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.
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.
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.