For the purposes of this § 350-16, the following terms
shall have the following definitions:
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings 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).
FLOOD BOUNDARY AND FLOODWAY MAP
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.)
FLOOD HAZARD BOUNDARY MAP (FHBM)
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 (US
Code of Federal Regulations, Title 44, Part 59).
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).
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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).
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).
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, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30 (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
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home (US Code of Federal Regulations, Title
44, Part 59).
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).
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
44 CFR 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).
The floodplain management regulations found in this Floodplain
Overlay District section shall take precedence over any less restrictive
conflicting local laws, ordinances or codes.
The degree of flood protection required by this § 350-16
is considered reasonable but does not imply total flood protection.
If any section, provision or portion of this § 350-16
is deemed to be unconstitutional or invalid by a court, the remainder
of § 350-16 shall be effective.
If the City acquires data that changes the base flood elevation
in the FEMA mapped special flood hazard areas, the 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:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th Floor
Boston, MA 02110
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And copy of notification to:
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Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation
251 Causeway Street
Boston, MA 02114
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The City 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. The City 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 this § 350-16 must meet the requirements
set out by state law, and may only be granted if:
A. Good and sufficient cause and exceptional nonfinancial hardship exist;
B. The variance will not result in additional threats to public safety,
extraordinary public expense, or fraud or victimization of the public;
and
C. The variance is the minimum action necessary to afford relief.
The City of Northampton requires a permit for all proposed construction
or other development in the NFIP Overlay 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. Proponents
must acquire all necessary permits, and must demonstrate that all
necessary permits have been acquired.
All subdivision proposals and development proposals in the Floodplain
Overlay District shall be reviewed to assure that:
A. Such proposals minimize flood damage.
B. Public utilities and facilities are located and constructed so as
to minimize flood damage.
C. Adequate drainage is provided.
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.
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 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.
In a riverine situation, the Building Commissioner 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.
In A1-30, AH, AE, V1-30, 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.