Section 36 Floodplain District Requirements
Section 36. Floodplain District Requirements
36.1 Purposes. The purposes of this district (in addition to those enumerated elsewhere in this zoning by-law) are:
(a) To provide that lands in the Town of Millbury subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health, safety, or welfare of the occupants thereof, or of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.
(b) To assure the continuation of the natural flow pattern of the watercourses within the Town, in order to provide adequate and safe floodwater storage capacity to protect against the hazards of flood inundation.
(By-laws of 4-7-79, Art. 55)
36.2 District Delineation. The floodplain district is herein established as an overlay district and includes all special flood hazard areas designated as Zone A and Zones A-1 to A-30 on the Millbury Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps dated January 7, 2000, on file with the Town Clerk, the Planning Board, and the Building Inspector. These maps, as well as the accompanying Millbury Flood Insurance Study are incorporated herein by reference. Within Zone A, where the base flood elevation is not provided on the FIRM, the Building Inspector shall obtain and review existing base flood elevation data. If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this zoning
by-law. (By-laws of 4-7-79, Art. 55)
In Zone A, and AE, along watercourses that have not had 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.
(Bylaws 6-8-2004 A.T.M. Art. 43)
Base flood elevation data is required for subdivision proposals or other developments greater than 50 dwelling units or 5 acres, whichever is the lesser, within the unnumbered A zones. (Bylaws 6-8-2004 A.T.M. Art. 43)
36.3 Usages Within a Floodplain District. 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 (780 CMR 3107.0 “Flood
Resistant Construction” as amended)
Wetlands Protection Regulations, Department of Environmental Protection (310 CMR 10.00 as amended)
Inland Wetlands Restriction, Department of Environmental Protection
(302 CMR 6.00 as amended)
Coastal Wetlands Restriction, Department of Environmental Protection (302 CMR 4.00 as amended)
Minimum Requirements for Subsurface Disposal of Sanitary Sewage,
Department of Environmental Protection (310 CMR 15 Titale 5, as amended)
(Bylaws 6-8-2004 A.T.M. Art. 43)
In the floodplain district no new buildings shall be erected or constructed except by Special Permit from the Special Permit granting authority, nor shall existing buildings be enlarged or moved except as hereinafter provided. No dumping, filling, or earth transfer or relocation shall be permitted, and no land or building shall be used for any purpose except:
(1) Conservation of water, plants, and wildlife:
(2) Outdoor recreation, including play areas, nature study, boating, fishing, and hunting where otherwise legally permitted, but excluding buildings and structures;
(3) Wildlife management areas, foot, bicycle, and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of any water course;
(4) Grazing and farming, including truck gardening and harvesting of crops;
(5) Forestry and nurseries;
(6) Temporary non-residential structures used in connection with fishing or growing, harvesting, storage or sale of crops raised on the premises;
(7) Maintenance, repair, reconstruction, and additions of up to fifty percent (50%) of market value of buildings lawfully existing prior to the adoption of these provisions;
(8) Installation of driveways of minimum size necessary to serve areas outside the floodplain district, where other access is not feasible, provided no change in grade exceeds one foot vertically.
In addition, the following uses are specifically prohibited and may not be allowed by Special Permit:
(1) The storage or disposal of any soil, loam, peat, sand, gravel, rock, or other mineral substance, refuse, trash, rubbish, debris, or dredged spoil;
(2) Draining, excavation, or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock, or other mineral substance, except as accessory to work permitted as of right or by special permit;
(3) The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals;
(4) The storage or disposal of hazardous wastes, as defined by the hazardous waste regulations promulgated by the hazardous waste board, the water resources commission, and the division of water pollution control, under the provisions of Sections 27(8), 52, 57, and 58 of Chapter 21 of the General Laws.
The portion of any lot within the area delineated in 36.2 above may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated. (By-laws of 4-7-79, Art. 55; By-laws of 4-5-80, Art. 75)
In a riverine situation, the applicant shall provide evidence that they have notified
the following when any alteration or relocation of a watercourse is proposed:
The Chief Executive Officers and Conservation Commissions of
all adjacent towns (CityAuburn, Grafton, CityplaceOxford, Sutton, Worcester)
PlaceNameNFIP PlaceTypeState Coordinator, StateplaceMass. Office of Water Resources
NFIP Program Specialist, FEMA Region I
(Bylaws 6-8-2004 A.T.M. Art. 43)
36.4 Special Permits. The special permit granting authority may consider and issue a special permit for uses, other than those occurring in the floodway, deviating from the regulations set forth in these by-laws only upon:
(1) A showing of good and sufficient cause, and;
(2) A determination that the construction of a structure will be in conformance with the state building code (specifically those sections dealing with construction in floodplains) and will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws.
The special permit granting authority may require such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public or the occupants of the proposed use, or of the floodplain district.
The special permit granting authority shall provide notice of any hearings hereunder to the planning board, the board of health, and the conservation commission, and shall maintain a record of all special permit actions, including justification for their issuance and report such special permits in the annual report submitted to the federal insurance administration. (By-laws of 4-7-79, Art. 55; By-laws of 4-5-80, Art. 75)
36.5 Disclaimer of Liability. This zoning by-law does not imply that land outside the areas of the floodplain district or uses permitted within such district will be free from flooding or flood damage. This by-law shall not create liability on the part of the Town of CityplaceMillbury or by any official thereof for any flood damage that may result from reliance upon this by-law or any administrative decision lawfully made thereunder. (By-laws of 4-7-79, Art. 55)
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