Hadley City Zoning Code
SECTION XIII
Flood Overlay District
§ 13.1 Statement of purpose.
The purposes of the Flood Overlay District are to:
(1)
Ensure public safety through reducing the threats to life and personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
(4)
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;
(5)
Eliminate costs associated with the response and cleanup of flooding conditions;
(6)
Reduce damage to public and private property resulting from flooding waters.
§ 13.2 Establishment of districts and flood hazard areas.
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Town of Hadley's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated June 1, 1978, and on the Flood Boundary and Floodway Map dated June 1, 1978. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated December 1, 1977. The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Building Inspector.
§ 13.3 Administration requirements.
13.3.1.
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
13.3.2.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
13.3.3.
Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
13.3.4.
Designation of Community Floodplain Administrator. The Town of Hadley hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.
13.3.5.
Permits are required for all proposed development in the Floodplain Overlay District. The Town of Hadley requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
13.3.6.
Assure that all necessary permits are obtained. Hadley's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
§ 13.4 Base flood elevation and floodway data.
13.4.1.
Floodway data.
13.4.1.1.
In Zones A, A1-30, 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.
13.4.1.2.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM or Flood Boundary and Floodway Map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
13.4.1.3.
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
13.4.1.4.
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
13.4.2.
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
§ 13.5 Notification of watercourse alteration.
13.5.1.
In a riverine situation, the Building Official shall notify the following of any alteration or relocation of a watercourse:
13.5.1.1.
Adjacent communities.
13.5.1.2.
Bordering states (optional).
13.5.1.3.
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation |
251 Causeway Street, Suite 800 |
Boston, MA 02114-2104 |
13.5.1.4.
NFIP Program Specialist.
Federal Emergency Management Agency, Region I |
99 High Street, 6th Floor |
Boston, MA 02110 |
13.5.2.
Requirement to submit new technical data. If the Town/City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief |
99 High St., 6th floor, Boston, MA 02110 |
And copy of notification to: |
Massachusetts NFIP State Coordinator |
MA Dept. of Conservation & Recreation |
251 Causeway Street |
Boston, MA 02114 |
§ 13.6 Use regulations and variances.
13.6.1.
Reference to existing regulations. The Flood Overlay 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:
13.6.1.1.
Section of the Massachusetts State Building Code which addresses floodplain areas (currently 780 CMR);
13.6.1.2.
Wetlands protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
13.6.1.3.
Inland wetlands restriction, DEP (currently 310 CMR 13.00);
13.6.1.4.
Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15, Title 5).
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. |
13.6.2.
Variances to Building Code floodplain standards.
13.6.2.1.
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
13.6.2.2.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official, that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.
13.6.2.3.
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
13.6.3.
Variances to local Zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:
13.6.3.1.
Good and sufficient cause and exceptional nonfinancial hardship exist;
13.6.3.2.
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and
13.6.3.3.
The variance is the minimum action necessary to afford relief.
13.6.4.
Other use regulations.
13.6.4.1.
All subdivision proposals must be designed to assure that:
13.6.4.1.1.
Such proposals minimize flood damage;
13.6.4.1.2.
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
13.6.4.1.3.
Adequate drainage is provided to reduce exposure to flood hazards.
13.6.4.1.4.
Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
13.6.5.
Permitted uses (b, c, d, e communities). 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:
13.6.5.1.
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
13.6.5.2.
Forestry and nursery uses.
13.6.5.3.
Outdoor recreational uses, including fishing, boating, play areas, etc.
13.6.5.4.
Conservation of water, plants, wildlife.
13.6.5.5.
Wildlife management areas, foot, bicycle, and/or horse paths.
13.6.5.6.
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
13.6.5.7.
Buildings lawfully existing prior to the adoption of these provisions.
§ 13.7 Seasonal uses.
13.7.1.
Recreational vehicles. In A1-30, AH, and AE Zones, fully licensed and highway-ready recreational vehicles may be placed on a site for not more than 179 consecutive days between May 1 and October 31 of each year.
13.7.2.
Notwithstanding any language in this bylaw to the contrary,
13.7.2.1.
Recreational vehicles are permitted in the floodplain on lots with Connecticut River frontage with the approval of the Community Floodplain Administrator ("CFA"), subject to the requirements of § 13.7.3 and such other policies and procedures and requirements established by the CFA.
13.7.3.
The application to the CFA must satisfy the following conditions, and be supported by such documentation as the CFA may require:
13.7.3.1.
One recreational vehicle may be placed on any lot meeting the minimum lot size and setback specifications for dwellings in the underlying district; where there are no such specifications for the underlying district, the intensity regulations as set forth in § 4.1 for dwellings in the Aquifer Protection District shall apply.
13.7.3.2.
More than one recreational vehicle may be placed on any lot meeting the minimum lot size and setback specifications for dwellings in the underlying district, provided the lot allows for:
a)
Minimum spacing of 25 feet between recreational vehicles on the lot;
b)
If at all possible, minimum spacing of 25 feet from recreational vehicles on abutting lots; and
c)
A minimum 2,500 square feet of area for each recreational vehicle.
13.7.3.2.1 | If three or more recreational vehicles are proposed, the applicant shall additionally demonstrate compliance with 105 CMR 440.000: Minimum Standards for Developed Family-Type Campgrounds (State Sanitary Code, Chapter VI). |
13.7.3.3.
There shall be no danger of pollution to public or on-site water supply facilities due to the location or elevation of the recreational vehicle, filling, infiltration of floodwaters, or for other reasons.
13.7.3.4.
Utilities shall be so located and constructed as to minimize or eliminate flood damage.
13.7.3.5.
Adequate methods shall be provided for the periodic disposal of sewage, refuse and other waste resulting from the uses permitted on the site.
13.7.3.6.
The applicant is not excused from complying with other applicable laws, including wetlands protection laws under the jurisdiction of the Conservation Commission and any other rules and regulations governing use of waterfront property in the Commonwealth of Massachusetts.