[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 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:
A. 
Such proposals minimize flood damage;
B. 
Public utilities and facilities are located and constructed so as to minimize flood damage; and
C. 
Adequate drainage is provided.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[2]
Editor's Note: The Subdivision Regulations are available in the Town offices.
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.
(g) 
Harwich Wetlands Protective Bylaw.[1]
[1]
Editor's Note: See Ch. 310, Wetlands Protection.
(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.
AREA OF SPECIAL FLOOD HAZARD
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.
ATTENDANT STRUCTURE
Means an area to accommodate utilities, laundry facilities or mechanicals which are otherwise typically located within a basement area.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year.
COASTAL HIGH-HAZARD AREA
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.
DEVELOPMENT
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].
DISTRICT
Floodplain District.
EXISTING STRUCTURE
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.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
FLOODWAY
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].
FUNCTIONALLY DEPENDENT USE
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].
HIGHEST ADJACENT GRADE
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].
HIGHEST APPLICABLE FLOOD ELEVATION STANDARD
Means the 1% FEMA base flood elevation plus up to an additional three feet.
HISTORIC STRUCTURE
Any structure that is:
A. 
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;
B. 
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;
C. 
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
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59].
LOWEST FLOOR
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.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
A program administered by the Federal Emergency Management Agency (FEMA).
NEW AND APPROPRIATE ELEVATION
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.
NEW CONSTRUCTION
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]
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Four hundred square feet or less when measured at the largest horizontal projection;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck; and
D. 
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].
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
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].
START OF CONSTRUCTION
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].
STRUCTURE
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].
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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.
SUBSTANTIAL REPAIR OF A FOUNDATION
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]
TYPES OF FLOOD ZONE DESIGNATIONS
A. 
ZONE AAn area of special flood hazard without water surface elevations determined.
B. 
ZONE AEArea of special flood hazard with water surface elevations determined.
C. 
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.
D. 
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.)
E. 
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.)
F. 
ZONE XAreas of minimal or moderate flood hazards or areas of future-conditions flood hazard.
G. 
ZONE VArea of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).
H. 
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).
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59].
VIOLATION
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].