Bellingham City Zoning Code
ARTICLE XX
Water Resource Districts
§ 240-131 Purpose.
The purpose of this Water Resource District is to:
A.
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Bellingham;
B.
Preserve and protect existing and potential sources of drinking water supplies;
C.
Conserve the natural resources of the Town; and
D.
Prevent temporary and permanent contamination of the environment.
§ 240-132 Scope of authority.
The Water Resource District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities/uses in a portion of one of the underlying zoning districts that fall within the Water Resource District must additionally comply with the requirements of this district. Uses prohibited in the underlying zoning districts shall not be permitted in the Water Resource District.
§ 240-133 State laws and regulations considered incorporated.
A.
Throughout this bylaw there are references to various Massachusetts General Laws (M.G.L.) and Code of Massachusetts Regulations (CMR). The following is a list of those referenced:
B.
All such laws, codes, and regulations as they apply to this bylaw are effective only as they exist at the date of acceptance of this bylaw and not as they may be subsequently amended. Copies of these laws, codes, and regulations as they apply to this bylaw are on file with the Zoning Inspector.
§ 240-134 Definitions.
For the purposes of this article, the following terms are defined below:
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
The Massachusetts Department of Environmental Protection.
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 in the Town of Bellingham. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products, heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. chs. 21C and 21E and 310 CMR 30.00.
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.C. 4004(a)(b)], or the regulations and criteria for solid waste disposal.
Areas which could provide significant potable water in the future.
The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material, which is a hazardous waste, pursuant to 310 CMR 30.000.
The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility.
Special permit granting authority.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. ch. 21, § 52A.
The zoning district defined to overlay other zoning districts in the Town of Bellingham.
§ 240-135 Establishment and delineation.
For the purposes of this district, there are hereby established within the Town certain groundwater protection areas, consisting of aquifers which are delineated on a map. This map is entitled "Water Resource District Map, Town of Bellingham." This map is attached to the Town Zoning Bylaw and is further on file in the office of the Town Clerk.[1]
[1]
Editor's Note: A copy of the Water Resource District Map is included as an attachment to this chapter.
§ 240-136 Pre-application conference requirement.
A.
Timing. Any private party intending to submit an application for building construction, land development, or earth moving exceeding 1,500 cubic yards on land, which may be fully or partially within the Water Resource District must meet with the Zoning Inspector, who will determine if the project is subject to this bylaw. If so determined, said private party shall meet with the SPGA at a public meeting to discuss the proposed development in general terms, determine if a special permit under this bylaw is required, and establish the plan filing requirements.
B.
The SPGA shall meet with an applicant within 21 days following a written request submitted to the SPGA and the Town Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting within 21 days of said request and said meeting has not been postponed due to mutual agreement, the applicant may proceed with a special permit application without need for a pre-application conference.
C.
Filing requirements. The purpose of the pre-application conference shall be to inform the SPGA as to the preliminary nature of the proposed project, and, as such, no formal filings are required for the conference. However, the applicant is encouraged to meet with the Town Planner to discuss the preparation and submission of sufficient preliminary site design or engineering drawings to inform the SPGA of the scale and overall design of the proposed project.
§ 240-137 Prohibited uses.
The following uses are prohibited within the Water Resource District:
A.
Landfills and open dumps as defined in 310 CMR 19.006.
C.
Landfills receiving only wastewater and/or septage residuals, including those approved by the Department.
D.
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL ch. 21C and 310 CMR 30.00, except for:
(1)
Very small quantity generators as defined under 310 CMR 30.000;
(2)
Household hazardous waste centers and events under 310 CMR 30.390;
(3)
Waste oil retention facilities required by M.G.L. ch. 21, § 52A;
(4)
Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters.
E.
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas.
F.
Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:
(1)
Above ground level; and
(2)
On an impervious surface; and
(3)
Either:
(a)
In container(s) or above ground tank(s) within a building; or
(b)
Outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed and operated 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.
G.
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
H.
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.
I.
Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
J.
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four feet of historical high groundwater 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, utility works, or primarily agricultural purposes consistent with M.G.L. ch. 40A, § 3.
K.
Discharge to the ground of non-sanitary wastewater, except:
(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); and
(3)
Publicly owned treatment works.
L.
Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside of the Water Resource District or Zone II.
M.
Storage of commercial fertilizers, as defined in M.G.L. ch. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
N.
Gasoline or diesel fuel vehicle filling stations.
O.
Motor vehicle service and repair.
P.
Motor vehicle washing (car washes), unless equipped with a system by which no wash water is discharged to any form of underground soil absorption system.
Q.
The rendering impervious of greater than 15% or 2,500 square feet of any lot or parcel, whichever is greater, unless a system of stormwater management and artificial recharge of precipitation is developed which is designed to prevent untreated discharges to wetland and surface water; preserve hydrologic conditions that closely resemble pre-development conditions; reduce or prevent flooding by managing peak discharges and volumes of runoff; minimize erosion and sedimentation; not result in significant degradation of groundwater; reduce suspended solids and other pollutants to improve water quality and provide increased protection of sensitive natural resources. These standards may be met using the following or similar best management practices:
(1)
For lots or parcels occupied, or proposed to be occupied, by single- or two-family residences recharge shall be attained through site design that incorporates natural drainage patterns and vegetation in order to reasonably maintain pre-construction stormwater patterns and water quality to the extent practicable. Stormwater runoff from rooftops, driveways and other impervious surfaces shall be routed over lawn areas via sheet flow for no less than eight feet before discharging to a wetland, surface water, or impervious surface that lead to a street drain system. Dry well leaching pits can be used in lieu of eight feet of lawn for rooftop runoff. The site design must direct only the added impervious surface run off. No site design is needed, if the street drain system has water quality and recharge installed at the outfall.
(2)
For lots occupied, or proposed to be occupied by other uses, a special permit from the Planning Board to ensure that an adequate system of stormwater management and artificial recharge of precipitation is developed.
§ 240-138 Uses and activities requiring special permit.
The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as they may require:
A.
Enlargement or alteration of existing uses that do not conform to the Water Resource 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 zoning (except as prohibited under § 240-137). Such activities shall require a special permit to prevent contamination of groundwater.
§ 240-139 Procedures for issuance of special permit.
A.
The special permit granting authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission, the Board of Selectmen, and Department of Public Works, that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.
B.
Upon receipt of the special permit application, the SPGA shall notify the Board of Health, the Conservation Commission, the Board of Selectmen, and Department of Public Works, for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The applicant shall furnish the necessary number of copies of the application.
C.
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 240-138 of this bylaw, and any regulations or guidelines adopted by the SPGA, including § 240-25 of the bylaw. The proposed use must:
(1)
In no way, during construction or thereafter, adversely affect the existing or potential quality of quantity of water that is available in the Water Resource District; and
(2)
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
D.
The applicant shall file copies of the special permit application, site plan and attachments as indicated on the Form K.[1] The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. Qualified professionals shall prepare all additional submittals. The site plan and its attachments shall at a minimum include the following information where pertinent:
(1)
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;
(2)
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:
(a)
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;
(b)
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
(c)
Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection;
(d)
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
E.
The SPGA shall hold a hearing, in conformity with the provision of M.G.L. ch. 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 of interest" as defined in M.G.L. ch. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit.
§ 240-140 Notice of violation; severability.
A.
The Zoning Inspector shall give written notice of any violations of this bylaw to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.
B.
A copy of such notice shall be submitted to the Planning Board, Inspector of Buildings, Board of Health, Conservation Commission, and Department of Public Works. The cost of containment, clean up, or other action of compliance shall be borne by the owner and operator of the premises.
C.
A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.