[Amended 5-6-2014 STM by Art. 3; 5-6-2019 ATM
by Art. 26; 5-1-2023 ATM by Art. 38]
The purpose of the Floodplain Overlay District
is to:
A.
Promote flood resiliency through planning and design;
B.
Reduce the creation of new public safety hazards caused by new construction
and redevelopment in flood zones;
C.
Reducing the occurrence of public emergencies resulting from adversely
impacting water quality, contamination, and pollution due to flooding;
D.
Reducing 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;
E.
Reducing costs and safety risks associated with the response and
cleanup of flooding conditions;
F.
Reducing damage to public and private property resulting from flooding
waters.
The Floodplain District is herein established as an overlay
district superimposed over the underlying Zoning Districts. The district
includes all special flood hazard areas within the Town of Harwich
designated as Zones A, AE, AH, AO, A99, V, or VE on the Barnstable
County Flood Insurance Rate Map (FIRM) dated July 16, 2014, issued
by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The exact boundaries of the
districts shall be defined by the 1% chance base flood elevations
shown on the FIRM and further defined by the Barnstable County Flood
Insurance Study (FIS) report dated July 16, 2014. All flood zones
referenced within this Floodplain Overlay District Bylaw shall mean
the flood zones designated on the FIRM dated July 16, 2014. The FIRM
and FIS report are incorporated herein by reference and are on file
with the Town Clerk, Planning Board, Building Department and Conservation
Commission.
The floodplain management provisions found in this Floodplain
Overlay District Bylaw shall take precedence over and shall supersede
any less restrictive, conflicting sections of the Zoning Bylaws, Code
of the Town of Harwich, or regulations in the Town of Harwich.
The Floodplain Overlay District is superimposed over the other
Zoning Districts shown on the Official Zoning Map. All buildings,
structures, uses or land included within the Floodplain Overlay District
shall be subject to all the restrictions and regulations of the underlying
Zoning District in addition to those set forth in this article.
The Town of Harwich hereby designates the Building Commissioner
to be the official Floodplain Administrator for the Town.
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
The degree of flood protection required by this Floodplain Overlay
District Bylaw is based on reasonable scientific and engineering considerations
but does not imply total flood protection. This bylaw shall not create
liability on the part of the Town of Harwich or any officer or employee
thereof for any flood damage that may result from reliance on the
provisions hereof, or from any administrative decision made hereunder.
If the Town acquires data that changes the base flood elevation
in the FEMA mapped special flood hazard areas, the Town 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
Street, 6th floor, Boston, MA 02110 and a copy of notification to:
Massachusetts NFIP State Coordinator, MA Department of Conservation
and Recreation, 251 Causeway Street, Boston, MA 02114.
In A Zones, in the absence of FEMA base flood elevation (BFE)
and/or floodway data, the Town of Harwich Building Department shall
reasonably obtain, review and utilize base flood elevation and floodway
data available from a federal, state, or other source for determining
whether residential and nonresidential structures must be elevated
to or above base flood level, whether floodproofing is required or
whether encroachments in floodways should be prohibited.
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.
In Zone AE, along watercourses that have a regulatory floodway designated
on the Town's 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.
In a riverine situation, the Floodplain Administrator shall
notify the following entities of any alteration or relocation of a
watercourse:
A.
Adjacent communities, especially upstream and downstream.
B.
NFIP State Coordinator: Massachusetts Department of Conservation
and Recreation, 251 Causeway Street, 8th floor, Boston, MA 02114.
C.
NFIP Program Specialist - Federal Emergency Management Agency, Region
I, 99 High Street, 6th Floor, Boston, MA 02110.
Before any activity that constitutes development, new construction,
substantial improvement, site alterations or subdivision (as those
terms are defined herein) is commenced within Zones AO and AH on the
FIRM, the Floodplain Administrator shall confirm that the work includes
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
In A, AH, AE, 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.
The Town of Harwich 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 filling, grading, drilling, mining, paving and any other
development that might increase flooding or adversely impact flood
risks to other properties.
A.
Variances to the flood-resistant standards as found in the MA State
Building Code may only be issued by the MA State Building Code Appeals
Board.
B.
Upon learning that an applicant intends to file for a variance from
the State Building Code Appeals Board, the Town 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 (i) 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 (ii) such construction
below the base flood level increases risks to life and property.
C.
Such notification shall be maintained with the record of all variance
actions for the referenced development in the Floodplain Overlay District.
D.
The Town 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.
A variance from these floodplain bylaws must meet the requirements
set out by state law, and may only be granted by the Board of Appeals
if they make the following findings: 1) Good and sufficient cause
and exceptional nonfinancial hardship exist; 2) the variance will
not result in additional threats to public safety, extraordinary public
expense, or fraud or victimization of the public; and 3) the variance
is the minimum action necessary to afford relief.
Violations of any section or provision of this bylaw may be
enforced by the institution of enforcement actions, either criminal
or civil, either legal or equitable, or both, or by fines of not more
than $300 for each offense. Each day that such offense continues shall
constitute a separate offense.
All preliminary and definitive subdivision applications filed
with the Town of Harwich Planning Board for land located within the
Floodplain Overlay District shall be reviewed by the Planning Board
as part of its review under the Subdivision Control Law[1] and the Harwich Subdivision Regulations[2] to assure that:
When proposing subdivisions greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the proposed subdivision plans.
A.
Existing regulation.
(1)
All development in the floodplain, including structural and
nonstructural activities, whether permitted by right or by special
permit, must be in compliance with the following:
(a)
Section of the State Building Code which addresses floodplain
and coastal high-hazard areas (currently 780 CMR).
(b)
Wetland Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00).
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).
(d)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00).
(e)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(f)
Minimum Requirements for the Subsurface Disposal of Sewage Regulations,
Town of Harwich.
(2)
Any variance from the provisions and requirements of the above-referenced
state or local regulations may only be granted in accordance with
the required variance procedures of these state or local regulations.
B.
Other use regulations.
(1)
Within Zones AH and AO on the FIRM, adequate drainage paths
are required around structures on slopes to guide floodwaters around
and away from proposed structures.
(2)
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.
(3)
Located within the floodplain are areas designated as coastal
high-hazard areas (Zone VE). Since these areas are extremely hazardous
due to high-velocity waters from tidal surges and hurricane wave wash,
the following provision shall apply: all new construction shall be
located landward of the reach of mean high tide. Existing contour
intervals of site and elevations of existing structures must be included
on any plan proposal.
The following uses of low flood damage potential and causing
no obstructions to flood flows are encouraged, provided that they
are permitted in the underlying district and they do not require structures,
fill, or storage of material or equipment:
A.
Agricultural uses, such as farming, grazing, horticulture, etc.
B.
Forestry and nursery uses.
C.
Outdoor recreational uses, including fishing, boating, play areas,
etc.
D.
Conservation of water, plants, and wildlife.
E.
Wildlife management areas and foot, bicycle and/or horse paths.
F.
Temporary nonresidential structures used in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises.
G.
Buildings lawfully existing prior to September 30, 1980.
A.
Notwithstanding the provisions of any other provision of the Harwich Zoning Bylaw to the contrary, except as otherwise provided pursuant to Subsection C of this section, a person shall be allowed to lift an existing structure located in an area of special flood hazard to a new and appropriate elevation, or constructing a staircase or other attendant structure necessitated by such raising without the need for Board of Appeals relief; provided, however, that this exemption shall apply only to the minimum extent or degree necessary to allow the structure to meet the new and appropriate elevation with adequate means of ingress, egress and accommodation of typical basement facilities.
B.
Appurtenant to lifting an existing structure, the existing structure
may be relocated elsewhere on the lot as long as said relocation does
not create a new, or increase the intensity of a setback nonconformity.
C.
The exemption established pursuant to Subsection A of this section shall not be available to a person who has altered or is seeking to alter the original dimensions of a structure if, had the alteration not been made, the structure could have been raised to meet the new and appropriate elevation either without the exemption or with an exemption of lesser degree than is needed with the alteration.
The definitions contained herein pertain only to this article
of the bylaw.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. The area may
be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
Means an area to accommodate utilities, laundry facilities
or mechanicals which are otherwise typically located within a basement
area.
The flood having a 1% chance of being equaled or exceeded
in any given year.
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone V1-30, VE, VO or V.
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].
Floodplain District.
Any commercial or municipal structure or residential dwelling
that currently exists, or existed prior to the catastrophic event,
at the time a request is made to elevate.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations or an
examination, evaluation and determination of flood-related erosion
hazards.
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].
Means the 1% FEMA base flood elevation plus up to an additional
three feet.
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:
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
state and local regulations.
A program administered by the Federal Emergency Management
Agency (FEMA).
Means any elevation to which a structure is raised, or is
to be raised, that is equal to or higher than the applicable FEMA
base flood elevation; provided, however, that in no case shall the
new and appropriate elevation exceed the highest applicable flood
elevation standard.
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, A99, AR,
AO, AH, V, VO, or VE. [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].
A structure, for floodplain management purposes, a walled
and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home. [US Code
of Federal Regulations, Title 44, Part 59].
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed.
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]
ZONE AAn area of special flood hazard without water surface elevations determined.
ZONE AEArea of special flood hazard with water surface elevations determined.
ZONE AHAreas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
ZONE AOArea of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
ZONE A99Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONE XAreas of minimal or moderate flood hazards or areas of future-conditions flood hazard.
ZONE VArea of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).
ZONE VEAn area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).
A grant of relief by a community from the terms of a floodplain
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 floodplain 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].
