The purposes of the Special Conservancy District are:
A. 
To protect the public health and safety, persons and property against the hazards of seasonal and periodic flooding. See also § 350-16;
B. 
To protect the entire community from individual choices of land use and development which require subsequent public expenditures for public works and disaster relief;
C. 
To provide that lands in the City of Northampton subject to seasonal or periodic flooding as described hereinafter shall not be used for residential or other purposes in such a manner as to endanger the health or safety of the occupants thereof;
D. 
To assure the continuation of the natural flow pattern of the watercourses within the City of Northampton in order to provide safe and adequate floodwater storage and conveyance capacity, to protect persons and property against the hazards of flood inundation, including damage from erosion and increased flood heights and velocities;
E. 
To protect, preserve and maintain the water table and water recharge areas with the City so as to preserve present and potential water supplies for the public health and safety of the residents of the City of Northampton;
F. 
To provide for the continued functioning of the river floodplain/wetlands as a natural system. The object is to avoid activities in the floodplain/wetlands which would interfere with natural food chains that support a myriad of living things recognizing that they serve mankind and all other life in assimilating waste, producing food, conserving water, and maintaining stability which has been called the balance of nature. Proper use of the floodplain/wetlands is considered to be such as would secure these benefits to all its users.
The Special Conservancy District shall generally cover the majority of the area contained within the floodplain of the Connecticut River, and is specifically that area show as "SC" on the Zoning Map of the City of Northampton.
A. 
The Planning Board is the special permit granting authority for all permits under this article. 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, it shall state the reasons therefor in writing.
B. 
The Planning Board may, as a condition of approval, require that effective notice be given to prospective purchasers of past flooding of said premises and the steps undertaken to alleviate the effects of the same.
The application for a special permit for a use in the Special Conservancy District shall include a site plan, in accordance with the standards in § 350-11.1. In addition to the requirements of § 350-10.1:
A. 
The site plan shall show elevation above mean sea level of the basement, first floor, ground elevation, and one-hundred-year floodplain level, and documentation that the project complies with all of the criteria of § 350-13.6.
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 built 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[1] (wet floodproofing).
[1]
Editor's Note: See Ch. 145, Building Regulations.
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 at 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.
The following conditions shall apply for the development of any portion of land within the SC District that is at or below the one-hundred-year floodplain:
A. 
The floor of the basement, or if none, the lowest floor of new construction of structures for residential uses shall be at or above the one-hundred-year flood elevation.
B. 
The floor of the basement, or if none, the lowest floor of new construction of structures for nonresidential uses shall be at or above the one-hundred-year flood elevation or floodproofed to the one-hundred-year flood elevation.
C. 
All structures shall be so designed, constructed, and secured to prevent flotation, collapse, or lateral movement of the structure during flooding, and to be consistent with the need to minimize flood damage.
D. 
There shall be no danger of pollution to public or on-site water supply facilities due to the location or elevation of the building, filling of the area, infiltration of floodwaters, or for other reasons.
E. 
Utilities shall be so located and constructed as to minimize or eliminate flood damage.
F. 
Adequate methods shall be provided for the periodic disposal of sewage, refuse and other wastes resulting from the uses permitted on the site.
G. 
Where the topography and soil conditions permit, adequate drainage shall be provided so as to minimize flood damage.
H. 
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.
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.