[Amended 5-5-1994 ATM; 5-7-2012 ATM; 5-8-2017 ATM by Art. 30; 5-6-2019 ATM by Art. 30; 5-8-2021 ATM by Art. 39]
A. 
Floodplain, Watershed and Wetlands Protection District (hereinafter the "District") shall include all land designated as such and shown and delineated on a set of maps of the Town of Norwell entitled "Town of Norwell, Wetlands Maps," dated April 5, 1974, by Moore Survey & Mapping Corporation, Shrewsbury, Massachusetts, with amendment adopted March 9, 1981, as shown on a plan entitled "Plan of 1981 Amendment to Town of Norwell Wetlands Maps," dated January 5, 1981, by Bradford Saivetz & Associates, Inc., Braintree, Massachusetts. The District includes all special flood hazard areas within the Town of Norwell designated as Zone A and AE on the Plymouth County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The map panels of the Plymouth County FIRM that are wholly or partially within the Town of Norwell are panel numbers 25023C0094K, 25023C0104K, 25023C0108L, 25023C0112K, 25023C0113K, 25023C0114K, 25023C0116K, 25023C0117L, 25023C0118K, 25023C0206K, and 25023C0207K dated July 6, 2021, and panel number 25023C0119K dated November 4, 2016, and panels 25023C0092L, 25023C0103L and 25023C0111L dated July 3, 2024. A panel spreadsheet is set forth below:
[Amended 5-6-2024 ATM by Art. 40]
Community ID
Panel
Suffix
Date
25023C
0092
L
July 3, 2024
25023C
0094
K
July 6, 2021
25023C
0103
L
July 3, 2024
25023C
0104
K
July 6, 2021
25023C
0108
L
July 6, 2021
25023C
0111
L
July 3, 2024
25023C
0112
K
July 6, 2021
25023C
0113
K
July 6, 2021
25023C
0114
K
July 6, 2021
25023C
0116
K
July 6, 2021
25023C
0117
L
July 6, 2021
25023C
0118
K
July 6, 2021
25023C
0119
K
November 4, 2016
25023C
0206
K
July 6, 2021
25023C
0207
K
July 6, 2021
The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 3, 2024. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk. In case of a conflict, the more restrictive interpretation shall apply.
B. 
The District shall be considered to be superimposed over any other district established by this Zoning Bylaw. All land in the district is subject to the regulations set forth in this article. In unnumbered A Zones of the Flood Insurance Rate Maps, the Building Inspector/Zoning Enforcement Officer shall require the applicant to provide the best available one-hundred-year flood elevation data available from federal, state, local or other source for requiring new structures and substantial improvements to existing structures to meet the elevation and floodproofing standards of the Massachusetts State Building Code.
C. 
The floodplain management regulations found in this District shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
A. 
All development in the District including structural and nonstructural activities whether permitted by right or by special permit must be in compliance with the following:
(1) 
Section of the Massachusetts State Building Code (780 CMR) which addresses floodplain and coastal high-hazard areas.
(2) 
310 CMR 10.00, Wetlands Protection, Department of Environmental Protection.
(3) 
310 CMR 13.00, Inlands Wetlands Restriction, DEP.
(4) 
Title 5, minimum requirements for the subsurface disposal of sanitary sewage, Department of Environmental Protection.
B. 
All subdivision proposals and development proposals in the District shall be designed and reviewed to assure that:
(1) 
Such proposals minimize flood damage;
(2) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided to reduce exposure to flood hazards.
C. 
All property within the floodplain as delineated on Norwell's Flood Insurance Rate Maps (FIRM) is subject to the provisions of the National Flood Insurance Program (NFIP).
The purposes of this article, in addition to the purposes enumerated in § 201-1.1 of the Zoning Bylaw, are:
A. 
To ensure public safety through reducing the threats to life and personal injury.
B. 
To eliminate new hazards to emergency response officials.
C. 
To prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
D. 
To 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. 
To eliminate costs associated with the response and cleanup of flooding conditions.
F. 
To reduce damage to public and private property resulting from flooding waters.
G. 
To provide the lands in the Town subject to seasonal and/or periodic flooding shall not be used for residential or other purposes in such a manner as to endanger the public health, safety and general welfare of inhabitants thereof.
H. 
To protect, preserve and maintain the water table and water recharge areas within the Town, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town of Norwell.
I. 
To assure the continuation of the natural flow pattern of the watercourses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and provide against the hazards of floodwater inundation.
A. 
The Town of Norwell hereby designates the position of Building Inspector/Zoning Enforcement Officer to be the official floodplain administrator for the Town.
B. 
Whenever an application is made for a building which the Building Inspector/Zoning Enforcement Officer believes may involve the use of land in the District, he shall determine, by any means at his disposal, whether the parcel identified in the application lies within the District.
C. 
In order to expedite this determination, the Building Inspector/Zoning Enforcement Officer shall at his request be provided by the applicant a complete topographic plan of the area proposed for use prepared by a registered professional engineer or registered land surveyor showing elevations of the land, contours at one-foot intervals to the same base and scale as that on the Floodplain, Watershed and Wetlands Protection District maps of the Town, and showing all pertinent information including existing brooks, streams, river and areas of ponding, the extent and depth of proposed excavation and/or filling and limits of other proposed construction and/or appurtenant work.
D. 
In case of a building permit for an interior improvement to a building or structure, the foregoing overall topographic plan shall not be required.
E. 
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.
A. 
The Town requires a permit for all proposed construction or other development in the 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.
B. 
The Town'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 District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
The following uses are permitted as a matter of right in the districts subject to the provisions of this Zoning Bylaw applicable to the underlying zoning districts in which said district is located and provided such uses do not permanently and significantly derogate from the purpose of this article:
A. 
Proper operation and maintenance of dams and other water control devices for drainage or flood control.
B. 
Temporary alteration of water level for emergency or maintenance.
C. 
Appropriate governmental use, including water and sewerage works, pumping stations and river and stream clearance.
D. 
Conservation of soil and plants and wildlife management.
E. 
Outdoor recreation including play areas, nature study, boating, foot, bicycle and horse paths and bridges, fishing and hunting where otherwise legally permitted but excluding buildings and structures therefor.
F. 
Uses and interior improvements of buildings or structures lawfully existing prior to adoption of this article or for which a building permit has been issued prior to adoption of this article.
G. 
Forestry, grazing, farming, nurseries and truck gardening.
H. 
Accessory uses to any of the above permitted uses.
A. 
Schedule of special permit uses. Where otherwise legally permitted by the provisions of this Zoning Bylaw applicable to the underlying districts in which the District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this article, the following uses are permitted by special permit granted by the Board of Appeals in accordance with the provisions of Subsection B:
(1) 
Foot bridges, plank walks, duck walks and private boat landings.
(2) 
Golf courses.
(3) 
Temporary storage of materials or equipment.
(4) 
Dams, excavation or changes in watercourses to create ponds or pools for swimming, fishing or other recreational or agricultural use, scenic features or for improvements consistent with the purposes of this article.
(5) 
Appropriate driveways and roads when alternative means of access are impractical.
(6) 
Repair, rebuilding, modification, enlargement or exterior alteration of existing structures, which will be subject to the substantial improvement provisions of the Massachusetts State Building Code.
B. 
Considerations. In hearing an application for a special permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors:
(1) 
Geographic location of proposed structures and security of access thereto during flooding.
(2) 
Foundation elevations and security of foundations during flooding.
(3) 
Disposal and containment of sewage during flooding.
(4) 
In Zone AE, along watercourses within the Town of Norwell that have a regulatory floodway designated on the Plymouth County FIRM, 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.
(5) 
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 in order to assure that:
(a) 
Such proposals minimize flood damage;
(b) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided to reduce exposure to flood hazards.
(6) 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
C. 
Criteria for approval. Whenever the Board of Appeals is authorized to issue a special permit for a use under this article, said Board shall assure that such use shall be consistent with the purposes of this article and will:
(1) 
Not produce unsuitable development in marshes, bogs and ponds or along watercourses or in areas subject to flooding;
(2) 
Protect and preserve the inland marshes, bogs, ponds and watercourses and their adjoining wetlands in order to safeguard the purity of inland and tidal waters for the propagation and protection of marine life and for recreational purposes;
(3) 
Conserve the value of lands and existing buildings;
(4) 
Facilitate the adequate protection of provision of a water supply through preservation and maintenance of the groundwater table; and
(5) 
Encourage the most appropriate use of the land.
A. 
Except as provided in § 201-18.6, no building, wall, dam or other structure shall be created, constructed, altered, enlarged or otherwise created or moved in the District for any purpose.
B. 
No dumping, filling, excavating or transferring of any material which will reduce or impair natural water storage or recharge capacity of any land within the District or interfere with the natural flow patterns of any watercourse within the District shall be permitted.
A. 
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.
B. 
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 i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates or flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property.
C. 
Such notification shall be maintained with the record of all variance actions for the referenced development in the District.
A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if 1) good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town shall, 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:
A. 
FEMA Region I Risk Analyst Branch Chief
99 High Street, 6th Floor
Boston, MA 02110
And a copy of notification to:
B. 
NFIP State Coordinator
Massachusetts Department of Conservation end Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
The Building Inspector/Zoning Enforcement Officer shall notify, in a riverine situation, the following of any alteration or relocation of a watercourse:
A. 
Adjacent communities, especially upstream and downstream.
B. 
Bordering states (optional).
C. 
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
D. 
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
A. 
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. 
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[Amended 5-6-2024 ATM by Art. 40]
[Amended 5-6-2024 ATM by Art. 40]
In A, A1-30, AH, AO, 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.
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.