The purpose of the Floodplain District is:
A.
To preserve and protect the streams and other watercourses
in the City of Northampton and their adjoining lands;
B.
To protect the health and safety of persons and property against the hazards of flooding and contamination, as specified in § 350-13.1 and Section 16;
[Amended 6-15-2023 by Ord. No. 23.322]
C.
To preserve and maintain the groundwater table for
water supply purposes, and protection of adequate base flows of streams
and rivers;
D.
To protect the community against the detrimental use
and development of lands adjoining such watercourses;
E.
To conserve the watershed areas of the City of Northampton
for the health, safety, and welfare of the public.
The Floodplain District is superimposed over any other district established by this chapter. The rules for this superimposed district shall be in addition to, rather than in place of, the rules for such other districts. The boundaries of the district shall be as shown in the Zoning Map of the City of Northampton. The boundary of the Floodplain District shall be interpreted as set forth in § 350-3.6.
Municipal use, such as waterworks, pumping stations
and parks, is permitted under this section. Land in the Floodplain
District may be used for any purpose otherwise permitted in the underlying
district, except that:
A.
No structure intended for human occupancy or use on a permanent basis having water and sewerage facilities and no other building, wall, dam or structure shall be erected, constructed, substantially improved, or moved for any purpose unless a special permit or site plan as specified within § 350-5.2, Table of Use Regulations,[1] from the Planning Board is issued.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
B.
The dumping or filling of any earth material in excess
of 50 cubic yards within the Floodplain District is prohibited unless
a special permit from the Planning Board is issued.
The Planning Board shall send copies of the
application for the special permit and accompanying plans to the Building
Commissioner, Board of Health and the Conservation Commission for
their recommendations. The Planning Board shall not act until 30 days
after it sends copies of the application to the reviewing agencies.
The Planning Board shall give due consideration to all recommendations
and, where its decision differs from the recommendations received,
shall state the reasons therefor in writing.
The application for a special permit for a use in the Floodplain District shall include a site plan, in accordance with the standards in § 350-11.1. In addition to the requirements of § 350-10.1, the site plan shall include the following:
A.
The elevation above mean sea level of the basement, first floor, ground elevation, and one-hundred-year floodplain level, and documentation how the project complies with all of the criteria of § 350-14.6.
B.
For all structures where any part of the structure
will be below the floodplain elevation the applicant shall provide
certification from a registered professional engineer or architect
that the building is designed, constructed, and anchored to prevent
flotation, collapse, or lateral movement of the structure during flooding.
This requirement shall not apply to structures accessory to residential
uses and structures used for agriculture, horticulture and floriculture
where those structures are build with concrete frost and foundation
walls that extend at least six inches above the one-hundred-year floodplain
and where the walls are built to allow flow of water on both sides
of the concrete wall in accordance with the State Building Code (wet
floodproofing).
C.
For special permit applications for any use other
than structures accessory to residential structures containing one
to three dwelling units and structures used for agriculture, horticulture
and floriculture the requirement for a site plan of one inch equals
40 feet with contours may not be waived unless the entire project
is above the one-hundred-year floodplain.
D.
A statement indicating what other permits or approvals
are required or have been obtained from state and/or federal agencies.
E.
Where Federal Flood Insurance Rate Maps do not indicate
a base flood elevation, data from alternative sources shall be included
in order to help determine that elevation.
The following conditions shall apply for the
development of any portion of land within the Floodplain District
that is at or below the one-hundred-year floodplain:
A.
The lot(s) shall be served by a public water system,
designed so as to minimize or eliminate infiltration of floodwaters
into that system,
B.
If the lot(s) is to be served by a public sewerage
system, the sanitary system shall be designed to minimize or eliminate
infiltration of floodwater into the system and discharges from the
system into floodwaters.
C.
If the lot(s) is to be served by an on-lot septic
system, the following conditions shall apply in addition to those
otherwise listed in this section:
(1)
On-lot septic systems shall be located and designed
so as to avoid damage to systems by floodwaters or infiltration of
floodwaters into the system and to avoid discharges from the systems
during flooding.
(2)
All on-lot septic systems shall comply with
the requirements of the Northampton Board of Health and State Sanitary
Code in regard to percolation testing and leaching area location.
(3)
The leaching area designed for use, as well
as a reserved area for future expansion, shall be plotted with dimensions
on the plan submitted. The leaching area shall not be constructed
within 75 feet of the mean high-water mark.
D.
Flood damage prevention.
(1)
If the basement floor level is below the one-hundred-year
flood elevation and affords the possibility of human occupancy at
some future date, although not originally intended, the foundation
shall be sealed by a water resistant sealer and adequate perimeter
drainage shall be installed to withstand or reduce the effect of pressure
and seepage. Furnace and utilities are to be protected from the effects
of water damage by seepage or flooding.
(2)
In the case of new construction or substantial
improvement to a structure for residential uses, the floor of the
basement, or if none, the lowest floor of the construction, shall
be at or above the one-hundred-year flood elevation.
(3)
In the case of new construction or substantial
improvement of structures for nonresidential uses, other than accessory
structures, the floor of the basement, or if none, the lowest floor
of the structure, shall be at or above the one-hundred-year flood
elevation or shall be floodproofed to the one-hundred-year flood elevation.
(4)
Accessory structures shall be designed so as
to provide adequate anchoring and foundation construction so as to
minimize any flood damage to the structure.
E.
Utilities.
(1)
Utilities, other than water and sewerage heretofore
referred to, shall be located and constructed so as to minimize or
eliminate flood damage to them.
(2)
Adequate methods shall be provided for the periodic
disposal of sewage, refuse and other wastes resulting from the uses
permitted on the site. Where the topography and soil conditions permit,
adequate drainage shall be provided so as to minimize flood damage.
(3)
The applicant shall show that the proposed development
will not endanger health and safety, including safety of gas, electricity,
fuel, and other utilities from breaking, leaking, short circuiting,
grounding, igniting or electrocuting; obstruct or divert flood flow;
substantially reduce natural floodwater storage capacity; or increase
stormwater runoff velocity so that water levels on other land are
substantially raised or the danger from flooding increased.
F.
Safe vehicular and pedestrian movement to, over, and
from the premises should be provided with the exception that all roads
and driveways shall be at or near grade level to prevent unwarranted
diking.
The Board may, as a condition of approval, require
that effective notice be given to prospective purchasers, by signs
or otherwise of past flooding of said premises, and the steps undertaken
by the petitioner or his successor in title to alleviate the effects
of the same.
No occupancy permit shall be issued until the
Building Commissioner has received a certified plan showing the foundation
and floor elevations, grading of the premises, elevations of the completed
construction, and all elevations of the various elements that make
up the sewage disposal system, and stating that all requirements of
all permits obtainable at the time have been satisfied.
The portion of any lot in the district may be
used to meet the area and yard regulations for the district in which
the remainder of the lot is situated, provided that no more than 50%
of the lot area is within the Floodplain District.
