Georgetown City Zoning Code
ARTICLE V
Water Resource District
[Added 11-4-1985 STM, Art. 24 (Amdt. No. 66)]
§ 165-29 Purpose.
The purpose of the Water Resource Districts are to protect the public health by preventing contamination and degradation of surface water and groundwater resources providing water supply for the Town, including other Towns which exchange water with this Town or may do so, namely Groveland, Newbury and Rowley.
§ 165-30 Creation; applicability of underlying district.
Water Resource Districts (WR) are hereby created as shown on the map entitled "Map 22 Water Resource Districts Map. May 6, 1985," and described in § 165-36. Said districts shall be considered to be superimposed over any other districts established in this chapter. Land in a Water Resource District may be used for any purpose otherwise permitted in the underlying district, subject to the following additional restrictions. In case of conflict, the greater restriction shall apply.
§ 165-31 Prohibited uses.
The following uses are prohibited in a Water Resource District: commercial car washes, road salt stockpiles, subsurface hazardous chemical, gasoline and oil storage in corrodible containers, coin-operated or commercial laundries and any other use which involves as a principal activity the manufacture, storage, use transportation or disposal of toxic or hazardous materials as defined in § 165-7.
§ 165-32 Special permit uses.
The following shall be allowed only if granted a special permit as provided in §§ 165-33, 165-34 and 165-35:
A.
Any principal use involving the sale, storage or transportation of fuel oil or gasoline.
B.
Any use involving the retention of less than 30% of lot area in its natural state with no more than minor removal of existing trees and ground vegetation, or rendering impervious more than 40% of lot area.
C.
Any use involving on-site disposal of process wastes from operations other than personal hygiene and food for residents, patrons and employees.
D.
Any use, other than a single-family dwelling, with a sewage flow, as determined by Title 5 of the State Environmental Code, exceeding 110 gallons per day per 10,000 square feet of lot area or exceeding 15,000 gallons per day regardless of lot area.
E.
Any use involving the generation of toxic or hazardous waste materials in quantities greater than associated with normal household use.
F.
Sanitary landfills and transfer stations, junkyards and Class Two motor vehicle licenses, dry-cleaning establishments, motor boat and motor vehicle service and repair.
§ 165-33 Application information.
[Amended 6-26-1995 ATM, Art. 8 (Amdt. No. 93)]
A special permit may be granted by the special permit granting authority, or SPGA, which shall consist of the members of the Zoning Board of Appeals. The applicant shall submit the information listed below, together with any other information listed in a regulation issued by said SPGA, which regulation and others appropriate to carry out the purpose of this are hereby authorized.
A.
A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers or facilities from vandalism, corrosion and leakage and to provide for control of spills.
B.
A description of potentially toxic or hazardous wastes to be generated indicating storage and disposal methods.
C.
Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity.
D.
For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system, design and installation.
E.
Analysis certifying compliance with § 165-34, such analysis to be done by a technically qualified expert.
§ 165-34 Design and operations guidelines.
Except for single-family dwellings, the following design and operations guidelines shall be observed within the Water Resource Districts:
A.
Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through such measures as spill control provisions in the vicinity of chemical or fuel delivery points; secure storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.
B.
Location. Where the premises are partially outside the Water Resource District, potential pollution sources such as on-site waste disposal systems shall be located outside the district to the extent feasible.
C.
Disposal. For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL C. 21C.
D.
Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards 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 contaminants.
§ 165-35 Conditions for granting special permit.
Upon filing an application on a form approved as to design by the special permit granting authority (SPGA) and payment of a filing fee payable to the Town in an amount set by regulation of the SPGA, and posting of a notice in the Town Office Building and with the Town Clerk, and advertising in a newspaper as provided in MGL C. 40A, § 11, and compliance with said section, and delivery of the application and other information as requested to the Conservation Commission, Fire Chief, Hazardous Waste Coordinator, Building Inspector and any other board or officer listed in a regulation of the SPGA and as required by state law, and after a site plan review has been held by the Boards as provided in § 165-83 and notice to abutters as provided in MGL. C. 40A, § 11, and after a public hearing is held by the SPGA, the SPGA may grant a special permit if it makes the following determination as well as those in § 165-29 of this Article, namely: that the applicant has proved that any proposed use will not result in the degradation or the potential degradation of any ground and of any surface water resources provided water supply to the Town as defined above, including potential water supply to the Town or any other Town.
§ 165-36 Delineation of district.
Water Resource Districts are defined as any area within 1,000 feet of the following brooks or any tributary thereto: Parker, Penn, Bulford, Lufkins, Muddy, Wheeler, Jackman, Great Sweep and Plough Brooks. Also any area in or flowing into Floodplain Districts described in § 165-28. Said brooks are shown on a map on file in the office of the Selectmen entitled "Map 22, Water Resource Districts, May 6, 1985," and Appendix, pages 15 and 16.
§ 165-37 Recovery of penalty for violation.
The penalty for violation of this articlemay be recovered by the Hazardous Waste Coordinator or any person designated in writing by the Selectmen as well as the Building Inspector as provided in § 165-99 of this chapter.
§ 165-38 Violations and penalties.
The provisions as to withholding of permits contained in §§ 165-95 and 165-96 this chapter shall apply to violations of this Article.