The purposes of the Special Conservancy District
are:
A.
To protect the public health and safety, persons and
property against the hazards of seasonal and periodic flooding. See
also § 350-16;
[Amended 6-15-2023 by Ord. No. 23.322]
B.
To protect the entire community from individual choices
of land use and development which require subsequent public expenditures
for public works and disaster relief;
C.
To provide that lands in the City of Northampton subject
to seasonal or periodic flooding as described hereinafter shall not
be used for residential or other purposes in such a manner as to endanger
the health or safety of the occupants thereof;
D.
To assure the continuation of the natural flow pattern
of the watercourses within the City of Northampton in order to provide
safe and adequate floodwater storage and conveyance capacity, to protect
persons and property against the hazards of flood inundation, including
damage from erosion and increased flood heights and velocities;
E.
To protect, preserve and maintain the water table
and water recharge areas with the City so as to preserve present and
potential water supplies for the public health and safety of the residents
of the City of Northampton;
F.
To provide for the continued functioning of the river
floodplain/wetlands as a natural system. The object is to avoid activities
in the floodplain/wetlands which would interfere with natural food
chains that support a myriad of living things recognizing that they
serve mankind and all other life in assimilating waste, producing
food, conserving water, and maintaining stability which has been called
the balance of nature. Proper use of the floodplain/wetlands is considered
to be such as would secure these benefits to all its users.
The Special Conservancy District shall generally
cover the majority of the area contained within the floodplain of
the Connecticut River, and is specifically that area show as "SC"
on the Zoning Map of the City of Northampton.
Land in the Special Conservancy District may
be used for the purposes permitted in the district as set forth in
the Table of Use Regulations. [1] Where such uses are allowed by special permit, the conditions of §§ 350-13.4 and 350-13.5 shall apply.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
A.
The Planning Board is the special permit granting
authority for all permits under this article. The Planning Board shall
send copies of the application for the special permit and accompanying
plans to the Building Commissioner, Board of Health and the Conservation
Commission for their recommendations. The Planning Board shall not
act until 30 days after it sends copies of the application to the
reviewing agencies. The Planning Board shall give due consideration
to all recommendations and, where its decision differs from the recommendations
received, it shall state the reasons therefor in writing.
B.
The Planning Board may, as a condition of approval,
require that effective notice be given to prospective purchasers of
past flooding of said premises and the steps undertaken to alleviate
the effects of the same.
The application for a special permit for a use in the Special Conservancy District shall include a site plan, in accordance with the standards in § 350-11.1. In addition to the requirements of § 350-10.1:
A.
The site plan shall show elevation above mean sea level of the basement, first floor, ground elevation, and one-hundred-year floodplain level, and documentation that the project complies with all of the criteria of § 350-13.6.
B.
For all structures where any part of the structure
will be below the floodplain elevation the applicant shall provide
certification from a registered professional engineer or architect
that the building is designed, constructed, and anchored to prevent
flotation, collapse, or lateral movement of the structure during flooding.
This requirement shall not apply to structures accessory to residential
uses and structures used for agriculture, horticulture and floriculture
where those structures are built with concrete frost and foundation
walls that extend at least six inches above the one-hundred-year floodplain
and where the walls are built to allow flow of water on both sides
of the concrete wall in accordance with the State Building Code[1] (wet floodproofing).
C.
For special permit applications for any use other
than structures accessory to residential structures containing one
to three dwelling units and structures used for agriculture, horticulture
and floriculture the requirement for a site plan at one inch equals
40 feet with contours may not be waived unless the entire project
is above the one-hundred-year floodplain.
D.
A statement indicating what other permits or approvals
are required or have been obtained from state and/or federal agencies.
The following conditions shall apply for the
development of any portion of land within the SC District that is
at or below the one-hundred-year floodplain:
A.
The floor of the basement, or if none, the lowest
floor of new construction of structures for residential uses shall
be at or above the one-hundred-year flood elevation.
B.
The floor of the basement, or if none, the lowest
floor of new construction of structures for nonresidential uses shall
be at or above the one-hundred-year flood elevation or floodproofed
to the one-hundred-year flood elevation.
C.
All structures shall be so designed, constructed,
and secured to prevent flotation, collapse, or lateral movement of
the structure during flooding, and to be consistent with the need
to minimize flood damage.
D.
There shall be no danger of pollution to public or
on-site water supply facilities due to the location or elevation of
the building, filling of the area, infiltration of floodwaters, or
for other reasons.
E.
Utilities shall be so located and constructed as to
minimize or eliminate flood damage.
F.
Adequate methods shall be provided for the periodic
disposal of sewage, refuse and other wastes resulting from the uses
permitted on the site.
G.
Where the topography and soil conditions permit, adequate
drainage shall be provided so as to minimize flood damage.
H.
Safe vehicular and pedestrian movement to, over, and
from the premises should be provided with the exception that all roads
and driveways shall be at or near grade level to prevent unwarranted
diking.
No occupancy permit shall be issued until the
Building Commissioner has received a certified plan showing the foundation
and floor elevations, grading of the premises, elevations of the completed
construction, and all elevations of the various elements that make
up the sewage disposal system, and stating that all requirements of
all permits obtainable at the time have been satisfied.
