The Floodplain Zone and the regulations herein have been established
for the following purposes: to protect and preserve the watercourses
and their adjoining floodplain; to reduce the hazards of floods upon
the public health, safety and general welfare; to protect floodplain
occupants from a flood that is or may be caused by their own land
use and that is or may be undertaken without full realization of the
dangers therein; to protect the public from the burden of extraordinary
financial expenditures for flood control and relief; and to protect
the capacity of the floodplain to absorb, transmit and store runoff
to assure retention of sufficient floodway area to convey flows which
can reasonably be expected to occur.
In those portions of the Town so designated in §
180-68, the following uses of land shall be permitted, provided that all necessary state or federal permits are obtained:
A. Conservation of water, plants and wildlife.
B. Legally permitted outdoor recreation not requiring development or
landscape alteration in conflict with the purpose of this zone.
C. Grazing, forestry and other farms or agriculture consistent with
the purposes of the zone.
D. Dwellings lawfully existing prior to the adoption of these provisions;
however, no building permits for substantial improvements or extensions
shall be granted unless a special permit is granted by the Board of
Appeals.
E. Proper operation and maintenance of dams and other water control
devices.
F. Construction and maintenance of highways, streets, sidewalks, sewers,
water mains, storm drains, utilities and related facilities by governmental
agencies, provided that the water and sewer systems and utilities
be designed and constructed to minimize flood damage and to minimize
or eliminate infiltration of floodwater into the systems and discharges
from the systems into floodwaters.
G. The following uses by special permit as provided by §
180-71, if determined to be consistent with the purpose of this zone, said determination to be made by the Board of Appeals following application for a special permit by the landowner or owner:
(1) Developed recreation facilities, except buildings.
(2) Utility lines and facilities.
(3) Dams and other water control facilities, if in an authorized plan
by a public agency or if built to create ponds for recreational or
agricultural use.
(4) Minor buildings incidental to permitted flood control, recreation,
agricultural, etc., uses, and not exceeding 200 square feet in ground
coverage, if constructed so as to not obstruct natural hydrological
features.
(5) In the floodway fringe, the Zone AE, Zone A, that portion of the
Floodplain Zone outside the floodway, the development of structures
for residential use only if the lowest floor (including the basement)
is elevated to or above the level of the base flood (one-hundred-year
flood) and the development of structures for nonresidential use only
if the lowest floor (including the basement) is elevated to be above
the level of the base flood (one-hundred-year flood) or, together
with the attending utility and sanitary facilities, is floodproofed
to or above the level of the base flood (one-hundred-year flood),
provided that a special permit is issued by the Board of Appeals.
The term "floodproofed" shall mean watertight, with walls substantially
impermeable to the passage of water and with structural components
having the capacity of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
The completion of all earth work not bonded or covenanted under
Chapter 41 of the General Laws of Massachusetts shall be guaranteed
with the Town of Agawam by securities or bond as required by the Town
prior to commencement by any earth work.
The invalidity of any section or provision of this article for
regulation of the floodplain shall not invalidate any other section
or provision hereof.