The purposes of the flood boundary district and wetlands conservancy district are:

A.

To provide that lands subject to seasonal or periodic flooding, as described in this ordinance, shall not be used for residence or for other purposes when such use will endanger the health or safety of the occupants thereof or of the public generally;

B.

To minimize future flood damage by providing for protection and retention of existing water courses, water bodies and wetlands;

C.

To protect, preserve and maintain the water table and water recharge areas so as to preserve present and potential water supplies for the public health and safety; and

D.

To protect the community from unreasonable danger of pollution to its waterways by the detrimental use and development of lands adjoining these waterways.

Land falling within the flood boundary district and/or the wetlands conservancy district may be used to meet the lot area requirements for the district in which the remainder of the lot is located.

A.

The flood boundary district is hereby established as an overlay district. For the purposes of this ordinance, the flood boundary district includes all special flood hazard areas within the City of Peabody designated as Zone A or AE on the Essex County Flood Insurance Rates Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The map panels of the Essex County FIRM that are wholly or partially within the City of Peabody are panel numbers 25009C0383F, 25009C0384F, 25009C0391F, 25009C0392F, 25009C0394F, 25009C0411F, 25009C0412F, 25009C0413F, 25009C0414F, 25009C0416F, 25009C0418F, and 25009C0527F dated July 3, 2012. 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 Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the city clerk, planning board, and building inspector. The floodplain district is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit within section 4.2 in the portions of districts so overlays must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

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);

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.

B.

The following additional requirements apply in the flood boundary district:

1.

Within zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the state building code.

2.

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.

3.

All subdivision proposals must be designed to assure that:

a.

Such proposals minimize flood damage;

b.

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage is provided to reduce exposure to flood hazards.

4.

In the floodway, designated on the flood insurance rate map, the following shall apply: All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited.

5.

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.

C.

In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:

1.

Adjacent communities.

2.

NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104

3.

NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110

D.

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:

1.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

2.

Forestry and nursery uses.

3.

Outdoor recreational uses, including fishing, boating, play areas, etc.

4.

Conservation of water, plants, wildlife.

5.

Wildlife management areas, foot, bicycle, and/or horse paths.

6.

Temporary non-residential 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.

(Amended 8-23-2012)

A.

The wetlands conservancy district is hereby established as an overlay district, which is separate from the flood boundary district. For the purpose of the ordinance, the wetlands conservancy district shall be defined as including all lands generally shown on the accompanying zoning maps as referred to in section 3.2. The wetlands conservancy district includes all lands generally shown on the accompanying zoning maps, as referred to in Section 3.2 more particularly, the "City of Peabody, Mass. Wetlands Conservancy Map, 1" = 800'". These lands, adjacent to the City's important waterways, namely Ipswich River, Norris Brook, Proctor's Brook, Goldthwaite Brook, Tapley Brook and Strongwater Brook are subject to seasonal, periodic, or continuing flooding. The boundaries of the district are specifically described as all lands below the elevations shown on the following table, and in addition, any area within thirty (30) feet, measured horizontally, of the following waterways:

•

Location (Elevation*)

Ipswich River:

•

Entire length in Peabody from Peabody-Danvers boundary upstream to Peabody-Middleton boundary (50.0—52.0)

Norris Brook:

•

Ipswich River to Russell Street (50.0)

•

Russell Street to Lowell Street (53.5)

•

Lowell Street to Mill Pond Dam (54.0)

•

Mill Pond (58.5)

•

Elginwood Pond (59.0)

•

Crystal Lake (59.5)

•

Upstream of Elginwood Pond from Crystal Drive to Pine Street (61.0)

•

Upstream of Pine Street (63.0)

•

Devil's Dishful Pond (88.5)

•

Winona Reservoir (105.0)

•

Suntaug Lake (121.5)

Proctor's Brook:

•

Upstream of dam between Crowninshield Street and Endicott Street (35.0)

•

Endicott Street to culvert under B & M Railroad right of way behind Municipal Light Plant on Warren Street Extension (35.5-40.0)

•

Culvert under B & M Railroad right of way behind Municipal Light Plant to culvert under B & M Railroad right of way nearest Karelitz Road (40.5-43.5)

•

Culvert under B & M Railroad right of way nearest Karelitz Road to Garden Road (44.0-47.0)

•

Upstream of twin 66—inch culverts adjacent to Proctor's Circle (49.0)

•

Downing Road to Nancy Road (59.5-62.0)

•

Nancy Road to Albert Road (63.0-64.0)

•

Albert Road to Peabody Road . (65.0-66.0)

•

Peabody Road to Route I-95 (66.5)

•

Upstream culvert under Route #1 (66.0)

•

Upstream of first railroad culvert above Route #1 (66.6)

•

Upstream of culvert under Pine Street (72.9)

Unnamed Brook:

Upstream of Esquire Drive (55.0)

Goldthwaite Brook:

•

Flume Pond (37.3)

•

Upstream of culvert under B & M Railroad right of way above Flume Pond (45.0)

•

Upstream of culvert under B & M Railroad right of way nearest Summit Street (48.0)

•

Upstream of Summit Street (64.0)

•

Upstream of Corwin Street (80.0)

•

Above Craigs Pond (88.0)

•

Upstream of First Avenue (97.5)

•

Upstream of spillway above First Avenue (99.0)

Tapley Brook:

•

Upstream of Washington Street (40.0)

•

Sidney's Pond (52.0)

•

Upstream of Cedar Grove Avenue (54.0)

•

Lower Spring Road (64.0)

•

Upper Spring Road (69.0)

•

Brown's Pond (78.0)

•

Bartholomew Pond (98.0)

Strongwater Brook:

•

Upstream of Clement Avenue (37.5)

•

Meadow Pond (39.0)

*Elevations in feet above mean sea level (USGS) datum. When two (2) elevations are given, the lower elevation applies to the downstream end of the designated area while the higher elevation applies to the upstream end. The specific elevation for any land is determined by interpolation between the elevation figures shown on the basis of its relative distance in feet from the upstream and downstream ends.

B.

Except as provided in paragraph "C" below, the following shall be prohibited within the wetlands conservancy district:

1.

New buildings or structures, excepting herefrom the area upstream of the culvert under Route #1 to the culvert under Pine Street;

2.

Filling, dumping, excavation, removal or transfer of any earth material which will restrict or increase flood water flow or reduce the flood water storage capacity;

3.

Dumping of trash, rubbish or other waste materials;

4.

Storage of any material or equipment which is toxic or floatable.

C.

Subject to the approval of the conservation commission, the following uses shall be permitted in a wetland conservancy district:

1.

Land used for conservation of water, plants, and wild life;

2.

Recreation, including play areas, wild life preserves, golf, boating, fishing, and hunting where otherwise legally permitted;

3.

Grazing, farming, forestry and nurseries;

4.

Proper operation and maintenance of dams and other water control structures, including temporary alteration of the water level for emergency purposes;

5.

Any building existing may be repaired, rebuilt, modified or flood-proofed in a manner which would not increase ground coverage.

In the event that there is a conflict between the use regulations contained in section 8.3 and section 8.4, the most restrictive regulation shall prevail and control.