WP to SC memo ordinance and map 1 28 2010
TO: City Council
FROM: Wayne Feiden, FAICP, Director of Planning and Development
RE: Proposed Zoning Map Change—Watershed Protection to Special Conservancy
DATE: January 28, 2010
Schedule—SUBJECT TO CHANGE Date Action
Referred from City Council 7/9/09 Refer to EDHLU, Ordinance & Planning Bd
EDHLU discussion 7/13/09, 8/10/09, and 9/14/09
EDHLU recommendation 9/14/09 in favor
Public Information Session 11/10/09
Legal notice and posting 11/25 and 12/3/09
Ordinance/Planning Board Public Hearing 12/10/09
Planning Board recommendation 12/10/09 in favor, by unanimous vote
Ordinance Committee recommendation 12/14/09 in favor
City Council 2/4 and 2/18/2010
Deadline for final City Council action 3/4/10
Most recent changes:
Remove Floodplain zoning restrictions in one area
off Bridge Road which was legally filled in years
past and is now clearly not floodplain (yellow on the
map below). The ordinance further defines the exact
objective here (160’ MSL), so that if more
information comes in showing the as-built elevations
we would not need to go back to City Council to
amend the zoning map.
Purpose
The proposed change will create a consistent set of standards throughout the city.
Ensure that all residential uses within the FEMA mapped 100 year floodplain and unmapped
floodplains are treated/regulated consistently throughout the city.
Establish consistency with the Sustainability Plan - development would be directed to parcels
that do not have environmental constraints such as wetlands or floodplains. New residential
development should not be allowed in floodplains.
Simplify permitting process for existing uses in floodplains, by eliminating the Planning
Board special permit.
Simplify zoning classifications by creating one floodplain zoning for residential uses and one
for business uses.
Parcels Subject to Zoning Change
A portion (often a small portion) of 970 parcels are in the Watershed Protection District. All
were notified (using the addresses from the Assessors’ records) and invited to an informal
discussion with staff and a formal public hearing.
The overwhelming vast majority of this land is completely undevelopable and therefore not
impacted by this change. Work within 200’ of a river (which generally applies to these parcels)
and 100’ from a wetland or intermittent stream requires a permit from the Conservation
Commission, and most of this land is not eligible for such a permit.
With proposed amendment from Councilor Carney 2/4/2010
Nine
Planning Board
§350-3.4 & attachment 1:1
Rezone Watershed Protection (WP) to Special Conservancy (SC)
§350-3.4—Zoning Map
{Amend the Northampton Zoning Map to:
1.Rezone the following areas to Special Conservancy (SC): ALL residential zoning
districts (RR, SR, URA, URB, and URC) currently within the Watershed Protection
(WP) overlay that are within the Federal Emergency Management Agency (FEMA)
mapped 100 year and 500 year floodplain or apparent floodplain; and
2.Drop Watershed Protection (WP) overlay from the areas described above; and
3.Drop Watershed Protection (WP) overlay from the areas that are NOT within the
FEMA mapped 100 year or 500 year floodplain or apparent floodplain;
4.Drop Watershed Protection (WP) from the areas that are currently WP that are at or
below 160’ MSL on parcels 18C-25, 18C-176, 18C-26, 18C-36, and 18C-28.
All as shown on the attached plan.The map on the following page is to inform the regulated
community of the area where these zoning changes will occur. The actual changes will be
based on revisions following the rules outlined above}
§350-3.4—Attachment 1:1 Table of Use Regulations
{Insert footnote symbol for Watershed Protection (WP) row and for every Special
Conservancy (SC) column. At bottom of each page in Table, insert the following after the
same footnote symbol:}
Flood Elevation Certificates are required prior to any Building Permit and any Certificate of
Occupancy for allsubstantial improvements as defined by the Federal Emergency
Management Agency (any rehabilitation, addition, or other improvement of a building when
the cost of the improvement equals or exceeds 50 percent of the market value of the building
before start of construction of the improvement).
{Make the following change to the table itself:}
Residential
RR SR URA
URB URC
Principal Use
Work in Watershed Protection FEMA Mapped 100 Floodplain (WPFP) Overlay District
Only if use is otherwise
allowed by zoning. See § 350-14.
New commercial structures or substantial improvements in PBNAPBNA PB NA PB NA PB
WPFP, meeting all requirements under the State Building NA
Code, Wetlands Protection Act, and city ordinances.
All other references to WP in attachment 1 to be changed to FP No other changes to
Attachment 1:1
Throughout entire Zoning Ordinance change all references to WP and Watershed Protection
to FP or Floodplain accordingly.
With proposed amendment from Councilor Carney 2/4/2010