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FLOOD PLAINS - DUP E FLOOD PLAINS ubdiyi si on. The division of a lot tract or Farce? of l?r.. r}? -� _ 7 0t -} Sz tpfi o„ div, 3'^n� of !and i_n si,zch ? ?"?aYl'.'_e� as t0 vri �-n fo— � 0�,,,pn} f0,, �na4+ !��Y":O,ip •;phat:inr 1,-'�!G' 'atF' 1 �Ijs r%r f'"L I.LU', Of:in n r�r �7�i1 ai �r r ra'*ea� O?�T-Sa?s1 ~ ^h_o �.enrr?� ";ubIJ_vi_43ionIt ;^ rnI -.�tirq to -f-0 i~'7„aS�p� rf .�aLi V' C?lj?cr O" i O already sur.. .�i Zr� r�G+� .•1 r-.9'•i ar. Y`('.)`.^•� ��6 �O 1ti.rs ...n.,-•'F f�_i "Yl.`;' so--cal ea a.,tO.,,o}�; n };-^^;l are -n7b.'_�e 1tOrr'?S Or C017ch ?r�c11) ��,n7 a,-nst 1�0'"t Witr- cture, r."•-'7n' -7 of C�f_nveyan^e r„' 1re 2 r'Z e sC �'1''" ' -�nr? �}�^ +COT?^t �".'^.�'.d., altere' l or r''J:'t'??'tr'd n any n, ,. r a s to -permit occit...anc•, th:,,-_ ,�of for dw,..7.ly _ or sleepin _ nurpo'aes. aracre. Anv bu;l�lirrr, '•711erei_'. i4 kept or stored one Or more r-rotor vehicles including among o tners a public or 7r vate garage, motor vehicle repair soon or paint shop, service Station, lubritorium, or any building used for sim- filar purposes. Vebicle. Anything in or on :•r'aich a person or thin] is or_- may be carrip(l or anu moving cri?nnort Or cn-+t- nrar f'nr 'TIn rlrm rR?`r,,1P+a obtill-_ , objects. Rest home, nursing hone or convalescent homer An establishment for the recuDera.tion or treatment of invalid or convalescent ' nersons, Off-street narking space, space of one hiLn- dyed forty-four louare feet or more within a structure or in the open for the narking of a t-notor vehi--Ie or an-,,., land ovrned.r rented or leased for S-ac 1 nurposes . Flood. A temnora_zTy rise in stream flow that results in dater toppin; its banks and inundatin..- areas adjacent to the channel or fl oo.d nlai.n, Flood Plain. The -land adjacent to a body of water which has beer, 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 required to carry and discharge the flood water or flood flows of any river or. stream. Flood Fringe. The area of t?he flood plai.'i outside of the floodway ;here water may- stand briefly at the height of a flood, but does not move with significant citrrent. Ordinary High .!ater P1ark. T- e highest point on the bank of a floodway or flood plain at uhich the water level has been for a. suffici ant nerl orb of time to leave a definite mark. Stora-,e Capanity o.f a. Flood P1ai.n. The volume of space above an CP area of flood plain that can be occupied by flood '.later of a gi cn Stage at ? given ti e,regardless of w'_rlether the teeter is moving. Buoyemt Material. A ma eri al Lrhi ch diSnla ces an amount of water e-M tl to its ;riei giit; capable of floating. Parr, 71 , Substantial improvemen s !n the flood plain means I-ny r2oa—ny roc(}rs—''.?"�..�^"t`i on, or lm?rpvet? imt of a stt_uct'.re, the cost of L.''_qj '.h eruals 0-- t'. c :jr.�'`zr� � + h assessed value of he structure tt tv/nnt:7 c :�t of the 4. e t st.�z.� tu_ fel.th.., r �:1 7 bef'orn' the .;mrn.rr)v?'? n-rit i:; s"L;'-?.7't,r el, or -t'�r� has be-n? r',am-,!70 6 an , is [.`ram:, rP_sto,_.p- 11-fore the r?amage � . .- --- occurr._d. YP r' �n al -•�" e.m 's -1 'r tto n -t- d 7 c a1.tP,_'? 4' _n ...... ,--at n'� _, .. 1:� .r� �:�'c n .b ir.st ..t.zon oE q - 4 ctu ? 1 7? ?.'^1 eJ �thZe bn l 7iy17 f 0"�'?eTln?>. 20-1�. '?i sty"r , ' adont�,on c_ buiId -t; T one�ma;�. For t':'!t -purrose of this chz,?ter, the tovm shall be divided into ten classes Of districts as .follows: Residence A-1 Districts, Residence A--2 Districts. Residence A-3 Districts, Residence A-4 Districts. i Cv . i: j, $_S_ -1_ Rt tV . Agriculture Distrusts. Business A Districts. Business B. Districts, Industrial Distracts A. Industrial Districts B. The bo�wndaries of each district are hereby established as- shovm .on the building zone map entitled Zone ?'saps Toim o_r a ca:aam, I'Iassachusetts, Agawam P2?mni ng Bo rd, Scale 9 inch ' 7rmuals 400 feet" which is hereby declared to be a part of this charter. Such shall be hereinafter referred to as the building zone MaD. Page 71 a, r 4 acre dirt area and h,ving not less than one hundred fifty feel frontage on a street. - 1`o t 7o:r:' t'i=.'.n are Ar:re5istered motor vehicle shall be- allowed on any parcel of l W noel i a g soli e 01107 station; provi ?ed '.lowei-er, Viat az)y `lif'1 yaso1-ine filling station having an automobile Oiler ' s er ' s permit chill be governed by the nrovisi ons of such :?ermit. RTALF A. P,a7p`i ati on of the Flood Plain. Sec. 20-62, Purposes. The Flood Plain 'Zone and the regulations herein have been established for the 'following puoposes: mo. 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 i-ndertL ken without full realization of the dangprs therein; to protect the public from the burden of extraordinary *inIncial e�mend7 Lures for flood control and relief; to protect the capacity of the .flood plain; to absorb, transmit and store run-off; to - assure retention of sufficient floodway area to convey flows which can reasonably by expected to occur. Sec. 20-63. Location of .Flood Plain, µ All land delineated on map entitled ''To%::n of Agawam Mass.' Flood Insurance and Flood Hazard. i,'an" 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 Rivers 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 it such areas. Sec. 20-64. Permitted Uses. In those portions of the -Town so designated in paragraph 20-63 'the folloVing uses of land shall be permitted: 64.1 Conservation of yater, plants and wild .life. 64.2 Legally permitted outdoor -recreation not requiring development or landscape alteration in conflict with the purpose of this zone. Page 99. 64.3 Grazing, forestro other farms or agricult"onsistent with the purposes of the zone. 64.4 Dwellings lawfully existing prior to the adoption of these provisions , however , no building permits for substantial alteraticns or ext6nsions sbali 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 facilities if in aA' authorized plan by public agency or if built to create porius iut. 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 nor.-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-b5 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 nati:ral hydrology of the area. Page 100. .`65.4 The digging or d ng of a well intended as rce of. domestic crater. 65.5 The installation of septic tank or leaching fields. Sec. 20 -66 Board of ADDea s - Special Permits 66.1 if any land in th;, Flood Plain D.strict 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, Vie Board- of Appeals ray 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- paged and certified by a professional engineer or land 'sur- veyor, registered in the commonwealth of Massacnusetts. This plan will show all proposed and existing buildings, structures, roads, waystdrainage 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= --- vironmeatal' impact- statement'-prepa.red' 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 io 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 sevenz,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 She-- vial Permit until these recommendations have been received or until expiration of the said thirty day period. Page 101 _. 66. 6 The Board of App "may issue a permit under ORSection if it finder that: The proposed use o.` 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 giver 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 i» +i +1 tr% a l I ebtvj t` th^ `f fArta n.F t}.4 ,a=— 66.7 Without limiting the denerality 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 in«ended 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 float (includ- ing- baserient) elevated to or above the level of the 100 year flood or, together with attendant utility and- sah tary facilities, 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 -t6-%faidimize 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 irapair 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 strea:a , improvements. Page 102 sec. 20-67 General SAWtians 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 of Board as they apply to Floott Plain management . The subdivision as approved by the Planning Board may be considered a single application when submitted to the Board of Appeals ender this ordinance. (The action of the Punning 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 n.4.Uori 4y o 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 reguirement,s 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 floodoroofing Measures, provided such measures or such nodi- 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 o; the' lovrest 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 0 d. 0! L Subdivision. The division of a lot, tract or parcel of land into two or more lots, sites or divisions of land G such a manner as to nequire provision -for a .street for the purpose, whether immediate or future, of sale or building development. ThQ ' , ord ;subdivision" in relating to the tr?ves:se^ of Mlividing or to land already sub- 'ivi ded .,rt.;en appropriate to the content, T701er, Any so-called antonobile trailer, mobile homes or trailer coach inciu'?.iQ any :portable structure, means of conveyance or vehicle so Qvi ned or constructed, altered or converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes, Garage. Any building, i!;herein is kept or stored one or more motor vehicles including among others a -public or private garage, motor vehicle repair shop or paint shop, service station., lubritorium, . or any building used for LL similar purposes. Vehicle. Anything in or on which .a person or thing .is or may be carried or any moving support. or container for the conveyance of bulky objects. Rest home, nursing home or convalescent home. An establishment for the recuperation or treatment of invalid or convalescent persons. Off-street parking space. A space of one hundred forty-four square feet or more within a structure or in the open for the parking of a motor vehicle or any land orn.ed, rented or leased .for such purposes. Flood. A temporary rise in stream flow that results .in water topping its banks and inundating 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 -rater, Floodway. 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 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 does not move with significant current. Ordinary High Water Mark. The highest point on the bank of a floodway or flood plain at which the water level has been for a sufficient period of time to leave a definite mark. Q, Storage Capacity of a Flood Plain. The volume of space above an area of flood plain that can be occupied by flood water of a given tage at a given time,regardless of whether the neater is moving. Buoyant Material. A material which displaces an amount of water equal to its weight; capable of floating. ►-4 page 71 . _ �t CL "17 / D Substantial Improvement. In the flood plain means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds tvin tv-five -percent of the assessed value of the structure either '(a) before tale lm.provcmQnt is started, or (b) i f' thr structure has bee-n fl.a p e (Ina,- 0CC1 ' ' , r urred. Sgbs,tantiai imnrovement is darted v.,hon the first alteration of any structural_ past of the bails ing con-mences. Sec. 20-? P.i t-;i cts; adontion of build in;zone_-gars For the -6urpo^e of this chapter, the toirn shall be divided into ten classes of districts as follows: Residence A-1 Districts, Residence A--2 Districts, Residence A-3 Districts. Residence _n-4 Districts. Residence B. Districts. Agriculture Districts. Business A Districts. Business B. Districts. Industrial Districts A. Industrial Districts B. The bo,.ndaries of each district are hereby established as _ shoi.rn on the building zone map entitled '=Building Zone Map, Toirn of Agawam, Massachusetts, Agawam Planning Board, Scale 1 inch s,nua.ls 400 feet" which is hereby declared to be a part of this chapter. Such shall be hereinafter referred to as the building zone man. Page -71 a. acre in area and having not less than one hundred fifty feet frontage on a street. Not More than one unregistered motor vehicle shall be allowed on any parcel of lani used as a gasoline filling station; provided, however. , that any .such 7a3oline filling station having; an automobile dealer' s permit shall be governed by the provisions of such hermit. ARTICLE XI . Regilat.ion of the Flood .Plain. Sec. 20-62, Purposes. The Flood Plain Zone and the regulations herein have been established .for the following purposes: To protect and preserve the water courses and their adjoining' flood plain; to reduce the hazards of floods upon the public health, . safety and general welfare; to protect flood plain occupants from a flood that is or may be caused by their o%%m land use and .that is or may be undertaken without full realization of the dangers therein; to protect the _public from the burden of extraordinary financial e.:_penditures for flood control and relief; to. -protect the capacity of the _flood plain; to- absorb, transmit and store run-off; to assure retention of sufficient .floodway area to convey flows which can reasonably by exvected to -occur. Sec. 20-63. Location of Flood Plain, All Land delineated on man entitled "Town of. Agawam Mass. -" 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 Rivers 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 shotirn on the zoning map, as a recognition of the special hazards which exist ixi such areas, Sec. 20-64. Permitted Uses. In those -portions of the Town so designated in paragraph 20-63 ; :the following uses of land shall be permitted: s 64. 1 Conservdtion -of water, plants and wild life. 64.2 Legally permitted outdoor recreation not requiring development or landscape .alteration in conflict with the purpose of this , zone. Page 99. .' ` 64.3 Grazing , forestry and other farms or agriculture consistent with the purposes of the zone. 64.4 Dwellings 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 facilities if in an authorized plan by public agency or if built to create ponds for recreational or agricultural use. d. Minor buildings incidental to permitted flood 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.,- Tn -th'e 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:-7.20-65 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 Brection; •construction or other creation or installation of 4 •• 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 fioodway, or other- wise adversely affect the natural hydrology of the area. Page 100. N -.`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 Ap eals - 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 for .land sur- veyor , registered in the. commonwealth of Massacnas 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. eniri'ronmentally 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 statementrequired 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 - g' 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 vial Permit until these recommendations have been received or untiI-.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 nay 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 wily 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-.baserzent) elevated to or above the level of the 100-year flood or, together with attendant utility and'sanitary facilities, 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 ••.Plai3n.;,zonb xshall be-,,designed -to-aminimize 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. r.. 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 l '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 Genera? 5tleulations 67.1 A subdivision , filed with the Planning Board under Chapter 41 of the-General Laws of Massachusetts , shall rreet 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 ;r certified inkwriting as being according to the approved plans. Inspection and certification shall 'be made by a registered professional" engineer or land surveyor. All costs incurred sunder this section .shall be borne by the applicant. Page 103 _ .,i FAG 12) � TOWN OF AGAWAM • ��,, -��.. - • .36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 4I3-786-0400 June 6, 1974 Mr. Edward Caba Council, Clerk Agawam,'Mass.. . �. Re: Flood Plain Ordinance #1037 Dear Mr. Caba: .' In compliance with the extension of time granted by the Council in` memorandum dated April 19, 1974, the Bla.rming Board herewith submits . ' • their final reco=endation for an Ordinance to control development . of the flood plain. _ Very truly yours'. AGAWAM PLANNING BOARD C/1 • cc Mr. Westman . r .,Y�� +1 �!i ii li YillL In - •+.+_ r-r-=•_�� -' "' "— _� Ad O DZFINITICNIS Flood a temporar- y rise in stream flow that results in water topping its banks and inundating areas adiacent to the ... channel or flood plain. Fula d Plain -. the land ad jacent 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 required to carry and '. discharge the flood water or flood flows of any river or 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 - - does not_move with significant current. Ordinary High Water Mark _ the highest point on the bank of a floodway or flood plain at which the water level has been for a .suffi- _ _ cient period oft e' to eave a.definite mark. - Storage Canacitj of a Flood Plain - the volume of space above an area of-flood plain land that can be occupied by flood water of a ' given stage at a given time, regardless of whether the water is moving.