Any use permitted by right or special permit in any district
shall not be conducted in a manner so as to emit any dangerous, noxious,
injurious, or otherwise objectionable fire, explosion, radioactive
or other hazard; noise or vibration, smoke, dust, odor or other form
of environmental pollution; electrical or other disturbance; glare;
liquid or solid refuse or wastes; conditions conducive to the breeding
of insects, rodents, or other substance, conditions or element in
an amount so as to affect adversely the surrounding environment. The
following standards shall apply:
A.
Emissions shall be completely and effectively confined within the
building, or so regulated as to prevent any nuisance, hazard, or other
disturbance from being perceptible (without the use of instruments)
at any lot line of the premises on which the use is located.
B.
All activities and all storage of flammable and explosive materials
at any point shall be provided with adequate safety devices against
fire and explosion and adequate fire-fighting and fire-suppression
devices and equipment.
C.
No activities that emit dangerous radioactivity, at any point, and
no electrical disturbance adversely affecting the operation at any
point, of any equipment, other than that of the creator of such disturbance,
shall be permitted.
D.
No emission of visible smoke of a shade darker than No. 1 on the
Ringlemann Smoke Chart as published by the United States Bureau of
Mines shall be permitted.
E.
No emission which can cause any damage to health of animals or vegetation
or which can cause excessive soiling, at any point, and in no event
any emission of any solid or liquid particles in concentrations exceeding
0.3 grain per cubic foot of conveying gas or air shall be permitted.
F.
No discharge, at any point, into a private sewage system, stream,
the ground, or a municipal sewage disposal system of any material
in such a way or of such a nature or temperature as can contaminate
any running stream, water supply or otherwise cause the emission of
dangerous or objectionable elements and accumulation of wastes conducive
to the breeding of rodents or insects shall be permitted.
G.
No vibration which is discernible to the human sense of feeling for
three minutes or more in any hour between 7:00 a.m. and 7:00 p.m.,
or for 30 seconds or more in any one hour between 7:00 p.m. and 7:00
a.m., shall be permitted. No vibration at any time shall produce an
acceleration of more than 0.1 gram or shall result in any combination
of amplitudes and frequencies beyond the "safe" range of Table 7,
United States Bureau of Mines Bulletin No. 442.
H.
Maximum permissible sound pressure levels measured at the property
line for noise radiated continuously from a facility between 10:00
p.m. and 7:00 a.m. shall be as follows:
|
Frequency Band
(cycles per second)
|
Sound Pressure Level
(decibel ret 0.002 dyne/cm2)
|
|---|---|
|
20 to 75
|
69
|
|
75 to 100
|
54
|
|
150 to 300
|
47
|
|
300 to 600
|
41
|
|
600 to 1,200
|
37
|
|
1,200 to 2,400
|
34
|
|
2,400 to 4,800
|
31
|
|
4,800 to 10,000
|
28
|
I.
No emission of odorous gases or odoriferous matter in such quantities
as to be offensive shall be permitted. Any process which may involve
the creation and/or emission of any odors shall be provided with a
secondary safeguard system. No objectionable odor greater than that
caused by 0.001202 per thousand cubic feet of hydrogen sulfide or
any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution
Abatement Manual, copyrighted 1951, by Manufacturing Chemists Association,
Inc., of Washington, D.C., shall be permitted.
J.
No direct sky-reflected glare, whether from floodlights or from high-temperature
processes such as welding, shall be permitted.
A.
In an Industrial District, where a lot used for a purpose not permitted
in any Residential District abuts or extends into a Residential District,
or abuts another lot which has frontage only in such district or which
extends from such district into an Industrial District by less than
50 feet, there shall be provided a permanently maintained "greenbelt"
along the particular portions of the lot which are next to such district
or abutting lot. Such "greenbelt" shall consist of an area of not
less than 100 feet in width containing a dense planting of evergreens,
as described below, to provide within such area a natural barrier
which is sight impervious between the lot and the adjacent premises
having an effective height of not less than seven feet, and such plantings
shall commence 10 feet from the property line of the adjacent premises.
Evergreens shall be planted in a staggered pattern with a minimum
of two rows of plantings.
B.
Evergreens are:
|
White Spruce
|
|
White Pine
|
|
Canadian Hemlock
|
|
Douglas Fir
|
|
Australian Pine
|
|
Japanese Black Pine
|
|
Norway Spruce
|
|
Colorado Blue Spruce
|
|
Carolina Hemlock
|
|
Winter Green Pyramidal
|
|
Eastern Red Cedar
|
A.
Statement of purpose. The purposes of the Floodplain District are
to:
(1)
Ensure public safety through reducing the threats to life and
personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from
water quality, contamination, and pollution due to flooding;
(4)
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;
(5)
Eliminate costs associated with the response and cleanup of
flooding conditions;
(6)
Reduce damage to public and private property resulting from
flooding waters.
B.
Boundaries.
(1)
Floodplain District boundaries and base flood elevation and
floodway data. The Floodplain District is herein established as an
overlay district. The district includes all special flood hazard areas
within the Town of Avon designated as Zone A, AE, A99, V, or VE on
the Norfolk 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 Norfolk County FIRM
that are wholly or partially within the Town of Avon are Panel Numbers
25021C 214E, 218E, 219E, 377E, 381E, 382E, 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 Town Clerk, Planning Board, Building Official, Conservation
Commission and Board of Health.
(2)
Base flood elevation and floodway data.
(a)
Floodway data. 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.
(b)
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.
C.
Notification of watercourse alteration. In a riverine situation,
the Select Board shall notify the following of any alteration or relocation
of a watercourse:
[Amended 1-28-2023 STM by Art. 9]
D.
Use regulations.
(1)
Reference to existing regulations.
(a)
The Floodplain District is established as 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:
[1]
Sections of the Massachusetts State Building Code
(780 CMR) which address floodplain and coastal high-hazard areas;
[2]
Wetlands Protection Regulations, Department of
Environmental Protection (DEP) (currently 310 CMR 10.00);
[3]
Inland Wetlands Restriction, DEP (currently 310
CMR 13.00);
[4]
Minimum Requirements for the Subsurface Disposal
of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
(b)
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.
(2)
Other use regulations.
(a)
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Norfolk County FIRM or Flood Boundary and
Floodway 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.
(c)
Existing contour intervals of site and elevations of existing
structures must be included on plan proposal.
(d)
There shall be established a "routing procedure" which will
circulate or transmit one copy of the development plan to the Conservation
Commission, Planning Board, Town Engineer, Building Commissioner and
Board of Health for comments which will be considered by the appropriate
permitting board prior to issuing applicable permits.
E.
Permitted uses. The following uses of low flood damage potential
and causing no obstructions to flood flows are encouraged, provided
they are permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including fishing, boating, play
areas, etc.
(4)
Conservation of water, plants, wildlife.
(5)
Wildlife management areas, foot, bicycle, and/or horse paths.
(6)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
(7)
Buildings lawfully existing prior to the adoption of these provisions.
F.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
ZONE A
ZONE A1-30 AND ZONE AE (FOR NEW AND REVISED MAPS)
ZONE A99
ZONE AH AND ZONE AO
ZONE V
ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS)
ZONES B, C, AND X
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE,
or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V, V1-30,
or VE.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The Floodplain District.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the one-hundred-year
and five-hundred-year floods and the one-hundred-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 FEMA where the boundaries
of the flood and related erosion areas having special hazards have
been designated as Zone A or E.
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk-premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
The channel of a river 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.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
NFIP Regulations 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community. For
the purpose of determining insurance rates, "new construction" means
structures for which the "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
See "base flood."
See "floodway."
An area having special flood and/or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, or VE.
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. "Structure," for insurance
coverage purposes, means a walled and roofed building, other than
a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair, but does not include
building materials or supplies intended for use in such construction,
alteration, or repair, unless such materials or supplies are within
an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either (a) before the improvement or repair is started,
or (b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
The one-hundred-year floodplain area where the base flood
elevation (BFE) has not been determined. To determine the BFE, use
the best available federal, state, local, or other data.
The one-hundred-year floodplain where the base flood elevation
has been determined.
Areas to be protected from the one-hundred-year flood by
federal flood protection system under construction. Base flood elevations
have not been determined.
The one-hundred-year floodplain with flood depths of one
foot to three feet, where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow
may be evident. Such flooding is characterized by ponding or sheet
flow.
A special flood hazard area along a coast subject to inundation
by the one-hundred-year flood with the additional hazards associated
with storm waves. Base flood elevations have not been determined.
A special flood hazard area along a coast subject to inundation
by the one-hundred-year flood with additional hazards due to velocity
(wave action). Base flood elevations have been determined.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.
