[Amended 8-12-2009 by Ord. No. 2009-22; 5-13-2014 by Ord. No.
2014-9; 6-24-2021 by Ord. No. 2021-14]
A.
The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats to life and personal
injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water
quality, contaminations, and pollution due to flooding;
(4)
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding;
(5)
Eliminate costs associated with response and cleanup of flooding
conditions;
(6)
Reduce damage to public and private property resulting from flooding
waters.
B.
The floodplain district is herein established as an overlay district.
The district includes all special flood hazard areas within the City
designated as Zone A, AE, AO or VE on Fall River's 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 county FIRM that are wholly or partially within
the City are panel numbers 25005C0264F, 25005C0269F, 25005C0342F,
25005C0344F, 25005C0351F, 25005C0353F, and 25005C0432F, dated July
7, 2009; and panel numbers 25005C0244G, 25005C0263G, 25005C0329G,
25005C0331G, 25005C0332G, 25005C0333G, 25005C0334G, 25005C0341G, and
25005C0337G dated July 16, 2014, and 25005C0268G, 25005C0352G, 25005C0354G,
25005C0356G, 25005C0357G, 25005C0358G, 25005C0359G, 25005C0361G, and
25005C0362G dated July, 6, 2021. 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 county Flood Insurance Study (FIS)
report dated July 6, 2021. The FIRM and FIS report are incorporated
herein by reference and are on file with the City Clerk.
C.
Use regulations. The floodplain district ordinance is part of a federal
requirement for communities that choose to participate in the NFIP.
However, the state already administers regulations that take care
of many floodplain management concerns. Referencing existing regulations
is important to ensure that projects have been reviewed under the
appropriate state regulations and that variances to the conditions
of the ordinance do not erroneously allow variances to state requirements.
D.
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 Chapter 131, Section 40 of the Massachusetts
General Laws and with the following:
(1)
Sections of the Massachusetts state Building Code (780 CMR) which
address floodplain and coastal high hazard areas;
(2)
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00) (e communities
only);
(5)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5).
E.
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.
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.
B.
Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is
the lesser, within the unnumbered A Zones.
A.
All new construction within Zone VE must be located landward of the
reach of mean high tide.
B.
In a riverine situation, the director of code enforcement shall notify
the following agencies of any alteration or relocation of a watercourse:
C.
Man-made alteration of sand dunes within Zone VE which would increase
potential flood damage are prohibited.
D.
Within Zone AO on the FIRM, adequate drainage paths must be provided
around structures on slopes, to guide floodwaters around and away
from proposed structures.
E.
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. (c, d, e communities, if AH or
AO appear.)
F.
All subdivision proposals must be designed to assure that:
A.
Abrogation and greater restriction section. The floodplain management
regulations found in this Floodplain Overlay District section shall
take precedence over any less restrictive conflicting local laws,
ordinances or codes.
B.
Disclaimer of liability. The degree of flood protection required
by this division is considered reasonable but does not imply total
flood protection.
C.
Designation of community floodplain administrator. The City of Fall
River hereby designates the Inspector of Buildings to be the official
Floodplain Administrator for Fall River.
D.
Requirement to submit new technical data. If Fall River acquires
data that changes the base flood elevation in the FEMA mapped Special
Flood Hazard Areas, Fall River will, within six months, notify FEMA
of these changes by submitting the technical or scientific data that
supports the change(s). Notification shall be submitted to:
|
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
|
|
And copy of notification to:
|
|
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation,
251 Causeway Street, Boston, MA 02114
|
E.
Variances to building code floodplain standards. Fall River will
request from the State Building Code Appeals Board a written and/or
audible copy of the portion of the hearing related to the variance,
and will maintain this record in the community's files.
(1)
Fall River shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and such construction below the base flood level increases
risks to life and property.
(2)
Such notification shall be maintained with the record of all variance
actions for the referenced development in the floodplain overlay district.
F.
Variances to local Zoning Ordinances related to community compliance
with the National Flood Insurance Program (NFIP). A variance from
these floodplain ordinances must meet the requirements set out by
State law, and may only be granted if good and sufficient cause and
exceptional nonfinancial hardship exist; the variance will not result
in additional threats to public safety, extraordinary public expense,
or fraud or victimization of the public; and the variance is the minimum
action necessary to afford relief.
G.
Permits are required for all proposed development in the Floodplain
Overlay District. Fall River requires a permit for all proposed construction
or other development in the floodplain overlay district, including
new construction or changes to existing buildings, placement of manufactured
homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and to other properties.
H.
Assure that all necessary permits are obtained. Fall River's
permit review process includes the use of a checklist of all local,
state and federal permits that will be necessary in order to carry
out the proposed development in the floodplain overlay district. The
proponent must acquire all necessary permits, and must submit the
completed checklist demonstrating that all necessary permits have
been acquired.
I.
Subdivision proposals. All subdivision proposals and development
proposals in the floodplain overlay district shall be reviewed to
assure that:
J.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Division will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
K.
Recreational vehicles. In A1-30, AH, AE, Zones, V1-30, VE, and V
Zones, all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
As used in this division, the following terms shall have the
meanings indicated:
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use. [US Code of Federal Regulations, Title 44, Part 59]
See "Floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home. [US Code of Federal Regulations, Title
44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a flood
plain management regulation. [US Code of Federal Regulations, Title
44, Part 59]
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
