The purposes of the Floodplain Districts are to protect the
public health, safety and general welfare, to protect human life and
property from the hazards of periodic flooding, to preserve the natural
flood control characteristics, and the flood storage capacity of the
floodplain, and to preserve and maintain the groundwater table and
water recharge areas within the floodplain.
No structure or building shall be erected, constructed, substantially
improved, or otherwise created or moved; no earth or other materials
dumped, filled, excavated, or transferred, unless a special permit
is granted by the Zoning Board of Appeals. Said Board may issue a
special permit hereunder (subject to other applicable provisions of
this bylaw) and of the Massachusetts General Laws if the application
is in compliance with the following provisions.
A. The proposed use shall comply in all respects with the provisions
of the underlying district; and
B. Within five (5) business days of receipt of the application the Zoning
Board of Appeals shall transmit one (1) copy of the application, containing
a site plan, to the Board of Selectmen, Board of Health, Conservation
Commission, Planning Board and Inspector of Buildings. Final action
shall not be taken until reports have been received from the above
Boards and officials, or until forty-five (45) days have elapsed,
and the above boards and officials have not taken any action.
C. All encroachments, including fill, new construction, substantial
improvements to existing structures, and other development are prohibited
unless certification by a registered professional engineer is provided
by the applicant demonstrating that such encroachment shall not result
in any increase in flood levels during the occurrence of the one-hundred-year
flood.
D. In considering an application to determine whether a site is reasonably
free from flooding, the Zoning Board of Appeals shall, to a degree
consistent with a reasonable use of the site, find the following requirements
to be fulfilled:
(1)
The location and construction of the utilities will minimize
or eliminate flood damage.
(2)
The method of disposal of sewage, refuse and other wastes, resulting
from the use permitted on the site, and the methods for providing
adequate drainage will minimize flood damage.
(3)
A good and sufficient case is demonstrated.
(4)
A determination that failure to grant the special permit would
result in exceptional hardship to the applicant.
(5)
The granting of a special permit will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws.
(6)
A determination that the special permit is for the minimum construction
necessary, considering the flood hazard, to afford relief.
E. The Board of Zoning Appeals may specify such additional requirements
and conditions as it finds necessary to protect the health, safety
and welfare of the public and the occupants of the proposed use.
F. A special permit shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
G. If a special permit is granted, the Zoning Board of Appeals shall
notify the applicant in writing above their signatures that:
(1)
The issuance of such a special permit to construct a structure
below the base flood elevation will result in increased premium rates
for flood insurance up to amounts as determined by National Flood
Insurance coverage.
(2)
Such construction below the base flood level increases risks
to life and property.
H. The Zoning Board of Appeals shall maintain a record of all special
permit actions, including justification for their issuance, and report
such special permit actions in the Annual Report submitted to the
Federal Flood Insurance Administration.
The Zoning Board of Appeals may grant a variance from these
Floodplain District requirements upon a determination that the variance
is the minimum necessary action, considering the flood hazard, to
afford relief to an applicant in the case of:
A. New structures to be erected on a lot contiguous to and surrounded
by lots with existing structures constructed below the flood protection
elevation; or
B. The restoration or reconstruction of a structure listed on the National
Register of Historic Places or an Official State Inventory of Historic
Places.
The applicant or petitioner must be notified in writing that
the issuance of a variance to locate a structure at an elevation below
the one-hundred-year flood level will result in increased actuarial
rates for flood insurance coverage. The applicant or petitioner shall
also be notified in writing that the issuance of a variance to construct
a structure below the one-hundred-year flood level increases risks
to life and property.
Upon granting of a variance or special permit, the Zoning Board
of Appeals shall require that:
A. A notice be recorded with the title records of the property at the
Worcester County Registry of Deeds, stating that the proposed construction
will be located in a flood hazard area. Said notice will also contain
a statement of the number of feet below the one-hundred-year flood
level that the lowest non-floodproofed floor of the proposed structure
shall be located.
B. The Town Clerk maintains a record of all variance actions, including
justification for their issuance and the number of variances issued.
The Clerk shall also send an Annual Report to the Flood Insurance
Administration of number of variances granted.
Where these flood provisions impose greater or lesser restrictions
or requirements than those of other applicable bylaws or regulations,
the more restrictive shall apply.
The invalidity of any section or provisions of this bylaw shall
not invalidate any other section or provision thereof.