(overlay to all other districts)
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.
A. 
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Charlton designated as Zones A and AE, on the Worcester County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Worcester County FIRM that are wholly or partially within the Town of Charlton are panel numbers 25027C0767E, 25027C0768E, 25027C0769E, 25027C0780E, 25027C0783E, 25027C0786E, 25027C0787E, 25027C0788E, 25027C0789E, 25027C0791E, 25027C0792E, 25027C0793E, 25027C0794E, 25027C0931E, 25027C0932E, 25027C0951E, 25027C0952E, 25027C0953E, 25027C0954E, 25027C0956E, 25027C0957E and 25027C0958E, dated July 4, 2011. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 4, 2011. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk.
B. 
Within Zone A, where the one-hundred-year flood elevation is not provided on the FIRM, the developer/applicant shall obtain existing flood elevation data, and it shall be reviewed by the Town Inspector of Buildings. If the Inspector of Buildings determines that the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this bylaw and the State Building Code. If the determination is that the land is in the floodplain, the Inspector of Buildings shall notify the Planning Board and the developer/applicant.
A. 
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40, and with the following:
(1) 
Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");
(2) 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(3) 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4) 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
B. 
Permitted uses. The following uses of low flood damage potential and uses which cause no or little obstruction to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill or storage of material and equipment:
(1) 
Agricultural uses such as farming, grazing, truck farming, horticulture, and the like.
(2) 
Forestry and nursery uses.
(3) 
Outdoor recreational uses, including fishing, boating, play areas, and the like.
(4) 
Conservation of water.
(5) 
Wildlife management areas; foot, bicycle, and/or horse paths.
(6) 
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
(7) 
Buildings lawfully existing prior to the adoption of these provisions.
C. 
Notification of watercourse alteration. In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities
(2)
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
(3)
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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.
A. 
Variances shall not be issued for any new construction, substantial improvement, or other development in a designated floodplain zone which would result in a significant increase in flood heights within the Town during the occurrence of the one-hundred-year flood.
B. 
Variances shall not be issued except:
(1) 
That the Zoning Board of Appeals specifically finds that, owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the applicant or petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw; or
(2) 
A determination that the variance issuance will not result in significantly increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws or regulations.
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.