Taunton City Zoning Code
ARTICLE XIII
Floodplain Overlay District
§ 440-1301 Purpose.
The purpose of this article is to:
A.
Ensure public safety through reducing the threats to life and personal injury.
B.
Eliminate new hazards to emergency response officials.
C.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
D.
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.
E.
Eliminate costs associated with the response and cleanup of flooding conditions.
F.
Reduce damage to public and private property resulting from flooding waters.
§ 440-1302 Dimensional requirements.
Subject to special restrictions of this article, the dimensional, area, location, height, etc., requirements of the underlying district shall apply.
§ 440-1303 Definitions.
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 the 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 aboveground, 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 § 60.3[1] is presumed to be in violation until such time as that documentation is provided (US Code of Federal Regulations, Title 44, Part 59).
§ 440-1304 Existing structures and uses.
The provisions of Article V hereof shall apply to buildings, structures, and uses legally in existence prior to the effective date of this article, but any expansion or alteration of an existing building or structure which amounts to a substantial improvement or reconstruction shall be subject to the provisions of this article. Substantial improvement or reconstruction is defined by the State Building Code.
§ 440-1305 Residential development.
All residential subdivisions requiring approval under MGL c. 41, the Subdivision Control Law, and located either partially or entirely within a special flood hazard district or floodplain district as defined in this article shall be laid out as a cluster development according to § 440-1401 of this chapter. This requirement may be waived by a two-thirds vote of the Planning Board if it is determined to the satisfaction of the Board that the proposed cluster development as opposed to a conventional subdivision does not further the purposes as stated in § 440-1301.
§ 440-1306 Floodplain Overlay District.
A.
The Floodplain Overlay District. established by this chapter, and all uses and buildings permitted in the underlying district shall be permitted in the Floodplain Overlay District, subject to the provisions and restrictions of this article, except that no mobile homes shall be permitted in the Floodplain Overlay District and that any excavation, fill, grading, mining, dredging, or paving shall be subject to a permit.
B.
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Taunton designated as Zone A and AE on the Bristol County Flood Insurance Rate Maps (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 1% chance base flood elevations shown on the FIRM and further defined by the Bristol Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the City of Taunton Engineering Office.
C.
Any building or other construction within a floodplain overlay district shall comply with the FEMA regulations for a floodplain overlay district.
D.
Permits are required for all proposed development in the Floodplain Overlay District. 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.
E.
Assure that all necessary permits are obtained. The City's permit review process includes the requirement that the proponent obtain 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 demonstrate that all necessary permits have been acquired.
F.
Floodway encroachment.
(1)
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.
(2)
In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County's FIRM, 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.
G.
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 and 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.
H.
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.
I.
In a riverine situation, the City of Taunton Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
K.
New construction or substantial reconstruction on lots where a floodplain overlay district encroaches shall show on the permit plan the limits of said flood zone along with its base flood elevation. Upon completion, an elevation certificate (FEMA Form 086-0-33, or latest version), properly completed, sealed and signed, must be submitted along with the as-built site plan, before a certificate of occupancy is issued.
L.
If the City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the City 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:
M.
Variances to building code floodplain standards. The City 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 City 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.
N.
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.
O.
Recreational vehicles. In 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.
§ 440-1308 Administrator.
The City hereby designates the position of City Engineer to be the official floodplain administrator.
§ 440-1309 Disclaimer of liability.
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
§ 440-1310 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.
§ 440-1311 Abrogation and greater restrictions.
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over an less restrictive conflicting local laws, ordinances or codes.