Articles 20 & 21

Article 20: Municipal Charges LienTo see if the Town will vote to adopt the provisions of Massachusetts General Laws Chapter 40 Section 58, which authorizes the Town to place a lien on real property located within the Town for unpaid municipal charges and fees; and to authorize the Town to place such a municipal charges lien on real property for the following unpaid charges and fees: payments required as a condition of any special permit, variance, license, site assignment, site plan review, or other land use approval that is issued by any board, commission, committee, or officer of the Town, including but not limited to unpaid peer review charges, or take any action in relation thereto.

Article 21 - Amendment to Amend Section 15.2: Floodplain District of the Twon's Zoningi Bylaw: To see if the town will vote to delete Section 15.2 Floodplain District of the Town’s Zoning Bylaw in its entirety and replace the language as follows, or take any action in relation thereto:

15.2.    Floodplain District

15.2.1. Purpose. The purpose of the Floodplain Overlay District 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.

The Floodplain District is herein established as an overlay district effective in all districts. The uses permitted in the underlying district are allowed provided that they meet the following additional requirements.

15.2.2. District Boundaries. The Floodplain District is herein established as an overlay district.  The District includes all special flood hazard areas within Dunstable designated as Zone A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) dated July 8, 2025 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 Middlesex County Flood Insurance Study (FIS) report dated July 8, 2025.  The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Building Inspector.

15.2.3 Designation of community Floodplain Administrator. The Town of Dunstable hereby designates the position of Building Inspector to be the official floodplain administrator for the Town.

15.2.4. Development Regulations. The following requirements apply in the Floodplain District:

1. All development in the district, 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 ("The Wetlands Protection Act") and with the following:

1. Sections of the Massachusetts State Building Code which address floodplain and coastal high hazard areas (as of the effective date of this section, 780
2. CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");
3. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (as of the effective date of this section, 310 CMR 10.00);
4. Inland Wetlands Restriction, DEP (as of the effective date of this section, 310 CMR 13.00);
5. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (as of the effective date of this section, 310 CMR 15, Title
6. The Dunstable Wetlands Protection Bylaw.

1. Permits Required. The Town of Dunstable requires a special permit issued by the Planning Board 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.

The town’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, prior to the commencement of work.  The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

1. Floodway encroachment. 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.

In Zone AE, alongwatercourses that havea regulatory floodway designated onthe Middlesex County FIRMs, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it had 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.

1. 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.

1. Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

1. Such proposals minimize flood damage.
2. Public utilities and facilities are located and constructed so as to minimize flood damage.
3. Adequate drainage is provided.

When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

1. Construction of ways. Construction of ways, public or private, and whether or not subject to Subdivision Control, shall be reviewed to determine whether such development will be reasonably safe from flooding. If any part of a subdivision proposal or other new development involving a way is located within the Floodplain District established under this Section, it shall be designed to assure that:

1. the proposal is designed consistent with the need to minimize flood damage; and
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and
3. adequate drainage systems shall be provided to reduce exposure to flood hazards; and
4. all other requirements of this Section 15.2. are met.

The requirements of this subsection shall be enforced by the Planning Board in collaboration with the Building Inspector, as to subdivisions, or by the Building Inspector, as to other development.

1. Water and sewer facilities. All proposed water and sewer facilities to be located in the Floodplain District established under this Section shall be reviewed by the Board of Health for the following determination and certification:

1. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; and
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

1. Recreational vehicles. In A and 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.

1. Watercourse alterations or relocations in riverine areas. In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:

• Adjacent Communities, especially upstream and downstream
• Bordering States, if affected
• NFIP State Coordinator (Massachusetts Department of Conservation and Recreation,
• NFIP Program Specialist, Federal Emergency Management Agency, Region I

1. Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.)  Notification shall be submitted to:

• NFIP State Coordinator, Massachusetts Department of Conservation and Recreation
• NFIP Program Specialist, Federal Emergency Management Agency, Region I

1. Variances. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the following variance procedures:

1. Variances to State Building Code:

• The Town 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 Town  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.

1. Variances to the Floodplain District:

• 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.

• Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

1. Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
    
2. Severability. If any section, provision or portion of this bylaw [ordinance] is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

15.2.5. Definitions. Definitions included in this Floodplain Bylaw shall not apply to any other section of the Zoning Bylaw.

1. Development. 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]

1. Floodway. 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]

1. Functionally Dependent Use. 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]

1. Highest Adjacent Grade. 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]

1. Historic Structure. Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 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;
3. 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
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior or
2. Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

1. New Construction. 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]

1. Recreational Vehicle. A vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. 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]

1. Regulatory Floodway. See Floodway.

1. Special Flood Hazard Area. 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]

1. Start of Construction. 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]

1. Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, athletic courts, tents, antennae of all types, artificial pools. The term structure shall be construed to include the words “or portion thereof”.  For floodplain 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. [US Code of Federal Regulations, Title 44, Part 59]

• Substantial Repair of a Foundation. 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]

1. Variance. A grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

• Violation. The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]