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River Zoning Bylaw_Ware_4_7_09.PVPCWARE RIVER PROTECTION AND FLOODPLAIN ZONING 1. Ware River Protection and Floodplain District Purposes. The purposes of the Ware River Protection and Floodplain District are to: Protect public water supplies in the Town of Palmer along the Ware River; Protect life, public safety and property from flooding hazards; Preserve the natural flood control and flood storage characteristics of the floodplain; Promote the preservation of agricultural lands along the Ware River; Prevent any alterations to the natural flow of the river; Protect fisheries and wildlife habitat within and along the Ware River; Control erosion and siltation; Enhance and preserve existing scenic or environmentally sensitive areas along the shoreline; Conserve shore cover and encourage well-designed developments; Prevent water pollution caused by erosion, sedimentation, nutrient or pesticide run-off, and poorly sited waste disposal facilities. Preserve and maintain the groundwater table and water recharge areas within the floodplain. Maintain the wild and scenic qualities of the Ware River . District Delineation 1. The Ware River Protection and Floodplain Zoning District is herein established as an overlay district and includes: All special flood hazard areas designated as Zone A or Zones A1-30 on the Palmer Flood Insurance Rate Maps (FIRM) for the Ware River, dated ___________, on file with the Town Clerk, and hereby made a part of this By-Law; The riverfront area, as defined in MGL Chapter 131, section 40 and this bylaw, including all land situated between a river’s mean annual high water line and a parallel line located two hundred (200) feet away, measured horizontally, along the entire length of the Ware River within the Town of Palmer, except for designated Densely Developed Areas in Thorndike Village, which are subject to a riverfront area which includes all land situated between the river’s mean annual high water line and a parallel line located twenty-five (25) feet away, in accordance with MGL Chapter 131, section 40. 2. The boundaries of the Ware River Protection and Floodplain District shall be determined by scaling distances on the Flood Insurance Rate Map. When interpretation is needed as to the exact location of the boundaries of a District, the Building Inspector shall make the necessary interpretation. Definitions Animal Feedlots: A confined, fenced area designed for intensive feeding of livestock; Buffer: A strip of land, measured landward from the riverbank, which must be left in its natural, vegetated condition. Erosion and Sediment Control BMPs: Practices for controlling construction-related soil erosion and sediment including, but not limited to, staked hay bales, filter fences, hydro-seeding and phased development. Mean Annual High-Water Line: With respect to a river, the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and which distinguishes between predominantly aquatic and predominantly terrestrial land. Natural Riverbank Best Management Practices: Practices for riverbank maintenance which promote habitat creation and restoration and treatment and infiltration of stormwater runoff including, but not limited to, native vegetation, soil stabilization matting and geotextiles, and dormant live woody brush layers, fascines and stakes, but not including rock riprap. River: A natural flowing body of water that empties to any ocean, lake, or other river and which flows throughout the year. Riverfront Area: That area of land situated between a river’s mean annual high-water line and a parallel line located two hundred feet away, measured outward horizontally from the river’s mean annual high-water line. Development Regulations All development within the Ware River Protection and Floodplain District, including structural and non-structural activities, whether permitted as a right or by Special Permit must be in compliance with the Massachusetts River Protection Act and the Massachusetts Wetlands Protection Act, (MGL Ch131 s40), and with the requirements of the Massachusetts State Building Code pertaining to construction in the Flood Plain (currently Section 744). All utilities shall meet the following standards: (i) ALL new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (ii) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters. (iii)New on-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding and shall be located no less than 150 feet from the riverbank. Replacement of existing on-site waste disposal systems shall be located as far away from the riverbank as is feasible. Use Regulations Permitted Uses The following uses in the Ware River Protection and Floodplain District of low flood damage potential and causing no obstruction to flood flows shall be permitted, provided they do not require structures, fill, or storage of material or equipment except as specifically allowed below: Agricultural uses such as farming, grazing, and horticulture, including barns or farm-related structures. Forestry uses. Outdoor recreational uses, including fishing, boating, play areas and foot, bicycle or horse paths. Conservation of water, plants, and wildlife. Wildlife management areas. Buildings lawfully existing prior to the adoption of these provisions. Public parking or staging area for recreational uses, including but not limited to fishing or canoe launch areas. Prohibited Uses No altering, dumping, filling, or removal of riverine materials or dredging is permitted. Maintenance of the riverbank may be done under requirements of MGL Ch 131s 40, and any other applicable laws, by-laws, and regulations, and must be done using natural riverbank best management practices. No impoundments, dams, or other water obstructions may be located within the District. Commercial or industrial uses are prohibited in the district, except for uses specifically allowed by Special Permit in Section 4 of this bylaw.. Parking or storage of vehicles, trailers or equipment within 200 feet of the riverbank is prohibited. The Special Permit Granting Authority may consider whether a variance from this prohibition is warranted, where a hardship exists due to lot size or configuration. Dumping of trash, garbage or other materials on or near the riverbank is prohibited. Construction of any kind on slopes of greater than 25% within the district is prohibited. No discharge of pollutants directly to the Ware River or its tributaries is permitted. No logging roads may be located within the river or riverbank areas, as defined in the Massachusetts Wetlands Protection Act. All other uses not specifically permitted or allowed by site plan approval within the overlay zone are prohibited. Restricted Uses All forest cutting of any size shall require the filing of a Forest Cutting Plan in accordance with the Massachusetts Forest Cutting Practices Act (MGL Ch l32s 40-46). All forest cutting plans shall require a licensed forester to file the plan and oversee the cutting work. No cutting of forest or vegetation shall occur within fifty (50) feet of the river bank. In the area between fifty (50) and one hundred (100) feet from the river bank, no more than 50% of existing forest shall be cut. Exempted from the requirements in this section are: the cutting or management of state-listed invasive species; installation of wildlife habitat; management of flow obstructions; removal of nuisance vegetation (i.e. dangerous or hazardous); removal of flood debris; or riverbank restoration activities permitted by the Conservation Commission. In considering whether forest or vegetation cutting shall be permitted, the Planning Board shall consider the following guidelines: Forest or vegetation cutting shall conserve woody habitat along riverfront areas that is important to fish and wildlife; Stream flow obstructions which are dangerous to boaters shall be removed, but other woody debris which is not dangerous should be left for fish habitat. Fenced animal grazing areas must be located at least fifty feet from the riverbank, with a naturally vegetated fifty-foot buffer strip along the river to reduce runoff to the river, and a fence to prevent animals from encroaching on the buffer strip. Uses by Special Permit Except for those uses permitted by right in Section E-1, no structure or building in the Ware River Protection and Floodplain District shall be erected, constructed, substantially improved, reconstructed, or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a Special Permit is granted by the Planning Board. The following uses may be allowed by Special Permit in accordance with the Special Permit regulations of this Zoning By-Law, and additional restriction and criteria contained herein: Single family residences. Residential accessory uses including garages, driveways, private roads, utility rights-of-way and on-site waste-water disposal systems. Home-based businesses, mixed commercial/residential use structures, and other small-scale commercial uses with are compatible with riverfront areas; Enlargement or alteration of an existing structure, provided that the addition is no more than 25% larger than the footprint of the structure that existed at the time of the adoption of this bylaw. Animal feedlots, in conformance with Conservation Practice Standards established by the Natural Resource Conservation Service (NRCS). Commercial and industrial uses in areas zoned VC IV Thorndike Village CE, VC II Three Rivers Village and Neighborhood Business, provided that such development is consistent with the purposes of this bylaw, meets all other applicable provisions of this bylaw, and will not result in alteration, filling or removal of existing vegetative cover within 25 feet of the river’s mean annual high water line. Special Permit Requirements in the Ware River Protection and Floodplain District All uses allowed by Special Permit in the Ware River Protection and Floodplain District must meet the following requirements: Within Zone A 1-30, where base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data. These data will be reviewed by the Building Inspector for their reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building Code. No encroachments (including fill, new construction, substantial improvements to existing structures, or other development shall be allowed unless it is demonstrated by the applicant that the proposed development, as a result of compensating actions, will not result in any increase in flood levels during the occurrence of a 100-year flood in accordance with the Federal Emergency Management Agency's regulation for the National Flood Insurance Program. Construction on slopes of 10-25% within the district, shall require the preparation and submittal of an erosion and sediment control plan, describing best management practices which will be employed to prevent construction-related impacts to river water quality. The proposed use shall comply in all respects to the provisions of the underlying District in which the land is located. The Board may specify such additional requirements and conditions as it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use. Within 10 days of the receipt of the application the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health and Building Inspector. Final action shall not be taken until reports have been received from the above Boards or until thirty-five (35) days have elapsed. A buffer strip extending at least two hundred (200) feet in depth, to be measured landward from each bank of the Ware River shall be required for all lots within the Ware River Protection and Floodplain District. In the VC IV Thorndike Village CE, VC II Three Rivers Village and Neighborhood Business Zones, this buffer strip may be reduced to 25 feet for commercial and industrial uses. If any lot, existing at the time of adoption of this By-Law, does not contain sufficient depth, measured landward from the river bank, to provide a two hundred (200) foot buffer strip, the buffer strip, may be reduced to 50% of the available lot depth, measured landward from the river bank. For purposes of this By-Law, the river bank shall be defined as the river's seasonal high water mark. The buffer strip shall include trees and shall be kept in a natural condition. On-site wastewater disposal systems shall be located as far from the Ware River as is feasible. Special Permit Criteria In addition to the Special Permit Procedures in Section _____, in order to issue a Special Permit, the Planning Board must find that the proposed use is compliant with the following provisions: Not create increased flood hazards which are detrimental to the public health, safety and welfare; Comply in all respects to the provisions of the underlying District or Districts within which the land is located; Comply with all applicable State and Federal laws, including the Massachusetts Wetlands Protection Act (MGL Ch 131 s40); Be situated in a portion of the site that will conserve riverfront vegetation and the integrity of the buffer strip, and maximize open space retention; Be integrated into the existing landscape through features such as vegetative buffers and through retention of the natural shorelines; Not result in water pollution, erosion or sedimentation; Minimize obstruction of scenic views from publicly accessible locations; Preserve unique natural and historical features; Minimize tree, vegetation and soil removal and grade changes. Note: The following may be redundant with other section of Palmer Zoning Bylaw: Nonconforming Uses Any lawful use, building, structures, premises, land or parts thereof existing at the effective date of this By-Law or amendments thereof and not in conformance with the provisions of this By-Law shall be considered to be a nonconforming use. Any existing use or structure may continue and may be maintained, repaired, and improved, but in no event made larger. Any nonconforming structure which is destroyed may be rebuilt on the same location but no larger than its overall original square footage. Enforcement and Penalties a. Violations Any development activity that has commenced or is conducted contrary to this bylaw may be restrained by injunction or otherwise abated in a manner provided by law. Notice of Violation When the Planning Board determines that an activity is not being carried out in accordance with the requirements of this bylaw, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: the name and address of the owner applicant; the address when available or the description of the building, structure, or land upon which the violation is occurring; a statement specifying the nature of the violation; a description of the remedial measures necessary to bring the development activity into compliance with this Bylaw and a time schedule for the completion of such remedial action; a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. c. Stop Work Orders Persons receiving a notice of violations will be required to halt all construction activities. This “stop work order” will be in effect until the ________________ confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Ordinance. d. Criminal and Civil Penalties Any person who violates any provision of this ordinance, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine, payable to the town, not to exceed $300.00 for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction. e. Non-Criminal Disposition As an alternative to criminal prosecution or civil action, the Town of Palmer may elect to utilize the non-criminal disposition procedure set forth in the town bylaws. The __________ shall be the enforcing entity. The penalty for the 1st violation shall be up to $100. The penalty for the 2nd violation shall be up to $200. The penalty for the 3rd and subsequent violations shall be $ 300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. f. Restoration of Lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the _______________ may take necessary corrective action. 8. Severability The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof.