The purpose of this Article is to promote:
A. 
The health and safety of the occupants of lands subject to seasonal or periodic flooding in the Charles and Stop Rivers Floodplain District.
B. 
The preservation of the natural flood control characteristics and the water storage capacity of the Floodplain District.
C. 
The safety and purity of water; control and containment of sewage; safety of gas, electric, fuel and other utilities from breaking, leaking, short circuiting, grounding, igniting, electrocuting or any other dangers due to flooding.
A. 
The Floodplain District is superimposed over all districts established by this Bylaw. The Floodplain District is defined as all lands along or sloping to the Stop River and Charles River whose elevation is below 125 feet mean sea level based on the Massachusetts Geodetic Datum of 1929 (Elevation 124 based on NAVD 1988) and as shown on the Zoning Map and all the A Zone flood areas (Zone A and Zone AE) as shown on the Department of Homeland Security Flood Insurance Rate Map (FIRM) for Norfolk County, dated July 17, 2012, Community #250242, panel numbers: 25021C0153E, 25021C0154E, 25021C0158E, 25021C0159E, 25021C0162E, 25021C0164E, 25021C0166E, 25021C0167E, 25021C0168E, and 25021C0169, as amended.
B. 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
A. 
Land in the Floodplain District may be used for any purpose otherwise permitted in the underlying district except that:
(1) 
No building permit shall be issued nor any building, wall, dam or other structure shall be erected, constructed, altered, enlarged or otherwise created or moved for any purpose unless a special permit is issued by the Board of Appeals.
(2) 
Dumping, filling, excavating or transferring of any earth or fill material within the district is prohibited unless a special permit is issued by the Board of Appeals.
(3) 
No ponds or pools shall be created or other changes in watercourses allowed, whether for swimming, fishing or other recreational uses, agricultural uses, scenic features or drainage improvements or any other uses, unless a special permit is issued by the Board of Appeals.
B. 
Dams and water control devices.
(1) 
Proper operation and maintenance of existing dams and other water control devices are permitted uses under this Article. This includes the temporary alteration of the water level for emergency or maintenance purposes and the removal of any and all flashboards of a privately owned dam in order to lower the water level.
(2) 
No new dams or other water control devices shall be created unless a special permit is issued by the Board of Appeals.
C. 
Maintenance of municipal facilities, such as waterworks, pumping stations, existing public ways and parks, shall not be subject to a special permit under this Article.
A. 
Any person desiring a special permit for any use set out in § 300-10.3A above within the Floodplain District shall submit an application to the Board of Appeals, in accordance with the provisions of MGL c. 40A, as amended. The application shall be accompanied by plans of any construction and of the premises on which it is to be situated. All plans shall show existing and proposed finished ground contour at two-foot intervals. Contours shall be delineated within 200 feet of the proposed construction.
[Amended 4-28-2014 ATM by Art. 33]
B. 
Copies of the application for special permit to the Board of Appeals with accompanying plans shall also be sent to the Building Inspector, Board of Health, Conservation Commission and Planning Board for their recommendations to the Board of Appeals, as to their approval, disapproval or appropriate recommendations.
C. 
All such plans shall be certified by a registered land surveyor or a registered professional civil engineer.
D. 
Prior to submitting an application for special permit, the applicant shall have obtained an order of conditions or determination of nonapplicability, as appropriate, from the Medfield Conservation Commission; a copy of the Commission's decision shall be included with the application.
A. 
The Board of Appeals, after holding a public hearing, shall issue a permit under this Article if it finds that the use of the premises will not endanger the health or safety of the occupants thereof or of other land in the Floodplain District. In deciding applications for a special permit under this Article, but without limiting the generality of the foregoing, the Board of Appeals shall find affirmatively:
(1) 
That the basement floor elevation for any structure having sustained living occupancy shall be at least 125 feet above the mean sea level (NGVD 1929), and the top of the foundation wall shall be at least 132 feet above mean sea level (NGVD).
(2) 
That structures be so designed and secured that during flooding:
(a) 
The foundation would not be undermined.
(b) 
The structure will not be floated, battered off nor swept away.
(3) 
That safe vehicular and pedestrian access to, over and from the premises is provided on ways having all elevations no less than 125 feet above mean sea level (NGVD 1929), unless data indicated a higher ground.
(4) 
That because of the location, elevation or for other reasons, there will be no danger of pollution to public or on-site water facilities.
(5) 
That sewage, gas, electricity, fuel, and other utilities will be adequately protected from all hazards which may arise as a result of a severe flood.
(6) 
That the methods of drainage are adequate.
(7) 
That other land in the Floodplain District is nevertheless protected against diminution of value as a result of the proposed use of the premises.
(8) 
No new construction, improvement of existing structures, filling or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point in the Town.
(9) 
The proposed project, and its construction, will be consistent with the Conservation Commission's decision.
B. 
If any land included in the Floodplain District is found by the Board of Appeals not to be in fact subject to seasonal or periodic flooding, the Board of Appeals may grant a special permit for the use of such land for any purpose permitted in the underlying district.
C. 
No building permit shall be issued until the Board of Health has issued a permit under this Article approving the proposed sanitary and storm drainage system or has allowed 45 days to elapse after receipt of the application.
D. 
No certificate of occupancy shall be issued until the Board of Appeals, the Building Inspector, the Board of Health, the Conservation Commission and the Planning Board have received a certified plan showing the foundation and floor elevations, grading of the premises, elevations of the complete structure and all elevations of the various elements that make up the sewage disposal system, and it is determined by each board and the Building Inspector that all requirements of all permits are satisfied or 45 days have elapsed after the receipt of such plan by the Building Inspector and each board and notification of the Building Inspector and each board by the applicant for the completion of the work.
E. 
In consideration of any of the items under this § 300-10.5, Issuance of special permits, the Board of Health and the Board of Appeals shall consider the minimum groundwater level in the Floodplain District to be 123 feet above mean sea level, unless data indicate a higher groundwater level.
Nothing contained in this Article 10 shall limit the authority of the Board of Health with respect to premises in the Floodplain District or limit the applicability of the Commonwealth of Massachusetts State Building Code to any structure in the Floodplain District.
The furnishing of all plans and specifications necessary to all boards and authorities as required by this Article shall be the obligation of the applicant. Each board or authority shall immediately return to such applicant a dated receipt in duplicate, describing the documents received. Such receipt shall be prima facie evidence of delivery and date of delivery. A copy of each receipt shall be presented to the Board of Appeals at least two weeks before the date set for the hearing of the application.