Wakefield City Zoning Code
ARTICLE V
Floodplain District
§ 190-25 Purpose.
In addition to the purposes outlined in § 190-3 of this chapter, the purpose of this Article V 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.
F.
Reduce damage to public and private property resulting from flooding waters.
§ 190-26 Establishment.
The Floodplain District is herein established as an overlay district shown on the Floodplain Overlay District map dated February 27, 2025. The district includes all special flood hazard areas within the Town of Wakefield designated as Zone A and AE, on the Middlesex County Flood Insurance Rate Map (FIRM) to be dated July 8, 2025, and to be issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM as well as and further defined by the Middlesex County Flood Insurance Study (FIS) report to be dated July 8, 2025.
§ 190-27 Definitions.
These definitions are applicable only to Article V and do not have applicability to other sections of the Zoning Bylaw.
All flood storage areas for the 100-year frequency storm including the 100-year floodway along the Mill River and Saugus River, including their tributaries as designated and depicted on the current FEMA Flood Boundary and Floodway Map.
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]
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.
See "base flood elevation."
The position of Town Engineer is designated as the Floodplain Administrator for the Town of Wakefield.
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 ship building 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 the 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:
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;
400 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 or AE. [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 after 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]
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]
Means 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 44 CFR 60.3 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.
An area of special flood hazard with water surface elevations determined.
§ 190-28 Development regulations.
The following requirements shall apply within the Floodplain District:
A.
Obtaining a special permit from the Board of Appeals for all proposed construction or other development in the Floodplain District is required, 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.
B.
In addition to the special permit, the proponent shall also obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain District. The proponent must acquire all necessary permits and must demonstrate that all necessary permits have been acquired prior to the issuance of a building permit.
C.
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.
D.
In Zone AE, along watercourses that have a regulatory floodway designated on the Wakefield's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development 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.
E.
In A Zones, in the absence of FEMA base flood elevation (BFE) data and floodway data, the Board 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 be built at or above base flood level, and for prohibiting encroachments in floodways.
G.
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.
H.
In A, A1-30, and AE 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.
I.
A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:
J.
The floodplain management regulations found in this Floodplain District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
K.
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
L.
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.
§ 190-29 Uses allowed within the Floodplain District.
A.
The following uses may be permitted in the Floodplain District by the Board of Appeals through a special permit:
(1)
Any use permitted in the underlying district in which the land is situated, subject to the same use and development regulations as may otherwise apply thereto, whether by right or by special permit, provided that all development, including structural and non-structural activities, are in compliance with this bylaw and with other state regulations.
B.
The following uses are permitted by-right within the Floodplain District when confirmed by the Town's Floodplain Administrator to not have an impact to the base flood elevation nor result in any increase in flood levels:
(1)
Construction and maintenance of at-grade roads, driveways, sidewalks, footpaths and recreation areas, provided that they do not alter the existing topography in the Floodplain District;
(2)
Construction, maintenance and improvements of public sewer and water, including accessory facilities used for their operation, maintenance or improvement of ponds, ditches, and other water bodies incidental thereto;
(3)
Construction, maintenance and improvements to existing roads and systems used in the service of the public, including drainage, electric power (including conversion to underground facilities), gas, telephone, telegraph and other telecommunication devices;
(4)
Any use permitted in the underlying district in which the land is situated, subject to the same use and development restrictions as may otherwise apply thereto, provided that the land designated as being within the Floodplain District is found to be not, in fact, subject to flooding through a letter of map amendment, letter of map revision or physical map revision submitted to and approved by the Federal Emergency Management Agency.
§ 190-29.1 Special permit and site plan review.
A.
Such special permit shall be applied for in the manner required by the Board of Appeals but shall be superscribed "Floodplain District Special Permit Application." The Building Inspector shall issue a building permit only as directed by the Board of Appeals.
B.
Applications for site plan approval of uses in the Floodplain District are reviewed by the Board of Appeals and complete applications are required in accordance with § 190-45 and § 190-73. Site plans shall be at a suitable scale, prepared by a registered land surveyor or registered professional civil engineer.
C.
In addition to the site plan requirements in § 190-45, the site plan for projects in the Floodplain District shall include the following:
(1)
One-foot contours of the existing and proposed land structure based on the NAVD88 datum.
(2)
The location of existing and proposed structures, watercourses, drainage easements, means of access, drainage and sewer disposal facilities.
(3)
Limits of the base flood elevation and floodway.
(4)
Foundation elevations of existing proposed buildings and security of foundations during flooding, including assurance that foundations would not be undermined and that the proposed building would not be floated off, swept away or battered off during flooding.
(5)
Cut and fill calculations for floodplain volume being modified by the proposed project, prepared by a registered professional engineer, detailed in tabular format, in one-foot incremental elevations of fill and storage volumes in cubic feet, with cut and fill areas shown on a plan demonstrating no loss in floodplain storage. Certain cases may require the cut and fill calculations to be completed at a 0.5-foot increments and for cross section(s) through the site to be provided.
(6)
Drainage calculations for all runoff within the site in accordance with Chapter 170, Storm Drain System; Stormwater Management.
(7)
Hydrologic and hydraulic analysis in accordance with standard engineering practice as may be needed to demonstrate compliance with this bylaw.
D.
The Planning Board and Conservation Commission shall submit to the Board written recommendations as to whether the special permit should be granted and any recommended restrictions that should be imposed upon the proposed use as a condition of such special permit.
E.
The Board of Appeals, in hearing each such application, shall consider, in addition to any other factors said Board deems pertinent, the following aspects with respect to flooding and Floodplain Overlay District zoning provisions:
(1)
Geographic location of proposed building and security of driveway or walkway access to it during flooding.
(2)
Foundation elevations of proposed buildings and security of foundations during flooding, including assurance that foundations would not be undermined and that the proposed building would not be floated off, swept away or battered off during flooding.
(3)
Disposal of sewage from the proposed buildings and containment of sewage during flooding.
(4)
Safety of water, sewage, gas, electric and fuel utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocution or other dangers during flooding.
(5)
Operation of drainage mitigation measures for the site during flooding events.
(6)
Probable effect and/or impact upon the Town's water supply;
(7)
Potential impacts to overall groundwater and surface water quality;
(8)
The natural flow pattern of watercourses; nearby or pertinent floodwater storage areas or other areas subject to seasonal or periodic flooding;
(9)
The general health, safety and welfare of the inhabitants of the Town of Wakefield.
F.
Notification of watercourse alteration. In a situation relating to, formed by, or resembling a river, including tributaries, stream, or brook, the Town Engineer shall notify the following of any alteration or relocation of a watercourse:
G.
If the Town of Wakefield acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town Engineer 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:
H.
If the state issues a variance to the flood-resistant standards as found in the State Building Code, 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 Town files.
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.
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.