FLOOD PLAINS ORDINANCE FOLDER 2 ��,e. P� a,- �
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TOWN OF AdAWAM
INTER - OFFICE MEMORANDUM
FROM: _T Y1�QQrs c . DATE:
T0: �y�,� i ��� SUBJECT:
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TOWN OF AGAWAM
INTER - OFFICE MEMORANDUM
FROM: John P. Stone, Town 'Engineer DATE. January 6, 1978
evision of Flood
TO; Eduard A. Caba, Town Manager, Planning Board SUBJECT: Plain Ordinance
Enclosed is a redraft of the proposed Flood Plain Ordinance incorporating
the amendments requested by HUD and approved by the Planning Board at their
meeting on January 5, 1978.
These revisions involve an addition to the first paragraph of Sec. 20-64
indicating that the requirements of Section 20-66.7 (f) must be met and a
revision of the existing definition of "substantial improvement" changing
from 25% of assessed value to 50% of market value.
Kay I remind you that certified copies of the adopted ordinance must be
in the hands of HUD 'by February 1, in order for the Town to meet the
requirements of the Federal Flood Insurance Program.
John P. Stone, Town Engineer
JPS/hc ,• ,�f,.,,� F,�r;
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Sec. 20-62 Purposes
The Flood Plain Zone and the regulations herein have been established
for the following purposes:
To protect and preserve the water courses and their adjoining flood
plain; to reduce the hazards of floods upon the public health, safety and
general welfare; to protect flood plain occupants from a flood that is or
may be caused by their own land use and that is or may be undertaken without
full realization of the dangers therein; to protect the public from the
burden of extraordinary financial expenditures for flood control and relief;
to protect the capacity of flood plain to absorb transmit and store runoff;
to assure retention of sufficient fioodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land dellneatedon the map consisting of two pages entitled "Flood
Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective
February 1 1978", as zone A-11, zone A-13, zone A-16, zone A, zone A-2, and
zone B be included in the flood plain zone. This map is part of the Flood
Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and
Urban Development, Federal Insurance Administration. This Flood Insurance Study,
dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and
Flood Boundary and Floodway Maps and any revision thereto are hereby adopted
by reference and declared to be a part of this ordinance. In general terms
the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut
River and its tributaries and Still Brook which lie at or below the elevation
of the base flood (100 year flood) as determined in the Flood Insurance Study.
The Flood Plain Zone shall be considered to be superimposed over other zones
shown on the zoning map, as a recognition of the special hazards which exist
in such areas.
In Zone A areas where base flood elevation data is not provided by the
Flood Insurance Study other available data from Federal, State, or other sources
shall be utilized as a basis of determining the base flood level for purposes of
enforcing the provision of this ordinance.
Sec. 20-64 Permitted uses
Inthose -portions o the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State and/or Federal Permits
are of
and the requirements of Sec. 20-66.7(f) are met:
(1 Conservation of water, plants and wild life.
(2 Legally permitted outdoor recreation not requiring development or
landscape alteration in conflict with the purpose of this zone.
(3) Grazing, forestry and other farms or agriculture consistent with the
purposes of the zone.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building permits for substantial improvements or extensions shall be
granted unless a Special Permit is granted by the Board of Appeals.
(5) Proper operation and maintenance of dams and other water control devices.
(6) Construction and maintenance of highways, streets, sidewalks, sewers,
water mains, storm drains, utilities and related facilities by governmental
agencies providing that the water and sewer systems and utilities be designed and
constructed to minimize flood damage and to minimize or eliminate infiltration of
flood water into the systems and discharges from the systems into flood waters.
d
(7) The following uses by special permit as provided by Sec. 20_66 if
determined to be consistent with the purposes of this zone, said determination to
be made by the Board of Appeals following application for a special permit by
the landowner or owners:
(a) Developed recreation facilities except buildings.
(b) Utility lines and facilities.
(c) Dams and other water control facilities if in an authorized
plan by public agency or if built to create ponds for recreational or agricultural
use.
(d) Minor buildings incidental to permitted flood control, recreation,
agricultural, etc. uses, and not exceeding 200 square feet in ground coverage, if
constructed so as to not obstruct natural hydrological features and provided the
requirements of section 20_6-VXe) relative to the elevation of the base flood
are met.
(e) in the floodway fringe, the numbered A zones, Zone A, and Zone B,
that portion of the Flood Plain Zone outside the floodway the development of
structures for residential use only if the lowest floor (including basement) is
elevated to or above the level of the base flood (100 year flood) and the
development of structures for non—residential use only if the lowest floor
(including basement) is elevated to or above the level of the base flood (100
year flood) or together with the attending utility and sanitary facilities is
flood proofed to or above the level of the base flood (100 year flood) provided
a special permit is issued by the Board of Appeals. The term "Floodproofed" shall
mean watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydro—
dynamic loads and effects of buoyancy.
Sec. 20-65 Prohibited uses.
In those portions of the Town so specified in Section 20-63 as Flood Plain,
the following uses of land shall be prohibited:
(l) The bulk storage of bouyant, flammable, explosive or toxic materials.
2 The addition, removal, or transfer of such quantities of material,
including trees, shrubs, and ground cover, that would reduce the water storage
capacity of the flood plain, obstruct the flow of flood waters in a floodway,
or otherwise adversely affect the natural hydrology of the area to the extent
that the base flood elevation would be raised cumulatively more than one foot.
(3) The digging or drilling of a well intended as a source of domestic
water.
(4) The installation of septic tank or leaching fields or on—site waste
disposal systems.
(5) The placement or location of a mobile home or the creation of mobile
home parks or subdivisions.
In land within the floodway the following uses of land shall be prohibited
in addition to those listed above:
(a) Any development within the portions of Town so specified as
Floodway on the Flood Boundary and Floodway trap.
(b) Erection, construction or other creation or installation of
any building, dam or other structure.
(c) No use or structure which would result in any increase in flood
levels during the base flood discharge.
r
Board c}£ .A;Pea i s - Special Permits.
21-66. 1 If any L ;r;i it, the Flood Plain as defined in Section 21-63 is found
by the Board )f' Ap.rrals not in fact to be at or below the level of the base
flood (100 year flood) , not, to be unsuit.ible because )f drainage conditions,
or if the p ropri-jed action is not inconsistent with the purpose of this Bylaw,
the Board of Appeals rt,y grant, after 3 putlic hearing ;with due notice, a
special permit f.zr the use or development of such land and for the construction
and erection of a t:uildinr or structure for any purpo:;e permitted in the
underlying district, sub e-Ct to reasonable conditions and safeguards. Any action
by the 93ard of Appeals shall not be construed to effect insurance determination
or rates.
21-66. 2 The application for a special perwit shall include a plan prepared
And certified by a professional engineer or land surveyor, registered in the
Commonwealth of Massachusetts. This plan will show all proposed and existing
buildings, structures, roads, ways, drainage facilities, and landscape
features (including wetlands, trees, and the like) and other engineering and
hydrological data the Board finds necessary. The plan will show all existing
and proposed finished ground contours at one foot intervals.
20_66. 3 The application for a Special Permit shall also include an environ-
mental impact statement prepared by an environmentally qualified registered
professional engineer. This statement will describe the impact upon the
physical environment of the proposed use.
r
20-66.4 The Board of Appeals may waive the requirements of paragraph ,3 if
it determines that the probable impact upon the physical environment of the
proposed use is to be minimal and that environmental impact statement is not
necessary to its consideration of the application.
20-66. 5 The applicant shall provide the Board with an original and seven
copies of the request and of any plan and/or environmental impact statement
required under paragraphs 2 and 3 above. The Board of Appeals shall within
seven days forward one copy of each to the Building Inspector, Planning
Board, Board of Health, and Conservation Commission. These agencies may
file written recommendations with the Board of-Appeals within thirty days
of receipt of notification. The Board of Appeals shall not grant approval
of an application for a Special Permit until these recommendations have
been received or until expiration of the said thirty day period.
20-66- 5.1
In passing upon such request, the Board of Appeals shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this ordinance and:
(a) the danger that materials may be swept onto other lands to the injury
of others;
(b) the danger to life and property due to flooding or erosion damage
(c) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to
the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(i) the safety of access to the prnferty in times of fl ,)-)d f,sr ordinary
and eiuergen^y vehicles;
(j) the expected heights, ve.lacity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicab la, expected at the site; and,
(k) the costs of providinr; governmental services during and after flood
condlrion5 in= !Iuding (ruintenance and repair of public utilities and
facilities sucks as sewer, ,,as, electrical, and water systems, and
streets and bridles.
20-66.6- 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 kind within the flood plain or the public, or it may issue
a permit with such c-inditions as it deems -necessary to protect health and
safety of theoccupants and the public or provide proper flood control or
protection, or it an3y deny the application. The burden of showing that the
proposed development will not endanger health and safety and that it will be
an appropriate use of the land shall rest upon the developer, who shall pro—
vide such additional engineering and hydrological data as the Board of Appeals
deems necessary. The Board shall, as a condition of approval, require that
effective notice be given to prospective purchasers or existing landowners by
signs, notation on plans and permits, or otherwise, of past flooding of said
premises, and the steps undertaken by the petitioner or his successor in title
to alleviate the effects of the same.
20_66.7- Without limiting the generality of the foregoing, the Board shall
insures
(a) That new construction or substantial improvements of residential
structures within the flood plain zone will'•have the lowest floor (including
basement) elevated to or above the level of the 100 year flood.
(b) That new construction or substantial improvements of non—residential
structures intended for human occupancy or employment, excluding open_walledd
shelters for temporary use by outdoor recreationalists, within the flood plain
zone will have the lowest floor (including basement) elevated to or above the
level of the 100 year flood or, together with attendant utility and sanitary
facilities, be floodproofed as defined in sec. 21-64 up to the level of the
100 year f000d. Where floodproofing is utilized for a particular structure the
Board shall require certification from a registered engineer or architect of
the floodproofing and of the elevation to which the structure is floodproofed.
(c) That nr) use or structure shall be located in the designated floodway
which would result in any increase in flood levels during the base flood discharge.
(d) No fill or encroachments within the designated floodway shall be
permitted that would impair its ability to carry and discharge the waters
resulting from the 101 year flood, except where the effect on flood heights
is fully offset by stream improvements.
(e) That all other necessary permits for the proposed development (as
defined in sec. 27_2) have been received from those Federal,state or local
govermental agencies froru which prior_avD-rovaI is requ ed____ ___.___ _.__._ ._.._�__.; —•
(f) That adjacent communities and the Massachusetts Dept. of Environmental
Quantity Engineering, Division of Water Resources are notified prior to any
alteration or relocation of a watercourse, and that evidence of such notifications
is submitted to the Federal Insurance Administration, and that the flood carrying
capacity within the altered or relocated portion of any water course is maintained.
(g) That new construction (including prefabricated buildings) and substantial
improvements be anchored to present flotation and laterial movement, and be
constructed with flood resistant materials and methods.
(h) That new or replacement water supply systems and/or sanitary sewerage
systems to be located in the flood plain zone shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
CenP!'9l �tipul ati.ons.
2)-67. 1. A sul-,Ji vi:3i-ari, filed with the Plannine 9oard un&--r chapter 41 hf the
General Laws of Ma .?chUgetts, shall meet the Rules and Regulations of the
Planning Board -3, they apply to Flood Plain management. The subdivision as
approved by the Planning Board way be considered a single :application when
submitted to the Board of Appeals ::racier this ordinance. (The action of the
Planning Board shall in ni way limit the Board of Appeals in their decision
and setting; of _ondit.ions).
20-67. 2. Nothin,, contained in this ordinance shall limit the authority of
the Board of ffeal th 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.
20_67. 3. A building permit issued by the Building. Inspector before the
effective date of this ordinance shall be oeemed to be a permit hereunder .
20-67.4. Any plans or applications submitted to any Board, Agent, or Author-
ity of the Town which concerns land within the Flood Plain shall be noted:
"This proposal is for land which lies in the Flood Plain and meets the require-
ments of the Flood Plain Ordinance".
20-67. 5. Any existing nonconforming uses or structures in the designated
floodway shall not be substantially improved but may be modified, altered,
repaired, or reconstructed, subject to regulations pertaining to nonconforming
uses, to incorporate floodproofing measures, provided such measures or such
modification, alteration, repair, or reconstruction do not raise the level of
the 100 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 21-66 shall be allowed beyond the
foundation stage, until the elevation of the lowest floor (including basement)
has been checked and certified in writing to the Building Inspector as being
the elevation as stated on the approved plans or higher. All final grades
or any change in topography shall be checked and certified in writing as being
according to the approved plans. Inspection and certification shall, be made
by a registered professional engineer or land surveyor. All costs incurred
under this section shall be borne by the applicant* Records of these elevations
and certifications shall be maintained in the office of the Building Inspector
and shall be open to public inspection.
20-67.7• Records of the certification of the floodproofing of non-residential
structures as required in sec. 20-66.7 (b) shall be maintained in the office of
the Building Inspector and shall be open to public inspection,
20-67.8. Where interpretation is needed as to the exact location of the
boundaries the flood plain zone (for example where these appears to be a conflict
between a mapped boundary and actual field conditions) the Town Engineer shall
make the necessary interpretation.
Sec-. ..20-68. Performance Guarantee.
The completion of all earth work not bonded or covenanted underiChapter 41
of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam
by securities or bond as required by the Town prior to commencement by any
earth work.
Sec ,- 20r69. Severabilit
The invalidity of any section or provision of this Ordinance
for the regulation of the Flood Plain shall not invalidate any
other section or provision hereof.
Slc„_20-29, _R_eservedL
"gL_20-71-0- -ReservqAL
TO BE ADDED TO SECTION 20-.2
Sec. 20-2 Definitions
Base Flood: The flood having a one percent chance of being equaled or exceeded
in any given year. Also, referred to as the 100 year flood.
Development: Any man.-iaade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
Mood Insurance Studyi
The official report provided by the Federal Insurance Administration.
The report contains flood profiles, as well as the Flood
Boundary and Floodway Map, the Flood Insurance Rate Map, and the
water surface elevation of the base flood. 11
Mobile Home: A structure, transportable in one or more sections, which i s built on
a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
TO REPLACE. EXISTING DEFINITION
Section 20_2 Definitions
1
Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas Prow:
(1) The overflow of inland or tidal waters
(2) The unusual and rapid accumulation or runoff of surface
waters frosA any source
Floodway The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more
than one foot.
Floodwa Fringe: The land in the flood plain within a community subject to a
one percent or greater chance of flooding in a given year
that is located outside of the Floodway.
Substantial Improvement in the flood plain means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the improvement is
started, or (b) if the structure has been damaged and is being restored, before
the damage occurred. Substantial improvement is started when the first
alteration of any structural part of the building commences.
Sec. 20-62 Purposes
J
The Flood Plain Zone and the regulations herein have been established
for the following purposes:
To protect and preserve the water courses and their adjoining flood
plain; to reduce the hazards of floods upon the public health, safety and
general welfare; to protect flood plain occupants from a flood that is or
may be caused by their own land use and that is or may be undertaken without
full realization of the dangers therein; to protect the public from the
burden of extraordinary financial expenditures for flood control and relief;
to protect the capacity of flood plain to absorb transmit and store runoff;
to assure retention of sufficient floodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land delineateUon---Me—map consisting of two pages entitled "Flood
Insurance Rate leap, Town of Agawam, Massachusetts, Hampden County, Effective
February 1 1978", as zone A-11, zone A-13, zone A-16, zone A, zone A-2, and
zone B be included in the flood plain zone. This map is part of the Flood
Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and
Urban Development, Federal Insurance Administration. This Flood Insurance Study,
dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and
Flood Boundary and Floodway Maps and any revision thereto are hereby adopted
by reference and declared to be a part of this ordinance. In general terms
the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut
River and its tributaries and Still Brook which lie at or below the elevation
of the base flood (100 year flood) as determined in the Flood Insurance Study.
The Flood Plain Zone shall be considered to be superimposed over other zones
shown on the zoning map, as a recognition of the special hazards which exist
in such areas.
In Zone A areas where base flood elevation data is not provided by the
Flood Insurance Study other available data from Federal, State, or other sources
shall be utilized as a basis of determining the base flood level for purposes of
enforcing the provision of this ordinance.
Sec. 20-64 Permitted uses
In Mose porEions -of the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State and/or Federal Permits
are obtained and the requirements of c. 20-66. f are met:
MConservation of water, plants and wild life.
Legally permitted outdoor recreation not requiring development or
landscape alteration in conflict with the purpose of this zone.
(3) Grazing, forestry and other farm or agriculture consistent with the
purposes of the zone.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building permits for substantial improvements or extensions shall be
granted unless a Special Permit is granted by the Board of Appeals.
( 5) Proper operation and maintenance of dams and other water control devices.
(6) Construction and maintenance of highways, streets, sidewalks, sewers,
water mains, storm drains, utilities and related facilities by governmental
agencies providing that the water and sewer systems and utilities be designed and
constructed to minimize flood damage and to minimize or eliminate infiltration of
flood water into the systems and discharges from the systems into flood waters.
(7) The following uses by special permit as provided by Sec. 20_66 if
determined to be consistent with the purposes of this none, said determination to
be made by the Board of Appeals following application for a special permit by
the landowner or owners:
(a) Developed recreation facilities except buildings.
(b) Utility lines and facilities.
(c) Dams and other water control facilities if in an authorized
plan by public agency or if built to create ponds for recreational or agricultural
use.
(d) Minor buildings incidental to permitted flood control, recreation,
agricultural, etc. uses, and not exceeding 200 square feet in ground coverage, if
constructed so as to not obstruct natural hydrological features and provided the
requirements of section 20_64(7 Xe) relative to the elevation of the base flood
are met.
(e) In the floodway fringe, the numbered A zones, Zone A, and Zone B,
that portion of the Flood Plain Zone outside the floodway the development of
structures for residential use only if the lowest floor (including basement) is
elevated to or above the level of the base flood (100 year flood) and the
development of structures for non—residential use only if the lowest floor
(including basement) is elevated to or above the level of the base flood (100
year flood) or together with the attending utility and sanitary facilities is
flood proofed to or above the level of the base flood (100 year flood) provided
a special permit is issued by the Board of Appeals. The term "Floodproofed" shall
mean watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydro—
dynamic loads and effects of buoyancy.
Sec. 20_65 Prohibited uses.
In those portions of the Town so specified in Section 20_63 as Flood Plain,
the following uses of land shall be prohibited:
�1) The bulk storage of bouyant, flammable, explosive or toxic materials.
2) The addition, removal, or transfer of such quantities of material,
including trees, shrubs, and ground cover, that would reduce the water storage
capacity of the flood plain, obstruct the flow of flood waters in a floodway,
or otherwise adversely affect the natural hydrology of the area to the extent
that the base flood elevation would be raised cumulatively more than one foot.
(3) The digging or drilling of a well intended as a source of domestic
water.
(4) The installation of septic tank or leaching fields or on—site waste
disposal systems.
(5) The placement or location of a mobile home or the creation of mobile
home parks or subdivisions.
In land within the floodway the following uses of land shall be prohibited
in addition to those listed above:
(a) Any development within the portions of Town so specified as
Floodway on the Flood Boundary and Floodway Map.
(b) Erection, construction or other creation or installation of
any building, dam or other structure.
(c) No use or structure which- would result in any increase in flood
levels during the base flood discharge.
Sec. ?D-66. Bo;,rd of Appeals - Special Permits.
21-66. 1 If an,,, Lcitid in the Flood Plain -is defined in Section 20-63 is found
by the Board -)f Appeals not in fact to be at or below the level of the base
flood (109 year flood) , not to be unsuit..ahle t;ecause of drainage conditions,
or if the proposed action is not inconsistent with the purpose of this Bylaw,
the Board of Appeals may crr.gnt, after a putlic hearing with due notice, a
special permit for the usi- :,r• development of such lard srnd for the construction
ar:d erection of :i ;r structure for any purpawe permitted in the
underlying district subject to reasanable conditions and safeguards. Any action
by the Board of Appeals shall not be construed to effect insurance determination
or rates.
21-66. 2 The application for a special permit shall include a plan prepared
And certified by a pr-)fessional engineer or land surveyor, registered in the
Commonwealth of Massachusetts. This plan will show all proposed and existing
buildings, structures, roads, ways, drainage facilities, and landscape
features (including; wetlands, trees, and the like) and other engineering and
hydrological data the Board finds necessary. The plan will show all existing
and proposed finished ground contours at one foot intervals.
20-66.3 The application for a Special Permit shall also include an environ-
mental impact statement prepared by an environmentally qualified registered
professional engineer. This statement will describe the impact upon the
physical environment of the proposed use.
2-3-66. 4 The Board of Appeals may waive the requirements of paragraph .3 if
it determines that the probable impact upon the physical environment of the
proposed use is to be minimal and that environmental impact statement is not
necessary to its consideration of the application.
20-66. 5 The applicant shall provide the Board with an original and seven
copies of the request and of any plan and/or environmental impact statement
required under paragraphs 2 and 3 above. The Board of Appeals shall within
seven days forward one copy of each to the Building Inspector, Planning
Board, Board of Health, and Conservation Commission. These agencies may
file written recommendations with the Board of Appeals within thirty days
of receipt of notification. The Board of Appeals shall not grant approval
of an application for a Special Permit until these recommendations have
been received or until expiration of the said thirty day period.
20-66- 5•1
In passing upon such request, the Board of Appeals shall consider all
technical evaluations. all relevant factors. standards specified in other
sections of this ordinance and:
(a) the danger that materials may be swept onto other lands to the injury
of others;
(b) the danger to life and property due to flooding or erosion damage
(c) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to
the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(g) the compatibility of the proposed use with existin,, and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(i) the s afety of access to the prnperty in timies of f] :P-)d for ordinary,
• and e-werivency vehicles;
(j) the expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and,
(k) the casts 3f ;rovidinz governmental services during and after flood
ionditi�ri:, irieluding mainter.ance and repair of public utilities and
facilities :suc•hs 3s sewer, gaff, Electrical, and water systems, and
streets and bridges.
20-66.6. The Board of Appeals may issue a permit under this Section if it
finds that:
The proposed LISP of the premises will not endanger the health and safety
of the occupants of 1-Ind within the flood plain or the public, or it may issue
a permit with such 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 rosy deny the application. The burden of showing that the
proposed development will not endanger health and safety and that it will be
an appropriate use of the land shall rest upon the developer, who shall pro—
vide such additional engineering and hydrological data as the Board of Appeals
deems necessary. The Board shall, as a condition of approval, require that
effective notice be given to prospective purchasers or existing landowners by
signs, notation on plans and permits, or otherwise, of past flooding of said
premises, and the steps undertaken by the petitioner or his successor in title
to alleviate the effects of the same.
20-66.7. Without limiting the generality of the foreEoing, the Board shall
insure:
(a) That new construction or substantial imp-ovements of residential
structures within the flood plain zone will -have the lowest floor (including
basement) elevated to or above the level of the 100 year flood.
(b) That new construction or substantial .improvements of non—residential
structures intended for human occupancy or employment, excluding open_walled.i
shelters for temporary use by outdoor recreationalists, within the flood plain
zone will have the lowest floor (including basement) elevated to or above the
level of the 100 year flood or, together with attendant utility and sanitary
facilities, be floodproofed as defined In sec. 21_64 up to the level of the
100 year f000d. Where floodproofing is utilized for a particular structure the
Board shall require certification from a registered engineer or architect of
the floodproofing and of the elevation to which the structure is floodproofed,
(c) That no use or structure shall be located in the designated floodway
which would result in any increase in flood levels during the base flood discharge.
(d) No fill or encroachments within the designated floodway shall be
permitted that would impair its ability to carry and discharge the waters
resulting from the 17} year flood, except where the effect on flood heights
is fully offset by stream improvements.
(e) That all other necessary permits for the proposed development (as
defined in sec. 2')_2) have been received from those Federal,state or local
govermental agencies from which prior uprQyal is req_t recL
(f) That adjacent communities and the Massachusetts Dept. of Environmental
Quantity Engineering, Division of Water Resources are notified prior to any
alteration or relocation of a watercourse, and that evidence of such notifications
is submitted to the Federal Insurance Administration, and that the flood carrying
capacity within the altered or relocated portion of any water course is maintained.
(g) That new construction (including prefabricated buildings) and substantial
improvements be anchored to present flotation and laterial movement, and be
constructed with flood resistant materials and methods.
(h) That new or replacement water supply systems and/or sanitary sewerage
systems to be located in the flood plain zone shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
Sec. ?7_"?, Cenprnl �tipul•itions.
2)_67. 1. A sublivin:iari, filed with the Plann.ine Ro:jrd urid�_-r chapter 41 of the
General Laws of Masse_ichusetts, shall meet the R u es and Regulations of the
Planning Board a . they apply to Flood Plain management. The subdivision as
approved by the Planning Board may be considered a single application when
subaitted to the Board of Apre3ls under this ordinance. (The action of the
Planning Board shall in na way limit the Board of Appeals in their decision
and setting of conditions).
21_67, 2• Nothir,,, contained in this ordinance shall Limit the authority of
the Board of liNalth 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.
2')_67. 3. A building permit issued by the Building Inspector before the
effective date of this ordinance shall be seemed to be a permit hereunder .
21_67.4. Any plans or applications submitted to any Board, Agent, or Author-
ity of the Town which concerns land within the Flood Plain shall be noted:
"This proposal is for land which lies in the Flood Plain and meets the require-
ments of the Flood Plain Ordinance".
20_67. 5. Any existing nonconforming uses or structures in the designated
floodway shall not be substantially improved but may be modified, altered,
repaired, or reconstructed, subject to regulations pertaining to nonconforming
uses, to incorporate floodproofing measures, provided such measures or such
modification, alteration, repair, or reconstruction do not raise the level of
the 100 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 21_66 shall be allowed beyond the
foundation stage, until the elevation of the lowest floor (including basement)
has been checked and certified in writing to the Building Inspector as being
the elevation as stated on the approved plans or higher. All final grades
or any change in topography shall be checked and certified in writing as being
according to the approved plans. Inspection and certification shall be made
by a registered professional engineer or land surveyor. All costs incurred
under this section shall be borne by the applicant, Records of these elevations
and certifications shall be maintained in the office of the Building Inspector
and shall be open to public inspection.
20-67.7• Records of the certification of the floodproofing of non-residential
structures as required in sec, 20_66.7 (b) shall be maintained in the office of
the Building Inspector and shall be open to public inspection,
20-67.8. Where interpretation is needed as to the exact location of the
boundaries the flood plain zone (for example where these appears to be a conflict
between a mapped boundary and actual field conditions) the Town Engineer shall
make the necessary interpretation.
Sec. .20_65.' Performance Guarantee.
The completion of all earth work not bonded orcovenanted under(Chepter 41
of the General Laws of Massachusetts shall be guaranteed with the Tuwn of Agawam
by securities or bond as required by the Town prior to commencement by any
earth work.
Sec. 20-69. Severability,
The invalidity of any section or provision of this Ordinance
for the regulation of the Flood Plain shall not invalidate any
other section or provision hereof.
SQL t, 0-7 0, Reservedi
Sec._20-71, Reserved.
`l,
TO BE ADDED TO SECTION 20-2
Sec. 20-2 Definitions
Base Flood: The flood having a one percent chance of being equaled or exceeded
in any given year. Also, referred to as the 100 year flood.
Development: Any manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
Flood Insurance Study:
The official report provided by the Federal Insurance Administration.
The report contains flood profiles, as well as the Flood
Boundary and Floodway Map, the Flood Insurance Rate Map, and the
water surface elevation of the base flood.
Mobile Bocce: A structure, transportable in one or more sections, which is built on
a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
TO REPLACE EXISTING DEFINITION
Section 20_2 Definitions
Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters
(2) The unusual and rapid accumulation or runoff of surface
waters frow any source
Floes The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more
than one foot.
Floodway Fringe: The land in the flood plain within a community subject to a
one percent or greater chance of flooding in a given year
that is located outside of the Floodway.
Substantial Improvement in the flood plain means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the improvement is
started, or (b) if the structure has been damaged and is being restored, before
the damage occurred. Substantial improvement is started when the first
alteration of any structural part of the building commences.
{
Sec. 20-_62
Tise Flood Plain Zone and the Qutat;a•on �i_n Lye been established
for the fol.lo'.ing purposes:
To protect and prener•re the water courses and their adjoining flood
plab; to rec'.�jce the hazards of floods upon the public health, safety and
general -4 lfare; to protect flood plain occupants from a flood that is or
may be caused by their own land use and that is or may be undertaken without
full real ization, of the dangers therein; to protect the public from the
burden of extraordinary financial expenditures for flood control and relief;
to protect the capacity of flood plain to absorb transmit and store runoff;
to assure re`,/entian of sufficient floodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land delineated on the map consisting of_two pages-entitled "Flood
Insurance 3a�e Naomi Town of +u._ },a5sachusetts,wHair,oden County, Effective
eoi_ a6a 1, 1975", as zone A-11, zone A-13, -zone_A-16, Zone A, Zone A_2, 'an d
one B be included in the flood plain zones This map is part of the Flood
nsurance Study evade_for the Town of Agawam by the U. S. Dept.--of Housing-and
Uraanevzlop�ent� _Federal Insural�ce_.ldminzstrati_on. _'fhis-Flood Insurance Study,
a ed Fe raary 1, 1978, with its_accowpan_ying Flood Insurance Rate Naps and •
Froze-$oundary ard 'loodkay Naps and_any. revison thereto are_ hereby adopted
by re-''erPnce and declared to b_e a_ part__of this_ ordinance. « In general terms `
t e F ood Plain Zone-is that land adjacent to the Westfield River, Connecticut
River and its tributaries and Still Brook which lie at_or-befo_ w the-elevatibn
o the_base flood _(L�0_yeg fl.00d)_as_ determined in the Flood Insurance Study.
The Flood Plain Zone shall be considered to. be,. superimposed over-_other_ zones
snown on the zoning snap, as a reco ition of the special hazards which exist
In sjc__ areas._ - - -
In Zone A areas where base flood elevation data is not provided by the
Flood Insurance Study_�ther avazlable_.data. from Federal,--State.. or other sources
shall be utilized asa..b3 s o"eterminiag_.the_base—flood_leyel for purposes of
enforcing the provision of this ordinance.
Sec. 20_64 Permitted uses
In those portions of the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State of Federal Permits
are obtained: -------- ------- --- --- --- ---•---------------- - .. ._
(1) Conservation of water, plants and wild life.
(2) Legally permitted outdoor recreation not requiring development or
landscape alteration in conflict with the purpose of this zone.
(3) Grazing, forestry and other farms or agriculture consistent with the
purposes of the zone.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building permits for substantial in;orovements or extensions shall be
granted unless a Special Permit is granted by the Board of Appeals.
(5) Proper operation and r;intenance of dams and other water control devices
(6) Construction and srainLe:;nnce_of hir-hways,__streets,_ sidewalks, sewers,
water mains, storm drains, _utilities and related facilities by governmental-
agencies providing that the_water_and s.w-r_ vster,.s_and_ut_ilities_be designed and
constructed to minimize flood_dzaage_and -to_minimize_or eliminate infiltration of
flood water into-the systems and -discYarges from the systems into flood waters.
r
(7) The follow .ng uses by s?r gial p�-ni,it as provided by Sec. 20-66 if
deterc:ined to be consistent with the purposes of this /.one, said determination to
be<5de by tt,e_B_oard, of Appeals-following application for a spacial per.«it by
tie or owners:
(a) D•avelo ed recreation facilities exc,e �tldin s.
(b) Utility l.inf_s and facilities.
(c) Rams and other water control facilities if in an authorized
plan by public agency or if built to create ponds for recreational or .agricultural
use.
(d) Minor buildings' incidental to permitted flood control, recreation,
agricultural, etc. uses, and not exceeding 200 square feet in ground coverage, if
constructed so as to not obstruct natural hydrological features and provided the
requirements of section 20_6(7)(e) relative to the elevation of the base flood
are met.
(e) In the� Hain
fringe.--the nu-mbered A zones,, Zone A, and Zone B,
that portion of�the Flood Zone outside_thefloodk.ay_ be- development of
structures for residential use only_if the lowest floor (including basement) is
elevate3-o or above the�lev-aj-of-the -base. flood--(100.year. flood).-and the
evelopment of structures for non-residential_use only if the lowest floor
(including-basement is elev@ted to_or.- above _the_level of the base flood (1.00
year flood) or together with the attending .utility_ and sanitary_ facilities is
flood proofed to or above the level the_hase flood. (10Q year flood,»provided
a special permit is issued—by_#she-Board of Appeals. _- The-term-"Floc, raofe�"_.sha'L
mean watertight wi-th_walls_substantially-±mpermeable to .the passage of--water and grit,
structural com onents having_the_cap ability_of resisting_ydrostatic and hydro—
dynamic loads and effects of buoyancy. _ —
Sec. 20_65 Prohibited uses.
In those portions of the Town so specified in Section 20-63 as Flood Plain,
the following uses of land shall be prohibited:
(1) The bulk storage of bouyant, flaunable, explosive or 'toxic materials.
(2) The addition, removal, or transfer of such quantities of material,
including trees, shrubs, and ground cover, that would reduce the water storage
capacity of the flood plain, obstruct the flow of flood waters in a floodway,
or otherwise adversely affect the natural hydrology of the area to the extent
that the base flood elevation would be_ raised cumulatively more than one foot.
The digging or drilling of a well intended as a source of douii H—Ic
water.
(4) The installation of septic tank or leaching fields or on-site waste
disposal systems.
(5) The placement or location of a mobile hone or the creation of mobile
home parj s or subdivisions. --- _--- - W — -� ----In land within the floodway_the_ followzng uses of land shall be prohibited
in addition to those listed above:
_(a)__Any development within the--portions of Town so specified as
Flood ay on the Flood_Boundary and_Floodway Mapes
b Erections construction^o_r_other creation or installation of
any building,__dam or other structure.
(c) No use or structure which would result in any increase in flood
levels during the base flood discharge.
C-
!and in the Flood Plain as defined in Section _2)-63 is found
not fact to be at or he-- the eve
.�-ID-a 15 -- l l. .. . - . .-of -the.j,.E:ae
not e unsui .r--ble 1.ecause of driin�Ee conditions,
t o 1�'
f I�ok "d is not pith the purpose of this Bylaw,
if tl-'e prof!:):�eaction
- - -- - I,-*,---,- - U"- f public I tK due notice, a-
f ..,,I)pc y C r a p,i C 6T,ring wi
the 0: a ' ',
fir t e -6p c t i on
t Ile or devel -ent of F-uch 1p.nd and for the c�,nsti
r)e c la, f b-u*,l-1-P- -'6F' 5t7r-6ctur. for any purpose permitted in the
ction i ng
ere V.- -- — ---- --any-purpose---'
ec .-Co reason,bi safeguards: Any action
� le conditions and safe�
di5trIct 5u 3 ?-. - -- - --
--oX determination
.-Lgr rates-
2�-66.2 The a,-1plication for a special permit shall include a plan prepared
,)rofessjunsl engineer or land surveyoi-, registered in the
lied by a I
and certil of Ma--s-3c�.,usetts. -This plan will show all proposed and existing
I P roads, ways, drainage facilities, and landscape
buildings, structures
features (incil.1d;2ne Wetlands, trees, and the like) and other engineering and
hydrological11 Board finds necessary. The plan will show all existing
data the intervals.
and proposed finished groiLnd contou-5 at one- foot inte. -
23-66.3 The application for a Special Permit shall also include an env-iron-
t state.m��-nt prepared by an environmentally qualifieA registered
m�-ntal 'mPac This statement v.-ill describe the impact upon the
professional en,, -er.
the proposed use.
,*,YE-ical envir:)nment 0.,
21-66- 4 Tie Board of Appeals may waive the rec%irements of paragraph .3 if
it deterr�nss- that the probable Impact upon the physical er%rirD.'I:T:--nt of the
at environmental impact statement is not
ODesed use is to be minimal and that p,,ecessary to its COn5ideration of the application.
2ri-66- 5 The applicant shall provide the Board with an original and seven
h e request and of any flan and/or environmental inpact statement
copies t graphs 2 and above. The Board of Appeals shall within
required under para
f each to the Bjilding Inspector, Plar-ning
seven days fon..z:rd one copy Of
Board of pe=-Jth, and Conservation Cz--mission. These agencies may
file -written recomm-n14ations with the Board of Appeals within. thirty days
.
of notification. The Board of Appeals shall not &-,ant approval
Of receipt ji,ation for a Special Permit until these recom;-aen�ations have
0 j, an P-F -
X ; ved or Until expiration of the said thirty day period.
been rece-
2,2-66. 5-1 upon zu,h request, the Board of kppea15 shall conEider all
-ant ac'or--. st anjar other dS specified in oer
C-V SpC
e_ua ,ion5. al
& ions Of this 01---
( an
) t e
materials Ray be swept onto other lands to the inju-v ah
Of w'ers; g
to life and property die to -flooding or er3s o. daca e
(b) _1L,e di-;,naer
--o f--t-h F-p-r-o p-o-Se::-f a-c i-13.ik-;�iid -iYs--'co'n tents-to f I o od
ti(C) EuSCADLI y
6. e�r
th --"ect 0 .1
the pro�osed facilit to
3�iiF rw"�r
rtance o es pl.�.�Ided Y
(d)
the c
he C IILTUM-Y;
facility of a w-mterfront location, wl�ere applicalbli!
t 0 th �Cil---.---- i----- —
(e) the necesE - - , "ect to -flooding or
VT o I -G-r, ions, not. sub.-I
(f) ihe 1 fi i� -—e7;
re
the pr3co-ze4z' -.:se with existir-c and =--'Lici-pated
'h-
_C,2dal
0 P A3 Co-
-h-
M4
2—Od Tm
(i) the -alety of access to the property in
t i rA:e s of flood f o r ordinary
el� C16§1
ti.e 4: xz,ecl,s•d lFhts, velocity, durati on, rate of rise and sediment
Of t,-�! t e rs ;.nd- the e'f rr__Cts of v;-�ve :�C.t,-, on
licable, eypec'ted A the- site , 'ind __ if
cI of ;�r_-vi 2n& E"erni`T,�!nt31' g services during end after flood
1 17,
. _ -nance a- Y)" n d' re n a i r o f
conditions ancl�eiij c public utiliti,., and
E-ctrical, a-rid Water
fa c )s as se,-I gas, el
- --b-'.. _
-
streets and --and
20-66-6- The Bcai,d Of Ai3Pe3ls 1`2y issue a Pc:1-111it under this- Section if it
finds that:
The propcsed use of tile premises will not End6nr_er the health and safety
of the occupants Of !end within the flood plain or the public, or it May issue
a permit vl,ith such conditions as it de�i,,;s necessary to protect health and
safety of the occupants and the p,.iblic or provide_ proper flood control or
protection, or it 'Ray deny the application. The. burden of showing that the
proposed development will not endanger health and safety and that it will be
an appropriate use of the land. shall rest upon the developer, who shall pro-
vide such additional engineering and hydrological data as the Board of Appeals
deems necessary, The Board shall, as a condition of.appr3vall require that
effective notice be given to prospectirie. purchasers or existing lando-,mers by
signs, notation on plans and yermits,' 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.
2'3-66-7. Aithout limiting the generality of the foregoing, the Bcard shall
Ansure:
(a) That new construction or sjbstantial improvernents; of residential
the flood plain zone will have the lowest f'
structures Wi thin 100r- (including
basement) elevated -to or above the level o.f the 103 year flood.
(b) That new construction or substantial improvements of nOn-re-si-4-ential
structures infeni for hurran occupancy or erriplo�y::.ent, excluding oPer-walled-;
shelters for temporary 'use by outdoor recreatio-.alists, within the flood plain
Z one will have the- lowest floor (including laser.-
_nt) elevated to Or above the
L, -
level of the 100 year flood or, together with attendant 'utilitY and sanit&ry
facilities , be floodprocfed as defined in see. n-64 uP to the ley I of I -i_S_�Ut I 1� U1
here flo= of:Lng
1: II I A
!0D year f000d. IL Le f_0_r :)ar_ti-,
Epard sirz-11 require certification from a I g! 1� he
1716--neer or arthitect of
n
the f1ood;;rOOfi_nF, a 5
(c) "hat no u5e or flcOaProofed.
.1 -- -ne ces-&-Ja-ed f,
which result- in any incre&Ee ir, f1cod levels d1zr__'n'g the - _�.00�wsy
b2se flood di-sc,
(d) Nc fAJ1 or encrodchM-!�tS vdthir. the derig_-�=ted -r-,,C:2w::y shail "ge
'Der rr,ItteA tnat would -!-,,P:-- r its Rb;`1i1Y to car:-j and di-sChar e the .�ate_s
A L
-.esulting fron, the 100 year flood, except W*Zere t�he effect X14 flo�,d !:eiphts,
offset by stream, imprc�vements_
is fully Of'
(e) That all other necessary permit for -,1-e
.'A ;rc-LEed :evelo;�:�tnt
AefLned sec. 2')-2) have IDee--i re--eive-_ Fe%rnlp, (a$
state C:.
iiie5 fr3r.. -r--hichl Z::L::1:'
X
That adjacent conarriunities 'and the Eassachusttts Dept- Of 'ETIVironmental
Quantity ,Fngi-neering, Division of Water Resources are notified prior to any
alteration or relocation of a watercourse, and that evidence of such notifications
is submitted to the Federal Insurance Administration, and that the flood carry-ing
capacity within the altered or relocated parl-I of any water colu-se is =-E-il-j'a-ned.
(g) That new construction (including pre-abricz,, d buildi_ng�) and s_Jbs" _-
;I1 1,e tantial
iiij,provements be anchored to present flotation and laterial movement, and be
constructed with flood resistant materials and rethDds.
(h) That new or replacement water supply systems rid/or sanitary se:-erage
& -Cl
systeiiis to be located in the flood plain zone shall be designed to xlini-ize or
elirr-inate infiltration of flood vEtErs in'LO 4-1te system and d;schar-&es P
systeuz into flood wavers. from the
ceC• 2,-'37• Ge.-_era'_ Etiruls;i_ns.
20-67. A s•a'tdivisioa, filed wit-h the Planning Board under Chapter 41 of the
Genes' La, of !ass-chusetts, shall ::--,:et the Rui ps and Pegulaticns of the
Flenni^_g Bc2rd as they apply to :lcod Kai- 7�a na ement. The subdivisicn as
app: cr_1 by Une r'an::_na Board may be c5r.side:ed a single application.when
subaLitted to the Soa:d of Appeals under this o:-d,n--nce. (The action of the
Planning Bc=_rd shall in no 'day limit the ..c;rd of App•aals in their decision
and setting of conditions).
2*)-67.2. Ncthirg contained in this or�_.-_.._¢ =r-a?1 l_ pit t^e authority of
;,he 3card of :iealth dwth respect to' pre=-ses ;.n the Flood P'_ain zone or affect
the 3pplicability of the building code to any building in the Flood Plain zone.
20-67.3. A building peradt issued ty the 3u;-'ding inspector before the
effect-eve date of this ordinance shall bo dee-od to be 3 permit hereunder .
20-67.4. Any plans or applications submitted to any Board, Agent, or Author-
ity of the Town ;which concerns land within the Flood Plain shall be noted:
"This proposal is for land ;which lies in the Flood Plain and meets the reouire-
wents of the Flood Plain Ordinance".
20-67. 5. Any existing nonconforming uses or structures in the designated
floodyway shall not be substantially,improved but may be modified, altered,
repaired, or reconstructed, subject to iegulations pertaining to nonconforming
uses, to incorporate floodproofing measures, provided such measures or such
modification, alteration, repair, or reconstriction do not raise the level of
the 100 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 23-66 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 :Wade
by a registered professional engineer or land surveyor. All costs incurred
under this section shall be borne by the applicant, Records of these elevations
and certifications_shall be maintained in the office of the Building Inspector
and sF-31Ybe open 'to public inppf-,-
20-67.7. Records of the certification_of the floo ploofing of nron.-residential
structures as re uired in sec. 20-66_7 (bi s'� 11 be RaintainedYin_the office of
the building Inspector and shall be open to public inspection,
20-67.8. 'n'here interpretation is needed as to the exact location of the
bou_nd3ries the flood plain zone for example ere there appears to be a conflict
Ue-t:Keen a mapped boundary and 3ctuaal_field_conditions - the Town inggW r 'srall'—
rrake the necesrag interpretation. _
Sec. -20-53. Perfor,.azce Guarantee.
The completion of all earth work not bonded or covenarted +.Lrder ;Ch3pt er "I
of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam
by securities or bond as re;uired by the Tc-.-:i prior to c:)z:7,eraca.ent by any
i
earth work.
r
20-67-1. A subdivision, filed with the Planning Soard under Chapter ! 1 of the
G-rye=?l L3::s of Massachusetts, shall .,eet the and Regulations of the
N nPr,i-�g pcard as they apply to Flood Kai- -y::a,e e n;. The sutdivision as
by the Pl an::_nz ?oard rzy be c:,r.=_icc:ed a single application. ..ihen
submit.ed to the Board of Appeals •,,nder this ordir?nce. (The action of the
Planning Board shall in no way i unit the Board of Appeals in their decision
and sestina of conditions).
21_67.2. Nethirg cont-ained. in this orv�:._..c. sr.??1 1_�it 'he authority of
the 3card of Health ;pith respect to pre:"gs i.Z the Flood ?'_sin zone or affect
the applicability of the building code to any building in the Flood Plain zone.
20-67.3. A building permit issued by the 3uiln;ns Tnspector before the
effect;.ve date of this ordinance 51;all �e von ed to be a Fen i hereunder
.
_ _gin t
2')_67.4. Any plans or applications sub-itted to any Board, Agent, or A uthor-
ity of the Town which concerns land within the Flood Plain shall be noted:
"This proposal is for land which lies in the Flood plain and meats the require-
ments of the Flood Plain Ordira_nce".
20_67. ;. Any existing noncon_'ormi-:g uses or structures in the designated
floodway shall not be substantially improved but may be modified, altered,
repaired, or reconstructed, subject to 'regulations pertaining to nonconforming
uses, to incorporate floodproofing measures, provided such measures or such
modification, alteration, repair, or reconst raction do not raise the level of
the 100 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 21-66 shall be allowed beyond the
foundation stage, until the elevation of the lowest floor (including basenznt)
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 trade
by a registered professional engineer or lard surveyor. All costs incurred
under this section shall be borne by the applicant, Rec-3rds of these elevations
and certifications shall be maintained in the office of the Building Inspector
and shall be opp:7'to Ublic inspection. _. _
20-67.7. Records of the certification_of the floodproofing of aon-residential
structures as_re ui_red in sec. 20_66_7(b) shy ll _be_ iraini.ained in_the office of
the Duilding Inspector and shall be open to public inspection,
20.-67.8. Where interpretation is needed as to the exact location ofthe
boezndaries the flood lain zonor_exa^,ptp _�~ere these appearws to be a conflict
Se en a m3oped bo+g_ndary andaetu?1-field_conditions the Torn b'ngimer shall '-
Hake the necesCary interpretation. Y_ _
Sec. .20_69. Performance Guarantee.
The completion of all earth work not bonded or covenanted r.der ;CnsrLer 4i
of the General Laws of i?assac` us etts shall be guaranteed with the Town of AgaWarr.
by securities or bond as required by the To-.•i prii r to co.+.ence.ent by any
d(
earth work..
Sec . 20-6 . Sey(-, rabiIi t ram.
The invalidity of any section or provision of this Ordinance
for the regulation of the Flood Plain shall not invalidate any
other section or provision hereof.
Reserved._
Sec . 20=11_ Reserved.
TO HF .ADDFD TO SFCTION 20-2
S
Sec. 20-2 Definitions
Base Flood: The flood having a one percent chance of being equaled or exceeded
in any given year. Also, referred to as the 100 year flood.
Develo -,cent: Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, alining, dredging,
filling, grading, paving, excavation or drilling operations.
Flood Insurance Study:
The official report provided by the Federal Insurance Administration.
The report contains flood profiles, as well as the Flood
Boundary and Floodway Map, the Flood Insurance Rate Map, and the
hater surface elevation of the base flood.
Mobile }lore: A structure, transportable in one or more sections, which i s * built o
a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. it
does not include recreational vehicles or travel trailers.
r
! r
TO REPLACE EXISTING DEFINITION
Section 20-2 Definitions
Flood or Flooding: A general and temporary condition of partial or complete
inundation of norually dry land areas from:
(1) The overflow of inland or tidal waters
(2) The unusual and rapid accumulation or runoff of surface
waters from any source
Floodwa• The channel of a river or other watercourse and the adjacent Land
areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more
than one foot.
Floodwa Frin e: The land in the flood plain within a community subject to a
one percent or greater chance of flooding in a given year
that is located outside of the Floodway.
r r
APIENDKENTS TO SUBDIVISION RULk;S & REGULATIONS
TO BE ADDED TO PREAMBLE-END OF 2nd PARAGRAPH
The purpose of these rules and regulations is to assure that subdivision
proposals and proposals for other developments, including their utilities
and drainage are located and designed to be consistent with the need to
wi.nimize flood damage.
TO REPLACE RULE #+1
1. The finish grade of land at all sides of any residential building shall be
-tat at an elevation above the base flood level as determined by the Planning
Board from the Flood Insurance Study.
TO REPLACE RULE #t2
2. Within that portion of the flood plain zone located in the flood►+ray fringe
the total area may not be removed from the flood plain storage or be graded
in such a way to cause additional hazard to the remainder of the flood plain
areas. No more than one/third of the total area nay be regraded or filled.
Withio the floodway, no filling or regrading may be dons. .
TO REPLACC RULE d!
5. All plans and proposals reviewed by this Board which lie in the Flood Plain
Zone shall so be stamped or legally noted with the base flood elevation
Indicated so that land owners and future occupants shall be aware of their
responsibilities. This notation shall be endorsed on Form A's, „Subdivision
Control Not Required", Site Plansf of well as Form B/a "Subdivision Control",
preliminary and definitive plans.
TOWN CLFRK'OFFICE' ce ,
AGAWAK INIASS.
Sec, 20-62 Purposes ����77 ff pp
The Flood Plain Zone and the kgJJ�'dn`qq§ 9UU Have been established
for the folly-.-.ng purposes:
To protect and preserve the water courses and their adjoining flood
plain; to reduce the hazards of .floods upon the public health, safety and
general welfare; to protect flood plain occupants from a flood that is or
may be caused by their own land use and that is or may be undertaken without
full realization of the dangers therein; to protect the public from the
burden of extraordinary financial expenditures for flood control and relief;
to protect the capacity of flood plain to absorb transmit and store runoff;
to assure re:,entign of sufficient floodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land delineated on the map _consisting of two pies entitled "Flood
Insurance Rate Mao Town of awes assachus-e ts, Hair ex County, Effective
e ruary 1, 1978", as zone A-11 zone A--1 . zone A-16, Zone A, Zone A--2,-'and
Zone B be included in the flood pLzin zone. This map is part of the Floodv
surance Study grade for the Town of Agawam b ttse ( .�5. }ept.af-Housang`arid
roan Development,_ Federal_Insurance Aftiriistrati an- This Mood IrisuTarice-Study,
ated Fe^ruary 1, 1978 with its accompanying Flood Insurance Rate Baps and —
00 oundary and Floodway Naps and_any revision thereto are hereby adopf;ed,�
y reNrence and declared to be—aa art of this ordinance. In general terms
t e Food Plain Zone is that land adjacent to the Westfield River,
Connecticut-
Yer and its tributaries and Still Brook which lie at or below t e er vatlbn
o the base flood l 00 ear f�ood)_as deterzained in the F]oodInsurance Study.
The Flood Plain Zone shall be considered_to-be-superimposed over other zones
shown on the zoning map, as a recognition of the special hazards which exist
In such aTEas,_ Y -
In Zone A areas where base flood elevation data is no't provided by the
Flood Insurance Study other. yailab�ta_from Federal,r-State, or othor other sources
shall be utilized as b s -f--de_termi.ning-the_base-flood_,Ie eZ for ur ases of
enforcing the provision of this ordinance.
Sec_ 20_64 permitted uses
In those portions of the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State of Federal Permits
are obtained;
(1) Conservation of rater, plants and wild life.
(2) Legally permitted outdoor recreation not requiring development or
landscape alteration in conflict with the purpose of this zone,
(3) Grazing, forestry and other farms or agriculture consistent with the
purposes of the zone.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building perad is for substantial imorovemants or extensions shall be
granted unless a Special Permit is granted by the Board of Appeals.
(5) Proper operation and maintenance of dams and other water control devices.
(6) Construction and maintenance of highways, streets, sidewalks, sewers,
water uz ins, storm drains utilities and related facilities by governmental—
agencies providin that the water and sewer systems and utilities be designdd and
constructed to minimize flood damage an4 to riinimize or eliminate infiltration of
pod water into the systems and discharges from the systems into flood waters.
(7) The folio-g g uses by special as provided by Sec. 20-66 if
determined to be consistent with the--purposes of this_zone, said determination to
be ma a by the Board of Appeals-fallowing-application for a special permit. by
the landowner or owners:
(a) Developed recreation facilities except_buildings.
(b) Utility lines and facilities.
(c) Dams and other water control facilities if in an authorized
plan by public agency or if built to create ponds for recreational or -agricultural
use.
(d) Minor buildings incidental to permitted flood control, recreation,
agricultural, etc. uses, a_nd not exceeding 200 square feet in ground coverage, if
constructed so as to not obstruct natural 'hydrological features and provided the
requirements of section 20_6 7)(e) relative to the elevation of the base flood
are met.
(e) In the floodway fringe the numbered A zones Zone A, and Zone B,
that portion of the Flood Plain Zone outside the floodway the development of
s ructures for residential use one if the lowest floor Jincluding_basement) is
e evaLe to-or above the leve�f_the_base-flood 4100_year_flood� _an _the
evelopment of structures for non-residential use only if the lowest floor
inc u asement is elevated tom.abovi-,__the,_.level, of, the base f1ood_ {100
Year flood or to ether with the attending_utili.ty and sanitary_ facilities is
flood proofed to or above the level of the base flood 100_year flood provided
a special permit is issued by theoard_.of 4ppeals.___.The_ter.m"Flo_Qdproofed hs all
mean watertight W:'tb walls_substantially—impexmeable_to_the passage of—water—and—with
structural components havin the ca abilaty of res_i_stinghydrostatic and hydro-
dynamic loads and effects of buoyancy, ��
Sec. 20-65 Prohibited uses.
' In those portions of the Town so specified in Section 20_63 as Flood Plain,
the following uses of land shall be' prohibited:
(1) The bulk storage of bouyant, flammable, explosive or toxic materials.
(2) The addition, removal, or transfer of such quantities of material,
including trees, shrubs, and ground cover, that would reduce the water storage
capacity of the flood plain, obstruct the flow of flood waters in a floodway,
or otherwise adversely affect the natural hydrology of the area to the extent
that the base flood elevation would be raised cumulatively more than one foot.
(3) The digging or drilling of a well intended_a_s a source of domes�£'i'c
+ water.
j4) The installation of septic tank or leaching fields or on—site waste
s disposal systems.
(5) The placement or location of a mobile home or the creation of mobile
home parks or subdivisions.In land within-the floodrray_the following uses_ of land shall be prohibited
in addition to those listed above:
(a)_Any development within the portions of Town so specified as
Flo_odway on the Flood Boundary and Floodway Map.
(b) Erection, construction or other creation or installation of
any building,_ dam or other structure.
(c)� No use or structure which would result in any increase in flood
—levels during the base flood discharge. --�"
c.c. 2:�_66. 3card of ;rpea!s - Dp,_c_a
2)_66:1_ if any land in the Flood Plain as defined in Section 23_63- is found
t• the Board of •kppeea?s not in fact to be at or below the 'level of yh��e
flood 10100 year floo�j , not o e unvui'.able because of drainage_-conditions,
�. if the rDpcsed action is notncan�istentTwith the purpose of this Bylaw,
the Board of Appeals may grant;After a p pi
u lic`h ang with due n�tice_,_a_
special permit for t e use or aevelo?ment of such land and for the_co.nstruction
and erection of a �'ztd�ng�or str c ure for ary purpose permitted in the
ahxct sJecoreasonaecont
underlying distr ions and safeguards. An
acti9n
t e Boa of-Appeals Stf311�iot be cors�:r-uea�,o Affect insurance determination _
,o:_rates. -
2'3_66. 2 The application for a special permit shall include a plan prepared
and certified by a professional engineer or land surveyor, registered in the
Conmon,.•:ealth of Massachusetts. This plan will show all-proposed and existing
buildings, structures, roads, ways, drainage facilities, and landscape
features (including wetlands, trees, and the like) and other engineering and
hydrological data the Board finds necessary. The plan will . show all existing
and proposed finished ground contours at one foot intervals.
2,)-66.3 The application for a Special Permit shall also include an enviror._
m::ntal impact statement prepared by an environmentally qualified registered
professional engineer. - This statement vdll describe the impact upon the
physi cal environment of the proposed use.
2)-66. 4 T'he Board of Appeals may waive the reouirements of paragraph .3 if
it d,to_ ,, es 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.
2r-)_66. 5 The applicant shall provide the Board with an original and seven
cop1es of the re quest and of any plan and/or environmental ia0act statement
required under paragraphs 2 and ; above. T:ze Board of repeals shall within
seti-en days for'�.ard one copy of each to the B+�ilding Inspector, Pl?ra*�ing
Board, -_Po? o f Bealth, and Con5ervati on C M-raission. These agencies r,ay
file ,,,ritten TeCorimencations with the board of Appeals within thirty days
of receipt of notification. The Bard of Appeals shall not grant approN-al
of an application for a Special Permit until these re c optumenda tions have
been rece'v-d or until expiration of the said thirty day period.
0-66. 5.1 on such request, the Board of Ap p = shall*
� _
�� Da_sin up P a_s has consider all
technica_ evaluations. a-' re_eti-ant factors s�anjards specified-in other
o s orinnce .
sections
(a} e caner that materials may ce {wept onto other l -�cs to the_inju:-y
of others; -
(b) -the danger to life and property c:e to -flooding or e,o- 1 damvge
(c� P tibilit of e propDs�ta�ilit audits CD tents to flood
�;:e suscep�_ y �' _
cnd ec ' & t e �noi� cual o:��er;f suc
a
(d) the iirpo:tance of te e ser*'ices pr,rided b} the proposes facility to
the C OIfL'T'.11rl..]';
(p� t},e necess�Ly to the iaCal]�y of a wa'.er`'ront lOCaticn, ha:�='e appliCap�e;
}}1e Y--azl?bilitS O��ec%lD'!S, DO4. sL1b�pCt t0 f10J^.ing or ---
(i'1 et'OsiDn Ca ale, for the pr���5'a�5e
l j1�o CDMloatibility Uf Les^raeDsed , se ai:"I eY�stii o � ?F'�iC ated
?1 iD O:� the F:Dj D-p! "a-p tZ trip C'�:a�:e::�"_.�_n plan and
1 �lOOd D}?1T: aQe:_'n area; -
(1) the safety of access to the property in tiurss of flood for ordinary
and emerr
the expected heights, velocity, duration, rate of rise_and sediment
{j) _____� rt of the flood Ma - -Die and tlie effects of leave action, if
,,ra n 5 P -----•
aj�licable, expec,12 ai �.he Hll&• and
{k){he costs of provida.ng po rnmental' services during and after !'food
conditions fine uding maintenance and-repair oS publzc_utilities_.and
facilities sue s as sewer, gas,eleical, and grater systems,_and
streets an l iddZes.
20-bb- b. 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 ;,rithin the flood plain or the public, or it may issue
a permit v:ith 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. Tbe• burden of showing that the
proposed development will not endanger health and safety and that it 'will be
an appropriate use of the land• sball rest upon the developer, who shall pro-
vide such additional engineering and hydrological data as the Board of Appeals
deems necessary. The Board shall, as .a condition of .approval, require that
effective notice be given to prospective. purchasers or" existing landowners by
on and permits,' or otherwise, of past Flooding of said
signs, notation
e steps undertaken by the. petitioner or his successor in title
premises, and th
to alleviate the effects of the same. ,
20-65.7• 4+ithout lim;ting the generality of the foregoing, the Beard shall
Insure: , , ♦" i r
(a) That new construction or substantial improvements o_ residential
tures within the Flood plain zone will have the lowest floor. (including
basement) elevated -to or above the level of the 1-0-3 year• flood.
(b) t .
elev new construction or substantial iLproverrents of non-resitiential
st ar-uses =nte-nAed for hurrann occupancy or employn.ent, excluding oper._walledd
shelters for temporary u5e by outdoor recreationalists, within the flood plain
zone will have the- lowest floor (including baser-ant) elevated to or above the
level .of the lOD yea_' flood or, tGgather '.ith attendant utility and sanitary
r
f?C111iZeS , be floodorocfe`d as del_i
ned in sec. 21- up to the level o; the
year e000d. l izeOr;!i;e_ fl O^.CDrrJ9_iTl� 3s ut a rticular StrllCt' I-he
�1 ro �i*e CeltifiCation from a registered engineer or arthitec of
`D?rd'`}1`1"OaTp':b ann O,��1e alPti•arp�t i3� '.:iS 5,ructure is f c3aDroofed.
{ha f;GGd�T L'�p a.. ;,;11C�'.1r$ S'.:��1 Ds-1CCa�e -r: CeS1a. .e� f^oD�r:a3r
=} .2^.t no
-•( r an; ;:c;ea a 2:, flood leVe sd- wr_Tg the bass flood dischargs.
1:h1c^ resin: fi
ithin the Cool =_ted �,e
f l l ;�� a 1: Oar '�Ier S C.^ S_':a_1
(d)r No_t-1rio'.r07 _ 1cr"?-rlts ?j?li y t0 carry and di—scha;Fo the wat.e_5
+•,o rT�t lr the l70 year f'1ooa, pY.Ce p� i.:,era }..rip effect D_e f170^ }SIE:]tS�
esulting f'set b�• stream it:,prolar�`'n s•
is
fu/l; a i ll Other npCe55G'"Vrperm.-d's for the rCY^sed Gevelo--nt (as
\e That a Aofined —2) have been ree :el Ye fro 'Lh,s'e rFCc"pl,state Or io:al
�� -sTl4�a5 jr�ry Y:.i1 _ - __ _ - _
C.'a+•r.a.:��� Gam.. _ ._.—�- _"�---- - "=..�
-- - V That adjacent com.Tunities 'and the Fassachusetts Dept. of Fnvi.ro_nmental
f Division of Vater Resources are notified prior to any
Quantity ngineering,
of a watercourse, and that Evidence of such notifications
alteration or relocation
is submitted to the Federal Insurance;Administration, and that the flood carrying
capacity within the all.ered or relocated portion of any water course is maintained.
That new construction (including pre;abrica..ed buildings) and substantial
(g)
improvements be anchored to present flotation and laterial movement, and be
constructed with flood resistant materials and rLethods.
(h) That new or replacement water supply systems a,-nd/or sanitary sewerage
systems to be
located in the flood plain zoo shall be designed to mirdimize or
� _'
elimi-hate filtration of flood waters into t re systems and discharges from the
systems into flood waters.
Sec. 2"_57. General Stirulati,=s.
2').-6?.l. A subdivision, filed xiUh the Planning Board under Chapter 41 of the
General Laws of Massachusetts, shall neet the Rules and Regulations of the
Plar:nizig Board as they apply to Flood Plain z�anagement. The subdivision as
approved by the Panning Board may be cxsid2_ed a single applicati�n•when
submitted to the Board of Appeals wider this ordinance. ('one action of the
Planning Board shall in no way limit the Baa:-d of Appeals in their decision
and setting of conditions).
20-67.2. Nothirg contained in this ordi~.anoQ sh ll 1;mi t t^p authority of
the Board of Health with respect to preri=ss in the Flood ?lain zone or affect
the applicability of the building code to any building in the Flood Plain zone.
20-67.3• A building permit issued by the Bui1dAng inspector before the
effective date of this ordinance shall be teemed to be a permit hereunder .
21-67.4. Any plans or applications subMitted to any Board, Agent, or Author-
ity of the Town which concerts land within the Mood Plain shall'be noted:
"This proposal is for land which lies in the Flood Plain and meets the require-
ments of the Flood Plain Ordinance".
20-67. ;. Any existing norcon`'orznzig uses or structures in the designated
flood3y shall not be substartially improved but may be modified, altered,
repaired, or reconstructed, subject to 'regulations pertaining to nonconforTd.ng
uses, to incorporate floodproofing measures, provided such measures or such
modification, alteration, repair, or reconstr^zction do not raise the level of
the 1-00 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 23-66 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. A11 final grades
or any change in topography shall be checked and certified in writing a5 being
according to the approved plans. Inspection and certification shall be trade
by a registered professional engineer or land surveyor. All costs incurred
under this section shall be borne by the applicant, Records of these elevations
and certifications shall be maintained in the office of the Building Inspector
andshall -_open •to public inspection. _--_w- ----_....__._ ___ _.._
2?-67.7. '.records of the certification of the floodpr2pfing�of mn.-residential
structures as recuired in sec. 20-66.7(!�)_ shall be maintained in the office of
the building Inspector and shall be open to pub lc inspection!
20-67.8. Where interpretation is needed as to the exact location_of the
boundaries the flood lain zone for example ':ere there appears to-be a conflict
between a mooed boundaU and?etual field conditions) the 'To-wn sngUFer shale`
?rake the necnssarj interpretation.
Sec-. -20-68. Per for-ance Guarantee.
The completion of all earth worse not bonded or covenarted under ;Chapter 41
of the General Laws of Massachusetts shall be guaranteed with the Tvwr± of Agawam,
by securities or bond as requ;red by the To---n prior to comnencesent by any
earth work. .
Sec. 2.'�_67. General Stipulatic^s.
20-67.1. A subdivision, filed with the planning Board under Chapter 41 of the
General. Laws of Massachusetts, shall T,eet the Rules and Regulations of the
Pla ni^g Bcard as they apply to Fisod Fain z-anage ant. The subdi vision as
approved by the Planning 'Board �: be considered a single application-when
submitted to the Board of Appeals :Lnder this ordinance. (The action of the
Planning Board shall in no way limit the 'Board of Appeals in their decision
and setting of conditions).
20-67.2. Ncthir-m contained in this or__.ance shall limit the authority of
;.he Board of Health with respect t6 in the Flood Plain zone or affect
the applicability of the building code to any building in the Flood Plain zone.
20-67-3. A building perrit issued by the 31ailding ?nspector before the
effective date of this ordinance 5ha}1 be voA-PP3 to be a permit hereunder .
20-67.1+. Any plans or applications subs;yted to any Board, Agent, or Author-
ity of the Torn ,nich concerns land within the Flood Plain shall be noted:
"This proposal is for land which lies in the Flood Plain and meets the require-
ments of the Flood Plain Ordinance".
20-67. s. Any existing norconroraing uses or structures an the designated
flood ray shall not be substantially improved but may be modified, altered,
repaired, or reconstructed, subject to regulations pertaining to nonconforming
uses, to incorporate floodprooiing measures, provided such measurAs or such
modification, alteration, repair, or reconstruction do noL raise the level of
the 100 year flood at any point.
20-67.6. No new construction, alteration, or extension of structures for
human occupancy as permitted under Section 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 ;Wade
by a registered professional engineer or land surveyor. All costs incurred
under this section shall be borne by the applicant, Records of these elevations
and certifications shall be maintained in the office of the Building Inspector
an s a be o en 'to Rublic inspection—.
20-67.7. Records of the certification of the floodproofing of non-residential
structures as recuired in sec. 20-66.7. N shalll. be xaintained in the office of
the Buildino�Inspector and shall be open to public inspection, ��-
20-67.8. Where interpretation is needed as to the exact location of the
boundaries the flood lain zone for ex?mnl� there apcears'to be a conflict
be t+.een a map ed boundaz�a_nd?etu1Meld conditions the To°+m &igiineer s a7?`
snake the neces_ar-y interpretation. ---
Sec-. .27-68. Perform-ance Guarantee.
The completion of all earth work not bonded orcovenanted under Chapter 411
of the General Lags of Massachusetts sal be guar-anteed with the T.,wr_ of Agawam
by securities or bond as required by the To-An prior to cow::ence:Lent by any
earth work. `
Sec. 20-6 . Severabi.lit .
The invalidity of any section or provision of this Ordinance
for the regulation of the Flood Plain shall not invalidate any
other section or provision hereof.
Sec. 20- 0. Reserved
Sec . 20 Reserved.
P
t
TO BE ADDED TO SECTION 20-2
t _
Sec. 20-2 Definitions
Base Flood: The flood having a one percent chance of being equaled or exceeded
M in any given year. Also, referred to as the 100 year flood.
Development_ Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
Flood Insurance Study:
The official report provided by the Federal Insurance Administration.
The report contains flood profiles, as well as the Flood
Boundary and Floodway Yap, the Flood Insurance Rate Map, and the
t:ater surface elevation of the base flood.
Mobile Home: A structure, transportable in one or more sections, which i s- built on
a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
TO REPLACE EXISTING DEFINITION
• Section 20-2 Definitions
Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters
(2) The unusual and rapid accumulation or runoff of surface
waters from any source
Floodwax The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more
than one foot.
Floodwa Frin e: The land in the flood plain within a community subject to a
one percent or greater chance of flooding in a given year
that is located outside of the Floodway.
ARTICLE XIV-A i{N-A-].
cn &J FLOOD PLAIN DISTRICT
Ui
erection A-1400 Flood Plain District. The Flood Plain
�- District is herein ' established as an overlay district and
oincludes all special flood hazard areas designated as Zone
o-q c"A, Al-30 on the City of Springfield Flood Insurance
`=Rate Maps (FIRM) , and the Flood boundary and Floodway Maps,
Panel 250150 dated February 1980' which is made a part of
this by-law and which is on file in the office of the City
Clerk, Planning Board and Building Inspector. These maps
are incorporated herein by reference. -
Section A-1401 Develol2ment Regulations. The following
requirements apply 'in the Flood Plain Districts
1. Any construction, development, or grading of any nature
or description within the Flood Plain District shall not be
commenced until an application for a Special Permit has
been approved by the Board of Appeals.
2. Application to the Board of Appeals for a Special Permit
shall be accompanied by a plan which shall show the followings -
a. Boundaries and dimensions of the area involved.
b. The location, dimensions and mean sea level of the lowest
habitable floor, including basement of.-existing and proposed
buildings and structure thereon, and the elevation to .which
the structure has been flood-proofed.
c. All plans shall show two W -foot contour intervals and
contours shall be delineated within two hundred (200)`- feet
of the proposed oonstruction.
d. When neighboring communities are effected by. altered or
relocated watercourses, said communities and the riassachusetts
Division of Water Resources shall be notified prior to the
commencement of such activity. Submit copies of said no_tir.
fication to Federal Insurance Agency. (F. I.A.)
e. All permits required by Federal or State Law, including
Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, •'33 U.S.C. 1334, have been or are in
the process of- being obtained.
f. Any other information as is deemed necessary by the
Special Permit Granting Authority to indicate the complete
physical characteristics of the area and the proposed con-
struction and/or grading thereof. '
3. Plans shall be prepared by a Professional Engineer or
Land Surveyor registered in .the Commonwealth of 'Massachusetts
and shall show and make adequate Provisions for the following:
a. The protection, preservation and maintenance of the water_
table and water recharge areas.
b. The preservation and maintenance of the natural stream
channel plus sufficient width of overbank areas for the
r
passage of 100 year- flood flows so as' not to increase ,the
100 year flood water surface elevation more than one
foot at any point within the Community.
C. The retention of„existing ;floodwater storage capacity. ;•, ,;':.,
d. Prevention of flotation, , collapse andmovement of structures. • .,%; .} :r
e. Prevention of flood damage to public 'utilities including .`
sewer, water, gas, and electric.
f lithin Zones Al ''30, all new construction and alterations
or additions (the cost of which alterations or additions ' ,, :`;,•; , .
equals or exceeds 50 percent of the present market value '
of the existing structure) of residential and nonresidential
structures shall have the lowest floor including basement
elevated to or above the base' flood elevation (the 100 year '
flood elevation designated on the FIRM or in the case of a
nonresidential structure with Zones Al-30 shall have the '1ow'-,
est floor, including basement,. .elevated, to or above 100 yea;.
flood level, or together with attendant utility"and 'sani'tary
facilities be designed so that below the 100 year flood
level, the structure is water tight.
g. Within Zone A, i'n the absence of F.II.A, base flood eler,
vation data, the applicant shall obtain and submit other
available data from: a Federal, State 'or other source as
criteria for requiring that any new construction, alteration
or addition of residential structures, shall have the lowest .
floor, including basement, elevated to or above the 100 year
flood level and any new construction, alteration or addition
of nonresidential structure shall have ' the lowest floor, ,
including basement, ' elevated or flood.-proofed to or above the . ,
100 year flood level.
h. Where watertight flood-proofing of a structure is permit-
ted, a professional engineer or architect registered in the .,
Commonwealth of Massachusetts shall certify that the methods
used are adequate to withstand the flood depths, pressures
and velocities, impact and uplift force and other factors ' .
associated with the 100 year flood.
i. Located within the Flood Plain District are areas design '
nated as floodways.• • Since the •floodway is an extremely
hazardous area due to the velocity of Flood Waters which '
carry debris, potential proJectilest and erosion potential,
the following provisions shall apply: �
l. 'Encroachment, including fill, new construction, ,
any alteration pr addition and other development '
shall be prohibited unless certification. by -the
engineer, surveyor or architect is provided demon-
strating that encroachments shall:.;.not' result in any
increase in flood 'levels during the occurrence of " ,
100 year flood; and the Hoard of Appeals is .satis-
fied that the encroachment will not derogate from ,
the intent of this section of the ,Eby-law. r
;.
2. If Section 3, 1 (1) above is satisfied, all new ' }'
construction and any alteration or addition shall r.
comply with' allYprovisions of 'Seciion A-1401. '
3. Within foairteen (14) days aftea receipt of the .
application by '.the Board of. AppeaJ.;s, the Board of
X IV-A-3
shall transmit-,copies thereof, together with copies
of the accompanying plan. to the .Board of Health,
Engineering Department and the Conservation Commis-
sion or any other agency. Such agencies shall in-
vestigate the application and report in writing
their recommendation to the Board .-of Appeals. The
Board of Appeals shall not take final action on
such application until it has received a written
report from tho_ above agencies or until forty-five
(45) days have ;elapsed without receipt of said
reports.
Section A-1402 'Com fiance with other Statutes. Nothing
contained in this. section shall excuse compliance with ^,
the Wetlands Protection Statutes, General Laws, Chapter 131,
Sections 40 and 40A, or any other laws of the Commonwealth
of Massachusetts. ,
Section A-1403 Disclaimer of Liability. This zoning by-
law does not imply that land outside the areas of the
Flood Plain District or uses permitted within such dis- •
trict will be free, from flooding or Flood damage. This
by-law shall not create liability on the part of the City of. .. -, . -.
Springfield or by any official thereof' for -any flood
damage that may result from reliance on this by-law or-
any administrative decision lawfully made thereunder.
Section A-1404 Mobile Homes and Mobile Home Parks.
Mobile homes and mobile home parks are not permitted
within the Flood Plain District.
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