[Amended 5-2-2011 ATM by Art. 18]
It is the purpose of the Floodplain Regulations to provide standards
for the use of those lands deemed subject to seasonal or periodic
flooding; to eliminate potential dangers to the health and safety
of the occupants thereof; and to prevent loss and damage to property.
The Floodplain District is herein established as an overlay
district. The district includes all special flood hazard areas within
the Town of Lancaster designated as Zones A and AE, on the Worcester
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 Worcester County FIRM that
are wholly or partially within the Town of Lancaster are panel numbers
25027C0287E, 25027C0288E, 25027C0289E, 25027C0293E, 25027C0294E, 25027C0451E,
25027C0452E, 25027C0454E, 25027C0456E, 25027C0457E, 25027C0458E, 25027C0459E,
25027C0462E, 5027C0466E and 25027C0467E dated July 4, 2011. The exact
boundaries of the Floodplain District are defined by the one-hundred-year
base flood elevations shown on the FIRM and further defined by the
Worcester County Flood Insurance Study (FIS) report dated July 4,
2011. The FIRM and FIS report are incorporated herein by reference
and made part of the Town's Official Zoning Overlay Map[1] and are on file with the Town Clerk, Planning Board and
Building Inspector.
[1]
Editor's Note: Said map is included at the end of this chapter.
A.
No building for residential use (See § 220-8.1.) shall be erected within the Floodplain District. With that exception, within the Floodplain District the underlying permitted uses are allowed, provided that they meet the additional requirements of this Article VII, as well as those of the Massachusetts State Building Code dealing with construction in floodplains.
B.
The Floodplain District is established as an overlay district to
all other districts.
(1)
All development in the district, including structural and nonstructural
activities, whether permitted by right or by special permit, must
be in compliance with MGL c. 131, § 40, and with the following:
(a)
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).
(2)
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.
C.
Within Zone A, where the base flood elevation is not provided on
the FIRM, the Building Inspector shall obtain any existing base flood
elevation and floodway data available from a federal, commonwealth,
or other source, as criteria for application of the requirements of
this and other applicable flood hazard controls.
D.
In Zone AE, along watercourses that have a regulatory floodway within
the Town of Lancaster designated on the Worcester County FIRMs, the
following provisions shall apply:
(1)
All encroachments, including fill, new construction, substantial
improvements to existing structures, and other development, are prohibited
unless certification by a registered professional engineer is provided
by the applicant demonstrating that such encroachment shall not result
in any increase in flood levels during the occurrence of the one-hundred-year
flood.
(2)
Any encroachment meeting the above standard shall comply with the
floodplain requirements of the State Building Code.
E.
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 (i.e., the one-hundred-year
flood). 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.
F.
In a riverine situation, the Conservation Commission Agent shall
notify adjacent communities, the NFIP State Coordinator (Note: As
of 2011, the State Coordinator is in the MA DCR at 251 Causeway St.,
Suite 600-700, Boston 02114-2104.), and the FEMA Region I NFIP Program
Specialist (Note: As of 2011, the FEMA NFIP Program Specialist is
at Federal Emergency Management Agency, Region I, 99 High St., 6th floor, Boston 02110.) of any alteration or relocation
of a watercourse.
