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AGENDA ITEMS - REVISIONS AND PROPOSALS SUBDIVISION REGULATION REVISIONS Section V, C4, (3) b, (2 ) shall read as follows: " (2) Profiles of the .ground as it exists at each street line shall be shown and identified as such. Also, the proposed profile shall be shown and so identified and shall refer to elevations as applied to the top of the proposed curb. All such top of curb elevations shall be stationed at a maximum of fifty (50) feet intervals for the entire length of each street and at every change of grade. When the Proposed street is a continuation of an existing street, the stationing thereof shall be a con- tinuation from the end of the existing street. " Section VI, IIlb shall read as followsa ,"t "' 1. •'`'' '`-'a ^ ,' - � Cul-de-sac, or permanent dead-end streets, shall be pro- vided with a minimum turnaround radius distance of not less than 35 feet and a property line radius of .at least 46 feet. The turnaround shall be paved to its full , width. rl o CD ' � az Section VI, B add paragraphs 3, 4, 5, and 6s "3. Curves ` ax 0 a. The minimum center line radii of curved streets rj shall be one 'hundred and fifty (150) feet. .. n b. Greater radii may be required whenever deemed advisable or necessary by the Superintendent of Streets and Engineering. 4. Intersections a. Cross intersections within the subdivision should be avoided, where possible. b. Street ,dogs with center line offsets of less than one hundred and - twenty-five (125) feet shall not be permitted., ; c. Streets shall be laid out so as to intersect, as nearly as possible, at a right angle. No street - shall intersect- any other at less than a sixty (60) degree, ' unless approved by the Superintendent of Streets and Engineering. d. Street lines; at intersections, ;shall be rounded$ to the extent deemed advisable and necessary by the Superintendent of Streets and Engineering. 4 1 • 5. Grades FY• + ? ,, 'r!' '. • 'ire• . , a. Grades, at all streets, shall not be less than one- , ,,,., half (: ) of one. (1) percent; nor greater than •six t (6) percent for principal streets and nine (9) per- ' �•, ' . cent for all other streets. .,;k"#', �,• b. When the grade, of any street, at its approach to an intersection, exceeds six (6) percent,a leveling area shall bo provided, which area shall have not greater than .a one (1) percent grads for a distance of not less than fifty (50) feet from the nearest,, exterior street line of the proposed or existing intersecting street. 6. Crowns • .. .. ' �1 ', ,•' '..i. ' a. Pavement shall be pitched one-quarter (14) inch per foot, from the center line of the roadwa� to the , outer edges of the pavement. " r Section VI, Add section ,J .to read as follows: J. Base Flood Elevation . l) Base Flood Elevation data shall be provided for subc3i- , visions greater than 50 'lots or 5 acres, whichever is the lesser for that portion within the Flood Plain District shown on the Springfield Flood Insurance Rate f9aps, Panel #250150. n=rering of the sections is assuned for purposes of study. The actual ' fIg wi11 be accomplished by Town Counsel upon action by the Council. ) PROPOSED At E,3D:�ENT to the Zoning Ordinances of the Town of Agawam To Provide For Regulation of the Flood Plain 20-62 PURPOSE The Flood Plain Zone and the regulations herein 'have •been -established far. the following purposes. _ . To protect and preserve the water ccurses and their ad joinirp -flood , piAJLn 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 r+rotect the publicfrom the burden of extraordinary financial expenditures for flood control and relief; to protect the capacity of flood plain,; Ito absorb, transmit and store run-off; to assure retention of sufficient floodxay area to convey flows which can . reasonably 'b expected to occur. 20-63 IDCATION OF FL00D PLAIN . All land delineated on map entitled "Town of Agawam Mass.* F::.I: A. Flood Lisurance and Flood Hazard Boundary Map" designated by kUD, shall be- included in the Flood Plain Zone. These areas are described in general terms as that land adjacent to the Westfield and Connecticut Rivers which lie at or below the level of the elevaticn of the 100 year flood -as The flood plain zone shall be considered determined by the Federal Insurance Administrators/to be superimposed over the other zones shown on the zoning *nap, as a reco ninon of the F special hazards which exist in such areas. 20-64 PER"aTTED usEs 2 • the -following, uses of land shall be r-nitted; f. • Conservation of water, plants and wild life. 2. 'Legally permitted outdoor recreation not recuirin'g develop- ment 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 alterations or exctensions'shall be granted unless a Special Permit is granted, -, by the Eaard of Appeals. g. Proper operation and maintenance of -darns and other water control' devices. .6. The following uses if determined to be consistent-. with the our- poses of this zone, said determination to -be made b'r the R.oard of Appeals following petition of the Land owner or, owners:' a. Developed recreation facilities. '-, _ b. Utility lines and facilities. c. Dams and other water control facilities if in an author ized 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, or large structures if constructed as to not obstruct natural hydrological • feature' s. e. In the flood fringe the developnent of structures for ' residence' idea :only if- the lowest floor {including .. basement) is elevated to or alove the level of the 100 year flood, the structures for rion-residence use shall have the lowest floor including base-tent elevation to or at�ove 'the level of the 100 year flood or the structure together with the attending utility and sanitary facilities is flood- ' - proofed_.up to tk:e level of the 100 year. flood • .. .:- PROHIBI'TED-flSES . ----.�.. _...._._r..--•-''------. _.. . - _._ _._._......._. _.. ... _ .. : ..�._ ;._ .__—. -.. .• :16t those_ portions.of the.•Town so specified in Section 20-y6; as .. - "Flood Plain' :•.thee. fallowing •uses of land shall be prohibited: Erection, construction or other creation or installation o£ - any building, dam or other. structure: - - - • The,-storage of-bouyant ' fla=able, explosives or toxic materials, 3. The addition,-- removal; -or--transfer of such quantities- of water-: - - ._:ial, .including trees, shrubs, and ground cover, that .would re _._.._ duce the water storage capacity of the flood plain, obstruct the --flac raters in a f1-6 diiiy, or.vttieriiise?`adversely affect: the natural'hydrology 'of the. area•.` - -- -- - - .. �.. .. ---'�: �� ._tee:-�:• _ s 4�:: :Tre`_di ar dr3n .of a,rre7_I intended as,:asoux�c oi"dom- . es 5.' The installation of septic tank or leaching fields 20-65 EOAAD OF APPEALS' SPECIAL PERMITS ~ 1 . If any land in the Flood Plain District is found by the Poard of Appeals not in fact to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions, and if the proposed action is consistent with the purpose of this B,y- . 1. w, the Board. of Appeals may grant, after a public hearing with due notice, a special permit for the use of such lard and for, the construction and erection cf a building or structure for any pur- 4 pose permitted in the underlying district subject to reasonable conditions 'and sa.eguards. 2. The application for a special permit shall include a plan pre- pared and certified by a registered professional engineer or a .' land surveyor registered in the Commonwealth of Massachusetts _. -•_. __._ .- _::: •;:_. T pla proposed and existing buildings, strectures, _This n will show all - _ - - _ - zn roads, ways, drainage;facilities, and .landscave features (including -- - -i' - - Wetlands; trees- and'-the :Like} and- other• engineering,arid—hv+drolagira'1__- data the Board finds necessary. The plan will show all eadsting and Proposed finished ground contours at 2 foot intervals. - ' .3. The; application for an'exception shall also include an 'environ- - meatarlY.impac•r statemei �� pr•epar,ec 't are _ 1 3iftce registered professional engineer. This statement will describe the impdet'upon the- physical,envirorunent of ,the-proposed::'.use' _ b.. The. Board of Appeals may viive the requirements of.paragraph 3. if = it-determines -that the ,probable impact: upon the physical environ- f _ V went-cf•-thea•pro sed�- user is,'Yta- be-.mihimal�--'and, that +� r 'emrii Oi2i rtta3 impact `statement° is-•nnt ne-ces- _ sary to its consideration of the application. •5. The applicant shall provide the Board with an,original and- 7 copies of the request and of any plan acid/or envirormerital impact statement required under paragraphs 2, 3 above. 'The Board of Appeals will promptly forward one copy of each to the Building Inspector, Plannizng Board, Board of Health, and Conser- vation Commission. These agencies may file written recorassendations . with the Board of Appeals within 30 days. The Board of Appeals shall not grant approval of an application for an exception kyJYlllli Lli4JILL 1� ' 5 until these reeamame-ndations have been received or until expir- ation of the said 30 day period. The Board of Appeals may issue a permit under this Section if it finds that: The proposed use -of-the premises wi-U 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 of the occupants and the public necessary to protect health and safety/or provide proper flood con- •' trol-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 land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Eoard of Appeals deems necessary. The as a condition of approvale"virP, r that offortive nntice Board shall, • be given to prospective purchasers or existing landowners or 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. - Without limiting the generality of the foregoing, the Board shall insure: _ 1. 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 t•he 100 ,year flood. 2. That new construction or substantial improvements of non-residential structures intended for h=.an occupancy or employment, excluding open-walled shelters for temporary use by outdoor recreationists, • 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 LtiLty arc sanitary, facilities, be flood- proofed up to the level of the 100 year flood. �3.' •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, and on waste disposal sy stems shall be' - - -located so as to avoid impairment of them or contamination' fret - _ . them during flooding. 77 !�. That no .use or structure shall be, located in'the designated floodway.which would raise the level of the 100 year flood more - than 1 foot at any point. No till or encroachments within the designated floodway shall !' be permitted that would impair its ability'to carry and dis- charge -the waters resulting from the' 100 year flood; -'except where the effect on flood heights is fully offset by stream•._ .: _ improvements. ._. -Any existing nonconforming uses or structures in the designated floodway sha31 not be expanded•but may be modified, altered, repaired, or reconstructed, subject to regulations. pertaining to nonconforming uses, to incorporate flood proofing measures, provided such measures or such modification, alteration, repair, or reconstruction do not raise the level of the 100 year flood at any point. 3. A subdivision, filed with the Planning Board under Chapter 1,1 of • the General laws of Massachusetts shall meet the -Mules and Rego- _lations of the Bard as they apply to Flood Plain management. Tha subdivision as approved by the Planning Board may be consid- 7 ered 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 decision and setting of conditions.) . 6. ' Nothing contained in this section 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. 7. A building permit issued by the Building Inspector before the effective date` of this section shall be, deemed. to be a ro.. t hereunder. No new construction, alteration, or extension of structures for human occupancy as permitted under Section 20-65 shall be allowed beyond the- foundation stage,. until the elevation of lowest floor (including base- " sent) 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 :�•y: : the.applicant: •�:', r 20-67 PFP.FDRMANGE ^GUARANTEE •.• �~ !� � � . -. ..,_� _. ,. : ..- ------__....._....._..... . ..� The completion of all earth work not bonded or covenanted under Chapter 1&1 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 of any earth work, 20-68 SEVF.WILITY provision of this Ordinance sha13` rgt The invalidity of any section or t invalidate:•anyother section or provision hereof. f Add to JJ ��-TINlTIONS. Flood -- a temporary rise in strewn flow that results in water topping its banks and 'inundating areas adjacent to the channel or floral plain. _ Flood Plain - the-land adjacent to. a body of,wa ter-which has been ' or.nay be hereafter.-cc' red by flood water.. locdaay - the' channel-of a stream and .those portions'.af the 'flood:_ plain adjoining the channel that are required to carry and >' _ discharge the' flood water or flood f lows-of` any .river or stream, *.:.: Flood Frinze - the-area of the flood plain outside, of the floodway . . where water may stand briefly at the height ofla flood, but - does not move with significant current. O-dira V Hi.ah Water Mark -- the tighest-point cz-, the bank of.a.flood7.-v or fiocb .as .n at which 'he water level has -been for 'aMsuffi- cien', period of time to leave a.definite mark. . Storage Caoaci ty of a Flood Plain - the volLme- of space above an area of-flocd plain-land that can be occupied by'flbod water of a given stage at 'a given time regardless of whether the water is moving. LJo ant i•:aterial - A material which displaces. an amount of water ecual ,. 4. to its waiaht;- capable of floating. =_� ..-.... .... . "Substantial T,-noralament in the flood plain means any repair; reconstruction, or w;1-orovement of a structure, the cost of which equals or exceeds 2; percent of the �SseSSed value of the structure either (a) before the improvement is started, or (b) if the structure has been dam2ged and is being restored, before.-the damage occur--ed. • Substantial improvement is started when the first alteration of any scrictuural part of the building commen_ces." �re n=:,ering o. Gw. .. ,• .. ,,boring will be accomplished by-Town Counsel upon action by the Council.). f PROPOSM) c T r. to the Zoning Ordinances of the Town of Agawam � To Provide For R gulation of the Flood Plain 20-62 PE;R?05Fs The Flood Plain Zone and the regulations herein have- been established for the following purposes: r To protect and preserve the water. courses and their ad joining flood: plain; to reduce the hazards of floods upon the public health, safety.'." and general welfare;- to protect flood plain- occupants from at flood _ that is or may be caused by their own land use'and 'that i s or may be , undertaken without full realization of the dangers therein; to protect the public from the burden of extraordiL.ary fi.ra]tcial expenditures for flood control and relief; to protect the capacity of flood plain; to absorb, transmit and store run.-off; to assure retention of sufficient • floodway area to convey flogs which can reasonably be expected to occur. 20-63 LOCATION OF FLOOD PLANE All land delineated bn map entitled "Town of Agawam Mass. Flood Insurance _ and Flood Hazard Map" being part of the Flood Plain Submission to HUD dated December 22, 1979 , shall be inclined in the Flood Plain Zone. These areas are described in general terms as that land adjacent to theWestfield .and Connecticut Rivers which. lie at or below the level of the elevation of the 100 year flood as determined by ;,he Federal Insurance Administrator. The flood plain zone shall be considered to be superimposed over- the other " zcr,es shown on the zoning trap, as a recognition of the special hazards which exis t in such areas. �C J Fi u:Ti�''y'CAD USES i in. `hcse pi.rtior.s of the Town so desigrAted in paragraph 20-63 the the. fo]1o:ring uses of lard shall be permitted; 3 . Corser-vation of water, pl.arts and wild life. 2. Legally per-Tatted outdoor recreation not recuiring develop- ment or landscape alteration in conflict with the purpose of this zone. 3. Grazing, forestry. arA other farms or agricultime consistent, with the purposes of the zone. 4. Dwellings 'lawfully existing prior to the- adolptiori of these .. substantial.- - provisions, however.- no building permits.,for,/alterations' 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. . b. The following asses if determined to be consistent with the pur- poses of this zone, said determinati.on'to be made brr the -Poard of Appeals following petition of the la.ncb�mer-_ or•owners a. Devel ped .recreation facilities. b. Utility lines and facilities. . C. Dams and other water control facilities if in an, author- ' ized plan by public agency or if built to create ponds for recreational or agriculturai'use. d. Elinor buildings incidental to permitted flocdt.control..' -recreation, agric;rltu:al, .etc. •uses, and not exceeding • 200 square feet an ground coverage, or 3.arge structures - if cons}ruc ted as to not obstruct natural hydrological features. e. In the f locd fringe the. development of st;uctures 'for residence use ;only if the lowest floor- tincluding Ce level of the 100 year . b�sement) is elevated to or a'eove y flood, the structures for nor.-residence use shall bale the lowest floor including basement elevation to or above the level of the 100 year flood or the structure together-with the attending utility and 'sanitary facilities is flood-- . proofed up to, the level of the .100 year. flood, 20-65 PROFIBITED USES In those portions of the Torn so specified in Section 20-63 ,as Flood Plain, the following uses of land shall be prohibited: 1 . Erection, construction or other creation or installation of any building, dam or other. structure: - 2. The bulk storage�of bauyant, f1ana'ble, elosiva or ta�dc ' materials. - - 3. The addition; removal, or transfer of such quantities of mater- ial, including trees, shrubs, and pound cover, that would re- duce the water storage capacity of the flood plain, obstruct the flog of flood waters in a flocdway, or other-4ise adversely affect the natural hydrology of the area. 4. The digging or drilling of a well intended as a. source of door-. estic water,,. I 5. The installation of septic tank or leaching fields." - -� 20-66 POARD OF APPEALS - SPECIAL PFPKITS 1 . If any land 'in the Flocd Plain District is found by the Board of Appeals not in fact to be 'subject to seasonal or- oPriedie. flooding or unsuitable because of drainage conditions, and if the proposed action is consistent with the purpose of this By-- :• law, the Board-,.of Appeals may grant-, after a puiolic 'hearing with due notice, a special pent for the use of such-.laz*4 and for the construction and erection of a building or structure for- any purr purpose permitted in the underlying district subject to reasonable conditions and safeguards. 2. The application for a special pemit shall include a plan-prepared ; and certified by a professional engineer of land surveyor,. registered _ in the Co=onwealthl.of Massachusetts. This plan will show all proposed and existing buildings, structures, roads; ways, drainage facilitiesY` and Iandscape features (including wet]�arrds, 'trees, and the;like) and ~ other engineering and hydrological data the`Board finds necessazy:'•. . plan gill shove all existing and proposed finished ground contours:at.,; '. two foot intervals, 3. The application for a::Speczai_.e,-,nit;shall also inciude an envirnrmental impact statement, prepared by an envirormentally qualified registered 3 professional engineer. This statement will describe the impact upon the physical environment of the proposed use. 1s. The Board of Appeals may waive the requirements of paragraph 3 if '.it determines that the probable impact upon the physical envirorment of the proposed use is to be riinimal and that enviro-Lmental impact statement'is rot. necessary to its consideration of the application, �. The applicant shall provide the Board with an original and seven copies of the request and. of any plan ar}a/or envirozrnental impact statement-. required under paragraphs 2 and 3 above. The Board of Appeals shall',;ithin seven days foroard one copy of each to the Budding Inspector, Planning Board, Board of Health, and Conservation Commiss ion. ..These agencies may• file written recorm►endati.ons 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 .fit' ., '---^ -----..-.-.�t__.. _ ._...._--�-------`-----_.��:,---�._.,__-....-1--.. ..-..-•-•--= •- ---- _.. �,�.!�f� -... .,... been received or until expiration of the said thirty day period. The Board of Appeals may issue a permit user 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,I 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" sue1� additional engineering and hydrological data as the Board of Appeals - deems necessary„ The Board shall, as a. condition of approval, require r ' 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, amd the steps undertaken by the petitioner . or his successor in title to alleviate the effects 'of the same. Without limiting the generality of the foregoing, the Board shall. insure: 1. 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. = 2. That new construction:or substantial improvements of non-residential structures intended for h=,--:z occupancy or employment, excluding' r :: open-galled shelters for temporary use by outdoor recreationists,. within the flood plain zone wall have the lowest floor (including .-�•- ' l basement) elevated to or .above the level of the 100 year f3mod or., together with attendant utility aril sanitary facilities, be flood- r ' proofed up to the level of the 100 yaar flood. 3. 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 . 1 waters into the system arxi discharges from the systems into flood waters and on-site waste disposal.,systems.'shall be located so'as to= avoid impairment=of,them ors contimination••frcm' A� ` ' L them during flooding: 4. ' That no use or structure shall be,,located in .the 'desi%mated: floodway•which would raise the 'level of .the`100 year--flood more than 1 foot at any point. �.. _`:•; . No fill or encroachments within the designated flood way shall be permitted that would impair its ability to carry and dis- charge the waters resulting from the 100 year flood, except where the effect on flood heights is fully offset by stream improvements. - Any existing nonconforming uses or structures in the- designated tly .f floodway shall not beexp4inded.,iut maybe modified, altered, repaired, or reconstructed, subject to' regulations. pertaining •'. to nonconforming uses, to incorporate-floodproofing ,measur=s, . provided"such-measures or such modification, .alteration; 'rer-air,.= or reconstruction do not raise--the level of the-_100: year flood at --- any point. _ - _ r - - - -- '', -,. _. - •-- -. -_ t _ tilt s-ir 7, 20--67 General Stipulations 1 . A subdivision, Filed with the Planr,ir.g Board under Chapter 41 of the General Laws of 14assachusetts�shall meet:-the Rules and Regulations of the Planning Board as they apply to Flood Plain management. The subdivision as approved by the Plannir7 Board may be considered a _ single application when submitted :moo the Board of Appeals under this ordinance. (The action of the Planning Eoard shall in no way limit the Board:of.'Appeals in their decision and setting of. conditions.) 2.Nothing contained in' this ordinance shall limit the'authorit3r f the. 'ward 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. ; 3.A building permit issued by the Building Inspector before the effective date of this ordinance shall be deemed to be a permit ; hereunder. 4.Any plans or applications sumitted to any Board, Agent, or Authority of the Town which concerns land within the Flood Plain shall be noted: "This proposal is for land x:ach lies in the Flood- Plain- and meets the requirements-of the Flood Plain Ordinance.' 5. No new construction, alteration, or extension of structures for human occupancy as permitted under Section 20-66 shall be allowed beyond the ° r. foundation stage, until the elevation of the lowest floor (including basement) has been !'dh`:kea and certified Ln writing to the Euilding :..� Inspector as beino'the elevation as stated on the approved plans or higher. All final-grades or any change in topography shall be chinned . and certified in writing as being according to the approved plans. Ir_spec- Lion and certification shall be made by a registered•professional engineer land surveyor. All costs incurred under thin section'-shall be -borne by the applicant, 8 20-68 PER.FLFrKANCE GUARAITEE The completion of all earth work not bonded or covenanted under Chapter 1,1 of the General Laws of Massachusetts shall be guaranteed with the Tcwn of Agawam by securities or bond as required by the Town prior to commoencement of any earth work. 20-69 SEVEIBIL.ITY .. ± r'. . 7 ARTY The invalidity of any.section-or provision of this Ordinance Ishall no invalidate any other section or provision hereof. TOWN OF AGAWAM Z 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 1 �0,�oR Tel. 413-786-0400 g r, '� June 6, 1974 "Ito/ l Mr. Ord Caba Comncll Clerk Agawam, Haste. T Re:. P3ood Plain Ordinance Dear Mr. Caba: In- compliance with the extension of time granted by the Council in memorandum dated April 19, 1974, the Planning Board herewith submits their final reco=endation for an Ordinance to control development of the flood plain: -truly yours, AGAWAM PLANKING BOARD 4 w (e' G11 , cc Mr. West-zaa add to r D-FiNITNUNS Flood - a temporary rise in stream flog that results in water topping its banks and int-aida;,ing areas adjacent to the = - c iann4l or flood plain. _ Ficod Plain - the lard adjacent to a body of water which has been - �- - or may be hereafter covered by flood water. Floes -- the channel of .a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the..flood water or flood flows of any river. or.. _... .._. Y. _. :' stream. Flood Fringe - the area of the flood plain outside of the floodway where water may stand briefly at the height of a.flood, but _ 7-does not *rove with si&nificant current. __.._ - .---- . -_. . ~ _ M. Ordinary Hijzh Water Mark -- the highest point on the bank.of a flood ay o-. or flood plain at which the water level has been for a .auffi .••' .:-::�=;_act..:. ' cient period of time to leave a.definite marls. Stcralze Capacity of a flood Plain '- the volme- of space above;an area of rLood plain land that can he occupied by .flood water.,of a given stage at a given time, regardless of whether the water i (Note: The numbering of the sections is assL-ned for purposes of study. The actual nuncering will be accomplished by Town Counsel upon action by the Council,) PFDPOSED AICE 10.MENT to the Zoning Ordinances of the Town of Agawam To Provide For Regulation of the Flood Plain 2042 J The Flood Plain Zone and the regulations herein ;have ••been established ' . he fo Uow ing purpose ss To protect and preserve the water courses and their adjoinina' .flood- i, Ito 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 j the public from the burden of extraordinary financial expenditures for flood control and relief; to protect the capacity of flood plain;. Ito absorb, tiansmit and store run-offs td assure retention of sufficient floodway area to convey flows which can reasonablyib,9 expected to occur. 20-63 I,C1Cl.-L 0F r 1COD PLAIN All- _=-d_ delineated on map entitled "Town of Agawam Mass. F .:.I-.' A. Flood ' and Flood Hazard Boundary Map" designated by HEIR, shall be wed i_r, the Flood Plain Zone. These areas are described in general te=s as that lar4 jadjacent to the Westfield arA Connecticut ?fivers which lie at or below the level of the elevation of" the IGO year flood -as �. The flood plain zone shall be considered determined by the Federal Insurance Administrator,/to be superimposed over the other zones shown on the zonina reap, as a recognition of the } special hazards which e)dst in such: areas. . 20--64 PF,RNIT?'E7 USES -.--•---•----__ .. .. _- - --- -- - - _. --••.". .. -. .-: .- : -. - , ' ,�}, - - - _- 46 2 the following uses of land shall.be oer-mitted; 1 . Conservation of water, plants and wild life. 2. Legally permitted outdoor recreation not reruiring develop- ment or landscape alteration in conflict with .the purpose of - �, _ -'f'- T•_. m.� -ry r5 ......:Y .r--c.. -.,C__..._.- �L-....1�.•• ~. Y -'�I. .".t.-r ....: + �rl .x '.Y i'S..1-r"R -�-�,�-�'n- ..4:» t .a -J.'»++.i-�."' + '�:....y.'.i"' � Y'•.,.yew... .�'..r.�.-...i«...Y'�--`..ti". �..i�.'....+-�.�t_-..��--"W�'�.'iJ.'� �. ., '. . -�.T'. '�...t's''•^r�`^'r:. �—"_j. ���....�.. N.,r"t`^'^'.�.-.xrf '.=T"rr,,,S. -...�P �.:..,-wN�.mac".�- _ 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 pezmits for alterations 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. b. The following uses if determined to be consistent- with the nur- poses of this zone, said determination to 'be made bar the Poard of Appeals following petition of the Land owner or owners: _ a. -Developed recreation facilities. b. Utility lines and facilities. c. Dasas and other water control facilities if in an author-' ized 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, or large structures if constructed as to not. obstruct natural hydrological features. ' e. In the flood fringe the develotment of structures for - 'residence' use �orl,7 if the lowaS4- floor Uncluding basement) is elevated to or above the level of the 100 year flood, the structures 'for non-residence use shall have the . v l *est_Haar. in ;-.- 1?ase�snt_eTevatioz:.to or-, ave;the: 'the•tG0`fir. -f ar "ortfie. sirscture'together• Nith. - the attending utility and sanitary facilitie3 i s flood- proofed up to the level of Vne-100 year_ flood. - _ _ -urn_ .k. `' e�—z• �; >'•-- !- 'J _..---.! - —�• _::=.:::.__•.•_�.._.. _— _.z '- - -. - -"^' !' 4=�:�`�^ .'•r-r=�.. �� ..-= i_ :'` � -=" r ,.s�j- :sec - .,.ao-..�'.-•c:__. 4-. .�- .+v1f^ Tr. -those•:Fartiofi:j of -Ij�-'E�+rr c`s` ►ci ice:in S�ct .o�: -b - �� Flood Plain, the foLZc�►iag'uses_oi' land• stall be prohibitet}:r. 1. Erection, construction or ci her.creation. or installation of 4. any building, da - m or other. structure. .2. The storage of bouyant., fle���.�, explosive or toxic materials.— The addition,. removal, or,tansfer of such_ouantities ro£,ra3ter­ - ial, including trees, shrubs, and pr•ovnd cover, that'' would re- Y duce the water storage capacity of the flood plain, obstruct the flog,+ of flood waters in a ficodway, or other:vise_adversely affect " - the natural hydrology of the area. 4.` The d .ggi.mg or drllinz: of a »s?I_irtended as a_saurce: of.dog y- ester.:watexr;.- - .'- e �i r► tai?atiorr of, septic tank or. .lea chiagfies; 20--65 CARD Of A:F kIS - SPF'CIAL PF'r�1IT3 1 . r= a~y lard in the r loed Plain District is -found by the Board o' r_pea?s­ nof in fact to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions , and if the proposed action is consistent with the purpose of this By- law, the Board of Appeals u.ay grant, after a public hearing with due notice, a special permit for the use of such land and for the construction and erection of a building or structure for anp pur-- T pose permitted in-the urderlyia�g district subject to reasonable conditions and sg-.eguards. 2. The application for a special, pe mit shall include a plan pre- - t pared and certified by a registered professional engineer or a land surveyor registered ir- the Cc=onvealth of Massachusetts This pin wi ll show 'All prop seed ark existing buildings; srtictures : - roads, ways, arainage,facil..ities, and .Landscape features (including ' wetlands, trees, and the like) and other engineering and hydrological data the Board finds necessary. Tile plan will show all existing and . proposed finished ground contours at 2 foot intervals. ' + _ _ 3. . The application for an. exception shall also include an. environ- mental impact statement prepared by an environmentally rualified registered professional engineer. This statement will describe the impact upon the' physical environment of the proposed use., �. The Board of Appeals may waive the reouirements of paragraph 3 if ' '. it determines that the probable impact upon the physical environs -•- - . rent vf-_the-proved use is to"be., ei:iima],.. and" that.' _ 2envirormental impact statement is not neces- sary to its consideration of the application. : 3. The applicant shall provide the Board with anoriginal' anti 7 =* copies of the request and of any plan ar:d/or envirormental i=.act statement required tinder paragraphs 2, 3 above. The Board of Appeals will promptly for�rard one -copy of each to the Building 1' specto- , planning Board, Board of Health, and Conner- vation Commission. These agencies may file written recommendations with the Board of Appeals within 30 days. The Board of Appeals shall not grant approval. of an anplication for an exception 5' until these reccimerdations have been received or until expir- ation of the said 30 day period. The Board of Appeals may issue a. pernit under this Section if it finds } that: The proposed use of the pramises 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 .• of the occupants and the public necessary to protect health and safety/or provide proper flood con- trol or protection, or it may deny the application. The burden of shoring that the proposed development will not endanger health and safety and that it will be an appropriate use of Land shall rest upon the developer, who shall provide such additional englneering and hydrological data as the Ecard of Appeals deems necessary.' The Board shall, as a condition of arprolra, re-vire that. offactivo* notirr. be given to prospective purchasers or existing lardowners or by signs notation on plans and permits or otherwise, of past flooding of said premises, and the steps urdertaken by the petitioner or his successor in title to alleviate the effects of the same. Without limiting the generality of the foregoing, the Poard shall insure: w 1. That new construction or substantial improvements of residential. . structla es within the flood plain zone will have the lowest floor (inciting basement elevated to or above the level of the 100 year flood. 2. That new const--action or substantial improvements of non-residential structures intended for hu-nan occupancy or employment, excluding open-walled shelters for temporary use by outdoor recreati.onists, within the flood plain zone will hale the lowest floor (including base=ment) elevated to or abcve the level. of the 100 ,year flood or, together with attendant. ut-i-lity and sanitary facilities, be flood- s ' f proofed up to the level of the 100 year flood. 3. That new or 'replacement ,;ater supply systems and/or-sanitary • - - 4 sewerage systems to be located in the flood Plain zone shall _ be designed to mi.nimlze or,eliminate- i.nfiltration of `flood waters -into-the systems and discharges from the systems - flood waters, and on-site waste disposal systems'shall 'be located so as to avoid impairment of them or contamination frcan = them during flooding. - .-• 1.. That no use or structure shall be located in the designated ' # , floodway which would raise the level of the 100 year flood snort than 1 foot at any point. ' No fill or encroachments within the designated floodway shall be rorrsitted that would isagair its ability to carry and die- charge the waters resulting from ti:e 100 year flood, except where the effect on' flocd heights is fully offset by Stream _ improvements. ; Any e.—dsting nonconforming •uses or structures in the designated flaoday shall not be expaadcd. but may be modified, altered, i• e - , or reconstructed, subject to regulations te rtaianing to n or_confoming 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. 3. A subdivision, filed with the Planning Board -under- Chapter 41 of the General Jaws of Massachusetts shall meet the Bulls and Regu- , Iations of the >Z:ard .as they apply to Flood Plain management. ; Tha subdivision as aopraved by the Planning Board may to consid-- ` ( ered a single application when submitted to the Roam of Appeals r under this Ordinance. ' (The action of the Planning Board shall in no way limit the Board of Appeals in their decision and setting of conditions.) b. Nothing contained in this section shall limit the authority of the Board of Fealth with respect to premises in the Flood Plain zone or affect the applicability of the building code to anyWill 10 building in the- Flaad=P3ain zone!. _ • y _ _ : -�;; _� �. A building permit issued by the Building Inspector before the j ; effective date of this section shall be deem d to be a_permit = hereunder.: - No new construction, alteration, cr extension of structures for hunan occupancy as .permitted pnder Section 23-65 shall be allowed beyond the- :t foundation stage, until the elevation of lowest float (including base— ment) has been checked and certified in whiting, to the Building. Inspector, as being the elevation as stated on the approved plans or' higher. All ` final grades or any change in top,ogriphg 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 incurz uzader;this section shall be0orne bg�' • _ the applicant; •1 -Y - •^ �23 . L�`:••y�. 20-67 ? T=={ iaUE C� f Cs�v — We campletica of all earth work not bonded or covenanted Ender Chapter 4 ' of the General I= of Wasachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the Town prior to commencement . of any earth work. 20-58 ' SE*1iR IEILI TY -•- -- - - :- - - -•-- - _- -.�-- -- -... .._ .. _ . _ . .�:�.. . The invalidity of an;; section or vrovisioz of this Ordinance shams' not _ i.nvalidatC a_nyother section or prov Sion hereof. i AGAWAM Proposed Zonin Bywyaw Amenine SECTION 16-A, SPRVAL PROVISHAS - FLOOD PLP!NS/WETL&XDS DISTaTCT& (a) PURPOSES. The purposes of the Flood Plains/ Wetlands Districts are : (1 ) To provide that lands io the Tcwn of Agawmm subject to sssoonal or periodic flooding as dalimitod hereinafter shall not ba usad for residence or other purposes in such a manner as to endanger the health or safety of the occu�ppve,ts tharoof, (2) To propect, preserve, and maintain the water table and mateD rachar, areas within the Town so as to preaerve prasent and potential water supply for the public heaith and safety of the Town of Agawam. (3 ) To assure the ccntinuation of the natural fin-vi pattern of the water courses within the Town of haawam in order to provide adequate and safe floodwater storage capoatty to prctect persons and property against the hazards of flood inundation. (b) DISTRICT DELIMITATION. The Flood Plains/Wetlands Districts are defined as all areas delimited as Flood/Plains Districts cn the Flood Plains/Wetlands Zoning Map, made a part of this By-Law. The Flood Flains/WeVands. Districts shall be considered as ovenlying other zoning districts, Any uses permitted in the portions of the other zoning districts so overlain shall be permitted subject to all the provisions of this section. (c) PERMITTED USES. (1 ) In any Flood Plains/Wetlands District, as indicated on the Flood Plains/1-jetlands Zoning Map, no building or structure shall be oreoted, constructed, altered, enlargod, or moved, and no dumping, filling, or earth transfer or relocation shall be permitted, and no land, building, or structure shall be used or occupied for any purpose except one or more of the following: (a) Conservation of water, plants, and wildlife . (b) Wildlife management areas. Fishing and hunting are permitted there otherwise legally permitted. (c ) Outdoor recreation, including play ajeas, nature study, and boating. Foot, bicycle, and horse paths and bridges are permitted if they do not affect the natural flow pattern of any waterway. (d) Non-commercial signs as permitted io toe. Residence A-1 Districts. (e ) Grazing and farming, including truck gardening and harvesting of crops. (f ) Forestry and Nurseries. (g) Any of the folling uses if a spacial permit, in each case, is obtained from the Board of Appeals: Commercial golf courses. Private rifle clubs. Temporary refreshment stands or stands for the sale of produce grown on the premises. Pony rides, circus fairs, carnivals, and similar events. but not including any permanent structures, and subject to all other applicable Town By-Laws and regulations. (h) Dwellings lawfully existing prior to the adoption of these provisions, but not including any enlarE-ement and/or extension thereof where additional .filling into the flood plains or wetlands aroa is necessary to complete the project. (2) The portion of any lot 'within the aren delimited by Section lb-A (b) above may bQ used to meet the area and yard requirements for the District or Districts in which the remainder of the lot is situated, provided that portion does not exceed twenty-five percent of the minimum lot area. (d) BOA D OF ��1'P'Eal S. In the Flood Plains/Wetlands Districts, the Board of Aj peals may grant a. special permit for any use and/or structure, subject to the following: (1 ) The request has been rofc=ed to the -Planning Board, the Conservation Commission, and the Board of Health, and roported upon favorably by all these boards, or thirty days shall have elapsed following such rof6rral without receipt of such reports. '(2) The land is shown to be neither subjoct to flooding nor unsuitable for the proposed use beeaus© ofhydrological and/or topographic conditions. (3 ) The proposed use will not be dotrimentbl to the public health, safety, and welfare. (4) The proposed use will comply in all respects to the provisions of the underlying District or Districts within which the land is located. ` (5) Any dredging, filling, or earth transfer or relocation shall be expressly limited as a part of any special permit issued under the provisions of this section. E � r