2.5 Flood Plain Overlay Districts
*6- Amended Sept. 29, 1981 – Article 4
*97 Amended May 16, 2011 Article 38, section deleted and replaced
A. Statement of Purpose
The purposes of the Floodplain District are to:
1 Ensure public safety through reducing the threats to life and personal injury;
2 Eliminate new hazards to emergency response officials;
3 Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
4 Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
5 Eliminate costs associated with the response and cleanup of flooding conditions;
6 Reduce damage to public and private property resulting from flooding waters.
B. Floodplain District Boundaries and Base Flood Elevation and Floodway Data
1 Floodplain district boundaries and base flood elevation data
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within West Boylston designated as Zone A, AE, AH, and AO 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 West Boylston are panel numbers 0439E, 0443E, 0444E, 0463E, 0606E, 0607E, 0610E and 0620E dated July 4, 2011. The exact boundaries of the District may be defined by the 100-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 are
on file with the Town Clerk, Planning Board, Building Inspector and Conservation Commission.
a Base Flood Elevation and Floodway Data
1 Floodway Data. 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 Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
2 Notification of Watercourse Alteration
In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:
Adjacent Communities
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-7700
Boston, MA 02114-2104
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor Boston, MA 02110
C Use Regulations
1 Reference to Existing Regulations
The Floodplain District is established as an overlay district to all other districts. All Development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
• Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas;
• Wetland Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
• Inland Wetland Restriction, DEP (currently 310 CMR 13.00);
• Minimum Requirement for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
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.
2 Other Use Regulations
a In Zone AE, along watercourses that have a regulatory floodway designated within the Town of West Boylston on the Worcester County FIRM 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.
b All Subdivision proposals must be designed to assure that:
1) Such proposals minimize flood damage;
2) All public utilities and facilities are located and constructed to minimize or eliminate flood damage: and
3) Adequate drainage is provided to reduce exposure to flood hazards.
c Existing contour intervals of site and elevations of existing structure must be included on plan proposal.
d There shall be a “routing procedure” which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health and Building Inspector for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.
D Development Regulations
The following requirements apply in the Flood Plain District:
1 With Zone A, where the base flood elevations are not provided on the FIRM, the Wetland Protection Act regulations require determination of base flood elevation data by engineering calculations. This information must be supplied to the Building Inspector for utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building code.
2 In the floodway, designated on the Flood Insurance Rate Maps, the following provisions shall apply:
a All encroachments, including fill, new construction, substantial improvement to existing structures, and other developments are prohibited unless certification by a registered professional engineer or architect is proved by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.
b Any encroachment meeting the above standard shall comply with the flood plain requirements of the State Building Code.
E Permitted Uses
The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
• Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
• Forestry and nursery uses.
• Outdoor recreational uses, including fishing, boating, play areas, etc.
• Conservation of water, plants, wildlife.
• Wildlife management areas, foot, bicycle, and/or horse paths.
• Temporary non-residential structures used in connection with fishing, growing, harvesting, storage or sale of crops raised on the premises.
• Buildings lawfully existing prior to the adoption of these provisions.
F Definitions
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1 – 30, AE, A99, VE or V.
BASE FLOOD means the flood having a one-percent change of being equaled or exceeded in any given year.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICT means floodplain district.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar.) An unfinished or flood resistant enclosure, usable solely for parking of 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 non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also included park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
ONE-HUNDRED-YEAR FLOOD – see BASE FLOOD
REGULATORY FLOODWAY – see FLOODWAY.
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, 199, V, V1-30, VE.
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, which is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored , before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine, the BFE, use the best available federal, state, local or other data.
ZONE A1-30 and ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
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