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1977-1978 FLOOD PLAIN ORD. REVISIONS FLOOD PLAIN ORD, Revisions OF 1971 I CLO-n C . Lk1 l TOWN CLERK OFFICE AGAWAM, MASS. TO,JN OF AGAWAN 1977 DEC 19 R1 3: I + PLANNING BOARD On Thursday, January 5, 1978, the AGAWAM PLANNING BOARD will hold a PUBLIC HEARING at 9:00 P.M. in the Town Administration Building Hearing Room, 35 Main Street, Agawam, for the purpose of amending the Town Code, Section 20, Zoning-Flood Plain Ordinance, Proposed_ Amendment to the Flood Plain Zoning Ordinance to comply with the requirements of the Federal Insurance Administrationi under the Federal Flood Insurance Program. The proposed amendment is of such length as to be prohibitive for publication, therefore, copies are available for study in the Town Clerks Office and the Planning Board Office. BY ORDER OF AGAIVAJT PLANNING BOARD Natalie C. George, Chairperson Tom,-. Crr, TOWN CLERK OFFICE TOWN OF AGAWA14 AGAWAM, MASS. 1977 DEC 19 PM 3: 11 PLANNING BOARD On Thursday, January 5, 1975, the AGAWAM PLANNING BOARD will hold a PUBLIC HEARING at 9:30 P.M. in the Town Administration Building Hearing Room, 36 Main Street, Agawam, for the purpose of amending the Rules and Regulations of the Planning Board As It Refers to Flood Plain Review. The changes are as follows: i To Be Added To Preamble - End of 2nd Paragraph - The purpose of these rules and regulations is to assure that subdivision proposals and proposals for other developments, including their utilities and drainage, are located and designed to be consistent with the need to minimize flood damage. To Replace Rule #1 -The finish grade of land at all sides of any residential building shall be set at an elevation above the base flood level as determined by the Planning Board from the Flood Insurance Study. To Replace Rule #2 - Within that portion of the floodway fringe the total area may not -be removed from the flood plain storage or be graded in such a way to cause additional hazard to the remainder of the flood plain areas. No more than one/third of the total area may be regraded or filled. Within the floodway, no filling or re- grading may be done. To Replace Rule #5 - All plans and proposals reviewed by this Board which lie in the Flood Plain Zone shall so be stamped or legally noted with the base flood elevation indicated so that land owners and future occupants sh2Lll be aware of their responsibilities. This notation shall be endorsed on Form A's, "Subdivision Control Not Required", Site Plans, as well as Form B's, "Subdivision Control", preliminary and definitive plans. BY ORDER OF THE AGAWAM PLANNING BOARD Natalie C. George, Chairperson TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 aa�poR U MAy` ATE February 1, 1978 Edward A. Caba, Town Clerk 36 Main Street Agawam, Mass. 01001 Re: Flood Plain Amendment To Rules and Regulations of the Planning Board. Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, January 5, 1978, the Board voted 4-0 to amend the Rules and Regulations of the Board by adopting the attached document. Very truly yours, C, Natalie C. George Chairman NCG/wem Attachment -------------------------------------------------------------------- TOWN OF AGAWAM 1 herewith certify that the attached sheets are a true copy of the records in my custody as Town Clerk of the Town of Agawam. aa4 ' Edward A. Caba (�� Town Clerk l � f ATTEST: I-IV Z; 233 861 33WO 1&3i' 0-i *01 _ Y f � AM-NDMENTS TO SUBDIVISION RUMS & REGULATIONS TO BE ADDED TO PREAMBLE-END OF 2nd PARAGRAPH The purpose of these rules and regulations is to assure that subdivision proposals and proposals for other developments, including their utilities and drainage are located and designed to be consistent with the need to minimize flood damage. TO REPLACE RULE #1 1. The finish grade of land at all aides of any residential building shall be ,get at an elevation above the base flood level as determined by the Planning Board from the Flood Insurance Study. TO REPLACE RULE #2 2. Within that portion of the flood plain zone located in the floodway fringe the total area may not be removed from the flood plain storage or be graded in such 8 way to cause additional hazard to the remainder of the flood plain areas. No more than one/third of the total area may be regraded or filled. W$thin the floodway, no filling or regrading may be done. TO REPLACE RULE #5 5• All plans and proposals reviewed by this Board which lie in the Flood Plain Zone shall so be stamped or legally noted with the base flood elevation indicated so that land owners and future occupants shall be aware of their responsibilities. This notation shall be endorsed on Form Ala, "Subdivision r Control Not Required", Site Plana, as well as Form B/s "Subdivision Control", preliminary and definitive plans. The Planning Board *herewith stipulates Rules and Regulations for the subdivision and/or development of land which lies within the Flood Plain as described in the Town Ordinance. Authority for these regulations is derived from the commitment of the Town of Agawam to the Federal Insurance Administrator under the Federal Flood Insurance Act. These rules and regulations shall take priority over any conflicting regulations of the Planning Board. 1 . The finished grade of land at all sides of any major building shall be set at a minimum grade above flood level as %determined by the Planning Board from historic flood data. 2. The total area may not be removed from the flood plain or graded in such a way as to cause additional hazard to the remainder of the flood plain areas. No more than one/third of the total area may be regraded or filled. 3. More than one exit from the-::total area shall be provided for emergency evacuations by clearing and suitable grading and related work, and no obstructions to vehicular passage shall be allowed within the exit route. This exit may not require paving or other surfacing. Developer shall so note any. deeds concerning obstructions to passage. 4. Utilities; Town sewer systems shall be constructed to the specifications of the Department of Public Works and Board of-Health to insure safety from flooding. All water lines, gas, and electric lines shall be constructed with suitable area master shutoff valves. All above ground utility con- trol boxes shall be constructed to avoid flood damage and to elevations as determined by the Planning Board, Elec- tric and telephone Lines shall be underground and all access to underground utilities shall be constructed to the specifications of the Department of Public Works. Any drainage pipes opening into the flood way (river or stream) shall be constructed to the specifications of the Depart- ment of Public Works to prevent flooding of the system. 40 I 5. All plans reviewed by this Board which lie in the 'flood plain shall be::sta»ned or legally noted so that land otmers and future occuoants shall be aware of their responsibilities. This notation shall be endorsed on Form A' s, "Subdivision Control Not Required" , as well as Form B's, "Subdivision Control", preliminary and definitive plans. r WMiw'i ALTH Or NjJ;SSP.CF.TTSETTS TOWN OF AG,!WAIu November 25, 1974 I herewith certify from records in my custody as Town C1erk,. Town of Agawam, that at a meeting of the Agawam Planning Board held on October 17, 1974, said Board voted 4 YES 1 ABSENT to amend their Rules and Regulations as it refers to Sub-Division Control as amended March 7, 1974. I further certify that these amendments were. filed in this office by the Agawam Planning Board on November 22, 1974 and that the- foregoing is a true copy as filed with the signatures of. the majority of the - Planning Board members thereunder the cover- i letter. ATT T: . =� . . �G Edward 'A Caba Town Clerk Council Clerk OF acq� TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y � Tel. 413-786-0400 �o9�oAq-- MPy\ 7ED January 31, 1978 Mr. Edward A. Thomas Re: Flood Insurance Program Regional Director Federal Insurance Administration Boston Regional Office Room 800 J. F. K. Building Boston, MA 02203 Dear Mr. Thomas: I am enclosing herewith two certified copies of the amended Flood Plain Zoning Ordinance for Agawam, Massachusetts. This ameended ordinance and the amendments to the definition section of our Zoning Ordinance were adopted by the Agawam Town Council at their meeting on January 30, 1978. The amended ordinance contains the revisions suggested in your letter of December 22, 1977. I trust that this ordinance meets the requirements of the F.. I. A. and that Agawam can continue to participate in the Flood Insurance Program. Please advise if additional copies or further information and submittals are re— quired. I also wish to express my appreciation for the time and able assistance given me by Ann Volpe and Judith Halloway of your Office during the prepara- tion of the ordinance. Very truly yours, John P. Stone Town Engineer JPS/arc CC: Town Manager OS ,� Nd ti E JAI �l61 331��d ���3�� Pih10l. OF AG • TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y 'rel. 413-786-0400 1 a9p�A�E D MPy` January 31, 1978 TO WHOM IT MAY CONCERN: I herewith certify that at a Special Council Meeting held on January 26, 1978, in the Agawam Junior High School on 1305 Springfield Street., feeding Hills, voted the following: Item 4. Amendment to the Town Code — Town of Agawam, Section 20, ZONING - Flood_ Plain Ordinance - Town of Agawam. RE IT ORDAINED — By the Town Council of the Town of Agawam, Hampden County, to amend the Town Cade, Section 20, Zoning Flood Plain Ordinance — Amendment to the Flood Plain Zoning Ordinance to comply with the requirements of the Federal Insurance Administration under the Federal Flood Insurance Program as attached. Motion made and seconded for the first reading for approval. ROLL CALL VOTE VOTED 12 ACES, 3 ABMNT. — Motion Approved. At a Special Council Meeting held on January 30, 1978, in the Agawam Junior High School at 8:00 P.M. the following was voted. Item 3. Amendment to the Town Code -- Town of Agawam, Section 20, ZONING — Flood Plain Ordinance — Town of Agawam. (First reading held on January 26, 1978) -- Second and Third readings. Motion made and seconded for the second and third readings. ROLL CALL VOTE VOTED 15 YES — Motions approved. ATTEST: ,— Edward A. Caba Town Clerk Sec. 20-62 Purposes The Flood Plain Zone and the regulations herein have been established for the following purposes: To protect and preserve, the water courses and their adjoining flood plain; to reduce the hazards of floods upon the public health, safety and general welfare; to protect flood plain 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; to protect the capacity of flood plain to absorb transmit and store runoff; to assure retention of sufficient floodway area to convey flows which can reasonably be expected to occur. Sec. 20-63 Location of Flood Plain All land delineatedon the map consisting of two pages entitled "Flood Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective February 1, 197811, as zone A-ll, zone A-13, zone A-16, zone A, zone A-2, and zone B be included in the flood plain zone. This map is part of the Flood Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and Urban Development, Federal Insurance Administration. This Flood Insurance Study, dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. In general terms the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut River and its tributaries and Still Brook which lie at or below the elevation of the base flood (100 year flood) as determined in the Flood Insurance Study. The Flood Plain Zone shall be considered to be superimposed over other zones shown on the zoning map, as a recognition of the special hazards which exist in such areas. 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 provision of this ordinance. Sec. 20-64 Permitted uses In those port ons o7 the Town so designated in paragraph 20-63 the following uses of land shall be permitted provided all necessary State and/or Federal Permits are obtained and the requirements of Sec, 20-66.7(f) are met: (1) Conservation of water, plants and wild life, (2) Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. (3) Grazing, forestry and other farms or agriculture consistent with the purposes of the zone. (4) Dwellings lawfully existing prior to the adoption of these provisions, however no building permits for substantial improvements or extensions shill be granted unless a Special Permit is granted by the Board of Appeals. ( 5) Proper operation and maintenance of dams and other water control devices. (6) Construction and maintenance of highways, streets, sidewalks, sewers, water mains, storm drains, utilities and related facilities by governmental agencies providing that the water and sewer systems and utilities be designed and constructed to minimize flood damage and to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood waters. (7) The followin uses by special permit as provided by Sec. 20_66 if determined to be consistent with the purposes of this zone, said determination to be made by the Board of Appeals following application for a special permit by the landowner or owners: (a) Developed recreation facilities except buildings. (b) Utility lines and facilities. (c) Dams and other water control facilities if in an authorized plan by public agency or if built to create ponds for recreational or agricultural use, (d) 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 and provided the requirements of section 20_64 7)(e) relative to the elevation of the base flood are met. (e) In the floodway fringe, the numbered A zones, Zone A, and Zone B, that portion of the Flood Plain Zone outside the floodway the development of structures for residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) and the development of structures for non—residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) or together with the attending utility and sanitary facilities is flood proofed to or above the level of the base flood (100 year flood) provided a special permit is issued by the Board of Appeals. The term "Floodproofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro— dynamic loads and effects of buoyancy. Sec. 20_65 Prohibited uses. In those portions of the Town so specified in Section 20_63 as Flood Plain, the following uses of land shall be prohibited: (1) The bulk storage of bouyant, 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 flood plain, obstruct the flow of flood waters 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. In land within the floodway the following uses of land shall be prohibited in addition to those listed above: (a) Any development within the portions of Town so specified as Floodway on the Flood Boundary and Floodway Map. (b) Erection, construction or other creation or installation of any building, dam or other structure. (c) No use or structure which would result in any increase in flood levels during the base flood discharge. Sec. 20-66. Board *ppeals - Special Permits. • 20-66. 1 If any land in the Flood Plain as defined in Section 20-63 is found by the Board of Appeals not in fact to be at or below the level of the base flood (100 year flood) , not to be unsuitable because of drainage conditions, or if the proposed action is not inconsistent with the purpose of this Bylaw, the Board of Appeals may grant, after a public hearing with due notice, a special permit for the use or development of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district subject to reasonable conditions and safeguards. Any action by the Board of Appeals shall not be construed to effect insurance determination or rates. 20-66.2 The application for a special perinit 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, tress, 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. 20-66.3 The application for a Special Permit shall also include an environ- mental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. 20-66.4 The Board of Appeals may waive the requirements of paragraph .3 if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that environmental impact statement is not necessary to its consideration of the application. 20-66. 5 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 paragraphs 2 and 3 above. The Board of Appeals shall within seven days forward one copy of each to the Building Inspector, Planning Board, Board of Health, and Conservation Commission. These agencies may file written recommendations with the 'Board of Appeals within thirty 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 the said thirty day period. 20-66. 5.1 In passing upon such request, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due..to flooding or erosion damage (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatibility of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) the safety access to the property in ti* of flur)d for ordinary and emerge vehicles; (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (k) the costs -af providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities su,-hs as sewer, gas, electrical, and water systems, and streets and bridges. 20-66.6. The hoard 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 flood plain or the public, or it may issue a permit with such conditions as it deems necessary to protect health and safety of the occupants and the public or provide proper flood control or protection, or A may deny the application. The burden of showing that the proposed devel.op„+ent, will not endanger health and safety and that it will be an appropriate use of the land shall rest upon the developer, who shall pro- vide 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 all.eviaLe 0 effects of the same. 20-66.7. Withorit liatiting the generality of the foregoing, the Board shall insure: (a) Thyt new construction or substantial improvements of residential structure: within the flood plain zone will have the lowest floor (including basement) elevated to or above the level of the 100 year flood. (b) That. new construction or substantial improvements of non-residential structures intended for- huiiian occupancy or employment, excluding opera-walled) shelters for temporary use by outdoor recreationalists, within the flood plain ryone will. have the lowest floor (including basement) elevated to or above the .Level. of the 17:) ye r flood or, together with attendant utility and sanitary f3cil.itie:3, be floodproofed as defined in sec. 20-64. tip to the level of the 1_.Y0 year flood. ',-'here floodproofing is utilized for a particular structure the 9oard shall rPclui.rp certification from a registered engineer or architect of the, floorip roof i.ne. and of the elevation to which the structure is floodproofed. (c) That no use or structure shall be located in the designated floodway which would re.;ul.t: in any increase in flood levels during the base flood discharge. (d) No fill or encroachments within the designated fl.00dway shall be permitted that, would impair .its ability to carry and discharge the waters resulti.ng frus, the 1.00 year flood, except where the effect, on flood heights is fully offset try stream improvements. (e) That al.l. other necessary permits for the proposed development (as defined :in sec. .'7_2) have been received from those Federal,state or local zoverment!a 1 %,cnei.es from which prinr__; ILxI,Lavin is required. (f) That adjacent communities and the Massachusetts Dept. of Environmental Quantity Engineering, Division of Water Resources are notified prior to any alteration or relocation of a watercourse, and that evidence of such notifications is submitted to the Federal Insurance Administration, and that the flood carrying capacity within the altered or relocated portion of any water course is maintained. (g) That new construction (including prefabricated buildings) and substantial improvements be anchored to present flotation and laterial movement, and be constructed with flood resistant materials and methods. (h) That new or replacement water supply systems and/or sanitary sewerage systems to be located in the flood plain zone shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Sec. O'naral Stipulations. 21-611. A subdivision, filed with the Planning Board under Chapter 41 or the Geneial. Laws of Massachusetts, shall meet the Rules and Regulations of the Planning Scard is Vey apply to Flood Plain uGna8ement. The subdivision as approved by the Plinning Board may be considered a single application when submitted to the Board of Appeals under this ordinance. (The action of the Planning Board shall in no way limit the Board of Appeals in their deciviOn and setting of ;3nditions). 21-67. 2. MoKinZ contained in this ordinance shall limit the authority of the Board of Health with respect to premises in the Flood Plain Zone or affect the applicability if the building code to any building in the Flood Plain zone. 21-67. 3, A building permit issued by the Building inspector before the effective date of this ordinance shall be deemed to be a permit hereunder 21-6?.4. Any plans or applications submitted to any Board, Agent, or Author- ity of the Town which concerns land within the Flood Plain shall be noted: "This proposal is for land which lies in the Flood Plain and meets the require- ments of the Flood Plain Ordinance". 20-67- 5. 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 nonconforadng, uses, to incorporate floodproofing measures, provided such measures or such modification, alteration, repair, or reconstruction do not raise the level of the 100 year flood at any point. 20-Q. 6. No new construction, alteration, or extension of structures for human occupancy as permitted under Section 20-66 shall be allowed beyond the foundation stage, until the elevation of the lowest floor (including basement) has been checked and certified in writing to the Building Inspector 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 node 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 Building Inspector and shall be open to public inspection. 20-67. 7. Records of the certification of the floodprooring of non-residential structures as required in sec. 20-66. 7 (b) shall be maintained in the office of the Duilding Inspector and shall be open to public inspection. YAM. Where interpretation is needed as to the exact location of the boundaries the flood plain zone (for example where there appears to be a conflict between a nopped boundary and actual field conditions) the Town Engineer shall nuke the necessary interpretation. Sec. .20-61. Perforirv3nce Gudrantee. The completion of all earth work not bonded orcovenAnted underiChapter 41 of the General Laws of Massachusetts shall be guaranteed with the Tuwn of Agawam'. by securities or bond as required by the Town prior to commencement by any earth work. Sec. 20-69. _ Severabilitp, The invalidity of any section or provision of this Ordinance for the regulation of the Flood Plain shall not invalidate any other section or provision hereof. Secs 20-20. Reserved= Sgc, 20-71,� Reserved - •s ' � it; vrSru •t M . • TO BE ADDED TO SECTION 20-2 Sec. 20-2 Definitions Base Flood: The flood having a one percent chance of being equaled or exceeded In any given year. Also, referred to as the 100 year flood. Develo went: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood Insurance Study: The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Boundary and Floodway leap, the Flood Insurance Rate Nap, and the water surface elevation of the base flood. Mobile Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. TO REPLACE EXISTING DEFINITION Section 20-2 Definitions Flood or Flooding: A general and .temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters (2) The unusual and rapid accumulation or runoff of surface waters from any source Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Fringe: The land in the flood plain within a coamunity subject to a one percent or greater chance of flooding in a given year that is located outside of the Floodway. Substantial Improvement in the flood plain means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. • i blU , UAtk �pF AGR TOWN OF AGAWAM � 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 �p�RATEO spy Planning Board Certified Mail #762379 January 19, 1978 Registry of Deeds 50 State Street Springfield, Mass. Gentlemen: At a duly called meeting of the Agawam Planning Board held on Thursday, January 5, 1978, the Board voted 4-0 to amend the Rules and Regulations of the Board by adopting the enclosed document. Very truly yours, co W -2 Zvi c) AGAWAM PLANNING BOARD Lj-V) L4� Q • �,l F.-}4 � `f`� (/'� \_�{ ( thy\4 LU.e CV ' 1 CTJ C7.�`• ti TOWN OF AGAWAM I herewith certify that from records in my custody as Town Clerk, that the above named and signatures are those of the members of the Agawam Planning Board. ATTEST: C � Edward A. Caba Town Clerk AMENDMENTS TO SUBDIVISION RUMS & REGULATIONS TO BE ADDED TO PREAMBLE-END OF 2nd PARAGRAPH The purpose of these rules and regulations is to assure that subdivision proposals and proposals for other developments, including their utilities and drainage are located and designed to be consistent with the need to minimize flood damage. TO REPLACE RULE ,#1 1. The finish grade of land at all sides of any residential building shall be ,set at an elevation above the base flood level as determined by the Planning Board from the Flood Insurance Study. TO REPLACE RULE #2 2. Within that portion of the flood plain zone located in the floodway fringe the total area may not be removed from the flood plain storage or be graded in such a way to cause additional hazard to the remainder of the flood plain areas. No more than one/third of the total area may be regraded or filled. Within the floodway, no filling or regrading may be done. TO REPLACE RULE #5 5. All plans and proposals reviewed by this Board which lie in the Flood Plain Zone shall so be stamped or legally noted with the base flood elevation indicated so that land oNmers and future occupants shall be aware of their responsibilities. This notation shall be endorsed on Form A's, "Subdivision s Control Not Required", Site Plans, as well as Form B/a "Subdivision Control", preliminary and definitive plans. PAYABLE AT SPONGFIELD NEWSPAPERS SPRINGFIELD WANT ' PHONE 1860 MAIN STREET 787-2422 P.O.BOX 1930 UNION - DAILY NEWS - REPUBLICAN BOOKKEEPER787.5102 SPRINGFIELD, MASSACHUSETTS 01101 AD DATE GIVEN BY PHONE STARTING I ENDING TAKER Q Lu Q a Q D 0W U 0 U � a a U) o z o 1•7 1-7 O W Y (Y Q j 1 2 3 1 5 8 8 9 10 11 12 13 14 15 16 1T 19 19 20 21 22 23 24 25 28 2T 28 29 30 31 H H � Co N Town of A ablo" CLASSIFIED ADS ARE CHARGED AS TO Town C +,irk `$ Of t iCa (Town Cotin Cif ) AN I'odbMrVgDAT&04AKF. ADVANTAGE 36 Ha Ln Street OF CASH PRICE. PAY PROMPTLY. ABawause 0100i } 9d AMOUNT ENCLOSED S C.I.VNE CLASSIFICATION INSTRUCTIONS TO COMPOSITOR SKIP LINES TIMES e. DETACH AND RETURN SECOND PART CASK PRICE CHARGE DATE CHARGE AMOUNT AMOUNT WITH YOUR PAYMENT IS Ecf% AFTER ❑ TGivl$ OF A&A. PROP. AMEND. TU FL60D FLAlu ZcD;lYt:y ORD. 4 -vow la - « e SPRINGFIELD NEWSPAPERS 1860 MAIN STREET, SPRINGFIELD, MASS. 01101 INVOICE SEE REVERSE SIDE FOR BILL CORRECTION PROCEDURE OF AG • • 9� TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 ���RATED Mpy Planning Board January 11, 1978 Mrs. Rita Rose, Council Clerk Town of Agawam Agawam, Mass. 01001 Re: Flood Plain Ordinance Revision Dear Mrs. Rose: At a duly called meeting of the Agawam Planning Board held on Thursday, January 5, 1978, the Board voted 4-0 to recommend to the Town Council that they amend the Town Code, Section 20, Zoning - Flood Plain Ordinance - Amendment to the Flood Plain Zoning Ordinance to comply with the requirements of the Federal Insurance Administration under the Federal Flood Insurance Program, as enclosed. The Planning Board also recommends that the following additions to the original amendments be made (said additions were presented at the Planning Board Public' Hearing) , as requested by Housing and Urban Development (HUD) : 1. An addition to the first paragraph of',Sec. 20-64 indicating that the requirements of Section 20-66.7 (f) must be met. 2. A revision of the existing definition of "substantial improve- ment" changing from 25% of assessed value to 50% of market value. Respectfully submitted, C M Public Hearing: Jan. 5, 1978 X Natalie C. Geo ge �„ Advertising Dates: Dec. 20 and Chairman -� '''C) Dec. 28, 1977, Springfield News- Agawam Planning Board 4? �m papers, Metro West Editions. w c-) . � m NCG/wem DL.11ARTMENT OF HOUNNG AND Ufli= OLVELOPMEN'r "'k-j FIQDEnAL MISURANCI ADIAtrh', I HA ICON WAS"INGIGN, 0. C. 20"rl IN REPLY RUVEN TO: IFE (179) FLO-1-1 Mr. J D. Westman 000341 wcmn ManaUer. Town of Agawan, 36 Main Street AgawaM, massachusetts 01001 Dear. Mr. WooLman : Enclosed are copioq of the Flood Insurance hate Map for the Town of Agawam, Massachusetts , prepared by the Federal. Insurance AdministlatiOn. This map becomes Qffective February 1, 1978, and, aci of thaL Onto, all new flood insurance policies are to be rated accurdinq1y. Sincerely, J. Robeirt Hunter Deputy Federal insurance Administratur Enclosures CD rm- C> AWN OF AGAWAMO INTER -OFFICE MEMORANDUM FROM: John P. Stone, Town Engineer DATE: January 6, 1978 Proposed Revision or Flood T0: SUBJECT: Edward A. Caba, Town Manager, Planning Board Plain Ordinance Enclosed is a redraft of the proposed Flood Plain Ordinance incorporating the amendments requested by HUD and approved by the Planning Board at their meeting on January 5, 1978. These revisions involve an addition to the first paragraph of Sec. 20-64 indicating that the requirements of Section 20-66.7 (f) must be met and a revision of the existing definition of "substantial improvement" changing from 25% of assessed value to 5D% of market value. May I remind you that certified copies of the adopted ordinance must be in the hands of HUD by February 1, in order for the Town to meet the requirements of the Federal Flood Insurance Program. mot. w/ �7 fit".��Tfc^•-t-.._s----- `John P. Stone, Town Engineer • • (7) The following uses by special peruu t as provided by Sec. 20_66 if determined to be consistent with the purposes of this zone, said determination to be made 'by the Hoard of Appeals following application for a special permit by the landowner or owners: (a) Developed recreation facilities except buildings. (b) Utility lines and facilities. (c) Dams and other water control facilities if in an authorized plan by public agency or if built to create ponds for recreational or agricultural use. (d) 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 and provided the requirements of section 20_647 Xe) relative to the elevation of the base flood are met. (e) In the floodway fringe, the numbered A zones, Zone A, and Zone B, that portion of the Flood Plain Zone outside the floodway the development of structures for residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) and the development of structures for non—residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) or together with the attending utility and sanitary facilities is flood proofed to or above the level of the base flood (100 year flood) provided a special permit is issued by the Board of Appeals. The term "Floodproofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro— dynamic loads and effects of buoyancy. Sec. 20_65 Prohibited uses. In those portions of the Town so specified in Section 20_63 as Flood Plain, the following uses of land shall be prohibited: N `The bulk storage of bouyant, flammable, explosive or toxic materials. 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 flood plain, obstruct the flow of flood waters 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. In land within the floodway the following uses of land shall be prohibited in addition to those listed above: (a) Any development within the portions of Town so specified as Floodway on the Flood Boundary and Floodway Map. (b) Erection, construction or other creation or installation of any building, dam or other structure. (c) No use or structure which would result in any increase in flood levels during the base flood discharge. Sec. Board *Appeals - Special Permits. • 21-66. 1. If any land in the Flood Plain os defined in Section 21-63 is found by the Bo:,rd )f Aplprals not in fact to he 3t or below the level of the bate flood (1•)() year flnod), not to be unsuit-able hecauve of drainage conditions, or if the proposed action is not incansistent with the purpose of this Bylaw, the Board of Appeals nriy grant, aftf!r a putlic }gearing with due notice, a special permit f:3r the i3;- r,r development of such lard and for the construction d erection of a t:,j ldini, it structure for any purpases permitted in the uaderlying di,trict subject to reasanable conditions and safeguards. Any action by the Daard of Appeals shall not be construed to effect insurance determination or rates. 2)-66. 2 The application for a special periidt �hal.l include s 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. 20-66.3 The application for a Special Permit shall also include an environ- mental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. 20-66. 4 The Board of Appeals may waive the requirements of paragraph .3 if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that environmental impact statement is not necessary to its consideration of the application. 20-66. 5 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 paragraphs 2 and 3 above. The Board of Appeals shall within seven days forward one copy of each to the Building Inspector, Planning Board, Board of Health, and Conservation Commission. These agencies may file written recommendations with the Board of Appeals within thirty 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 the said thirty day period. 20-66. 5.1 In passing upon such request, the Board of Appeals shall consider all technical evaluations , all relevant factors , standards specified in other sections of this ordinance ands (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatibility of the proposed use with exi.stin4; and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) the safe f access to the property in t of fl '»d for ordinary uier• and el vehicles; (j) the expected heights, vel city, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (k) the cists of providing governmental services during and after flood conditions ire^luding maintenance and repair of public utilities and facilities suctis as sewer, gas, electrical, and water systems, and streets and bridges. 2.0_66.6. 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 flood plain or the public, or it may issue a permit with such conditions as it deems necessary to protect 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 pro— vide 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 sane. 20-66.7. Without lin►iting the generality of the foregoing, the Board shall insure. (a) That new construction or substantial improvements of residential structures within the flood plain zone will -have the lowest floor (including basement) elevated to or above the level of the 100 year flood. (b) That new construction or substantial improvements of non—residential structures intended for human occupancy or employment, excluding open—walled.i shelters for temporary use by outdoor recreationalists, within the flood plain zone will have the lowest floor (including baseaRnt) elevated to or above the level of the 100 year flood or, together with attendant utility and sanitary facilities , be floodproofed as defined in sec. 20_64 up to the level of the 100 year f000d. Where floodproofing is utilized for a particular structure the Board shall require certification from a registered engineer or architect of the floodproofing and of the elevation to which the structure is floodproofed. (c) That 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. (d) No fill or encroachments within the designated floodway shall be permitted that would impair its ability to carry and discharge the waters resulting from the 100 year flood, except where the effect on flood heights is fully offset by stream improvements. (e) That all other necessary permits for the proposed development (as defined in sec. ?1_2) have been received from those Federal,state or local govermental arencies Fran►: which. prior _uproyal is_ re CJ41rQd._.__._..._ ._ . .. .__. , ..�._. (f) That adjacent communities and the Massachusetts Dept. of Environmental Quantity Engineering, Division of Water Resources are notified prior to any alteration or relocation of a watercourse, and that evidence of such notifications is submitted to the Federal Insurance Administration, and that the flood carrying capacity within the altered or relocated portion of any water course is maintained. (g) That new construction (including prefabricated buildings) and substantial improvements be anchored to present flotation and laterial movement, and be constructed with flood resistant materials and methods. (h) That new .or replacement water supply systems and/or sanitary sewerage systems to be located in the flood plain zone shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Sec. ?�_;? Cer:Pra1 E-tipu1 -1ti.ons. 2)_67. 1. A suL:iivi::i )n, filed with the Plannine Ac,;jrd urldi-- • chapter 41 of the General Lay.,6 of Massachusetts, shall rleet tha Rules and Regulations of the Plannin Board Is they apply to Flood P?-tin unn,Lement. The subdivisian as approved by the PI-inning Board may be r_nn4idered a single application when submitted to the Board of Appp3ls under this ordinance. (The action of the Planning Board shall in ni way limit the Board of Appeals in their decision and setting of conditions). 21-67. 2. Nothln,- contained in this ordinance small limit the authority of the Board of idNalth with respect to premises in the Flood Plain zone or affect the applicability of the building code to any buildin4 in the Flood Plain zone. 21-6,1. 3. A building permit issued by the Building Inspector before the effective date of this ordinance shall be deemed to be a permit hereunder . 21-67.4. Any plans or applications submitted to any Board, Agent, or Author- ity of the Town which concerns land within the Flood Plain shall be noted: "This proposal is for land which lies in the Flood Plain and meets the require- ments of the Flood Plain Ordinance". 20-67. 5• 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 such measures or such modification, alteration, repair, or reconstruction do not raise the level of the 100 year flood at any point. 20-67.6. No new construction, alteration, or extension of structures for human occupancy as permitted under Section 21-66 shall be allowed beyond the foundation stage, until the elevation of the lowest floor (including basement) has been checked and certified in writing to the Building Inspector 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 Building Inspector and shall be open to public inspection. 29-67.7• Records of the certification of the floodproofing of non-residential structures as required in sec. 20-66.7 (b)' shall be maintained in the office of the Building .Inspector and shall be open to public inspection, 20-67.8. Where interpretation is needed as to the exact location of the boundaries the flood plain zone (for example where these appears to be a conflict between a mapped boundary and actual field conditions) the Town Engineer shall make the necessary interpretation. Sec. .27_68. Performance Guarantee. The completion of all earth work not bonded or covenanted under(Chapter 41 bf 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. Sec. 20-69. Severabiliity• The invalidity of any section or provision of this Ordinance for the regulation of the Flood Plain shall not invalidate any other section or provision hereof. Secs 20-70. Reserved= Sec`, 20-71. , Reserved. TO BE ADDED TO SECTION 20-2 Sec. 20--2 Definitions Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also, referred to as the 100 year flood. Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood Insurance Stud s The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Boundary and Floodway Map, the Flood Insurance Rate Nap, and the water surface elevation of the base flood. Mobile Hou-es A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. TO REPLACE. EXISTING DEFINITION Section 20-2 Definitions Flood or Floodin : A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters (2) The unusual and rapid accumulation or runoff of surface waters from any source Floo• • dway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Fringes The land in the flood plain within a community subject to a one percent or greater chance of flooding in a given year that is located outside of the Floodway. Substantial Improvement in the flood plain means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 5a percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. R *WN OF AGAWAMO ' INTER -OFFICE MEMORANDUM FROM: John P. Stone, Town Engineer DATE: January 6, 1978 evision o ood TO- Edward A. Caba, Town Manager, Planning Board SUBJECT: Plain Ordinance Enclosed is a redraft of the proposed Flood Plain Ordinance incorporating the amendments requested by HUB and approved by the Planning Board at their meeting on January 5, 1978. These revisions involve an addition to the first paragraph of Sec. 20-64 indicating that the requirements of Section 20-66.7 M must be met and a revision of the existing definition of "substantial improvement" changing from 25,% of assessed value to 50% of market value. May I remind you that certified copies of the adopted ordinance must be in the hands of HUD by February 1, in order for the Town to tweet the requirements of the Federal Flood Insurance Program. �= John P. Stone, Town Engineer Sec. 20-62 Purposes The Flood Plain Zone and the regulations herein have been established for the following purposes: To protect and preserve the water courses and their adjoining flood plain; to reduce the hazards of floods upon the public health, safety and general welfare; to protect flood plain 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; to protect the capacity of flood plain to absorb transmit and store runoff; to assure retention of suffidient floodway area to convey flows which can reasonably be expected to occur. Sec. 20-63 Location of Flood Plain All land deTineatedon t e map consisting of two pages entitled "Flood Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective February 1 1978", as zone A-11, zone A-13, zone A-16, zone A, zone A-2, and zone B be included in the flood plain zone. This map is part of the Flood Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and Urban Development, Federal Insurance Administration. This Flood Insurance Study, dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. In general terms the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut River and its tributaries and Still Brook which lie at or below the elevation of the base flood (100 year flood) as determined in the Flood Insurance Study. The Flood Plain Zone shall be considered to be superimposed over other zones shown on the zoning map, as a recognition of the special hazards which exist in such areas. 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 provision of this ordinance. Sec. 20-64 Permitted uses In those portions of the Town so designated in paragraph 20-63 the following uses of land shall be permitted provided all necessary State and/or Federal Permits are obtained and thp re ui ments QL5ec. 20_66.7(f) are mats NConservation of water; plants and wild life. Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. . (3) Grazing, forestry and other farms or agriculture consistent with the purposes of the zone. (4) 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. (5) Proper operation and maintenance of dams and other water control devices. (6) Construction and maintenance of highways, streets, sidewalks, sewers, water mains, storm drains, utilities and related facilities by governmental agencies providing that the water and sewer systems and utilities be designed and constructed to minimize flood damage and to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood waters. (7) The following uses by special peraait as provided by Sec. 20_66 if determined to be consistent with the purposes of this zone, said determination to be made by the Board of Appeals following application for a special permit by the landowner or owners: (a) Developed recreation facilities except buildings. (b) Utility lines and facilities. (c) Dams and other water control facilities if in an authorized plan by public agency or if built to create ponds for recreational or agricultural use. (d) 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 and provided the requirements of section 20_64?Xe) relative to the elevation of the base flood are met. (a) In the floodway fringe, the numbered A zones, Zone A, and Zone B, that portion of the Flood Plain Zone outside the floodway the development of structures for residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) and the development of structures for non—residential use only if the lowest floor (including basement) is elevated to or above the level of the base flood (100 year flood) or together with the attending utility and sanitary facilities is flood proofed to or above the level of the base flood (100 year flood) provided a special permit is issued by the Board of Appeals. The terra "Floodproofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro— dynamic loads and effects of buoyancy. Sec. 20_65 Prohibited uses. In those portions of the Town so specified in Section 20_63 as Flood Plain, the following uses of land shall be prohibited: (1) The bulk storage of bouyant, 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 flood plain, obstruct the flow of flood waters 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. In land within the floodway the following uses of land shall be prohibited in addition to those listed aboves (a) Any development within the portions of Town so specified as Floodway on the Flood Boundary and Floodway Nap. (b) Erection, construction or other creation or installation of any building, dam or other structure. (c) No use or structure which would result in any increase in flood levels during the base flood discharge. r • a�'c. ?�-bh. IIa.,rd fA1SP(%ais _ Special Permits. 2)-66. 1 If any isms in the Flood Plain cos defined in Section 21-63 is found by the Board )!' Appeals not in fact to he 3t or below the level of the base flood (100 yeir flood) , not to be unsuitable because -3f drainage conditions, or if the proposed action is not inconsistent with the purpose of this Bylaw, the Board of Appeals miy ,rant, after a putlic herring with due notice, a special permit f:;r the use or development of such lard and for the construction and erection of a buiidin: .;r structure for any isurp3;e permitted in the underlying district subject to reasonable conditions and safeguards. Any action by the DDard of Appeals shall not be construed to effect insurance determination or rates. 2)_66. 11 The application for a special permit shall include s plan prepared and certified by a professional engineer or land surveyor, registered in the Commonwealth of M.3353chusetts. 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. 20-66.3 The application for a Special Permit shall also include an environ- mental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. 20-66.4 The Board of Appeals may waive the requirements of paragraph .3 if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that environmental impact statement is not necessary to its consideration of the application. 20-66. 5 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 paragraphs 2 and 3 above. The Board of Appeals shall within seven days forward one copy of each to the Building Inspector, Planning Board, Board of Health, and Conservation Commission. These agencies may file written recommendations with the Board of Appeals within thirty 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 the said thirty day period. 20-66. 5.1 In passing upon such request, the Board of Appeals shall consider all technical evaluations , all relevant factors, standards specified in other sections of this ordinance ands (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatibility of the proposed use with exi.stinE and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) the safet f access to the property in t�s of fl •,)d t'()r ordinary ' .and emerjoy vehicles; (j) the expected heights, velc;city, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (k) the costs if Providing governmental services during and after flood condlt.ion, ini-ludin­ muintenance and repair of public utilities and facilities sucks as sewer, gas, electrical, and water systems, and streets .and bridges. 20-66.6. The Hoard 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 1 :ind within the flood plain or the public, or it may issue a permit with such cunditions as it deeiws necessary to protect health and safety of the occupants and the public or provide proper flood control or protection, or it tiny deny the application. The burden of showing that the proposed development will not endanger health'and safety anti that it will be an appropriate use of the land shall rest upon the developer, who shall pro- vide 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 al]PV13te the effects of the sanbe. 20_66.7. Without limiting the generality of the foregoing, the Board shall insure: (a) That new construction or substantial improvements of residential structures within the flood plain zone will -have the lowest floor (including basement) elevated to or above the level of the 100 year flood. (b) That new construction or substantial improvements of non-residential structures intended for human occupancy or employment, excluding open_walledd shelters for temporary use by outdoor recreationalists, within the flood plain zone will have the lowest floor (including basement) elevated to or above the level of the 100 year flood or, together with attendant utility and sanitary facilities, be floodproofed as defined in sec. 21-64 up to the level of the 100 year f000d. Where floodproofing is utilized for a particular structure the Board shall require certification from 3 registered engineer or architect of the floodproofing and of the elevation to which the structure is floodproofed. (c) That nn use or structure shall be located in the designated floodway which would result in any increase in flood levels during the base flood discharge. (d) No fill or encroachments within the designated floodway shall be permitted that would impair its ability to carry and discharge the waters resulting from the 101 year flood, except where the affect on flood heights is fully offset by stre3, m improvements. (e) That all other necessary permits for the proposed development (as defined in sec. 2�_2) have been received from those Federal,state or local govermental agencies froir, which prior �yprpyal is regt .T ____..__ (f) That adJacent communities and the Massachusetts Dept. of Environmental Quantity Engineering, Division of Water Resources are notified prior to any alteration or relocation of a watercourse, and that evidence of such notifications is submitted to the Federal Insurance Administration, and that the flood carrying capacity within the altered or relocated portion of any water course is maintained. (g) That new construction (including prefabricated buildings) and substantial improvements be anchored to present flotation and laterial movement, and be constructed with flood resistant materials and methods. (h) That new or replacement water supply systems and/or sanitary sewerage systems to be located in the flood plain zone shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Sec. CenPr:il °tipulations. 2]_67. 1. A subdivi.siori, filed with the Planning; 9�j;ird urndi.r Chapter 41 of the General Lau-,; of Massachusetts, shall meet the Rules and Regulations of the Planning Board -is they apply to Flood P1.3in management. The Subdivision as spproved by the Planning Board may be considered a singje application when submitted to the Board of Appeals ,rider this ordinance. (The action of the Planning Board shall in no way limit the Board of Appeals in their decision and setting; of _anditions). 20-67. 2. Notnir.,; contained in this ordinance shall limit the authority of the Board of Health with respect to premises in the Flood Plain zone or affect the applicability of the building code to any building; in the Flood Plain zone. 29-67. 3. A building permit issued by the Building Inspector before the effer.tive date of this ordinance shall be seemed to be a permit hereunder . 21-67.4. Any plans or applications submitted to any Board, Agent, or Author- ity of the Town which concerns land within the Flood Plain shall be noted: "This proposal is for land which lies in the Flood Plain and meets the require- ments of the Flood Plain Ordinance'f. 20-67. 5. 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 such measures or such modification, alteration, repair, or reconstruction do not raise the level of the 100 year flood at any point. 20-67.6. No new construction, alteration, or extension of structures for human occupancy as permitted under Section 21-66 shall be allowed beyond the foundation stage, until the elevation of the lowest floor (including basement) has been checked and certified in writing to the Building Inspector 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 Building Inspector and shall be open to public inspection. 20-67.7• Records of the certification of the floodproofing of non-residential structures as required in sec. 20-66.7 (b) shall be maintained in the office of the Building Inspector and shall be open to public inspection, 20-67.8. Where interpretation is needed as to the exact location of the boundaries the flood plain zone (for example where there appears to be a conflict between a mapped boundary and actual field conditions) the Town Engineer shall make the necessary interpretation. Sec. .20-68. Performance Guarantee. 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. Sec, 20-69. Severability, The invalidity of any section or provision of this Ordinance for the regulation of the Flood Plain shall not invalidate any other section or provision hereof. S — Reserved= Sol, 20-71. _ Reserve TO BE ADDED TO SECTION 20-2 Sec. 20-2 Definitions Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also, referred to as the 100 year flood. Development_ Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood Insurance Studyt r The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Boundary and Floodway Map, the Flood Insurance Bate Map, and the crater surface elevation of the base flood. Mobile dome: A structure, transportable in one or more sections, ►rhich is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. y r 1 • • TO REPLACE EXISTING DEFINITION Section 20_2 Definitions Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters (2) The unusual and rapid accumulation or runoff of surface waters from any source Flo_ odway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodway Fringe: The land in the flood plain within a community subject to a one percent or greater chance of flooding in a given year that is located outside of the Floodway. Substantial Improvement in the flood plain means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.