The purpose of this article is to:
A. 
Provide that lands in the City of Taunton subject to seasonal or periodic flooding as described in this article shall not be used for residences or other purposes in such a manner as to endanger the health and safety of the occupants thereof.
B. 
Protect persons and property within the City of Taunton from the hazards of flood inundation by assuring the continuation of natural flow patterns and the maintenance of adequate and safe floodwater storage capacity.
C. 
Protect the community against pollution and costs which may be incurred when unsuitable uses occur in areas subject to seasonal or periodic flooding.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Subject to special restrictions of this article, the dimensional, area, location, height, etc., requirements of the underlying district shall apply.
Where a lot, building, structure, or use is subject to overlapping requirements, or where it is located both in the special flood hazard district and in the floodplain district, the order of precedence or priority shall be as follows:
A. 
A floodplain district associated with a detention basin or other flood control impoundment; then
B. 
A special flood hazard district with the base flood elevation determined; then
C. 
A floodplain district other than Subsection A above; then
D. 
A special flood hazard district with no base flood elevation determined.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The provisions of Article V hereof shall apply to buildings, structures, and uses legally in existence prior to the effective date of this article, but any expansion or alteration of an existing building or structure which amounts to a substantial improvement or reconstruction shall be subject to the provisions of this article. Substantial improvement or reconstruction is defined by the State Building Code.
All residential subdivisions requiring approval under MGL c. 41, the Subdivision Control Law, and located either partially or entirely within a special flood hazard district or floodplain district as defined in this article shall be laid out as a cluster development according to § 440-1401 of this chapter. This requirement may be waived by a two-thirds vote of the Planning Board if it is determined to the satisfaction of the Board that the proposed cluster development as opposed to a conventional subdivision does not further the purposes as stated in § 440-1301.
A. 
Special flood hazard districts overlay other use districts established by this chapter, and all uses and buildings permitted in the underlying district shall be permitted in the special flood hazard district, subject to the provisions and restrictions of this article, except that no mobile homes shall be permitted in special flood hazard districts and that any excavation, fill, grading, mining, dredging, or paving shall be subject to special permit.
B. 
The special flood hazard district is herein established as a zoning overlay district. The district includes all special flood hazard areas within the City of Taunton designated as Zones A and AE on the Bristol 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 Bristol County FIRM that are wholly or partially within the City of Taunton are panel numbers 25005C0134F, 25005C0137F, 25005C0139F, 25005C0141F, 25005C00142F, 25005C0143F, 25005C0144F, 25005C0151F, 25005C0152F, 25005C0153F, 25005C0154F, 25005C0161F, 25005C0231F, 25005C0232F, 25005C0256F, 25005C0257F, 25005C0259F and 25005C0276F dated July 7, 2009, and 25005C0133G, 25005C0162G, 25005C0163G, 25005C0164G, 25005C0168G, 25005C0169G, 25005C0186G, 25005C0188G, 25005C0251G and 25005C0252G dated July 16, 2015. 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 Bristol County Flood Insurance Study (FIS) reports dated July 7, 2009, and July 16, 2015. The FIRM and FIS report are incorporated herein by reference and are on file with the City of Taunton Engineering Office.
[Amended 6-23-2015]
C. 
Any building or other construction within a special flood hazard district shall comply with the FEMA regulations for a special flood hazard district.
D. 
Except as included within a building permit or definitive subdivision plan approval, no excavation, fill, grading, paving, mining, or dredging shall be permitted in special flood hazard districts, except upon issuance of a special permit therefor by the Board of Appeals under the provisions of § 440-305 hereof and upon finding that such operations will not raise the base flood level anywhere, that flooding hazard to the existing or future buildings and structures will not increase, and that any required federal, state, or local permits have been or will be obtained. It is the policy of the City of Taunton to require zero net displacement of the one-hundred-year flood storage at locations within special flood hazard districts within the City.
E. 
No new construction, substantial improvement, or relocation of buildings and no excavation, fill, grading, paving, mining or dredging shall be permitted within the area defined as floodway on flood boundary and floodway maps, except in connection with flood control, flood protection, drainage, navigational, or water resource utilization activities, subject to local, state and/or federal permits or approvals. No such activity shall result in any increase in the base flood level, except with approval by the Federal Emergency Management Agency, Federal Insurance Administration, or by an agency legally succeeding it in the flood protection and insurance function.
F. 
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.
[Added 6-23-2015]
G. 
In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[Added 6-23-2015]
H. 
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
[Added 6-23-2015]
I. 
In a riverine situation, the City of Taunton Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
[Added 6-23-2015]
(1) 
Adjacent communities.
(2) 
National Flood Insurance Program (NFIP) State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104.
(3) 
National Flood Insurance Program (NFIP) Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, Sixth Floor, Boston, MA 02110.
J. 
All subdivision proposals must be designed to assure that:
[Added 6-23-2015]
(1) 
Such proposals minimize flood damage;
(2) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided to reduce exposure to flood hazards.
K. 
New construction or substantial reconstruction on lots where a special flood hazard district encroaches shall show on the permit plan the limits of said flood zone along with its base flood elevation. Upon completion, an elevation certificate (FEMA Form 086-0-33, or latest version), properly completed, sealed and signed, must be submitted along with the as-built site plan, before a certificate of occupancy is issued.
[Added 6-14-2016]
A. 
Permitted uses.
(1) 
Floodplain districts overlay other use districts established by this chapter and their provisions shall prevail over those of the underlying districts which may be in conflict.
(2) 
Permitted uses are any woodland, grassland, wetland, agricultural, horticultural, floricultural, or outdoor recreational use of land or water, but no dumping of any kind and no earth materials excavation or filling or earth transfer or relocation operations except for utility trenches, driveways, building foundations, and landscaping accessory to building, subject to the conditions stated below, including the underlying zoning requirements.
(3) 
Any building must be a small nondwelling building (whether or not heated, wired, or plumbed) entailing recurring temporary or seasonal occupancy but not sustained human occupancy, skating shelter, observatory, plumbing station or watchman's shelter. A permit shall be applied for in the manner provided elsewhere in this chapter for regular building permits but superscribed "Floodplain District Building Application." Building permits may be issued in accordance with all regular zoning and floodplain zoning provisions, provided that there shall be not more than one such building per lot in any floodplain district and provided that each such small, isolated building shall be not taller than 20 feet in height, and provided that its largest horizontal dimension shall be not more than 20 feet, and provided that such building covers not more than 250 square feet of ground area.
B. 
Nondwelling buildings in floodplain district.
(1) 
Nondwelling buildings are subject to a special permit from the Board of Appeals. The application for the special permit shall include such information as the Board of Appeals may deem pertinent with respect to flooding and the floodplain district requirements, including:[1]
(a) 
Geographic location of proposed building and security of driveway and walkway access to it during flooding.
(b) 
Foundation elevations of proposed building and security of foundations during flooding, including assurance that the foundations would not be undermined and that the proposed building would not be floated off, swept away or battered off during flooding.
(c) 
Disposal of sewage from the proposed building and containment of sewage during flooding.
(d) 
Safety of water, sewage, gas, electric and fuel utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocution, or other dangers during flooding.
(e) 
A determination by the Board of Appeals with respect to soil structure and the general character of development in the neighborhood and with respect to flooding and health and welfare factors.
(f) 
Each building erected in a floodplain district shall be on a lot of not less than the width and area required by the underlying zoning.
(g) 
On each lot in a floodplain district, an open yard space not less than 35 feet deep shall be provided all along each property line of such lot, except that where a property line is in a river, stream, pond, or swamp, every part of any building shall be not less than 50 feet from the shore of such water body, or from mean high tide line on tidal shores.
(h) 
Buildings permitted in floodplain districts shall not exceed 1 1/2 stories nor 20 feet in height, but this limitation shall not apply to cranes, derricks, chimneys, skylights, ventilators, cupolas, weather vanes, flagpoles or lookout or diving platforms associated with such buildings.
(i) 
Buildings shall not cover more than 5% of the gross area of any lot in any floodplain district.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Notice of application for special permits shall be given to the Zoning Enforcement Officer and the Conservation Commission.
C. 
Floodplain districts described: [The descriptions following are grouped mainly by river valleys in Taunton, followed by general or miscellaneous sites. Elevations referenced are based on the North American Vertical Datum of 1988 (NAVD88).]
[Amended 6-23-2015]
(1) 
Taunton River Valley.
(a) 
All that land along or sloping toward the Taunton River that is at or below an elevation of 13 to 18 feet NAVD88, upstream of the confluence of the Taunton and Three Mile Rivers.
(2) 
Three Mile River Valley.
(a) 
All that land along or sloping toward that portion of the Three Mile River between South Street and the confluence of the Taunton River and Three Mile River that is at or below an elevation of 13 to 14 feet NAVD88.
(b) 
All that land along or sloping toward that portion of the Three Mile River between South Street and the Mt. Hope Finishing Company Dam (just west of Joseph E. Warner Boulevard) that is at or below an elevation of 14 to 22 feet NAVD88.
(c) 
All that land along or sloping toward that portion of the Three Mile River between Mt. Hope Finishing Company dam (just west of Joseph E. Warner Boulevard) and a point on the river 500 feet southerly of Winthrop Street center line that is at or below an elevation of 22 to 30 feet NAVD88.
(d) 
All that land along or sloping toward that portion of the Three Mile River between a point on the river 500 feet southerly of Winthrop Street center line and Winthrop Street that is at or below an elevation of 30 to 39 feet NAVD88.
(e) 
All that land along or sloping toward that portion of the Three Mile River between Winthrop Street and Tremont Street that is at or below an elevation of 39 to 45 feet NAVD88.
(f) 
All that land along or sloping toward that portion of the Three Mile River between Tremont Street and Harvey Street that is at or below an elevation of 49 feet NAVD88
(g) 
All that land along or sloping toward that portion of the Three Mile River between Harvey Street and the Taunton/Norton municipal boundary that is at or below an elevation of 59 feet NAVD88.
(h) 
All that land along or sloping toward that portion of Fall Brook in the neighborhood of Glebe Street and of North Walker Street between Glebe Street and Fisher Street that is at or below an elevation of 49 feet NAVD88
(3) 
Mill River Valley.
(a) 
All that land along or sloping toward that portion of the Mill River between the Taunton River and Winthrop Street that is at or below an elevation of 13 to 18 feet NAVD88.
(b) 
All that land along or sloping toward that portion of the Mill River between Winthrop Street and Washington Street that is at or below an elevation of 19 to 23 feet NAVD88.
(c) 
All that land along or sloping toward that portion of the Mill River between Washington Street center line near its intersection with Park and Court Streets and a line parallel to and 500 feet generally northerly upstream from said Washington Street center line that is at or below an elevation of 25 to 26 feet NAVD88.
(d) 
All that land along or sloping toward that portion of the Mill River between said line 500 feet northerly upstream from Washington Street center line and Exeter Street center line extended southwesterly into the river that is at or below an elevation of 26 to 31 feet NAVD88.
(e) 
All that land along or sloping toward that portion of the Mill River between Exeter Street center line extended southwesterly into the river and (Jefferson Street) Albro Avenue center line extended southwesterly into the river that is at or below an elevation of 31 to 34 feet NAVD88.
(f) 
All that land along or sloping toward that portion of the Mill River between (Jefferson Street) Albro Avenue center line extended southwesterly into the river and West Britannia Street that is at or below an elevation of 34 to 44 feet NAVD88.
(g) 
All that land along or sloping toward that portion of the Mill River between West Britannia Street and the Whittenton Mill dam that is at or below an elevation of 48 to 53 feet NAVD88.
(h) 
All that land along or sloping toward that portion of the Mill River between Whittenton Mill Dam and Bay Street that is at or below an elevation of 53 to 61 feet NAVD88.
(i) 
All that land along or sloping toward the Mill River or Sabattia Lake, or Snake River between Bay Street and Scaddings Street, that is at or below an elevation of 65 feet NAVD88
(4) 
Cobb Brook Valley.
(a) 
All that land along or sloping toward that portion of Cobb Brook between Somerset Avenue and Couch Street that is at or below an elevation of 13 to 25 feet NAVD88.
(b) 
All that land along or sloping toward that portion of Cobb Brook between Couch Street and Winthrop Street that is at or below an elevation of 25 to 30 feet NAVD88.
(c) 
All that land along or sloping toward that portion of Cobb Brook between Winthrop Street and Kilmer Avenue that is at or below an elevation of 30 to 33 feet NAVD88.
(d) 
All that land along or sloping toward that portion of Cobb Brook between Kilmer Avenue and Clifford Street that is at or below an elevation of 33 to 37 feet NAVD88.
(e) 
All that land along or sloping toward that portion of Cobb Brook between Clifford Street and Shores Street that is at or below an elevation of 37 to 38 feet NAVD88.
(f) 
All that land along or sloping toward that portion of Cobb Brook between Shores Street and Tremont Street that is at or below an elevation of 41 to 49 feet NAVD88.
(g) 
All that land along or sloping toward that portion of Cobb Brook between Tremont Street and a point 650 feet northerly of Tremont Street center line that is at or below an elevation of 49 feet NAVD88.
(h) 
All that land along or sloping toward that portion of Cobb Brook north of a point 650 feet northerly of Tremont Street center line that is at or below an elevation of 54 feet NAVD88.
(5) 
Cobb Brook, South Branch. All that land along or sloping toward that portion of Cobb Brook, South Branch, south of a line parallel to and 100 feet southerly of a portion of Highland Street center line that is at or below an elevation of 54 feet NAVD88.
(6) 
Snake River. All that land along or sloping toward that portion of Snake River easterly and northerly of Scaddings Street to Field Street and northerly of Field Street to the municipal boundaries with Raynham, Norton, and Easton that is at or below an elevation of 69 feet NAVD88.
(7) 
Pine Swamp Brook. All that land along Pine Swamp Brook or Prospect Hill Pond at or below an elevation of 64 feet NAVD88, both sides of Broadway near the Taunton-Raynham municipal boundary.
(8) 
Miscellaneous. All that land along or sloping toward detention basins or retention basins or other areas designed to impound runoff to minimize downstream flooding which is at or below the design elevation computed for the one-hundred year return interval storm at that location. Those design elevations are on file in the offices of the City Engineer or the Taunton Conservation Commission.