The purpose and intent of this chapter is to make applicable and to enforce in the town all provisions and requirements of the National Flood Insurance Program and in particular Part 60, Subpart A, Requirements for Flood Plain Management Regulations, Code of Federal Regulations, as amended, issued by the Federal Emergency Management Agency (FEMA), relative to flood hazard control, so as to protect the public health and safety, persons and property against the hazards of floodwaters.

(Prior code § 145-54)

The flood hazard zones include all special flood hazard areas within the Town of Winthrop designated as Zone A, AE, AH, AO, A99, V, or VE on the Suffolk 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 Suffolk County FIRM that are wholly or partially within the Town of Winthrop are panel numbers 25025C0019J, 25025C0038J, 25025C0039J, 25025C0082J, 25025C0101J and 25025C0102J dated March 16, 2016. 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 Suffolk County Flood Insurance Study (FIS) report dated March 16, 2016. The FIRM and FIS report are incorporated herein by reference and are on file with the town clerk, planning board, building official, conservation commission and department of public works. These maps, and the accompanying floodplain management regulations, are incorporated herein by reference.

(Prior code § 145-55)

(Ord. of 8-27-09; Ord. of 3-2-10, § 1 ; Mo. of 3-10-16 )

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

•

Adjacent Communities

•

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 I
99 High Street, 6th Floor
Boston, MA 02110

(Ord. of 8-27-09)

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 must be in compliance with MGL c. 131, § 40, and with the following:

A.

Section of the Massachusetts State Building Code (780 CMR) which will address floodplain and coastal high hazard areas;

B.

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

C.

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

D.

Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);

E.

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

(Prior code § 145-56)

(Ord. of 8-27-09; Mo. of 3-10-16 )

A.

Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

B.

Man-made alteration of sand dunes within Zones V1-30, VE, and V which would increase potential flood damage are prohibited.

C.

All new construction within Zones V1-30, VE, and V must be located landward of the reach of mean high tide.

(Ord. of 8-27-09)

No use existing as of the date of adoption of this chapter on land below the elevation of the one hundred (100) year flood elevation in the coastal high hazard areas shall be expanded or enlarged.

(Prior code § 145-57)

Editor's note— An ordinance adopted Aug. 27, 2010, deleted § 17.40.050, which pertained to coastal high hazard areas, and derived from Prior Code § 145-58.

No new or replacement water supply and/or sanitary sewage systems, including on-site waste disposal systems, shall be installed in areas of special flood hazard unless a registered sanitary engineer certifies that such system or systems are designed so as to minimize or eliminate infiltration of floodwater into the systems and discharge from sanitary systems into floodwater.

(Prior code § 145-59)

A.

In addition to all other requirements provided by law, the State Building Code and this chapter relative to structures and uses in areas of special flood hazard, the planning board shall review all proposed subdivisions and all new construction within flood hazard areas, and no such subdivision or construction shall be approved unless the planning board shall determine that such subdivisions and/or construction shall be designed to provide for adequate drainage and for the location and construction of utilities in such manner as to minimize or eliminate damage to such utilities from floodwaters.

B.

Base flood elevation data shall be provided for proposals greater than fifty (50) lots or five acres, whichever is lesser, for that portion of the subdivision within the flood hazard zone.

(Prior code § 145-60)

In addition to the requirements set forth in this chapter, all development subject to federal, state and local wetlands protection regulations shall obtain the necessary approvals of the town conservation commission, the Massachusetts Department of Environmental Quality Engineering, the United States Army Corps of Engineers or other applicable agencies.

(Prior code § 145-61)