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;
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 as an attachment to 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.