A.
The Town of Brewster, Massachusetts, is hereby divided
into zoning districts to be designated as follows:
Residential Rural
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R-R
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Residential Low Density
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R-L
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Residential Medium Density
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R-M
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Commercial High Density
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C-H
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Village Business
[Added 10-17-1988 STM, Art. 26] |
V-B
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Industrial
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I
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Municipal Refuse District
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MRD
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Wetlands Conservancy
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WC
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Groundwater Protection District
[Added 5-9-1994 ATM, Art. 52] |
GPD
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Floodplain[1]
[Added 5-13-1985 ATM, Art. 64] |
FPD
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Personal Wireless Services Communications Facilities
Overlay District
[Added 5-5-1997 ATM, Art. 76; amended 5-6-2003 by ATM, Art.
25] |
PWSCF
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[1]
Editor's Note: The former COPD Corridor Overlay Protection
District, added 5-9-1994 ATM, Art. 25, which immediately followed
this district, was repealed 5-2-2011 ATM, Art. 31.
B.
A portion of the district known as "Municipal Refuse
District (MRD)" is to be zoned Residential Rural (R-R), the location
and boundaries of said portion being shown on a map entitled "Supplemental
Zoning Map" showing MRD District in Brewster, Massachusetts, made
for the Town of Brewster, December 1972, Nickerson & Berger, Inc.,
Civil Engineers, Orleans, Massachusetts, and placed on file with the
Town Clerk.
C.
That portion of the C-H Zoning District which is located
in the area along Route No. 6A and 400 feet north and 400 feet south
of the center line of Route No. 6A and between a line 400 feet west
of Bassett Lane and Ellis Landing Road shall now be known as the "Village
Business (V-B) District."[2]
[Added 10-17-1988 STM, Art. 26]
[2]
Editor's Note: Former Subsection D, concerning the Corridor
Overlay Protection District, added 5-9-1994 ATM, Art. 25, which immediately
followed this subsection, was repealed 5-2-2011 ATM, Art. 31.
[Amended 10-17-1988 STM, Art. 26; 5-11-1992 ATM, Art. 34; 11-20-2000 FYTM, Art.
25]
The location and boundaries of the zoning districts
are hereby established as shown on the May 1979 Map entitled “Zoning
Districts Map of the Town of Brewster, Massachusetts,” which
is on file in the Town Clerk’s office, and which is a part of
this chapter.
Where any uncertainty exists with respect to
the boundary of any district as shown on the Zoning Districts Map,
the following rules apply:
A.
Where a boundary is indicated as a street, railroad,
watercourse or other body of water, it shall be construed to be the
center line or middle thereof or, where such boundary approximates
a Town boundary, then to the limits of the Town boundary.
B.
Where a boundary is indicated as following approximately
or parallel to a street, railroad, watercourse or other body of water,
it shall be construed to be parallel thereto and at such distance
therefrom as shown on the Zoning Districts Map. If no dimension is
given, such distance shall be determined by the use of the scale shown
on the Zoning Districts Map.
C.
Where a dimensional boundary coincides within 10 feet
or less with a lot line, the boundary shall be construed to be the
lot line.
D.
Where a boundary is indicated as intersecting the
center line of a street, railroad, watercourse or other water body,
and unless it is otherwise indicated, it shall be construed to intersect
at right angles to the tangent to the curve at the point of intersection.
E.
When a district boundary line divides any lot in one
ownership of record at the time such line is adopted, a use that is
permitted on one portion of the lot may be extended into the other
portion, provided that a special permit is granted by the Board of
Appeals.
F.
When a lot in one ownership is situated so that a
part of it is in Brewster and part is in an adjacent town, the provisions
of this chapter shall be applied to that portion of the lot which
lies in Brewster in the same manner as if the entire lot were situated
therein; i.e., the entire area and frontage shall be considered in
determining conformity to the dimensional requirements herein. The
use of the portion of the lot in Brewster shall conform to the provisions
herein.
[Added 5-7-2007 ATM, Art. 27]
A.
Purpose. Wetlands Conservancy Districts are intended
to preserve and maintain the groundwater table on which the inhabitants
of this or other municipalities depend for water supply; to protect
the purity of coastal and inland waters for the propagation of fish
and shellfish and for recreational purposes; to protect the public
health and safety; to protect persons and property from the hazards
of flood and tidal waters which may result from unsuitable development
in swamps, ponds, bogs or marshes along watercourses or in areas subject
to floods or extreme high tides; and to conserve the natural character
of the environment, wildlife and open space for the education and
general welfare of the public.
B.
Locations and boundaries.
[Amended 12-10-1984 STM, Art. 28]
(1)
Wetlands Conservancy Districts shall include all bordering
vegetated wetlands, freshwater banks, land subject to flooding, land
under a freshwater body, land under the ocean, coastal beaches, barrier
beaches, rocky intertidal shores, land under salt ponds, fish runs,
coastal dunes, coastal banks, salt marshes and land containing shellfish
which are subject to the jurisdiction of the Wetlands Protection Act,
MGL c. 131, § 40, as amended.
(2)
Wetlands Conservancy Districts shall also include
the following soil types and soil associations, the location and boundaries
of which are shown by Overlay Map Sheets 11, 16, 17, 18 and 22 encompassing
the Town of Brewster and found in the “Soil Survey of Barnstable
County, Massachusetts” issued March 1993 by the United States
Department of Agriculture, Soil Conservation Service, which survey
is hereby made part of this chapter: Amostown (AmA); Beaches (Bh);
Belgrade Silt Loam (BlB); Berryland (BmA); Boxford (BoA) (BoB); Deerfield
(DeA); Dune Land (Dn); Freetown (Fm, Ft); Freetown and Swansea (Fs);
Hooksan (HoC, HoD, HxC); Ipswich, Pawcatuck and Matunuck (ImA); Maybid
(MaA, MbA); Pipestone (PeA); Scitico (ScA); Sudbury (SdA); and Walpole
(WvA). Soil descriptions as well as their land uses and limitations
are found in this survey. Any parcels of land under this section
too small to show on the aforementioned map sheets but containing
soil types and associations described in the above survey shall be
subject to this chapter. Disturbed areas may be accorded Wetlands
Conservancy District status if an on-site investigation determines
that the filled area covers a Conservancy District soil or soil association.
[Amended 5-9-1988 ATM, Art. 95; 5-8-1989 ATM, Art 46; 10-15-1990 STM, Art.
4; 11-19-2001 FYTM, Art. 17]
C.
Prohibited uses. The following uses are prohibited
within the Wetlands Conservancy Districts as defined in this chapter:
D.
Permitted uses. Except as provided in Subsection E below, buildings, structures and premises in Wetlands Conservancy Districts may be used only for the following purposes, so long as no dredging or filling is involved.
(1)
Fishing and shellfishing, including the raising and
cultivation of fish and shellfish.
(2)
Forestry, grazing and farming, nurseries, truck gardening
and harvesting of crops, including but not limited to such crops as
cranberries, marsh hay, seaweed, berries and shrub fruits and trees,
and work incidental thereto.
(3)
Conservation of soil, water, plants and wildlife.
(4)
Outdoor activities, including hiking, swimming, boating,
nature study, fishing, trapping and hunting.
(5)
Drainage works which are part of the local flood and
mosquito control conducted by an authorized public agent.
(6)
Such other agricultural, horticultural, floricultural,
religious and educational uses as are exempted from prohibition by
MGL c. 40A, § 3.
(7)
Uses accessory to residential or other primary uses,
such as flower or vegetable gardens, lawns, pastures or forestry areas.
(8)
The building and use of footbridges, constructed or
fabricated trails and walks, stairways, docks and landings.
[Added 11-18-2002 FYTM, Art. 20]
(9)
Notwithstanding the prohibition against any land filling or dumping of any soil, peat, sod, gravel, rocks or other mineral substances in Subsection E(4) below, land filling or dumping of any gravel, rocks, sand or other mineral substance is permitted for property owners for the sole purpose of repairing or re-nourishing of bay front beaches after storm damages.
[Added 11-13-2006 FYTM, Art. 23]
E.
Uses permitted by a special permit. The Board of Appeals may issue a special permit for the following uses and structures in accordance with the provisions of § 179-51 of this chapter. Before issuing a special permit under this section, the Board of Appeals shall consider whether or not the proposed use will be detrimental to the environmental quality of both the subject and contiguous lands. The Board of Appeals may, as an alternative to a denial of a special permit under this section, impose such conditions as it deems necessary to contribute to the protection and preservation of subject land in accordance with the purposes of this chapter. Before issuing a special permit under this section, the Board of Appeals shall forward a copy of the application for the special permit to the Conservation Commission, and the Conservation Commission shall, within 35 days of receipt of a copy of such application, make recommendations to the Board of Appeals concerning the application for a special permit. The Board of Appeals shall not grant any special permit under this section until the report of the Conservation Commission has been received and considered, or until 35 days from delivery of the application copy for the special permit to the Conservation Commission has elapsed without the receipt or the report from the Conservation Commission. Any report of the Conservation Commission to the Board of Appeals under this section shall be an advisory report only. The following uses shall be permitted by a special permit only:
(1)
Nonresidential buildings or structures to be used
only in conjunction with fishing, shellfishing, the growing and harvesting
and storage of crops raised on the premises and boathouses.
(2)
Dams, changes in watercourses or other drainage works, only as part of an overall drainage plan constructed or authorized by a public agency as stated in Subsection D above.
(3)
[1]Appropriate municipal uses, such as waterworks, pumping
stations and parks.
[1]
Editor's Note: Former Subsection E(3), amended
5-3-1999 ATM by Art. 31, which permitted footbridges, constructed
or fabricated trails and walks, docks and landings, was repealed 5-6-2002
ATM by Art. 20. Said Art. 20 also renumbered former Subsection E(4)
through (7) as Subsection E(3) through (6).
(4)
Any landfilling or dumping of any soil, loam, peat,
sand, gravel, rocks or other mineral substances.
(5)
Any draining, damming, dredging, altering or relocating
any watercourse or the removal from Wetlands Conservancy Districts
of loam, peat, sod, gravel, rocks or other mineral substances.
(6)
Certain accessory uses related to scientific research
or development, as and to the extent mandated in MGL c. 40A, § 9.
F.
Emergency action. Any special permit required by § 179-6 of this chapter shall not apply to emergency projects necessary for the protection of health and safety of the citizens of Brewster. "Emergency projects" shall mean any project certified to be an emergency by the Commissioner of the Department of Natural Resources (Department of Environmental Protection) and the Conservation Commission, if this chapter and MGL c. 131, § 40, are both applicable, or by the Conservation Commission alone, if only this chapter is applicable. In no case shall any filling, dredging or altering commence prior to any emergency certification, or extend beyond the time necessary to abate the emergency. Emergency action may be performed by:
[Amended 5-11-1992 ATM, Art. 39]
(1)
An administrative agency of the commonwealth or Town.
(2)
A property owner, if emergency approval has or will be granted under the provisions of this Subsection F above and the Building Commissioner deems the action necessary to protect or prevent further damage to an approved and permitted building or structure. Corrective action is to be limited to protection only, and not to complete replacement.
[Added 5-13-1985 ATM, Art. 65; amended 5-11-1992 ATM, Art. 37; 11-17-2003 FYTM, Art.
22; 5-5-2014, ATM, Art. 24; 11-15-2021 FYTM by Art. 11]
The Floodplain District is established as an overlay district.
All uses otherwise permitted in the underlying district are allowed,
provided that they meet the following additional requirements, as
well as those of the Massachusetts State Building Code dealing with
construction in floodplains and coastal high hazard areas.
A.
Statement of purpose. The purposes of the Floodplain District are
to:
(1)
Regulate development in areas subject to coastal storm flowage, particularly
high hazard velocity zones, in order to minimize threats to public
safety, potential loss of life, personal injury, destruction of property,
and environmental damage inevitably resulting from storms, flooding,
erosion and relative sea level rise.
(2)
Enable safe access to and from coastal homes and buildings for homeowners
and emergency response personnel, such as police, fire and rescue
departments or other emergency response officials.
(3)
Reduce or prevent public health emergencies resulting from surface
and ground water contamination from inundation of or damage to sewage
disposal systems and storage areas for typical household hazardous
substances.
(4)
Minimize monetary loss and public health threats resulting from storm
damage to public facilities (water and gas mains, electric, telephone
lines, streets, bridges, etc.). 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 to and cleanup of flooding
conditions.
(6)
Reduce damage to public and private property resulting from flooding
waters.
B.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
COASTAL HIGH HAZARD AREA
DEVELOPMENT
DISTRICT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LAND SUBJECT TO COASTAL STORM FLOWAGE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
ONE HUNDRED YEAR FLOOD
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SEA-LEVEL RISE BASE FLOOD ELEVATION (SLR-BFE)
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONES
Definitions. As used in this section, the following words shall have
the meanings specified herein:
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, X, and
VE. [Base Code, Chapter 2, Section 202]
The flood having a 1% chance of being equaled or exceeded
in any given year.
The area subject to high-velocity waters, including but not
limited to hurricane wave wash or tsunamis. The area is designated
on a FIRM as Zone 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. [44 CFR Part 59]
Floodplain District.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be fixed (including, at minimum, the installation of utilities,
the construction of streets, and either final site grading or pouring
of concrete pads) is completed before the effective date of this section.
The preparation of additional sites by the construction of
facilities for servicing lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction
or streets, and either final site grading or pouring of concrete pads).
Administers the National Flood Insurance Program (NFIP).
FEMA provides a nationwide flood hazard mapping study program for
communities as well as regulatory standards for development in the
flood hazard areas.
An official map of a community on which FEMA has delineated
both areas of special flood hazard and risk premium zones applicable
to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
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. [44 CFR Part 59; also, Referenced
Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [44 CFR
Part 59]
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:
Land subject to inundation caused by coastal storms up to
and including the 100-year flood, surge of record, or flood of record,
whichever is greater. The 100-year flood (or base flood as it is also
referred to) means the flood having a 1% chance of being equaled or
exceeded in any given year. The seaward limit is mean low water.
The lowest floor of the lowest enclosed areas (including
basement or cellar). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements
of NFIP Regulations 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
purposes of the application of this Floodplain District Bylaw, the
term "manufactured home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Is administered by the Federal Emergency Management Agency
(FEMA).
Structures for which the start of construction commenced
on or after June 6, 1985 (the effective date of the first Flood Insurance
Rate Map and accompanying regulations). New construction includes
work determined to be substantial improvement.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of this Floodplain District Bylaw.
See "base flood."
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.
(Note: Recreational vehicles are only allowed in Brewster in
licensed camping facilities.)
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The elevation of surface water resulting from any inundation
caused by coastal storms up to and including that predicted to be
caused by the 1% annual storm for the Target Year, as defined by the
best available coastal flooding model.
An area having special flood and/or flood-related erosion
hazards, and shown on a FIRM as Zone A, AE, VE.
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,
including 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.
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 before the start of construction of the improvement.
This term includes structures which 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. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a flood
plain management regulation. [44 CFR Part 59]
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. [44 CFR Part 59]
ZONE A — The 100-year floodplain area where
the base flood elevation (BFE) has not been determined. To determine
the BFE, use the best available federal, state, local or other data.
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ZONE AE — The 100-year floodplain where the
base flood elevation has been determined.
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ZONE X — Areas identified in the community
Flood Insurance Study as areas of moderate or minimal flood hazard.
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ZONE VE — Special flood hazard areas along
a coast subject to inundation by the 100-year flood with additional
hazards due to velocity (wave action). Base flood elevations have
been determined.
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C.
Floodplain District boundaries and base flood elevation data.
(1)
The Floodplain District includes all special flood hazard areas within
the Town of Brewster designated as Zone A, AE, AH, AO, A99, V or VE
on the Barnstable County Flood Insurance Rate Map (FIRM) issued by
the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program dated July 14, 2016. The exact
boundaries of the District may be defined by the 1% chance base flood
elevations shown on the FIRM and further defined by the Barnstable
County Flood Insurance Study (FIS) report. The FIRM and FIS report
are incorporated herein by reference and are on file with the Town
Clerk, Planning Board, Building Commissioner and Conservation Commission.
(2)
Base flood elevation data. 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.
(a)
Within Zone A, where the base flood elevation is not provided
on the FIRM, the applicant shall cause a qualified professional to
provide any existing base flood elevation data, which data shall be
reviewed by the Building Commissioner/Zoning Agent for its reasonable
utilization toward meeting the elevation or floodproofing requirements
as appropriate, of the State Building Code.
(b)
Pursuant to the Wetlands Protection Act (MGL c. 131, § 40
and 310 CMR 10.00 et seq.), the Brewster Conservation Commission may
require any building or other structure, in the event of any substantial
repair of the foundation, any substantial improvement, or any restoration
of substantial damage, the entire building or structure shall be elevated
at least two feet above the SLR-BFE.
D.
Use regulations.
(1)
All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable within the Floodplain District; provided, however, where the Floodplain District Bylaw imposes additional or conflicting requirements, the more stringent local requirements shall prevail. All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40, of the Massachusetts General Laws and with the following:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR).
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00).
(c)
Inland Wetlands Restriction, IMP (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 15.500).
(2)
Any departure from the provisions and requirements of the above-referenced
state or local regulations may only be granted in accordance with
the required variance procedures of these state or local regulations.
A variance from this Floodplain Bylaw 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.
(3)
If the state issues a variance to the flood-resistant standards as
found in the Massachusetts State Building Code, 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.
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.
Such notification shall be maintained with the record of all
variance actions for the referenced development in the floodplain
overlay district.
E.
Recommended uses. The following uses, which present low flood damage
potential and are unlikely to cause obstructions to flood flows, are
encouraged, provided they are permitted in the underlying district
and do not require structures, fill, or the storage of either materials
or equipment.
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including play areas, nature study, boating,
fishing and hunting where otherwise legally permitted.
(4)
Conservation of water, plants and wildlife.
(5)
Wildlife management areas, foot, bicycle, and/or horse paths and
bridges provided such uses do not affect the natural flow pattern
of floodwaters or of any watercourse.
(6)
Temporary nonresidential structures used in connection with fishing,
hunting, bird watching, growing, harvesting, storage, or sale of crops
raised on the premises.
(7)
Buildings and uses lawfully existing prior to the adoption of these
provisions.
F.
Use limitations.
(1)
Man-made alteration of sand dunes within Zone VE that increase potential
flood damage is prohibited.
(2)
All new construction within Zone VE is required to be located landward
of the reach of mean high tide.
(4)
Existing contour intervals of site and elevations of existing structures
must be included on plan proposals.
(5)
Within Zones AO and AH on the FIRM, adequate drainage paths must
be provided around structures on slopes, to guide floodwaters around
and away from proposed structures.
G.
Administration.
(1)
The Town of Brewster 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 floodplain permit required hereunder shall be issued by the Conservation
Commission in connection with any other permit applications falling
under the Conservation Commission's jurisdiction. The Conservation
Commission may enact regulations hereunder including the procedures
relative to an application for a floodplain permit.
(2)
There shall be established a routing procedure which will circulate
or transmit one copy of the development plan to the Conservation Commission,
Planning Board, Board of Health, Town Engineer and Building Commissioner
for comments which will be considered by the appropriate permitting
board prior to issuing applicable permits. The proponent must obtain
all local, state, and federal permits necessary to carry out the proposed
development in the floodplain overlay district and must verify that
all necessary permits have been acquired.
(3)
The Building Commissioner shall require the applicant to cause a
qualified professional to provide records of elevation and/or floodproofing
levels for new construction or substantial improvement within the
flood district.
H.
Designation of community floodplain administrator. The Town of Brewster
hereby designates the position of Building Commissioner to be the
official floodplain administrator for the Town.
I.
Severability. If any provision of this section should be disapproved by the Attorney General or invalidated by a court of competent jurisdiction, the remainder of the section shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this § 179-7 shall not affect the validity of the remainder of the Town of Brewster's Zoning Bylaw.
J.
Abrogation. The provisions found in this Floodplain Overlay District
section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes.
K.
Liability. The degree of flood protection required by this bylaw
is considered reasonable but does not imply total flood protection.
L.
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevation in the FEMA mapped Special Flood
Hazard Areas, the Town will, within 6 months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s). Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02110