[Amended 6-1-2021 ATM by Art. 19, approved 9-27-2021]
A. 
The purposes of the Floodplain Overlay District are to:
(1) 
Reduce damage to public and private property resulting from floodwaters.
(2) 
Promote public safety by reducing threats to life and personal injury.
(3) 
Mitigate secondary public impacts of flooding such as water pollution, utility disruption and costs associated with the response and cleanup of flooding conditions.
(4) 
Decrease the likelihood of new hazards to emergency response officials.
A. 
The Floodplain Overlay District is superimposed as an overlay district over any other district established by the Zoning Bylaw. The Floodplain Overlay District includes the flood hazard areas shown on a separate page of the Dartmouth Zoning Map that is labeled as "Dartmouth Floodplain Overlay District" and that is dated December 2, 2021. A copy is on file with the Town Clerk. Said map is a compilation of the Bristol County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP) and includes all special flood hazard areas within the Town of Dartmouth designated as Zone A, AE, AH, AO, A99, V, or VE. In the event of a discrepancy between the map and the criteria used to define the district, the criteria shall control.
[Amended 10-19-2021 FATM by Art. 10, approved 3-30-2023]
B. 
The map panels of the Bristol County FIRMs that are wholly or partially within the Town of Dartmouth are panel numbers:
[Amended 10-19-2021 FATM by Art. 10, approved 3-30-2023]
25005C0376G, 25005C0377G, 25005C0354G, 25005C0358G, 25005C0359G, 25005C0378G, 25005C0379G, 25005C0362G, 25005C0366G, 25005C0367G, 25005C0386G, 25005C0368G, 25005C0369G, 25005C0388G, 25005C0389G, 25005C0456G, 25005C0457G, 25005C0476G, 25005C0477G, 25005C0481G, 25005C0458G, 25005C459G, 25005C0478G, 25005C0479F, 25005C0483F, 25005C0466G, 25005C0467G, 25005C0486F, 25005C0487F, 25005C0491F, 25005C0468F, 25005C0469G, 25005C0488F, 25005C0489F.
C. 
Map panel effective dates:
[Amended 10-19-2021 FATM by Art. 10, approved 3-30-2023]
(1) 
Effective Date December 2, 2021: 25005C0477G.
(2) 
Effective Date July 6, 2021: 25005C0376G, 25005C0377G, 25005C0354G, 25005C0358G, 25005C0359G, 25005C0378G, 25005C0379G, 25005C0362G, 25005C0366G, 25005C0367G, 25005C0386G, 25005C0368G, 25005C0369G, 25005C0388G, 25005C0389G, 25005C0456G, 25005C0457G, 25005C0476G, 25005C0458G, 25005C459G, 25005C0478G, 25005C0466G, 25005C0467G, 25005C0469G.
(3) 
Effective Date July 16, 2014: 25005C0481G.
(4) 
Effective Date July 7, 2009: 25005C0468F, 25005C0479F, 25005C0483F, 25005C0486F, 25005C0487F, 25005C0488F, 25005C0489F, 25005C0491F.
D. 
The exact boundaries of the Floodplain Overlay District shall be defined by the 100-year base flood elevations shown on the Bristol County FIRMs and further defined by the Bristol County Flood Insurance Study (FIS) dated July 6, 2021. The Bristol County FIRMs and FIS report are incorporated herein by reference and are on file with the Town Clerk.
A. 
Unused Definitions. The following defined terms are included herein per federal regulatory requirements as reference only. No instances of these terms actually appear in the substantive provisions of Article 27, but rather are generally applicable to building permit issuance under the Building Code.
FUNCTIONALLY DEPENDENT USE (as found in 44 C.F.R. § 59.1 and Standard ASCE 24-14)
Means 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.
HIGHEST ADJACENT GRADE (as found in 44 C.F.R. § 59.1)
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE (as found in 44 C.F.R. § 59.1)
Means any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
NEW CONSTRUCTION (as found in Standard ASCE 24-14)
Means 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.
START OF CONSTRUCTION (as found in Base Code, Chapter 2, Section 202)
Means 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.
SUBSTANTIAL REPAIR OF A FOUNDATION (as found in 9th Edition Building Code)
Means 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.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations.
B. 
Federally tailored definitions. The following defined terms apply specifically and only to this Article 27, as required by and provided in federal regulations.
BASE FLOOD
Means the flood having a one-percent chance of being equaled or exceeded in any given year.
DEVELOPMENT (as found in 44 C.F.R. § 59.1 and thereafter expanded)
Means any manmade change to, or alteration of the existing vegetation or underlying soil of, improved or unimproved real property, including, but not limited to: the construction, expansion, reconstruction or razing of buildings or other structures, mining, dredging, filling, clearing, compacting, grading, paving, excavation, drilling or stockpiling or storage of materials or equipment, and installation of permanent or temporary water-crossings.
FLOODWAY (as found in Base Code, Chapter 2, Section 202)
Means 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.
RECREATIONAL VEHICLE (as found in 44 C.F.R. § 59.1)
Means a vehicle which is:
(1) 
Built on a single chassis;
(2) 
400 square feet or less when measured at the largest horizontal projection;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY
See FLOODWAY.
SPECIAL FLOOD HAZARD AREA (as found in Base Code, Chapter 2, Section 202)
Means the land area subject to flood hazards and shown on a FIRM or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.
STRUCTURE (as found in 44 C.F.R. § 59.1)
Means, 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.
TEMPORARY
Means less than three months in a calendar year and, with respect to structures or uses, means that it must be readily movable.
The following provisions are included in accordance with federal regulatory and policy guidance requirements for local floodplain management:
A. 
Except as otherwise provided by statute or judicial decision, the requirements of this Article 27 shall take precedence over any less restrictive conflicting provisions of the General Bylaws, Zoning Bylaws or local regulations of any board, commission, officer or official of the Town.
B. 
The degree of flood protection required by this Article 27 is considered reasonable but does not imply total flood protection.
Land in the Floodplain Overlay District may be used for any purpose otherwise allowed in the underlying district.
All uses shall comply with the following additional design and permitting standards beyond those standards that are required by the underlying district:
A. 
Building, wetlands and soils standards.
(1) 
All development in the Floodplain Overlay District, including structural and non-structural activities, and whether permitted by right, special permit or variance, must be in compliance with:
(a) 
The Massachusetts State Building Code, currently promulgated as 780 CMR, or any successor regulation to the same;
(b) 
Massachusetts General Laws, Chapter 131, Section 40, or any successor statute to the same;
(c) 
310 CMR 10.00, or any successor regulation to the same;
(d) 
Chapter 184 of the General Bylaws;
(e) 
Chapter 360 of the General Bylaws; and
(f) 
Chapter 363 of the General Bylaws.
(2) 
Where there are conflicts between the above standards, the development nonetheless must comply with the most restrictive standard.
B. 
All habitable structures shall be elevated one foot above the established base flood elevations.
C. 
Within Zones AH and AO on the FIRM, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. Such design solutions shall not create erosive effects from floodwaters.
D. 
In Zone AE and along watercourses that have a regulatory floodway designated within the Town of Dartmouth on the Bristol County FIRMs, encroachments are prohibited in the regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
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.
F. 
All structures and other developments must have the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5).
G. 
All habitable structures shall be located landward of the reach of the mean high tide. Habitable structures are prohibited seaward of the reach of mean high tide.
H. 
All development shall be designed so that surrounding properties, including upstream or downstream are not damaged by floodwaters as the result of proposed development.
I. 
Habitable structures proposed to be built upon vacant lots and located in Zones VE, and V shall be subject to the following:
(1) 
Shall connect to municipal sewer within one year of when it becomes available, as determined by the Department of Public Works.
(2) 
If a sewer connection is not available, then the applicant shall certify to the Building Department through the Board of Health that the site is able to support the proposal based on a subsurface sewerage disposal system which could be installed in full compliance with 310 CMR 15.00, with no variances granted by the Board of Health. Such certification shall be delivered to the Building Department within 15 working days of the submittal of the application, regardless of the method of sewerage disposal proposed.
J. 
Existing habitable structures located in FEMA Zones VE, and V for which additions are proposed shall connect to municipal sewer as soon as it becomes available, as determined by the Department of Public Works.
K. 
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.
L. 
In the event that the lot is located in more than one underlying district, then the underlying zoning standards that are more restrictive for a portion of the lot shall apply to the entire lot.
M. 
In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles be on the site for less than 180 consecutive days or be fully licensed and highway ready.
N. 
All development, including with respect to location and construction of any utilities and other facilities, in the Floodplain Overlay District shall minimize flood damage and ensure that adequate drainage is provided.
O. 
For any development of at least five acres, no building permit or special permit for any use or structure shall be issued until and unless the applicant provides technical data to determine the base flood elevation for the development.
Temporary non-residential structures used in connection with fishing, aquaculture, or the growing, harvesting, storage, or sale of agricultural products, are exempt from the requirements of Article 27.
The provisions of this Article are severable. If any court of competent jurisdiction determines that any provision is in violation of the laws, constitutions or regulations of the Commonwealth of Massachusetts or the United States of America, the remaining provisions shall not be affected thereby and shall continue in full force and effect.