East Longmeadow City Zoning Code
ARTICLE IV
Floodplain Overlay District Regulations
§ 450-4.1 Purpose.
The purpose of the Floodplain District is to:
A.
Ensure public safety through reducing the threats to life and personal injury;
B.
Eliminate new hazards to emergency response officials;
C.
Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding;
D.
Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
E.
Eliminate costs associated with the response and cleanup of flooding conditions; and
F.
Reduce damage to public and private property resulting from flooding waters.
§ 450-4.2 Floodplain District boundaries.
The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of East Longmeadow designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the Town of East Longmeadow are panel numbers 25013C0408E, 25013C0409E, 25013C0416E, 25013C0417E, 25013C0430E and 25013C0440E, dated July 16, 2013. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. Between May 20, 2013, and July 16, 2013, the September 15, 1978, maps are to be used, after that date, the July 16, 2013 version shall apply (if completed). The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Commissioner.
§ 450-4.3 Base flood elevation and floodway data.
A.
Floodway data. In Zones A, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B.
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
§ 450-4.4 Development regulations.
The following requirements apply in the Floodplain District:
A.
Any construction, development or grading of any nature or description within the Floodplain District shall not be commenced until an application for a special permit has been approved by the special permit granting authority.
B.
Application to the special permit granting authority for a special permit shall be accompanied by a plan which shall show the following:
(1)
Boundaries and dimensions of the area involved.
(2)
The location, dimensions and mean sea level of the lowest floor, including basement, of existing and proposed buildings and structures thereon, and the elevation to which the structure has been floodproofed.
(3)
All plans shall show the two-foot contour intervals, and contours shall be delineated within 200 feet of the proposed construction.
(4)
Whenever there is any alteration or relocation of a watercourse, abutters, neighboring communities and the Massachusetts Department of Conservation and Recreation shall be notified prior to the commencement of such activity. Submit copies of said notification to the Federal Emergency Management Agency.
(5)
Notifications of the events as listed in Subsection B(4) above must be sent to all adjacent communities at the addresses listed below, which are accurate at the time of the writing of this bylaw:
NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street Suite 600-700 Boston, MA 02114-2104 |
NFIP Program Specialist Federal Emergency Management Agency, Region 99 High Street, 6th Floor Boston, MA 02110 |
(6)
Proof that 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. § 1341, have been or are in the process of being obtained.
[Amended 4-12-2022]
(7)
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 construction and/or grading thereof.
C.
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:
(1)
The protection, preservation and maintenance of the water table and water recharge areas.
(2)
The preservation and maintenance of the natural stream channel plus sufficient width of overbank areas for the passage of 100-year flood flows so as not to increase the 100-year floodwater surface elevation at any point within the community.
(3)
The retention of existing floodwater storage capacity.
(4)
Prevention of flotation, collapse and movement of structures.
(5)
Prevention of flood damage to public utilities, including sewer, water, gas and electric.
(6)
Located within the Floodplain District are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(a)
Encroachment, including fill, new construction, any alteration or addition and other development shall be prohibited within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge as specified in 44 CFR 60.3(d)(3);
(c)
Within 14 days after receipt of the application by the special permit granting authority, the special permit granting authority shall transmit copies thereof, together with copies of the accompanying plan, to the Board of Health, Engineering Department and the Conservation Commission or any other agency. Such agencies shall investigate the application and report in writing their recommendation to the special permit granting authority. The special permit granting authority shall not take final action on such application until it has received a written report from the above agencies or until 45 days have elapsed without receipt of said reports.
§ 450-4.5 Applicability of state regulations.
A.
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following:
[Amended 4-12-2022]
(1)
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high-hazard areas;
(2)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
B.
Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
§ 450-4.6 Permitted uses.
[Amended 4-12-2022]
The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:
A.
Agricultural uses, such as farming, grazing, truck farming, horticulture, etc.;
B.
Forestry and nursery uses;
C.
Outdoor recreational uses, including fishing, boating, play areas, etc.;
D.
Conservation of water, plants, wildlife;
E.
Wildlife management areas, foot, bicycle and/or horse paths;
F.
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage or sale or crops raised on the premises;
G.
Buildings lawfully existing prior to the adoption of these provisions.
§ 450-4.7 Compliance with other statutes.
Nothing contained in this article shall excuse compliance with the Wetlands Protection Statutes, MGL c. 131, §§ 40 and 40A, or any other laws of the Commonwealth of Massachusetts.