The purpose of this Article is to promote:
A.
The health and safety of the occupants of lands subject to seasonal
or periodic flooding in the Charles and Stop Rivers Floodplain District.
B.
The preservation of the natural flood control characteristics and
the water storage capacity of the Floodplain District.
C.
The safety and purity of water; control and containment of sewage;
safety of gas, electric, fuel and other utilities from breaking, leaking,
short circuiting, grounding, igniting, electrocuting or any other
dangers due to flooding.
A.
The Floodplain District is superimposed over all districts established
by this Bylaw. The Floodplain District is defined as all lands along
or sloping to the Stop River and Charles River whose elevation is
below 125 feet mean sea level based on the Massachusetts Geodetic
Datum of 1929 (Elevation 124 based on NAVD 1988) and as shown on the
Zoning Map and all the A Zone flood areas (Zone A and Zone AE) as
shown on the Department of Homeland Security Flood Insurance Rate
Map (FIRM) for Norfolk County, dated July 17, 2012, Community #250242,
panel numbers: 25021C0153E, 25021C0154E, 25021C0158E, 25021C0159E,
25021C0162E, 25021C0164E, 25021C0166E, 25021C0167E, 25021C0168E, and
25021C0169, as amended.
B.
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.
A.
Land in the Floodplain District may be used for any purpose otherwise
permitted in the underlying district except that:
(1)
No building permit shall be issued nor any building, wall, dam
or other structure shall be erected, constructed, altered, enlarged
or otherwise created or moved for any purpose unless a special permit
is issued by the Board of Appeals.
(2)
Dumping, filling, excavating or transferring of any earth or
fill material within the district is prohibited unless a special permit
is issued by the Board of Appeals.
(3)
No ponds or pools shall be created or other changes in watercourses
allowed, whether for swimming, fishing or other recreational uses,
agricultural uses, scenic features or drainage improvements or any
other uses, unless a special permit is issued by the Board of Appeals.
B.
Dams and water control devices.
(1)
Proper operation and maintenance of existing dams and other
water control devices are permitted uses under this Article. This
includes the temporary alteration of the water level for emergency
or maintenance purposes and the removal of any and all flashboards
of a privately owned dam in order to lower the water level.
(2)
No new dams or other water control devices shall be created
unless a special permit is issued by the Board of Appeals.
C.
Maintenance of municipal facilities, such as waterworks, pumping
stations, existing public ways and parks, shall not be subject to
a special permit under this Article.
A.
Any person desiring a special permit for any use set out in § 300-10.3A above within the Floodplain District shall submit an application to the Board of Appeals, in accordance with the provisions of MGL c. 40A, as amended. The application shall be accompanied by plans of any construction and of the premises on which it is to be situated. All plans shall show existing and proposed finished ground contour at two-foot intervals. Contours shall be delineated within 200 feet of the proposed construction.
[Amended 4-28-2014 ATM
by Art. 33]
B.
Copies of the application for special permit to the Board of Appeals
with accompanying plans shall also be sent to the Building Inspector,
Board of Health, Conservation Commission and Planning Board for their
recommendations to the Board of Appeals, as to their approval, disapproval
or appropriate recommendations.
C.
All such plans shall be certified by a registered land surveyor or
a registered professional civil engineer.
D.
Prior to submitting an application for special permit, the applicant
shall have obtained an order of conditions or determination of nonapplicability,
as appropriate, from the Medfield Conservation Commission; a copy
of the Commission's decision shall be included with the application.
A.
The Board of Appeals, after holding a public hearing, shall issue
a permit under this Article if it finds that the use of the premises
will not endanger the health or safety of the occupants thereof or
of other land in the Floodplain District. In deciding applications
for a special permit under this Article, but without limiting the
generality of the foregoing, the Board of Appeals shall find affirmatively:
(1)
That the basement floor elevation for any structure having sustained
living occupancy shall be at least 125 feet above the mean sea level
(NGVD 1929), and the top of the foundation wall shall be at least
132 feet above mean sea level (NGVD).
(3)
That safe vehicular and pedestrian access to, over and from
the premises is provided on ways having all elevations no less than
125 feet above mean sea level (NGVD 1929), unless data indicated a
higher ground.
(4)
That because of the location, elevation or for other reasons,
there will be no danger of pollution to public or on-site water facilities.
(5)
That sewage, gas, electricity, fuel, and other utilities will
be adequately protected from all hazards which may arise as a result
of a severe flood.
(6)
That the methods of drainage are adequate.
(7)
That other land in the Floodplain District is nevertheless protected
against diminution of value as a result of the proposed use of the
premises.
(8)
No new construction, improvement of existing structures, filling
or other land development shall be permitted unless it is demonstrated
by the applicant that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point in the Town.
(9)
The proposed project, and its construction, will be consistent
with the Conservation Commission's decision.
B.
If any land included in the Floodplain District is found by the Board
of Appeals not to be in fact subject to seasonal or periodic flooding,
the Board of Appeals may grant a special permit for the use of such
land for any purpose permitted in the underlying district.
C.
No building permit shall be issued until the Board of Health has
issued a permit under this Article approving the proposed sanitary
and storm drainage system or has allowed 45 days to elapse after receipt
of the application.
D.
No certificate of occupancy shall be issued until the Board of Appeals,
the Building Inspector, the Board of Health, the Conservation Commission
and the Planning Board have received a certified plan showing the
foundation and floor elevations, grading of the premises, elevations
of the complete structure and all elevations of the various elements
that make up the sewage disposal system, and it is determined by each
board and the Building Inspector that all requirements of all permits
are satisfied or 45 days have elapsed after the receipt of such plan
by the Building Inspector and each board and notification of the Building
Inspector and each board by the applicant for the completion of the
work.
Nothing contained in this Article 10 shall limit the authority
of the Board of Health with respect to premises in the Floodplain
District or limit the applicability of the Commonwealth of Massachusetts
State Building Code to any structure in the Floodplain District.
The furnishing of all plans and specifications necessary to
all boards and authorities as required by this Article shall be the
obligation of the applicant. Each board or authority shall immediately
return to such applicant a dated receipt in duplicate, describing
the documents received. Such receipt shall be prima facie evidence
of delivery and date of delivery. A copy of each receipt shall be
presented to the Board of Appeals at least two weeks before the date
set for the hearing of the application.
