Pool dressing 9.Infestation of head vaccine developer
18.Ancient Hebrew room louse 44.Any habitation at
FLOWE coin 49.Eyebath 10.New Yorker film a high altitude
THE PEOPLE YOU LOVE WITH LOVE: 20.Megacycle 5 1.Thick piece of critic Pauline 46.Hyperbolic
21.26th British letter something 11.An orange-red cosecant
THOUSANDS OF BEAUTIFUL
22.Colonnaded 52.Angry crystalline dye 47.Russian
PLANTS FOR MOTHER'S DAY! Greek walks 55.20th Hebrew 13.Indicates position mountain range
ANNUALS I PERENNIALS I ROSE BUSHES 24.Russian sourgrass letter 16.Root mean 48.An aromatic
HANGING BASKETS I MIXED PLANTERS I C ATIS soup 56.3rd largest square(abbr.) salve
PROVEN WINNERS I HERBS I VEGETABLE NTS 26.OK Corral's Colombian city 17.Electronic 50.Venezuelan
ORNAMENTAL GRASSES I SOIL I POTS I M Wyatt 57.Gum arabics conriter- fashion designer
27.Cheremiss 59,A song of praise countermeasures initials
28.Schenectady to God 19, 12-31 greeting 53.Highest card
County Airport 60.Dispatcher 22.Fastens 54.5th son of Jacob
29.Laptop 23.Himalayan wild 58.Music storage
E. Cecffii Farm-s SPRINGFIELD STREET 3 1.Actress Farrow CLUFS DOWN . goats device
FEEDING HILLS, MASS. 'W "Everything-vouldgmv if You hadforty acres.11 32.NYSE for I-Word shorteni ng 25.One who