[Amended 10-23-2006 ATM by Art. 5; 5-18-2009 ATM by Art. 11]
The purposes of the Floodplain District are to:
A.
Ensure public safety through reducing the threats to life and personal
injury;
B.
Avoid creating new flooding hazards;
C.
Prevent the occurrence of public emergencies resulting from water
quality contamination and pollution due to flooding;
D.
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact sections of the
community beyond the site of flooding;
E.
Reduce or eliminate costs associated with the response and cleanup
of flooding conditions; and
F.
Reduce damage to public and private property resulting from flooding
waters.
[Amended 5-14-2012 ATM by Art. 14]
The Floodplain District is herein established as an overlay
district. The District includes all special flood hazard areas designated
on the Salisbury Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the NFIP,
effective July 3, 2012, as Zones A, AE, AH, AO and VE, which indicate
the one-hundred-year regulatory floodplain. The map panels of the
Essex County FIRM that are wholly or partially within the Town of
Salisbury are panel numbers 25009C0018F, 25009C0019F, 25009C0050F,
25009C0106F, 25009C0107F, 25009C0109F, 25009C0126F, 25009C0127F, 25009C0128F,
25009C0129F, and 25009C0133F dated July 3, 2012. The exact boundaries
of the District may be defined by the one-hundred-year base flood
elevations shown on the FIRM and further defined by the Flood Insurance
Study (FIS) report, effective July 3, 2012. The FIRM and FIS report
are incorporated herein by reference, are on file with the Town Assessor,
the Town Clerk, and the Building Department, and are available for
public inspection.
A.
Floodway data. 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 one-hundred-year base flood
discharge.
B.
Base flood elevation data. Base flood elevation data are required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A zones.
A.
Reference to existing regulations.
(1)
The Floodplain District is established as an overlay district
to all other districts. All development in the district, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL c. 131, § 40,
and with the following:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR);
[Amended 5-14-2012 ATM by Art. 14]
(b)
Wetlands 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);
and
(e)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(2)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
B.
Other use regulations.
(1)
Within Zones AH and AO on the FIRM, adequate drainage paths
must be provided around structures on slopes to guide floodwaters
around and away from proposed structures.
(2)
Man-made alteration of sand dunes within Zone VE that would
increase potential flood damage is prohibited.
(3)
All new construction within Zone VE must be located landward
of the reach of mean high tide.
In a riverine situation, the Conservation Agent and/or the Conservation
Commission shall notify the following of any alteration or relocation
of a watercourse:
