Groveland City Zoning Code
ARTICLE VI
Overlay Districts
§ 50-6.1 Floodplain Overlay District.
[Amended 5-24-2021 ATM by Art. 10]
A.
Purpose and intent. The purposes of the Floodplain Overlay District are to:
(1)
Ensure public safety through reducing the 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;
(6)
Reduce damage to public and private property resulting from flooding waters.
B. BASE FLOOD (BFE) DEVELOPMENT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) (a) (b)
LOWEST FLOOR NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4)
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(1) (2)
STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2)
SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION ZONE A ZONE A1-30 and ZONE AE ZONE A99 ZONE AH ZONE AO ZONE V ZONE V1-30 and ZONE VE (for new and revised maps) ZONES B, C, AND X
Definitions. These definitions are unique to this section.
The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
The governmental agency that administers the National Flood Insurance Program and provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related hazards.
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. [780 CMR Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only 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. [US Code of Federal Regulations, Title 44, Part 59]; also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
Any structure that is:
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;
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;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59] |
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
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]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59] |
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [780 CMR Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. 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.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, 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. For a substantial 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.
[780 CMR Base Code, Chapter 2, Section 202] |
(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. [US Code of Federal Regulations, Title 44, Part 59]
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. [US Code of Federal Regulations, Title 44, Part 59]
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures that have incurred substantial damage, regardless of the cause of damage and regardless of the cost of repair work actually performed. However, the term does not include:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official, and that are the minimum necessary to ensure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
[US Code of Federal Regulations, Title 44, Part 59] |
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 the Massachusetts State Building Code, as amended.
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
An area of special flood hazard without water surface elevations determined.
Area of special flood hazard with water surface elevations determined.
Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
Area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).
Area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).
Areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
C.
Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
D.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
E.
Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
F.
Designation of community floodplain administrator. The Town of Groveland hereby designates the position of Building Commissioner/Inspector of Buildings to be the official floodplain administrator for the Town.
G.
H.
Permit required. The Town of Groveland requires a special permit from the Planning Board 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. The proponent must acquire all necessary local, state and federal permits necessary to carry out the proposed development in the Floodplain Overlay District. A list of permits, required and obtained, shall be submitted to the Planning Board and floodplain administrator.
I.
Application procedure. See § 50-14.6 of the Zoning Bylaw and Planning Board regulations for special permits for filing and other requirements. When feasible, the Planning Board and Conservation Commission may schedule a joint public hearing for applications submitted.
J.
Floodplain Overlay District boundaries. The Floodplain Overlay District is herein established as an overlay district. The Floodplain Overlay District includes all special flood hazard areas designated on Groveland's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program, dated July 3, 2012, and on the Flood Boundary and Floodway Map dated July 3, 2012. These maps indicate the one-percent-chance regulatory floodplain. The exact boundaries of the Floodplain Overlay District shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated (July 3, 2012). The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the Town Clerk, and the Building Official. The map panels of the Essex County FIRM that are wholly or partially within the Town of Groveland are panel numbers 25009C0092F, 25009C0093F, 25009C0094F, 25009C0113F, 25009C0114F, 25009C0231F, 25009C0232F, 25009C0233F and 25009C0251F, dated July 3, 2012.
K.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Inspectional Services 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 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.
L.
Floodway encroachment.
(1)
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.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's most recent FIRM or Flood Boundary and Floodway Map, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
M.
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 six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
N.
Notification of watercourse alteration. In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities.
(2)
Bordering states, if affected.
(3)
Massachusetts NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor
Boston, MA 02114-2104
(4)
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
O.
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.
P.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V 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.
Q.
Use regulations. All development in the Floodplain Overlay District, including structural and non-structural activities must be in compliance with MGL c. 131, § 40, and with the following:
(1)
780 CMR the Massachusetts State Building Code;
(2)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
R.
Permitted uses. All uses normally allowed in the underlying zone(s), provided that they comply with this bylaw, the Massachusetts State Building Code and the requirements of the NFIP, shall be permitted if the requirements of this bylaw are met.
S.
Variances to building code floodplain data. 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:
(1)
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
(2)
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.
T.
Variances to local Zoning Bylaws 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:
U.
Planning Board findings. The Planning Board shall make the following findings relative to special permit approval in the floodplain:
(1)
Such proposals shall not increase potential damage caused by flood;
(2)
All public utilities and facilities shall be located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage shall be provided to reduce exposure to flood hazards;
(4)
There is no volumetric loss of flood storage within the designated floodplain resulting in an increase in the BFE within the affected floodplain.
§ 50-6.2 Aquifer Protection Overlay District.
A.
Purpose. The purposes of this Aquifer Protection District are 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; to preserve and protect existing and potential sources of drinking water supplies of the Town and surrounding communities; to conserve the natural resources of the Town; and to prevent temporary and permanent contamination of the environment. The special permit granting authority (SPGA) under this bylaw shall be the Planning Board.
B.
Scope of authority. The Aquifer Protection 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 or uses in a portion of one of the underlying zoning districts which fall within the Aquifer Protection District must additionally comply with the requirements of this district. Uses prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District. Where a conflict exists between the regulations of the underlying and overlay district, the regulations with the most restrictive provisions shall apply.
C. AQUIFER AQUIFER PROTECTION DISTRICT DEP IMPERVIOUS SURFACE MINING POTENTIAL DRINKING WATER SOURCES RECHARGE AREAS TOXIC OR HAZARDOUS MATERIAL ZONE I ZONE II ZONE III
Definitions. For the purposes of this section, the following terms are defined below:
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
The zoning district defined to overlay other zoning districts in the Town of Groveland. The Aquifer Protection District includes specifically designated recharge areas.
Department of Environmental Protection or present state regulatory agency.
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
Areas which could provide significant potable water in the future.
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include areas designated as Zone I, Zone II, or Zone III.
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 Groveland. Toxic or 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 c. 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
The 400-foot protective radius around a public water system well or well field which must be owned by the water supplier or controlled through a conservation restriction.
The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.
D.
Establishment and delineation of Aquifer Protection District. For the purposes of this district, there are hereby established within the Town certain groundwater protection areas, consisting of aquifers or recharge areas designated as Zones I, II and III, which are delineated on a map. This map is at a scale of one inch to 1,000 feet and is entitled "Town of Groveland, Aquifer Protection District," dated October 2, 1997, revised January 27, 1999. This map is hereby made a part of the Town zoning bylaw and the Town Zoning Map and is on file in the office of the Town Clerk.
E.
District boundary disputes. If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation. The district boundary is defined by hydrogeologic research, testing and field analysis; therefore, a professional engineer, hydrologist, geologist or soil scientist may define or redefine the recharge boundary; however, the Zone II district boundary and methodology must be approved by DEP. The determination of the location and extent of Zone II shall be in conformance with the criteria set forth in 310 CMR 22.00 and in the DEP's Guidelines and Policies for Public Water Systems. The burden of proof shall be upon the owner(s) of the land to show where the bounds should be located. At the request of the owner(s), the Town may engage a professional engineer, registered land surveyor, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
F.
Permitted uses.
(1)
Uses in Zone I. Only uses related to the operation and maintenance of the public water supply are permitted in the Zone I defined in 310 CMR 22.00. All other uses are prohibited.
(2)
Uses in Zones II and III. The following uses are permitted within Zones II and III of the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths, and bridges;
(d)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
(h)
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;
(i)
Underground storage tanks related to these activities are not categorically permitted.
G.
Prohibited uses.
(1)
The following uses are prohibited within all zones of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Landfills and open dumps as defined in 310 CMR 19.006;
(b)
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;
(c)
Landfills receiving only wastewater and/or septage residuals, including those approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder;
(d)
Petroleum, fuel oils, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and other subsequent amendments;
(e)
Storage of liquid hazardous materials, as defined in MGL c. 21E, and liquid petroleum products, unless such storage is:
[1]
Above ground or floor level; and
[2]
On an impervious surface; and
[3]
Either in container(s) or above-ground container(s) within a building or outdoors in covered container(s) or above-ground tank(s) in an area that has a covered containment system designed 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.
(f)
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;
(g)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities), except for excavations for building foundations, roads, or utility works, where substances removed are redeposited within 45 days of removal on site to achieve a final grade not less than six feet above the historical high water table.
(h)
Discharge via floor drain(s), with or without pretreatment (such as an oil/water separator), to the ground, a leaching structure, or septic system, in any industrial or commercial facility if such floor drain is located in either:
(i)
Discharge to the ground of non-sanitary wastewater, including industrial and commercial process 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 DEP designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13);
[3]
Publicly owned treatment works.
(j)
Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(2)
The following uses are prohibited within Zones I and II of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following:
[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 MGL c. 21, § 52A;
[4]
Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters;
(b)
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(c)
Storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resources Conservation Service;
(d)
Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.
(3)
The following uses are prohibited in Zones II and III of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Storage tanks or associated pipe systems for hazardous materials, including fuel oils for domestic use in direct contact with the ground.
H.
Uses and activities requiring a special permit. The following uses and activities are permitted in Zones I, II and III only upon the issuance of a special permit by the SPGA under such conditions as they may reasonably require:
(1)
Enlargement or alteration of existing uses that do not conform to the requirements and restrictions of the Aquifer Protection District.
(2)
Those activities that involve the handling of pesticides, herbicides, fertilizers, fuels and potentially toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning district (except as prohibited under Subsection G).
(3)
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 nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential 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.
(4)
Any activity that involves the withdrawal of water from the Aquifer Protection Zones I and II for uses other than a public water supply source, including but not limited to irrigation, livestock, recreation pool filling, water slides, residential and commercial uses. Such activities may also be controlled under the DEP Water Management Act.
I.
Procedures for issuance of special permit.
(1)
Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Selectmen, Planning Board, Board of Health, Conservation Commission, Town Engineer/Consultant, Department of Public Works, and Water Department, 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.
(2)
Upon receipt of the special permit application, the SPGA shall transmit one copy to the Board of Selectmen, Planning Board, Board of Health, Conservation Commission, Town Engineer/Consultant, Department of Public Works, and Water Department 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 necessary number of copies of the application shall be furnished by the applicant.
(3)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection H of this section, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Aquifer Protection District; and
(b)
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
(4)
The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the municipality.
(5)
The applicant shall file eight copies of a site plan and attachments. 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 where pertinent:
(a)
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;
(b)
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:
[1]
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;
[2]
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces; and
[3]
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.
(c)
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
(6)
The SPGA shall hold a hearing, in conformity with the provision of MGL c. 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, posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal 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. However, no work shall commence until a certification is recorded as required by § 11.
J.
Enforcement.
(1)
The provisions of this bylaw shall be enforceable by the appropriate police powers of the Town, subject to any legal recourse available to an affected party.
(2)
Enforcement procedures shall be initiated by filing a written notice of the alleged violation with the Water Department and the Building Inspector. 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, 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. Copies of such notice shall be submitted to the Building Inspector, Zoning Board of Appeals, Board of Selectmen, Planning Board, Board of Health, Conservation Commission, Town Engineer/Consultant, Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
(3)
Upon receiving written notice of a violation, the owner/operator of the property shall cease any activity that constitutes a violation. Within 30 days of receiving notice, the owner/operator shall submit plans and a time table to remove or remedy the violation with measures to be taken to prevent future violation.
K.
Severability. 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.
§ 50-6.3 Wireless Communication District.
A.
Purpose. The purpose of this wireless communications facilities bylaw is to 1) minimize the visual and environmental impacts of personal wireless communications facilities (hereinafter "WCF"); 2) minimize the overall number and height of such facilities to only what is essential; 3) promote shared use of existing facilities to reduce the need for new ones; 4) and encourage the most appropriate use of the land and to guide sound development while promoting the health, safety and general welfare of the Town. The special permit granting authority is the Zoning Board of Appeals.
B.
Establishment. There is hereby created a Wireless Communication Overlay District consisting of all industrial land as shown on the Official Zoning Map for the Town dated June 20, 2002 and the following parcels located in the R-2 Residential District as shown on the Official Zoning Map for the Town and on Assessors' Map #6, Lot 1, Lot 1C (Municipal Complex site), Map 11, Lot 112 (5.6 acres of land located to the rear of Groveland Street adjacent to Town water tank) and Map 17, Lot 69 (one-acre site located to the rear of Groveland Street and the present location of the Town's water tank). Within the overlay district all of the underlying zoning requirements continue to apply, with the exception of the maximum height allowance, which is established in Subsection C below. The following additional uses shall be allowed:
(1)
Indoor WCFs, allowed as-of-right anywhere in the Town subject to the dimensional requirements, performance and design standards of this subsection. Indoor WCFs shall be fully enclosed within a building or structure. No part of an indoor WCF may be visible from the exterior of the building or structure;
(2)
Building-mounted and modifications to existing freestanding WCFs allowed anywhere in the Town subject to site plan review from the Planning Board and the dimensional requirements, performance and design standards of this subsection, subject to the provisions of Section 6409 of the Federal Middle Class Tax Relief and Job Creation Act of 2012 and implementing regulations;
(3)
New freestanding WCFs, allowed only in the Wireless Communication Overlay District subject to a special permit from the Zoning Board of Appeals and site plan review from the Planning Board and subject to the dimensional requirements, performance and design standards of this subsection.
C.
Dimensional requirements for WCFs.
(1)
Freestanding WCFs shall:
(a)
Not exceed 120 feet in height, measured from the ground to the highest point of the tower or its projections;
(b)
Be set back from the property lines of the lot on which they are located by at least 100 feet measured from the center of the structure of the WCF base;
(c)
Be located a minimum of 300 feet from the nearest residential building within a residentially zoned district; and
(d)
Be separated from each other by a minimum of two miles, provided that the Zoning Board of Appeals may waive this separation to a lesser distance if the applicant can demonstrate that the two-mile requirement will have the effect of prohibiting service from a significant portion of the community.
(3)
Based on a clear display that additional height of the tower or reduced setbacks of the tower from buildings or property lines will not adversely affect any purpose of this bylaw and will in fact help to promote the objectives set forth herein, particularly as it relates to co-location, the Zoning Board of Appeals may, by special permit, allow the height of the tower to be increased, or the required setbacks or separation reduced, up to a maximum of 25%.
D.
Performance standards/general requirements. The following performance standards and general requirements shall apply to all WCFs:
(1)
Compliance with federal and state regulations. All WCFs shall be erected, installed, maintained and used in compliance with all applicable federal and state laws, rules and regulations, including radio frequency emission regulations as set forth in Section 704 of the 1996 Federal Telecommunications Acts.
(2)
Co-location of WCFs. WCFs shall be designed to accommodate the maximum number of users technologically practical. Shared use of freestanding, building-mounted, or indoor WCFs by commercial carriers is required unless such shared use is shown to be not technologically practical. The intent of this requirement is to reduce the number of separate facilities which will require location within the community.
(a)
All owners and operators of land used in whole or in part for a WCF and all owners and operators of such WCF shall, as a continuing condition of installing, constructing, erecting and using a WCF, permit other public utilities or FCC-licensed commercial entities seeking to operate a WCF to install, erect, mount and use compatible WCF equipment and fixtures on the equipment mounting structure on reasonable commercial terms; provided, however, that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing WCF, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional WCF or fixtures.
(3)
Removal of abandoned WCF. Any WCF that is not operational for a continuous period of 12 months shall be considered abandoned, and the WCF shall be removed by the owner of the WCF or the owner of the property, and the site restored to its original condition, with the exception of any landscaping that has been provided due to installation of said WCF, within 90 days of receipt of notice from the Building Inspector notifying the owner of such abandonment.
(a)
If such WCF is not removed within 90 days, such WCF shall be deemed to be in violation of this Zoning Bylaw and the appropriate enforcement authority may begin proceedings to enforce and/or cause removal. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF.
E.
Design standards. The following design standards shall apply to all exterior freestanding WCFs, as appropriate:
(1)
All exterior WCF equipment and fixtures shall be painted or otherwise screened or colored to minimize their visibility to occupants or residents of surrounding buildings, streets and properties. WCF equipment and fixtures visible against a building or structure shall be colored to blend with such building or structure. WCF equipment and fixtures visible against the sky or other background shall be colored to minimize visibility against such background. The maximum amount of vegetation shall be preserved during construction of any WCF.
(2)
All freestanding WCFs shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
(3)
The only type of freestanding WCFs allowed shall be monopoles, with associated antenna and/or panels. In addition, so-called stealth or camouflaged towers may also be permitted. Whenever technologically feasible, antennas shall be mounted flush against a pole, provided that such mounting does not compromise the potential for co-location. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.
(4)
To the extent feasible, all network interconnections from any WCF shall be installed underground, or inside an existing structure.
(5)
A security barrier shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town. Fencing shall not be of razor wire.
(6)
There shall be no signs, except for announcement signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall comply with Article XI of this bylaw.
(7)
Night lighting of freestanding WCFs shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
(8)
There shall be a maximum of one parking space for each freestanding WCF, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.
(9)
Accessory buildings and/or storage sheds shall be limited to one building per use per tower. If more than one use, the accessory buildings shall be connected by a common wall. Each building shall not exceed 300 square feet in size and 10 feet in height, and shall be of the same design and color.
F.
Special permit.
(1)
Application process. All special permit applications for WCFs shall be made and filed on the appropriate application form. For an application to be considered complete, it shall comply with § 50-14.6 and MGL c. 40A, and shall also provide five copies of the following information:
(a)
A color photograph or rendition of the proposed monopole with its antenna and/or panels. A rendition shall also be prepared providing eight view lines in a one-mile radius from the site, and any other viewpoints deemed necessary by the permit granting authority; shown beginning at True North and continuing clockwise at 45° intervals.
(b)
A description of the monopole and the technical, economic and other reasons for the proposed location, height and design.
(c)
Confirmation that the monopole complies with all applicable federal and state standards, including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
(d)
A description of the capacity of the monopole, including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.
(e)
If the permit granting authority determines it necessary, an amount of money from the applicant shall be placed in an Engineering Review Revolving Account for use by the permit granting authority to retain a technical expert in the field of RF engineering.
(f)
The special permit granting authority may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
(g)
Within 14 days prior to the public hearing, the applicant shall arrange to locate a crane, or an alternative temporary structure approved by the special permit granting authority, at the site in a manner that replicates the exact height and location of the proposed monopole. The crane or structure shall remain in position for no less than three consecutive days, for at least 12 hours per day, unless the zoning board agrees that fewer hours per day may be allowed.
G.
Review criteria. In addition to applying any special permit general conditions described in this zoning bylaw, and the standards, requirements, or conditions set forth herein above, the Board shall review the special permit application in accordance with the following criteria:
(1)
An applicant proposing a freestanding WCF shall prove to the satisfaction of the Board that the visual, noise level, economic and aesthetic impacts of the facility on the community will be minimal. The applicant must also demonstrate that the facility needs to be located at the proposed site due to technical, topographical or other unique circumstances. In determining whether to issue a special permit, the Board shall consider the following factors: height of the proposed WCF; the nature of uses on adjacent and nearby properties; surrounding topography; surrounding tree coverage and foliage; the visual and noise impact of the facility on the abutting neighborhoods and streets; and the impact on existing vistas and natural resources.
(2)
No freestanding WCF shall be erected or installed except in compliance with the provisions of this section. Any proposed extension in the height, or construction of a new or replacement of a facility, shall be subject to a new application for a special permit. The addition of cells, antennas or panels to an existing facility does not require the issuance of a special permit but is subject to site plan review.
H.
Conditions of approval.
(1)
The following conditions of approval shall apply to all grants of applications for WCFs that require a special permit as indicated by Subsection B herein:
(a)
Annual certification must be provided to the Town's Director of Code Enforcement which demonstrates continuing compliance with the standards, rules and regulations of the Federal Communications Commission, Federal Aviation Administration, National Institute of Standards and Technology, Massachusetts Aeronautics Commission, Massachusetts Department of Public Health, and other applicable federal, state and local laws.
(b)
If a freestanding, exterior WCF is to be placed on municipal property, the following conditions must be satisfied:
[1]
Certificate of insurance for liability coverage in the amount of $1,000,000 must be provided naming the Town as an additional insured;
[2]
An agreement whereby the user indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use or occupancy of the Town-owned property by the user.
[3]
A cash bond in a reasonable amount determined and approved by the Board shall be in force to cover removal of WCF and restoration of the site to the condition that the premises were in at the onset of the lease, when use of said WCF becomes discontinued or obsolete. The amount is to be payable to the Town in the event that the user breaches the agreement in Subsection D(3).
(2)
A maintenance bond shall be posted for the access road, site and monopole in amounts approved by the Board.
(3)
In addition to the above, the Board may impose additional conditions as needed to minimize any adverse impacts of the proposed WCF.
I.
Exemptions. The following types of WCFs are exempt from this section:
(1)
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose.
(2)
Facilities used for the purposes set forth in MGL c. 40A, § 3.
(3)
Facilities used solely by the municipality for the purpose of public safety.
J. ACCESSORY BUILDINGS ANTENNA CO-LOCATION GUYED TOWER LATTICE TOWER MONOPOLE MOUNT PANEL ANTENNA RADIO FREQUENCY ENGINEER SECURITY BARRIER WIRELESS COMMUNICATION FACILITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
A flat-surface antenna usually developed in multiples.
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
A locked, secure wall, fence or berm that completely seals an area from unauthorized entry or trespass.
Facility for the provision of personal wireless services, as defined by the Telecommunications Act.