Floodplain District Amend (ordinance) 5-13-10 — File 189457

- 1 - CITY OF SOMERVILLE ORDINANCE NO. _________ IN THE BOARD OF ALDERMEN: ______ AN ORDINANCE AMENDING THE SOMERVILLE ZONING ORDINANCE TO MODIFY THE FLOODPLAIN OVERLAY DISTRICT IN ARTICLE 6 “ESTABLISHMENT OF ZONING DISTRICTS” TO COMPLY WITH 44 CODE OF FEDERAL REGULATIONS (CFR) SECTION 60.3(D) OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) REGULATIONS WHEREAS, the City of Somerville is currently a participating municipality in the National Flood Insurance Program; and, WHEREAS, the City must be in compliance with 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations to remain eligible for the program; and, WHEREAS, the current language of Floodplain Overlay District does not satisfy the updated NFIP regulations; now, THEREFORE, be it adopted by the Board of Aldermen, in session assembled, that the below listed sections of the Somerville Zoning Ordinance are hereby amended as identified. 1. Article 6: 6.1.18 Floodplain Overlay District is hereby amended to read as follows (additions are underlined and deletions are crossed out): B. Compliance with Existing Regulations. All development in the district including structural and non-structural activities whether permitted by right or by special permit must be in compliance with the following: • 780 CMR 120G 2102 of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas; • 310 CMR 10.00, Wetlands Protection Regulations, Department of Environmental Protection (DEP); • Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with required variance procedures of these state regulations. 2. Article 6: 6.1.18.C Definitions is hereby amended to read as follows (additions are underlined and deletions are crossed out): Zone AE A1 - A30 means the 100-year floodplain where the base flood elevation has been determined. 3. Article 6: 6.1.18.D Floodplain District Boundaries And Base Flood Elevation Data is hereby amended to read as follows (additions are underlined and deletions are crossed out):

- 2 - The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the City of Somerville designated as Zone AE on the 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 City of Somerville are panel numbers 25017C0417E, 25017C0419E, 25017C0436E, 25017C0438E, 25017C0439E, 25017C0576E, 25017C0577E dated June 4, 2010. The exact boundaries of the District may be defined by the 100-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 City Clerk, Planning Board, Inspectional Services, Conservation Commission and City Engineer. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Somerville, MA Flood Insurance Rate Map (FIRM) issued by FEMA (successor to the U.S. Department of Housing and Urban Development, HUD) for the administration of the NFIP effective date July 17, 1986 as Zone A, both maps which indicate the 100-year regulatory floodplain. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance study booklet dated July 17, 1986 as it may be further amended. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the City Clerk, Planning Board, Inspectional Services, Conservation Commission and City Engineer. 4. Article 6: 6.1.18 E: Floodway Data is hereby amended to read as follows (additions are underlined and deletions are crossed out): In "A" Zones, 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 Zones AE A1-30, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zones AE A1-30, along watercourses that have regulatory floodways designated within the City of Somerville on the Middlesex County FIRMs on the Somerville 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.