[Amended 5-10-2004 ATM,
Art. 23]
These regulations are enacted to promote the general welfare
of the Town of Norwell, to protect the health and safety of its inhabitants,
to encourage the most appropriate use of land throughout the Town,
and to increase the amenities of the Town, all as authorized by, but
not limited to, the provisions of the Zoning Act, MGL c. 40A, as amended,
and Section 2A of 1975 Massachusetts Acts 808. This Zoning Bylaw is
enacted in accordance with the provisions of MGL c. 40A, any and all
amendments thereto, and by Article 89 of the Amendments to the Constitution
of the Commonwealth of Massachusetts.
In this bylaw, the following terms shall have the following
meanings unless a contrary meaning is required by the context or is
specifically prescribed. Words used in the singular include the plural
and words used in the plural include the singular. Words used in the
present tense include the future.
ABOVE GROUND LEVEL (AGL)
A measurement of height from the natural grade of a site
to the highest point of a structure.
[12-8-1997 STM]
ACCESSORY BUILDING
A building devoted exclusively to a use subordinate to and
customarily incidental to the principal use.
ACCESSORY DWELLING UNIT (ADU)
A separate and complete housekeeping rental unit (inclusive of sleeping, cooking, and sanitary facilities), as allowed under §
201-8.1D(4) and which: (i) shall be located on the same lot as the principal single-family dwelling to which it is accessory; (ii) shall be accessory to a lawful, owner-occupied single-family residence that is located in a Residential Zoning District; and (iii) shall not include a condominium or a townhouse or any other multifamily use as defined by statute or state regulation or this Code.
[Added 5-9-2022 ATM, Art. 15]
ACCESSORY SIGN
Any sign that advertises or indicates the person occupying
the premises on which the sign is erected or maintained or the business
transacted thereon or advertises the property itself or any part thereof
as for sale or rent and which contains no other matter.
[Amended 5-6-2019 ATM,
Art. 30]
ACCESSORY USE
A use subordinate to and customarily incidental to the principal
use.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its stock devices, objects, tools or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its stock-in-trade, videos, movies or other film materials which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
AFFORDABLE DWELLING UNIT
A dwelling unit, the value of which is determined by the
Massachusetts Department of Housing and Community Development (DHCA)
to be affordable by a low-income or moderate-income family and thus
to be included in DHCD's subsidized housing inventory of low-income
or moderate-income housing dwelling units for the purposes of compliance
with the provisions of MGL c. 40B, §§ 20 through 23.
[Added 5-8-2021 ATM by Art. 38]
ANTENNA
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
[12-8-1997 STM; 12-1-2003 ATM]
BODY ART
Means the practice of physical body adornment by permitted
establishments and practitioners using the following techniques: body
piercing, tattooing and cosmetic tattooing. Extreme forms of body
art, such as, but not limited to, branding, cutting, braiding and
scarification, shall not be permitted. This definition does not include
practices that are considered medical procedures by the Board of Registration
in Medicine, such as implants under the skin, which are prohibited.
BUILDING (in part or parts thereof)
A combination of any materials, whether portable or fixed,
having a roof to form a structure for the shelter of persons, animals
or property. Roof shall include an awning or any similar covering
whether or not permanent in nature.
CAMOUFLAGED
A personal wireless telecommunications facility is considered
"camouflaged" if it is disguised, hidden or made to appear as an architectural
component of an existing or proposed structure, the use of which is
otherwise permitted under the Zoning Bylaw of the Town of Norwell.
No personal wireless telecommunications facility attached to an existing
structure shall be deemed "camouflaged" for the purposes of this bylaw
where it extends more than 10 feet above the height of a structure
or horizontally more than 10 feet beyond the face of any exterior
sidewall or the exterior of any surface of a structure with no sidewalls.
Antennas or other components of a personal wireless telecommunications
facility situated within a freestanding personal wireless telecommunications
facility shall not be considered "camouflaged" for the purpose of
this Zoning Bylaw.
[Amended 12-1-2003 STM]
CARRIER
A company that provides wireless services.
[12-8-1997 STM]
CO-LOCATION
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
[12-8-1997 STM]
CONCEALED
A personal wireless telecommunications facility is considered
"concealed" if it is entirely contained within the architectural features
of an existing or proposed structure the use of which is otherwise
permitted under the Zoning Bylaw of the Town of Norwell.
[Amended 12-1-2003 STM]
CONSTRUCTION, NEW
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.
[Added 5-8-2021 ATM by Art. 39]
DEVELOPMENT
For floodplain management purposes, 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 or storage of equipment or materials, [US Code
of Federal Regulations, Title 44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
DWELLING
Any fixed structure containing one or more dwelling units,
but not including hotels, motels, boardinghouses or structures solely
for transient or overnight occupancy.
DWELLING UNIT
A room or group of rooms designed and equipped exclusively
for use as living quarters for only one family including provisions
for living, sleeping, cooking and eating.
ELEVATION
The measurement of height above sea level.
[12-8-1997 STM]
ENVIRONMENTAL ASSESSMENT (EA)
An EA is the document required by the Federal Communications
Commission (FCC) and the National Environmental Policy Act (NEPA)
when a personal wireless service facility is placed in certain designated
areas.
[12-8-1997 STM]
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
[12-8-1997 STM]
ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY
Establishment which provides live entertainment for its patrons,
which includes the display of nudity, as that term is defined in MGL
c. 272, § 31.
[Amended 5-6-2019 ATM,
Art. 30]
FALL ZONE
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
[12-8-1997 STM]
FLOOD BOUNDARY AND FLOODWAY MAP
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.)
[Added 5-8-2021 ATM by Art. 39]
FLOOD HAZARD BOUNDARY MAP (FHBM)
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].
[Added 5-8-2021 ATM by Art. 39]
FLOODWAY
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].
[Added 5-8-2021 ATM by Art. 39]
FLOOR AREA, GROSS
The sum of the area of the several floors of each building
on a lot including areas used for, or available for conversion to,
human occupancy in basements, attics and penthouses, as measured from
the exterior faces of the walls.
FLOOR AREA, NET
Gross floor area less areas for incidental storage, mechanical
or heating equipment, rest rooms, stairways, corridors and space for
services incidental to the operation or maintenance of the building.
FRONTAGE
A continuous and uninterrupted portion of a side line of
a way, public or private, between the side lines of a lot in common
ownership and, in the case of a corner lot, between a side line of
such lot and the intersection of side lines of ways or the midpoint
of the curve connecting such side lines.
FUNCTIONALLY DEPENDENT USE
For floodplain management purposes, 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].
[Added 5-8-2021 ATM by Art. 39]
FUNCTIONALLY EQUIVALENT SERVICES
Cellular, personal communication services (PCS), enhanced
special mobile radio, specialized mobile radio and paging.
[12-8-1997 STM]
FUNERAL ESTABLISHMENT
One or more buildings upon a single lot used for the profession
of funeral directing, in accordance with MGL c. 40A, § 6,
Clause 1, and MGL c. 112, § 83, funeral establishment certificate,
inclusive of the alteration and use of one such building for the personal
residence of the Board of Registration licensed funeral director,
and his or her family, during his or her term of service as such licensed
funeral director.
[5-11-2010 ATM, Art.
37]
GROUNDWATER RECHARGE
As defined in the Massachusetts Department of Environmental
Protection (MA DEP) and Massachusetts Office of Coastal Zone Management
(MA CZM) Stormwater Management Technical Handbook of March 1997. Groundwater
recharge is defined on Page A-5 of Volume Two of the above-referenced
handbook as: "The return of water to an underground aquifer by either
natural or artificial means such as exfiltration of a BMP."
GUYED TOWER
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
[12-8-1997 STM]
HALF STORY
That part of a building under a sloping roof where the full-length
rafters rest on the top beam of the story below.
HEIGHT
The vertical distance above the average grade adjoining the
building or surrounding the structure to the ridgeline of the building.
HIGHEST ADJACENT GRADE
For floodplain management purposes, 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].
[Added 5-8-2021 ATM by Art. 39]
HISTORIC STRUCTURE
Any structure that Is:
[Added 5-8-2021 ATM by Art. 39]
A.
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;
B.
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;
C.
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
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs [US Code of Federal Regulations, Title 44, Part
59].
LATTICE TOWER
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
[12-8-1997 STM]
LICENSED CARRIER
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
[12-8-1997 STM]
LOT
A single area of land in one ownership throughout defined
by metes or bounds or boundary lines as shown in a recorded deed or
on a recorded plan. The area of a lot shall not include any part of
a way, public or private, which adjoins the lot.
LOT, CORNER
A lot at the point of intersection of, and abutting on, two
or more intersecting streets, the angle of intersection of the street
lines or, in the case of a curved street, street lines extended being
not more than 135°.
MEDICAL MARIJUANA TREATMENT CENTER OR SIMILAR FACILITY
A not-for-profit entity registered under 105 CMR 725.100,
to be known as a registered marijuana dispensary (RMD), that acquires,
cultivates, possesses, processes (including development of related
products such as edible MIPs, tinctures, aerosols, oils or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers.
Unless otherwise specified, RMD refers to the site(s) of dispensing,
cultivation, and preparation of marijuana.
[5-6-2013 ATM; amended 5-5-2014 ATM]
MONOPOLE
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
[12-8-1997 STM]
MOTOR HOME
A vehicle with motive power designed for sleeping or living
quarters for one or more persons, which is not a dwelling.
MOUNT
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
[12-8-1997 STM]
A.
Roof-mounted: mounted on the roof of a building.
B.
Side-mounted: mounted on the side of a building.
C.
Ground-mounted: mounted on the ground.
D.
Structure-mounted: mounted on a structure other than a building.
PANEL ANTENNA
A flat surface antenna usually developed in multiples.
[12-8-1997 STM]
PERSON
An individual, corporation, society, association, partnership,
trust or other entity, public or private.
PUBLIC UTILITY
A public service corporation, either private or municipal,
supplying or transmitting gas, water, electricity or communications
to any or all members of the public and subject to federal, state
or Town regulations by virtue of its natural or legal monopoly, except
for a corporation or other business enterprise which provides cellular
telephone service, personal communication services or enhanced specialized
mobile radio services to any or all members of the public.
[12-8-1997 STM]
QUALIFIED AFFORDABLE HOUSING PURCHASERS
An individual or family with household incomes that do not
exceed 80% of the area median income (this shall be referred to as
"moderate income") or 50% of the area median income (this shell be
referred to as "low income"), with adjustments for household size,
as reported by the most recent information from the United States
Department of Housing and Urban Development and/or DHCD.
[Added 5-8-2021 ATM by Art. 38]
RADIOFREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
[12-8-1997 STM]
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
[12-8-1997 STM]
SEPARATION
The distance between one carrier's array of antennas and
another carrier's array.
[12-8-1997 STM]
SETBACK, FRONT, SIDE AND REAR
The minimum horizontal distance from a street line or lot
line, as the case may be, to any part of a building or structure,
excluding overhang three feet or under, bulkheads or fences.
SHORT-TERM RENTAL
Any owner-occupied, tenant-occupied or non-owner-occupied
property, including, but not limited to, an apartment, single-family
dwelling, townhouse, cottage, condominium or other furnished accommodation
that is not a hotel, motel, lodging house or bed-and-breakfast establishment,
where:
[Added 5-9-2022 ATM, Art. 15]
A.
At least one room or unit is rented for less than 30 days to
an occupant or sub-occupant; and
B.
All accommodations are reserved in advance; provided, however,
that a private owner-occupied property shall be considered a single
unit if leased or rented as such.
SIGN
Any privately owned permanent or temporary device, placard,
painting, drawing, poster, letter, word, banner, pennant, insignia,
trade flag or representation used as or which is in the nature of
an advertisement, announcement or direction which is on a public way
or on private property within public view of a public way.
SIGN, AREA OF
A.
The area of a sign shall be considered to include all lettering,
wording, and accompanying designs and symbols together with the background
on which they are displayed, any frame around the sign and any "cutouts"
or extensions, but shall not include any supporting or bracing.
B.
The area of a sign consisting of individual letters or symbols
attached to or painted on a surface, building, wall or window shall
be considered to be that of the smallest quadrangle or triangle which
encompasses all of the letters and symbols.
C.
The area of a sign consisting of a three-dimensional object
shall be considered to be the area of the largest vertical cross section
of that object.
D.
In computing the area of a sign, only one side of back-to-back
signs shall be counted.
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 [Base Code, Chapter
2, Section 202].
[Added 5-8-2021 ATM by Art. 39]
START OF CONSTRUCTION
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].
[Added 5-8-2021 ATM by Art. 39]
STORMWATER
Stormwater shall mean water that collects as a result of
precipitation, including rainfall, sleet, hail, snow or snowmelt.
[5-9-2006 ATM, Art. 16]
STORMWATER BASIN
A stormwater basin shall mean any surface or subsurface drainage
system that is designed to collect, slow, infiltrate or otherwise
control stormwater or stormwater runoff or a combination of stormwater
and stormwater runoff.
[5-9-2006 ATM]
STORMWATER MANAGEMENT SYSTEM
A stormwater management system shall mean any structure or
equipment or use of land, including any natural or preexisting condition
or any artificial condition, which is used or to be used to control
stormwater or stormwater runoff in order to prevent same from running
onto adjacent land or into the Town's Stormwater Management System.
A stormwater management system shall include any and all of the following
elements:
[5-9-2006 ATM]
A.
Any structure or other natural or artificial collection device
that is used to collect or slow stormwater or stormwater runoff, including
any catch basin, dry well, French drain and any stormceptor or other
similar device;
C.
Any side slope for a surface stormwater basin;
D.
Any galley for an underground stormwater basin which is designed
to hold or hold and then disperse stormwater or stormwater runoff;
E.
Any connecting pipe between a collecting structure and a stormwater
basin;
F.
Any connecting pipe between a stormwater basin and an outfall
structure;
G.
Any outfall structure, consisting of riprap or crushed stone
of any type, which is designed to slow or otherwise control the progress
of stormwater or stormwater runoff from one point to another;
H.
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether
natural or artificial, which is designed or used to conduct stormwater
or stormwater runoff;
I.
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether
natural or artificial, which is designed or used to slow, disperse
or infiltrate stormwater or stormwater runoff;
J.
Any access roadway or access easement which is designed to allow
access for persons, vehicles or equipment to or from any portion of
a stormwater management system in order to provide access for inspection,
maintenance (which shall include mowing and other similar landscaping
activities) repairs or replacement; and
K.
Any easement area reserved to provide for the expansion or replacement
of any element of a stormwater management system.
STORMWATER RUNOFF
Stormwater runoff shall mean water that moves as a result
of precipitation, including rainfall, sleet, hail, snow or snowmelt.
[5-9-2006 ATM]
STORY
That part of a building between any floor, other than a basement,
and the floor or roof next above.
STREET or WAY
Any public way or any private way shown on a plan approved
under the provisions of the Subdivision Control Law or in existence when the provisions of said Subdivision
Control Law became effective in the Town of Norwell, having in the
opinion of the Planning Board suitable width, suitable grades and
adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of land abutting thereon or served
thereby and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
STRUCTURE
A.
Any physical thing that is constructed or erected and that requires
a fixed location on the ground and shall mean any physical thing that
is attached to something that requires a fixed location on the ground.
[Amended 5-8-2023 ATM by Art. 42]
(1)
A structure shall include every type of building or other physical
arrangement that gives shelter, including, but not limited to, dwellings,
commercial buildings, garages, sheds and farm structures such as barns,
chicken coops (including movable coops) and other animal enclosures,
silos and storage infrastructure.
(2)
A structure shall include the following types of infrastructure:
a basketball court, a tennis court, a bocci court (or any other similar
type of athletic infrastructure), an artificial (i.e., physically
constructed) pool that has a depth of water of two feet or more and
any other similar infrastructure.
(3)
A structure shall include the siting of HVAC infrastructure
and the siting of a generator.
(4)
A structure shall exclude the following types of infrastructure:
a boundary wall or retaining wall with less than four feet of height,
a chimney, a driveway, a fence with less than seven feet of height,
a flagpole, a patio, a public utility pole, a public utility supporting
device and similar devices, and a walkway.
B.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home [US Code of Federal Regulations, Title
44, Part 59].
[Added 5-8-2021 ATM by Art. 39]
STRUCTURE, SMALL, DETACHED ACCESSORY
A structure that is not attached to a primary structure and
that has 64 or fewer square feet of ground coverage and has a height
of less than seven feet and that is used or to be solely as a storage
shed or a playhouse or a similar use; however, such a structure shall
be subject to a setback requirement of only a minimum of five feet
from any adjacent boundary line.
[Added 5-8-2023 ATM by Art. 42]
SUBSTANTIAL REPAIR OF A FOUNDATION
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 9th Edition
BC].
[Added 5-8-2021 ATM by Art. 39]
TOWN STORMWATER MANAGEMENT SYSTEM
The Town Stormwater Management System shall include any portion
of the stormwater drainage system maintained by the Town of Norwell
in order to collect, conduct, disperse, infiltrate, slow or otherwise
control stormwater or stormwater runoff that is generated by or from:
[5-9-2006 ATM]
A.
Any Town-owned or Town-used property;
B.
Any public way accepted by the Town;
C.
Any non-public roadway that is maintained by the Town;
D.
Any berm, channel, culvert, ditch, gutter, pipe or swale, whether
natural or artificial, that is owned, used or maintained by the Town;
[Amended 5-6-2019 ATM,
Art. 30]
E.
Any catch basin, dry well, French drain and outfall structure
that is owned, used or maintained by the Town;
[Amended 5-6-2019 ATM,
Art. 30]
F.
Any stormwater basin owned or maintained by the Town; and
G.
Any drainage easement area that is owned, maintained or used
by the Town to collect or otherwise control stormwater or stormwater
runoff.
TRAILER
A vehicle without motive power, designed to be and capable
of being towed, including but not limited to a utility trailer, storage
or box trailer, boat trailer, horse trailer, tent trailer and mobile
home.
VARIANCE
A grant of relief by a community from the terms of a floodplain
management regulation [US Code of Federal Regulations, Title 44, Part
59].
[Added 5-8-2021 ATM by Art. 39]
VEHICLE, RECREATIONAL
A vehicle which is:
[Added 5-8-2021 ATM by Art. 39]
A.
Built on a single chassis;
B.
400 square feet or less when measured at the largest horizontal
protection;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use [US Code of Federal Regulations, Title 44, Part 59].
VIOLATION
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
§ 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].
[Added 5-8-2021 ATM by Art. 39]
ZONES, FLOOD
[Added 5-8-2021 ATM by Art. 39]
A.
ZONE AAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means an area of special flood hazard without water surface elevations determined.
B.
ZONE A1-30 AND ZONE AEAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means an area of special flood hazard with water surface elevations determined.
C.
ZONE AHAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means area of special flood hazard having shallow water deaths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
D.
ZONE AOAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means area of special flood hazard 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.)
E.
ZONE A99As defined in the US Code of Federal Regulations, Title 44, Part 64.3, means 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.)
F.
ZONES B, C, AND XAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means areas of minimal or moderate flood hazard or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
G.
ZONE VAs defined in the US Code of Federal Regulations, Title 44, Part 64.3, means area of special flood hazard without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).
H.
ZONE V1-30 AND ZONE VE (for new and revised maps)As defined in the US Code of Federal Regulations, Title 44, Part 64.3, means areas of special flood hazard, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).
[Added 5-8-2023 ATM by Art. 38]
The Planning Board shall consist of five elected full members
and one appointed associate member; and the associate member shall
be appointed by the Select Board and the Planning Board at a joint
meeting, by majority vote for a term not more than three years.