[Amended 5-16-2023 ATM by Art. 32]
The purpose of the Floodplain District is to:
A.
Ensure public safety through reducing the threats to life and personal
injury.
B.
Eliminate new hazards to emergency response officials.
C.
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
D.
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.
E.
Eliminate costs associated with the response and cleanup of flooding
conditions.
F.
Reduce damage to public and private property resulting from flooding
waters.
A.
The Floodplain District is herein established as an overlay district
and includes all special flood hazard areas within the Town of North
Andover designated as Zones A, AE, AH, AO, A99, V or VE on the Essex
County Flood Insurance Rate Maps (FIRMs) dated July 19, 2018, issued
by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The map panels of the Essex
County FIRMs that are wholly or partially within the Town of North
Andover are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F,
25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F,
25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F,
25009C0377F and 25009C0381F, dated July 19, 2018. The exact boundaries
of the district shall be defined by the 1% chance base flood elevations
shown on the FIRM and further defined by the Essex County Flood Insurance
Study (FIS) report dated July 19, 2018. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk,
Planning Board, Building Official and Conservation Commission.
B.
Areas designated as floodplain on the North Andover Flood Insurance
Rate Maps may be determined to be outside the Floodplain District
by the Building Inspector, in consultation with the Director of the
Division of Public Works, if an accurate topographic and property
line survey of the area conducted by a registered professional engineer
or land surveyor shows that the floodplain contour elevation does
not occur in any area of proposed buildings, structures, improvements,
excavation, filling, paving, or other work activity. The person requesting
the determination shall provide any other information deemed necessary
by the Building Inspector, in consultation with the Director of the
Division of Public Works, to make that determination. If the Building
Inspector, in consultation with the Director of the Division of Public
Works, determines that the Flood Insurance Rate Maps are in error,
the subject area shall not be regulated as occurring within the Floodplain
District, and any such determination shall be noted on the Flood Insurance
Rate Maps. Nothing in this section shall prohibit the Conservation
Commission, Board of Health, or other Town officials or Board from
making nonzoning determinations of the floodplain or performing their
official duties.
The Town of North Andover hereby designates the position of
Building Inspector to be the official floodplain administrator for
the Town of North Andover.
The Town of North Andover requires a permit for all proposed
construction or other development in the Floodplain 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 any other development that
might increase flooding or adversely impact flood risks to other properties.
The Town's permit review process includes the requirement
that the proponent obtain 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 demonstrate that all necessary permits have been
acquired.
In Zones A, A1-30, 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.
In A Zones, in the absence of FEMA BFE data and floodway data,
the Building Department 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 and 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.
Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
In A1-30, AH, AE 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.
In a riverine situation, the Building Inspector shall notify
the following of any alteration or relocation of a watercourse:
A.
Adjacent communities, especially upstream and downstream.
B.
Bordering states, if affected.
C.
NFIP State Coordinator, Massachusetts Department of Conservation
and Recreation 251 Causeway Street, 8th floor, Boston, MA 02114.
D.
NFIP Program Specialist, Federal Emergency Management Agency, Region
I 99 High Street, 6th Floor, Boston, MA 02110.
If the town/city acquires data that changes the base flood elevation
in the FEMA mapped special flood hazard areas, the town/city 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:
A.
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.
B.
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. Such notification shall be maintained
with the record of all variance actions for the referenced development
in the floodplain overlay district.
A variance from these Floodplain Bylaws must meet the requirements
set out by state law, and may only be granted if: 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.
A.
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 MGL c. 131, § 40 and
with the following:
(1)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high-hazard areas (currently 780 CMR 120G);
(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)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5);
B.
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.
C.
The floodplain management regulations found in this Floodplain District
part shall take precedence over any less restrictive local laws, bylaws
or codes.
A.
Within Zones A1-A30 and AE, along watercourses that have a regulatory
floodway within the Town of North Andover, on the Essex County FIRMs
dated July 19, 2018, encroachments, including fill, new construction,
substantial improvement, and other development 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.
However, a registered professional engineer may provide hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice proof and certification to the Building Commissioner, in
conjunction with the Director of the Division of Public Works, demonstrating
that such encroachments shall not increase flood levels during the
occurrence of the 100-year flood, and if the Building Commissioner,
in conjunction with the Director of the Division Public Works, approves
this certification, such encroachments shall not be deemed to be prohibited.
B.
Subdivision proposals.
(1)
All subdivision proposals filed in accordance with MGL c. 41,
§§ 81S and 81T (or any revisions to the Subdivision
Control Law referencing the submission of preliminary or definitive
subdivision plans), respectively, and development proposals, shall
be designed so that:
(a)
Such proposals minimize flood damage;
(b)
All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
(d)
When proposing subdivisions or other developments 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 design plans.
(2)
Existing contour intervals of site and elevations of existing
structures must be included on the plan proposal.
(3)
The applicant shall circulate or transmit one copy of the development
plan to the Conservation Commission, Planning Board, Board of Health,
Town Engineer, and Building Commissioner for comments which will be
considered by the appropriate permitting board prior to issuing applicable
permits.
The following uses of low flood damage potential and causing
no obstruction to flood flows are encouraged, provided they are permitted
in the underlying district and they do not require structures, fill
or storage of materials or equipment:
A.
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
B.
Forestry and nursery uses.
C.
Outdoor recreational uses, including fishing, boating, play areas,
etc.
D.
Conservation of water, plants, wildlife.
E.
Wildlife management areas, 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 the adoption of these provisions.
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
If any section, provision or portion of this bylaw is deemed
to be unconstitutional or invalid by a court, the remainder of the
bylaw shall be effective.
The provisions shall be enforced by the North Andover Building
Inspector. The Building Inspector, upon being informed in writing
of a possible violation of this bylaw or on his own initiative, shall
make or cause to be made an investigation of facts and an inspection
of the premises where such violation may exist. If the Building Inspector
is so informed in writing and declines to act, he/she shall, within
14 days of his receipt of such information, give to his informant,
in writing, his reasons for refraining from taking any action. The
Building Inspector, on evidence of any violation after investigation
and inspection, shall give written notice of such violation to the
owner and to the occupant of such premises, and the Building Inspector
shall demand in such notice that such violation be abated within such
reasonable time as may be given by mail addressed to the owner at
the address appearing for him/her on the most recent real estate tax
records of North Andover, and to the occupant at the address of the
premises of such seeming violation. If, after such notice and demand,
such violation has not been abated within the time specified, the
Building Inspector or the Selectmen shall institute appropriate action
or proceedings in the name of the Town of North Andover to prevent,
correct, restrain, or abate any violation of this bylaw.
See "base flood."
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.
The flood having 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 or tsunamis. The area is designated
on a FIRM as Zones V, V1-30, and VE.
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. (44 CFR Part 59)
The Floodplain District.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) and which is completed before the effective
date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The agency that 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 issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
(44 CFR Part 59).
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 a 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 the 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. (44 CFR 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. (44 CFR
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:
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
NFIP Regulation 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For floodplain management purposes, structures for which
the start of construction commenced on or after the effective date
of the first floodplain management code, bylaw, regulation 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) For
the purpose of determining insurance rates, "new construction" means
structures for which the start of construction commenced on or after
the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by a community.
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. (44 CFR Part 59).
See "floodway."
The land areas 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. (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.
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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]
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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. (44 CFR Part 59) "Structure," for
insurance coverage purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site, as well as a manufactured home on
a foundation. For the latter purpose, the term includes a building
while in the course of construction, alteration, or repair, but does
not include building materials or supplies intended for use in such
construction, alteration, or repair, unless such materials or supplies
are within an enclosed building on the premises.
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.
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 Inspector 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 floodplain
management regulation. (44 CFR 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 is presumed to be in violation until such time as
that documentation is provided. (44 CFR Part 59).
The 100-year floodplain area where the base flood elevation
(BFE) has not been determined. To determine the BFE, use the best
available federal, state, local, or other data.
The 100-year floodplain where the base flood elevation has
been determined.
Areas to be protected from the 100-year flood by federal
flood protection system under construction. Base flood elevations
have not been determined.
The 100-year floodplain with flood depths of one foot to
three feet.
A special flood hazard area along a coast subject to inundation
by the 100-year flood with the additional hazards associated with
storm waves. Base flood elevations have not been determined.
A special flood hazard area along a coast subject to inundation
by the 100-year flood with additional hazards due to velocity (wave
action). Base flood elevations have been determined.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.[1]
[1]
Editor's Note: Original § 4.2, Phased Development,
which immediately followed this section, expired 7-1-2009 and is therefore
no longer included in the Zoning Bylaw.
