Beverly City Zoning Code
ARTICLE VIII
Overlay Districts
§ 300-48 Flood Overlay District (FOD).
[Amended 7-5-2012 by Ord. No. 102; 6-16-2014 by Ord. No. 104; 6-16-2025 by Ord. No. 116-2025]
A.
Purpose. This section is adopted to maintain the City of Beverly's National Flood Insurance Program (NFIP) designation. The FOD is established as an overlay to all other districts. In Massachusetts, the FOD is part of a federal requirement for communities that choose to participate in the NFIP. All development in the FOD, including structural and non-structural activities, whether permitted by right or by building permit, must comply with 780 CMR (the Massachusetts Statewide Building Code, the "MA Building Code"), 310 CMR (the Department of Environmental Protection Regulations), the Beverly Wetlands Protection and Conservation Ordinance (Chapter 287) and its implementing regulations. The goal of the FOD is furthermore to:
(1)
Ensure the safety of the public, the environment, and property through reducing 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; and
(6)
Reduce damage to public and private property resulting from flood waters.
B.
Definitions. The defined terms in this section are for terms used in this section. To the extent not defined herein or elsewhere in this section, words used herein shall have the definitions found in 44 CFR 59.1, or in the current edition of the MA Building Code where undefined federally.
DEVELOPMENT
Means any human-made change to improved or unimproved land, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or storage of equipment or materials [44 CFR Part 59].
FLOODPLAIN VARIANCE
Means a grant of relief by the Zoning Board of Appeals from the terms of the floodplain management regulations.
FLOODWAY
Means 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.
FUNCTIONALLY DEPENDENT USE
Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes but is not limited to 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.
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Means 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 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:
(a)
By an approved state program as determined by the Secretary of the Interior; or
(b)
Directly by the Secretary of the Interior in states without approved programs [44 CFR Part 59].
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.]
RECREATIONAL VEHICLE
Means a vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred 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 [44 CFR Part 59].
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard boundary map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.
START OF CONSTRUCTION
The date of issuance of a building permit for new construction (which includes substantial repair, rehabilitation, or improvement), provided the actual start of construction is within 180 days after the date of issuance of said permit. 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. For a substantial repair, rehabilitation, or 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. "Permanent construction" as referenced above does not include land preparation (such as clearing, excavation, grading or filling); the installation of streets or walkways; excavation for a basement, footings, piers (including in-water 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.
STRUCTURE
Means, 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.
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.
VARIANCE
Means a grant of relief by the Beverly Zoning Board of Appeals from the terms of the FOD.
VIOLATION
Means the failure of a structure or other development to be fully compliant with this section. A structure or other development without an 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 [44 CFR Part 59].
C.
Applicability. The City of Beverly requires a permit 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.
D.
Determination of non-applicability. Upon an applicant's submittal of a written description of the project scope, the Building Commissioner may issue a determination of this section's non-applicability in the event that activities within the FOD boundaries will have no impact or de minimis impact on flooding.
E.
FOD boundaries.
(1)
The FOD is herein established as an overlay district. The district includes all special flood hazard areas within Beverly designated as Zone A, AE, AH, AO, A99, V, or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program.
(2)
The exact boundaries of the FOD shall be defined by the 1%-chance base flood elevations shown on the FIRM dated July 8, 2025, and further defined by the Essex 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 City Clerk and Floodplain Administrator.
F.
Designation of community Floodplain Administrator. The City of Beverly hereby designates the position of Building Commissioner to be the official Floodplain Administrator for the City.
G.
Permit application procedure.
(1)
An applicant for a permit shall file the application to the Office of Inspectional Services which shall comply with the following submittal requirements:
(a)
A site plan at an appropriate scale, typically one inch equals 40 feet, shall be prepared by the appropriate registered design professional and shall show at least the following:
[1]
Lot lines within which the development is proposed in relation to the nearest road intersection;
[2]
The location, boundaries and dimensions of each lot in question;
[3]
One-foot contours of the existing and proposed land surface; and
[4]
Location of existing and proposed applicable FEMA zones, structures, watercourses, applicable base flood elevation mapping, drainage, and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any.
(b)
A written description of the proposed development or use relative to all applicable provisions of this section.
(c)
Signed attestation that all applicable federal, state, and other local permits required for the project have been obtained.
(2)
A permit shall be issued only if a project conforms to this section and all other applicable laws.
H.
Permit fees. Fees for FOD permits shall be paid in accordance with the schedule of fees set forth by the Municipal Inspections Department.
I.
Lapse. Rights authorized by a FOD permit that are not exercised within one year of the date of the grant of such permit shall lapse.
J.
All other permits. The proponent must acquire all other necessary permits prior to the issuance to an FOD permit and must demonstrate that all necessary permits have been acquired to the extent lawfully feasible.
K.
FOD permit criteria.
(1)
In Zones A and AE, the proposed use, including filling or excavating, shall not increase the water surface elevation of the 100-year flood more than a net zero or de minimis amount, with consideration of any compensatory flood storage or other mitigation provided.
(2)
Unnumbered A Zones. In A Zones, in the absence of FEMA base flood elevation (BFE) data and floodway data, the applicant shall obtain, review, and reasonably utilize base flood elevation and floodway data available from a federal, state, or other sources (including engineering studies). This shall apply to new construction, substantial repair, rehabilitation or improvement, or other development so defined herein within a Zone A.
(3)
AO and AH Zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(4)
Subdivision proposals/development proposals. All subdivision proposals and development proposals in the FOD District shall be reviewed to assure that:
(a)
Such proposals minimize flood damage.
(b)
All public utilities and facilities are located and constructed so as to minimize flood damage.
(c)
Adequate drainage is provided.
(5)
Base flood elevation data. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine BFE on a project site where the BFE is not established by FEMA.
(6)
Recreational vehicles. In A, AE, AO, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the applicable 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.
(7)
Protection of dunes. Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.
(8)
Watercourse alterations or relocations in riverine areas. In a riverine area, the Floodplain Administrator or their designee shall notify the following of any alteration or relocation of a watercourse:
(a)
Adjacent communities, especially upstream and downstream.
(b)
Bordering states, if affected.
(c)
NFIP State Coordinator Massachusetts Department of Conservation and Recreation NFIP Program Specialist Federal Emergency Management Agency, Region I.
(9)
Requirement to submit new technical data. If the City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
(a)
NFIP State Coordinator Massachusetts Department of Conservation and Recreation.
(b)
NFIP Program Specialist Federal Emergency Management Agency, Region I.
(10)
Violation and floodway encroachment.
(a)
In Zones A, A1-30, 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.
(b)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Essex County FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has 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.
L.
Variance and hardships.
(1)
Variances to Building Code floodplain standards. For variances to the State Building Code, the City will request from the MA 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.
(2)
The City 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 FOD.
M.
Floodplain variances.
(1)
A variance from the Floodplain District must follow the procedures of § 300-92 of this chapter. In addition to the criteria set forth in § 300-92, a variance from these floodplain regulations must meet state requirements and, in addition, may only be granted if:
(a)
Good and sufficient cause and exceptional non-financial hardship exist;
(b)
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and
(c)
The variance is the minimum action necessary to afford relief.
(2)
In addition, a variance may not be used if any increase in flood levels during the base flood discharge would result.
N.
Abrogation and greater restriction section. The floodplain management regulations found in this section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.
O.
Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.
P.
Severability. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.
Q.
Local enforcement. The Building Commissioner is authorized and directed to enforce all of the provisions of this section.
R.
Amendments to this section. The adoption of this section is a requirement for Beverly's continued participation in the flood insurance program of the federal government. Future amendments to this section shall comply with applicable federal requirements.
S.
Relation to other laws. The provisions of this section are not intended to repeal, amend, abrogate, annul or interfere with any lawfully adopted state or federal laws or regulations or any local ordinances, covenants, regulations or rules. However, where this section imposes greater restrictions, the provisions of this section shall govern. (Note: The jurisdiction of the Building Commissioner under this section includes areas not shown on the FEMA FIRM Maps.)
§ 300-49 LHD Local Historic District.
No building in the Fish Flake Hill Local Historic District (Front Street) shall be altered or constructed until a certificate of appropriateness is received from the Beverly Historic Districts Commission.
§ 300-50 WSPOD Water Supply Protection Overlay District.
[Amended by Ord. No. 169; 6-19-2013 by Ord. No. 76]
A.
Purpose. The purposes of the Water Supply Protection Overlay District (WSPOD) are to:
(1)
Protect and 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 City of Beverly;
(2)
Protect and preserve watersheds, surface waters, groundwater, and aquifers for existing drinking water supplies and potential sources of drinking water supplies;
(3)
Inhibit temporary and permanent contamination of watersheds, surface waters, and groundwater in the WSPOD;
(4)
Protect the community by restricting and controlling activities which are likely to have a significant adverse impact(s), immediate or cumulative, upon the quality of the surface water and groundwater in the WSPOD; and
(5)
Work in support of the Salem and Beverly Water Supply Board, which has primary responsibility for the distribution and protection of the water supply for Beverly, Salem and parts of Wenham, and has ultimate authority for those activities.
B.
Applicability. The Water Supply Protection Overlay District is superimposed over the underlying districts set forth in this chapter and shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Within the Water Supply Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Water Supply Protection Overlay District are more stringent.
C.
Definitions. For the purposes of this section, the following terms and words are given the meanings stated below (For other terms or words see § 300-5, Definitions.):
PETROLEUM PRODUCT
Petroleum or a petroleum by-product, including, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. The term "petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
PROPANE
A colorless, hydrocarbon gas liquefied when under pressure.
RECHARGE AREA
An area that collects precipitation or surface water to resupply a water body or aquifer as defined in 310 CMR 40.00 and 310 CMR 22.00, inclusive.
SALEM AND BEVERLY WATER SUPPLY BOARD (SBWSB)
A regional agency comprising the Cities of Salem and Beverly, which oversees and regulates the quality of the drinking water as well as the quantity of potable water necessary to ensure an adequate supply to the two affected communities as well as to parts of the Town of Wenham. The SBWSB consists of:
(1)
The Beverly City Engineer;
(2)
A Beverly citizen appointed by the Mayor of Beverly;
(3)
The Salem Director of Public Works;
(4)
A Salem citizen appointed by the Mayor of Salem; and
(5)
A person who does not reside in, own property or have business interests in either the City of Beverly or Salem, who is appointed by the Governor of the Commonwealth and serves as the Chairman of the Board.
SLUDGE
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.
TREATMENT WORKS
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.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) per month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WATERSHED
The area contained within the geomorphic or topographic boundaries of higher elevations which cause surface water and/or groundwater to drain or flow to lower elevations into water used as a public water source.
D.
Delineation of Water Supply Protection Overlay District. The Water Supply Protection Overlay District shall be as shown on the official City of Beverly Zoning District Map.
E.
Prohibited uses or activities. The following uses and activities are expressly prohibited within the Water Supply Protection Overlay District:
(1)
Storage of chemical or petroleum products of any kind except for:
(a)
Products stored in a freestanding container of less than 15 gallons' capacity;
(b)
Heating fuel products stored in the building where that fuel is to be utilized;
(c)
Propane gas, stored above ground, to be used for residential home heating purposes; and
(d)
Propane gas, stored above ground, to be used for retail resale; provided, however, that the containers being filled for resale shall be no larger than 40 pounds' capacity.
(e)
The storage incidental to:
[1]
Normal household use, outdoor maintenance, or the heating of a structure; or
[2]
The use of emergency generators; or
[3]
A response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); or
(f)
Storage within a building, either in a container(s) or aboveground tank(s), or outdoors in a covered container(s) or aboveground 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. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in accordance with applicable state and local requirements;
(2)
Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:
(a)
The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works.
(b)
Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with Title 5, 310 CMR 15.00, provided that any such facility shall be permitted in accordance with applicable state regulations and requirements.
(c)
Treatment works designed for the treatment of contaminated groundwater or surface waters permitted and operated in compliance with 314 CMR 5.05(3) or 5.05(13).
(d)
Discharge by a public water system of waters incidental to water treatment processes.
(3)
Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste as defined in § 300-5, except for the following:
(a)
Very small quantity generators.
(b)
Treatment works approved in accordance with 314 CMR 5.00 for treatment of contaminated groundwater or surface waters.
(4)
Sand and gravel excavation operations.
(5)
Uncovered or uncontained storage of fertilizers, herbicides and pesticides.
(6)
Uncovered or uncontained storage of road or parking lot deicing and sanding materials.
(7)
Storage or disposal of snow or ice removed from highways and streets outside the district that contains deicing chemicals.
(8)
Uncovered or uncontained storage of manure.
(9)
Junk and salvage operations.
(10)
Motor vehicle or aircraft repair operations not in accordance with state regulations (MGL Chapter 21C).
(11)
Solid waste disposal other than brush or stumps, landfills, combustion facilities, or handling facilities as defined at 310 CMR 16.00 or MGL Chapter 21C.
(12)
Commercial outdoor washing of motor vehicles or airplanes, and commercial car washes not in accordance with state (310 CMR 27.00A, 314 CMR 5.00) and federal (the Federal Clean Water Act) regulations.
(13)
Disposal of leachable wastes.
(14)
Landfills.
(15)
Floor drains in all facilities handling hazardous waste as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010.
(16)
Animal feed lots.
(17)
Dry-cleaning establishments.
(18)
Mining of natural resources.
F.
Uses permitted by right. The following uses are permitted by right within the Water Supply Protection Overlay District, subject to the provisions of the underlying zoning:
(1)
Conservation of soil, water, plants, and wildlife.
(2)
Outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, nature study and hunting where otherwise legally permitted.
(3)
Foot, bicycle, and horse paths and bridges.
(4)
Rehabilitation, repair, and maintenance of any existing (prior to adoption of this amendment) structure, provided there is no increase in impervious pavement (other than that material which is used in the construction of the structure itself) and provided that all appropriate permits (if any) have been obtained.
(5)
Expansion of any existing residential structure.
(6)
New single-family residential development, as permitted in the underlying district, provided that such (individual) development is not in excess of two house lots.
(7)
Farming, gardening, nursery, conservation, forestry, harvesting and grazing uses, provided that fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors.
(8)
Notwithstanding the provisions of Subsection E above, public water supply facilities and associated uses, including, but not limited to, chemical and fuel storage.
(9)
Disturbance of the existing landscape for construction or landscape maintenance, provided that the disturbance conforms to Chapter 249, Stormwater Management, of the City Code.
G.
Uses permitted by special permit.
(1)
The following uses are only allowed by special permit within the Water Supply Protection Overlay District:
(a)
Commercial and industrial uses permitted in the underlying district.
(b)
New single-family development in excess of two house lots or multifamily residential development as permitted in the underlying district.
(c)
Enlargement or alteration of existing uses that do not conform to the Water Supply Protection Overlay District.
(d)
Activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, as permitted in the underlying zoning district.
(2)
Special permit applications shall be made, reviewed, and acted upon in accordance with the following procedures:
(a)
An application, plan and filing fee shall be submitted in accordance with the Rules of the Planning Board for the Issuance of Special Permits and will be processed in accordance with the procedural requirements of MGL c. 40A, § 9.
(b)
The Planning Board shall forward the special permit application to the Board of Health, Conservation Commission, Department of Public Services, Engineering Department and the Salem and Beverly Water Supply Board (SBWSB) for review and comment. These boards, commissions and departments shall forward a recommendation to the Planning Board within 30 days of submittal, but may request an additional thirty-day extension of time for providing comment.
(c)
Applications shall, at a minimum, include the following information where pertinent:
[1]
Description of the proposed project, including location and extent of impervious surfaces; on-site processes or storage of materials; the anticipated use of the land and buildings; description of the site, including topographic, hydrologic and vegetative surfaces.
[2]
Characteristics of natural runoff and projected runoff with the proposed project, including its rate and chemical characteristics deemed necessary to make an accurate assessment of water quality.
[3]
Measures proposed to be employed to reduce the rate of runoff and pollutant loading of runoff from the project area, both during and after construction.
[4]
Proposed runoff control and reservoir protection measures for the site. These measures shall be designed with the goal of ensuring that the rate of surface water runoff from the site does not exceed pre-development conditions and that the quality of such runoff will not be less than pre-development conditions.
[5]
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.
[6]
For those activities using or storing such hazardous materials, a hazardous materials management plan shall also be prepared and filed with the Fire Department 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 Massachusetts Hazardous Waste Regulations, 310 CMR 30.00; and
[d]
Proposed down-gradient location(s) for a groundwater monitoring well(s), should the Planning Board deem the activity a potential groundwater threat.
(d)
The Planning Board may adopt regulations to govern design features of projects.
[1]
The Planning Board may grant the required special permit only upon finding that the proposed use meets the conditions set forth in § 300-91B, any other applicable regulations or guidelines adopted by the Planning Board, and the following additional conditions:
[a]
The proposed use in no way, during construction or thereafter, adversely affects the existing or potential quality of water that is available in the Water Supply Protection Overlay District; and
[b]
The proposed construction has been designed to avoid unnecessary disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
[2]
The Planning Board may deny a proposed project or activity if it finds that such project or activity violates the purposes of this overlay district, has an adverse environmental impact on the watershed, aquifer and/or recharge area or adversely affects the existing or potential public water supply. Appeals of the Planning Board's decision may be taken to the Board of Appeals for further public hearing.
H.
Enforcement. Written notice of any violations of this chapter shall be given to the responsible person by the Director of Municipal Inspections 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. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, Department of Public Services, and the Salem and Beverly Water Supply Board. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises jointly and severally. If a plan to remedy the violation is not provided to the Director of Municipal Inspections within 30 days of the deliverance of the notice of violation, the Director of Municipal Inspections is authorized to assess a fine of no more than $100 per day until the remediation plan is provided to the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
§ 300-51 IR Overlay District.
[Amended 2-19-2009 by Ord. No. 230]
The IR Overlay District is established to provide principally for mixed-use commercial development within the IR District. See § 300-42.
§ 300-52 Depot Parking Overlay District.
[Amended 7-12-2011 by Ord. No. 61]
The Depot Parking Overlay District addresses parking requirements for certain residential units within walking distance of the Beverly MBTA Depot. See § 300-40.[1]
[1]
Editor's Note: Original § 38-31F, Beverly Harbor Interim Planning Overlay District (BHIPOD), added 9-2-2014 by Ord. No. 131, which immediately followed this section, was repealed 6-1-2015 by Ord. No. 314. See now the Beverly Harbor District in § 300-46 of this chapter.
