Medfield City Zoning Code
ARTICLE 10
Floodplain District
§ 300-10.1 Purpose.
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 Flood-plain 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.
D.
Ensure public safety through reducing the threats to life and personal injury.
E.
Eliminate new hazards to emergency response officials.
F.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
G.
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.
H.
Eliminate costs associated with the response and cleanup of flooding conditions.
I.
Reduce damage to public and private property resulting from flooding waters.
§ 300-10.2 Floodplain Overlay District boundary.
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Medfield designated as Zone A, AE, AH, AO, or A99 on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall 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 Planning Board.
§ 300-10.3 Floodplain Administrator.
The Town hereby designates the position of Town Administrator (or their designee) to be the official floodplain administrator for the Town of Medfield.
§ 300-10.4 Definitions relating to floodplain zoning.
Means 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]
Means 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]
Means 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]
Means 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]
Means 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, or AH [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]
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. [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]
Means a grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Title 44 CFR § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
§ 300-10.5 Applicability.
A.
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.
B.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's/City's FIRM Map encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway 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.
C.
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.
D.
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
E.
Subdivision proposals: All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
F.
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.
G.
Recreational vehicles. In A, A1-30, AH, and AE 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.
§ 300-10.6 Permitted uses.
A permit is required 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.
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.
(3)
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.
§ 300-10.7 Application for special permit.
A.
Any person desiring a special permit for any use set out in § 300-10.6A 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.
B.
Copies of the application for special permit to the Board of Appeals with accompanying plans shall also be sent to the Building Commissioner, 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.
§ 300-10.8 Issuance of special permits.
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 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.
(2)
That because of the location, elevation or for other reasons, there will be no danger of pollution to public or on-site water facilities.
(3)
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.
(4)
That the methods of drainage are adequate.
(5)
That other land in the Floodplain District is nevertheless protected against diminution of value as a result of the proposed use of the premises.
(6)
The proposed project, and its construction, will be consistent with the Conservation Commission's decision.
B.
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.
C.
No certificate of occupancy shall be issued until the Board of Appeals, the Building Inspector, the Board of Health, and the Conservation Commission 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.
§ 300-10.9 Obligation of applicant.
A.
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.
B.
Medfield'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.
§ 300-10.10 Variances.
A.
If the State issues variances to the flood-resistant standards as found in the State Building Code, 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. 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.
B.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
C.
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.
D.
Requirement to submit new technical data.
(1)
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:
E.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
§ 300-10.11 Limits of authority.
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.
§ 300-10.12 Abrogation and greater restriction section.
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
§ 300-10.13 Disclaimer of liability.
The degree of flood protection required by this Bylaw is considered reasonable but does not imply total flood protection.
§ 300-10.14 Severability section.
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.