Lanesborough City Zoning Code
ARTICLE VII
Special Overlay Districts
§ 165-24 Water Supply Protection Overlay District.
A.
Purpose of district. The purpose of this Water Supply Protection District is to:
(1)
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Lanesborough;
(2)
Preserve and protect existing and potential sources of drinking water supplies;
(3)
Conserve the natural resources of the Town of Lanesborough; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Scope of authority. The Water Supply 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 and uses in a portion of one of the underlying zoning districts that fall within the Water Supply Protection District must additionally comply with the requirements of the Water Supply Protection District Bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in the Water Supply Protection District.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AQUIFER
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
CMR
Code of Massachusetts Regulations.
DEP
Massachusetts Department of Environmental Protection.
HAZARDOUS MATERIAL
As defined in § 165-3 of this bylaw.
HAZARDOUS WASTE
Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
LANDFILL
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
G.L.
Massachusetts General Law.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(5).
OPEN DUMP
A facility operated or maintained in violation of the Resource Conservation and Recovery Act, or state regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Petroleum or petroleum by-product, including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significant potable water in the future.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP-approved Zone I, Zone II, or Zone III areas.
SEPTAGE
The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
SLUDGE
The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility.
TREATMENT WORKS
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.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with G.L. c. 21. § 52A.
WATER SUPPLY PROTECTION DISTRICT
Those land area(s) designated on a map adopted pursuant to this bylaw that provide recharge to an existing or planned public drinking water supply well. The Water Supply Protection District includes all areas designated as a Zone II and approved by the DEP.
ZONE I
The DEP-designated protective radius around a public water system well or well-field.
ZONE II
The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.
D.
Establishment and delineation of Water Supply Protection District. For the purposes of this district, there are hereby established within the Town of Lanesborough certain groundwater protection areas, consisting of aquifers or recharge areas which are delineated on a map. This map is at a scale of one inch to 1,000 feet and is entitled "Water Supply Protection District, Town of Lanesborough", dated September 1, 1993. This map is hereby made a part of the Town of Lanesborough Zoning Bylaw and is on file in the office of the Town Clerk.
E.
District boundary disputes.
(1)
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.
(2)
The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the district boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the Town of Lanesborough may engage a professional engineer, 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. Amendments to the Water Supply Protection District require Town Meeting approval.
(3)
Where the boundary line of the Water Supply Protection District divides a lot or parcel, the requirements established by this bylaw shall apply only to the portion of the lot or parcel located within the WSPD.
F.
Permitted uses. The following uses are permitted within the Water Supply Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
(1)
Conservation of soil, water, plants, and wildlife;
(2)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(3)
Foot, bicycle and/or horse paths, and bridges;
(4)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
(5)
Maintenance, repair, and enlargement of any existing structure, subject to Subsections G and H of this section;
(6)
Residential development, subject to Subsections G and H of this section;
(7)
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsections G and H of this section;
(8)
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
G.
Prohibited uses. The following uses are prohibited within the Water Supply Protection District:
(1)
Landfills and open dumps as defined in 310 CMR 19.006;
(2)
Automobile graveyards and junkyards, as defined in G.L. c. 140B, § 1;
(3)
Landfills receiving only wastewater and/or septage residuals, including those approved by the Department pursuant to G.L. c. 21, §§ 26 through 53; G.L. c. 111, § 17; G.L. c. 83, §§ 6 and 7, and regulations promulgated thereunder;
(4)
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to G.L. c. 21C and 310 CMR 30.00, except for:
(a)
Very small quantity generators as defined under 310 CMR 30.000;
(b)
Household hazardous waste centers and events under 310 CMR 30.390;
(c)
Waste oil retention facilities required by G.L. c. 21, § 52A;
(d)
Water remediation treatment works approved by DEP for the treatment of contaminated waters;
(5)
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas;
(6)
Storage of liquid hazardous materials, as defined in G.L. c. 21E, and/or liquid petroleum products unless such storage is:
(a)
Above ground level and on an impervious surface; and
(b)
Either in container(s) or aboveground tank(s) within a building or outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated 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;
(7)
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(8)
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;
(9)
Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(10)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;
(11)
Discharge to the ground of nonsanitary wastewater, including industrial and commercial process wastewater, except:
(a)
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;
(b)
Treatment works approved by the Department designed for the treatment of contaminated groundwater or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
(c)
Publicly owned treatment works;
(12)
Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district;
(13)
Storage of commercial fertilizers, as defined in G.L. c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
H.
Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of a special permit by the Planning Board under such conditions as it may require:
(1)
Enlargement or alteration of existing uses that do not conform to the Water Supply Protection District.
(2)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Subsection G). Such activities shall require a special permit to prevent contamination of groundwater.
(3)
Any use that will render impervious any lot or parcel more than 15% or 2,500 square feet, 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.
I.
Procedures for issuance of special permit.
(1)
The special permit granting authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, Conservation Commission, Water District, 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, departments or commissions in its decision.
(2)
Upon receipt of the special permit application, the SPGA shall transmit one copy to the Board of Health, Conservation Commission, Engineer and Water District. Failure to respond in writing within 35 days of receipt shall indicate approval, or no desire to comment. 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 F of this section and any regulations or guidelines adopted by the SPGA.
(a)
The proposed use must:
[1]
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Supply Protection District; and
[2]
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
(b)
The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Town of Lanesborough.[1]
[1]
Editor's Note: See Ch. 230, Subdivision Regulations.
(4)
The applicant shall file four 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 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;
[3]
Evidence of compliance with the Massachusetts Hazardous Waste Regulations, 310 CMR 30.00; and
[4]
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
(5)
The SPGA shall hold a hearing, in conformity with the provision of G.L. c. 40A, § 9, within 65 days after the filing of the application.
(6)
Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in G.L. c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof 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.
J.
Enforcement.
(1)
Written notice of any violations of this bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and 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.
(2)
A copy of such notice shall be submitted to the Board of Health, Conservation Commission, and Water District. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
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.
§ 165-25 Floodplain/Wetlands Protection Overlay District.
A.
Purposes. The purposes of this district are:
(1)
To provide that lands in the Town of Lanesborough subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof.
(2)
To protect, preserve and maintain the water table and the water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the residents of the Town of Lanesborough.
(3)
To assure the continuation of the natural flow pattern of the watercourse(s) within the Town of Lanesborough in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.
B.
District delineation. The general boundaries of the Floodplain District are shown on the Lanesborough Flood Insurance Rate Map (FIRM), dated June 15, 1982, Zones A, A1-30, to indicate the one-hundred-year floodplain. The exact boundaries of the district are defined by the one-hundred-year water surface elevations shown on the FIRM and further defined by the flood profiles contained in the Flood Insurance Study, dated June 15, 1982. The floodway boundaries are delineated on the Lanesborough Flood Boundary Floodway Map (FBFM), dated June 15, 1982, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These two maps as well as the accompanying study are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector, Select Board and Assessors. (Definition accepted in February 14, 1983 Special Town Meeting)
C.
Use regulations.
(1)
The floodplain district shall be considered as overlying other districts; any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this section.
(2)
In the floodplain district no new building or structure shall be erected, constructed, altered, enlarged or moved, no dumping, filling or earth transfer or relocation shall be used for any purposes except:
(a)
Conservation of water, plants and wildlife.
(b)
Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings and structures.
(c)
Noncommercial signs (as permitted in the Residential District), wildlife management areas, foot, bicycle, and/or horse paths and bridges, provided such uses do not affect the natural flow pattern on any watercourse.
(d)
Grazing and farming, including truck gardening and harvesting of crops.
(e)
Forestry and nurseries.
(f)
Dwellings lawfully existing prior to the adoption of these provisions, but not including any enlargement and/or extension thereof.
D.
Board of Appeals. In the floodplain district, the Board of Appeals may grant permission for any use and/or structure, subject to the following:
(1)
The request has been referred to the Planning Board and the Board of Health for the recommendation of such boards. In the event that such recommendations are not received within 60 days, the Board of Appeals may consider the application without these recommendations.
(2)
The land is shown to be neither subject to flooding nor unsuitable for the proposed use because of hydrological and/or topographic conditions.
(3)
The proposed use will not be detrimental to the public health, safety and welfare.
(4)
The proposed use will comply in all respects to the provisions of the underlying districts within which the land is located.