HomeMy Public PortalAboutZoning Amendment - FEMATown of Watertown
Department of
Community Development and Planning
Administration Building
149 Main Street
Watertown, MA 02472
(617) 972-6417
FAX (617) 972-6484
To: Honorable Town Council
Michael J. Driscoll, Town Manager
From: Steve Magoon, DCDP Directo
Date: May 5, 2010
Subject: FEMA zoning text amendment
As outlined in the attached correspondence from FEMA, all municipalities have been
required to adopt specific amendments regarding updated floodplain regulations. As a
result I have prepared the attached amendments to our Zoning Ordinance in order to
reflect these changes. For simplicity, it is recommended that we delete section 5.06 of the
Zoning Ordinance in its entirety, and replace it with the attached language which
incorporates the recommended language from FEMA. I have attached both the revised
language and a redline version from the language of the existing ordinance.
This amendment is required, and failure to act can have serious consequences for ability to
receive or renew flood insurance for properties, and could also impact our ability to receive
disaster assistance. The new language primarily reflects the current reference materials
and guidance documents related to flood plain management and insurance.
We are also against a very tight deadline for adoption, so if it can be scheduled for a first
reading before the Honorable Town Council at the May 11, 2010 meeting, and will then be
forwarded to the Planning Board for a public hearing on May 25, 2010, in accordance with
section 9.20-9.22 of the Zoning Ordinance. Thereafter, as discussed with the Council
President, a recommendation will be forwarded by the Planning Board to the Honorable
Town Council for public hearing at the special Town Council meeting scheduled for 6:30 on
June 1, 2010, prior to the scheduled budget hearing, and prior to the June 4, 2010 deadline.
Cc Mark Reich, Kopelman and Paige
Nancy Scott, Zoning Enforcement Officer
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
FBMA
APR 202010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mark S. Sideris
Council President
Town of Watertown
Town Hall
149 Main Street
Watertown, Massachusetts 02472
Dear Mr. Sideris:
I am writing this letter as an official reminder that the Town of Watertown, Massachusetts, has until
June 4, 2010, to adopt and have the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) Regional Office approve floodplain management measures that
satisfy 44 Code of Federal Regulations (CFR) Section 60.3(c) of the National Flood Insurance
Program (NFIP) regulations.
The Town, of Watertown must adopt floodplain management measures, such as a floodplain
Management ordinance, that meet or exceed••the minimum NFIP requirements (copy•enolosed) by•
June 4, 2010, to avoid suspension from the NFIP. If suspended, your community becomes ineligible
for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies
cannot be renewed.
The provisions of Section 202(a) of Public Law 93-234, as amended prohibits Federal officers or
agencies froin approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or
disaster assistance loan or grant, for acquisition or construction purposes within Special Flood
Hazard Areas (SFHAs), areas subject to inundation by the base (1 -percent -annual -chalice) flood.
Your community's suspension from the NFIP would prohibit mortgage loans guaranteed by the
Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the
Rural Economic and Community Development Serviees, This prohibition also affects the disaster
assistance in connection with a flood under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, as amended.
Furthermore, Section 202(b) of Public Law 93-23.4, as amended, requires Federally regulated lending
institutions to notify the purchaser or lessee of improved real property located in un SFIIA, whether
Federal disaster assistance Will be available when the property is being.used to secure a Joan that is
being made, increased, extended, or renewed.
Your NFIP State Coordinator and FEMA would like to assist the Town of \Vatertawn to ensure it
remains in good standing with the NFIP and avoids suspensici from the Program, If your
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APE 2 0 2010
Page 2
community is suspended, itmay regain its eligibility in the NFIP by enacting the floodplain
management measures established in 44 CFR Section 60.3 of the NFIP regulations.. As stated in my
previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA
Regional Office if the Town of Watertown is encountering difficulties in enacting its measures.
I recognize that your community may be in the final adoption process or may have recently adopted
the appropriate floodplain management measures. Please submit these measures to the Floodplain
Management Program at the Massachusetts Department of Conservation aiicl Recreations.
Richard Zingarelli, the NFIP State Coordinator, is accessible by telephone at (617) 626-14#06; sin
writing at 251 Causeway Street, Suite 700., Boston, Massachusetts 02114, or by electronic mail at
richard.zingarelli ci state.nia.uS.
The FEMA Regional staff hi Boston, Massachusetts, is also available to assist you with your
floodplain management measures. The FEMA Regional Office may be contacted by telephone at
(617) 832-4761 or in Writing. Please send your written inquiries to the Director, Federal InstUatice
arid Mitigation Division, FEMA Region I, at 99 High Street, Sixth Floor', Boston, Massachusetts
02110..
In the event your community does not adopt and/or submit thenecessary floodplain management
measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps t0
suspend your community from the NFIP. This letter is FEMA's final notification before your
community is suspended from the PrOg`am.
Sincerely,
/77/-A
Sandra K_ Knight, PhD, PE
Deputy Federal Insurance and
Mitigation .Administrator, Mitigation
Enclosure
cc: Paul Ford, Acting Regional Administrator, FEMA Region I
Richard Zangarelli, NFIP State Coordinator, Massachusetts Department of Conservation and
Recreation
Ken Thompson, Building Inspector, Town of Watertown
SECTION 5.06 FLOODPLAIN DISTRICT
(a) Intent and Purpose
The purposes of this district are:
1. To provide that lands in the Town of Watertown subject to seasonal or periodic flooding
as described hereinafter shall not be used for residence or other purposes in such
manner as to endanger the health or safety of the occupants thereof.
2. To protect, preserve and maintain the water table and water recharge areas within the
Town so as to preserve the present and potential water supplies for the public health
and safety of the residents of the Town of Watertown.
3. To assure the continuation of the natural flow pattern of the water courses within the
Town of Watertown in order to provide adequate and safe floodwater storage capacity
to protect persons and property against the hazards of flood inundation.
(b) District Delineation
1. The floodplain District is defined as all special flood hazard areas within the Town of
Watertown designated as Zone 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 Watertown are panel numbers
25017C0414E, 25017C0418E, 25017C0419E, 25017C0552E, 25017C0556E, and
25017C0557E dated June 4, 2010. 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
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 Department of
Community Development and Planning and the Conservation Commission office.
2. Base Flood elevation and 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.
(c) Permitted Uses
1. The Floodplain District shall be considered as overlying other districts. Any uses
permitted in the portions of the districts so overlaid shall be permitted subject to all the
provisions of this section.
2. The following uses shall be permitted within the Floodplain District as a matter of right.
a. Conservation of soil, water, plants and wildlife.
b. Outdoor recreation, including play areas, nature study, boating, fishing and
hunting where otherwise legally permitted but excluding building and
structures.
c. Wildlife management areas, non-commercial signs, foot and bicycle paths and
bridges, provided that such uses do not affect the natural flow pattern on any
water course.
d. Dwellings, buildings and structures lawfully existing prior to the adoption of
these provisions, but not including any enlargement and/or extension thereof.
e. Retail use in an RD - Limited Redevelopment District for which a final Order of
Conditions has been issued under the Massachusetts Wetlands Protection Act
(G.L. Ch.131, 40) and which meets the criteria listed on Section 5.06 (d) 4.a.,
b. and c. and Section 5.06(d)7. No site plan approval shall be required under
Section 5.06(d)(4) for such use.
3. The portion of any lot within the area delineated in section (b) above may be used to
meet the area and yard requirements for the district or districts in which the remainder
of the lot is situated, provided that the portion does not exceed twenty-five percent
(25%) of the minimum lot area.
(d) Board of Appeals Action
In the Floodplain District, the Board of Appeals may grant a special permit for any use
and/or structure, subject to the following:
1. The proposed use will not be detrimental to the public health, safety and welfare.
2. The proposed use will comply in all respects to the provisions of the underlying district
or districts within which the land is located.
3. All necessary permits have been received from those governmental agencies from
which approval is required by federal or state law.
4. The provisions of Section 9.03 are applied for any use or structure. Specifically, the
provisions of Section 9.03(c) are applied in a manner designed to eliminate, minimize
or reduce exposure to flood damage. In addition:
a. New and replacement sanitary sewage systems must be designed to minimize
or eliminate infiltration of flood waters into the system.
b. New and replacement sanitary sewage systems must be similarly designed.
Discharges from sewage systems into flood waters must be minimized or
eliminated.
c. No new construction, substantial improvement 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.
5. Any proposed new development greater than fifty (50) lots or five (5) acres, whichever
is the lesser, must include base flood elevation data.
6. The elevation in mean sea level to which proposed new or substantially improved
structure will be elevated or flood proofed, whether or not the structure has a
basement is required.
7. 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 Chapter 131,
Section 40 of the Massachusetts General Laws and with the following:
• 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");
• Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
• Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
• 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.
In reference to Section 5.06 (D), 4, C please note that under the Wetlands Protection
Act Regulations, no rise in water surface elevation is allowed to result from proposed
activity in the floodplain.
(e) Other Agency Action
1. The Inspector of Buildings will maintain a record of floodproofing and elevation
information as required by the State Building Code, including
a. The elevations, in relation to mean sea level of the lowest floor, including
basement or cellar, and whether or not the building has a basement or cellar;
b. the elevation, in relation to mean sea level, to which a building has been
floodproofed;
c. the date when such construction or improvement commenced.
(f) Notification of Watercourse Alteration
In a riverine situation, the Conservation Agent 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, 61h Floor
Boston, MA 02110
SECTION 5.06 FLOODPLAIN DISTRICT
(a) Intent and Purpose
The purposes of this district are:
1. To provide that lands in the Town of Watertown subject to seasonal or periodic flooding
as described hereinafter shall not be used for residence or other purposes in such
manner as to endanger the health or safety of the occupants thereof.
2. To protect, preserve and maintain the water table and water recharge areas within the
Town so as to preserve the present and potential water supplies for the public health
and safety of the residents of the Town of Watertown.
3. To assure the continuation of the natural flow pattern of the water courses within the
Town of Watertown in order to provide adequate and safe floodwater storage capacity
to protect persons and property against the hazards of flood inundation.
(b) District Delineation
_The Floodplain District is defined as all -areas designatec-as-spesia4-(-1-90--year flood-plain
flood—hazard-areas-as-show+ -en-the-Watertown Flood Insurance Rate Map -and -in -the
e
Watertown Flood -Insurance Study -which -are -based -on -the -best currently -available data
The Floodplain Di -strict is further -delineated for reference purposes only -on -the -map
entitled±F-leed-P4ain-1O9-Year Reed -Hazard Boundary -Ma ted 12114,g€
1. The floodplain District is defined as all special flood hazard areas within the Town of
Watertown designated as Zone 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 Watertown are panel numbers
2501700414E, 2501700418E, 2501700419E, 25017C0552E, 2501700556E, and
25017C0557E dated June 4, 2010. 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
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 Department of
Community Development and Planning and the Conservation Commission office.
2. Base Flood elevation and 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.
(c) Permitted Uses
1. The Floodplain District shall be considered as overlying other districts. Any uses
permitted in the portions of the districts so overlaid shall be permitted subject to all the
provisions of this section.
2. The following uses shall be permitted within the Floodplain District as a matter of right.
a. Conservation of soil, water, plants and wildlife.
b. Outdoor recreation, including play areas, nature study, boating, fishing and
hunting where otherwise legally permitted but excluding building and
structures.
c. Wildlife management areas, non-commercial signs, foot and bicycle paths and
bridges, provided that such uses do not affect the natural flow pattern on any
water course.
d. Dwellings, buildings and structures lawfully existing prior to the adoption of
these provisions, but not including any enlargement and/or extension thereof.
e. Retail use in an RD - Limited Redevelopment District for which a final Order of
Conditions has been issued under the Massachusetts Wetlands Protection Act
(G.L. Ch.131, 40) and which meets the criteria listed on Section 5.06 (d) 4.a.,
b. and c. and Section 5.06(d)7. No site plan approval shall be required under
Section 5.06(d)(4) for such use.
3. The portion of any lot within the area delineated in section (b) above may be used to
meet the area and yard requirements for the district or districts in which the remainder
of the lot is situated, provided that the portion does not exceed twenty-five percent
(25%) of the minimum lot area.
(d) Board of Appeals Action
In the Floodplain District, the Board of Appeals may grant a special permit for any use
and/or structure, subject to the following:
1. The proposed use will not be detrimental to the public health, safety and welfare.
2. The proposed use will comply in all respects to the provisions of the underlying district
or districts within which the land is located.
3. All necessary permits have been received from those governmental agencies from
which approval is required by federal or state law.
4. The provisions of Section 9.03 are applied for any use or structure. Specifically, the
provisions of Section 9.03(c) are applied in a manner designed to eliminate, minimize
or reduce exposure to flood damage. In addition:
a. New and replacement sanitary sewage systems must be designed to minimize
or eliminate infiltration of flood waters into the system.
b. New and replacement sanitary sewage systems must be similarly designed.
Discharges from sewage systems into flood waters must be minimized or
eliminated.
c. No new construction, substantial improvement 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-more-than--ene400t-at-aRy-point4n
Town.
5. Any proposed new development greater than fifty (50) lots or five (5) acres, whichever
is the lesser, must include base flood elevation data.
6. The elevation in mean sea level to which proposed new or substantially improved
structure will be elevated or flood proofed, whether or not the structure has a
basement is required.
7. AB requirements of the-Massaehursetts State-Building-Gedc as required -under the
section pertaining to construetier--in--floodpaains are met
a. the building is designed (or medified)-and-adequately-anchered--to-prevent
flotation, collapse-er-lateralm ovement;
b. the building is censtrusted-with materials --and utility -equipment resistant to -flood
damage;
----c residential structures shall-have-the-lowest-fleer;-including-basement-or-cellar;
elevated —to —or —above —the one hundred—(108)—year--elevatten; or in case of
nen-residential-structures, be floodpreofed watertight to the one hundred (100) -year
level:
d. where-fleedpreefing is allowed -for -a -particular building; +t--shall--be designed -to
be -watertight -below the one hundred -(4 -00) -year -flood -level and-the-4leedpreefing
methods shall -be adequate-te-withstand-the-flood-depth pressures, velocities -impact
and uplift --farces and -ether -factors associated -with the -one -hundred (100) year flood:
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
Chapter 131, Section 40 of the Massachusetts General Laws and with the
following:
• 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");
• Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
• Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
• 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.
In reference to Section 5.06 (D), 4, C please note that under the Wetlands Protection
Act Regulations, no rise in water surface elevation is allowed to result from
proposed activity in the floodplain.
(e) Other Agency Action
1. The Inspector of Buildings will maintain a record of floodproofing and elevation
information as required by the State Building Code, including
a. The elevations, in relation to mean sea level of the lowest floor, including
basement or cellar, and whether or not the building has a basement or cellar;
b. the elevation, in relation to mean sea level, to which a building has been
floodproofed;
c. the date when such construction or improvement commenced.
(f) Notification of Watercourse Alteration
In a riverine situation, Tthe Planning --board w+llConservation Agent shall notify the following
of any alteration or relocation of a watercourse:Federal lnsuranee Agenej-the
Ma,..saohusetts-Divisien of Water -Resources and adjacent-commonitics on the Charles
River -water course, of -any -alteration -or relocation of the Charles River -water -course -and
w111 assure that the flood -marrying capae+ty--within lac alt cd or rolecated-portion is
maintained
• Adjacent Communities
• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2.104
• NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City known as the Town of Watertown will be
conducting a PUBLIC HEARING before the Planning Board on proposed AMENDMENT
TO THE ZONING ORDINANCE. The Hearing will be held on Tuesday, May 25, 2010 at
7:00 p.m. in the Lower Hearing Room, Administration Building, 149 Main Street,
Watertown, MA 02472.
PROPOSED AMENDMENT TO THE ZONING ORDINANCE:
Delete in its entirety, Section 5.06, Floodplain District, and replace with a new
Section 5.06, Floodplain District, that includes revised language to reflect the
changes to the National Flood Insurance Program, as required by the Federal
Emergency Management Agency (FEMA).
All persons who wish to speak on this matter will be afforded the opportunity to do so.
The full text of the proposed amendment is available at the Watertown Administration
Building, Department of Community Development and Planning, 149 Main Street,
Watertown, Massachusetts 02472 during regular business hours.
John Hawes, Chairman
Published
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