Hadley City Zoning Code
SECTION XII
Aquifer Protection District
§ 12.1 Purpose of district.
[Amended 5-5-2011 ATM by Art. 18]
The purpose of the Aquifer Protection District is to promote the health, safety and welfare of the community by protecting and preserving the surface and ground water resources of the Town from any use of land or buildings which may reduce the quality and quantity of its water resources.
§ 12.2 Definitions.
12.2.1.
Aquifer: Geologic formations composed of rock or sand and gravel that contain significant amounts of potentially recoverable potable water.
12.2.2.
The Aquifer Protection District shall be the area referred to as the "Original Callahan Aquifer District," the "Expanded Callahan Aquifer District," and the "Original Mt. Warner Aquifer District" as defined by the Zone II delineations for the Mt. Warner wells (01,02) and the Callahan wells (03,04). The Aquifer Protection District is delineated as an overlay district on the Town of Hadley Zoning Map.
12.2.3.
Groundwater: All the water found beneath the surface of the ground.
12.2.4.
Hazardous Waste: A waste which is hazardous to human health or the environment. Hazardous wastes have been designated by the U.S. Environmental Protection Agency under 40 CFR 250 and the regulations of the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
12.2.5.
Impervious Surfaces: Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.
12.2.6.
Leachable Wastes: Waste materials, including solid wastes, sludge and pesticide and fertilizer wastes, capable of releasing waterborne contaminants to the environment.
12.2.7.
Primary Aquifer Recharge Area: Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.
§ 12.3 Scope of authority.
[Amended 5-5-2011 ATM by Art. 18]
The Aquifer Protection District is an overlay district and shall be superimposed on the other districts established by the bylaw. All uses, dimensional requirements and other provisions of the Town of Hadley Zoning Bylaw applicable to such underlying districts shall remain in force and effect, except that where the Aquifer Protection District imposes greater or additional restrictions and requirements, such restrictions or requirements shall prevail. Any uses not permitted in underlying districts shall remain prohibited.
§ 12.4 Establishment of district.
The Aquifer Protection District is herein established to include all specified lands within the Town of Hadley. The intent of the Aquifer Protection District is to include lands lying within the primary recharge areas of groundwater aquifers. The map titled "Aquifer Protection District, Town of Hadley" on file with the Town Clerk delineates the boundaries of the district.
Where the location on the ground of the mapped boundaries of the Aquifer District is in dispute, resolution of the dispute shall be through a special permit application to the Planning Board. The burden of proof shall be upon the owner(s) of the land in question to show how the boundary should be properly located. At the request of the owner(s), the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer, primary recharge area or watershed area and may charge the owner(s) for all or part of the cost of the investigation.[1]
[1]
Editor's Note: Per the Attorney General's approval letter dated 1-16-2007: "the more accurate location must be accepted by an amendment and 2/3 majority Town Meeting vote before it may be changed."
§ 12.5 Prohibited uses in Aquifer Protection District.
[Amended 5-5-2011 ATM by Art. 18]
The following uses shall be prohibited in the Aquifer Protection District:
12.5.1.
Solid waste landfills, septage monofills dumps, and junk and salvage yards, with the exception of the disposal of brush and stumps as defined by 310 CMR 16.
12.5.2.
Petroleum, fuel oils, and heating oil bulk stations and terminals.
12.5.2.1.
Storage of liquid hazardous materials as defined in MGL c. 21E, except for storage of liquid petroleum products as provided in § 12.5.3 of this bylaw, unless such storage is:
12.5.2.1.1.
Above ground level; and
12.5.2.1.2.
On an impervious surface; and
12.5.2.1.3.
Either:
12.5.2.1.3.1.
In a container(s) or aboveground tank(s) within a building; or
12.5.2.1.3.2.
Outdoors in a covered container(s) or aboveground tank(s) in an area that has a containment system designed to hold either 110% of the total possible storage of all containers or 110% of the largest container's storage capacity, whichever is greater.
12.5.3.
Storage of liquid petroleum products in excess of 15 gallons (U.S.A.), including gasoline, No. 2 fuel oil (a.k.a. home heating oil), No. 1 fuel oil, and all motor oils, unless such storage is:
12.5.3.1.
Above ground level; and
12.5.3.2.
On an impervious surface; and
12.5.3.3.
Either:
12.5.3.3.1.
In a container(s) or aboveground tank(s) within a building; or
12.5.3.3.2.
Outdoors in a covered container(s) or aboveground tank(s) in an area that has a containment system designed to hold either 110% of the total possible storage of all containers or 110% of the largest container's storage capacity, whichever is greater.
12.5.4.
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
12.5.5.
Storage of animal manure unless covered or contained in a manner approved by the Natural Resources Conservation Service.
12.5.6.
Outdoor storage of salt, de-icing materials, pesticides or herbicides.
12.5.7.
Business and industrial uses, not agricultural, which involve the on-site disposal of process wastes from operations and from nonsanitary wastewater treatment facilities.
12.5.8.
Disposal of liquid or leachable wastes, except for:
12.5.8.1.
The installation or enlargement of a subsurface waste disposal system for a residential dwelling; and
12.5.8.2.
Normal agricultural operations; and
12.5.8.3.
Business or industrial uses which involve the on-site disposal of wastes from personal hygiene and food preparation for residents, patrons and employees.
12.5.9.
Stockpiling and disposal of snow or ice brought in from outside the district.
12.5.10.
Storage of commercial fertilizers, unless such storage is within a structure designed to prevent generation and escape of contaminated runoff or leachate.
12.5.11.
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, as amended, except for the following:
12.5.11.1.
Very small quantity generators as defined under 310 CMR 30.000, as amended.
12.5.11.2.
Household hazardous waste centers and events under 310 CMR 30.390, as amended.
12.5.11.3.
Waste oil retention facilities required by MGL c. 21, § 52A.
12.5.11.4.
Water remediation treatment works approved by DEP for the treatment of contaminated ground- or surface waters.
12.5.12.
Floor drains which would discharge directly to the ground.
§ 12.6 Restricted uses in Aquifer Protection District.
12.6.1.
Excavation for removal of earth, sand, gravel, and other soils shall not extend closer than five feet above the annual high groundwater table. This section shall not apply to uses incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal.
12.6.1.1.
Access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.
12.6.2.
The use of sodium chloride for ice control shall be minimized, consistent with public highway safety requirements.
12.6.3.
The use of commercial fertilizers or other leachable materials shall not be used in amounts which result in groundwater contamination.
§ 12.7 Drainage.
12.7.1.
All runoff from impervious surfaces shall be recharged on the site by being diverted toward 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 contamination.
12.7.2.
Whenever more than five nonregistered motor vehicles are present upon any one lot, they shall be stored on an impervious containment area, drainage from which shall be directed to an oil/water/solids separation system. A plan for such system, stamped by a Massachusetts registered engineer, shall be filed with the Planning Board as part of site plan approval; should site plan approval not be required, the plan shall be filed with the Building Inspector. This provision shall not apply to the following: construction vehicles, farm vehicles, and uses lawfully in existence as of the effective date of this bylaw.
§ 12.8 Uses by special permit.
12.8.1.
Uses which may be permitted by the Planning Board in accordance with the regulations appearing in § 6.2.1.2 of this bylaw.
12.8.1.1.
Business and industrial activities permitted in the underlying district (either by matter of right or by special permit) shall file application for a special permit.
12.8.2.
Procedure. In addition to meeting the requirements of § 6.2.2 of this bylaw, the applicant must file six copies of a site plan, as outlined below:
12.8.2.1.
Said application and plan shall be prepared in accordance with the data requirements of the proposed development, including but not be limited to:
12.8.2.1.1.
A site plan, which shall show, but not be limited to:
12.8.2.1.1.1.
Drainage recharge features and provisions to prevent loss of recharge.
12.8.2.1.1.2.
Provisions to control soil erosion and sedimentation.
12.8.2.1.1.3.
Provisions to prevent soil compaction.
12.8.2.1.1.4.
Provisions to prevent seepage from sewer pipes.
12.8.2.1.1.5.
Provisions to prevent contamination of groundwater by petroleum products or hazardous chemicals.
12.8.2.1.2.
A complete list of chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use. Those businesses using or storing such hazardous materials shall file a definitive operating plan which shall show, but not be limited to:
12.8.2.1.2.1.
Provisions for protection of hazardous materials from vandalism.
12.8.2.1.2.2.
Provisions for the prevention of corrosion and leakage of containers storing hazardous materials.
12.8.2.1.2.3.
Provisions for the indoor storage of all hazardous materials.
12.8.2.1.2.4.
Provisions for impervious floor surfaces with no interior drain.
12.8.2.1.2.5.
Provisions to prevent hazardous materials spillage to the outside.
12.8.2.1.2.6.
Provisions for storage of accumulated waste.
12.8.2.1.2.7.
Provisions for the immediate containment and cleanup of any hazardous spills.
12.8.3.
The Planning Board shall refer copies of the application to the Board of Health, Board of Appeals, Conservation Commission, and the Town Engineer, who shall review the application either separately or jointly and shall submit their recommendation and comments to the Planning Board. Failure of boards/departments to make recommendations within 35 days of the referral of the application shall be deemed to be lack of opposition.
§ 12.9 Nonconforming uses.
[Amended 5-5-2011 ATM by Art. 18]
Nonconforming uses which were lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this Section XII may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that there is a finding by the Planning Board that such change does not increase the danger of groundwater pollution from such use. However, the expansion of petroleum storage or hazardous material use or hazardous waste generation is permitted within the limits of an operation's DEP-approved generator category as described in 310 CMR 30 as of the effective date of this Section XII. Applicants shall follow procedures specified in § 12.8 of this bylaw.