[Amended April 2006 ATM; April 2012 ATM; 4-27-2015 ATM by Art. 16; 10-24-2016 STM by Art. 5; 4-26-2021 ATM by Art. 11]
The purpose of the Floodplain Zoning Overlay District is to:
A.
Ensure public safety through reducing the threats to life and personal
injury.
B.
Eliminate new hazards to emergency response officials.
C.
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
D.
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding.
E.
Eliminate costs associated with the response and cleanup of flooding
conditions.
F.
Reduce damage to public and private property resulting from flooding
waters.
G.
To ensure that the Town of Marshfield qualifies for participation
in the National Flood Insurance Program.
The Floodplain District for Marshfield, Massachusetts, is herein
established as a separate overlay district. The District includes
all special flood hazard areas within the Town of Marshfield designated
as Zone A, AE, AH, AO, A99, V, or VE on the Plymouth County Flood
Insurance Rate Map (FIRM) dated July 6, 2021, issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program. The exact boundaries of the District shall
be defined by the 1%-chance base flood elevations shown on the FIRM
and further defined by the Plymouth County Flood Insurance Study (FIS)
report dated July 6, 2021. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Building
Commissioner/Floodplain Administrator, Planning Board, Conservation
Commission and Community Rating System (CRS) official.
For this section of the Zoning Bylaw, the following definitions
specifically apply to meet the requirements of the National Flood
Insurance Program (NFIP).
The NFIP definitions are found in Title 44 of the Code of Federal
Regulations, Section 59.1. The definitions below refer to their source;
if the definition is from the MA Building Code, it is from the Ninth
Edition, which meets the minimum standards of the NFIP.
In order for the bylaw or ordinance to be clearly understood,
it is necessary to define technical terms or key words. An understanding
of these teams is a prerequisite to effective administration of the
floodplain management bylaw or ordinance.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
[US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] [Also Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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[US Code of Federal Regulations, Title 44, Part 59]
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See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A99, AR,
AO, AH, V, VO, VE or VI-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in Ninth Edition
BC]
A grant of relief by a community from the terms of a floodplain
management regulation. [US Code of Federal Regulations, Title 44,
Part 59]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
An area of special flood hazard without water surface elevations
determined.
An area of special flood hazard with water surface elevations
determined.
Area of special flood hazard where enough progress has been
made on a protective system, such as dikes, dams, and levees, to consider
it complete for insurance rating purposes. (Flood elevations may not
be determined.)
Areas of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet, and with
water surface elevations determined.
An area of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet. (Velocity
flow may be evident; such flooding is characterized by ponding or
sheet flow.)
An area of special flood hazards without water surface elevations
determined, and with velocity, that is inundated by tidal floods (coastal
high hazard area).
An area of special flood hazards, with water surface elevations
determined and with velocity, that is inundated by tidal floods (coastal
high hazard area).
Areas of minimal or moderate flood hazards or areas of future-conditions
flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
The Town of Marshfield requires a permit for all proposed construction
or other development in the Floodplain Overlay District, including
new construction or changes to existing buildings, placement of manufactured
homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and any other development that
might increase flooding or adversely impact flood risks to other properties,
including the alteration of topography (filling or removal of earth).
Marshfield's permit review process includes the use of a checklist
of all local, state and federal permits that will be necessary in
order to carry out the proposed development in the Floodplain Overlay
District. Applications for floodplain permits shall be made to the
Building Commissioner. Applications shall contain:
A.
Completed checklist demonstrating that all necessary permits have
been acquired;
B.
Elevation in relation to mean sea level of the lowest floor (including
basements or cellars) of all existing and proposed structures;
C.
Elevation in relation to mean sea level of existing and proposed
floodproofing;
D.
Signed statement by a registered professional engineer or architect
that the requirements of this bylaw have been met (NOTE: The above-referenced
requirements may be met through submission of a FEMA elevation certificate.);
E.
Plans for any breakaway walls to be used to enclose space below the
base flood elevation (in V Zones);
F.
Description of topographic alterations, including existing and proposed
grades and a delineation of the special flood hazard area boundary
line;
G.
Site plan certified by a registered land surveyor showing all existing
and proposed natural and constructed features on the property. The
site plan shall include a notation of the special flood hazard area
designation for all existing and proposed structures.
All subdivision proposals and development proposals in the Floodplain
Overlay District shall be reviewed to assure that:
When proposing subdivisions or other developments greater than
50 lots or five acres (whichever is less), the proponent must provide
technical data to determine base flood elevations for each developable
parcel shown on the design plans.
All permits granted under Article XV shall be subject to the following provisions:
A.
All development and redevelopment, whether permitted by right or
by special permit, shall be in accordance with the standards of the
Massachusetts State Building Code, the Wetlands Protection Act (Chapter
131, Section 40) and regulations (310 CMR 10.00, 310 CMR 13.00, and
310 CMR 12.00), septic system regulations (310 CMR 15, Title 5), and
all other applicable federal, state and local requirements. Any variance
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.
B.
No alteration of topography shall be permitted where it may result
in increased runoff or drainage to the detriment of other property
owners or the Town.
C.
Certification by a registered professional engineer or architect
for all floodproofing measures shall be required.
D.
Storage of fuel oil, toxic or hazardous materials below the base
flood elevation shall be floodproofed.
E.
Within Zones AH and AO, adequate drainage paths must be provided
around structures on slopes, to guide floodwaters around and away
from proposed structures.
F.
A nonconversion agreement must be signed by the property owner and
recorded with the deed and other property records prior to obtaining
a certificate of occupancy for new construction and elevated structures
in the floodplain. The nonconversion agreement certifies that enclosed
areas below the design flood elevation (DFE) shall be used solely
for parking of vehicles, limited storage, and/or building access;
that the owner or future owners will not convert or alter what has
been constructed and approved, nor shall any enclosure below the DFE
be modified in a way that would make the structure more susceptible
to flood damage; that all interior walls, ceilings, and floors below
the DFE shall be unfinished or constructed of flood-resistant materials;
that mechanical, electrical, or plumbing devices that service the
building shall not be installed below the DFE; that the openings in
the walls of the enclosed area below the DFE shall not be blocked,
obstructed, or otherwise altered to reduce the size of the openings
or restrict the automatic entry and exit of floodwater; that any variation
in construction beyond what is permitted shall constitute a violation
of this bylaw; and that the owner and subsequent owners authorize
the Floodplain Administrator to inspect the premises to verify compliance
with the bylaw.
[Added 10-18-2021 STM by Art. 31]
If proposed construction or alteration of topography is located within a V Zone on the FIRM maps, all floodplain permits granted under § 305-15.04 above shall be subject to the following additional requirements:
In A Zones, in the absence of FEMA BFE data and floodway data,
the Building Department will obtain, review and reasonably utilize
base flood elevation and floodway data available from a federal, state,
or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A as the basis for elevating
residential structures to or above base flood level, for floodproofing
or elevating nonresidential structures to or above base flood level,
and for prohibiting encroachments in floodways.
In Zones A, A1-30, 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. In
Zones A1-30 and AE, along watercourses that have a regulatory floodway
designated on the Town's FIRM Map, 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.
In a riverine situation, the Building Commissioner/Floodplain
Manager shall notify the following of any alteration or relocation
of a watercourse:
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Adjacent communities, especially upstream and downstream
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NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th floor
Boston, MA 02114
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NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational
vehicles to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
Alteration of sand dunes is prohibited when the alteration would
increase potential flood damage.
A.
Administrative official. It shall be the duty of the Building Commissioner
to administer and enforce the provisions of this bylaw. If the Building
Commissioner receives in writing a request for enforcement and declines
to act, or if a person alleges a violation in writing to that office
who declines to act, the Building Commissioner shall notify in writing
the party requesting action of his refusal to act and the reasons
therefor within 14 days of receipt of such request.
B.
Violations. The Building Commissioner shall serve a notice of violation
and order to any owner or person responsible for the erection, construction,
reconstruction, conversion, alteration of a structure or change in
use, increase in intensity, or extension or displacement of use of
any structure or lot in violation of any approved plan, information
or drawing pertinent thereto; or in violation of a permit or certificate
issued under the provisions of this bylaw, and such order shall direct
the immediate discontinuance of the unlawful action, use or condition
and the abatement of the violation. Any owner who has been served
with a notice and ceases any work or other activity shall not leave
any structure or lot in such a condition as to be a hazard or menace
to the public safety, health, morals or general welfare.
C.
Prosecution of violation. If the notice of violation and order is
not complied with promptly, the Selectmen shall institute the appropriate
action or proceeding at law or in equity to prevent any unlawful action,
use or condition and to restrain, correct, or abate such violation.
Any person, firm or corporation violating any of the provisions of
this bylaw shall for each violation, upon conviction thereof, pay
a fine of not more than $300. Each day that a violation is permitted
to exist after notice to remove the same shall constitute a separate
offense.
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance, and will maintain this record in the community's
files.
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that:
A.
The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25 for $100 of insurance coverage; and
B.
Such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record
of all variance actions for the referenced development in the Floodplain
Overlay District.
A variance from these floodplain bylaws must meet the requirements
set out by state law, and may only be granted if:
[Amended 10-18-2021 STM by Art. 24]
A.
The Board of Appeals may grant a special permit modifying the performance standards in §§ 305-15.08 and 305-15.09 for the restoration and reconstruction of structures listed in the National or State Register of Historic Places.
(1)
Special permits shall only be issued upon a determination by
the Board of Appeals that:
(a)
Failure to grant the special permit would result in exceptional
hardship to the applicant.
(b)
The granting of a special permit will not result in increased
flood heights, additional threats to public safety, extraordinary
public expense, or conflict with existing bylaws.
(c)
The relief granted is the minimum necessary considering the
flood hazard.
(d)
All subdivision proposals are designed to assure that such proposals
minimize flood damage, all public utilities and facilities are located
and constructed to minimize or eliminate flood damage, and adequate
drainage is provided to reduce exposure to flood hazards.
(2)
Any applicant to whom a special permit is granted shall be given
written notice that the proposed development may result in increased
risk to life and property and increased flood insurance premium rates.
B.
The Board of Appeals, as the special permit granting authority (SPGA),
may adopt rules and regulations relative to the issuance of such special
permits and file a copy with the Town Clerk. The Board shall follow
the procedural requirements for special permits as set forth in MGL
c. 40A, § 9.
The floodplain management regulations found in this Floodplain
Overlay District article shall take precedence over any less restrictive
conflicting local laws, ordinances or codes.
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
If any section, provision or portion of this bylaw is deemed
to be unconstitutional or invalid by a court, the remainder of the
bylaw shall be effective.
The Town of Marshfield hereby designates the Building Commissioner
to be the official Floodplain Administrator for the Town of Marshfield.
The Building Commissioner shall administer this bylaw as follows:
A.
Review proposed construction and alteration of topography within
the Floodplain District to assure that all necessary permits have
been received from those federal, state and local governmental agencies
from which approval is required and ensure that the requirements of
this bylaw have been met.
B.
Maintain records of the elevation of the lowest floor (in relation
to NGVD), including basement, of all new or substantially improved
structures. In addition, maintain records as to whether or not such
structures contain a basement.
C.
If a structure has been floodproofed, maintain records of the elevation
of the lowest floor and the elevation to which the structure was floodproofed,
including the required engineering certification.
D.
Maintain for public inspection all records pertaining to the provisions
of this bylaw.
If the Town/City acquires data that changes the base flood elevation
in the FEMA mapped special flood hazard areas, the Town will, within
six months, notify FEMA of these changes by submitting the technical
or scientific data that supports the change(s). Notification shall
be submitted to:
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FEMA Region I Risk Analysis Branch Chief
99 High St., 6111 floor,
Boston, MA 02110
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And copy of notification to:
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Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation
251 Causeway Street
Boston, MA 02114
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