The purpose of this article, in addition to the purposes enumerated in §
190-3 of this chapter, is to provide that lands in the Town of Wakefield subject to seasonal or periodic flooding, as described hereinafter, shall not be used for residence or other purposes in such a manner as to endanger health, safety or welfare of the occupants thereof or the occupants of other areas of the Town or region that might be affected by flooding.
[Amended 5-23-1994 ATM by Art. 40; 5-3-2010 ATM by Art. 28]
The Floodplain District is hereby established as an overlay
district. The underlying permitted uses are allowed, provided that
they meet the following additional requirements as well as those of
the Massachusetts State Building Code dealing with construction in
floodplains. The Floodplain District includes special flood hazard
areas within the Town of Wakefield designated as Zones 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 Wakefield
are Panel Numbers 25017C0313E, 25017C0314E, 25017C0318E, 25017C0427E
and 25017C0431E, dated June 4, 2010. The exact boundaries of the District
may be defined by the one-hundred-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 Town Clerk
and the Planning Board.
The following requirements apply in the Floodplain
District:
A. Within Zone A, where the base flood elevation is not
approved on the FIRM, the applicant shall obtain any existing base
flood elevation data and it shall be reviewed by the Building Inspector
for its reasonable utilization toward meeting the elevation or floodproofing
requirements, as appropriate, of the State Building Code.
B. In floodways,
designated on the FIRM maps, all encroachments, including fill, new
construction, substantial improvements to existing structures and
other development, are prohibited.
[Amended 5-3-2010 ATM by Art. 28]
C. Required
documentation of floodway data.
[Added 5-3-2010 ATM by Art. 28]
(1) 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.
(2) Base
flood elevation data is required for subdivision proposals or other
developments greater than 50 lots or five acres, whichever is the
lesser, within unnumbered A zones.
D. All subdivision
and development proposals must be designed to assure that:
[Added 5-3-2010 ATM by Art. 28]
(1) Such
proposals minimize flood damage;
(2) All
public utilities and facilities are located and constructed to minimize
or eliminate flood damage; and
(3) Adequate
drainage is provided to reduce exposure to flood hazards.