Norton City Zoning Code
ARTICLE XIV
Water Resource Protection District
§ 175-14.1 Purpose and scope.
A.
Purpose. The Water Resource Protection District is intended to provide protection for the water supply of the Town of Norton from harmful and hazardous pollutants and contaminants by preventing, within the district, the degradation of surface water and groundwater supplies.
B.
Scope. 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 to new or expanded uses. Applicable activities or uses in a portion of one of the underlying districts which fall within the Water Resource Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Water Resource Protection District.
§ 175-14.2 Definitions.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
The removal or relocation of geological materials such as topsoil, sand, gravel, metallic ores or bedrock.
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III.
Any substance or mixture of physical, chemical, or infectious characteristics posing significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to the land or water of the Town of Norton. 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 Massachusetts General Laws (MGL) Chapters 21C and 21E and 310 Code of Massachusetts Regulations.
The area defined as Zone I, Zone II and Zone III delineated as such on the map titled "Water Resource Protection District" prepared by Dufresne-Henry Inc. and dated April 1996.
The protective radius required around a public water supply well or well field.
The 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 safe yield with no recharge from the precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II as defined in 310 CMR 22.00.
§ 175-14.3 Establishment and delineation.
A Water Resource Protection District is hereby established within the Town of Norton as shown on a map entitled "Water Resource Protection District" prepared by Dufresne-Henry Inc. and dated April 1996, on file in the office of the Town Clerk. Said district is hereby made a part of the Norton Zoning Map adopted April 16, 1974, amended June 26, 1978, et seq.
§ 175-14.4 District boundary disputes.
A.
If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be determined by the permit granting authority under the procedures set forth in Article X of this bylaw. Any application made under this section shall be accompanied by adequate documentation, certified by a registered professional land surveyor.
B.
The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should be properly located.
§ 175-14.5 Use regulations.
In the Water Resource Protection District the following regulations shall apply regarding uses:
A.
Permitted uses. The following uses are permitted in the Water Resource 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 (non-petroleum-powered), 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;
(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, excepting those designed as water storage tanks, related to these activities are not categorically permitted.
B.
Prohibited uses. The following uses are prohibited in the Water Resource Protection District:
(1)
Landfills and open dumps as defined in 310 CMR 19.006;
(2)
Landfilling of sludge and septage, as defined in 310 CMR 32.05;
(3)
Gasoline stations (located outside of Zone III), automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;
[Amended 10-21-2019 FTM by Art. 18]
(4)
Stockpiling and disposal of snow and ice removed from highways and streets located outside of Zone II that contain sodium chloride, chemically treated abrasives or other chemicals used for ice and snow removal;
(5)
Treatment of disposal works for nonsanitary wastewaters that are subject to 310 CMR 15.00, except the following:
(6)
Facilities that generate, treat, store, or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.0000, except the following:
(a)
Very small quantity generators as defined under 310 CMR 30.0000;
(b)
Household hazardous waste collection centers and events operated pursuant to 310 CMR 30.390;
(c)
Waste oil retention facilities required by MGL c. 21, § 52A; and
(d)
Treatment works approved by the Department designed in accordance with 314 CMR 2.00 et seq. and other applicable laws and regulations for the treatment of contaminated groundwater or surface waters.
C.
Prohibited uses unless certain criteria are met. The following uses are prohibited in the Water Resource Protection District unless certain criteria are met:
(1)
Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(2)
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;
(3)
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;
(4)
Storage of animal manure, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(5)
Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:
(a)
Above ground level; and
(b)
On an impervious surface; and
(c)
Either: (i) in container(s) or aboveground tank(s) within a building, or (ii) 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; however, these storage requirements shall not apply to replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in a manner consistent with state and local requirements.
(6)
The removal of soil, loam, and gravel or any other mineral substances within four feet of the historic 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:
(7)
Storage of liquid petroleum products of any kind, except in accordance with § 175-14.5D herein, or those incidental to:
[Amended 10-21-2019 FTM by Art. 18]
(a)
Normal household use and outdoor maintenance or the heating of a structure;
(b)
Waste oil retention facilities required by MGL c. 21, § 52A;
(c)
Emergency generators required by statute, rule or regulation; or
(d)
Treatment works approved by the Department designed in accordance with 314 CMR 2.00 et seq. and other applicable laws and regulations for the treatment of contaminated groundwater or surface waters, provided that such storage listed in 310 CMR 22.21(2)(b)7.a through d, is either in a freestanding covered container above ground level with protection adequate to contain a spill the size of the container's total storage capacity; however, replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline is allowed consistent with state and local requirements.
D.
Special permit uses. The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as it may require:
(1)
Enlargement or alteration of existing uses that do not conform to the Water Resource Protection District.
(2)
(Deleted and disapproved by the Attorney General)
(3)
The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation.
(4)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, otherwise permitted in the underlying zoning (except as prohibited in under Subsection B). Such activities shall require a special permit to prevent contamination of groundwater or surface water.
(5)
The construction of dams or other water-control devices, ponds, pools or other changes in water bodies or watercourses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity and shall conform to the requirements of Subsection C(6).
(6)
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater and surface water recharge must be provided which does not degrade groundwater or surface water 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 by the owner.
(7)
Gasoline stations including underground storage of liquid petroleum located within Zone III, provided that the special permit granting authority finds that the tanks and piping associated with the use have reasonable and appropriate safeguards and infrastructure which meet the Massachusetts Department of Environmental Protection (MADEP) underground storage tank operational standards to minimize contamination and adverse impacts to ground or surface water.
[Added 10-21-2019 FTM by Art. 18]
§ 175-14.6 Administration.
A.
Special permits. The Norton Planning Board is hereby established as the special permit granting authority for the purpose of this article.
(1)
The applicant shall file 11 copies of a site plan and attachments. The site plan shall be at an appropriate scale as determined by the SPGA and be stamped by a registered professional engineer. All additional submittals shall be attested by qualified registered 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, together with estimated average quantities and maximum storage capacities.
(b)
For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Local Emergency Planning Commission, Fire Chief, and Board of Health. The plan shall include:
[1]
Provisions to protect against the discharges of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures [liquid hazardous materials must comply with the storage requirements of § 175-14.5C(5)];
[2]
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act (310 CMR 30), including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.
(c)
Proposed downgradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
(2)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those found in § 175-14.5 of this bylaw and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Resource Protection District; and
(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.
(3)
The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the opinion of the SPGA, 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 or agencies in its decision.
B.
Enforcement.
(1)
Written notice of any violations of this article shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or continuing violation. 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 necessary to remove or remedy the violations and a schedule of compliance. A copy of such notice shall be submitted to the Board of Health, Conservation Commission, Planning Board and the Board of Water/Sewer Commissioners. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
(2)
For situations that require remedial action to prevent adverse impact to the water resources within the Water Resource Protection District, the Town of Norton, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Norton, the Building Inspector, the Board of Health, or any of its agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.
§ 175-14.7 Special provisions.
A.
Where the Water Resource Protection District boundary line divides a lot of record in any underlying residential zoning district, the requirements of the Norton Zoning Bylaw applicable to the less restrictive district shall apply, provided any underground waste disposal system shall be located on the portion of the lot in the less restrictive district.
B.
Where the Water Resource Protection District boundary line divides a lot in an underlying Commercial or Industrial Zone, the uses and regulations pertinent to the less restrictive district may be applied to the development of such lot, provided that the subject lot contains sufficient square footage in the less restrictive district which would ordinarily allow development, and further provided that all structures and waste disposal systems are located in that portion of the lot lying in the less restrictive district.
§ 175-14.8 Severability.
A determination that any portion or provision of the overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit issued thereunder.