[Added 3-3-1970 ATM, Art. 47 (Amdt. No. 23); amended 4-6-1970 ATM, Art. 6 (Amdt. No. 26); 3-20-1972 ATM, Art. 42 (Amdt. No. 36); 12-4-1972 STM, Art. 1 (Amdt. No. 37); 3-19-1973 ATM, Art. 37 (Amdt. No. 41); 5-3-1975 ATM, Art. 28 (Amdt. No. 49); 5-1-1978 ATM, Art. 12 (Amdt. No. 52); 10-22-1979 STM, Art. 7 (Amdt. No. 55); 5-5-1980 ATM, Art. 24 (Amd.t No. 56); 5-4-1987 ATM, Art. 21 (Amdt. No. 70); 10-27-1997 STM, Art. 12 (Amdt. No. 121); 6-15-1998 ATM, Art. 31 (Amdt. No. 128); 5-7-2012 ATM, Art. 30 (Amdt. No. 179); 5-5-2025 ATM by Art. 18]
[1]
Editor's Note: Original Section 3A, added 3-1-1965 ATM, Art. 37 (Amdt. No. 10), which dealt with a ban on mobile homes as dwellings, was repealed 3-4-1969 ATM, Art. 46 (Amdt. No. 18).
DEVELOPMENT
Means 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]
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]
FUNCTIONALLY DEPENDENT USE
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. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
Means 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]
HISTORIC STRUCTURE
Means any structure that is:
A. 
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;
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]
NEW CONSTRUCTION
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]
RECREATIONAL VEHICLE
Means a vehicle which is:
A. 
Built on a single chassis;
B. 
400 square feet or less when measured at the largest horizontal projection;
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]
REGULATORY FLOODWAY
See "floodway."
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, and Zone AE [Base Code, Chapter 2, Section 202]
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]
STRUCTURE
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. [US Code of Federal Regulations, Title 44, Part 59]
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]
VARIANCE
Means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONE A
Means an area of special flood hazard without water surface elevations determined.
ZONE AE
Means area of special flood hazard with water surface elevations determined.
ZONES, FLOOD Definitions of Flood Zones
The community shall use the pertinent definitions for flood zones delineated within the community. All these terms are defined in the US Code of Federal Regulations, Title 44, Part 64.3.
A. 
The purpose of the Floodplain Overlay District is to:
(1) 
Ensure public safety through 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.
B. 
Use of FEMA maps and supporting studies. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within GEORGETOWN designated as Zones A and AE on the ESSEX COUNTY Flood Insurance Rate Map (FIRM) dated 8 JULY 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance Base Flood Elevations (BFE) shown on the FIRM and further defined by the ESSEX COUNTY Flood Insurance Study (FIS) report dated 8 JULY 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Assessors' Office and Conservation Commission.
C. 
Designation of community Floodplain Administrator. The Town of GEORGETOWN hereby designates the position of Building Commissioner to be the official Floodplain Administrator for the Town. The responsibility of the Floodplain Administrator is to serve as the point of contact for flood insurance programs questions and concerns.
A. 
Permits are required for all proposed development in the Floodplain Overlay District. The Town of Georgetown 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.
B. 
Assure that all necessary permits are obtained. The Town of Georgetown's permit review process includes the requirement that the proponent obtain 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 demonstrate that all necessary permits have been acquired.
A. 
Floodway encroachment.
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.
In Zone AE, along watercourses that do have a regulatory floodway designated on the Town of Georgetown's Flood Insurance Rate Map 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.
B. 
Unnumbered A Zones. In A Zones, in the absence of FEMA Base Flood Elevation 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 and 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. 
When proposing subdivisions or other developments greater than 10 lots or two acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
B. 
Requirement to submit new technical data. If the Town of Georgetown were to acquire data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town of Georgetown will, 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:
•
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
•
NFIP Program Specialist
Federal Emergency Management Agency, Region I
In Zones A and AE 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.
This chapter shall be enforced by the Zoning Enforcement Official appointed under § 29-10 of the Code of the Town of Georgetown. A petition to Superior Court to restrain by injunction violations of this chapter or of MGL c. 40A, as provided by law (in MGL c. 40A, § 7), shall be made in the name of the Town.
APPEALS
A. 
If the Zoning Enforcement Officer were requested in writing to enforce this chapter against any person allegedly in violation of the same and he declines to act, the ZOE shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such request. A person who has been so notified may appeal to the Board of Appeals within 30 days of the date of such notice. A person aggrieved by an order or decision of the ZOE or other administrative official in violation of any provisions of MGL c. 40A or this chapter may appeal to the Board of Appeals within 30 days of the date of such order or decision.
B. 
If no notice has been received within the above-mentioned 14 days, the person who made the request shall so notify the Town Clerk who shall so notify the Zoning Enforcement Officer and the Selectmen.
C. 
An appeal to the Board of Appeals by a person aggrieved by his inability to obtain a permit or enforcement action shall be taken within 30 days from the date it is deemed to have been denied. It shall be deemed to have been denied if no decision is issued within 35 days from the date of filing.
D. 
Violations: Any person violating any provision of this bylaw, any of the conditions under which a special permit or variance is granted or any decision of the Board of Appeals may be fined not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense. Such fine may be recovered by the Zoning Enforcement Officer on complaint before the District Court.
A. 
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.
A. 
Watercourse alterations or relocations in riverine areas.
In a riverine situation, the Conservation Director shall notify the following of any alteration or relocation of a watercourse:
•
Adjacent Communities, especially upstream and downstream
•
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
•
NFIP Program Specialist
Federal Emergency Management Agency, Region I
B. 
Variances to Building Code floodplain standards.
If the State issues variances to the flood-resistant standards as found in the state building code, the Town of Georgetown will request from State Building Code Appeals Board a written and audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
In addition, The Town of Georgetown shall 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.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
C. 
Variances to Local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).
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 non-financial 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.
For further information, see FEMA publication P-993, "Variances & the National Flood Insurance Program."
D. 
Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
E. 
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
F. 
Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
(1) 
Such proposals minimize flood damage.
(2) 
Public utilities and facilities are located & constructed to minimize flood damage.
(3) 
Adequate drainage is provided.