Northbridge City Zoning Code
ARTICLE XIII
Aquifer Protection Districts
§ 173-70 Purpose.
The purpose of the Aquifer Protection Districts is to protect the public health by preventing contamination of the ground and surface water resources providing public water supply.
§ 173-71 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any substance or combination of substances which, 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 into or on any land or water in the Town of Northbridge. Any substance deemed a hazardous waste under Section 3001 of the Resource Conservation and Recovery Act of 1976, as amended, 40 CFR, Part 261, shall also be deemed a hazardous material for the purposes of this Zoning chapter.
Impenetrable by surface water.
The area of the aquifer and upland till/bedrock recharge areas which contribute water to a well under severe recharge and pumping conditions. Zone 1 is indicated on the Aquifer Protection Districts Map. Zone 1 includes, but is not limited to, that area of land to be regulated by the Town pursuant to 310 CMR 22.21, Subsection 2, in which the Town is charged with the acquisition of land around Town wells to prevent contamination of drinking water supplies.
The land beyond Zone 1 from which surface water drains into Zone 1. Zone 2 is indicated on the Aquifer Protection Districts Map.
§ 173-72 Establishment of Districts.
A.
Overlay districts. The Aquifer Protection Districts are herein established as overlay districts. The Aquifer Protection Districts include the wellfields of the Whitinsville Water Company and all of the surrounding drainage basins to the extent of the watershed divide. The Aquifer Protection Districts are described on a map entitled "Aquifer Protection Districts, Town of Northbridge, February 9, 1995" with zone boundary lines prepared by Whitman and Howard of Wellesley, Massachusetts. This map is hereby made a part of this Zoning chapter and is on file in the office of the Town Clerk.
(1)
The boundaries of the Aquifer Protection Districts (Zone 1 and Zone 2) are shown on a map entitled Northbridge, Massachusetts Zoning Overlay Districts prepared by CMRPC (Central Mass Regional Planning Commission) dated October 2012.
[Added 10-23-2012 ATM, Art. 15]
B.
Boundary disputes.
(1)
Where the bounds of the Aquifer Protection Districts are in dispute, as delineated on the Aquifer Protection Districts Map, the burden of proof shall be upon the owners of the land in question to show where they should properly be located. Resolution of boundary disputes shall be through a special permit application to the Planning Board for a waiver from the provisions of this article. The Planning Board shall not grant a special permit under this section unless the applicant demonstrates, in conformance with the criteria set forth in 310 CMR 24.00, that the provisions governing the Aquifer Protection District(s) under this article may be waived without detrimental effect to groundwater quality as specified herein. Any application for a special permit under this subsection shall be accompanied by documentation prepared by a person who meets the following two requirements:
(a)
Is experienced in delineating hydrogeologic zones in Massachusetts; and
(b)
Has one of the following credentials:
Title | Conferring Entity | |
|---|---|---|
Registered professional hydrogeologist | American Institute of Hydrology | |
Certified professional geologic scientist | American Institute of Professional Geological Scientists | |
Registered professional engineer, sanitary | Commonwealth of Massachusetts | |
Certified groundwater professional | Association of Ground- water Scientists and Engineers | |
Certified professional soil scientist | American Registry of Certified Professionals in Agronomy, Crops and Soils, Ltd. |
(c)
As an exception to the above requirement, a registered land surveyor may make a determination of the location and extent of Zone 2, by defining the watershed in which the Town well is located. The determination of the location and extent of Zone 1 shall be in conformance with the criteria set forth in 310 CMR 24.00, the Aquifer Land Acquisition Program, as administered by the Massachusetts Department of Environmental Protection. The applicant shall provide information in substantial conformance with specifications for delineation of Zones 2 and 3, therein, on file with the Town Clerk. Whenever an application for a special permit is filed with the Planning Board under this section, the Planning Board and the applicant shall fulfill the requirements of § 173-47, herein.
§ 173-73 Use regulations. [1]
A.
Within an Aquifer Protection District, the requirements of the underlying districts continue to apply, except that uses are prohibited where indicated by "-" in the following schedule, and require a special permit where indicated by "S", even where the underlying district requirements are more permissive. Uses permitted in an Aquifer Protection District are indicated by "P".
Schedule of Use Regulations | |||
|---|---|---|---|
Use | Zone 1 | Zone 2 | |
Principal Uses | |||
Manufacture, use, storage, transport, or disposal of hazardous materials as a principal activity | — | — | |
Sanitary landfill, septage lagoon, wastewater treatment facility for municipal or industrial wastes | — | — | |
Road salt stockpile | — | — | |
Junkyard; salvage yard; truck terminal or school bus parking facility with more than 10 parking spaces | — | — | |
Gasoline station, car wash, auto repair or auto body shop, marine repair shop | — | — | |
Single- and two-family dwellings, with accessory structures and uses, on a lot containing at least 40,000 square feet | P | P | |
Any building, structure or use other than single- or two-family dwellings, with accessory structures and uses on a lot with less than 40,000 square feet in area, to be served by an on-site system for the disposal of wastewater | |||
Any building, structure or use, other than single- or two-family dwellings, with accessory structures and uses, on a lot with 40,000 square feet or more, to be served by an on-site system for the disposal of wastewater with a de- sign capacity no greater than set forth in 310 CRM 22.21(2)(a) | P | P | |
Accessory Uses [Amended 6-8-2004 ATM, Art. 24; 10-25-2005 ATM, Art. 13; 5-2-2006 ATM, Art. 13] | |||
Underground storage of hazardous materials, including fuel oil and gasoline | — | S | |
Aboveground storage of hazardous materials in quantities greater than associated with normal household use, other than fuel oil for residential heating purposes | — | S | |
Any use generating hazardous wastes in quantities greater than associated with normal household use | — | S | |
Animal feedlots, manure storage | — | — | |
Other Uses [Amended 6-8-2004 ATM, Art. 24; 10-25-2005 ATM, Art. 13; 5-2-2006 ATM, Art. 13] | |||
Rendering impervious more than 20% of total lot area, regardless of size | S | S | |
Disposal of snow from outside the district | — | S | |
Removal of earth, loam, sand or gravel or any other mineral in excess of 10 cubic yards | — | S | |
Any use, including a single- or two-family dwelling, having on-site disposal system for domestic wastes with a design capacity no greater than set forth in 310 CMR 22.21(2)(a) | S | S | |
Grading resulting in creation of exterior grades less than five feet above maximum groundwater elevation | — | S | |
B.
Where a portion of the lot is located partially within and partially without the Aquifer Protection District, site design shall, to the extent feasible, locate potential pollution sources outside the district boundaries.
§ 173-74 Special permit granting authority.
A.
Establishment. The special permit granting authority (SPGA) shall be the Planning Board. Such special permit shall be granted if the SPGA determines that the intent of this Article XIII, as well as the specific criteria herein, are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.
B.
Application. Whenever an application for a special permit is filed with the Planning Board under this Article XIII, the Planning Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan and other documentation to the Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Fire Chief and the Town Engineer for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports shall be submitted by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.
§ 173-75 Special permit criteria.
Special permits under § 173-74 shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in § 173-74B, that groundwater quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for water or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration.
§ 173-76 Submittals.
A.
In applying for a special permit under this Article XIII, the SPGA shall require the information listed below, unless waived or modified by the SPGA, with reasons therefor.
B.
Where called for below, site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets, on a minimum scale of one inch equals 40 feet, and prepared by registered professional engineer and a registered land surveyor. In addition to the information required below, site plans submitted under this section shall also include the following:
(1)
All property lines;
(2)
All adjacent public streets;
(3)
All existing and proposed buildings, structures, parking areas and service areas;
(4)
All facilities for sewage, refuse and other waste disposal;
(5)
Facilities for surface water drainage, both temporary and permanent;
(6)
Future expansion areas.
C.
Required submissions.
(1)
A complete list of all chemicals, pesticides, fuels or other potentially hazardous materials to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion and leakage and to provide for control of spills.
(2)
A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage and to provide for control of spills.
(3)
For aboveground storage of hazardous materials or waste, certification by a registered professional engineer that such storage facilities or containers are in compliance with all applicable federal or state regulations and in compliance with design specifications as prepared by a registered professional engineer.
(4)
For any proposed activity on a lot, other than a single- or two-family dwelling and structures and uses accessory thereto, which will render more than 20% of the total lot area impervious, the application shall be accompanied by a site plan, containing the items specified herein and also containing drainage calculations, utilizing United States Soil Conservation Service methodology, demonstrating that any increase in the volume of runoff shall be recharged on-site and diverted towards areas with vegetation for surface infiltration to the maximum extent possible. The site plan shall be accompanied by a narrative statement explaining the use of dry wells, which shall be allowed only upon a showing that other methods are infeasible, and that dry wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
(5)
For any use, other than a single- or two-family dwelling and structures and uses accessory thereto, retaining less than 20% of lot area in its natural vegetative state, the application shall be accompanied by a site plan containing the items specified herein and also containing evidence to demonstrate that such removal of vegetative cover shall not result in decreased recharge of the groundwater deposit or increased sedimentation of surface waters. The site plan shall indicate any restoration proposals or erosion control measures proposed on the premises.
(6)
For any use, other than a single- or two-family dwelling and structures and uses accessory thereto, with an on-site disposal system for domestic or industrial wastes with a design capacity of greater than 1,500 gallons per day, as required by 310 CNM 15.00, certification by a registered professional engineer that the disposal system has been installed in compliance with design specifications and a narrative statement, by a registered professional engineer, assessing the impact, if any, of nitrates, coliform bacteria and hazardous materials from the disposal system to groundwater quality on the premises, land adjacent to the premises and on any wellfield(s) down gradient from the proposed disposal system.
(7)
For disposal of snow from outside the district; removal of earth, loam, sand and gravel or any other mineral in excess of 10 cubic yards; and/or grading resulting in creation of exterior grades less than five feet above maximum groundwater elevation, applications shall be accompanied by a site plan containing the items specified herein and by a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, land adjacent to the premises and on any wellfield(s) down gradient from the proposed activity or use.