Barre City Zoning Code
ARTICLE V
Overlay Districts
§ 140-12 Floodplain District.
[Added 9-5-1985 STM, Art. 2]
A.
Purpose. The purpose of the Floodplain District is to protect human life and property from the hazards of periodic flooding.
B.
District delineation.
(1)
The Floodplain District is delineated on Flood Insurance Rate Map (FIRM), dated June 15, 1982, as Zones A, A1-30 to indicate the one-hundred-year floodplain. The precise boundaries of the district are defined by the one-hundred-year flood elevations shown on the FIRM and further defined by the flood profiles contained in the Flood Insurance Study, dated December 15, 1981.
(2)
The floodway boundaries are delineated on the Flood Boundary Floodway Map (FBFM), and further defined by the Floodway Data Tables contained in the Flood Insurance Study.
(3)
The Town and property owners may appeal the flood levels to the Federal Emergency Management Agency by submitting evidence to FEMA for review.
C.
Floodplain management.
(1)
"Floodplain management" means the operation of an overall community program of corrective and preventive measures for reducing flood damage.
(2)
Flood control for the floodplain started in the early forties when a flood channel was dug through the floodplain, parallel to the Ware River, from South Barre to Barre Plains. The channel measured 100 feet wide, with banking of 20 feet or more, in height.
(3)
In 1958, the Barre Falls Dam was completed. A full-time engineer resides at the dam and monitors the water flow each day.
(4)
Additional flood control measure can be effected by the Metropolitan District Commission's Shaft No. 8, which intakes all spring excess water. This water is sent either to the Quabbin Reservoir or the Wachusetts Reservoir. The MDC monitors and regulates the water flow daily.
(5)
About one mile south of the Intake Shaft is the White Valley Dam. About two miles south of the Intake Shaft is the Barre Wool Combing Company Dam, presently owned by a hydroelectric company. Both dams check and harness water flow. The hydroelectric company controls and monitors water flow daily.
D.
Requirements. In the one-hundred-year floodplain [as delineated by the effective Flood Insurance Rate Map (FIRM)], the following are required:
[Amended 5-14-1990 ATM, Art. 30; 5-20-1991 ATM, Art. 43]
(1)
Proper anchoring of structures.
(2)
The use of construction materials and methods that will minimize flood damage.
(3)
Adequate drainage for new subdivisions.
(4)
The location and design of new or replacement utility systems to prevent flood loss.
(5)
All new construction and substantial improvements to existing structures in the FEMA-identified floodprone areas must be elevated or floodproofed to the level of the base flood.
(6)
All encroachment and other development are allowed in the floodplain upon certification by a registered professional engineer provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
(7)
In the event that a stream or watercourse is altered causing the base flood elevations on the Barre Flood Insurance Rate Map (FIRM) to be changed, notification of such alteration shall be provided to NFIP Massachusetts Coordinator and Massachusetts Division of Water Resources.
E.
Clarifications.
(1)
This Zoning Bylaw does not apply retroactively to existing structures in the floodplains.
(2)
This Zoning Bylaw acknowledges the Subdivision Control and Zoning Bylaws of the Town of Barre, Massachusetts. This Zoning Bylaw acknowledges all other pertinent state and federal laws.
(3)
This Zoning Bylaw applies only to the floodplain areas.
(4)
The Building Inspector is to issue all permits for any construction in the one-hundred-year flood areas.
(5)
The Floodplain District established herein is an overlay district. The underlying uses are allowed provided that such uses meet the additional requirements of this Zoning Bylaw.
§ 140-13 Wellhead Protection District.
[Added 6-14-1999 ATM, Art. 44]
A.
Purpose. The purposes of the Wellhead Protection District are:
(1)
To promote the health, safety and general welfare of the Town by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of Barre.
(2)
To preserve and protect existing and potential sources of drinking water supplies;
(3)
To conserve the natural resources of the Town; and
(4)
To prevent temporary and permanent contamination of the environment.
B.
Scope of authority. The Wellhead Protection District is an overlay district and shall be superimposed on other zoning districts established by this bylaw. This overlay district shall apply to all new construction, reconstruction or expansion of existing buildings, and new or expanded uses. Applicable activities or uses which fall within the Wellhead Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying districts shall not be permitted in the Wellhead Protection District.
C. AQUIFER IMPERVIOUS SURFACE INTERIM WELLHEAD PROTECTION AREA (IWPA) MINING POTENTIAL DRINKING WATER SOURCES RECHARGE AREAS TOXIC OR HAZARDOUS MATERIAL WELLHEAD PROTECTION DISTRICT ZONE I ZONE II
Definitions. For purposes of this section, the following terms are defined below:
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
Materials or structures on, above or below the ground that do not allow precipitation or surface water to penetrate directly in the soil.
Where the Zone II has not yet been delineated and approved by the Massachusetts Department of Environmental Protection (DEP), an interim wellhead protection area shall consist of the area within a one-half-mile radius (2,640 feet) measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. Regulations applying to a Zone II shall apply equally to an interim wellhead protection area.
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.
Areas which could provide significant potable water in the future.
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II or Zone III.
Any substance or mixture of physical, chemical or infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Barre. Toxic or hazardous material include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids or alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and 21E and 310CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
The zoning district defined to overlay other zoning districts in the Town. The Wellhead Protection District may include specifically designated recharge areas.
The protective radius required around a public water supply well or wellfield. For purposes of this bylaw, the required radius is 400 feet.
That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation). It is bounded by the groundwater divides which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend up gradient to its point of intersection with prevailing hydro-geologic boundaries (a groundwater flow divide in contact with till or bedrock, or a recharge boundary).
D.
Establishment and delineation of Groundwater Protection District. The Wellhead Protection District includes the Zone I and interim wellhead protection area for the Barre municipal wells. These areas are delineated on a map entitled "Wellhead Protection District." This map is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk.
E.
District boundary disputes.
(1)
If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
(2)
The burden of proof shall be upon the owner(s) of the land to show where the bounds should be located. At the request of the owner(s) the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
F.
Use regulations.
(1)
Permitted uses. Unless prohibited or restricted by the regulations of the Wellhead Protection District or other state or local regulations, uses or activities permitted in the underlying district are controlled by the requirements of the underlying district.
(2)
Prohibited uses. The following uses are prohibited within the Wellhead Protection District:
(a)
Landfills and open dumps as defined in 310CMR 19.006.
(b)
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(c)
Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to MGL c. 21 §§ 26 through 53; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(d)
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:
[1]
Very small quantity generators as defined under 310 CMR 30.00;
[2]
Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390;
[3]
Waste oil retention facilities required by MGL c. 21, § 52A;
[4]
Water remediation treatment works approved by the Mass. DEP for the treatment of contaminated ground or surface waters;
(e)
Storage of liquid hazardous materials, as defined in MGL c. 21E, and liquid petroleum products, unless such storage is:
[1]
Above ground level, and
[2]
On an impervious surface, and
[3]
In aboveground containers within a building; or outdoors in covered containers designed to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater.
(f)
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
(g)
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(h)
Storage of animal manure, unless covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service.
(i)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within four feet of the historical high groundwater table as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works.
(j)
Nonsanitary treatment or disposal works subject to 314 CMR 5.00, except for the following:
[1]
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
[2]
Treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13);
[3]
Publicly owned treatment works.
(k)
Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district:
[1]
Storage of commercial fertilizers as defined in MGL c. 120, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(3)
Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of special permit by the Special Permit Granting Authority (SPGA) under such conditions as it may require:
(a)
Enlargement or alteration of existing uses that do not conform to the Wellhead Protection District.
(b)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying district [except as prohibited under Subsection F(2)]. Such activities shall require a special permit to prevent contamination of groundwater.
(c)
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
G.
Procedures for issuance of special permits.
(1)
The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board (the Board). A special permit shall be granted if the Board determines, in conjunction with the Board of Health, the Conservation Commission and DPW Superintendent that the intent of the bylaw, as well as its specific criteria, are met. The Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Board's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in this section. The Board shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.
(2)
Upon receipt of the special permit application, the Board shall transmit one copy of the Board of Health, Conservation Commission and DPW Superintendent for their written recommendations. Failure to respond in writing within 35 days shall indicate approval or no desire to comment by said Board or official. The necessary copies of the application shall be furnished by the applicant.
(3)
The Board may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 140-13F of this bylaw, and any regulations or guidelines adopted by the Board. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Wellhead Protection District;
(b)
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
(5)
The applicant shall file 10 copies of a site plan and attachments. The site plan shall meet the requirements for site plan review and approval established by § 140-23D of this Zoning Bylaw. Additional submittals shall include the following information where pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels and other potentially hazardous material to be used or stored on the premises in quantities greater than those associated with normal household use.
(b)
For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief and Board of Health. The plan shall include:
[1]
Provisions to protect against the discharge of hazardous material or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and cleanup procedures;
[2]
Provision for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the Regulations of the Mass. Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from Mass. DEP.
(c)
Proposed down-gradient location(s) for groundwater monitoring well(s), should the Board deem the activity a potential groundwater threat.
(6)
The Board shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days after the filing of the application and after the review by the Town boards, departments and commissions. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties interest" as defined by MGL c. 40A, § 11. The decision of the Board and any extension, modification, or renewal thereof shall be filed with the Board and Town Clerk within 90 days following the closing of the public hearing. Failure of the Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required.
H.
Enforcement. Written notice of any violations of this section shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the nature of the violation and may also identify the actions necessary to remove or remedy the violation, measures required for avoiding future violations and schedule of compliance. A copy of such notice shall be submitted to the Board, Board of Health, Conservation Commission and DPW Superintendent and Water Department. The cost of containment, cleanup or other action for compliance shall be borne by the owner and operator of the premises.
I.
Severability. A determination that any portion or provision of this overlay district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.