X. ESTABLISHMENT OF FLOODPLAIN, WATER RESOURCES PROTECTION, AND HISTORIC DISTRICTS
- Overlay Districts
- The floodplain and historic districts and water resources protection districts are hereby established as "overlay" districts. These districts are overlaid upon other zoning districts, and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district.
- The boundaries of the various overlay districts are provided on the Zoning Map and on the Plan of Water Resources Protection Districts dated November 14, 1994, attached hereto as Exhibit Al.
- Floodplain Protection Districts
- All those lands within Devens shown as within the floodplain on the flood insurance rate maps ("FIRMS") adopted by the Towns as of the effective date of the By-Laws as such FIRMs may be amended, are made a part of the floodplain protection district for Devens. Such district shall include all areas in Devens at or below 1OMSL and all special flood hazard areas designated on the FIRMs.
- Whenever an application is made for a Development Permit on a lot of land, a portion of which lies within a floodplain protection district boundary, the Commission shall require the applicant to provide as part of such application a plan, certified by a registered land surveyor, of the lot showing the location of the floodplain protection district boundary.
- Water Resources Protection Districts
The Devens water resources protection districts together comprise an overlay district established over the entire Devens Regional Enterprise Zone to protect the water quality of all surface and groundwater resources, as further described in Article XI of the By-Laws.
- Historic Districts
- The Commission is empowered by the Act to exercise the powers of a historic district commission, as provided in G.L. c. 40 C.
- In relation to any Development Permit application involving proposed building alterations or new construction within a historic district, the Commission shall establish in the Regulations procedures for the issuance of certificates of appropriateness, certificates of non-applicability, and certificates of hardship, as provided in the provisions of G.L. c. 40 C section 1.
- In determining the type of certificate to issue to an applicant, the Commission shall consider, among other things, the following:
a. historical and architectural value and significance of the building or structure;
b. the general design arrangement, texture, material, and color of the features involved in the proposed work; and
c. the relation of the proposed work to the surrounding area.
- The Commission's procedures for reviewing, approving, or denying projects within or otherwise affecting a historic district shall be incorporated into the unified permitting procedure established under Article III hereof.
- The Commission shall recognize historic districts or buildings on the federal or state registers of historic buildings and shall enforce the regulations applicable to such historic districts or buildings.