Belchertown City Zoning Code
ARTICLE IV
Overlay Districts
§ 145-12 Wetland Protection District.
[Amended 5-9-1994 ATM by Art. 21]
A.
Purpose.
(1)
The Wetland Protection District is an overlay protection district. It applies to all lands within 100 feet of a wetland resource area as defined under MGL c. 131, § 40, the Wetlands Protection Act, and Chapter 139, Wetlands Protection, of the Code of the Town of Belchertown and as shown on an overlay on the Town Zoning Map referred to as in § 145-5 of this chapter.
(2)
The purpose of this section is to:
B.
Permitted uses. Any use permitted in the underlying zone (Village Residential, Multiple-Dwelling Residential, Agricultural-A and Agricultural-B, Mobile Home Park Residential, Limited Business, General Business, Industrial or Floodplain District) is permitted in the Wetland Protection District.
[Amended 5-8-2023 ATM by Art. 23]
C.
A building permit in the Wetland Protection District shall be obtained in the following manner:
(1)
The applicant shall submit to the Building Inspector the original or a certified copy, in addition to other requirements for a building permit, of:
(a)
A negative determination of applicability of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, issued by the Conservation Commission, as described in that Act; or
(b)
An order of conditions, as defined in the Wetlands Protection Act, issued by either the Belchertown Conservation Commission or the Massachusetts Department of Environmental Protection, covering the proposed structures and related improvements.
D.
Any use or uses which may be permitted by special permit in the underlying zone by the Board of Appeals are also permitted by special permit in the Wetland Protection Overlay, as long as they conform to Article XIII of this chapter (Board of Appeals) and with any and all requirements of the applicable zone. The applicant shall submit to the Board of Appeals, in addition to other requirements for a special permit, a determination of applicability of the Massachusetts Wetlands Protection Act from the Conservation Commission, as described in that Act.
E.
Anyone filling, dredging, grading or otherwise altering land, water bodies or watercourses within the Wetland Protection Overlay must obtain a permit from the Building Inspector. The Building Inspector shall issue a permit after the applicant has complied with the procedures specified in Subsection C above. Normal maintenance and improvement of land in agricultural use is excepted from the provisions of this subsection.
§ 145-13 Floodplain District.
A.
Purpose. The purposes of this district are:
(1)
To provide that lands in the Town of Belchertown subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof;
(2)
To protect the persons and property within the Town of Belchertown from the hazards of flood inundation by assuring the continuation of natural flow patterns and the maintenance of adequate and safe floodwater storage capacity; and
(3)
To protect the community against pollution and costs which may be incurred when unsuitable uses occur along watercourses, wetlands, ponds and reservoirs or in areas subject to flooding.
B.
District delineation.
(1)
The Floodplain District is established as an overlay district and shall be superimposed on the other districts established in this chapter. All regulations on the Belchertown Zoning Map applicable to such underlying districts shall remain in effect, except that where the Floodplain District imposes additional regulations, such regulations shall prevail. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in floodplains.
(2)
The general boundaries of the Floodplain District are shown of the Town of Belchertown Flood Insurance Rate Map (FIRM) dated September 2, 1981, as Zones A and A1-30 to indicate the one-hundred-year floodplain. The exact boundaries of the district are defined by the flood profiles contained in the Flood Insurance Study. The floodway boundaries are delineated on the Town of Belchertown Floodway Boundary Map (FWBM) dated September 2, 1981, and further defined by the floodway data tables contained in the Flood Insurance Study. These two maps, as well as the accompanying study, are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Inspector.
(3)
The above-described Floodplain District is hereinafter also referred to as the "floodplain." The floodway is hereby defined to include the area shown as within the floodway on the above-referenced maps and the area within the floodplain which lies 10 feet or more below the elevation of the floodplain limits. The boundaries of the floodway shall be determined by the limits of the more extensive of the aforesaid areas.
(4)
Within Zone A, where the one-hundred-year flood elevation is not provided on the FIRM, the developer/applicant shall obtain any existing flood elevation data and they shall be reviewed by the Building Inspector for their reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of this section or the State Building Code. If the data are sufficiently detailed and accurate, they shall be relied upon to require compliance with this chapter and the State Building Code.
C.
Permitted uses. The following uses of low flood damage potential and causing no obstruction to flood flows shall be allowed, provided that they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:
(1)
Agriculture (such as farming, grazing, truck farming, horticulture, etc.).
(2)
Forestry or nursery.
(3)
Outdoor recreation (including fishing, boating, play areas, etc.).
(4)
Conservation of water, plants and wildlife.
(5)
Wildlife management areas and foot, bicycle and/or horse paths.
(6)
A temporary nonresidential structure used in connection with fishing, growing, harvesting, storage or sale of crops raised on the premises.
D.
Uses by special permit. Uses which may be permitted in the floodplain but not the floodway by the Board of Appeals in accord with the regulations listed in Article XIII of this chapter are:
(1)
Nonresidential structures or uses which comply in all respects with the provisions of the underlying district, including excavation, filling and storage of materials or equipment.
(2)
Construction and maintenance of at-grade roads, driveways, utilities and other associated roadway facilities when access to land which is not situated in the floodplain is not possible because of ownership patterns or the provisions of Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown.
E.
General regulations.
(1)
The portion of any lot within the area delineated in this section may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated.
(2)
All encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a licensed professional engineer is 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.
(3)
All improvements to existing residential structures must have their lowest floor (including basement) elevated to or above the base flood level.
(4)
All new nonresidential structures and substantial improvements to existing structures must have the lowest floor (including basement) elevated or floodproofed to or above the base flood level.
(5)
Any extension, restoration or reconstruction to a preexisting mobile home shall provide that:
(a)
Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.
(b)
Adequate surface drainage and access for a hauler are provided.
(c)
In the instance of elevation on pilings, lots are large enough to permit steps; piling foundations are placed in stable soil no more than 10 feet apart; and reinforcement is provided for piers more than six feet above the ground level.
(d)
The mobile home is anchored to resist flotation, collapse or lateral movement by requiring that:
[1]
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less that 50 feet long requiring one additional tie per side.
[2]
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side.
[3]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[4]
Any additions to the mobile homes, except in an existing mobile home residential park, are prohibited in the floodway.
(e)
The placement of mobile homes, except in an existing mobile home residential park, is prohibited in the floodway.
§ 145-14 Aquifer Protection District.
A.
Purpose. The purpose of this section is to promote the health, safety and welfare of the community by protecting and preserving the groundwater resources of Belchertown from any use of land or structures which reduce the quality or quantity of its water resources.
B.
Scope of authority. The Aquifer Protection District is an overlay district and shall be superimposed on the other districts established by this chapter. All uses, dimensional requirements and other provisions of this chapter applicable to such underlying districts shall remain in force and effect, except that where the Aquifer Protection District imposes greater or additional restrictions and requirements, such restrictions or requirements shall prevail. Any uses not permitted in underlying districts shall remain prohibited.
C.
Establishment of district. The Aquifer Protection District is herein established to include all specified lands within the Town of Belchertown. The intent of the Aquifer Protection District is to include lands lying within the primary recharge areas of groundwater aquifers which provide public water supply. The map entitled "Aquifer Protection District," Town of Belchertown, on file with the Town Clerk, delineates the boundaries of the district. Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should be properly located. At the request of the owner(s), the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer or primary recharge area. In the case of a determination by a hydrogeologist that the bounds delineated on the above said map are incorrect for the property in question, the Town shall pay for the investigation. In the case of a determination by a hydrogeologist that the bounds delineated on the above said map are correct for the property in question, the owner(s) shall pay for the investigation.
D.
Prohibited uses. The following uses are prohibited in the Aquifer Protection District:
(1)
Commercial uses which manufacture, process, store or dispose of hazardous wastes in amounts exceeding the minimum threshold amounts requiring compliance with Massachusetts Department of Environmental Protection Hazardous Waste Regulation 310 CMR 30:
(a)
Trucking or bus terminals and motor vehicle gasoline sales.
(b)
Car washes, except when located on public water and sewer.
(c)
Wood preserving and furniture stripping.
(d)
Solid waste landfills, dumps and junk and salvage yards, with the exception of the disposal of brush and stumps.
(e)
Business and industrial uses, not agricultural, which involve the on-site disposal of process wastes from operations.
(f)
Disposal of liquid or leachable wastes, except for:
(g)
Underground storage and/or transmission of oil, gasoline or other petroleum products, excluding liquefied petroleum gases.
(h)
Outdoor storage of salt, de-icing materials, pesticides or herbicides.
(i)
The use of septic system cleaners which contain toxic chemicals.
(2)
The rendering impervious by any means of more than 15% of the area of any single lot.
E.
Restricted uses.
(1)
Excavation for removal of earth, sand, gravel and other soils shall not extend closer than five feet above the annual high groundwater table. A monitoring well shall be installed by the landowner to show groundwater elevations. This subsection shall not apply to uses incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal. An access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.
(2)
The use of sodium chloride for ice control shall be minimized, consistent with public highway safety requirements.
(3)
Commercial fertilizers, pesticides, herbicides or other leachable materials shall not be used in amounts which result in groundwater contamination.
(4)
Manure shall be stored in a structure which prevents leachable elements from contaminating groundwater.
(5)
Individual septic systems may not exceed design standards set in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per 1/4 acre under one ownership per day or 440 gallons of sewage on any one acre under one ownership, whichever is greater, except the replacement or repair of an existing system that will not result in an increase in design capacity above the original design.
F.
Drainage. All runoff from impervious surfaces shall be recharged in the site by being diverted toward areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are infeasible and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination.
G.
Uses by special permit.
[Amended 5-9-1994 ATM by Art. 20]
(1)
Nonconforming uses which were lawfully existing, lawfully begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for the Aquifer Protection District section of this chapter may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that there is an additional finding by the Board of Appeals that such a change does not increase the danger of groundwater pollution from such use. Proposed extensions or alterations of commercial or industrial activities must include a site plan, as outlined below.
(2)
Procedure. In addition to meeting the requirements of § 145-69 of this chapter, the applicant must file six copies of the plan. Said application and plan shall be prepared in accordance with the data requirements of the proposed development, including but not limited to a site plan, which shall show, but not be limited to:
(a)
Provisions for protection of hazardous materials from vandalism.
(b)
Provisions for the prevention of corrosion and leakage of containers storing hazardous materials.
(c)
Provisions for the indoor storage of all hazardous materials.
(d)
Provisions for impervious floor surfaces with no interior drain.
(e)
Provisions to prevent hazardous materials spillage outside.
(f)
Provisions for storage of accumulated waste.
(g)
Provisions for the immediate containment and cleanup of any hazardous spills.
(3)
Procedures for special permit in the Aquifer Protection District.
(a)
The Zoning Board of Appeals (ZBA) shall refer copies of the application to the Board of Health, Planning Board, Conservation Commission and the Town Engineer, who shall review the application either separately or jointly and shall submit their recommendations and comments to the ZBA. Failure of the boards/departments to make recommendations within 35 days of the referral of the application shall be deemed a lack of opposition.
(b)
After notice and public hearing, and after due consideration of the reports and recommendations of the boards/departments, the ZBA may grant such a special permit, provided that it finds that the proposed use:
[1]
Is in harmony with the purpose and intent of this chapter and will promote the purposes of the Aquifer Protection District.
[2]
Is appropriate to the natural topography, soils and other characteristics of the site to be developed.
[3]
Has adequate public sewerage and water facilities or the suitable soil for on-lot sewerage and water systems.
[4]
Will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district.
§ 145-15 Historic Village Protection District.
A.
Purpose. The purpose of this district is to protect the historic character of the Belchertown Town Common and adjacent areas of the Belchertown Center.
B.
District delineation.
(1)
The Historic Village Protection District is established as an overlay district and shall be superimposed on other districts established in this chapter. Any land lying within the Historic Village Protection District shall be subject to the development and use regulations of the underlying district in which the land is situated; provided, however, that where such regulations are inconsistent with the additional regulations imposed by the Historic Village Protection District, the latter regulations shall prevail. Any uses not permitted in the underlying districts shall remain prohibited.
C.
Mixed uses. Mixed uses are permitted within the Historic Village Protection District (HVP). As defined herein, a mixed use shall constitute the use of a structure which combines a business use or uses within the B-1 Zoning District of the HVP with a residential use or uses. Business uses shall include those allowed in the B-1 Zoning District according to Article III, Use Regulations, of this chapter.
[Amended 5-8-1995 ATM by Art. 27]
D.
Nonconforming uses.
(1)
Nonconforming uses which were lawfully existing, begun or in receipt of a building permit or special permit prior to the first publication of notice of public hearing for this chapter may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that such a change does not adversely affect the existing historic character of the Town Common and Belchertown Center.
(2)
For the purpose of this subsection, any alteration to the interior of a preexisting nonconforming structure made solely for the purpose of accommodating a change in or to a conforming use shall be deemed not to be substantially more detrimental to the neighborhood than the existing nonconforming structure and shall be allowable as a matter of right; provided, however, that such interior alterations comply with all other applicable requirements of the town.
[Added 5-8-1995 ATM by Art. 27]
E.
Prohibited uses. The following uses are prohibited in the Historic Village Overlay Protection District:
(1)
Smokehouse or sugar house.
(2)
Loam removal for commercial purposes.
(3)
Lounge with more than 1,000 square feet of floor space.
(4)
Veterinary office or animal hospital.
(5)
Motor vehicle service station or motor vehicle repair shop.
(6)
Motor vehicle sales or rental.
(7)
Commercial transportation.
(8)
Bowling alley.
(9)
Roller-skating rink.
(10)
Public parking areas and garages.