The purpose of this article, in addition to the purposes enumerated in § 190-3 of this chapter, is to provide that lands in the Town of Wakefield subject to seasonal or periodic flooding, as described hereinafter, shall not be used for residence or other purposes in such a manner as to endanger health, safety or welfare of the occupants thereof or the occupants of other areas of the Town or region that might be affected by flooding.
[Amended 5-23-1994 ATM by Art. 40; 5-3-2010 ATM by Art. 28]
The Floodplain District is hereby established as an overlay
district. The underlying permitted uses are allowed, provided that
they meet the following additional requirements as well as those of
the Massachusetts State Building Code dealing with construction in
floodplains. The Floodplain District includes special flood hazard
areas within the Town of Wakefield designated as Zones A and AE on
the Middlesex 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 Middlesex
County FIRM that are wholly or partially within the Town of Wakefield
are Panel Numbers 25017C0313E, 25017C0314E, 25017C0318E, 25017C0427E
and 25017C0431E, dated June 4, 2010. The exact boundaries of the District
may be defined by the one-hundred-year base flood elevations shown
on the FIRM and further defined by the Middlesex County Flood Insurance
Study (FIS) report dated June 4, 2010. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk
and the Planning Board.
The following requirements apply in the Floodplain
District:
A.
Within Zone A, where the base flood elevation is not
approved 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 floodproofing
requirements, as appropriate, of the State Building Code.
B.
In floodways,
designated on the FIRM maps, all encroachments, including fill, new
construction, substantial improvements to existing structures and
other development, are prohibited.
[Amended 5-3-2010 ATM by Art. 28]
C.
Required
documentation of floodway data.
[Added 5-3-2010 ATM by Art. 28]
(1)
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.
(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.
D.
All subdivision
and development proposals must be designed to assure that:
[Added 5-3-2010 ATM by Art. 28]
A.
If any land shown on the Zoning Map or defined in
this chapter as being in a Floodplain District is proven by the applicant
to be in fact not subject to flooding or not unsuitable for human
occupancy because of drainage and topographic conditions, the Board
of Appeals may permit buildings for human occupancy on such land in
accordance with the requirements of the underlying district after
the necessary proof has been presented to and reported by the Planning
Board, Board of Health and Conservation Commission.
[Amended 5-23-1994 ATM by Art. 42]
B.
Such special permit shall be applied for in the manner
required for regular building permits 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.
C.
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
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.
D.
The applicant shall also seek and obtain a Letter
of Map Amendment (LOMA) under Part 70 of the National Flood Insurance
Program from the Federal Emergency Management Agency.
E.
The Floodplain
District is established as an overlay district to all other districts.
[Added 5-3-2010 ATM by Art. 28]
(1)
All
development in the district, including structural and nonstructural
activities, whether permitted by right or by special permit, must
be in compliance with Chapter 131, Section 40, of the Massachusetts
General Laws and with the following:
(a)
The section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR 120.G,
“Flood Resistant Construction and Construction in Coastal Dunes”);
(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)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5).
(2)
Any
variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures and applicable state regulations.
A.
Applications for site plan approval of uses in the Flood Plain District are reviewed by the Zoning Board of Appeals and complete applications are required in accordance with § 190-73.
[Amended 5-23-1994 ATM by Art. 43; 4-8-2002 ATM by Art. 39]
B.
The site plan shall show at least the following:
(1)
The location, boundaries and dimensions of each lot.
(2)
Two-foot contours of the existing and proposed land
structure (Wakefield Sewer Base).
(3)
The location of existing and proposed structures,
watercourses, drainage easements, means of access, drainage and sewer
disposal facilities.
(4)
The area and location of existing or proposed leaching
fields, if any.
(5)
Site plans shall be at a suitable scale, prepared
by a registered land surveyor or registered professional civil engineer.
[Added 4-8-2002 ATM by Art. 39]
C.
In addition to the above, the following information
shall be provided:
(1)
A chart showing all required dimensional requirements
in the district where the development is proposed and comparing them
to the dimensions being proposed.
(2)
Drainage calculations for all runoff within the site.
(3)
Map showing existing and proposed two-foot contours.
For sites which are relatively flat, one-foot contours may be required.
Cross section(s) through the site may also be required.
(4)
Map showing all outdoor lighting, including the direction
and intensity of such lighting.
D.
The above features may all be shown on one site plan,
if legibility allows.
E.
Notification
of watercourse alteration. In a situation relating to, formed by,
or resembling a river, including tributaries, stream, or brook, the
Town Engineer or Town Building Official shall notify the following
of any alteration or relocation of a watercourse:
[Added 5-3-2010 ATM by Art. 28]
(1)
Adjacent
communities;
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(2)
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NFIP (National Flood Insurance Program) State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street, Suite 600-700
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Boston, MA 02114-2104
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(3)
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NFIP (National Flood Insurance Program) Specialist
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
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Boston, MA 02110
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