Otis City Zoning Code
ARTICLE VIII
Special Districts
§ 150-8.1 Floodplain Overlay District (FPOD).
[Amended 5-20-2025 ATM by Art. 23]
A.
Purpose. The purpose of the Floodplain Overlay District is 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.
B.
The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas designated on the Town of Otis's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated December 15, 1983. 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 June 15, 1983. The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission.
C.
Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive, conflicting local laws, ordinances or codes.
D.
Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.
E.
Severability section. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.
F.
Designation of community floodplain administrator. The Town of Otis hereby designates the position of Inspector of Buildings/Building Commissioner to be the official floodplain administrator for the Town.
G.
Requirement to submit new technical data.
(1)
If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town 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.
(2)
And copy of notification to: Massachusetts NFIP State Coordinator, MA Dept. of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.
H.
Variances to building code floodplain standards.
(1)
The Town of Otis 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.
(2)
The Town of Otis 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:
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
I.
Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from this floodplain section must meet the requirements set out by State law and may only be granted if:
J.
Permits are required for all proposed development in the Floodplain Overlay District. The Town of Otis 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.
K.
Assure that all necessary permits are obtained. The Town of Otis 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.
L.
Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:
M.
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 10 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.
N.
Unnumbered A Zones. 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.
O.
Floodway encroachment.
(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.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Otis Flood Insurance Rate Map (FIRM), 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.
P.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
Bordering states, if affected.
(3)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor Boston, MA 02114 |
(4)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 |
Q.
AO and AH Zones drainage requirements. 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.
R.
Recreational vehicles. In A1-30, AH, AE Zones and V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway-ready.
S. 100-YEAR FLOOD AREA OF SPECIAL FLOOD HAZARD BASE FLOOD DEVELOPMENT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(1) (2) STRUCTURE SUBSTANTIAL IMPROVEMENT SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION ZONE A ZONE A1-30 AND ZONE AE ZONE A99 ZONE AH ZONE AO ZONE V ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS) ZONES B, C, AND X
Definitions. In the FPOD, the following terms shall be as defined.
See "base flood."
Is the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated a Zone A, AO, AH, A1-30, AE or A99.
The flood having a 1% chance of being equaled or exceeded on any given year.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (U.S. Code of Federal Regulations, Title 44, Part 59).
Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E (U.S. Code of Federal Regulations, Title 44, Part 59).
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.
The channel of the river, creek 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 a designated height (Base Code, Chapter 2, Section 202).
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities (U.S. Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14).
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure (U.S. Code of Federal Regulations, Title 44, Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of FFIP Regulations 60.3.[1]
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (Referenced Standard ASCE 24-14).
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use (U.S. Code of Federal Regulations, Title 44, Part 59).
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30 (Base Code, Chapter 2, Section 202).
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days of the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building (Base Code, Chapter 2, Section 202).
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home (U.S. Code of Federal Regulations, Title 44, Part 59).
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure.
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile-, column- or pier-supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).
A grant of relief by a community from the terms of a floodplain management regulation (U.S. Code of Federal Regulations, Title 44, Part 59).
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[2] is presumed to be in violation until such time as that documentation is provided (U.S. Code of Federal Regulations, Title 44, Part 59).
An area of special flood hazard without water surface elevations determined.
Area of special flood hazard with water surface elevations determined.
Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet, and with water surface elevations determined.
Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
Area of special flood hazards without water surface elevations determined, and with velocity that is inundated by tidal floods (coastal high hazard area).
Area of special flood hazards, with water surface elevations determined and with velocity that is inundated by tidal floods (coastal high hazard area).
Areas of minimal or moderate flood hazards or areas of future conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
T.
Permitted uses. 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 do not require structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;
(2)
Forestry or nursery uses;
(3)
Outdoor recreational uses, including fishing, boating, play areas, etc.;
(4)
Conservation of water, plants, and wildlife;
(5)
Wildlife management areas, footpaths, bicycle paths, and/or horse paths;
(6)
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;
(7)
Buildings lawfully existing prior to the adoption of these provisions.
U.
Local enforcement. Enforcement of this section rests with the Floodplain Administrator.