Groton City Zoning Code
§ 218-7.2
Water Resource Protection Overlay District.
A.
Purpose and authority.
(1)
Purpose. The purpose of the Water Resource Protection Districts is:
(a)
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;
(b)
To preserve and protect existing and potential sources of drinking water supplies;
(c)
To conserve the natural resources of the Town; and
(d)
To prevent temporary and permanent contamination of the environment.
B. AQUIFER AUTOMOBILE GRAVEYARD AND JUNKYARD COMMERCIAL FERTILIZERS DE-ICING CHEMICALS EARTH REMOVAL HAZARDOUS MATERIAL IMPERVIOUS SURFACE LANDFILL and OPEN DUMP RECHARGE AREAS SANITARY WASTEWATER SOIL CONDITIONER STORAGE OR LANDFILLING OF SLUDGE AND SEPTAGE WASTEWATER TREATMENT WORKS WATER RESOURCE PROTECTION DISTRICT I (WRPD I) WATER RESOURCE PROTECTION DISTRICT II (WRPD II) WATER RESOURCE PROTECTION DISTRICT III (WRPD III)
Definitions. For the purposes of this section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such laws and regulations as of the effective date of this section.
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, mined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c. 140B, § 1.
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Sodium chloride, chemically treated abrasives, or other chemicals used for snow and ice removal.
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
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. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
Material or structure on, above, or below the ground that does not allow precipitation to penetrate directly into the soil.
A facility or part of a facility for solid waste disposal (excluding transfer facilities) established in accordance with the provisions of 310 CMR 19.006.
Areas that collect precipitation or surface water and carry it to aquifers.
Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, showers, dishwashers, or any other source.
Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Use of land to store sludge or septage as those terms are defined in 310 CMR 32.00.
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, all as defined and regulated by 314 CMR 5.00.
The protective radius required around a public water supply well or wellfield, as set forth in 310 CMR 22.02's definition of "Zone I."
WRPD II is bounded by the most extensive of the following parameters: (a) that area of the aquifer that contributes water to a public water supply well or wellfield under the most severe pumping and recharge conditions that can realistically be anticipated, as set forth in 310 CMR 22.02's definition of "Zone II"; (b) interim wellhead protection areas, as established in the Town and defined by 310 CMR 22.02; and (c) the surrounding high- and medium-yield aquifers within the Town, having a transmissivity of 1,350- 4,000 ft.2/day (potential well yield 100 to 300 gallons/minute).
That area of land beyond the area of WRPD II from which surface water and groundwater drain into Zone II, as that term is defined in 310 CMR 22.02.
C.
Establishment of districts. The Water Resource Protection Districts are herein established as overlay districts. The Water Resource Protection Districts are described on a map with district boundary lines prepared by Applied Geographics, Inc., entitled "Water Resource Protection Districts, Town of Groton," dated January 21, 2013, as modified by a map entitled "Proposed Zone II Recharge Area Map, Whitney Pond Well Site, 864 Lowell Road, Groton, Massachusetts" dated December 9, 2021. All maps are hereby made a part of this Zoning Bylaw and are on file in the office of the Town Clerk.
[Amended 4-30-2022 ATM by Art. 14]
D.
Boundary disputes.
(1)
Where the bounds of the Water Resource Protection Districts are in dispute, as delineated on the Water Resource Protection Districts Map, the burden of proof shall be upon the owners of the land in question to show where they should properly be located.
(2)
Resolution of boundary disputes shall be through a special permit application to the Planning Board. Any application for a special permit under this subsection shall be accompanied by documentation prepared by a person who meets the following two requirements:
(a)
Is experienced in delineating hydrogeologic zones in Massachusetts; and
(b)
Has one of the following credentials:
Title | Conferring Entity |
|---|---|
Registered Professional Hydrogeologist | American Institute of Hydrology |
Certified Professional Geologic Scientist | American Institute of Professional Geological Scientists |
Registered Professional Engineer, Sanitary | Commonwealth of Massachusetts |
Certified Groundwater | Association of Groundwater Professional |
Certified Professional Soil Scientist | American Registry of Certified Professionals in Agronomy, Crops, and Soils, Ltd. |
(3)
WRPD II boundary disputes. Where the WRPD II boundary is determined by:
(a)
That area of the aquifer that contributes water to a public water supply well or wellfield under the most severe pumping and recharge conditions that can realistically be anticipated, as set forth in 310 CMR 22.02's definition of "Zone II," the applicant shall provide information in substantial conformance with the criteria set forth in 310 CMR 22.00, as administered by the Massachusetts Department of Environmental Protection, to show where the boundary should properly be located;
(b)
An interim wellhead protection area, the applicant shall provide the results of a survey by a registered surveyor;
(c)
A medium-yield aquifer having a transmissivity of 1,350 to 4,000 ft.2/day (potential well yield 100 to 300 gal/mm), the applicant shall provide geologic and hydrologic information to show transmissivity rates at the subject property.
(4)
WRPD III boundary disputes. The applicant shall provide information in substantial conformance with the criteria set forth in 310 CMR 22.00 for the delineation of Zone III, as administered by the Massachusetts Department of Environmental Protection, to show where the boundary should properly be located.
E.
Use regulations. The Water Resource Protection Districts are overlay districts superimposed over the underlying districts set forth in this Zoning Bylaw. Within a Water Resource Protection District, the requirements of the underlying district continue to apply, except where the requirements of the Water Resource Protection District are more stringent.
(1)
Uses within WRPD I. Uses within WRPD I shall be governed by the standards set forth in 310 CMR 22.00 with regard to "Zone I" therein.
(2)
Uses within WRPD II and WRPD III. Uses are prohibited where indicated by "N" in the following schedule, and require a special permit where indicated by "SP," even where the underlying district requirements are more permissive. Uses permitted in a Water Resource Protection District are indicated by "Y." Where a portion of the lot is located partially within WRPD III and partially outside the Water Resource Protection Districts, site design shall, to the extent feasible, locate potential pollution sources outside the district boundaries.
Principal Uses | WRPD II | WRPD III | |
|---|---|---|---|
(a) | Manufacture, use, storage, transport, or disposal of hazardous materials as a principal activity | N | N |
(b) | Landfills and open dumps | N | N |
(c) | Automobile graveyards, junk and salvage yards | N | N |
(d) | Automobile storage facilities | N | N |
(e) | Commercial car washes | N | N |
(f) | Commercial boat washes | N | N |
(g) | Dry-cleaning operations | N | N |
(h) | Dry-cleaning retail establishments | N | SP |
(i) | Metal plating or etching | N | N |
(j) | Chemical or bacteriological laboratories | N | N |
(k) | Wastewater treatment works for nonsanitary wastewaters that are subject to 314 CMR 5.00, including privately owned facilities, except replacement or repair of existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s) | N | SP |
(l) | Wastewater treatment works for sanitary wastewaters that are subject to 314 CMR 5.00, including privately owned facilities | SP | SP |
(m) | Landfilling of sludge and septage | N | N |
(n) | Storage of sludge and septage | SP | SP |
(o) | Road salt stockpile or storage of other de-icing chemicals in the following manner: | ||
Outside a structure | N | N | |
Within a structure designed to prevent the generation and escape of contaminated runoff or leachate | SP | SP | |
(p) | Gasoline station, motor vehicle repair or body shop, marine repair shop, car wash | N | N |
(q) | Earth removal, in accordance with the Groton Earth Removal Bylaw;[1] provided, however, that no earth removal shall take place within 6 feet of historical high groundwater as determined from monitoring wells and historical table fluctuation data compiled by the USGS, except for excavations for building foundations, roads or utility works, unless the substances removed are redeposited within 45 days of removal to achieve a final grading greater than 6 feet above the historical high groundwater mark | N | SP |
(r) | Any building, structure or use, except single-family dwelling, to be served by on-site wastewater disposal system with a design capacity of greater than 10,000 gallons per day or design capacity of 110 gallons per day of wastewater per 10,000 square feet of lot area as required by 310 CMR 15.00 | SP | SP |
(s) | Single-family dwelling, provided that 10,000 square feet of lot area shall be provided for each 110 gallons per day of sewage disposal design as required by 310 CMR 15.00 | Y | Y |
(t) | Single-family dwelling with less than 10,000 square feet of lot area provided for each 110 gallons per day of sewage disposal design as required by CMR 15.00 | SP | SP |
Accessory Uses | |||
(a) | Underground storage of hazardous materials, including fuel oil and gasoline | N | SP |
(b) | Aboveground storage of hazardous materials in quantities greater than associated with normal household use, other than fuel oil for residential heating purposes | SP | SP |
(c) | Any use generating hazardous wastes in quantities greater than associated with normal household use, except very small quantity generators, as defined by 310 CMR 30.00; household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; waste oil retention facilities required by MGL C. 21, § 52A; or treatment works approved by the DEP for treatment of contaminated ground or surface waters | N | SP |
(d) | Storage of animal manure (Within WRPD II, such storage must be within an enclosed building or contained in accordance with the specifications of the U.S. Soil Conservation Service.) | SP | Y |
(e) | Storage of commercial fertilizers and soil conditioners. (Within WRPD II, such storage must be within a structure designed to prevent the generation and escape of contaminated runoff or leachate.) | SP | SP |
(f) | Commercial production, processing and storage of animal manure | SP | SP |
Other Uses | |||
(a) | Rendering impervious more than 15% of the lot, or 2,500 square feet, whichever is greater, excluding operations associated with the construction or occupancy of a single- family dwelling | SP | Y |
(b) | Stockpiling and disposal of snow and ice containing de- icing chemicals, if brought in from outside the district | N | SP |
(c) | Industrial and commercial uses which discharge process wastewater on site | SP | SP |
F.
Special permit procedures.
(1)
Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. Such special permit may be granted if the SPGA determines that the intent of this § 218-7.2 as well as the specific criteria herein are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.
(2)
Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Fire Chief, Water Department and/or West Groton Water Supply District for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case within 35 days of receipt by the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.
(3)
Applicability. Any special permit required under this section shall be in addition to, and separate from, any other special permit required under this bylaw.
(4)
Submittals. All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor.
(a)
A site plan, submitted on twenty-four-inch-by-thirty-six-inch sheets, on a minimum scale of one inch equals 40 feet, and prepared by a registered professional engineer and a registered land surveyor. Site plans submitted under this section shall also include the following:
[1]
All property lines;
[2]
All adjacent public streets;
[3]
All existing and proposed buildings, structures, parking areas, and service areas;
[4]
All facilities for sewage, refuse, and other waste disposal;
[5]
Facilities for surface water drainage, both temporary and permanent;
[6]
Future expansion areas.
(b)
A narrative statement detailing all of the information set forth below, if applicable:
[1]
A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
[2]
A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
[3]
For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are in compliance with all applicable federal or state regulations, in compliance with design specifications, as prepared by a registered professional engineer, and are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.
[4]
For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a description of a system for groundwater recharge, by stormwater infiltration basins or similar system covered with natural vegetation, that will be provided that does not degrade groundwater quality. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
[5]
For stockpiling or disposal of snow from outside the district, earth removal, storage of sludge or septage, manure storage, treatment works, and/or discharge or process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any wellfield(s) downgradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such wellfields, premises and adjacent areas.
G.
Special permit criteria. Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated herein, that surface and ground water quality resulting from on site wastewater disposal or other operations on site shall not fall below the more restrictive of federal or state standards for drinking water, or, if existing surface or groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration.
H.
Regulations. After public notice and public hearing, the Planning Board may adopt and from time to time amend reasonable regulations for the administration of this section.
I.
Decision. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.