[Added 3-3-1970 ATM, Art. 47 (Amdt. No. 23)]
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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homes as dwellings, was repealed 3-4-1969 ATM, Art. 46 (Amdt.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).
[Amended 3-19-1973 ATM, Art. 37 (Amdt. No. 41)]
The land located in the Floodplain District, as hereinafter described and defined, is deemed to be subject to seasonal or periodic flooding. If any land in a Floodplain District is proven to the satisfaction of the Board of Appeals as being in fact not subject to flooding, and that such land use will not increase the danger to the health or safety of the occupants thereof, and that such land use will not be detrimental to public health, safety or welfare by causing damage to other landowners resulting from the development of a floodplain and the consequent obstruction of the flood flow, or otherwise, the Board of Appeals may grant a special permit under MGL c.40A, § 4, for such uses of said land as are permitted in the underlying basic district. The underlying basic districts are the districts described in § 165-2 of this chapter.
The following uses only are permitted in a Floodplain District without a special permit as provided in § 165-20.
A.
Farming, including forestry, nursery and truck gardening
and the pasturing of livestock, but not the erection of a permanent
structure for use in connection with the above.
B.
Conservation of water, plants and wildlife, including
the raising and management of wildlife.
C.
Taking of water for irrigation, farming and agriculture.
D.
Recreation, including play areas, nature study, golf,
boating, fishing and hunting where legally permitted in the underlying
basic district.
The following uses only are permitted in a Floodplain
District with the written approval of the Board of Appeals, after
a public hearing, which Board shall have found that the proposed use
is not contrary to the purpose of this district.
A.
The removal or deposit of earth products, as part of a flood-control or other conservation program or in connection with the building of a driveway, fire lane or road, provided that the Board of Appeals finds that such driveway, fire lane or road does not interfere with natural drainage, subject to the provisions of Chapter 49, Earth Removal, if applicable.
B.
The discharge of water or other liquids into a stream.
C.
Shelters in connection with wildlife conservation
and management of agriculture.
In Floodplain Districts, no building structure
for human habitation or for any occupation, except as expressly permitted
by other provisions of this Article, shall hereafter be erected, altered,
enlarged or moved.
[Added 5-4-1987 ATM, Art. 21 (Amdt. No. 70)]
A.
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
B.
No areas may be enclosed after the effective date
of this sentence, namely, May 4, 1987, below the base flood elevation.
C.
The local administrator shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from
a federal, state or other source as criteria for requiring that new
construction, substantial improvements or other development in Zone
A, which Zone A is not included within the Floodplain Districts, complies
with Federal National Flood Insurance Program.
D.
The Town shall obtain and maintain on file the elevation
of the lowest floor (including basement) of new and substantially
improved structures in all special flood hazardous areas, including
Zone A.
E.
"Lowest Floor" is defined as the lowest floor of the
lowest enclosed area (including basement). An unfinished or flood-resistant
enclosure, usable solely for parking 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 nonelevation
design requirements of this article.
F.
The bottom of the lowest floor (including basement)
of any building in Town shall be not less than one foot above the
maximum water elevation.
In Floodplain Districts no earth products shall be removed or deposited except under the provisions of § 165-22A.
Land within a Floodplain District and in the
same ownership as an adjoining lot in the underlying basic district
may be counted as part of such lot when determining the area, width
and yards of coverage of such lot, provided that no structure, except
one permitted in this article, is erected in a Floodplain District
nor is any sewage disposal area constructed in a Floodplain District.
Lot area required, width of lot, yards, coverage and height requirements
shall be as defined in the underlying districts.
If for any reason the restrictions or requirements contained in this Article IV shall be or become invalid or inoperative as to any land in a Floodplain District, then such land shall be subject to the zoning uses and requirements of the basic underlying district in which such land is located. The provisions of this Article IV are hereby declared to be severable.
[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); 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); 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)]
Nothing in this Bylaw is intended to replace or supersede the
requirements of the Town of Georgetown Zoning Bylaw, the Massachusetts
Wetlands Protection Act, the Town of Georgetown Wetlands Protection
Bylaw, any other Bylaw that may be adopted by the Town of Georgetown,
or any Rules and Regulations adopted thereunder.
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The Floodplain District is defined as all land extending on
either side of the thread of the stream which, on March 2, 1970, is
below the grade indicated above sea level determined with reference
to United States Coast and Geodetic Survey Markers, and all special
flood hazard areas within the Town of Georgetown designated as Zone
A and AE on the current Essex County Flood Insurance Rate Maps (FIRMs)
issued by the Federal Emergency Management Agency (FEMA) for the Town
of Georgetown, as more fully defined herein.
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No building permit shall be issued for any structure and no
other permit shall be issued for any purpose, including disposal works
construction, located within any area designated as Floodplain District
on a map entitled "Floodplain Zoning Map, Revised May 1, 1980," on
file in the office of the Planning Board and all special flood hazard
areas within the Town of Georgetown designated as Zone A and AE on
the current Essex County Flood Insurance Rate Maps (FIRMs) issued
by the Federal Emergency Management Agency (FEMA) for the Town of
Georgetown, unless the applicant furnishes a plan prepared by a registered
professional engineer or registered land surveyor showing the elevation
in two-foot contours or otherwise demonstrates to the satisfaction
of the Building Inspector, or other person or Board from whom the
permit is sought, the relationship of the land to the Floodplain District.
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A.
Elevation 72 feet along the Parker River from USCGS
BM 74 located northeast from Mill Street to the point where the Parker
River flows under Thurlow Street; thence 67 feet to the point where
the Parker River leaves Georgetown.
B.
Grade 85 feet along the Parker River from West Main
Street to a point 2,400 feet measured along the center line upstream
from Bailey Lane, then grade 90 feet to the Groveland Town line.
C.
Grade 100 feet along Penn Brook from Baldpate Pond
to Central Street.
D.
Grade 90 feet along Penn Brook from Central Street
to East Main Street.
E.
Elevation 72 feet along the other branch of Parker
River to North Street.
F.
Grade 87 feet along the continuation of this branch
from North Street to East Main Street.
G.
Grade 100 feet along Lufkins Brook from West Street
to Andover Street, as shown on a map in the office of the Town Clerk.
H.
Grade 130 feet along a tributary of Lufkins Brook
from Andover Street south to Spofford Street.
I.
Grade 38 feet along the Parker River from West Main
Street to the westerly side of Pond Street. (Map 17)
J.
The following land is also within the Floodplain District:
land which on July 1, 1972, is less that three feet above the lower
bank and lying within 50 feet on either side from the thread of the
following stream: Wheeler Brook from its junction with Jackman Brook
to a line drawn 175 feet from and parallel to the easterly line of
Route 95 as laid out in 1951.
K.
The following land is also within the Floodplain District:
land which on July 1, 1979, is below an elevation which varies lineally
between 55 feet at Jewett Street to 21 feet at the Newbury Town line,
measured along the center line of Jackman Brook as shown on a map
on file in the office of the Planning Board entitled "Map 16, July
1, 1979." Said elevations are also shown on a graph entitled "Flood
Profiles-Jackman Brook" on file in said office.
L.
Grade 70 feet in Hawk Meadow and elevation 55 feet
along the southerly and northerly branches of Jackman Brook westerly
from Jewett Street.
M.
Elevation 66 feet along Wheeler Brook from Jewett
Street south to the earthen dam located approximately 1,750 feet upstream
from Jewett Street, thence elevation 68 feet upstream from the earthen
dam to the westerly line of Route 95.
N.
The following land is also within the Floodplain District:
land extending 400 feet on either side of the thread of the stream
which on May 1, 1980, is less than grade 81 feet above mean sea level
along Bulford Brook from north of Brook Street to its intersection
with Penn Brook; and grade 80 feet along Penn Brook from East Main
Street to North Street. The map is on file in the office of the Planning
Board and is entitled "Floodplain Zoning Map, Section 3B, Paragraph
(7n)." (Map 13, revised May 1, 1980.)
O.
The following land is also within the Floodplain District:
land which on May 1, 1978, lies within 50 feet on either side from
the thread of the north branch of Muddy Brook on the westerly side
of Route 95 and which also is within 1,550 feet of the center line
of said Route 95 as laid out in 1951. (Map 14)
P.
Also land which on May 1, 1978, is less than grade
80 feet above mean sea level along said north branch of Muddy Brook
from the easterly line of Route 95 to the Rowley Town line, all as
shown on Map 14, which map is on file in the office of the Planning
Board.
Q.
The Floodplain District includes all special flood hazard areas within
the Town of Georgetown designated as Zone A and AE on the Essex County
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Essex County FIRM that are wholly or
partially within the Town of Georgetown are map numbers 25009C0113F,
25009C0114F, 25009C0231F, 25009C0232F, 25009C0233F, 25009C0234F, 25009C0251F,
25009C0252F, 25009C0253F, 25009C0254F, and 25009C0256F with an effective
date of July 3, 2012. The exact boundaries of the District shall be
defined by the 100-year base flood elevations shown on the FIRM and
further defined by the Essex County Flood Insurance Study (FIS) report
with an effective date of July 3, 2012. The FIRM and FIS report are
incorporated herein by reference and are on file with the Planning
Office.
(1)
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.
(2)
In Zone A, base flood elevation data is required for subdivision
proposals or other developments.
(3)
In Zone AE, along watercourses within the Town of Georgetown that
have a regulatory floodway designated on the Essex County FIRM maps,
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.
R.
All development in the Floodplain District, including structural
and non-structural activities, whether permitted by right or by special
permit must be in compliance with § 131, Section 40 of the
Massachusetts General Laws and with the following:
(1)
Sections of the Massachusetts State Building Code (§ 780
CMR) which address floodplain and coastal high hazard areas.
(2)
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently § 310 CMR 10.00).
(3)
Inland Wetlands Restriction, DEP (currently § 310 CMR 13.00).
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently § 310 CMR 15, Title 5);
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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.
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S.
In a riverine situation, the Conservation Comission shall notify
the following of any alteration or relocation of a watercourse:
