SECTION 8.0 SPECIAL DISTRICTS
8.1 FLOOD PLAIN OVERLAY DISTRICT (FPOD)
8.1.1 Purpose. The purpose of the Flood Plain Overlay District (FPOD) is to:
1. Ensure public safety through reducing the threats to life and personal injury;
2. Eliminate new hazards to emergency response officials;
3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
4. 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;
5. Eliminate costs associated with the response and cleanup of flooding conditions;
6. Reduce damage to public and private property resulting from flooding waters.
8.1.2 Existing Regulations. All development on the district including structural and non-structural activities whether permitted by right or by Special Permit must be in compliance with the following:
1. 780 CMR, of the Massachusetts State Building Code which addresses flood plain and coastal high hazard areas;
2. 3l0 CMR l0.00, Wetlands Protection Regulations, Department of Environmental Protection (DEP);
3. 302 CMR 6.00, Inland Wetlands Restriction, (DEP);
4. 3l0 CMR l5, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, (DEP);
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.
8.1.3 Definitions.
Area of special flood hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, AL-30, AE, or A99.
Base flood means the flood having a one percent chance of being equaled or exceeded on any given year.
Development 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.
District means Flood Plain Overlay District.
Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
Flood hazard boundary map (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood have been designed as Zone A.
Flood insurance rate map (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study means an examination, evaluation and determination of flood hazards, and, if appropriate, corresponding water surface elevations.
Flood way means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
Lowest floor means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles.
Manufactured home park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community.
One-hundred-year-flood - see Base Flood.
Regulatory flood way - see Flood way.
Special flood hazard area means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AL-30, AE, A99, AH.
Structure means, for flood plain 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.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
Zone A means the l00-year flood plain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
Zone A1-A30 and Zone AE means the l00-year flood plain where the base flood elevation has been determined.
Zone AH and AO means the l00-year flood plain with flood plain depth of l to 3 feet.
Zone A99 means areas to be protected from the l00-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
8.1.4 FPOD Boundaries and Base Flood Elevation Data. The FPOD is herein established as an overlay district. The FPOD includes all special flood hazard areas designated on the Becket Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) (select whichever map FEMA has issued for the community) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP dated August 27, l990 as Zone A, AE, AH, AO, AL-30, A99, which indicate the l00-year regulatory flood plain. The exact boundaries of the district may be defined by the l00-year base flood elevations shown on the FIRM or FHBM and further defined by the Flood Insurance Study booklet dated August 27, l990. The FIRM and FHBM and Flood Insurance Study booklet are incorporated and are on file with the Town
Clerk, Planning Board, Building Official, and Conservation Commission.
1. In Zone A, the best available Federal, State, Local or other flood way data shall be used to prohibit encroachment in flood ways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge in Zone AL-30 and AE, along water courses, no new construction, substantial improvement, or other development shall be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood.
8.1.5 Use Regulations. All development, including structural and non-structural activities, whether permitted by right or by Special Permit must be in compliance with G. L. c. 131 § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in flood plains (currently Section 2l02). The following uses of low flood damage potential and causing no obstructions to flood flows are permitted if allowed in the underlying district and they do not require structures, fill, or storage of materials or equipment:
1. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;
2. Forestry and nursery uses;
3. Outdoor recreational uses, including fishing, boating, play areas, etc.;
4. Conservation of water, plants, wildlife;
5. Wildlife management areas, foot, bicycle and/or horse paths;
6. Temporary non-residential structures used in connecting with fishing, growing, harvesting, storage, or sale of crops raised on the premises;
7. Buildings lawfully existing prior to the adoption of these provisions.
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