Board Action. In the Floodplain District, the special permit granting authority may grant a special permit for any use and/or structure, subject to the following:
1. The proposed use will not be detrimental to the public health, safety and welfare.
2. The proposed use will comply in all respects to the provisions of the underlying district or districts within which the land is located.
3. All necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
4. The provisions of
§ 9.03: Site plan review of certain residential and non-residential developments or
§ 5.16: Pleasant Street Corridor District (PSCD) if applicable are applied for any use or structure. Specifically, the provisions of
§ 155-9.03(c) are applied in a manner designed to eliminate, minimize or reduce exposure to flood damage. In addition:
(A) New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the system.
(B) New and replacement sanitary sewage systems must be similarly designed. Discharges from sewage systems into flood waters must be minimized or eliminated.
(C) No new construction, substantial improvement to existing structures, filling, or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood.
5. Any proposed new development greater than 50 lots or five acres, whichever is the lesser, must include base flood elevation data.
6. The elevation in mean sea level to which proposed new or substantially improved structure will be elevated or flood proofed, whether or not the structure has a basement is required.
7. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural 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) The Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");
(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) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5)
8. 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.
9. In reference to
§ 155-5.06(d)7.(B),
§ 155-5.06(d)7.(C), and
§ 155-5.06(d)4.(C) please note that under the Wetlands Protection Act Regulations, no rise in water surface elevation is allowed to result from proposed activity in the floodplain.
Other Agency Action.
1. The Inspector of Buildings will maintain a record of floodproofing and elevation information as required by the State Building Code, including:
(A) The elevations, in relation to mean sea level of the lowest floor, including basement or cellar, and whether or not the building has a basement or cellar;
(B) The elevation, in relation to mean sea level, to which a building has been flood proofed;
(C) The date when such construction or improvement commenced.
Notification of Watercourse Alteration. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:
Adjacent Communities
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104
NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110
