The purpose of this water resource protection district is:

1.

To promote the health, safety, and general welfare of the community by ensuring an adequate quantity and highest quality of water possible for residents, institutions and businesses of the City of Newburyport.

2.

To preserve and protect existing and potential watersheds and aquifers for drinking water supplies.

3.

To prevent temporary and permanent contamination in the water resource protection district.

4.

To protect the community from the detrimental use and development of land and water within the water protection district.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

The water resource 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 which fall within the water resource protection district shall comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be allowed in the water resource protection district.

(Ord. of 7-27-98(5))

For the purpose of this ordinance [section], the following words and phrases shall have the following meanings:

Aquifer. Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

Disposal. The deposit, injection, dumping, spilling, leaking, incineration, discharge, or placing of any material into or on any land or surface water or groundwater so that such material or any constituents thereof may enter the environment or be emitted into the air or discharged into any waters subject to this ordinance.

Disturbance. Activities including, but not limited to land clearing and grading, tree and shrub removal, mowing, burning, spraying, grazing, soil and gravel removal, all construction and any other unlawful or disruptive activities.

Groundwater. All water beneath the surface of the ground in a saturated zone.

Impervious. Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

Mining. The removal or relocation of geological materials such as topsoil, sand, gravel, metallic ores, or bedrock.

Recharge areas. Areas that collect precipitation or surface water and transmit it to aquifers.

Surface water. All water open to the atmosphere and subject to surface runoff, including but not limited to rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and vernal pools.

Water resource protection district. The zoning district defined to overlay other zoning districts in the city. The water resource protection district includes three distinct watershed zones for surface water sources: Zone A, Zone B and Zone C. The water resource protection district includes two distinct zones for groundwater sources: Zone I and Zone II.

Toxic or hazardous material. Any substance or mixture of substances which, because of its physical, chemical or infectious characteristics, posing a significant actual or potential hazard to water supply or to human health if such substance or mixture were discharged to land or water of the city. 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 M.G.L.A. c. 21C and 21E, and 310 CMR 30.00 as well as such products as solvents and thinners in quantities greater than those associated with normal household use.

Tributary. Any body of running, or intermittently running, water which moves in a definite channel, naturally or artificially created, in the ground due to a hydraulic gradient, and which ultimately flows into a Class A surface water source, as defined in 314 CMR 4.05(3)(a).

Watershed. Land area bounded by a ridgeline of higher elevation, or drainage divide, from which surface runoff and groundwater flow downgradient into streams, ponds, reservoirs, wetlands, and aquifers. An aquifer is located within a watershed and is recharged by precipitation falling on watershed land.

The watershed zones are generally defined by the direction of the flow of water. These zones are specifically shown on the delineation map identified in section XIX-D of this ordinance entitled "Water Resource Protection District, City of Newburyport". The watershed zones are described as follows:

Watershed Zones:

a.

Zone A: (a) The land area between the surface water source and the upper boundary of the bank; (b) the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05 (3)(a); and (c) the land area within a two hundred-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.

b.

Zone B: The land area within one-half mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of the watershed, whichever is less. However, Zone B shall always include the land area within a four-hundred-foot lateral distance from the upper boundary of the bank of the Class A surface water source.

c.

Zone C: The land area not designated as Zone A or Zone B within the watershed of a Class A water source as defined in 314 CMR 4.05(3)(a).

d.

Zone I: The zone encompassing the area which falls within a four-hundred-foot radius from the municipal well shaft.

e.

Zone II: The area of an aquifer which contributes water to a municipal well under the most severe pumping and recharge conditions that can be realistically anticipated (one hundred eighty (180) days of pumping at safe yield with no recharge from precipitation), as defined in 310 Code of Massachusetts Regulations (CMR) 22.00.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

This ordinance establishes within the City of Newburyport certain water resource protection zones, consisting of watershed areas of the Indian Hill Reservoir, Artichoke Reservoir, Bartlett Spring Pond and Zone I and Zone II of the groundwater sources, which are delineated on a map. This map is at a scale of one inch to eight hundred (800) feet and is entitled "Water Resource Protection District, City of Newburyport" dated February 25, 2003. This map is hereby made part of the city zoning ordinance and is on file in the office of the city planner and water department office.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

Water supply related activities will not be subject to regulations within this ordinance [section].

The following uses are allowed within the water resource protection district, provided that all necessary permits, orders, or approvals required by local, state or federal law are first obtained:

1.

Conservation of soil, water, plants, and wildlife.

2.

Outdoor recreation, nature study, boating, fishing, and hunting where legally permitted, subject to sections XIX-H, I, and J (prohibited uses) and section XIX-K (special permitted uses).

3.

Foot and/or bicycle paths and associated bridges.

4.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply, and conservation devices.

5.

Maintenance, repairs, and enlargement of any existing structure, subject to sections XIX-H, I, and J (prohibited uses) and section XIX-K (special permitted uses).

6.

Residential development, subject to sections XIX-H, I, and J (prohibited uses) and section XIX-K (special permitted uses).

7.

Farming, gardening, nursery, conservation, harvesting, and grazing, subject to sections XIX-H, I, and J (prohibited uses) and section XIX-K (special permitted uses).

8.

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically allowed.

(Ord. of 7-27-98(5))

Notwithstanding the general power conferred by section X-H(6)(A) of the zoning ordinance upon the planning board to grant use variances, no use variance shall be granted so as to permit any of the uses prohibited by the foregoing section.

The following uses are prohibited within the entire water resource protection district:

1.

Landfills and open dumps as defined in 310 CMR 19.006.

2.

Landfilling of sludge or septage as defined in 310 CMR 32.05.

3.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

4.

Automobile graveyards and junkyards, as defined in M.G.L.A. c. 140B, § 1.

5.

Storage of liquid hazardous materials, as defined in M.G.L.A. c. 21E, unless in a freestanding containers within a building or above ground with secondary containment adequate to contain a spill one hundred ten (110) percent the size of the containers total storage capacity.

6.

Stockpiling and disposal of snow and ice containing deicing chemicals as well as disposal of such material directly into a tributary to the principal water supply.

7.

Structures other than those related to flood control or water supply, within the Zone A or Zone I.

8.

Placement of fill, unless the fill has been designated as "clean fill."

9.

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.

10.

Any other activity deemed likely to cause or contribute to the contamination of the public water supply.

11.

No water shall be diverted out the water resource protection district.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

In addition to prohibitions in section XIX-H, the following uses are prohibited within the Zone A, Zone B, Zone I, and Zone II of the water resource protection district:

1.

Individual sewage disposal systems that are designed and located in accordance with 310 CMR 15.000 to receive more than one hundred ten (110) gallons of sewage per quarter acre under one ownership per day, or four hundred forty (440) gallons of sewage on any acre under one ownership per day, whichever is greater, except the replacement or repair of an existing system that will not result in design capacity above the original design.

2.

Storage of animal manure unless covered or contained so as to prevent the generation and escape of contaminated runoff or leachate.

3.

Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within six (6) 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.

4.

Facilities that generate, treat, store, or dispose of hazardous waste subject to M.G.L.A. c. 21C and 310 CMR 30.00, except the following:

a.

Waste oil retention facilities required by M.G.L.A. c. 21C, § 52A.

b.

Water remediation treatment works approved under 314 CMR 5.00.

5.

Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

a.

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.

Replacement of existing subsurface sewage disposal system(s) with waste treatment works that will not result in a design capacity greater than the design capacity of the existing sewage disposal system(s).

c.

Treatment works designed for the treatment of contaminated surface water and groundwater, approved by the Massachusetts Department of Environmental Protection.

6.

Industrial and commercial uses which discharge process wastewater on site.

7.

Alteration of any bordering vegetated wetland.

8.

Incinerators.

9.

Storage of liquid petroleum products, except the following:

a.

Normal household use, outdoor maintenance, and heating of a structure.

b.

Waste oil retention facilities required by statute, rule, or regulation.

c.

Emergency generators required by state regulations.

d.

Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters.

Provided that such storage, listed in items a. through d. above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of one hundred ten (110) percent [of] the container's total storage capacity.

10.

Commercial repair, servicing, washing, and rebuilding of vehicles, boats, and other large motorized equipment other than for normal household or farming activities.

11.

Storage of commercial fertilizers, as defined in M.G.L.A. c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

(Ord. of 7-27-98(5))

In addition to the prohibitions and restrictions in sections XIX-H and I of this water resource protection district, the following activities are prohibited within the Zone A and Zone I, but are not limited to this list.

1.

Any activity, other than for flood control or municipal water supply, which causes earth movement or disturbance.

2.

Construction or placement of any permanent structures, other than those associated with flood control or water supply.

3.

Any surface or subsurface discharge, including, but not limited to, stormwater or hazardous materials, except as allowed by special permit.

4.

Wading, swimming, bathing or boating in the municipal water supply or its tributaries.

5.

Horse paths.

6.

Construction of new roads.

7.

Any burial place or cemetery within one hundred (100) feet of the high water mark of a tributary.

8.

Storage of animal manure, even if covered and contained.

9.

Facilities that generate, treat, store, or dispose of hazardous waste subject to M.G.L.A. c. 21C and 310 CMR 30.00, regardless of size and quantity of hazardous waste generated.

10.

Snowmobiling, dirt biking, all terrain vehicles (ATVs), sea planes and any other activities that in the opinion of the SPGA presents a threat to the water supply or the watershed.

(Ord. of 7-27-98(5))

The following uses and activities are allowed only upon the issuance of a special permit by the planning board under such conditions as the board may require.

1.

Enlargement or alterations of existing uses that do not conform to the water resource protection district.

2.

Application of pesticides, herbicides, insecticides, fungicides, and rodenticides for nondomestic or nonagricultural uses in accordance with the state and federal standards. The special permit shall be granted if such standards are met. If applicable, the application shall provide documentation of compliance with a yearly operating plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00.

3.

Application of fertilizers for nondomestic or nonagriculture uses. Such application shall be made in a manner so as to minimize adverse impacts to surface water and groundwater quality due to nutrient transport, deposition, and sedimentation.

4.

Activities which involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, if allowed in the underlying zoning (except as prohibited under sections XIX-H, I, and J). Such activities shall require a special permit to prevent contamination of surface water and groundwater.

5.

Construction of dams or other control devices, ponds or other changes in water bodies or courses, created for swimming, fishing or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity.

6.

Any use that will render impervious more than five thousand (5,000) square feet of a residential lot or ten thousand (10,000) square feet of a nonresidential lot. A system for groundwater recharge shall be provided which does not degrade ground or surface water quality. For all nonresidential uses, recharge shall be by storm water infiltration basins or similar systems covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such infiltration basins and dry wells shall be preceded by oil, grease, and/or sediment traps to facilitate removal of contaminants. All recharge areas shall be regularly maintained in proper working order by the owner.

7.

Residential construction upon a lot with an average slope exceeding fifteen (15) percent. An acceptable plan for site stabilization and control of erosion and sedimentation shall be provided.

8.

Any new stormwater runoff shall be set back from the receiving water a minimum of one hundred (100) feet, and shall include best management practices appropriate to the site. Existing and replacement discharges shall be set back from the receiving water when either the site stormwater drainage system is changed or the discharge is increased. The best management practices shall be designed so as to maximize infiltration and minimize erosion, and to mitigate water quality impacts, including those due to total suspended solids and oil and grease. This applies to stormwater runoff from all impervious surfaces, including roads and parking lots.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

1.

The special permit granting authority (SPGA) under this ordinance shall be the planning board. Such special permit may be granted if the SPGA determines, in conjunction with the board of water commission, sewer commission, board of health, conservation commission and department of public works that the intent of this ordinance, 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 municipal boards or agencies in its decision.

2.

Upon receipt of the special permit application and filing fee, the SPGA shall transmit one copy each to the board of water commission, sewer commission, board of health, conservation commission and the department of public works for their written recommendations. Failure to respond in writing within sixty (60) days of receipt shall indicate approval or no desire to comment by said agency. The requisite number of application copies shall be furnished by the applicant.

3.

The SPGA may grant the required special permit only upon finding that the proposed use meets the requirements specified in sections XIX-E, F, G, H, and I of this ordinance, any regulations or guidelines adopted by the SPGA, and the following standards. The proposed use must:

a.

In no way adversely affect the existing or potential quality or quantity of water that is available for on-site recharge in the water resource protection district, during or after construction.

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, in adherence to the practices outlined in "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts" (USDA Soil Conservation Services, October 1977).

4.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the city.

5.

The applicant for a special permit shall file fifteen (15) copies of a site plan and attachments. The site plan shall be drawn at a proper scale and be stamped by a professional engineer as determined by the SPGA. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall include at a minimum the following information where pertinent:

a.

A complete list of chemicals, pesticides, 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:

i.

Provisions to protect against the discharge of hazardous materials or waste to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures.

ii.

Provisions for indoor secured storage of hazardous materials and waste on impervious floor surfaces.

iii.

Evidence of compliance with Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

c.

Proposed down-gradient locations for surface water or groundwater monitoring should the SPGA deem the activity a potential surface water or groundwater threat.

6.

The SPGA shall hold a public hearing, in conformity with the provision of M.G.L.A. c. 40A, § 9, within ninety (90) days after the filing of the application and after the review by the appropriate city boards, departments, and commissions.

Notice of the public hearing shall be given by publication and posting and by first-class mailing to "parties of interest" as defined in M.G.L.A. c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and city clerk within ninety (90) days following the closing of the public hearing. Failure of the SPGA to act within ninety (90) days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said M.G.L.A. c. 40A, § 11.

(Ord. of 7-27-98(5); Ord. of 10-27-03)

Written notice of any violation of this ordinance [section] shall be given by the building inspector/code enforcement officer to the responsible person as soon as possible upon observation, detection, knowledge or proof that a violation has occurred. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirements or restriction violated and the nature of the violation, and may also identify the actions to remove or remedy the violations, preventive measures required for avoiding future violations, and a schedule of compliance. A copy of such notice shall be submitted to the board of water commission, sewer commission, building inspector, board of health, conservation commission and department of public works. The cost of containment, cleanup, or other action of compliance shall be borne by the assessed owner of the property.

For situations that require remedial action to prevent impact to the water resources within the water resource protection district, the building inspector, the board of health, or any of their agents may order the owner and/or operator of the premises to remedy the violations. If said owner and/or operator does not comply with said order, the building inspector, the board of health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The cost of remediation shall be the sole responsibility of the owner and/or operator of the premises.

(Ord. of 7-27-98(5))

A determination that any portion or provision of this water resource protection district ordinance is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit issued previously thereunder.

(Ord. of 7-27-98(5))