Dalton City Zoning Code
ARTICLE XV
Floodplain District Regulations
§ 350-86 Purpose.
The purposes of the Floodplain District are to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the floodplain, and to preserve and maintain the groundwater table and water recharge areas within the floodplain.
§ 350-87 Use regulations.
The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplain and with the standards of Section 60.3(d) of the Code of Federal Regulations (44 CFR 59 et seq.)
§ 350-88 Permitted uses.
The following uses of low flood damage potential and causing no obstruction to flood flows shall be allowed provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
A.
Agricultural uses such as farming, grazing, truck farming, horticulture, etc;
B.
Forestry and nursery uses;
C.
Outdoor recreational uses, including fishing, boating, play areas, etc.;
D.
Conservation of water, plants, wildlife;
E.
Wildlife management areas, foot, bicycle, and/or horse paths;
F.
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;
G.
Buildings lawfully existing prior to the adoption of these provisions.
§ 350-89 Special permits.
A.
Within the Floodplain District no structure or building shall be erected, constructed, substantially improved or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a special permit is granted by the Board of Appeals. Said Board may issue a special permit hereunder, subject to all other applicable provisions of this bylaw only in accordance with the following provisions:
(1)
The proposed use shall comply in all respects with the provisions of the underlying District;
(2)
Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Select Board and Inspector of Buildings. Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed;
(3)
All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
B.
The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.