Wrentham City Zoning Code
ARTICLE XVI
Floodplain District
§ 390-16.1 Purpose.
The purposes of this district (in addition to those enumerated elsewhere in this Zoning Bylaw) are:
A.
To provide that lands in the Town of Wrentham subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health, safety, or welfare of the occupants thereof, or of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.
B.
To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the Town.
C.
To assure the continuation of the natural flow pattern of the watercourses within the Town, in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.
§ 390-16.2 District delineation.
A.
The Floodplain District delineations are established by elevations of area subject to inundation by one-hundred-year frequency floods, as delineated by the Federal Emergency Management Agency (FEMA).
B.
The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Wrentham designated as Zone A and AE on the Norfolk County Flood Insurance Rate Map (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 Wrentham are panel numbers 25021C0312E, 25021C0314E, 25021C0316E, 25021C0317E, 25021C0318E, 25021C0319E, 25021C0323C, 25021C0324E, 25021C0333E, 25021C0336E, 25021C0337E, 25021C0338E, 25021C0339E, and 25021C0341E, dated July 17, 2012. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 17, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board/Conservation Commission and Building Inspector. The Floodplain District also includes all that land along any named or unnamed water body or watercourse for a horizontal distance of 50 feet from the permanent or seasonal banks thereof, except as otherwise defined on the Flood Insurance Rate Maps.
C.
Within Zone A, where the one-hundred-year flood elevation is not provided on the FIRM, the developer/applicant shall obtain any existing flood elevation data and it shall be reviewed by the Building Inspector.
§ 390-16.3 Use regulations.
A.
The Floodplain District is established as an overlay district to all other zoning districts.
(1)
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:
(a)
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high-hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
(2)
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.
B.
The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed as a matter of right, provided they are permitted in the underlying district and they do not require structures, fill, or storage or materials or equipment:
(1)
Agricultural uses such as farming, grazing and horticulture;
(2)
Forestry and nursery uses;
(3)
Outdoor recreational uses, including fishing, boating and play areas;
(4)
Conservation of water, plants and wildlife;
(5)
Wildlife management areas, foot, bicycle, and/or horse paths;
(6)
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;
(7)
Buildings lawfully existing prior to the adoption of these provisions.
C.
D.
The following uses may be allowed by special permit, subject to the requirements of § 390-16.4:
(1)
Municipal, county, or state parks;
(2)
Forestry management;
(3)
Wells or other structures necessary for proper functioning of the municipal or private water supplies;
(4)
Public utilities;
(5)
Improvement or repair of any structure, in existence at the time of adoption of this article of the bylaws, which is in excess of 50% of the market value of the structure; said market value to be determined by the Board of Assessors;
(6)
In case of fire, natural catastrophe, or total rehabilitation to structures existing in the Floodplain District prior to the adoption of these provisions, said structure may be rebuilt to the original size;
(7)
Construction and maintenance of dams and other water control devices;
(8)
Roadways, driveways and walkways ancillary to uses otherwise permitted in this section.
§ 390-16.4 Planning Board review and action.
The Planning Board may issue a special permit for the uses described in § 390-16.3D. In the Floodplain District, no structure or building shall be erected, constructed, substantially improved, or otherwise created or moved, and no earth or other materials may be dumped, filled, excavated, or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder (subject to the other applicable provisions of this bylaw) only if the application complies with the following provisions:
A.
The proposed use shall comply in all respects with the provisions of the underlying zoning district; and shall be reviewed by the Conservation Commission, Board of Health and Building Inspector. Within 10 days of the receipt of the application, the Planning Board shall transmit one copy of the development plan to each of the above-named boards. The Planning Board shall take no final action until reports have been received from the above boards or until 35 days have elapsed;
B.
In Zone AE, along watercourses within the Town of Wrentham that have a regulatory floodway designated on the Norfolk County FIRM, encroachments, including fill, new construction, substantial improvements to existing structures, and other development in the floodway, 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; and
C.
The Planning 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.
E.
In a riverine situation, the Wrentham Conservation Commission or its designee shall notify the following of any alteration or relocation of a watercourse:
F.
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
G.
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.