Medfield City Zoning Code
ARTICLE 16
Aquifer Protection District
§ 300-16.1 Purpose.
The purpose of the Aquifer Protection District is to preserve and maintain the quality and quantity of the existing and potential groundwater supply within the known aquifers of the Town by protecting the groundwater and groundwater recharge areas from adverse land use practices.
§ 300-16.2 Definitions.
The following definitions apply to specialized words and terms associated with this district:
A geologic formation composed of rock, sand, and/or gravel that contains significant amounts of potentially recoverable water.
A district shown on the Zoning Map superimposed on all other zoning districts in the Town, consisting of groundwater protection areas, including Well Protection Districts, Primary Aquifer Zone and Secondary Aquifer Zone.
The Primary Aquifer Zone's delineation is shown on the Primary Aquifer Overlay Map dated July 10, 1987, by Amory Engineers, P.C. The Primary Aquifer Zone's delineation is derived from the following sources:
The Secondary Aquifer Zone area is shown on the Secondary Aquifer Overlay Map dated January 30, 2003, by Environmental Partners Group Inc. and has been derived from the DEP approved Zone 2 of the following well recharge areas:
The ground surface area which experiences drawdown by a pumping well.
The deposit, injection, dumping, spilling, leaking, incineration or placing of any substance into or on any land or water so that such substance or any constituent thereof presents a hazard to the groundwater.
The subsurface water present in aquifers and recharge areas.
A substance or combination of substances, including any liquid petroleum product, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in the Town of Medfield. Any substance deemed a "hazardous waste" in MGL c. 21C, as amended, shall also be deemed a hazardous material for purposes of this Bylaw.
Material that does not allow significant amounts of surface water to penetrate into the sod.
Waste material, including solid waste, sewage, sludge and agricultural waste, that is capable of releasing waterborne contaminants to the surrounding environment.
An area of generally stratified glacial deposits, predominantly sand and gravel, exhibiting moderate to high permeability favorable for location of wells capable of yielding 300 gallons per minute or more, as shown on the Zoning Map.
Nondomestic, nontoxic, nonhazardous, liquid or solid waste by-products associated with the manufacture or preparation of a product, including but not limited to hardware, dry goods, foodstuffs and printed material.
An area of porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel ("stratified drift") through which water from any source drains into an aquifer, including any wetland or body of surface water surrounded by or adjacent to such area, together with the watershed of any such wetland or body of surface water.
Wastewater arising from ordinary water use from toilets, sinks and bathing facilities, and containing such concentrations and types of pollutants as are considered normal domestic wastes.
An area that was derived from the Massachusetts Department of Environmental Protection (DEP) Zone 2, in accordance with the Massachusetts Drinking Water Regulations (310 CMR 22.00). The area is defined under 310 CMR 22.02, as that 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 approved yield, with no recharge from precipitation). It is bounded by the groundwater divides, which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, the area shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary).
Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing. This includes but is not limited to rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.
Land within 2,000 feet of a public well or wellpoint, as shown on the Zoning Map, unless otherwise determined by the Board of Appeals. (See § 300-16.3A.)
§ 300-16.3 Establishment of Aquifer Protection District.
For the purposes of this Bylaw, there is hereby established within the Town of Medfield an Aquifer Protection District consisting of Well Protection Districts (Zone 1), Primary Aquifer Zone and Secondary Aquifer Zone (Zone 2) as delineated on the Zoning Map.
A.
Determination of location in Well Protection District. Any owner of, or other party interested in, land within 2,000 feet of a public well may apply to the Board of Appeals for a determination that the land is not located within the area of influence of the well. If such a determination is made, the land is deemed not to be in the Well Protection District. At the request of the owner, the Town may engage a qualified professional geologist, hydrogeologist or engineer trained and experienced in hydrogeology to assist in determination of the location of the applicant's property in relation to the area of influence. The Town may charge the applicant for all or part of the cost of the investigation.
B.
Determination of location in Primary and/or Secondary Aquifer Zones. Where the boundaries of the Primary and/or Secondary Aquifer Zones as delineated are in doubt or in dispute, the burden of proof shall be upon the owner of, or other party interested in, the land in question to show where they should properly be located. At the request of the owner, the Town may engage a qualified professional geologist, hydrogeologist or engineer trained and experienced in hydrogeology to assist in determination of the location of the applicant's property in relation to the Primary and/or Secondary Aquifer Zones. The Town may charge the applicant for all or part of the cost of the investigation.
§ 300-16.4 Establishment of use regulations.
The Aquifer Protection District is superimposed over all other districts established by this Bylaw. Only those uses specifically allowed by these use regulations and also allowed in the underlying district by other provisions of this Bylaw are permitted in the Aquifer Protection District.
§ 300-16.5 Uses in Well Protection District (Zone 1).
A.
Permitted uses in Zone 1. The following uses are permitted in the Well Protection District, provided that all necessary permits, orders and approvals required by local, state and federal law also are obtained:
(1)
Conservation of soil, water, plants and wildlife;
(2)
Outdoor recreation, including boating, fishing, nature study and hunting where otherwise legally permitted;
(3)
Foot, bicycle and horse paths and bridges;
(4)
Normal operation and maintenance of existing water bodies, dams, splashboards and other water control, supply and conservation devices;
(5)
Any residential construction connected to the Town sewer system, provided that no construction shall be permitted within 400 feet of a public well or wellpoint;
(6)
Construction of a single-family dwelling on a lot of more than 80,000 square feet by special permit from the Board of Appeals (see § 300-16.8), provided that no construction shall be permitted within 400 feet of a public well or wellpoint;
[Amended 4-28-2014 ATM by Art. 33]
(7)
Nonintensive farming, gardening, nursery, conservation, forestry, harvesting and grazing uses, provided that hazardous materials are not used except in quantities normally associated with household use;
(8)
Necessary public utilities or facilities if designed so as to prevent contamination of groundwater.
B.
Prohibited uses in Zone 1. The following uses are prohibited in the Well Protection District:
(1)
Any use prohibited in the Primary or Secondary Aquifer Zones;
(2)
Underground storage tanks, septic tanks except as permitted by Subsection A(6), and pipelines and injection wells;
(3)
Storage of liquid petroleum products of any kind except those normally associated with operating a residence, and except for storage of fuel in a freestanding container within a building for the heating of that building;
(4)
Storage of hazardous materials;
(5)
Disposal of leachable wastes;
(6)
Disposal of solid waste other than brush, leaves and grass clippings, or stumps;
(7)
Storage of road salt or other deicing chemicals;
(8)
Industrial and commercial uses;
(9)
Outdoor storage of fertilizers, herbicides and pesticides, and outdoor uncovered storage of manure;
(10)
Animal feedlots;
(11)
Use of hazardous material in cleaning septic systems;
(12)
Disposal of septage waste;
(13)
Any other use which involves as a principal or accessory activity the manufacture, storage, use, handling, transportation or disposal of hazardous materials except in quantities normally associated with operating a single-family dwelling.
[Amended 4-28-2014 ATM by Art. 33]
§ 300-16.6 Uses in Primary Aquifer Zone.
A.
Permitted uses in Primary Aquifer Zone. All uses permitted in a Well Protection District, and the following uses, are permitted in a Primary Aquifer Zone, provided that all necessary permits, orders and approvals required by local, state and federal law also are obtained:
(1)
Commercial uses, limited to retail, shopping and business or professional offices on lots of less than 40,000 square feet;
(3)
Residential development of single-family dwellings on lots of at least 40,000 square feet in area;
(4)
Any residential development permitted in the underlying district which is connected to the Town sewer system.
B.
Prohibited uses in Primary Aquifer Zone. The following uses are prohibited in a Primary Aquifer Zone:
(1)
Underground storage of hazardous materials;
(2)
Injection wells of any kind, as defined by 310 CMR 27.03, except by special permit from the Board of Appeals;
(3)
On-site disposal of hazardous materials;
(4)
Disposal of leachable wastes other than from a residential septic system or the Medfield sewer system;
(5)
Storage of hazardous materials as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity;
(6)
Storage of deicing chemicals unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(7)
Disposal of snow that contains deicing chemicals and that has been brought in from outside the district;
(8)
Industrial uses that discharge water containing process waste on site;
(9)
Automotive and boat service, washing and repair shops;
(10)
Junk and salvage yards;
(11)
Dry-cleaning establishments;
(12)
Metal plating or etching;
(13)
Chemical and bacteriological laboratories;
(16)
Treatment or disposal works for non-sanitary wastewaters which discharge to the ground and that are subject to 314 CMR 5.00, except the following:
(17)
(18)
Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate;
(19)
Storage of animal manure unless covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service;
[Amended 4-28-2014 ATM by Art. 33]
(20)
Storage of liquid hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity;
(21)
Storage of liquid petroleum products, except the following:
(a)
(i) Normal household use, outdoor maintenance, and heating of a structure; (ii) waste oil retention facilities required by statute, rule, or regulation; (iii) emergency generators required by statute, rule, or regulation; (iv) treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters, provided that such storage, listed in items (i) through (iv) above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
(b)
The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), unless the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works.
§ 300-16.7 Uses in Secondary Aquifer Zone (Zone 2).
A.
Permitted uses over the Zone 2 area. All proposed uses permitted in a Well Protection District and the Primary Aquifer Zone are permitted in the Zone 2 area, provided that all necessary permits, orders and approvals required by local, state and federal law also are obtained.
B.
Prohibited uses in the Zone 2 area are governed by the Massachusetts drinking water regulations [310 CMR 22.21(2)]. Therefore, prohibited proposed uses include the following:
(2)
Landfills receiving only wastewater residuals and/or septage (wastewater residuals "monofills");
(4)
Stockpiling and disposal of snow and ice removed from highways and streets located outside of Zone 2 that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal;
(5)
Petroleum, fuel oil, and heating oil bulk stations and terminals, including but not limited to those listed under the U.S. Office of Management and Budget Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983;
(6)
Treatment and disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the SIC Codes set forth in 310 CMR 15.004(6) (Title V), except the following:
(7)
(8)
The siting of the following land uses, unless designed in accordance with the performance standards specified below and in 310 CMR 22.21(2)(b):
(b)
Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(c)
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;
(d)
Storage of animal manures, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(e)
Storage of liquid hazardous waste materials as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:
(i)
Above ground level;
(ii)
On an impervious surface; and
(iii)
Either:
[a]
In a container(s) or aboveground tank(s) within a building; or
[b]
Outdoors in covered containers or an aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity, or 110% of the largest container's storage capacity, whichever is greater.
However, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storage of gasoline, provided that the replacement is performed in a manner consistent with state and local requirements. |
(f)
Removal of soil, loam, sand, gravel or any other mineral substances within four feet of an historical high groundwater table elevation (as determined by the U.S.G.S.), unless the substances removed are either redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark (except for excavations for the construction of building foundations or the installation of utility works, or wetlands restoration work conducted in accordance with a valid order of conditions issued pursuant to MGL c. 131, § 40) or conducted in accordance with other applicable local rules and regulations; and
(g)
The land use that results in the rendering impervious of more than 15% or 2,500 square feet of any lot or parcel, whichever is greater, unless a system for artificial recharge of precipitation is approved that will not result in the degradation of groundwater quality.
§ 300-16.8 Uses by special permit from Board of Appeals.
A.
In addition to those uses otherwise permitted by this Article, and not otherwise prohibited by this Bylaw, the following uses may be permitted in the Aquifer Protection District by special permit from the Board of Appeals in accordance with Article 14 and any additional conditions specified hereunder:
(1)
Construction of a single-family dwelling in Zone 1 with on-site septic system on a lot of more than 80,000 square feet.
[Amended 4-28-2014 ATM by Art. 33]
(2)
Commercial and industrial uses, provided that:
(a)
No more than 40% of the lot is rendered impervious and provided that if the use will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater, then a system for groundwater recharge must be provided which does not degrade groundwater quality;
(b)
Roof, parking and drive runoff is recharged on site to the maximum extent practicable as determined by the Board of Appeals;
(c)
The runoff from the parking and drive areas shall be discharged to petroleum trap catch basins with appropriate sumps prior to recharge;
(d)
There shall be no manufacturing, storage, handling, use or transportation of hazardous wastes as defined in MGL c. 21C, as amended; and
(e)
Hazardous material other than hazardous waste may be stored, handled, used or transported only upon conditions imposed by the Board of Appeals to safeguard the underground water supply.
(3)
The application of fertilizers for uses that are nondomestic and noncommercial, provided that:
(a)
Such application shall be made in such a manner as to minimize adverse impacts to surface water and groundwater due to nutrient transport and deposition or sedimentation.
(4)
Injection wells.
B.
Additional requirements.
(1)
In addition to the requirements of Article 14, each application under this Article shall include the following information:
(a)
A complete list of all chemicals, pesticides, fuels, and other hazardous materials to be used, handled or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage, and to provide for control of spills.
(b)
A description of hazardous wastes to be generated, indicating storage and disposal methods.
(c)
Evidence of approval by the Massachusetts DEP of any industrial waste treatment or disposal system or any wastewater treatment system where such approval is required.
(2)
In addition to the requirements of Article 14, the Board of Appeals shall refer copies of the application to the Conservation Commission, the Water and Sewerage Board, the Building Inspector and the Hazardous Waste Committee, if any, which shall review, either jointly or separately, the application and shall submit their recommendations to the Board of Appeals. Failure to make recommendations within 35 days of the referral of the application shall be deemed lack of opposition.
(3)
In addition to the findings required under Article 14, prior to issuing a special permit under this Article 16, the Board of Appeals shall also find that the proposed use:
(a)
Is in harmony with the purpose and intent of this Bylaw and will promote the purposes of the Aquifer Protection District;
(b)
Is appropriate to the natural topography, soils and other characteristics of the site to be developed; and
(c)
Will not, during construction or thereafter, have an adverse environmental impact on a primary aquifer or recharge area.