Northampton City Zoning Code
SECTION 15
Water Supply Protection District 1
§ 350-15.1 Purpose.
The purpose of this section is to promote the health, safety and welfare of the community by protecting and preserving the public drinking water resources of Northampton and abutting communities from any use of land or structures which reduces the quality or quantity of its public drinking water resources. There is sufficient data to show that the minimum lot size in water supply areas should be at least 80,000 square feet (e.g., the Ward Mott study performed for the Northampton drinking water supply), although smaller and larger minimum lot sizes are not uncommon. As such, it is the purpose of this zoning to generally have a minimum lot size of 80,000 square feet.
§ 350-15.2 District superimposed on other districts.
A.
The Water Supply Protection District-Overlay (O) shall be superimposed on the commercial districts established by this chapter. All uses, dimensional requirements and other provisions of this chapter applicable to such underlying districts shall remain in force and effect, except that where the Water Supply 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.
B.
The Water Supply Protection District base district shall have the same restrictions as the overlay, but is generally applied in the areas intended for low density residential use.
§ 350-15.3 Boundaries.
The Water Supply Protection Districts are herein established to include all specified lands within the City of Northampton. The intent of the Water Supply Protection Districts is to include lands lying within the primary and secondary recharge areas of groundwater aquifers which provide public water supply, as well as watersheds of public surface water supplies.
§ 350-15.4 Prohibited uses.
The following uses are prohibited in the Water Supply Protection Districts:
A.
All uses which manufacture, process, store or dispose of hazardous materials as a principal activity, including, but not limited to, metal plating, chemical manufacturing, wood preserving and furniture stripping, auto body repair and dry cleaning.
C.
Trucking or bus terminals; motor vehicle gasoline sales.
D.
Car washes, except when located on public water/sewer systems and disposing of wastewater in said sewer system.
E.
Sanitary landfills and open dumps, as defined in 310 CMR 19.01 as amended, except for sanitary landfills that have a site assignment permit issued in accordance with 310 CMR 16.000 that predates the adoption of this amendment and a heavy public use special permit from City Council. Specific landfill operations and types of wastes accepted must be in accordance with Massachusetts Department of Environmental Protection Solid Waste Management Facility Regulations (310 CMR 19.000) and policies. Ancillary operations associated with the landfill facility are also acceptable, including various recycling collections, household hazardous waste collection events, leaf and yard waste composting and composting of other organic materials.
F.
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1, as may be amended, solid wastes, and junk and salvage yards.
G.
Business and industrial uses which involve the on-site disposal of process wastes from operations.
H.
Animal feedlots exceeding 10 animals.
I.
Disposal of liquid or leachable wastes, including:
(1)
The installation or enlargement of a subsurface waste disposal system and any wastewater treatment works that discharges onto or below the land for any building or use when it is feasible to hook into a municipal sanitary sewer system B.
(2)
Business or industrial uses which involve the on-site disposal of wastes from personal hygiene and food preparation for residents, patrons and employees.
J.
Petroleum, fuel oil and heating oil bulk stations and terminals and underground storage of oil, gasoline and all other petroleum products, excluding propane, liquefied petroleum, and natural gases. Notwithstanding this prohibition, such storage shall be allowed outside of any DEP aquifer zone I and II as follows:
(1)
Underground storage of heating oil shall be allowed where natural gas is not available and where such storage meets all requirements for secondary containment specified in 527 CMR 1-50; or
(2)
When storage is incidental to emergency generators required by statute, rule or regulation, provided that such storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.
K.
Underground transmission of oil, gasoline or other petroleum products, excluding propane, liquefied petroleum and natural gases.
L.
Storage of sodium chloride (road salt), calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads, unless such storage does not exceed 50 gallons and is within a structure designed to prevent the generation of contaminated run-off and the off-site stockpiling and disposal of snow or ice containing sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads which has been removed from highways and streets (other than by plowing to the edge of the street).
M.
Outdoor storage of pesticides or herbicides, including those defined in MGL c. 132B, § 2, as may be amended, the storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, as may be amended, and the stockpiling of animal manures, unless such storage is within a building or structure with an impermeable cover and liner designed to prevent the generation of contaminated run-off or leachate and accidental release onto or below the land surface.
N.
The use of septic system cleaners which contain toxic chemicals, including, but not limited to, methylene chloride and 1-1-1 trichlorethane.
O.
Medical, testing and research laboratories that dispose of biological or chemical wastes.
§ 350-15.5 Restrictive uses.
A.
Excavation for removal of earth, sand, gravel and other soils shall not extend closer than five feet above the annual high groundwater table, as determined by the Building Commissioner. The burden of proof is on the applicant to demonstrate the depth to annual high groundwater. In addition to information provided by the applicant, the permit granting authority can rely on and other maps, studies, or technical information the permit granting authority may deem relevant. This restriction shall not apply to:
(1)
Sand and gravel operations legally operating on the date of adoption of this amendment, provided access roads to the operation include a gate or other secure mechanism to restrict public access to the site.
(2)
Driveways, walkways and structures extending no more than six inches into the ground.
(3)
Construction of stormwater detention or retention basins or the construction of wetland replication areas.
(4)
Water lines, sewers, storm sewers, utility lines, gas lines, and similar underground conduits and conveyances.
(5)
Uses incidental to permitted uses, including, but not limited to, providing for the installation of structural foundations; provided, however, that the Building Commissioner finds that when such uses are within three feet of the annual high groundwater table:
(a)
Such uses shall incorporate a drainage system to ensure that groundwater intercepted by footing and curtain drains is discharged into the ground to recharge the groundwater; and
(b)
That any floor drains inside of a structure discharge in such a way that any hazardous materials leaks can be cleaned up more easily than if the drains discharge directly into the soil.
B.
The use of sodium chloride for ice control shall be minimized, consistent with public highway safety requirements.
C.
Commercial fertilizers, pesticides, herbicides, or other leachable materials shall not be used in amounts which result in groundwater contamination.
D.
Permitted aboveground storage tanks for oil, gasoline or other petroleum products (in accordance with § 350-15.4J) shall be placed within a building with an impermeable basement or placed on a diked, impermeable surface to prevent spills or leaks from reaching groundwater, consistent with the storage containment requirements for aboveground storage tanks in 310 CMR 22.21(2)(b)(5)..
§ 350-15.6 Drainage.
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. Any and all recharge areas shall be permanently maintained in full working order by the owner.
§ 350-15.7 Uses by special permit.
A.
Uses which may otherwise be permitted in accordance with the zoning and which shall file an application for a special permit under this section are:
(1)
Business and industrial activities permitted in the underlying district (either by matter of right or by special permit);
(2)
Any excavation incidental to a permitted use within three feet of the annual groundwater table;
(3)
Any site alteration, structure or impervious surface, except for municipal uses, within 200 feet of a watercourse as defined under § 310-15.9 of these regulations.
B.
Special permit and site plan approval applications for activities in the Water Supply Protection Districts must include the following, in addition to other requirements of this chapter:
(1)
Provisions to prevent contamination of groundwater by petroleum products, hazardous materials or wastes;
(2)
Drainage recharge features and provisions to prevent loss of recharge;
(3)
Provisions to control soil erosion and sedimentation;
(4)
Provisions to prevent soil compaction;
(5)
Provisions to prevent seepage from sewer pipes;
(6)
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 comply with the design and operations guidelines specified in § 350-15.8 of this chapter;
C.
After public hearing and due consideration of the recommendations it has received, the Planning Board may grant a special permit if it finds that the proposed use:
(1)
Is in harmony with the purpose and intent of this chapter and will promote the purposes of the Water Supply Protection Districts;
(2)
Is appropriate to the natural topography, soils and other characteristics of the site to be developed;
(3)
Has adequate public sewerage and water facilities, or the suitable soil for on-lot sewerage and water systems;
(4)
Will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district; and
(5)
Will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District.
§ 350-15.8 Design and operations guidelines.
Businesses and industries shall make provisions for protection against toxic or hazardous materials, discharge or loss resulting from corrosion, accidental damage, spillage or vandalism, including, but not limited to, the following:
A.
Spill containment and cleanup provisions to prevent hazardous material spillage to the environment;
B.
Provisions for the prevention of corrosion and leakage of containers storing hazardous materials;
C.
Provisions for indoor, secured storage of hazardous materials and accumulated hazardous wastes, and for protection from vandalism; and
D.
Provisions for impervious floor surfaces where hazardous materials are used or stored with no drainage discharge to the environment.
§ 350-15.9 Additional dimensional and density regulations.
A.
The minimum lot size for any use in the Water Supply Protection District and the WSP-O shall be 40,000 square feet.
B.
The maximum coverage of impervious surface (building, driveways, etc.) shall be 15% of any newly created lot after the effective date of this ordinance, unless a system for artificial recharge of precipitation that will not result in groundwater pollution is provided and granted a special permit under § 350-15.7 of these regulations. Notwithstanding anything in this chapter, however, the Building Commissioner may allow the following without a special permit:
(1)
Uncovered decks when rainwater can drip between deck boards and fall to the ground and there is no impervious cover below the deck; and/or
(2)
Up to a total of 30% impervious cover when roof drainage is captured by gutters and drained into an adequately sized dry well, such that the area of the roof recharging into the groundwater is equal to or greater than the area of impervious surface in excess of 15%.
C.
No site alterations, structure, or impervious surface, except for municipal uses, shall be placed within 200 feet of any watercourse, including streams which do not flow throughout the year (i.e., which are intermittent), but excluding streams which are up-gradient of all bogs, swamps, wet meadows, and marshes, where said watercourse is a tributary to a public water system, unless a special permit is granted under this chapter.