Cohasset City Zoning Code
ARTICLE 9
Other Land Use Regulations
§ 300-9.1 Land alteration.
[Amended 6-16-2020 ATM by Art. 9; 12-13-2021 STM by Art. 7; 12-9-2024 STM by Art. 13]
A.
Purpose and intent.
(1)
To promote land development and site planning practices which are responsive to character of Cohasset's unique, ledge-based topography without preventing the reasonable development of land. This land alteration article regulates (i) clearing activities, (ii) earth removal associated with land development, and (iii) exposed ledge face alteration associated with land development.
(2)
This land alteration article is in addition to and works with the (i) Cohasset's Wetlands Bylaw (General Bylaws, Part II, Chapter 260), whose purpose is to protect wetlands, related water resources, and adjoining land areas and the (ii) Stormwater Management Bylaw (General Bylaws, Part II, Chapter 223), whose purpose is to prevent and reduce existing and future flooding, protect water quality, increase groundwater recharge, reduce erosion and sedimentation, and promote environmentally sensitive site design practices.
B. CLEARING DEVELOPED/IMPROVED LOT EARTH REMOVAL EXPOSED LEDGE FACE GARAGE (ATTACHED/DETACHED) GRADE CHANGE PRIMARY STRUCTURE UNDEVELOPED/UNIMPROVED LOT
Definitions:
The complete removal of trees four inches in diameter or greater, measured at five feet above existing grade. Percent of lot area will be measured by square feet of disturbed earth from clearing activities divided by total square feet of the lot.
A lot or site that has previously been altered from its natural state by the addition of still-existing, structures or-buildings or that has previously undergone Clearing for the purpose of adding to still-existing structures or buildings.
The extraction, removal and alteration of materials, including soil, loam, sand, gravel, or stone. It also includes the excavation of, chipping of, other alteration of or removal of exposed ledge face.
Any portion of rock formation lying above pre-construction grade at any given point, and subsurface rock formation extending 15 feet laterally from the exposed area.
For purposes of the section, a garage is deemed attached to the primary structure hereunder if it is incorporated within the structure of the primary structure or is attached by at least one wall to the primary structure. A detached garage is one completely separate from the primary structure or attached solely by an open or enclosed breezeway, hallway or bridge. It is deemed an accessory structure.
Alteration of the surface, level or elevation of the ground, from the grade and elevation of a lot or site prior to the development proposed, caused by removal, addition or shifting of earthen material.
On a residential lot, the house. On a commercial lot, the main building from which the commercial activity is operated.
A lot or site 1) that has not been altered from its natural state, or 2) if developed in the past, that no longer has any structures or buildings upon it (but which may still have a fence or stone wall), or 3) which was cleared for agricultural use.
C.
Activities subject to special permit. The following land alteration activities will require a special permit from the Planning Board:
(1)
Clearing in excess of the thresholds set forth below;
(2)
Earth removal in excess of the limits set forth below;
(3)
Removal or alteration of exposed ledge face in excess of the limits set forth below:
(a)
Any grade changes subject to regulation under the Stormwater Management Bylaw (General Bylaws, Part II, Chapter 223) shall be solely regulated by the Stormwater Management Bylaw and any permit or approval issued thereunder. Any grade changes not subject to regulation in excess of the limits set forth below will be subject to a special permit from the Planning Board under this bylaw.
D.
Clearing thresholds.
(1)
On any lot in the OS District, clearing of the lot is prohibited unless necessary for permitted or pre-existing use.
(3)
There shall be no further clearing, or application to approve clearing, beyond the above thresholds, for those undeveloped/unimproved lots transitioned to developed/improved lots for a period of 10 years following the close-out of a land alteration special permit.
(5)
When residential developed/improved lots are subdivided or reconfigured into multiple lots for redevelopment, Clearing activity is not permitted in excess of 70% of lot area in the RA, RB and RC Districts.
E.
Grade change limits. If the proposed grade changes are not regulated by the Stormwater Management Bylaw (General Bylaws, Part II, Chapter 223), the following change in grade will be subject to a special permit of the Planning Board: in any District, a change in grade of 10% or more between pre-construction and proposed post-construction grade, with adequate provision for stormwater runoff and management.
F.
Limits on earth removal and removal or alteration of exposed ledge face.
(1)
All activities that involve earth removal or removal or alteration of exposed ledge face must obtain a land alteration special permit from the Planning Board, unless such removal will constitute an exempt operation as hereinafter provided. For illustrative purposes, a special permit will be required for the excavation and construction of a structure or an accessory building to the principal use of the lot such as, but not limited to, fences, sheds, barns, patios, athletic courts, detached garages, pools, walkways and driveways. If a special permit is granted, the quantity volume (in cubic yards) of material removed at the surface and below grade shall not exceed that required to build the permitted accessory structures.
(2)
Where feasible, the Planning Board may accept alteration of exposed ledge face in one area of a lot if non-exposed ledge elsewhere on the same lot can be exposed on a 1:1 ratio and present a similar aesthetic impact to the public or property owner that the altered area provides.
(3)
Where blasting of ledge is permitted by the Fire Department, and notwithstanding that the activity may be deemed by the Fire Department to be exempt hereunder, the permittee or applicant shall notify the Building Inspector of any proposed blasting before it commences, to ensure compliance with this section.
G.
Exemptions.
(1)
Clearing exemptions. The following activities are exempt from having to obtain a special permit for clearing, in all districts:
(a)
Routine maintenance or removal of hazardous trees (a tree with a structural defect or disease).
(b)
Temporary work relative to emergency storm events or emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), including situations that pose an immediate danger to life and/or property.
(c)
Activities conducted in accordance with Forest Stewardship Plan approved by the Massachusetts Department of Conservation and Recreation.
(d)
Construction and maintenance of public and private streets and utilities within Town-approved roadway layouts and easements or in connection with a subdivision approved in accordance with the Town's Subdivision Rules and Regulations.
(e)
Exploratory work associated with the siting of a new or replacement sewage disposal system, and which is otherwise being monitored by the appropriate Town boards and departments having jurisdiction.
(f)
Agricultural activities in existence on December 13, 2021, work conducted with approved Natural Resource Conservation Service Agricultural Plan or agricultural uses on parcels of land of more than five acres as specified in MGL c. 40A, § 3.
(g)
Work conducted in accordance with any prior and still-valid earth removal or building permit issued pursuant to the predecessor version of this section or other sections of the Cohasset Zoning Bylaw.
(2)
Earth Removal and Exposed Ledge Face Removal/Alteration Exemptions. The following activities are exempt from an earth removal or ledge face removal alteration special permit hereunder:
(a)
The transfer of soil, loam, sand, gravel, or stone from one part of the lot to another part of the same lot.
(b)
The removal of soil, loam, sand, gravel, or stone from land in use by the Town or other governmental agency.
(c)
Where earth removal is necessarily excavated in connection with the lawful construction of a primary structure, sewer system, other utilities, and/or garage (but only if connected to the primary structure as defined above), provided that the volume (in cubic yards) of material removed at the surface and below grade does not exceed the volume required to build the foundation and basement of the primary structure, sewer system, utility.
H.
Application, review and decision.
(1)
No land alteration activities regulated herein shall begin prior to issuance of building permit by the Town, without the issuance of a special permit by the Planning Board as provided herein, and/or issuance of a Stormwater Bylaw permit by the Conservation Commission per General Bylaws, Part II, Chapter 223, if required.
(2)
All applications for a special permit hereunder, and the review of and decision regarding same, shall follow the provisions of § 300-12.5 of the Zoning Bylaws and the Subdivision Rules and Regulations process as are applicable. The Planning Board may adopt regulations to supplement this bylaw with specific filing requirements.
(3)
The Planning Board may require a performance guarantee in a form acceptable to it to cover the costs associated with compliance with this article in the same manner and on the same conditions as are applicable to performance guarantees related to subdivision projects.
(4)
When a special permit application is submitted to the Planning Board hereunder, the Open Space and Recreation Committee shall also be notified, and it may submit comments within 14 days of receipt.
§ 300-9.2 Residential Cluster Development District.
[Added 4-4-1981 by Art. 26; amended 4-8-1985 by Art. 33; 4-7-1986 by Art. 39; 4-4-1987 by Art. 20; 4-28-2014 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 28]
A. CLUSTER DEVELOPMENT COMMON OPEN SPACE HOMEOWNERS' ASSOCIATION MULTIFAMILY WETLANDS
Definitions. As used in this section, the following terms shall have the meanings indicated:
An option which permits an applicant to build single-family (and multifamily) dwellings with reduced lot area and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land.
A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a residential cluster development, maintained and preserved for open uses, and designed and intended for the use or enjoyment of residents of the residential cluster development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the residential cluster development, but shall not include streets or parking areas except those incidental to open space uses.
A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common.
(For the purpose of this section only.) Attached dwelling units or buildings designed for or occupied by two or more families.
Area characterized by vegetation described in MGL c. 131, § 40.
B.
Purpose. In addition to purposes set out in MGL c. 40A and the local zoning, the Planning Board may grant a special permit for cluster development in the Residence B and Residence C Districts upon the following terms and conditions:
(1)
To encourage the more efficient use of land in harmony with its natural features;
(2)
To encourage creativity in the design of developments through a carefully controlled process;
(3)
To encourage a less sprawling form of development, a shorter network of streets and utilities, more economical development of land with less consumption of open space;
(4)
To permanently preserve natural topography and wooded areas within development areas and to preserve usable open space and recreation facilities close to homes;
(5)
To provide an efficient procedure to ensure appropriate high-quality design and site planning to enhance the neighborhoods in which they occur and to the Town as a whole;
(6)
To promote diverse and energy-efficient housing at a variety of costs.
C.
Procedures.
(1)
Filing of application. Each application for a special permit to cluster shall be filed with the Planning Board, with a copy filed forthwith with the Town Clerk, and shall be accompanied by eight copies of a preliminary plan of the entire tract under consideration, prepared by a professional architect, engineer, and landscape architect.
(2)
Contents of application. Said application and plan shall be prepared in accordance with requirements for a preliminary subdivision plan in the rules and regulations of the Planning Board governing subdivision of land, whether or not the development constitutes a subdivision, and shall include proposed location, bulk, and height of all proposed buildings. In addition, the applicant shall provide the following information:
(a)
The number of dwellings which could be constructed under this bylaw by means of a conventional development plan, considering the whole tract, exclusive of water bodies and land prohibited from development by legally enforceable restrictions, easements, or covenants. (Note: If areas such as wetlands, floodplains, or steep slopes are not counted in figuring the number of permissible units, the applicant should be required to exclude those areas in making his calculations.)
(b)
An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year flood, trees over eight inches diameter, and such other natural features as the Planning Board may request.
(c)
A summary of the environment concerns relating to the proposed plan.
(d)
A description of the neighborhood in which the tract lies, including utilities and other public facilities, and the impact of the proposed plan upon them.
(e)
Evaluation of the open land proposed within the cluster, with respect to size, shape, location, natural resource value and accessibility by residents of the Town or of the cluster.
(f)
Design characteristics shall be stated in the application and shall include, but not be limited to, building material, architectural design, streets, site and building landscaping.
(3)
Review of other boards. Before acting upon the application, the Board shall submit it with the plan to the following boards, which may review it jointly or separately: the Board of Public Health, the Design Review Board, the Conservation Commission, and other boards the Planning Board may deem appropriate. Any such board or agency to which petitions are referred for review shall submit such recommendations as it deems appropriate to the Planning Board. Failure to make recommendations within 20 days of receipt shall be deemed lack of opposition.
(4)
Definitive residential cluster development plans. After the opportunity for review by other boards has taken place, the applicant shall submit to the Planning Board in accordance with MGL c. 41, §§ 81K to 81GG, eight definitive plans and other plans heretofore mentioned within 10 days of the expiration of the previous 20 days as set forth in herein.
(5)
Public hearing. The Planning Board shall hold a hearing under this section, in conformity with the provisions of MGL c. 40A, § 9, and of the Zoning Bylaw and regulations of the Planning Board. The hearing shall be held within 65 days after filing of the application and preliminary plans with the Board and the Clerk. Notice shall be given by publication and posting and by first-class mailings to "parties in interest" as defined in MGL c. 40A, § 11. The decision of the Board, and any extension, modification, or renewal thereof, shall be filed with the Board and Clerk within 90 days following the closing of the public hearing. Failure of the Board to act within 90 days shall be deemed a grant of the permit applied for. Issuance of the permit requires a two-thirds vote of all members of boards over five members, four members of a five-member board, and unanimous vote of a three-member board.
(6)
Relation to subdivision control act. A special permit issued hereunder by the Planning Board shall not be a substitute for compliance with the Planning Board rules and regulations or the Subdivision Control Act. The Planning Board, by granting a special permit, is not obliged to approve any definitive plan nor reduce any time periods for the Board's consideration under the Subdivision Control Act. However, in order to facilitate processing, the Planning Board may accept a combined plan and application which shall satisfy this section, the Planning Board rules and regulations, and the Subdivision Control Act.
D.
Uses. The permitted uses in the residential cluster development may include single-family homes on separate lots and/or multiple-family homes together with open space.
E.
Minimum dimensional requirements.
(1)
The area of the tract to be developed shall not be less than 10 acres in a Residence B or Residence C District.
(2)
Every building shall be limited to 35 feet in height.
(3)
Minimum width of open land between any group of lots and adjacent property shall be 30 feet and between each group of clustered buildings shall be 30 feet.
F.
Lots.
(1)
The number of building lots and/or the number of buildings to be constructed within the parcel may not exceed the number of building lots of said parcel under this bylaw. The applicant shall furnish plans to identify the number of lots which could be created on said parcel under this bylaw without such permit.
(2)
Each building lot shall contain a site which, subject to approval by the Board of Public Health, may be suitable for an on-site septic disposal system, or has adequate provision for sewering.
(3)
Each lot shall be of a size and shape as shall provide a building site which shall be in harmony with the natural terrain and other features of the tract.
(4)
The front, side, and rear yards of each lot shall be shown on said plan by dashed lines indicating the area within which a building may be built.
(5)
If the tract falls within two zones, the area requirement for the larger zone shall be used.
G.
Design standards.
(1)
The housing shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of natural features and amenities of the site and the surrounding areas.
(2)
The housing shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(3)
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways.
(4)
Individual buildings shall be related but not identical to each other in design, mass, material, placement, and connection to provide a visually and physically integrated development. Rigidity in design shall be avoided by variation in building locations, landscaping, structural coverage, building materials, floor area, and cost.
(5)
Treatment of the sides and rear of all buildings within the development shall be comparable in amenities and appearance to the treatment given to street frontage of these same buildings.
(6)
All buildings shall be arranged so as to preserve visual and audible privacy between adjacent buildings.
(7)
Multifamily dwelling units cannot exceed 30% of the units in a residential cluster development.
(8)
The architectural theme of a multifamily dwelling shall be carried out by use of compatible building materials, color, exterior detailing, bulk, and/or rooflines. Rigidity in design shall be avoided by variations in building, location, planting, lot coverage, and building materials.
(9)
No dwelling unit in any building of two or more dwelling units shall be designed, constructed, or altered to have more than two bedrooms. For the purposes of this provision, each room in excess of four rooms, exclusive of bathrooms, closets, or other small service rooms of less than 48 square feet, shall be considered a bedroom.
H.
Landscape design standards.
(1)
A maximum of 25% of the planned residential cluster development may be covered by impervious waterproof surface.
(2)
Whenever appropriate, existing trees and vegetation shall be preserved and integrated into the landscape design plan.
(3)
Whenever possible, the existing terrain shall be preserved and earthmoving shall be kept to a minimum.
(4)
For active recreation areas, the Planning Board may require a buffer zone of a minimum of 50 feet where said active recreation area adjoins land not part of the cluster residential area.
(5)
Suitable indigenous shrubs and other plant material may be used for screening. Lands used for buffer may be maintained as common open space or as private open space subject to a deed restriction.
I.
Parking and circulation design standards.
(1)
There shall be an adequate safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, and off-street parking.
(3)
Parking facilities shall be designed with careful regard to arrangement, topography, landscaping, ease of access and shall be developed as an integral part of an overall site design.
J.
Common open spaces.
(1)
Provision shall be made so that at least 45% of the land area shall be open land, and that the open land shall include all land not dedicated to parking, roads, or lots.
(2)
Areas which are considered by the Planning Board as marginal or unsuitable for building, such as floodplains, inaccessible wetland and water areas, steep slopes, highly erodible or poorly drained areas, and areas of very shallow bedrock or of very high water table, shall be included in the permanent open space, but no more than 25% of the required open space shall consist of such marginal or unbuildable areas.
(3)
Open spaces may be utilized as natural courses for disposal for storm drainage on the site. No conditions shall be allowed which are likely to cause erosion or flooding of any structures.
(4)
Such open space may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Planning Board and shall be within easy access to all residents of the residential cluster development.
K.
Ownership.
(1)
The open land and such other facilities as may be held in common shall be conveyed in one of the following manners, as determined by the Planning Board (In general, valuable natural resource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should be conveyed to the Town or to a trust, whereas land which will be principally used by the residents of the cluster should be conveyed to a homeowners' association.):
(a)
To a corporation or trust comprising a homeowners' association whose membership includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of Cohasset over such land pursuant to MGL c. 184, §§ 31 to 33, to insure that such land be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by MGL c. 184, § 33. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homeowners' association is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this article, the developer shall cause to be recorded at the Norfolk Registry of Deeds a declaration of covenants and restrictions which shall, at a minimum, provide for the following:
[1]
Mandatory membership in an established homeowners' association as a requirement of ownership of any lot in the tract;
[2]
Provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or the owner of any lot;
[3]
Provision which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law.
(b)
To a nonprofit organization, the principal purpose of which is the conservation of open space. The developer or charity shall grant a conservation restriction as set out in Subsection K(1)(a) above.
(c)
To the Conservation Commission of the Town for park or open space use, subject to the approval of the Select Board, with a trust clause insuring that it be maintained as open space.
(2)
Subject to the above, the open space may be used for recreational purposes, including golf courses, riding trails, tennis courts, gardens, and swimming pools. The Board may permit open land owned by a homeowners' association to be used for individual septic systems, or for communal septic systems if it and the Board of Public Health are convinced that proper legal safeguards exist for proper management of a communally owned system.
(3)
Common open space and driveways shall be owned and maintained by the homeowners' association.
L.
Further requirements.
(1)
No use other than residential or recreational shall be permitted, except that the Planning Board may authorize the use of a single unit at any one time as a model exclusively for the subject development and not as a sales unit.
(2)
No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown upon the plan.
(3)
No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Planning Board that the premises have been built in accordance with the plan approved by the Board hereunder.
(4)
The Planning Board may impose other conditions, safeguards, limitations on time and use pursuant to its regulations.
(5)
The Planning Board may grant a special permit hereunder for clustering if the developer conforms to the Subdivision Control Law.
(6)
Except insofar as the subdivision is given five years' protection under MGL c. 40A, § 6, the special permits granted under this section shall lapse within two years, excluding time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use has not sooner commenced or if construction has not begun, except that the Planning Board may grant an extension for good cause and shall grant an extension if the delay was caused by the need to seek other permits.
(7)
Subsequent to granting of the permit, the Planning Board may permit relocation of lot lines within the cluster. However, any change in overall density, street layout, or open space layout will require further hearings.
(8)
Except as specified in a special permit granted under this section, all requirements of the Zoning Bylaw shall be in full force and effect.
M.
Findings of Board.
(1)
The Board may grant a special permit under this section only if it finds that the applicant has demonstrated the following: that the cluster plan will be in harmony with the general purpose of the bylaw and the requirements of MGL c. 40A and the long-range plan of the Town (if any); that it will not have a detrimental impact on the neighborhood, will be designed with due consideration for health and safety, and is superior to a conventional plan in preserving open space, minimizing environmental disruption, allowing for more efficient provision of services, or allowing for greater variety in prices or types of housing.
(2)
In connection with issuing or denying a special permit under this section, the Planning Board shall issue to the applicant and shall file with the Town Clerk a written decision which shall include:
(3)
If the Planning Board disagrees with the recommendations of the Conservation Commission or the Board of Public Health, it shall state its reasons therefor in writing.
§ 300-9.3 Watershed Resource District.
[Added 4-7-1986 by Art. 39; amended 3-31-2001 by Art. 16; 3-29-2003 by Art. 21; 11-13-2007 by Art. 3; 4-28-2014 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 28]
A.
Purpose. The purpose of the Watershed Resource District is to:
(1)
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Cohasset; and
(2)
Preserve, protect, and maintain the existing and potential ground and surface water resources providing water supply for the Town of Cohasset; and
(3)
Conserve the natural resources of the Town of Cohasset; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Establishment of district. The Watershed Resource District is hereby established as an overlay district. The Watershed Resource District is delineated on the Zoning Map.
C. BANK DEPARTMENT ZONE A(1) (2) (3) (4) (5)
Definitions. For the purposes of this section of the bylaw, the following terms and words are given the meanings stated below:
The portion of land surface which normally abuts and confines a water body and which lies between a water body and a bordering vegetated wetland and adjacent floodplain, or in the absence of these features, it lies between a water body and an upland; the upper boundary of a bank is the first observable break in the slope or the mean annual flood level, whichever is lower; the lower boundary of a bank is the mean annual low flow level.
The Massachusetts Department of Environmental Protection.
Zone A means:
The land area between the surface of Lily Pond, the Aaron River Reservoir, and the tributaries or associated surface water bodies to Lily Pond and the Aaron River Reservoir, which include Bound Brook/Herring Brook, Aaron River, Peppermint Brook, and Brass Kettle Brook, and the upper boundary of the bank; and
The land area within a 400-foot lateral distance from the upper boundary of the banks of Lily Pond and the Aaron River Reservoir; and
The land area within a 200-foot lateral distance from the upper boundary of the banks of a tributary or associated surface water body to Lily Pond and the Aaron River Reservoir, which includes Aaron River, Peppermint Brook, Brass Kettle Brook, and Bound Brook/Herring Brook, excluding Bound Brook south of the Bound Brook Control Structure located on Beechwood Street.
The area of land described in Subsections (1),(2) and (3) immediately above is generally depicted on a map entitled "Zone A Delineation" prepared by the Norfolk Ram Group, LLC, dated March 2002 and which is on file with the Town Clerk. The Zone A areas shown on this map are provided to generally depict the above-noted limits of the Zone A areas around the protected waters, in relation to known parcels of land of record at the Cohasset Assessor's office. The specific Zone A limits as defined in Subsections (1), (2) and (3) immediately above (e.g., 200-foot or 400-foot lateral distances) shall control in all matters of interpretation of this map.
D.
Use regulations.
(1)
The Watershed Resource District shall be considered to be superimposed over any other district established in this bylaw. Land in the Watershed Resource District may be used for any use otherwise permitted in the underlying district, subject to the following limitations:
(a)
Prohibited uses. The following are prohibited:
[1]
Manufacture, storage, transport, or disposal of toxic or hazardous materials as a principal activity.
[2]
Sanitary landfill and other solid waste facilities, automotive graveyard, or other junkyard, municipal wastewater treatment facility, and road salt stockpile.
[3]
Auto service stations and automotive repair garages.
[4]
Underground storage of hazardous materials or petroleum substances.
[6]
[7]
Petroleum, fuel oils, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes established in the United States Office of Management and Budget publication, Standard Industrial Classification Manual, as amended.
[8]
Storage of liquid hazardous materials, as defined in MGL c. 21E, and liquid petroleum products, unless such storage is:
[a]
Above ground level; and
[b]
In an impervious surface; and
[c]
Either:
[i]
In container(s) within a building or in aboveground container(s);
[ii]
Outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater.
[10]
Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
[11]
Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.
[12]
Storage of animal manures, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate. The term "storage" as used in this subsection shall exclude land application of manure as fertilizer and the deposition of manure on the ground by farm animals and household pets.
[13]
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, septic systems or utility works.
[14]
Discharge to the ground of nonsanitary wastewater, including industrial and commercial process wastewater, except:
(b)
Prohibitions within Zone A of public drinking water supply. In addition to the uses prohibited in the Watershed Resource District pursuant to Subsection D(1)(a), the following uses are prohibited within Zone A:
[1]
All underground storage tanks;
[2]
All aboveground storage of liquid hazardous material as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:
[a]
Storage is incidental to:
[b]
Storage is within a building, either in container(s) or aboveground tank(s), or outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, or 110% of the combined storage capacity of any tanks connected by piping or any other means, whichever is greater, and all piping shall at a minimum have secondary containment. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in accordance with applicable state and local requirements;
(c)
[1]
The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;
[2]
Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with Title 5, 310 CMR 15.00, provided that the facility owner has received all necessary approvals from the Department, including without limitation permitting by the Department in accordance with 314 CMR 5.00, any requirement by the Department that the facility owner disinfect the effluent and any requirement by the Department that the facility provide a higher level of treatment prior to discharge;
[4]
Discharge by a public water system of waters incidental to water treatment processes;
(d)
(e)
Sand and gravel excavation operations;
(f)
Uncovered or uncontained storage of fertilizers; application of quick-release fertilizers or similar nutrient-containing soil additives;
(g)
Uncovered or uncontained storage of road or parking lot deicing and sanding materials;
(h)
Storage or disposal of snow or ice removed from highways and streets outside the Zone A that contains deicing chemicals;
(i)
Uncovered or uncontained storage of manure;
(j)
Junk and salvage operations;
(k)
Motor vehicle repair operations;
(l)
Cemeteries (human and animal) and mausoleums;
(n)
Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater; and
(o)
Commercial outdoor washing of vehicles, commercial car washes.
(2)
Uses and activities requiring a special permit. The following uses and activities are permitted in the Watershed Resource District, exclusive of the Zone A area, only upon the issuance of a special permit by the Zoning Board of Appeals ("the Board") under such conditions as the Board may require:
(a)
Storage of more than 600 gallons of home heating oils.
(b)
Those activities, not prohibited in Subsection D(1)(a) above, that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use or that require an EPA identification number. Such activities shall require a special permit to prevent contamination of groundwater.
(c)
On-site sewage disposal having an estimated sewage flow greater than 10,000 gallons per day regardless of lot size or greater than 600 gallons per day if within 500 feet of Lily Pond, Aaron River, Aaron River Reservoir, Peppermint Brook, or Brass Kettle Brook.
(d)
Except for single-family dwellings, on-site sewage disposal systems having an estimated sewage flow exceeding 60 gallons per day per 10,000 square feet of lot area, and single-family dwellings with on-site disposal systems having an estimated sewage flow exceeding 600 gallons per day.
(e)
Any use that will render impervious more than 40% or 2,500 square feet of any lot, whichever is greater. Any special permit for such use shall include the following conditions:
[1]
A system for groundwater recharge must be provided which does not degrade groundwater quality.
[2]
For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible.
[3]
For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination.
[4]
Any and all recharge areas shall be permanently maintained in full working order by the owner.
(f)
More than minor removal of existing trees and vegetation on more than 70% of a lot area.
§ 300-9.4 Floodplain and Watershed Protection Overlay District.
[Amended 3-7-1964 by Art. 20; 1-19-1976 by Art. 4; 1-19-1976 by Art. 40; 6-24-1986 by Art. 39; 3-25-2000 by Art. 31; 3-31-2001 by Art. 244-1-2006 by Art. 18; 5-12-2012; 5-21-2012 by Art. 27; 5-1-2017 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 20; 12-9-2024 STM by Art. 12; 5-12-2025 ATM by Art. 17]
(See 12/2/69 SS 1A; 3/7/72, Article 37; 5/5/75, Article 35)
A.
Purposes.
(1)
To protect persons and property from the hazards of flood and pollution.
(2)
To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve and protect the water supplies of the Town and adjacent towns.
(3)
To assure the continuation of the natural flow patterns of the watercourses within the Town in order to provide adequate and safe water storage and runoff capacity.
(4)
Ensure public safety through reducing the threats to life and personal injury.
(5)
Eliminate new hazards to emergency response officials.
(6)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
(7)
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.
(8)
Eliminate costs associated with the response and cleanup of flooding conditions.
(9)
Reduce damage to public and private property resulting from flooding waters.
B.
Location. The Floodplain and Watershed Protection District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Cohasset designated as Zone A, AE, AO, or VE on the Norfolk County Flood Insurance Rate Map (such map, hereinafter the "FIRM") issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Norfolk County FIRM that are wholly or partially within the Town of Cohasset are panel number 25021C118E dated July 17, 2012; panel numbers 25021C254F, 25021C256F, and 25021C258F dated July 6, 2021; and panel numbers 25021C113F, 25021C114G, 25021C251G, and 25021C252G dated on July 8, 2025. The exact boundaries of the district may be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector, Conservation Commission and Select Board.
C.
Relation to other districts. For the purpose of this bylaw the Floodplain and Watershed Protection District shall be considered as superimposed on the other districts shown on the Zoning Map and any building, structure, use, or land included within the Floodplain and Watershed Protection District shall also be deemed to be within the particular district or districts in which it is located, as shown on the Zoning Map, and shall be subject to all the restrictions and regulations of said particular district or districts in addition to those set forth in this article.
D.
Boundaries. The location of the boundary lines of the Floodplain and Watershed Protection District as shown on the Floodplain and Watershed Protection Map shall be determined in the same manner as hereinbefore set forth in § 300-3.3 for determining the location of boundary lines of the districts shown on the Zoning Map.
E.
Allowed uses. In the Floodplain and Watershed Protection District the following uses are permitted as a matter of right:
(1)
Conservation of soil, water, plants, and wildlife (including wildlife shelters).
(2)
Proper operation and maintenance of dams and other water control devices for public water supplies, agricultural, recreational, flood control, or maintenance purposes, or for the propagation of fish or shellfish.
(3)
Outdoor recreation including, but not necessarily limited to, boating, golfing, fishing, hunting, nature study, and bicycle and horseback riding (including establishment and maintenance of paths therefor).
(4)
Fishing, shell fishing, forestry, grazing, farming, gardening, nurseries, truck gardening, and harvesting of crops including, but not limited to, such crops as cranberries, marsh hay, seaweed, sea moss, berries, fruits, and seeds.
(5)
Salt marsh ditch maintenance under governmental authority for mosquito control.
(6)
The creation, construction, alteration, enlargement, maintenance and proper use of dams, reservoirs, water control structures, remedial replacement septic systems of the same capacity as any preexisting septic systems on the same lot or parcel, water treatment storage, pumping and transmission facilities together with appropriate incidental structures, offices, and buildings and works for public water supply purposes and under the control and management of any federal, state, or municipal agency, all as may be permitted by general or special laws of the Commonwealth of Massachusetts and notwithstanding the fact that any of the same may temporarily or permanently alter the water level, the nature of flood storage capacity, and the natural flow of water within the district.
(7)
Public parks and incidental recreation use.
(8)
Soil observation tests, percolation test, and other such tests, provided site is restored to original conditions.
F.
Special permit required.
(1)
In a Floodplain and Watershed Protection District, no building or structure shall be constructed, used, erected, altered, or otherwise placed or moved for any purpose, and no land shall be filled, excavated, or otherwise changed in grade, except as permitted by Subsection E above, Allowed uses, or pursuant to special permit therefor issued by the Zoning Board of Appeals as hereinafter provided.
(2)
Any application for such special permit shall be submitted to the Zoning Board of Appeals. The application, except as hereinafter provided, shall be accompanied by a plan of the premises in question, submitted in quadruplicate showing:
(a)
The boundaries and dimensions of the lot.
(b)
The location, dimensions, and elevations of existing and proposed structures, buildings, driveways, sewage disposal systems, and watercourses thereon;
(c)
The existing contours of the land at one-foot intervals referred to mean sea level datum certified by a registered professional engineer or land surveyor and any proposed changes therefrom; and
(d)
Such other information as is deemed necessary by the Zoning Board of Appeals to indicate the complete physical characteristics of the proposed construction and/or grading.
(3)
The Zoning Board of Appeals, upon written request prior to the submission of an application, may then or thereafter waive or modify the specifications for the plan which accompanies an application, provided that the plan as proposed in such request or accepted by the Board contains sufficient information to indicate the complete physical characteristics of the proposed construction and/or grading.
(4)
The Town of Cohasset requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
(5)
The Town of Cohasset's permit review process includes the use of a checklist of all local, state, and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits and must submit the completed checklist demonstrating that all necessary permits have been acquired.
G.
Special permit uses. In the Floodplain and Watershed Protection District the Zoning Board of Appeals may authorize by special permit, subject to such conditions as it may impose under Subsection I of this article, the following uses, or structures:
(1)
Footbridges and plank walk so long as the walking surfaces do not exceed 18 inches in width.
(2)
Public sewer facilities and public solid waste disposal areas, including structures incidental to said facilities.
(3)
Temporary storage of materials and/or equipment for a period or periods not to exceed 90 days in each instance.
(4)
Dams, excavations, or changes in watercourses to create ponds, pools, or private reservoirs for agriculture, fishing, wildlife, or recreational uses, drainage improvements and flood control, not otherwise permitted as a matter of right.
(5)
Nonresidential structures incidental to any of the uses allowed under Subsection E of this article, such as private boat docks; provided, however, that the same do not exceed 20 feet in height or 200 square feet in total ground coverage and that the water quality or natural drainage pattern of any watercourse is not adversely affected thereby.
(6)
The construction and maintenance of a driveway of minimum legal and practical width where alternative means of access from a public way are unavailable.
(7)
The installation and maintenance of underground utilities provided the area affected is restored substantially to its original condition; and
(8)
Any other construction, movement, or placement of a building or structure, filling, excavation, or changing in grade, provided that it is shown by affirmative evidence that:
(a)
The proposed structure or use is not subject to damage by flooding or waves, nor is the land unsuitable for the proposed structure or use because of drainage conditions.
(b)
If the land is subject to tidal action or adjacent to tidal waters, the proposed structure or use is not less than 10 feet above mean sea level.
(c)
The proposed construction, use and/or change in grade will not obstruct or divert flood flow or reduce natural flood storage capacity to the extent of substantially raising the high water level in the same or adjoining districts;
(d)
The proposed system of drainage and/or private sewage disposal will not cause pollution or otherwise endanger property or the public health; and
(e)
The proposed use of the land does not derogate substantially from the purposes of the Floodplain and Watershed Protection District as set forth above or the purposes of this bylaw.
H.
Reference to other boards. Within seven days after receipt of the application for a special permit under this article the Zoning Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans, to the Board of Public Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Zoning Board of Appeals. The Zoning Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Public Health, Planning Board, and the Conservation Commission or until said boards have allowed 35 days to elapse after receipt of such application without submission of a report.
I.
Conditions of permit. In granting a special permit under this article, the Zoning Board of Appeals shall impose conditions specially designed to safeguard the property, health, and safety of occupants of the premises and of other land, and to ensure conformity with the purposes of this section and this bylaw, which may include conditions as to:
(1)
Placement of building or structure.
(2)
Type of foundation.
(3)
Elevation of floors.
(4)
Method of anchoring building to foundations.
(5)
Design of drainage system and private sewage disposal system.
(6)
Area and depth of any excavation.
(7)
Area, depth, and composition of any fill.
(8)
Occupancy of building.
(9)
Certification of performance by a registered professional engineer or land surveyor.
J.
Lot area requirements. Where any portion of a lot lies within the Floodplain and Watershed Protection District, that portion may be used to satisfy the area and frontage requirements for the district in which the lot is situated; provided, however, that:
K.
Extension, enlargement, restoration, or alteration of nonconforming use. In the Floodplain and Watershed Protection District the Zoning Board of Appeals may authorize by special permit an extension, enlargement, restoration, or alteration of a nonconforming use of a building, structure, or land, provided that:
L.
General provisions.
(1)
In any area outside of the floodplain as shown on the Floodplain and Watershed Protection Map, or within unnumbered A Zones where the 1%-chance base flood elevation is not provided on the FIRM, the applicant for a special permit shall obtain any existing flood elevation data and it shall be reviewed by the Conservation Commission and the Building Inspector. If the data is sufficiently detailed and accurate in the opinion of the Conservation Commission and the Building Inspector, it shall be relied upon to require compliance with this bylaw and the State Building Code.
(a)
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
(2)
The Floodplain and Watershed Protection District is established as an overlay district, lying on all other districts.
(3)
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:
(4)
All encroachments along watercourses that have a regulatory floodway designated on the FIRM, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway, are prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(5)
Within the areas designated as coastal high-hazard areas (Zone V) within the Floodplain and Watershed Protection District, all new construction shall be located landward of the reach of the mean high tide.
(6)
Within Zone AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(7)
Alterations of sand dunes which would increase potential flood damage are prohibited.
(8)
All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
(9)
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
(10)
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.
(11)
In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
M.
Abrogation and greater restriction. The floodplain management regulations found in this Floodplain & Watershed Protection Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
N.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
O.
Severability. If any section, provision, or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
P.
Designation of a community floodplain administrator. The Town of Cohasset hereby designates the position of Building Inspector to be the official floodplain administrator for the Town.
Q.
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
R.
Variances to building code floodplain standards.
(1)
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
(2)
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
S.
Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law and may only be granted if: 1) good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
T.
Recreational vehicles. In A, AO, AE Zones, and VE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
U.
Definitions not found in the State Building Code.
(1)
National Flood Insurance Program (NFIP) definitions are found in Title 44 of the Code of Federal Regulations, § 59.1. The definitions below refer to their source; if the definition is from the MA building code, it is from the 9th Edition, which meets the minimum standards of the NFIP.
(2)
In order for the bylaw or ordinance to be clearly understood, it is necessary to define technical terms or key words. An understanding of these terms is a prerequisite to effective administration of the floodplain management bylaw or ordinance.
(3) DEVELOPMENT FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(a) (b) (c) (d) NEW CONSTRUCTION RECREATIONAL VEHICLE(a) (b) (c) (d) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(a) STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Per FEMA Region I, these additional definitions must be included in local bylaws or ordinances.
Any man-made 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 or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek 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 more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement [Referenced Standard ASCE 24-14]; provided, however, this term shall not be used to impose any requirement retroactively earlier than first publication of this zoning change in accordance with Massachusetts General Laws Chapter 40A.
A vehicle which is:
Built on a single chassis.
400 square feet or less when measured at the largest horizontal projection.
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
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. [US Code of Federal Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 of Title 44, Part 59 of US Code of Federal Regulations is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]