BYLAW: Floodplain District 1

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Prepared by:
MA Attorney General's Office

FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Office of the Attorney General
100 Cambridge Street
Boston, MA 
Tel: (617) 727-2200

TEXT OF THE BYLAW:

SECTION VII: FLOODPLAIN DISTRICT
7-1 Statement Of Purpose
The purposes of the Floodplain District are to:
a) Ensure public safety through reducing the threats to life and personal injury.
b) Eliminate new hazards to emergency response officials;
c) Prevent the occurrence of public emergencies resulting from water quality
contamination, and pollution due to flooding;
d) 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;
e) Eliminate costs associated with the response and cleanup of flooding conditions;
f) Reduce damage to public and private property resulting from flooding waters.
7-2 Floodplain District Boundaries And Base Flood Elevation and Floodway Data
a) FLOODPLAIN DISTRICT BOUNDARIES
The Floodplain District is herein established as an overlay district. The underlying uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building dealing with construction in floodplains. The District includes all special flood hazard areas designated on Buckland Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFEP dated May 15, 1980 as Zone A, A1-30 and the Flood Boundary & Floodway Map dated May 15, 1980, both maps which indicate the 100-year regulatory floodplain. The exact boundaries of the District may be defined by 100 year base flood elevations shown on the FIRM and further defined by the Flood Insurance study booklet dated November 1979. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector and Conservation Commission.
b). BASE FLOOD ELEVATION AM FLOODWAY DATA
1. Floodway Data. In Zone 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 occurrence of the base flood discharge.
2. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
7-3. Notification Of Watercourse Alteration
- Notify, in a riverine situation, the following of any alteration or relocation of a
watercourse: - Adjacent Communities
- Bordering States (optional)
- NFIP State Coordinator Massachusetts Office of Water Resources 100 Cambridge Street
Boston, MA 02202
- NFIP Program Specialist FEMA Region 1, Rm. 462 J.W. McCormack Post Office & Courthouse Boston, MA 02109
7-4. Use Regulations
a). REFERENCE TO EXISTING REGULATIONS
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 13 1, Section 40 of the Massachusetts General Laws and with the following:
- Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 2102.0, "Flood Resistant Construction");
- Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
- Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
- Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
- 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). OTHER USE REGULATIONS
1) In Zones A1-30 along watercourses that have a regulatory floodway designated on the Buckland FIRM Flood Boundary & Floodway Map encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
2) Review all subdivision proposals to assure that:
a) such proposals minimize flood damage;
b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c) adequate drainage is provided to reduce exposure to flood hazards.
3) Existing contour intervals of site and elevations of existing structures must be included on plan proposal
4) 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, and Building Inspector for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.
7-5 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 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 non-residential 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.
7-6 Definitions
AREA OF SPECIAL FLOOD HAZARD : is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, VI-30, VE, or V.
BASE FLOOD : means the flood having a one percent chance of being equaled or exceeded in any given year.
DEVELOPMENT : means any manmade 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.
DISTRICT : means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION : means 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 a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION : means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY : (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP : means 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. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP : (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP : (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY : means 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.
FLOODWAY - means the channel of a river 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.
LOWEST FLOOR : means the lowest floor of the lowest enclosed area (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 not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME : means 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 floodplain management purposes 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.
MANUFACTURED HOME PARK OR SUBDIVISION : means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION : means, for floodplain management purposes, structures for which the"start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW
CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION : means 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 a 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 the floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY - see FLOODWAY.
SPECIAL FLOOD HAZARD AREA : means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V130, VE.
START OF CONSTRUCTION : includes substantial improvement, and means the date the building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
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. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE : means 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 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT : means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent 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.
ZONE : A means 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.
ZONE A1-A30 AND ZONE AE : (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.
ZONE AH AND ZONE AO : means the 100-year floodplain with flood depths of 1 to 3 feet.
ZONE A99 : means areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X : are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.