ARTICLE EIGHT: FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT
The purpose of the Flood Hazard Protective Overlay District (FHPO) is to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the groundwater table and water recharge areas within the flood plain.
8.2 DISTRICT BOUNDARIES
The boundaries of the FHPO District are established by Article 3.3 of this By-Law.
Whenever 100-year flood elevations within Zone A and/or Zone AE are not provided on the Bristol County Flood Insurance Rate Map, a developer/applicant seeking a permit shall provide flood elevation data required for compliance with this By-Law and statutory requirements.
Whenever an area outside of Zone A and/or Zone AE on the Bristol County Flood Insurance Rate Maps has been shown and calculated to be within the 100-year flood as delineated by the Massachusetts Wetlands Protection Act and by survey, said area shall be considered to be a Zone A as defined by the National Flood Insurance Program, and shall comply with Article Eight (8) of this By-Law. (this paragraph added A.T.M. 5/15/89; amended 05/18/09)
8.3 USES IN THE FHPO DISTRICT
8.3.1 GENERAL PROVISIONS
The Flood Hazard Protective Overlay District is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted as a right or by a special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts Building Code pertaining to construction in flood plains (currently Section 744).
8.3.2 PERMITTED USES
The following uses of low flood damage potential and causing no obstructions to flood flows, shall be permitted provided they do not require structures, fill or storage of material or equipment.
1. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
2. Forestry and nursery use.
3. Outdoor recreational uses, including fishing, boating, play areas, etc.
4. Conservation of water, plants, wildlife.
5. Wildlife management areas, foot, bicycle, and/or horse paths.
6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
7. Maintenance, repair and reconstruction up to 50% of market value of buildings lawfully existing prior to the adoption of these provisions but not including improvements which increase ground coverage.
8. Creation and maintenance of ponds up to one acre in area.
9. Installation of utility lines.
10. Installation of driveway of minimum size necessary to serve areas outside the district where other access is not feasible, provided no change in grade exceeds one foot vertically.
11. The portion of any lot within the district may be used to meet area and yard requirements for the district(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the minimum required lot area shall be contiguous dry land. (underlined added A.T.M. 5/15/89)
8.3.3 USES BY SPECIAL PERMIT
1. Any use permitted in the underlying district by right or by special permit may be allowed by special permit from the Board of Appeals as the special permit granting authority. Such special permit shall be subject to conditions determined by the Special Permit Granting Authority to be necessary to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the groundwater table and water recharge areas within the flood hazard protective district.
2. No structure or building shall be erected, constructed, substantially improved, reconstructed (except as provided in Section 8.3.2 Permitted Uses Within the Flood Hazard Protective Overlay District) or otherwise created or moved: no earth or other material dumped, filled, excavated or transferred, unless a special permit is granted.
3. The Zoning Board of Appeals, as the special permit granting authority, may issue a special permit subject to the following provisions.
The proposed use shall comply in all respects to the provisions of the underlying District in which the land is located.
Within 10 days of the receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health, and Inspector of Buildings. Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed.
All encroachments, including fill, new construction, substantial improvements to existing structures, and other development and are prohibited in the floodway unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.
The Board may specify such additional requirements and conditions as it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.
All development, including structural and non-structural activities, whether permitted as a right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Law and with the requirements of the Massachusetts Building Code, pertaining to construction in the flood plains.
8.3.4 PROHIBITED USES
a The storage or disposal of any soil, loam, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris, or dredged spoil.
b. Draining, excavation or dredging or removal or relocation of loam, peat, sand, gravel, soil or other mineral substance, except as accessory to work permitted as of right or by special permit.
c. The storage or disposal of materials used for snow and ice control including sand, salt and other de-icing chemicals.
d. The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of Section 27 (8), 52, 57 and 58 of Chapter 21 of the General Laws and by the Department of Environmental Protection of the Commonwealth of Massachusetts. (amended S.T.M. 2/12/90)
e. Construction of structures or buildings except as permitted under sections on permitted uses and special permits.
8.3.5 Base Flood Elevation and Floodway Data (added A.T.M. 5/18/15)
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. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five (5) acres, whichever is the lesser, within unnumbered A zones.
c. In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County 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.
8.3.6 Notification of Watercourse Alteration (added A.T.M. 5/18/15)
In a riverine situation, the Conservation Commission or its designee~shall notify the following of any alteration or relocation of a watercourse:
Massachusetts Department of Conservation and Recreation
251Causeway Street, Suite 600-700
Boston, MA~ 02114-2104
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA~ 02110
8.3.7 OTHER USE REGULATIONS (added A.T.M. 5/18/15)
All subdivision proposals must be designed to assure 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.