Erving City Zoning Code
ARTICLE 230
9.0 SPECIAL DISTRICTS
§ 230-9.1 FLOODPLAIN OVERLAY DISTRICT (FPOD)
9.1.1.
Purpose. The purpose of the Floodplain Overlay District (FPOD) is:
1.
To ensure public safety through reducing the threats to life and personal injury;
2.
To eliminate new hazards to emergency response officials;
3.
To prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
4.
To 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.
To eliminate costs associated with the response and cleanup of flooding conditions; and
6.
To reduce damage to public and private property resulting from flooding waters.
9.1.2.
Definitions. See "Floodplain Overlay District" in Article 230-11.0.
9.1.3.
Overlay District. The FPOD is hereby established as an overlay district. The FPOD includes all special flood hazard areas within Erving designated as Zone A, AE, AH, AO, or A99 on the Town of Erving Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated July 5, 1982 and on the Flood Boundary and Floodway Map dated July 5, 1982. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated January 5, 1982. The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the Town Clerk and Building Official.
9.1.4.
Designation of Community Floodplain Administrator. The Town hereby designates the position of Town Planner to be the official Floodplain Administrator.
9.1.5.
Building Permit. A permit is required for all proposed 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.
9.1.6.
Other Permits. An applicant for a permit shall demonstrate to the Building Inspector that all local, state and federal permits that will be necessary in order to carry out the proposed development in the FPOD have also been obtained. Prior to the issuance of a permit, the applicant shall acquire all necessary permits, and must demonstrate that all necessary permits have been acquired. This includes but is not limited to the permitting processes required by the local Conservation Commission
9.1.7.
Floodway Encroachment. 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. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's 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.
9.1.8.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
9.1.9.
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.
9.1.10.
Subdivision Proposals. All subdivision proposals and development proposals in the FPOD shall be reviewed to assure that:
1.
Such proposals minimize flood damage;
2.
Public utilities and facilities are located and constructed so as to minimize flood damage; and
3.
Adequate drainage is provided.
9.1.11.
Base Flood Elevation Data for Subdivision Proposals. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
9.1.12.
Recreational Vehicles. In A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the 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.
9.1.13.
Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
• | Adjacent Communities, especially upstream and downstream |
• | Bordering States, if affected |
• | NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor, Boston, MA 02114 |
• | NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor, Boston, MA 02110 |
9.1.14.
Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
• | NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor, Boston, MA 02114 |
• | NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor, Boston, MA 02110 |
9.1.15.
Variances to Building Code Standards. The Town will request from the State 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. The Town 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 floodplain overlay district.
9.1.16.
Variances to this Bylaw Related to Community Compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if:
1.
Good and sufficient cause and exceptional non-financial hardship exist;
2.
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and
3.
The variance is the minimum action necessary to afford relief.
9.1.17.
Abrogation and Greater Restrictions Control. The floodplain management regulations found in this FPOD shall take precedence over any less restrictive conflicting local laws, bylaws or codes.
9.1.18.
Disclaimer of Liability. The degree of flood protection required by this Section is considered reasonable but does not imply total flood protection.
§ 230-9.2 GROUNDWATER PROTECTION OVERLAY DISTRICT (GPOD).
9.2.1.
Purpose. The purpose of the Groundwater Protection Overlay District (GPOD) is:
1.
To 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 Erving;
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.
9.2.2.
Overlay District. The GPOD is an overlay district superimposed on the zoning districts. The GPOD shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the GPOD must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the GPOD.
9.2.3.
Definitions. See "Groundwater Protection Overlay District" in Article 230-11.0.
9.2.4.
Establishment and Delineation of Groundwater Protection Overlay District. For the purpose of the GPOD, there are hereby established within the town certain groundwater protection areas consisting of aquifers or Zone II recharge areas identified by Tighe and Bond as part of their Source Water Assessment Program Conceptual Zone II Delineation report prepared for the Massachusetts DEP, September 1999. This map is entitled "Figure 2 — Zone II Delineation, Erving Well #1, Erving Water Department, Erving, Massachusetts" at a scale of 1:25,000. This map is hereby made a part of this Bylaw and is on file in the Office of the Town Clerk and areas that are shown as Zone II recharge areas are the Groundwater Protection Overlay District.
9.2.5.
GPOD Boundary Disputes. If the location of the GPOD boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Select Board acting as Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
9.2.6.
Permitted Uses. The following uses are permitted within the Groundwater Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, state or federal law are also obtained:
1.
Conservation of soil, water, plants and wildlife.
2.
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.
3.
Foot, bicycle and/or horse paths, and bridges.
4.
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.
5.
Maintenance, repair, and enlargement of any existing structure, subject to Section 9.2.7 and Section 9.2.8.
6.
Residential development, subject to Section 9.2.7 and Section 9.2.8.
7.
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section 9.2.7 and Section 9.2.8.
8.
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
9.2.7.
Prohibited Uses. The following uses are prohibited:
1.
Underground storage tanks related to a Permitted Use are categorically not permitted.
2.
Landfills and open dumps as defined in 310 CMR 19.006.
3.
Storage of liquid petroleum products, except the following:
a.
Normal household use, outdoor maintenance, and heating of a structure;
b.
Waste oil retention facilities required by statute, rule, or regulation;
c.
Emergency generators required by statute, rule, or regulation; or
d.
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface water; provided that such storage, listed in items a. through d. above, is in free-standing containers within buildings having an impervious floor surface which will contain any spill or in above ground covered tanks with a secondary containment area adequate to contain a spill equal to 110% of the size of the container's total storage capacity.
4.
Landfilling of sludge or septage as defined in 310 CMR 32.05.
5.
Storage of sludge or septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
6.
Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater provided that:
a.
The replacement or repair of a system, which will not result in an increase in design capacity, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted; or
b.
In cluster subdivisions the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel.
7.
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.
8.
Storage of animal manure unless covered or contained in accordance with the specifications of the United States Natural Resource Conservation Service.
9.
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 6 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, or utility works.
10.
Facilities that generate, treat, store, or dispose of hazardous waste subject to M.G.L. Chapter 21C and 310 CMR 30.000, except the following:
a.
Very small quantity generators as defined under 310 CMR 30.000;
b.
Household hazardous waste centers and events under 310 CMR 30.390;
c.
Waste oil retention facilities required by M.G.L. c. 21, s. 52A; and
d.
Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters.
11.
Automobile graveyards and junkyards, as defined in M.G.L. c. 140B, s. 1; treatment works that are subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except the following:
a.
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the existing treatment works;
b.
The replacement of existing subsurface sewage disposal systems with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing systems;
c.
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;
d.
Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the Special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality.
12.
(Reserved)
13.
Storage of hazardous materials, as defined in M.G.L. Chapter 21E, unless they are in free-standing containers within buildings having an impervious floor surface which will contain any spill or in above ground covered tanks with a secondary containment area adequate to contain a spill equal to 110% of the size of the container's total storage.
14.
Industrial and commercial uses which discharge process wastewater on-site.
15.
Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.
16.
Storage of commercial fertilizers, as defined in M.G.L. c. 128, s. 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate.
17.
The use of septic system cleaners which contain toxic or hazardous chemicals.
9.2.8.
Uses and Activities Requiring a Special Permit. The following uses and activities are permitted only upon the issuance of a special permit by the SPGA under such conditions as they may require:
1.
Enlargement or alteration of existing uses that do not conform to the GPOD.
2.
Application of fertilizers for non-domestic or non-agricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation.
3.
Those activities that involve the handling of toxic or hazardous materials in underlying zoning (except as prohibited under Section 4.3.6.B[1]). Such activities shall require a special permit to prevent contamination of groundwater.
[1]
Editor's Note: So in original; a section designated "4.3.6.B" does not exist in this bylaw.
4.
Construction of dams or other water control devices, ponds, pools, or other changes in water bodies or courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity.
5.
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 non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential 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.
9.2.9.
Procedures for Issuance of Special Permit. The SPGA under this Section shall be the Select Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission, the Department of Public Works, the Water Department and the Planning Board, that the intent of this Section, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this Section unless the 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.
1.
Upon receipt of the special permit application, the SPGA shall transmit one copy to the Planning Board, Board of Health, the Conservation Commission, the Department of Public Works and the Water Department, for their written recommendations. Failure to respond within 35 days of receipt by the Board shall indicate approval or no desire to comment by said department. The applicant shall provide 7 copies of the application to the SPGA.
2.
The application shall be processed in accordance with M.G.L. c. 40A, s. 9.
9.2.10.
Criteria. The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Article 230-10.0 of this Bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:
1.
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the GPOD, and be designed to avoid disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
9.2.11.
Regulations. The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board.
9.2.12.
Application. The applicant shall file 7 copies of a site plan and attachments with the SPGA. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information:
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 the Board of Health. The plan shall include:
a.
Provision 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 Management Act 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.
3.
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
9.2.13.
Violations. Written notice of any violations of this Bylaw shall be given by the Building Inspector 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 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 Board of Health, the Conservation Commission, the Department of Public Works, and the Water Department. The cost of containment, clean up, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the GPOD, the Town of Erving, Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Erving, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.