See definitions of flood plain zone designations in ARTICLE V of this SECTION.
A. The installation of underground systems for the storage of petroleum products (including but not limited to oil, gasoline, kerosene, and any hazardous materials) shall be prohibited in the 100 year flood plain (Zones A, AO, AH, A1-30, A99, V and V1-30 on the Flood Insurance Rate Maps 250006-0005, prepared by the National Flood Insurance Program for the Town of Eastham). Storage system shall mean storage tank and all supply lines between storage tank and burner. Underground shall mean under the surface of the earth or under pavement, including cement floors of cellars or basements. Storage systems may be located in basements or cellars provided they are on or above the paved floor of the cellar or basement.
B. Any new construction, alteration of structures or other development which is removed from the A or V zones by subsequent flood insurance map amendments shall only have to meet the requirements of its new zone designation.
C. All subdivision proposals and other proposed new developments greater than fifty (50) lots or five (5) acres whichever is the lesser shall include in such proposals base flood elevation data.
D. Subdivision proposals and proposals for other developments, including their utilities and drainage, are located and designed to be consistent with the need to minimize flood damage.
ARTICLE I -- STATEMENT OF PURPOSE, EXISTING REGULATIONS
SECTION A. -- STATEMENT OF PURPOSE
The purposes of the Floodplain District are 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.
7. Facilitate accurate insurance ratings and promote the awareness of flood insurance.
SECTION B. -- EXISTING REGULATIONS
All development in the district including structural and non-structural activities whether permitted by right or by special permit must be in compliance with the following:
- 780 CMR 3107.0, of the Massachusetts Building Code which addresses floodplain and coastal high hazard areas.
- 310 CMR 10.0, Wetlands Protection Regulations, Department of Environmental Protection (DEP).
- 302 CMR 6.00, Inland Wetlands Restriction, DEP
- 302 CMR 4.00, Coastal Wetlands Restriction, DEP
- 310 CMR 15, 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.
ARTICLE II. -- FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION DATA
SECTION A. -- FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION DATA
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Town of Eastham Flood Insurance Rate Map (FIRM) issued by FEMA (successor to the U.S. Department of Housing and Urban Development, HUD) for the administration of the NFIP dated July 2, 1992 as Zone A, AE, AH, A1-30, A99, V, V1-30, VE, and if available the FEMA Flood Boundary and Floodway Map dated July 2, 1992, both maps which indicate the 100-year regulatory floodplain. The boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance study booklet dated July 3, 1986. The FIRM (and Flood Boundary and Floodway Map if available) and Flood Insurance Study booklet are incorporated herein by
reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission.
ARTICLE III -- USE REGULATIONS
Flood plain District I is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code pertaining to construction in floodplains (currently Section 2102). Additionally any required federal permits must be obtained prior to the issuance of a development permit in the Flood plain District as follows:
1. Within Zones AH and AO on the FIRM, require adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
2. Prohibit man-made alteration of sand dunes and salt marshes within Zones V1-30, VE, and V which would increase potential flood damage.
3. Provide that all new construction within Zones V1-30, VE and V be located landward of the reach of mean high tide.
4. Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
5. There shall be established a “routing procedure” which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Department of Public Works, Building Inspector, Board of Appeals and Fire Department for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.
6. The Building Inspector shall (a) review all proposed development within the flood district to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution and Control Act Amendments of 1972, U.S.C. 1334, and (b) obtain and maintain records of elevation and floodproofing levels for new construction or substantial alteration within the flood district.
ARTICLE IV. -- PERMITTED USES
The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and comply with other requirements:
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 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.