[Added 5-4-1987 by Ord.
No. 1453A; amended 5-17-2010 by Ord. No. 10-148]
The Floodplain District is herein 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 all special flood hazard
areas 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 City of Melrose are panel numbers 25017C0427E, 25017C0429E,
25017C0431E, 25017C0433E and 25017C0434E 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 City Clerk, Building Commissioner, Planning
Board, Public Works Engineering Division and Board of Health.
A.
The Floodplain District is established as an overlay district to
all other districts. All development in the district, including structural
and nonstructural activities, whether permitted by right or by special
permit, must be in compliance with MGL c. 131, § 40, and
with the following:
(1)
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);
(2)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
and
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
B.
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.
A.
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 Planning Board and the Building
Commissioner for its reasonable utilization toward meeting the elevation
or floodproofing requirements, as appropriate, of the State Building
Code.
B.
Within Zones A and AE, no new construction, substantial improvements
to existing structures, filling or other land development shall be
permitted unless it is demonstrated by the applicant that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood elevation.
C.
Floodway data. 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 designation
within the City of Melrose on the Middlesex 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.
E.
Base flood elevation data. 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.
In a riverine situation, the City Engineer shall notify the
following of any alteration or relocation of a watercourse: adjacent
communities, the NFIP State Coordinator (Massachusetts Department
of Conservation and Recreation), and the NFIP Program Specialist (Federal
Emergency Management Agency, Region 1).
All subdivision proposals and other proposed new development
shall be reviewed to determine whether such proposals will be reasonably
safe from flooding. If any part of a subdivision proposal or other
new development is located within the Floodplain District established
under this article, it shall be reviewed to assure that:
A.
The proposal is designed consistent with the need to minimize flood
damage;
B.
All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed to minimize or
eliminate flood damage; and
C.
Adequate drainage systems shall be provided to reduce exposure to
flood hazards.
The Board of Health and/or the Public Works Department, in reviewing
all proposed water and sewer facilities to be located in the Floodplain
District established under this article, shall require that:
A.
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system; and
B.
New and replacement sanitary sewer systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system and discharges
of exfiltration from the system into floodwaters.
This article is established pursuant to the City of Melrose's compliance with Title 44, Chapter 1, Part 67, Code of Federal Regulations, establishing eligibility in the National Flood Insurance Program (NFIP). Copies of the National Flood Insurance Program and related regulations are on file with the City Clerk.
