[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.
BODY ART ESTABLISHMENT OR ESTABLISHMENTS
Means a business where the practices of body art are performed.
[5-15-2001 ATM]
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]
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA
A low mount that has three panels flush-mounted or attached very close to the shaft.
[12-8-1997 STM]
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.[1]
[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.
NEW CONSTRUCTION
See "construction, new."
[Added 5-8-2021 ATM by Art. 39]
OMNI-DIRECTIONAL (WHIP) ANTENNA
A thin rod that beams and receives a signal in all directions.
[12-8-1997 STM]
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.
PERSONAL WIRELESS SERVICE FACILITY
Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
[12-8-1997 STM]
PERSONAL WIRELESS SERVICES
The three types of services regulated by this bylaw.
[12-8-1997 STM]
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]
RADIOFREQUENCY RADIATION (RFR)
The emissions from personal wireless service facilities.
[12-8-1997 STM]
RECREATIONAL VEHICLE
See "vehicle, recreational."
[Added 5-8-2021 ATM by Art. 39]
REGULATORY FLOODWAY
See "floodway."
[Added 5-8-2021 ATM by Art. 39]
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;
B. 
Any stormwater basin;
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[2] 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)[3] 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).
[1]
Editor's Note: The former definition of "ground-mounted solar photovoltaic installation," as amended, which immediately followed this definition, was repealed 5-8-2023 ATM by Art. 45.
[2]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[3]
Editor's Note: See 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5).
[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.