[Amended 5-4-1982 ATM by Art. 17; 4-7-2011 ATM by Art. 20]
1702.1.
The purposes of the Federal Flood Plain Protection
District are to protect the health and safety of persons in the Town
against the hazards of flooding; to reduce damage to public and private
property resulting from flooding; to control development within lands
identified as flood hazard areas; and to maintain the Town’s
eligibility to participate in the National Flood Insurance Program
and thereby enable Town property owners to purchase insurance against
damage to, or loss of, real property or personal property arising
from a flood. As used herein, FIRM means the Federal Insurance Rate
Map, as described in § 198-302.1.2.
1702.2.
The following requirements apply in the Federal
Flood Plain Protection District:
1702.2.1.
In Zone AE, where the base flood elevation is
provided on the FIRM, the base flood elevation shall be utilized to
meet the elevation or floodproofing requirements of the State Building
Code, Seventh Edition, 780 CMR 120.G, “Flood Resistant Construction”,
as may be modified in subsequent editions. Within Zone A, where the
base flood elevation is not provided on the FIRM, each applicant for
a building permit for any building and/or structure within Zone A
shall obtain the best available base flood elevation data, which shall
be reviewed by the Building Commissioner and used to meet said elevation
or floodproofing requirements. Base flood elevation data is required
for subdivision proposals or other developments greater than five
acres within Zone A.
1702.2.2.
All encroachments, including fill, new construction,
substantial improvements to existing structures and other development,
are prohibited, unless certification by a registered professional
engineer or architect is provided by the applicant for a building
and/or special permit for any such encroachment within the floodway
demonstrating that such encroachment shall not result in an increase
in flood levels within the Town during the occurrence of the one-hundred-year
flood. Along waterways that have not had a regulatory floodway designated
on the FIRM, the best available federal, state, Town or other floodway
data shall be used to provide the certification that the encroachment
will not result in an increase in said flood levels.
1702.3. All development in the Federal Flood Plain Protection District, including
structural and nonstructural activities, that is in compliance with
this Bylaw, must also be in compliance with the following state and
Town requirements, and any waivers or variances from said requirements
may only be granted in accordance with the procedures of those requirements:
1702.3.1. The current requirements of the Massachusetts State Building Code
for construction in flood hazard areas.
1702.3.2. The Wetlands Protection Act, MGL c. 131, § 40, and its Regulations
(currently 310 CMR 10.00 et seq.).
1702.3.3. Inland Wetlands Restriction Regulations (currently 310 CMR 13.00).
1702.3.4. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage
(“Title V”) (currently 310 CMR 15,000 et seq.).
1702.3.5. Town Bylaws, Chapter
194, Wetlands and Water Resources Protection, and the Rules and Regulations of the Town Conservation Commission, as currently in effect.