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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 w►vw.fentn.gov a.ivaa...r. vw..vaau 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 Tab & Press Posted: