Stated local purpose for flood resistant standards.

The purpose of this Floodplain and Watershed Protection District is to protect the health and safety of persons against the hazards of flooding, to conserve the value of land and buildings, to facilitate the adequate provision of a water supply through preservation and maintenance of the groundwater table, to protect and to preserve the marshes, bogs, ponds and watercourses and their adjoining wetlands, to encourage the most appropriate use of wetlands, to encourage the most appropriate use of the land and to preserve and increase the amenities of the Town.

Meeting these goals requires the Town to ensure public safety through reducing the threats to life and personal injury, eliminate new hazards to emergency response officials, prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding, 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, eliminate costs associated with the response and cleanup of flooding conditions, and reduce damage to public and private property resulting from flooding waters.

This section does not grant any property rights; it does not authorize any person to trespass, infringe upon or injure the property of another; it does not excuse any person of the necessity of complying with other sections of this bylaw or other applicable laws, regulations or bylaws.

Use of FEMA maps and supporting studies.

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Plympton designated as Zone A, AE, AH, AO, A99, V, or VE on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 6, 2021, 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 one-percent-chance base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 6, 2021, and are shown on the Zoning District Map of the Town of Plympton. The district may include land outside of the FEMA special hazard flood areas. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

The Floodplain District is established as an overlay district to all other districts. 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:

Abrogation and greater restriction section.

A Floodplain and Watershed Protection District shall be considered to be superimposed over any other district established by this bylaw.

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

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.

Designation of community Floodplain Administrator. The Town of Plympton hereby designates the position of Conservation Agent of the Plympton Conservation Commission to be the official Floodplain Administrator for the Town.

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: FEMA Region I Risk Analysis Branch Chief, 99 High St., 6th floor, Boston, MA 02110.

And copy of notification to: Massachusetts NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

Variances to building code floodplain standards.

Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 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.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

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 nonfinancial 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.

Permits are required for all proposed development in the Floodplain Overlay District.

The Town of Plympton 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.

Permitted uses. Subject to the special conditions of this section, land in a Floodplain and Watershed Protection District may be used for any purpose otherwise permitted in the underlying district, except that no building or other structure shall be constructed except duck blinds or structures necessary for the cultivation of cranberries, agricultural or forestry uses, propagation of fish or any municipal recreational or conservation project.

Prohibited uses. No dumping, filling, storage, transfer, dredging or removal of any material which will reduce the natural water storage capacity of land or will interfere with the natural flow of water shall be permitted.

Uses by special permit. If any land in the Floodplain and Watershed Protection District is found by the Board of Appeals not, in fact, to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions, the Board of Appeals may grant a special permit for the use of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district, providing such use will not endanger the health or safety of the occupants thereof.

Assure that all necessary permits are obtained.

Plympton'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.

Site plan. Whenever an application is made for a building permit on land which the Building Inspector believes may involve the use of land in the Floodplain and Watershed Protection District, s/he shall require the applicant for such permit to provide as part of such application a plan of the lot on which such building is intended to be built showing elevations above mean sea level at two-foot contour levels indicating the benchmarks used and certified by a registered land surveyor.

Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

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.

Unnumbered A Zones. 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.

Floodway encroachment.

In Zones A, A1-30, AE, and X 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.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Plymouth County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Watercourse alterations or relocations in riverine areas. Notification of watercourse alteration. In a riverine situation, the Conservation Agent of the Plympton Conservation Commission shall notify the following of any alteration or relocation of a watercourse:

AO and AH zones drainage requirements. 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.

Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V 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.

GPD Type I: areas identified as stratified drift expected to have transmissivities greater than 10,000 gallons per day per foot and well yields greater than 100 gallons per minute when mapped using U.S. Geological Survey methods; and/or areas where a combination of hydraulic conductivity in the saturated overburden materials and groundwater gradient will generate an expected groundwater seepage velocity in the overburden of more than 14 feet per day. GPD (Aquifer) Type I shall also include areas of the Town from which groundwater and surface water flow to major water supplies. These areas are based on the surface watershed boundary of Silver Lake and the groundwater contours sloping to the lake mapped in the report "Silver Lake Hydrological and Land Use Study," Pilgrim Area Resource Conservation and Development Council, 1988.

GPD Type II: areas identified as stratified drift expected to have transmissivities between zero and 10,000 gallons per day per foot and well yields between zero and 100 gallons per minute when mapped using U.S. Geological Survey methods; and/or areas of till and shallow bedrock with little or no stratified drift where a combination of the hydraulic conductivity in the saturated overburden materials and the groundwater gradient will generate an expected groundwater seepage velocity in the overburden of more than five feet per day.

GPD Type III: any portion of the Town that does not qualify as GPD Type I or II and/or areas of till and bedrock with little or no stratified drift and expected to have very low transmissivities and small well yields when mapped using U.S. Geological Survey methods; and where a combination of the hydraulic conductivity in the saturated overburden materials and the groundwater gradient will generate an expected groundwater seepage velocity in the overburden of less than five feet per day.

The Groundwater Protection Districts (GPD) include lands within the Town of Plympton which are encompassed by the areas designated on the maps entitled "Groundwater Protection Overlay Districts, Town of Plympton," dated March 25, 1991, and drawn to a scale of one inch equals 400 feet, which maps also show the lot lines of the land according to the Assessor's maps, and which are intended to include aquifer areas.

The boundaries of the Groundwater Protection Districts are established by the vote of Town Meeting, and these boundary lines can only be changed or moved by the vote of Town Meeting. If there is dispute as to the proper location of these lines with respect to the field geologic conditions on any parcel, the owner of that parcel may seek an advisory opinion from the special permit granting authority (the Planning Board) as to the suitability of petitioning Town Meeting for a relocation of boundary lines, based on newly defined relocation of boundary lines, based on newly defined geologic conditions established by competent professional opinion. If so requested by the owner, the SPGA shall employ the services of competent professionals such as hydrogeologists or soil scientists, all at the expense of the petitioner, to investigate field conditions with regard to the respective GPD Type I, II or III as described in Subsection C, Definitions of districts. The evidence so produced shall be maintained in the records of the Town by the SPGA and shall be produced, along with any other pertinent evidence, whenever the issue of location of or redelineation of the boundary of a GPD comes before the Town Meeting.

Subject to the requirements of the table in Section F hereof, the following uses are permitted within the Groundwater Protection Districts, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

Unless specifically prohibited by Subsection F hereafter, or unless a special permit is required for a conditional use under Subsection F, the uses permitted by the underlying zoning either as a matter of right or under a special permit shall continue to be permitted or allowed in the Groundwater Protection Districts, to the extent the same are permitted in the underlying zoning district.

In addition to the requirements of the MGL c. 40A, § 9, and the rules and regulations of the SPGA, the following additional requirements shall apply:

The applicant may request in writing a waiver of any of the foregoing requirements in Subsection G(1) hereof, which request shall be communicated by the SPGA, within three business days of its receipt, to the Board of Health and the Conservation Commission (hereinafter, the "advisory bodies"). Unless the SPGA or one of the advisory bodies communicates its decision to require the materials sought to be waived within 30 days of the making of such request, the waiver may be granted by the SPGA.

The SPGA shall provide copies of the application and all other submittals of the applicant, within three business days of filing, to the advisory bodies for their recommendations. A public hearing on the application for a special permit may not be held prior to 35 days following the filing of the application.

In addition to any other requirements and conditions for granting a special permit, the SPGA, with respect to any application for a special permit in a GPD, shall make a finding that:

All reports of any of the advisory bodies, whether favorable or unfavorable, shall be retained in the official files of the SPGA regarding the related application for a special permit and shall be made available to the public.

In addition to the foregoing procedures for special permits, the SPGA may from time to time establish regulations dealing with materials required for submission, and the concerns which form the basis for decisions regarding special permit applications.

Special permits shall be granted subject not only to designs approved by the SPGA and as submitted by the applicant, but also subject to performance requirements and a requirement that all designs function as intended.

At the discretion of the SPGA, a suitable professional (civil engineer/hydrogeologist) may be hired to review all data and conclusions about impacts on the groundwater as submitted by the petitioner. The cost for this professional review shall be reimbursed by the petitioner to the SPGA.

To the extent feasible, all service providers shall co-locate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year prior) technically practicable.

New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot accommodate the wireless communications equipment planned for the proposed tower.

Location.

Tower height shall not exceed 120 feet above the existing terrain.

Setbacks; fall zone.

No more than one such tower is permitted per lot.

Accessory structures housing support equipment for towers shall not exceed 2,400 square feet in size and 15 feet in height, and shall be subject to site plan approval.

To the extent feasible, all network interconnections from the communications site shall be via land lines.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

The tower shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including tower design and painting and lighting standards.

Traffic associated with the maintenance of the tower and accessory facilities and structures shall not adversely affect abutting ways.

Applicants proposing to erect wireless communications towers, accessory facilities and structures on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Plympton to conduct wireless communications services on municipally owned property.

Any proposed extension in the height, addition of cells, antennas or panels, construction of a new facility, or replacement of a facility shall be the subject of a new application for an amendment to the special permit.

Installation on existing buildings or structures shall be camouflaged or screened and designed to be harmonious and architecturally compatible with the building or structure. Any equipment associated with the facility shall be located within the building or structure to the extent feasible.

No facility shall project more than five feet above the existing roof line of the building or structure, or more than five feet out from the plane of the existing wall or facade to which it is affixed, provided such projections do not otherwise violate existing yard dimension or setback requirements.

Any proposed addition of cells, antennas or panels or replacement of a facility which required a special permit shall be the subject of a new application for an amendment to the special permit.

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose;

Towers used for the purpose set forth in MGL c. 40A, § 3;

Satellite dishes and antennas for residential use.