4411.
Floodplain District boundaries. The Floodplain District is herein
established as an overlay district. The District includes all special
flood hazard areas within the Town of Sharon designated as Zones A
and AE on the Norfolk County Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency for the administration
of the National Flood Insurance Program. The map panels of the Norfolk
County FIRM that are wholly or partially within the Town of Sharon
are Panel Numbers 25021C0187E, 25021C0188E, 25021C0189E, 25021C0191E,
25021C0193E, 25021C0194E, 25021C0351E, 25021C0352E, 25021C0353E, 25021C0354E,
25021C0356E, 25021C0357E, 25021C0358E, 25021C0359E, and 25021C0366E,
dated July 17, 2012. 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 Norfolk County Flood Insurance Study (FIS)
report dated July 17, 2012. The FIRM and FIS report are incorporated
herein by reference and are on file with the Engineering Division
of the Department of Public Works.
4412.
Base flood elevation. The base flood elevation shall be the
level of flooding having a one-percent chance of being equaled or
exceeded in any given year, as designated on FEMA FIRMs. In the absence
of such designation, the base flood elevation shall be determined
by the Inspector of Buildings based upon the best available information
regarding flood hazards, including any available United States Geological
Survey, Natural Resources Conservation Service and Corps of Engineers
studies, after seeking and obtaining the recommendation of the Town
Engineer.
4413.
Floodway data. 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.
4414.
Base flood elevation data. 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.
4421.
Zoning regulations. Any development within the Flood Hazard
District shall be subject to all otherwise applicable requirements
of the underlying zoning district in which it is located, including
usual use and dimensional requirements.
4422.
Encroachments of proposed development. Within the floodway designated
on the FEMA Flood Insurance Rate Map, no encroachments (including
fill, new construction, substantial improvements, or other development)
shall be allowed unless it is demonstrated by the applicant that,
as a consequence of compensating actions he is undertaking, his proposed
development will not result in any increase in flood levels within
the Town during a flood to the base flood elevation.
4423.
Reference to existing state regulations. The Floodplain District
is 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:
a.
Sections of the Massachusetts State Building Code (780 CMR) which
address floodplain and coastal high-hazard areas;
b.
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
c.
Adopting Inland Wetland Orders, DEP (currently 310 CMR 13.00);
d.
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
e.
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
The Board of Appeals may grant a special permit for an exception
to the requirements of Subsection 4420 above. Such special permit
may be granted only in the case of structures such as boat houses
which require waterfront location and are not continuously used for
human occupancy, or in the case of development on a lot of less than
a half acre which is surrounded by existing nonconforming structures,
in either case provided that all of the following are shown:
4431.
Good and sufficient cause;
4432.
Failure to allow the departure would result in exceptional hardship
to the applicant;
4433.
Allowing the departure 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 other bylaws or regulations;
4434.
The departure is the minimum necessary, considering the flood
hazard, to afford relief.
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Exceptions may also be granted for reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places.
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Where these flood area provisions impose greater or lesser restrictions
or requirements than those of other applicable bylaws or regulations,
the more restrictive shall apply.
Notify, in a riverine situation, the following of any alteration
or relocation of a watercourse:
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Adjacent communities
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NFIP State Coordinator
251 Causeway Street, Suite 600-700
Boston, MA 02114
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NFIP Program Specialist
99 High Street, 6th Floor
Boston, MA 02110
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