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FLOOD PLAINS - CONSERVATION - PROPOSED FLOOD PLAINS -» Conservation Proposed •� �� + �t+9 1 + 4 ' n t T ti 4 -C r Ij; 4 r • i, i 4 Y_ y t . r j - . r yx';� 903ivir-lor, "on dlnininrr nr r iot, to-at no r--nn' OP l -,na in+ -, 1Ot^c r,itnc+ no r7iW4 '41"- of I _rl qn -,1n11 -• m"nrin" ,.. 4n ysq n,lir" ,n+•an4n4or +'ny� .. a1-'"nrt Por +yn "­n ­ , .r?,•,•!-'n 1Y. -r„n,r+�i ni'^ nr f,li t,•r no nr., 1 r,r V"41 :irr, ., Mon 1..r. ? 11rv,y}.r1�,rj - ) rNit ^•F' Z�Tr On on , !nvtn +1 ,,r,.,7Tr n„h_ r^�Tri r�(]A •rl1 nr n'n Y+rnv17'� n+n -f•{� �1✓+n nnr•f;.,,>.�• . ^r-1 i l nr ^•rfTr rin-m-.11 nrl 1v+orr+nb;1 (-r-d 1 r,r mobil " h n"p - n" -�'rhil ^r nOr,n}1 ;r1n1„r�ivlrr nr1Tr rnrtnbl n ^i-Tr,-1n-I"1r,"�, , ,,11r}.. n'�' nnrtsrnlr-,ytnf� �y, -phi,-1 nl n «+R r'n.,-i �rn..�:, flY� rs rt•n.,a-,.rt�ra*nr7 ^ r!l^F-r,v.n l n-�•. n!1r1s--,r-E•n.� 3 yt .,y�1r nar +11.,,•Y...O,f-' f'{1r r11.rr,l '� ;rt rr nr r-1 •,n M I r1 n• 'r+11r.,,.-- nnrhr-1 SYiZ{ �1j11 r7ly rr ..r11F,-�r,3Tn i �, 1.f'tlk rT„ ^tn,'(I(4 Orr, rll^ rnf17"" 1-,{.�(,n •r*r11^ nl -,�* irn1"AiPm :-nnrr .. r,rl.,1 ; n nr nr;s _tp cr•,rrtwq r,,)tn- Zrnh� r1 n rorlq i,-, qho„ or r)n_frt "Inn,r of -n4 nn ntn+I rn . l?1bri t nr'i>r m ryr 11nnrl fn_n nimi l nr yri- 'rTRnn^ , lrnl.,i nl n Awtr-k'j►irrr i,n no r?Y1. 1•,rb4 n'r1 n -nar^orl ryr + ,4rrr 41, 0" mr,1r hr, /+r+•r*�'+� �rl nr 1r1ST rriryTri rl rT r..,-n rin-n-F' ('„ f!r►n Iginn_,., 'r'n''"' '}'L1n rnr+Trn,rlrl/,,n of '?(�^'f; hnmp{ rr71"r,;r�rr 1"n,.tn Or nnrrlr�l nr'nnrt: 1'r(lm^ , �n n.,+nl't1 •i r.l•1rn.„•1+ {lr t-p nn+m^r+ Of ir+T7�l i (� nr nnrl�rnl hnr,nlyt �1nr^nn^ (1PP ,rrtrppt T]po!rir,rr gnpt-n. ^. rr--o no nnn hl]nrl-Ppd -rnrtzr.._fo11r+ .,n11n"r '�r?T]-I- r}r morn nit'nirl y q r„n'�"-q on 4" •I-Vo no ," rnn 1-br n-oYi rl rr of O notor 7eb i.r•1 p n- pru 1 rnd n1•rnr+H , r^rtrrq nr l rn^.no f+11r11 r1'„+-nno'n-7, ,,•1 r,rjrl _ ° +,mm�rl+"r1r1r r= !;n ir} r!i;rr,ram f1 r1s•r '}:1'1nt; 1'.r`^111 i"n i,1 +rn'�;n," .yr;T11ti..r^' 7.e... �l?n1"^ nrrl r1tT1'1r'.1+•irrc .-,•snr..,n I4nr.nrt 01 nn? rl nir,, 71 nn'l M PO'n r The lard nri-inaynt to n hnoy n•F 1,!ntno r;*'ii r], b. t•,.,n" n"" nr1TMPrPri b- r1 nns "p+ov rlryr'1.!n1rr M11 r+'1,r%nel of n -it-e nm 7T1{l '¢'Iin,`;r nort; (Srn of +,1r 77nnp -174n .nkln'irir- Vic, Cfl!lrlr^1 �'n•,i- h,+F, , ^/117iw.nrl 1 O r,r+rrlr 04 -nu1rrrq tl•1n flood w1ter or flood f, A1.rr, no r1r1r -i lrr,-" nr rl onri typ Mona 011-1 nll i.r 4 Q" no tN', •r^l r1/1 r11.r.1.r 1.rh nrn 1•rn+nr 1^T^,r ^t,r1 TT{� �]"i Pfltr 1i- +l,r, hrni rr1'1'h, n•f' n •Fl C1 f?cl hit;-' rinf` " r n r-n-Tn Z.74 tb ni l-i f T hr. t cl'r-r It (,r,r7;rt.,-,•1r *ri rrh b.i rrlir+r!4- -nr4ri- no +1,- b.,n1► no ., rI nnr11.Fntr C1-r. fl 011 ,1l ;?sir ^t ufr1i rob- tor+ 1•rntn," 1 nTrnl h.,., hr, -n £nr r*110'G`i ni 1rt r)n-n; h1 of ti"q to 1 ,100 n spl4r4 tq m1r1r. "'tnr.n"r r'!nY51r+i-�"Tr o•? r, lilrind pl.nir.r, Tb- volirTt'Io of r.rnn^ .,bnvr, -r1 of f1 nnl Z r,1 fir tor-+ r,nr, br, nrf 1rn-I prl 'h7r •F1 Ond r,r..i-nr of n rr4tr-,r1 -i.vnrt time swgr.r07fl-l; 0:7 1-ToPt',ler' t"n- r'tnTrin-^ . Pitoyart Y^terial o A nateri a.l uh i_ch di sni nnen an Pmourt of wa.tor flnu,nl to A^ t'rf'3_ry•ht; ca.na.ble of fl_Oa.tin7a - 1,'Zr"•P 71 " Subatonti a,l TmnrolrP.rprt, Try t'nr' flood WaO moor; 007 rpnni nj reCo,'+otPuntion, or WnrnVorr+"M of a, ntructo-ei the oont of ':►hifH anu-1 or e7ceed7 twor.ty-five neroen.t of tro Rnpo used value of the Itruotyr.• ei thow (a) before the i_rnrovamart i c sta7'tp , or (b) if t4r ^tr"r""p hoe bPe?'1 rimmn7pe peal in bn j„n rnito-pa, before the damarrp occurrnA F SoMto"ti nT ?_ nrov pert in st?rtesl ,,her, the first al tennti.on of artr otruct"rol_ cart of the bUil_diP.7 cormpnresn „ On, 20-30 7i_074 9: adonti_on of NO1MT lone mom For th.n nvr-one of Wr chanter, the to,•rr ^1nn11. be rlivfded into ten clannes of pint ri_etP "I follows: Rer•,;.d.once fitQ Dj rtri e RoK dense 1-3 li 9trOtc. peni aorne 1--4 Di_stri.cti, Pisi_der.ce P 11_7tri_f O. , . i.cu tZ,rP. Mntr;nts. RUMIreal A Districts, cts, husihnos 7 Districts, indvAri.al. pi rtri.cto Y 7?. p"Stri a.T Octricts 9, The bourd sari ns of ePch A stmi ct are hereby astobl i phP6 ah.0?:►�'! or i;hr+ lhvi_le3l"rn ,:ore rr±;-r] P.rtitl_eS nQW10iP!T 7.nro of /Arrn+.rnm, T:;a^„'Tar'n1� P.tt^s "rr2.wpT Planning 13f1^rd, ScPiP. I jn& vop -1 n AOO fPr,t'' wili cY_ In Weby Aerll PTY to be n rart of this chanter, Srach by hempir.after referred to is the bv;ldir►rr 7orA man, %me 71 a - f,4" -n -Ivinrr not III m1- r-,4 �i "F'+ r fnn 4- f9+{•1l'14 rrn r�rr +(2rr+( nth +nor r'at'nn1 Rf' 1 ?,1 7^n.� .,r. n cr�nn� grit+ F''l l �rm nF.. 1 �n7i ! nrntr� Intl ;1r.tnTTnrn +*r,^} nr,r r+1tr+1� - '1^r11i7fn 'F'i"llinrr -+ratif}1) 'nn.rinrr nyf n1ltnTr�n1�13R rin- -r-rr,j k, -Inn 71 }1Q rro-rrm- nf-,,f h.r n-" r.,tn1, Yrrt+*ri i- r''TPT"' VT . 7/�n171nl-jnr f7£ t1rV n -r-)n"r, . 'in ''1 on'7 'l7 n;T 7Rn'-, r77!'�. t1�n �.nrn71 n+R nrr• r7(1 r�(ai n h^[rn i1r%pr rT .�•nr t;an'+ f'r11 l nta nrr T117'r-n0 r'r,. m,1 r`rn+nn� nvrrl -nrnnnrnrn 4-yid, i n4•" f;{?71rrr%r" r,rri +he% i r r,{j-in-,V,4-err -el nr7r `)- n 7- . a-n P. (+nrin, 11oRr t'h 1 ' r+ 1}r^l tIn F - i'r +,, .vrr mnvinbnI T.Ta1 -rn-op a' f1 n-r*n4-n^4- -Pl nnrl -n7 n371 nr+n,�nnn}r. F'nrlm n nr MnIr }lr, I)-%r +y7r+jr nr.m l nn.Z +ar,n 44,-4 ; r,r + -- l n 117 i^17� ir�'1} S (IlI n-f' 4-1,10 el—rn — il,nrt`yri' n7- 4-110 4 ^ P-nTn t1i 1,11- r-n nF nSt� r^ftnr�iyl^r�TT {'iv�rvTr+�,^1 n--,-r-,.1� i �;tTw+r� �'r1r •�l f',flr7 C`!'f'''��'y"R1 rzn� �"n� -� �,f• i"n nrn+:nri: l'nn �,n1�.,ni+�r r-n 7-.��n •f'l �,nrl nln?T1• -�-r1 ..ti}r.nr1, }-n•"v�r•mi1' "-mm n+n-r -�•r1171..-rl'F'�'• '{'(7 -..,--hlY.r, �•.,,+„r+; nn n+' ^„t'fi n; nr�i-� -t`� nnrl*.rnir nrn-1 +n r,n,~~7r�r �'1 n+.... .,.r,-' nl� I l n,n 7 A it1F+ a 1 Rzf7 ()r mnr nn i 1 •+r7 f7mn,,7r n-r n rrrla�►r,rn T i , '�l nr1A Tr-,.Yv+.avi ns+ n•n A T�1 nC}r7 T4 nnrr� T,1 T11T �"1r�9 T•1 n' 1'�e`1-7°{� R�' 1 In n TZ'� f�Rr' '�1 •��T. i..I?T' 99, 1071 , r• ,f,I 1 -hP iT1(-I.I nf3 II P 1nf} 1 lnin 'nvtnq rnl�n^n t�r�?�r7 •it+� r1P�f+ri�jn(a in rrnrr,rnl tr%y-m^, tllnt; �n9►t +r +Ii ri ,t,c1i f�r1 f1 ^r(I {r01,71^rt;i CZ7 F Tr-,�.n �.�Yl; nl� 1 -i n-P tl,p r,1 1-i nr of t1r' 10() zrr nr -P1 and fit. rlf,+r.m 4^ fNr; 11" 4-hm 7iCr1F+rn1 'i'- -urn-mrn 'r1m4r4 -+rntnr, Thr? -rinnr T11 '�iY' 1jr, ^ni-4 tgr%-r(?rg i;r) 4-11R OtIo rr "Orn., rr. .nj nn fy n rRln;rlrr i^?T1. tar tx 'tI4 *ni+;Rrl of t'HE' -1?1Cf i - h?7gT,(j.^ --+ i n ^t'..{'11 r,r n- .)rr�?^ 7nv�nli$trt� TT4r,-! . 7n }�rnr<r? rnr+; 7R^ of +'nP TOT'm �`n C�Pc.; rxn^tl�n i11 .nn.r-1rr,^?Y7'n 7f1�( ; cti}r nlln. ia•tr*• 17t7nr7 n- 1 -,-nA ^hnlI 11P -nPrM4t;tnfl ' A 1 ^rtn^f?rnrn F i 1r► (1f Pr� •Rl 11rt11 q'nri !yi.I r1 j,f • ,A 9T.nrr-,l l�T r1�+7'^'i [ f?ra m7 �,Onor rr*CrCAR.ti Qr. not rp,0ll$r ir1� �f'lrr l r7*,',tnnt n n l .,�r7 e•r,.,nn n -Fnr-a+:i CZY1 ir1 e (Pn-P1 i r,} a•ri t� iih.i? l71?r17R^C' C)'r 1'�I.i r, ,rir., 64.3 Grazing, forestry and other far►ns or agriculture consistent with the purposes of the zone. 64.4 r3:vellings lawfully existing prior to the adoption of these provisions, however, no building permits for substantial alterations or extensions shall be granted unless a Special Permit is granted by the Board of Appeals. 64.5 Proper operation and maintenance of dams and other water con- trol devices. 64.6 The following uses if determined to be consistent with the pur- poses of this zone, said determination to be made by the Board of Appeals following petition of the Landowner or owners; a. Developed recreation facilities. b. Utility lines and facilities. c. Dams and other water control facilitie, 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 con- trol, 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 development of structures for residence use only if the lowest floor (in- cluding basement) is elevated to or above the level of the 100 year flood, the structures for non -residence use shall have the lowest floor including basement elevation to or above the level of the 100 year flood or the structure to- gether with the attending utility and sanitary fa- cilities is flood-proofed up to the level of the 100 year flood. 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: 65.1 Erection, construction or other creation or installation of any building, dam or other structure. 65.2 The bulk storage of bouyant, flammable, explosive or toxic materials. 65.3 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 other- wise adversely affect the natural hydrology of the area. Page 100. 65.4 The digging or drilling of a well intended as a source of domestic water. 65.5 The installation of septic tank or leaching fields. Sec. 20-66 Board of Appeals - Special Permits 66.1 If any land in the Flood Plain District is found by the Board 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 thie By- law, the Board of Appeals may 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 any purpose permitted in the underlying district subject to reasonable conditions and safeguards. 66.2 The application for a special permit shall include a plan pre- pared and certified by a professional engineer or land sur- veyor , registered in the commonwealth of Massacn,etts. This plan will show all proposed and existing buildings, structures, roads, ways drainage facilities, and landscape features (in- cluding 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 two foot intervals. 66.3 The application for a Special permit shall also include an en- vironmental impact statement prepared' by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the pro- posed use. 66.4 The Board of Appeals may waive the requirements of paragraph .3 if it determines that the probable impact upon the physical en- vironment of the proposed use is to be minimal and that envi- ronmental impact statement is not necessary to its considera- tion of the application. 66.5 The applicant shall provide the Board with an original and seven copies of the request and of any plan and/or environ- mental 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 Spe coal Permit until these recommendations have been received or until expiration of the said thirty day period. Page 101 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 safe- ty and that it will be an appropriate use of the land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall , as a condition of approval, require that effective notice be given to prospective purchasers or existing land- owners 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. 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) ele- vated to or above the level of the 100 year flood. b. That new construction or substantial improvements of non-residential structures intended for human occupan- cy or employment, excluding open-walled shelters for temporary use by outdoor recreationists, within the flood plain zone will have the lowest floor (includ- ing basement) elevated to or above the level of the 100 year flood or, together with attendant utility and sanitary faci lit ies, be flood-proofed up to the level of the 100 year flood. c. 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-site waste disposal systems shall be located so as to avoid impairment of them or contamination from them during .flooding. d. 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 fill or encroachments within the designated floodway shall be permitted that would impair its ability to carry and discharge the waters result- ing from the 100 year flood, except where the ef- fect on flood heights is fully offset by stream improvements. Page 102 Sec. 20-67 General Stipulations 67.1 A subdivision, filed with the Planning Board under Chapter 41 of the General Laws of Massachusetts, shall meet the Rules and Regulations of the Planning Board as they apply to Flood Plain management. The subdivision as approved by the Planning 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 decision and setting of conditions. ) 67.2 Nothing 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. 67.3 A building permit issued by the Building Inspector before the effective date of this ordinance shall be deemed to be a per- mit hereunder. 67.4 Any plans or applications submitted to any Board, Agent, or Authority 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 requirements of the Flood Plain Ordinance." 67.5 Any existing nonconforming uses or structures in the desig- nated floodway shall not be substantially expanded but may be modified■ altered, repaired, or reconstructed, subject to regulations pertaining to nonconforming uses, to incorporate floodproofing measures, provided such measures or such modi- fication, alteration, repair, or reconstruction do not raise the level of the 100 year flood at any point. 67.6 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 made by a registered professional engineer or land surveyor. All costs incurred under this section shall be borne by the applicant. Page 103 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 of 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 sec- tion or provision hereof. ARTICLE XII . Regulation of Suns Sec. 20-70 Purposes This Ordinance is adopted for the reasonable regulation and restriction of signs and advertising devices within this Town in order to preserve and enhance the visual environment of the Town and the safety, con- venience, and welfare of .its residents. A major purpose of this Ordinance is to prevent or minimize damage to the environment. Sec. 20-71 Authority and Interpretation ' This Ordinance is adopted as a zoning ordinance pursuant to Chapter 40A of the Mass. General Laws. This Ordinance is also separately adopted as a general Ordinance pursuant to Amendments 50 and 89 of the Constitution of the Commonwealth and Chapters 93, 93D, 40 and 43B of the General Laws of Massachusetts and any and all other applicable enabling authority. This Ordinance is hereby declared to be remedial and pro- tective, and is to be so construed and interpreted as to secure the bene- ficial interest and purposes thereof to the Town of Agawam. In the event of conflict between this Ordinance and other Ordinances of the Town, the intent and provisions of this Ordinance shall prevail. Sec. 20-72 Definitions: Sign. Any device, surface or framework on which words, symbols or other designs are inscribed or displayed and designed to call attention thereto, including billboard, kiosk, placard, painting, drawing, letter, banner, pennant, insignia, and trade flag which is on a public way or on private property within public view of a public way , public park or reser- vation. Accessory Sign. Any sign that advertises, or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon or the products sold thereon. Page 104. Real Estate Sign. A sign advertising the sale or rental of only the premises on which it is located, and bearing the name, address , and/or telephone number of the agent through which such sa1P or rental may be accomplished. Such sign shall include no other advertising material., and shall not be illuminated. Window Sign. A sign painted or placed on the inside of the glass of a window or displayed behind a window so as to attract attention from the outside. A sign shall be deemed a window sign if it is within the display or show case area of the window, or within six feet of the in- side surface of a window through which it is intended to be viewed. standing Sign. A sign standing or hanging free on its own support; such support may be attached to a building or fixed in or to the ground. Standing signs may have two faces or sides, showing in opposite directions. Wall .Sign. ' A sign fastened or affixed parallel to a wall of a build- ing and not more than b" therefrom. Overhanging Sign. A sign, banner or other advertising device which hangs or extends over a public way; sidewalk or way in which the public has a right of access. Wall signs shall not be included in this definition. Area. a) As appropriate to the context, the word "area.4" shall re- fer to the size in square feet, not including frames, borders, or any in- termediate removable surface between a sign and a wall to which it may be affixed, however, the dimensions of any such frames, borders, etc. , shall not be such as to result in over-all total areas (including such frames, borders, etc. ) exceeding by more than 20% of the sign face areas author- ized by this section. h) Area of the face. The area of the face of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions, but shall not include any frame around the sign an4 any supporting structure or bracing. c) The area of a sign consisting of individual letters or sym- bols attached to or painted on a surface, building, wall or window, shall be considered to be that of the smallest quadrangle or triangle which en- compasses all the letters and symbols. d) The area of a sign consisting of a three-dimensional ob- ject shall be considered to be the area of the largest vertical cross- section of that object. e) In computing the area of the Signs , both sides of V- shaped signs , but only one side of back-to-back signs shall be counted. Billboard. Any non-accessory sign greater in face area than forty (40) square feet. Outdoor Advertising Board. The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. Person. Shall include an individual, corporation, society, associa- tion, partnership, trust, or other entity, public or private. Page 105. Temporary Sign. Any sign, including its supporting structure, in- tended to be maintained for a continuous period of not more than 60 days in any calendar year. Residence Districts. Residence Districts shall be those areas in- cluded in the zones Residence A--1, A-2, A-3, and A-4, Residence B as de- fined by the zoning ordinances of the Town. Section 20--73 Administration and Enforcement a) Enforcement. The building inspector is hereby designated as the Sign Officer and is hereby authorized to enforce this Ordinance. The Sign Officer shall keep a current list of permitted signs as a public record. Annually, prior to April 15th, the Sign Officer shall submit to Outdoor Advertising Board a list of any signs which do not meat the spec- ifications of this Ordinance together with a notation as to wherein each sign does not comply. A copy of this list shall be available to any officer or Board of the Town and to any citizen upon request. The Sign Officer is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous, or in disrepair or which is erected or maintained contrary to this Ordinance. Whenever a Sign Officer is designated, he shall send his name and address to the M`duor Advertising Board. b) Permits and Fees. Except as provided in Section 20-75A and Section 20-77 no sign shall be erected, altered or affixed to any building or placed on any premises until a permit has been issued by the Sign Officer. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of this Ordinance. An appli- cation for a sign permit under this section shall include an accurate sketch or a photograph showing the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, and such plans drawings, and speci- fications as the Sign Officer may require for the striucture. A schedule of fees for such permits shall be determined from time to time by the Council. Each sign authorized by permit shall have a permit number dis- played on the face side of the frame or structure in such position as to be easily read. c) Whoever violates any provision of this Ordinance or any law- ful order of the Sign Officer shall be subject to a fine of $50.00 per offense. Each day that such violation continues shall constitute a sepa- rate offense. Section 20-74 General Specifications a ) Color. The color concept of the sign shall be such that it does not violate the purpose of this Ordinance. No sign shall contain red or green lights if such colors would in the opinion of the Sian Officer constitute a driving hazard. No fluorescent color& or ma.tezi.als shall be used. Page 106. b) f,ir­ c1liM cfy.-'^ aLY ic. or oacitltiqq Vqb - oz- vi,_ Ibln 0'. lilove'-001-2 SUCII po�r'flna'_; O' ps C(,-I.-,. '707 'cnagons, to .lio­j,_ ittl;2 1 d-'rect4o f 11 00'U - I- , :L"% '_'_rgn V" _:O' t I .�'Cj and t!h� Ilk-, s*oall 'Lin d�.-kiLad to be in(71ndod i': this prohlbi­ t3ov , ...!Ilich Or" '. ",I­o z'P7)ly to tiinclovi Gigns as defl.,nd heyeir. C a-4nr'. Except as provided in r,c--tion ?C­ ':�A! o,�' -11, r)rdini:'n_O, one for ba ;Ai,_--,� may b­ "I"JU.- ii- inatod subject to f',he- following spncif?'.catiorr- vilthout tim,-? Nu ot'-_?7 !-ign ;:4 a.' b--:, il.1tmd;nat(-d lmnlcss' in the ca"-'(�-. C:_' an ac-, -trTrs. tilt-, P-.:S7-isns or r�jhicb it C)- loratsd aro 'Ozei for 1 7_01:7 lip lie-in be fol i Ey -c, ,toady , f:t y%atina!:y li�,Iot of a a .­:H %_ rc,z-,cnablc ?tensity 5hieltlae, o:� occrn?ed byzild;-a avid dircctcd solo]. -it 'lie reign. 2. By -4-n-Cerior non-exposed lights of reaso7n.. ;ible ;-tensity; or 3. By exposed gascous tubes. d) aneroy shortages. in the evc-iit of aii e er35 5ho7tagn-, tb^ Comcil i, ar.thnri;Pf-,-" in its discTntior and a public Acarlug, 20 orde- tlr .t all !iicrrs in the Town conGumine clectric, gaspoi-I or forl--iB of ceasn ,-,uch cornuription in whole or in paxt during such hours c,nd fo-z a!3 tho Couvicil may dnsigpate. Nonco-n:FO--.:I'IaVq(­_ with Col-Icil bc, suffi"ent evidence for the Sign officer to revok^ VIQ cti'rilr*'*rrr. x%c r-upporting strvctuy-o ,,hall -be ri%"­nt(; of spor-ifiod by the Sign Officer. '::Iv- h- 'zlfCj2 a! -.'^rossary to supper the �Agn i:nd s:*'lall be a u ay tll-I' the b�-:r-n-21 secondary to the itself ai-cl Ao,' A I in it` ;elf P.6di'�io-ial advertisirr A r ly color appl`rd tn ture L;ha:�! meet `i !ir_rpn,,,s n-r ekhi!i Ordinance. f(71 tin Pl�nnmcnt of Sir�rs. S;.grs nllot-i-O T-,V zi-qh^ -.!ILViont 7 'A ,'-:-­ rtp'C 'i irA-nd uAider Sectiwl "-%irj Orcl".1"aylt"O, j" than 101 to any pYCP-,2-. ' . . 0. A n this d-Zien-jion may be prr.-a14---A by the Board of Appcalo Only Upoi4 oVA-Vicc- of h rds'Ailp bas(tml an land �-:­rv-rttrYe and traffic condit`urs. wo ­dpris to'.orn­ ,-y or those errcl.cd by Cie Ye— , 4" O.0 o,: for n--2e::g?ncy safety ^Ihnll be pt.--r-L.1itta'd t7ithin Signn allowed by permit of the Sitr r%,fficer shall can?.n-';n !;tip, ulaV.uir; ccn xn co �'Lnq placemnnt based upon speed of VTavol and sight disui:­c of t.?,e adjacent vjAy,.;,, :-u-i,ib-cr and JOCQtio.71 of siqTJS aYLTCady �,_.id `:he cancopt of -:hr sign in relation to 131c, r- 13zpos:- of thi-, Fage 107. Sec. 20-75A R esidcnce Districts In ary area sor:cd as a residence district, the following are authorized by right without a permit. 1 . CJ.ne sign displayi-g the street nunber and/or name of the oc.. cupan2 of the premises not exceeding one square foot in area. Such sigh nay include identification of an accessory professional office or other accessory uses permitted in a residence di-;trict. Of the signs allowed under Section 20-75A-1, A--A, A-5 and A-8 of this ordinance, the total num- ber of signs per lot shall not excecd two. 2. Sign, pertaining to the lease, sale or use of a lot or buildings provided that such signs do not exceed a total area of sic square feet. Such signs shall be removed forthwith upon sale or rental of th^ pre- mises advertised. 3. (Inc brlletin or annovnc^iiient board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue, or ediicational institution is located or a goverrnental authority, Such sign shall riot a-neeed 20 square feet in area , provided that there shall be no more than three signs for each church or synagogue or institutional building complesc. A. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complioa with all the requirements of Section 20-74 and this section. 5. signs offering accomodations for guests, not to exceed one !�qua7o foot in area. 6. Signs prohib4 tina trespass, hr-v+ :4 ng, and tho like, and signs warning of danger, such as "High Voltage" not to exceed one square fool: in area. 7. StrPet name signs and signs erected by the Torso, County, or state, for the direction and control of traffic. 8. window signs. nor residential roves and their accessory uses, windot. :;inns as defined provided that the aggregate rlr a of such signs shall not cu ecd one squarc foot. All such signs shall be included in the total number allowed under (1) of this section. For permitted retail establish- ments is all districts including agricultural, business and industrial %ones, window signs as defined provided that the aggregate area of such signs does not our eod thirty-thrn—a percent of the area of the Window glass and pro- vidnd that the aggregate area of such sign, shr.11 be included in the total area allowed under Section. 20a75a.2 subsection (c ) of this ordinance. 9. A sign on or adjacent to the entry of a multiple occupancy building listing the nacres and/or occupations of the occupants or establish- rsent5 the e'. , orova.de3 that the size of such sign shall not exceed one squarc foot for each occupant or establishment . rage 108. 7.0. 'ji.rin-, designit-'Ing historical plar_es or pcints of interest, erected by a governmental authority or. by I eul_y r_haTtervfi histnr *tca! cia iun oa: the not to exceed six square feet in am i. J. !�ignf; ?.ndicating "En•trance.", "rx=.t".,T';�c�r�ci'iL]", or the like, erected on a premist—, for the direction of persons or vehicles, not to ex- ceed two squ,bre feet in area and provided )nothing shall he erected or. M" i.n ta.:Ined be tween a pain!; two and one half foot above tie grade nd a cur�n t feet above the grade. se(: . 20-7513 nusinte4s and Industrial _Distrig 751,A ta'ith.in these zones, in addition to the general purposes of this; or6inance the folluwinq objectives are intended by this regulation: a', pro make !;ignago. , both i.dent_i.ficatior. and commu- nir;7ti-on signs an _rtef1ral part of the architec- tural concept of the building. bJ To allow standing signs where building placo-- mr:nt, land structure and traffic situatiorro. ..... t.peed and sight distances- do not allow ad- etivatr view of the attached (tvaYl) signs. r. ) To rrrcourage tempor,7,:y cignn =.nd so-called third pasty signs to be placed in windows or att7c:hed to the bu 7.0ing wherein the itnos or servicoE are d) 'fo encourage high quality and pro-fessionalism of of standing signs and other signage within these districts ns a factor for ide,atifying thf, *rownls business and 'industry with quality and concern for the residential nature of the Town and its concern with the natural environment. t_-) To allow the necessary safety and traffic signs to be readily seen. f j j'o clean intersections of all other than necessary safety and traffic control devices and dir.ectionitl igns. 75T4 P In an area zoned as a bu5iries=; or industrial district, Signs arc^ authur.i.z4=fl by right w.ithnut permit as listed in Section 20--75A above. III ad.. i3 a 012, ear'h pl.3r:s- of hu!' -ness may be i.ssund a permit for a sign or signs RS foll.ow�; : a } w..11 signs not to e..cced 10 of the area of the at4e rf the building are porm._tted and shall be computed within the maximum area permitte:el under this, section 20-75g.2 (c ). "age 10^. -iav b�� p�*-c '2a by ALho 'Joaj�'rl a Spccial pcwnilt ' to condition i- I OY u U h r gn 0" t;igr. r-(Ij i 4. -7 2M. 2. 'L '!- Sr)-= 12-nit for a stvnCiivag f-,icr shall hn �O: iiren years and is rn.- o-Tna yc, --'i P, - " 0 , v 6-- 4. ap - "laT k CCCtiOr 20 --n6 pv�-'pofjc.: 0�' 1'*"1--; 5 arld Obj-'-ctivm' of iL. gravitod, ti,(- 7oazd the si"'e"' '1".6 locn- r' 9'.-f?d -;-10'se nuch oth-�z and I I --hal) 'so pra-'101'c- !-.hc of thiz; a-r-d P%-OVif 11w jim.1h egnscd 101D :-,qu.azc fs2t in area o-r 10 tcl�' trio .In I. for eacrk G7-1-' P ) foat of lorixon.- rnzo of Th2 fron?. kjr 17 of the' irrnt; a-d ii". s ail ',00f's, avyitiv'gs' and projccticns -,ot pnri- ;ttcd- s-;cjni rtic;mT --c'6 Upon or Pt l:T ol or '-0,70rs, abovc thc roof )-h a of t*i:2 L.,cludcr-1 ;-- 41lin ion. dis'L.--icts A `07 0-!" 'r3()'Z- ':0 abut a cti.a- "n '-r-t prnp7n: -y co ':hc --arc --jam-1, prov,.6-r Ia- 20-76 of; Cn7!�'c".-m to -.cc Ois o-rdinavice. hip, LIc L'' 76 lta - Cob-ov iaizr-n of Any it the ti!-- tho c: L ul' Alvuis, c-dN- rc-, Av'z i v;cl�tc,o C" not ccnforn to th-n, r-c *El-'r of 7CPiliYeel Or .,a Of v0i c t- -L- f-yf rl inancc: r3j:o'kr1C11-?6 J71 :�`,t.pect to ary !'j?.j.1 a) S'Zal l nave been abandoned; a; Adv^rtisnc or calls attention to any products, busina ,eo or activities which a3-e iio forger sold or carried on, whethor generally or at tho part__ rv.la�r premises, or r.; Shall ao a have- bees repaired or properly na in �:nined vi.tbi.r thirty days after. Notice to that effe :S hay, hoer given by the S .gn Officer. 5c:c. 20­77 Additional Specifir_Yition.,, for Mon-Acressoryr S igx�s a) '�he c.�c-ction or continued m.aY.ntensnce of private r1n;!•-•acc0U0,0;y r,i.ons i5 rot po mitted provided i..�^f. ;iac b l.aufilly erected pr-'.or to that date of a,dopTion of this Ordinance S.ray be main ' wined until fives years from the effective date tb i:i 0r: 1 n ,,'�L.0. u) The sus*,pis Cour_cil may authorize the erection of io:z sr_z �t, ury signs, hicsks, or dircctorie-, on public proporty by the Toro for directional pur- poses. >wollot ing a public the Coun._-il shall tipulate ;pr)wifications and fees for use of each ?tioolc or each directory. ;lgr:3. No overhanging ,ions shall h3 pnxmi tt::ri unlc�;s part of a r_anV lcvcr of A j:;riiicipal b,!ildii?f�; howev2r, this provision ,ii7�.� rot apply to _it»C?t S17ii1.^. `_,1g315 nor to c igaG or c:�vices crec ted by the ', krn, County ^,:, f7o',7e ioii,:;salth for tho direction and control Of traffic. ll) �Jg'cs on trees, etc. Exccept fof sic+n ; warming of da.srlc�.. or prohibit.i:og f.re,pass or the like, signs paxnvLd c-,, nr ,'r. fii:o to any tY-'r. , utility pole VICIC or 1?rin-+, orr other living n,teri.al are ��pce .c,ly prohibited. c) 1311 .1boardt, -r, defined herein. n ) A,-i,vatc? signs on Tc. -:n properly, unless a perinit fo: < vch a sign is atsthari%2d by the Torm Coc+.ncil. ,No suc;i authorization shall be given until after a duly advertised public hearing; any such �4igns .-I,a'.1 can-FOrm in all c(-spssctG to all other pro- v'-Liezz- of this ordira-rCc, Permits for such may be revo'.cc:d at any tip by the Town CQUV Cif. c) Signs painted directly on the exterior surface of buil_dii?g. Page 111. a ) '.'ewporacy signs -a-uply oydin-- <"�Mc b permitted rnfor` a tcnpoi:ary (other than a teu?, orazy 3inn a:ra ied a a window sign or political sig,i±) -hall. be .?r3ctcd, there shall be dnpo;i t-ctl uri;-h the, Sign Off'cer the sum of $25 in cash for each Gign. The depos"t ac reftendf-cl only up- on the removal of the ,;gn uit'Aiin the time specAficdin the permit. Temporary sign L:i]ich do not comply with this Crdiizancc may ae authorized by the Sign Officer for public or non--Profit pity;a-,(rb, w L;iont daposi t. 13) Political signs may bo only on pri- vatr' propnl-ty and t1i`r.h the landowner's per- Iti�'�xi3"o Roli-ical nigns Shall F:.ot exceed G squaie feed: in area, »ay be eaeeted 15 says to a pT:nary election and T�aair- tained, 1i: good ca_Zditina, coi;2inuott{;!y un•- "ail A8 hnt.tr3 ufi4r thn close of polls of the f iixai clec_io-a. Ca.tdi chat^ ; eliminated in the ohall have their rn.. L'_ovcd .. filY vt AB hoiir,3 a f t2r th2 close of thn _3r,lls n . tine Z:7it•��t-Y e1cr.`( — 'M such sign; ,-hnl1 be re'--loved withir :he 48 'lour., 1-1--it as a responsibility of the property owner. A chall�,gn to the official cu:,:.t s'r_al°_ not rognte this provision. A fire not to exceed $50 may be invied on the property owner for failure ;;o cc.:-Oply tli.th this section, Croctcd pzior To the cn i CCtiv"? ci.atr of this 0rti;,TlaiZCC- Or '__t3t !-�sn I �7�3`J��i3' a �3vR ::i t i i rC gT-,h.-C:d o� - -!ot , 1i47eall be tims n- «?Ptt?d a :!A.'C •-,inC. -ezx4. t';o'.ldition to the ';atisfrc 4-on of the sign o) ''4.t to C't7•:':C'-r- Of 4`hyy prOVlr7.0 = .:'-::�?:.?l. th??'4y/ r.�lya ftfC(_'t_' irotice tia`'acof :x?;.i1 co.n,-- xitnte of the perizit, 0.)r ov�1 or {L,l^ sicrS if iQ was CcCtC'd prior3'uo i:. 3 -time alien 31?Ch pC.Y . t:lit ..a; requi.zod, oT if it is of a type S`or ri .+1ch no peruit is required. i>',0t:71ti1rf'..s7d1Y!g the foro9oz.;tg provisioi: :: os' this c�Yu,�1t=�I �, e.,R . tu.�':3 ,;p,cial typn5 of activjA'lcs or !,&5 uations ?�' recagni?r,d 'or rohich !:urh proiiiGions way b' r-odI-fiod and p2—LAts issued a:; .inllorla: a) f hPa7,-Lcr`;: he na.-:q ocl oi` a fl-n-,I cr zi., def;.n::!d in CC a,—xl�c-r 143 i:GTL she.!' bn cCai;'d^r,2e as com - v .::t of the rlall area ?.,r riA�t •i+itni *g L-1L •1-C)`r'. _ ',i��" r�$��-,a La bC pe r>s i l•:':'CZ. Park 111. b) Subdivisions: One permanent subdivision name sign, not to exceed twenty-one square feet, may be permitted for each entry to a subdivi- sion from a public way. Such signs may be illuminated. Such sign may be erected only upon receiving approval of the definitive plan for the project. c) Contractors, Developers: For each construc- tion or development project, there may be is- sued a temporary permit for one standing sign, not to exceed sixteen square feet in area, setting forth facts and names pertinent to the project. Such sign shall be erected only upon receiving approval by the Town for the project. Such sign shall be removed forth- with when the project is completed. d) Gasoline Stations : Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted and no permit shall be required therefor , but they shall conform to the provisions of 20-74C of this Ordinance. 3) where a group (three or more) of business buildings are built as a "plaza' or "Shop- ping Center" and it is desired to identify the groupings as such, in addition to the signs permitted for individual buildings or businesses, there may be permitted onestand- ing sign, displaying the plaza or center name, set back not less than twenty-five feet from any street or property line and not to exceed 32 square feet plus two square feet for the listing of each occupant or business. Such. sign may be illuminated without time limita- tions , provided all the individual occupants or businesses release their ra_ght to unlimited times of illumination as provided in Section 20-74C of this Ordinance. Sec. 20-82 Severabili#y The invalidity of any section or provision of this ordinance for the regulation of signs shall not invalidate any other section or provision hereof. Page 113. CHAPTER 21 Miscellaneous Sec.21-1 Police career incentive pay program. There is hereby established a career incentive pay program for regular full-time members of the police department as provided for in G.L. , Chapter 41, Section 108L. Sec.21-2 Youth Commission. There is hereby established a Youth Commission. The Commission shall consist of seven members to be appointed by the Town Manager. Two members to be initially appointed for a term of one year, two mem- bers to be initially appointed for a term of two years , and the re- maining three members to be initially appointed for a term of three years, and their successors shall be appointed for a term of three years each. Sec.21-3 School Committe Legal Counsel. The School Committee is hereby authorized to employ legal counsel for general purposes as provided for in G.L. , Chapter 71, Section 37 (F). Sec.21-4. Firefighters' Allowance for work clothes. Each firefighter shall receive a clothing allowance of $100.00 per. year. The budget of the Fire Department, each year, shall have an account known as the Work Clothing Account. Each member of the Fire Department shall be allowed from the account for the issue and replace- ment of work clothing the amount of yearly allowance. The Chief will post each man's clothing account on the bulletin boards on November Ist each year. Work clothing shall consist of light blue ..shirt (long and short sleeve) , dark blue pants, black shoes, black tie, black belt , dark blue jackets, and sweaters, and other personal effects. Sec. 21-5 Police photographic fingerprint identification pay. A member of the Police Department assigned to photographic or fin- gerprint identification work shall, after completion of one year's ser- vice in such assignment, receive a salary increase of six hundred dol- lars a year, as provided for in G.L. , Chapter 41, Section 108I. Sec.21-6 Indemnification of Retired Police officers and Firefighters Retired police officers and firefighters are entitled to indem- nification as provided for in G.L. , Chapter 41 Section 1005. Sec.21-7 Funeral and burial expense of firefighters and police officers. Payment of funeral & burial expenses of firefighters and police of- ficers killed in the performance of duty is authorized as provided for in Chapter 310 of the Acts of 1471. Sec.21-8 Consumer Advisory Commission. There is hereby established a consumer Advisory Commission. The commission shall consist of five (5) nebbers, one member- shall be the Tnspector of Weights and Measures and four (4) members to be appointed by the Town Manager. The Commission shall conduct investigations and perform rese4rch into matters affecting consumer interest and edu- cation, advise and report to the general public as well as to local government authorities and law enforcement agencies. The Commission shall make an annual report to the appointing authority and the Massa- chusetts Consumers' Council consistent with the G.L. , Chapter 40, Section 8 (F) Page 114. r ('1' ('lot e: The i�� mbering of + sections is assumed for purpospg�Of study. The actual nurbaring :ril`? '�e accc�;c ,hed by `Town Counsel upon actin( y the Council). to the �. 1,14 \ ,j �p ash C�.oclC !1 Zonir Ordinances of the Town of•;Agawam Provide For Regulation of the Flood Plain 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 undertaker_ 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 rurn-off; to assure retention of sufficient floodway area to convey flows which can reasonably- be expected to occur. 20-63 LOCATION OF FLOOD PLAIN All land delineated on map entitled "Town of Agawam class. Flood Insurance and Flood Hazard Map' being part of the Flood Plain Submission to HUD dated December 22, 1971 , shall be included in the Flood Plain Zone. These areas are described in general terms as that land adjacent to the Westfield and Connecticut Pi vers which lie at or below the level of the elevation of the 100 year flood as determined by the Federal Insurance Administrator. The flood plain zone shall be considered to be superimposed-over the other' zones shown on the zoning map, as a recognition of the special hazards which exist in such areas. 20-6A e'EP.i4ITTED USE'S In those p,.rtiona of the Town so designated in paragraph 20-63 the q ••! fir. 2 the follo,,ring uses of land shall be permitted; za-G�•� . Conservation of water, plants and wild life. -'.2. Legally permitted outdoor recreation not recuiring 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 substantiai 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 dates and other water control devices. The following uses if determined to be consistent with the nur-- poses of this zone, said determination to he made bar the Roard of Appeals following petition of the Lancbwner:.-- 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 features. e. In the flood fringe the development of structures for resiflence use jonly if the lowest floor {includi.np basement) is elevated to or a,:ovz ..e level of the 100 year flood, the structures for non-residence use shall have 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 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 . ' Erection, construction or other creation or installation of any building, dam or other structure. c, 2. The bulk storage of bouyant, flammable, explosive 'or toxic materials. _. 3. The addition, removal, or transfer of such quantities of mater- ial, including trees, shrubs, and ground cover, that would re- duce 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. 4. The digging or drilling of a well intended as a source of dom- estic water, f r .5. The installation of septic tank or leaching fields,. { 20_66 EOARD OF APPEALS - SPFCIAL PERMITS If any land in the Flood Plain District is found.by the Board of Appeals not in,fact to be subject to seasonal or pQriodic 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 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 any pur- purpose permitted in the underlying district subject to reasonable conditions and safeguards. The application for a geecial,pez t shall include a plan prepared and certified by a professional engineer of 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 . two foot intervals. The application for a. Special Permit:shall also include an environmental impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. ;Z The Board of Appeals may waive the requirements of paragraph,3 if it r• 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. ZG _ G ,,j. The applicant shall provide the Board with an original and seven copies of the request and- of any plan and/or envirorLnental 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 .t• l 5• been received or until expiration of the said thirty day period. 616 . ri 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 provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall, as a condition of approval, require that effective notice be given to prospective purchasers or existing landowners by signs, notation on plans and permits, or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same. G G 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. That new construction or substantial improvements of non-residential. structures intended for human 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 utility and sanitary facilities, be flood- 6 Z� proofed up to the level of the 100 year flood. 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-site waste disposal systems shall be { located so as to avoid impairment of them or contamination from ahem during flooding. Jr: . 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 fill or encroachments within the designated floodway shall be pernitted 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. Gr zo .r (0 710 urn �_c e.4 Any existing nonconforming uses or structures in the designated r floodway shall not belexpanded b4 may be modified, altered, �Q k repaired, or reconstructed, subject to regulations pertaining 1 y to nonconforming uses, to incorporate floodproofing measures, provided such measures or such modification, alteration, rer..air, or- reconstruction do not raise the level of the 100 ,year flood at : / 1 any point. 79 • 20-67 General Stipulations . 11 . A subdivision., filed with the Planning 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 Planning Board may be considered a single application when submitted so the Board of Appeals under this . - ordinance. (The action of the Plannipg Board shall in-"no way .limit the Board of Appeals in their decision and setting of-conditions.) 2,Nothing contained inythis ordinance- shall limit, 'the'authority'of the'- _ s 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. i3.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 submitted to any Board, Agent,' or' Authority 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 req5i5ements of the Flood Plain Ordinance." �f. No new nstr ction, alterati n, or extension of structures for human occupancy as -permitted under Section 2D-56 shall be allowed beyond the foundation stage, until the elevation of the lowest floor (including basement) has been 'dhio;_ke'd azui•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. Inspec- tion 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. f S 20-68 PFRFORMIANCE GUARANTEE The completion of all earth work not bonded or covenanted Under Chapter 41 of the General laws df Massachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the Town prior to cor.tTencerment of any earth work. 20-69 SEVERABILITY The' invalidity'_af.any:section or provision of this. Ordinance 'shal1•not - invalidate any other section or provision hereof. 1 Section 20-393- 7-;2- 2 Definitions: 4�,j-vAny device, surface or framework on wHch words, symbols or other designs are inscribed or displayed and desipned to call attention thereto, including billboard, kiosk, placard3,Dainting, drawing, letter, banner, pennant, insignia, and trade 'flag which is on a pub- lic way or on private property within public view of a public way, public park or reservatiorr. 4A pe s��,y Any sign that advertises, or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon or the products sold thereon. Rejkl Fstatg .4 A sign advertising the sale or rental of only the premises on which it is located, and hearing the name, address, and or telephone number of the agent through which such sale or rental may be acccmplished. 6tich si.rn shal.l include no other adverti slnp material, and shall not be illuminated. Wi S A-,A sign painted or placed on the inside of the plans of a window or displayed behind a window so as to attract attention ' from the outside. A sign shall be deemed a window sign if it is within the display or show case areaof the window, or within six feet of the inside surface of a window through which it is intended to be viewed. Standip&,SipVA sign standing or hanging free on its own support: such support may be attached to a building* or fixed in or to the ground. Staftding signs may have two faces or sides, showing in orposite direc- tions. W 11 91 ,*A sign fastened or affixed parallel to a wall of a builditr and not more than 61, therefrom. Over nP�F� _Sagrl -r A sign, banner or other advertising* dP.vicP which hanps or extends over a public way, sidewalk cr way in which the -uhlic has a right of access. wall signs shall not he included in this dPfi.nition. Z _ . Area a - As appropriate to the context, the word "area" shall refer to the size in square feet, not including frames, borders, or any intermediate removable surface between a sign and a wall to which it may be affixed, however, the dimensions of any such frames, borders, etc., shall not be such as to result in over-all total areas (including such -frames, borders, etc. ) exceeding by more than 20% of the sign face areas authorized by this section. b - Area of the face The area of the. face of a sip.n shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background Qnwhich they are displayed and any cutouts or extensions, but shall not include any frame. around the siPn and any supportinP structure or bracing. c - The area of a sign consisting of individual letters or symbols attached to or painted on a surface, huildinr, wall or window, sha11 be considered to }.e that of the smallest quadrangle or triangle which encompasses all the letters and symbols. d - The area of a sign consisting of a three-dimensional object shall be considered to he the area of the largest vertical cross-section'of that object. e - In canputing the area of the signs, Moth sides of V-shaped signs, but only one side of back-toback signs shall he counted. Billboard - Any non-accessory sign greater in face area than forty (40) square feet. Outdoor AdvertisinE. Board -- The Outdoor AdvertisinP Board of the Common- wealth or any board or official which may hereafter succeed to its powers or functions. Person - Shall include an individual, corporation, society, association, partnership, trust., or other entity, public or private. 4 r � Temporary Sign - Any sign, including its supporting structure, intended to be maintained for a continuous period of not more than 60 days in any calendar year. Residence Districts - Residence Districts shall be those areas included in the zones Residence A-1 , A-2, A-3, and A-4, Residence A as defined by the zoning ordinancesof the Town. Section 20 Administration and Enforcement a - Enforcement - The building inspector is hereby designated as the Sign Officer and is hereby authorized to enforce this Ordinance. The Sign Officer shall keep a current list of permitted signs as a rublic record. Annually, prior to April 115th, the Sign Officer shall submit to Outdoor Advertising Board a lint of any signs which do not meet the specifications of this Ordinance together with a notation as to wherein each sign does not comply. A copy of this list, shall be available to any officero or Boardg of the Town and to any citizen upon renuest. The Sign Officer is authorized to order the repair or removal. of any sign and its supporting structure which in his judgment is dangerous, or in disrepair or which is erected or maintained contrary to this Ordinance. Whenever a Sign Officer is designated, he shall send his name and address to the Outdoor Advertising Board. �Z 0'--7-S� b - Permits and Fees- Except as provided in Section= 3@6!1 and Section '4o— 97 2no sign shall he erected, altered or affixed to any buildinP or placed on any premises until .a permit, has been .issued by the Sign Officer. Such permit shall be issued only if the s Fn complies or will comply with all arplicabie provisions of this Ordinance. An application for a sipn permit under this section shall include an accurate sketch or a photo- graph showing; the true dimensions of the face and frame of the sign, the lettering, wording, designs and symbols on the face and as attached to any part of the frame, and such plans, drawings, and speci- Ji-dations as the Sign Officer may require for the'strricture.A schedule be of fees for such permits shall - detertined from time to time by the Council. Each sign authorized by permit shall have a permit, numrer displayed on the race side of the frame or structure in such position as to be easily read, c - Whoever violates any provision of this Ordinance or any lawful order of the Sign Officer shall he subject to a fine of $50.00 per offense. Each day that such violation .^.ontinues shall con- stitute a separate offense. 20 7 General Specifications a - Color The color concept of the sign, shall be such t.tat, it does not violate they purpose of this Ordinance. No sign shall contain red or green .lights if such colors wo0d in the opinion of the 51pn Officer constitute a driving hazard. No fluorescent colors or materials shall be used. b - Movement No sign shall contain any moving, flashing, or occulting light or visible moving or moveable parts, except such portions of a sign as consist of indications of time and/or temperature. A sign which is designed, for structural reasons, to align itself with the direction of the wind shall not be considered a moving sign. Strings of pennants or so-called whirlygigs, and the like, shall be deemed to be included in this prohibition, which shall also apply to window signs as defined herein. _1/ c - Illumination Except as provided in Section 2D=0a@4g4 of.:the,Ordi,nance. one accessory sign for each business establishment may be illuminated subject to the following specifications without time limitations. No other sign shall 1P illuminated unless, in the case of an additional accessory signs, the premises on which it is located are, open for busi- ness. Signs may be illuminated only by the following means: i - By a white, steady, stationary light of a reasonable intensity shielded from any way or occupied building and directed solely at the sign. 2 - By interior non-exposed lights of reasonable intensitys or 3 - By exposed gaseous tubes. d - Energy Shortages In the event of an energy shortage, the Council is authorized in its discretion and following a public hearing, to order that all signs in the Town consuming electric, pas, oil or other forms of energy cease such consumption in whole or in part during such hours and for such period as the Council may designate. Nonconformance with Council request would tie sufficient evidence for the Sigh Officer_to_revoke the e - StructureThe supporting structure shall meet the requirements of safety as specified by the Sign Officer. The structure shall be only as large as necessary to support the sign and shall be treated in such a way that the structure becomes secondary to the sign itself and shall not constitute in itself additional advertising. Any color applied to the structure shall meet the rurposes of this Ordinance. f - The Placement of L)ij2s Signs allowed by right without a permit., except those listed under Section of this Ordinance, shall be located no closer than 101 to any property line. A variance in this dimension may be granted by the Board of Appeals only upon evidence of hardship rased on land structure and traffic conditions. No signs temporary, or otherwise, 7A other than those erected by the Town, County, or State, or for emergency safety shall be permitted within the street right-of-way. Signs allowed by permit of the Sign Officer shall contain reasonable stipulations con- cerning placement based upon speed of travel and sight distance of the adjacent Kays, number and location of signs already existing in the area, and the concept of the sign in relation to the purpose of this Ordinance. 20- J Additional Specifications for Accessory Signs Accessory signs shall be permitted which meet the following additional requirements: Zo-7.S -tr- Residence Districts In any area zoned as a residence district, the following are authorised by ri"pht without a permit. 1 - One sign d.isplay:ing the street number and/or name of the occupant of the premises not exceeding one square foot in area. Such sign may include identification of an accessory professional office or other accessory uses permitted in a residence district. Of the signs allowed under 5ectionzo-7, _/, -/ -T -� of this ordinance, the total number cf signs per lot shall not exceed two. 2 - Signs pertaining to the lease, sale or use of a lot or buildings }provided that such 'sipns do not exceed a total area of six square feet. Such signs shall be removed forthwith upon sale or rental of the pre, mixes advertised . 3 - One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue, or educational institution i.s located or a povernmpntal authority. Such sign shall not exceed 2D soaure feet. in area, provided that there shall be no more than three signs for each church or syna- gogue or institutional building crmplex. G - Attached signs_A sign 'otherwise perrni.tted in this section may be attached to a building if it, complies rpli t h all the renuirements 2�-7 of Section and this section. 5 - Signs offering aceomodations for .guests, not to exceed one souare Foot in area. 6 - Signs prohibiting trespass, hunting, and the like, and signs warning of danger, such as "High Voltage" not to exc,�td om- rnvnr-� fool i.r: area. 7 Street name signs and signs erected b;r the .own, County, or State, for the direction and control of traffic. 8 - Window signs - For residential zones and their accessory uses, window signs as defined provided that the aggregate area of such signs shall not exceed one square foot. All such_signs_ shall be included in the total number allowed under (1 of this section. For. permitted retail establishments in all districts including agricultural, business and industrial zones, window signs as defined provided that the aggregate area of a,-ch signs does not exceed thirty-three percent of the area of the window glass and provided that the aggregate area of such signs shall be included in the total area alloyed under zo-7S�-.2- Section 28s366&-subsection (c) of this ordinance; 9 - A sign on or adJacent to the entry of a multiple occupancy building listing the names and/or occupations of the occupants or establishments therein, provided that the size of such sign shall not exceed one souare foot for each occupant or establishment. 10 - Signs designating historical places or points of interest, erected by a governmental authority or by a duly chartered historical association or the like, not to exceed six souare feet in area. 11 - Signs indicating "Entrance," " Exit," "Parking," or the like, erected on a premises for the direction of persons or vehicles, not to exceed two square feet in area and rovided nothin stall he erected or maintained be- tween a point two and one half feet above the grade and a point eight feet above thegrade* _ S.A. 20-36-6 B_ Business and Industrial Districts ;;�-,d,/Within these zones, in addition to the general purposes of this ordinance the following objectives are intended by this regulation: To make signage, both identification and communication signs, an integral part of the architectural concept of the building, 4 t To allow standing signs where building placement, land structure and traffic situations -- speed and sight distances -- do not allow adequate view of the attached (wall) signs. To encourage temporary signs and so-called third party signs to be placed in windows or attached to the building wherein the items or services are available. To encourage high quality and professionalism of standing signs and other J signage within these districts as a factor for .identifying the Town's business and industry with quality and concern for the residential nature of the Town and its concern with the natural environment. .e To allow the necessary safety and -traffic signs to be readily seen. //I',:. To clear intersections of all other than necessary safety and traffic control devices and directional signs. 75,0,A In an area zoned as a business or-'industrial district, signs are authorized by right za—75A without pemit as listed in Section-366k above. In addition, each place of business may be issued a permit for a sign or signs as follows: •a) Wall signs not to exceed 10% of the' area of the face of the building are permitted" and shall be computed within the maximum area permitted under this section 3069. b) Standing signs may be permitted by the Board of Appeals as a Special Permit, subject to the following conditions: I . The area of such sign or signs in combination with any other permitted sign shall not exceed the total maximum-sign area permitted under section 2. The Special Permit for a standing sign shall be for a term not to exceed three years and is renewable for additional terms of three years providing 8 B that the. sign complies with section 20-3" and purposes of this ordinance and the objectives of this section., 3. If such permission is granted, ,the Board of Appeals shall specify the site, type, and location of -the sign and impose.' such other terms and conditions as it shall deem necessary to promote the purposes of this ordinance and the objectives of this section; provided,' however, that no such sign shall exceed 100 square feet in area or 10 feet in height above the ground or shall be located within 25 feet of any property line. �c) The total area of all signs allowed by permit and by right together shall not exceed two (2) square feet for each one ( 1 ) foot of horizontal distance of the front wall of the principal structure fronting on a street. d) Standing signs and V-shaped' aigns on roofs, marquees, cornices, awnings, and projections are not permitted. 'Signs mounted upon or part of ventilating equipment, shafts or towers projecting above the roof line of the building shall be included in this prohibition. - Zo -7Se 2 - Agricultural Districts In agricultural districts a permit for one sign not to exceed 16 square feet in area may be granted to identify an accessory use permitted in the tone. new the agricultural zone does not abut a'street, the sign allowed under this section may be located on street front property 'contiguous to 'the agricultural zoned lard_ provided that the land is under the same ownership. The sin shall conform to section of this ordinance. 20 -74 20-309- Non-Conformance of Accessory Signs Any accessory sign lawfully in existence at the time of the adoption of this ordinance, which violates or does not conform to the, provisions of this ordinance, shall be removed, altered, repaired or replaced so as to conform with the provisions of this ordinance within five years from the effective date of the Ordinance. Any exemption provided in this Section shall terminate with respect to any sign which: a)- Shall have been abandoned; b)- Advertises or calls attention to any products; businesses or, activities which are no longer sold or carried on, whether gener- ally or at the particular premises, or c}- Shall not have been repaired or properly maintained within thirty days after notice to that effect has been given by the Si.pn Officer. Zo--I17 AdditioM l Specifications for Non-Accessory Signs a)- The erection or continued maintenance of private non-accessory signs is not permitted provided that such signs lawfully erected prior to t that date of adoption of this Ordinance may be maintained until five-.years: from the effective date of this Ordinance. b }- The Town Council may authorize the erection of non-accessory signs. / on public property kiosks, or directoriesl�,by the Town for directional purposes. Foll.ewing a public hearing the Council sh-stipulate specifications and fees for use of each ask or each director. Prohibitions - Overhanging signs. No overhanging signs shall he permitted unless hart of cantilever of a principal build; however, this provision shall not apply to street name signs nor to signs or devices erected by the Town, County, or Commonwealth for the direction and control of traffic. b)- Signs on. trees, etc. Except for signs warning of danger or prohibiting trespass or the like, signs pai'ntedon or affixed to any tree, utility pole, rock or ledge, or otter living material are expressly prohibited. ` 1013 f v2 344 Maintenance All signs, whether erected prior to the effective date of this ordinance or not, and whether a permit is required or not, shall be maintained in a safe and neat condition to the satisfaction of the Sign Officer. Fail- ure to correct a violation of this provision within thirty days after notice thereof shall constitute grounds for revocation of the permit, or for removal of the sign if it was erected prior to the time when such per- mit was required, or if it is of a type for which no permit is required. 29 3i4?- Special Cases Notwitt:standing the foregoing provisions of this Ordinance, certain are- vial types of activities or situations are recognized for which such Provisions may be modified and permits issued as follows: as defined in Chapter _143 GL Theaters: The mamuee of a theater a)- lshall be considered as com- prising part of the wall area in determining the total sign area to be permitted. b,- Subdivisions: One permanent subdivision name sign, not to exceed twenty-one square feet, may be permitted for each entry to a sub- division from a public way. Such signs may be illuminated. Such sign may be erected only upon receiving approval of the definitive plan for the project. c)- Contractors, Developers: For each construction or development pro- ject, there may be issued a temporary permit for one standing sign, not to exceed sixteen sc.uare feet in area, aettinp forth facts and names pertinent to the nroject. Such sign shall be erected only capon receiving approval by the Town for the nroject. Such sign shall be removed forth- with when the project is completed. @}- Billboards as defined herein. d)- Private signs on Toum property, unless a pPrnit for such a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing; any such si Pns shall con- form in all respects to all other provisions of this ordinance. Permits for such sipMs may be revoked at- any time by the Town Council. e - Signs painted directly on the exterior surface of any building. ae 19- Temporary, Signs a - Temporary signs which comply with this Ordinance shall be permitted. Before a temporary sign (other than a temporary sign defined as a window sign or political sign) shall he, erected, there shall be deposited With the 31-p_n Officer the si-mi of $25 in cash for each sign. The deposit shall he refunded only upon the removal of the sign Within the time specified in the permit. Temporary signs which do not comply with this Ordinance may be author;zed by the Sipp Officer for public or non-profit purposes, without deposit. b - Political signs_may be erected only on priv_ate•_prgperty_ and with the landortngr�sj)ermission. Political_ signs shall not exceed 6 sire feet in area, may be erected15 14ys_prior to a primary election and maintained, i.n_good condition, continuously until 48 hours after the close of polls of the final election. Candidates eliminated in the primary election shall have their signs removed witUn 48 hours after the close of the polls of the primary election. All such signs shall be removed within the 48 hours limit as a responsibility of the property owner. A challenge to the official count shall not negate this ro- vision. A fine not to exceed $50 may be levied on the property owner for failure to comply with this section. 12 E d} Gasoline Stations: Standard pump head signs of ps:soline filling stations shall not be included in the total area of signs ; I permitted and no permit shall be required therefor, but they-shall; conform to the provisions of. 2G-4045w4 of this Ordinance. e� Where a pup (three or more) of business buildings are built as a "plaza" or "Shopping Center" and it is desired to identify the groupings as such, in addition to the sipns rermitted for individual buildings or businesses, there may be rermitted one standing sign, displaying the plaza or center name, set back not less than twenty five feet from any street or property line and not to exceed 32 square feet plus two square feet for the listing of each occupant or business. Such sign may be illuminated without, time limitations, provided all the individual occupants or businesses release their right to unlimited times of illumination as provided,'' in Section 204&5G- of this Ordinance. Zo —�Z -- Severabi li ty n } r� 4A re ct�c.}roh The invalidity of any section or provision of this ordi.nance shall ot invalidate any other section or Provision hereof. l n Add/to �hh� T� �; Cz o zD—F- INITIONS ) J . Flood -- a temporary rise in strewn flow that results in water topping its banks and intmdating areas adjacent to the channel or flood plain. Flood Plain - the land adjacent to a body of water which has been or may be hereafter covered by flood water. _ Floodway -- the channel of a.-stream and_those..portions-of the -flood- plain adjoining the channel that are recuired to carry and discharge the flood water or flood flows of any raver or stream. Flood_Frirge -- the area of the flood plain outside 'of the floodway l ;here water map stand briefly at the height of a ,flood, but. does not move with significant current. Ordinary High 'dater Mark - the highest point on- the bank of a floodiray or flood plain at which the water level has been for a .suffi- cient period of time to leave a. definite mark. Storage Capacity of a Flood Plain - the volume of space above an area of flood plain land that can he occupied by flood water of a given stage at a given time, regardless of whether the water is moving. Buoyant Material - A material which displaces an a-mount of water ecual to its Weight; capable of floating. "Substantial Improvement in the flood plain means any repair, reconstruction, or improvement of a structure, the cost of which,eoual.s or exceeds 25 percent of the assessed value of the structure either (a) before the improvement is started, or t (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."