1701.1.
The purpose of this § 198-1701 is to protect the health and safety of persons and property against the hazards of flooding along the Sudbury River. In the Floodplain District, any use otherwise permitted by this Zoning Bylaw shall be permitted, except that no filling, excavating or transferring of any material that will reduce the natural floodwater storage capacity or interfere with the natural flow or recession of any floodwater shall be done in the Floodplain District, and no structure shall be erected or placed in the Floodplain District unless a special permit for such action or structure has been issued by the Zoning Board of Appeals (ZBA), created under § 198-201, after a hearing with due notice given. Said special permit shall state the conditions under which said action or structure may be done, erected or placed in the Floodplain District.
[Amended 5-4-1994 ATM by Art. 26]
1701.2.
Any person desiring a special permit to fill, excavate or transfer material or to erect or place a structure within the Floodplain District shall submit a written application for a special permit to the Building Commissioner describing the work to be done, together with three copies of the plans and specifications for the proposed filling, excavating or transferring of material and/or for the proposed structure, and, in each case, of the premises on which the same is to be done or situated, which plans shall have been approved by the Board of Health. The Building Commissioner shall transmit copies of said application, plans and specifications forthwith to the ZBA and to the Conservation Commission. No building permit shall be issued by the Building Commissioner, nor shall any of the proposed work be begun, until the ZBA shall have issued a special permit under Article 6.
[Amended 4-30-1975 ATM by Art. 28; 5-4-1994 ATM by Art. 26]
1701.3.
The ZBA shall issue a special permit under Article 6, subject to the conditions hereinafter specified and such other special conditions and safeguards as the ZBA deems necessary to fulfill the purposes set forth in § 198-1701.1, if it finds that the proposed use of the premises and filling, excavating or transferring of material or structure thereon will not endanger the health or safety of the users or occupants thereof or of any other land in or adjacent to the Floodplain District.
[Amended 5-4-1994 ATM by Art. 26]
1701.3.1.
In deciding applications for a special permit under Article 6, but without limiting the generality of the foregoing, the ZBA will assure, to a degree consistent with reasonable use of the premises for purposes permitted in the district in which located, that:
1701.3.1.1.
Other land in and adjacent
to the Floodplain District is protected against detrimental or offensive
uses of the premises.
1701.3.1.2.
The methods of drainage
are adequate.
1701.3.1.3.
Any proposed filling, excavating
or transferring of materials would not result in pollution or contamination
of the river or its watershed, reduction of seasonal high-water storage
areas, interference with the flow or recession of floodwaters or risk
to the health or safety of users or occupants of land in the Floodplain
District or adjacent thereto.
[Amended 5-4-1994 ATM by Art. 26]
1701.3.2.
In addition, with respect to any structure referred
to in an application for a special permit under this article, the
ZBA shall assure that:
1701.3.2.1.
Areas to be used or occupied
by human beings shall be at an elevation above mean sea level of at
least 125 feet.
1701.3.2.2.
Safe vehicular and pedestrian
movement to, over and from the premises is provided over ways having
an elevation above mean sea level of at least 125 feet.
1701.4.
Nothing contained in this § 198-1701 shall limit the authority of the Board of Health with respect to premises in the Floodplain District or limit the authority relative thereto of the Conservation Commission pursuant to MGL c. 131, § 40.
[Amended 4-30-1975 ATM by Art. 28]
1701.5.
In the event that the ZBA shall find that the site selected by the applicant for the work to be done is not accessible to waters of the Sudbury River at flood stages up to 124 feet above mean sea level, it may excuse the applicant from complying with the requirements of this § 198-1701, even though the site is included in the Floodplain District.
[Amended 4-30-1975 ATM by Art. 28]
1701.6.
Land included in the Floodplain District may
be used to satisfy the area and yard regulations set forth in this
Zoning Bylaw for the use of lots in the Town of Wayland.
[Amended 4-30-1975 ATM by Art. 28]
[Amended 5-4-1982 ATM by Art. 17; 4-7-2011 ATM by Art. 20]
1702.1.
The purposes of the Federal Flood Plain Protection
District are to protect the health and safety of persons in the Town
against the hazards of flooding; to reduce damage to public and private
property resulting from flooding; to control development within lands
identified as flood hazard areas; and to maintain the Town’s
eligibility to participate in the National Flood Insurance Program
and thereby enable Town property owners to purchase insurance against
damage to, or loss of, real property or personal property arising
from a flood. As used herein, FIRM means the Federal Insurance Rate
Map, as described in § 198-302.1.2.
1702.2.
The following requirements apply in the Federal
Flood Plain Protection District:
1702.2.1.
In Zone AE, where the base flood elevation is
provided on the FIRM, the base flood elevation shall be utilized to
meet the elevation or floodproofing requirements of the State Building
Code, Seventh Edition, 780 CMR 120.G, “Flood Resistant Construction”,
as may be modified in subsequent editions. Within Zone A, where the
base flood elevation is not provided on the FIRM, each applicant for
a building permit for any building and/or structure within Zone A
shall obtain the best available base flood elevation data, which shall
be reviewed by the Building Commissioner and used to meet said elevation
or floodproofing requirements. Base flood elevation data is required
for subdivision proposals or other developments greater than five
acres within Zone A.
1702.2.2.
All encroachments, including fill, new construction,
substantial improvements to existing structures and other development,
are prohibited, unless certification by a registered professional
engineer or architect is provided by the applicant for a building
and/or special permit for any such encroachment within the floodway
demonstrating that such encroachment shall not result in an increase
in flood levels within the Town during the occurrence of the one-hundred-year
flood. Along waterways that have not had a regulatory floodway designated
on the FIRM, the best available federal, state, Town or other floodway
data shall be used to provide the certification that the encroachment
will not result in an increase in said flood levels.
1702.3.
All development in the Federal Flood Plain Protection District, including
structural and nonstructural activities, that is in compliance with
this Bylaw, must also be in compliance with the following state and
Town requirements, and any waivers or variances from said requirements
may only be granted in accordance with the procedures of those requirements:
1702.3.1.
The current requirements of the Massachusetts State Building Code
for construction in flood hazard areas.
1702.3.2.
The Wetlands Protection Act, MGL c. 131, § 40, and its Regulations
(currently 310 CMR 10.00 et seq.).
1702.3.3.
Inland Wetlands Restriction Regulations (currently 310 CMR 13.00).
1702.3.4.
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage
(“Title V”) (currently 310 CMR 15,000 et seq.).
