[Amended 5-15-2023 ATM by Art. 16]
The purpose of the Floodplain Overlay District is to:
1.
Ensure public safety by reducing the threats to life and personal
injury.
2.
Eliminate new hazards to emergency response officials.
3.
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
4.
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding.
5.
Eliminate costs associated with the response and cleanup of flooding
conditions.
6.
Reduce damage to public and private property resulting from flooding
waters.
The following definitions should be applied to the Floodplain
Overlay District. Terms and words not defined herein but defined by
FEMA shall have the meanings given therein unless a contrary intention
clearly appears.
The elevation of surface water resulting from a flood that
has a 1% chance of equaling or exceeding that level in any given year.
The BFE is shown on the Flood Insurance Rate Map (FIRM) for Zones
AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and
VE.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
An elevation certificate is a document that lists a building's
location, lowest point of elevation, flood zone and other characteristics,
according to FEMA. It is used to enforce local building ordinances
and to help determine flood insurance rates.
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.
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 special flood
hazard areas.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest point of the ground level immediately next to
a building.
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.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
See "Floodway."
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.
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)
For floodplain management purposes, a walled and roofed building.
This definition also includes a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Work on structures that are determined to be substantially
damaged is considered to be substantial improvement, regardless of
the actual repair work performed.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure (or smaller percentage if established by the
community) before the start of construction of the improvement. This
term includes structures that have incurred substantial damage, regardless
of the actual repair work performed.
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.
A grant of relief by a community from the terms of a floodplain
management regulation.
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.[1]
Includes any canal, channel, conduit, creek, culvert, ditch,
drain, gully, ravine, reservoir, perennial stream, wash, waterway
or wetland. Watercourses do not include man-made drainageways.
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ZONE A — An area of special flood hazard without water
surface elevations determined.
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ZONE A1-30 and ZONE AE — An area of special flood hazard
with water surface elevations determined.
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ZONE AH — Areas of special flood hazards having shallow
water depths and/or unpredictable flow paths between one and three
feet, and with water surface elevations determined.
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ZONE AO — An area of special flood hazards 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.)
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ZONE A99 — An 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.)
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ZONE X — Areas of minimal or moderate flood hazards or
areas of future-conditions flood hazard. (Zone X replaces Zones B
and C on new and revised maps.)
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ZONE V — An area of special flood hazards without water
surface elevations determined, and with velocity, that is inundated
by tidal floods (coastal high hazard area)
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ZONE V1-30 and ZONE VE — An area of special flood hazards,
with water surface elevations determined and with velocity, that is
inundated by tidal floods (coastal high hazard area).
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[1]
Editor's Note: See 44 CFR 60.3.
The Floodplain District is herein established as an overlay
district.
a.
The District includes all special flood hazard areas designated within
the Town of Norton, Bristol County Flood Insurance Rate Map (FIRM),
dated July 6, 2021, issued by the Federal Emergency Management Agency
for the administration of the National Flood Insurance Program. The
exact boundaries of the District shall be defined by the one-percent-chance
base flood elevations shown on the FIRM and further defined by the
Bristol County Flood Insurance Study (FIS) report dated July 6, 2021.
The FIRM and FIS report are incorporated herein by reference and are
on file with the Town Clerk, Planning Board, Building Official, and
Conservation Commission.
b.
The map panels of the Bristol County FIRM that are wholly or partially
within the Town of Norton are Panel Numbers 25005C0039F, 25005C0043F,
25005C0044F, 25005C0109F, 25005C0127F, 25005C0131F, 25005C0132F, 25005C0134F,
25005C0136F, 25005C0137F, 25005C0141F, 25005C0151F and 25005C0153F
dated July 7, 2009, and Panel Numbers 25005C0107G, 25005C0126G, 25005C0128G,
25005C0129G, and 25005C0133G, dated July 16, 2015.
A.
Reference to existing regulations.
(1)
The Floodplain District is established as an overlay district
to all other districts. All development in the district, including
structural and nonstructural activities, whether permitted by right
or by special permit, shall comply with MGL c. 131, § 40,
and with the following:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high-hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
(e)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5); (f) Town of Norton Zoning
Bylaw; and
(f)
Town of Norton Wetlands Bylaw, if any;
(2)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
B.
Permitted uses. The following uses of low flood damage potential
and causing no obstructions to flood flows are encouraged, provided
they are permitted in the underlying zoning district and they do not
require structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including fishing, boating, play
areas, etc.
(4)
Conservation of water, plants, wildlife.
(5)
Wildlife management areas, foot, bicycle, and/or horse paths.
(6)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
(7)
Buildings lawfully existing prior to the adoption of these provisions
and minor alterations that do not increase the floor space of the
structure.
C.
Special permit uses. The Planning Board may, after a duly advertised
public hearing, grant a special permit for a building, structure or
use in the floodplain, provided that such building, structure or use
is permitted in the underlying zoning district and subject to the
following limitations:
(1)
No permit shall be issued to fill or excavate in the floodway
or to build a new structure or to substantially improve an existing
structure in the floodway;
(2)
In Zones A and AE, the proposed use, including filling or excavating,
when combined with all existing uses, shall not increase the water
surface elevation of the 100-year flood more than zero inch at any
point. This is to be so certified to the Planning Board by a registered
professional engineer upon application for the special permit.
D.
Other use regulations.
(1)
All subdivision proposals shall be designed to minimize flood
damage, including that all utilities and facilities shall be located
and constructed to minimize or eliminate flood damage and that adequate
stormwater drainage controls are provided to reduce exposure to flood
hazards and so that there, at a minimum, shall be no increase in stormwater
runoff when post-construction conditions are compared to pre-construction
conditions, using drainage calculations prepared by a licensed professional
engineer.
(2)
Existing contour intervals of site and elevations of existing
structures shall be included on the plans provided.
(3)
There shall be established a "routing procedure" which shall
circulate or transmit one copy of the development plan to the Conservation
Commission, Planning Board, Board of Health and Building Inspector
and for comments which shall be considered by the appropriate permitting
board prior to issuing applicable permits.
(4)
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than five
lots or five acres within unnumbered A Zones.
(5)
In all special flood hazard areas it shall be the responsibility
of the owner or builder to notify in writing prospective owners of
the floodplain designation and the availability of flood insurance.
E.
Procedures in case of noncompliance.
(1)
In case of a zoning violation, the administration and enforcement of bylaws, including violations and penalties, shall be as dictated in Article XI of the Norton Zoning Bylaws, and overseen by the Building Commissioner.
(2)
If a zoning violation occurs, the Building Commissioner is to
dictate the best avenue for remediation to ensure maximum compliance
given the circumstances.
(a)
Violators will be required to meet all FEMA standards, NFIP
regulations, provide elevation certificates, and may be required to
provide temporary elevation certificates at the discretion of the
Building Commissioner.
(b)
Violators will be required to meet all other applicable state
and local regulations.
The floodplain management regulations found in this Floodplain
Overlay District section shall take precedence over any less restrictive
conflicting local laws, ordinances or codes.
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
If any section, provision, or portion of this bylaw is deemed
to be unconstitutional or invalid by a court, the remainder of the
ordinance shall be effective.
The Town of Norton hereby designates the position of Building
Commissioner to be the official floodplain and NFIP administrator
for the Town.
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FEMA Region I Risk Analysis Branch Chief
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99 High St., 6th floor,
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Boston, MA 02110
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And copy of notification to:
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Massachusetts NFIP State Coordinator
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MA Dept. of Conservation & Recreation,
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251 Causeway Street,
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Boston, MA 02114
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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.
1.
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
for 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.
2.
Such notification shall be maintained with the record of all variance
actions for the referenced development in the floodplain overlay district.
Variance from these floodplain bylaws must meet the requirements
set out by state law, and may only be granted if:
The Town of Norton requires a permit for all proposed construction
or other development in the floodplain overlay 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.
The Town of Norton'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
floodplain overlay district. The proponent must acquire all necessary
permits, and must submit the completed checklist demonstrating that
all necessary permits have been acquired.
In A Zones, in the absence of FEMA BFE data and floodway data,
the applicant will provide, and the Town staff will subsequently review,
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.
1.
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.
2.
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.
In a riverine situation, the NFIP Administrator shall notify
the following of any alteration or relocation of a watercourse:
1.
Adjacent communities, especially upstream and downstream.
2.
Bordering states, if affected.
3.
NFIP State Coordinator:
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street, 8th floor
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Bosyon, MA 02114
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4. NFIP Program Specialist:
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
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Boston, MA 02110
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In A and AE 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.
The NFIP Administrator is the assigned Town official responsible
for all local enforcement procedures for noncompliant floodplain development.
