Palmer City Zoning Code
ARTICLE XIV
Water Supply Protection District
§ 171-60 Purpose; definitions; uses; regulations.
A.
Purpose. The purpose of this district is to promote the health, safety and welfare of the community by protecting and preserving the surface water and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality and quantity of its water resources.
B.
Scope of authority. The Water Supply Protection District is an overlay district and shall be superimposed on the other districts established by this chapter. All regulations of the Town of Palmer zoning chapter applicable to such underlying districts shall remain in effect, except that where the Water Supply Protection District imposes additional regulations, such regulations shall prevail.
C.
District delineation.
(1)
The Water Supply Protection District is herein established to include all lands within the Town of Palmer lying within the primary and secondary recharge areas of groundwater aquifers and watershed areas of reservoirs which now or may in the future provide public water supply. The map entitled "Aquifer Protection District, Town of Palmer," on file with the Town Clerk, delineates the boundaries of the district.
(2)
Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer or primary recharge area, and may charge the owner(s) for all or part of the cost of the investigation.
D. AQUIFER GROUNDWATER HAZARDOUS MATERIAL HAZARDOUS WASTE IMPERVIOUS SURFACES LEACHABLE WASTES PRIMARY AQUIFER RECHARGE AREA SECONDARY AQUIFER RECHARGE AREA TRUCKING TERMINAL WATERSHED
Definitions. As used in this section, the following terms shall have the meanings indicated:
A geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. Aquifer locations in the Town of Palmer are depicted on a map entitled "Aquifer Protection District," (as may be amended from time to time).
All water found beneath the surface of the ground.
Material including, but not limited to, any material, in whatever form, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. The term shall not include oil.
Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.
Waste materials, including solid wastes, sludge and pesticide and fertilizer wastes, capable of releasing water-borne contaminants to the environment.
Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine, stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.
Areas which are underlain by surficial geologic deposits, including till or bedrock, and in which the prevailing direction of surface water flow is toward public water supply wells or potential sites for such wells.
A business which services or repairs commercial trucks which are not owned by the business.
Lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such water.
E.
Permitted uses. The following uses are permitted within the Water Supply Protection District, provided that they comply with all applicable restrictions in this chapter, including but not limited to this section.
(1)
Single-family residences;
(2)
Residential accessory uses, including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems;
(3)
Agricultural uses such as farming, grazing and horticulture;
(4)
Forestry and nursery uses;
(5)
Outdoor recreational uses, including fishing, boating and play areas;
(6)
Conservation of water, plants, and wildlife; wildlife management areas;
(9)
Structures for educational or religious purposes.
F.
Prohibited uses. The following uses are prohibited within the Water Supply Protection District:
(1)
Business and industrial uses, not agricultural, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning, and auto body repair, which generate, use, treat, process, store or dispose of hazardous wastes, except for the following:
(2)
Business or industrial uses, not agricultural, which dispose of or process wastewaters on site.
(3)
Trucking terminals, bus terminals, gasoline sales, automotive service and repair shops, commercial fuel oil storage or sales.
(4)
Car washes, except when located on public water and sewer.
(5)
Any floor drainage systems in existing facilities, in industrial or commercial process areas, which discharge to the ground without a DEP permit or authorization.
(7)
Solid waste landfills, dumps, auto recycling, auto graveyards, junk and salvage yards, landfilling or storage of sludge and septage, with the exception of the disposal of brush or stumps.
(8)
Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products of any kind, except for the following:
(a)
Storage which is incidental to:
[1]
Normal household use and outdoor maintenance or the heating of a structure;
[3]
Emergency generators required by statute, rule or regulations; or
[4]
Treatment works approved by the Massachusetts Department of Environmental Protection designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwaters or surface waters, provided that such storage shall be in a freestanding above-ground container within a structure or within the basement of a structure, within a diked, impermeable area sufficient to contain the volume of the tank plus 10% to prevent spills or leaks from reaching groundwater, and provided that the storage tanks and piping must comply with all applicable provisions of the Massachusetts Comprehensive Fire Safety Code (see 527 CMR 1.00).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Replacement of storage tanks or systems for the keeping, dispensing, or storing of gasoline, which existed at the time of adoption of this section, provided that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
All such replacement storage tanks or systems shall be located underground as required by the Massachusetts Comprehensive Fire Safety Code (see 527 CMR 1.00).
(9)
Outdoor storage of salt, deicing materials, pesticides or herbicides.
(10)
Dumping or disposal on the ground, in water bodies, or in residential septic systems of any toxic chemical, including but not limited to septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane, or other household hazardous wastes. (See list of prohibited chemicals at the Board of Health or Town Clerk's office.)
(11)
Stockpiling and disposal of snow or ice removed from highways and streets located outside the Water Supply Protection District that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
(12)
Wastewater treatment works subject to 314 CMR 5.00 (any treatment works which discharge contaminants to the ground, except sanitary discharges less than 15,000 gallons per day which are in compliance with Title V), except the following:
(a)
The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);
(b)
The replacement of an existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s).
G.
Restricted uses. The following are restricted in the Water Supply Protection District:
(1)
Excavation for removal of earth, loam, sand, gravel and other soils or mineral substances shall not extend closer than five feet above the historical high groundwater table (as determined from on-site monitoring wells and historical water table fluctuation data compiled by the United States Geological survey, whichever is higher). Monitoring wells shall be installed by the property owner in advance of excavation to verify groundwater elevations. In order to verify changes in elevations and direction of flow-through triangulations, three monitoring wells shall be installed. The Planning Board shall have the option to require additional monitoring wells as appropriate to the site. The number and location of monitoring wells shall be based upon the slope of the terrain and the size of the parcel to be developed.
(2)
This section shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal or to excavation sites less than five acres in size.
(3)
Sodium chloride for ice control shall be used at the minimum salt-to-sand ratio which is consistent with the public highway safety requirements, and its use shall be eliminated on roads which may be closed to the public in the winter.
(4)
The storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads shall be covered and located on a paved surface, with berms within a structure designed to prevent the generation and escape of contaminated run-off or leachate.
(5)
Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable materials shall be used in accordance with the Lawn Care Regulations of the Massachusetts Pesticide Board, 333 CMR 10.03, as amended, with manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface water and groundwater.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Installation of on-site sewage disposal systems shall not be installed in areas where soil percolation rates are faster than two minutes per inch without additional measures imposed by the Board of Health. (See Board of Health regulations.)
(7)
The storage of commercial fertilizers and soil conditioners shall be within structures designed to prevent the generation and escape of contaminated run-off or leachate.
(8)
To the extent feasible, all new permanent animal manure storage areas shall be covered and/or contained to prevent the generation and escape of contaminated run-off or leachate.
H.
Drainage. To the extent feasible, all run-off from impervious surfaces shall be recharged on site by being diverted toward areas covered with vegetation for surface infiltration. Such run-off shall not be discharged directly to rivers, streams or other surface water bodies. 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. All detention basins and similar drainage structures shall be permanently maintained in full working order by the owner(s).
I.
Area regulations. Within the primary aquifer recharge area, the minimum allowable lot size shall be 60,000 square feet in areas not served by municipal sewerage systems.
J.
Special permit uses.
(1)
Uses allowed by special permit. Permitted uses are specified in Subsection E. In addition, the following uses may be allowed by special permit obtained from the Planning Board:
(2)
Requirements for special permit in the Water Supply Protection District. The applicant shall file six copies of a site plan, prepared by a qualified professional, with the special permit granting authority. The site plan shall, at minimum, include the following information where pertinent:
(a)
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.
(b)
Those businesses using or storing such hazardous materials shall file a hazardous materials management plan with the Planning Board, Hazardous Materials Coordinator, Fire Chief, and Board of Health, which shall include:
[1]
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and clean-up procedures.
[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.
The Board of Health shall be charged with the enforcement of this Subsection J(2)(b).
(c)
Drainage recharge features and provisions to prevent loss of recharge.
(d)
Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.
(3)
Additional procedures for special permits in the Water Supply Protection District.
(a)
The special permit granting authority shall follow all special permit procedures contained in this chapter. In addition, the Planning Board shall refer copies of the application to the Board of Health, Conservation Commission, Town Engineer, and Water Commissioners of the appropriate district, which shall review the application and, following a vote of the board/department, shall submit their recommendations and comments to the Planning Board. Town agencies which desire to make recommendations shall do so at the public hearing of the SPGA (special permit granting authority).
(b)
After notice and public hearing, and after due consideration of the reports and recommendations of the boards/departments, the Planning Board may grant such a special permit, provided that it finds that the proposed use:
[1]
Will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district;
[2]
Will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District;
[3]
Is appropriate to the natural topography, soils and other characteristics of the site to be developed;
[4]
Has adequate public sewerage and water facilities.
K.
Nonconforming uses in the Water Supply Protection District.
(1)
Nonconforming uses which were lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this section may be continued. Such nonconforming uses may be extended or altered, provided that the applicant receives a special permit from the Planning Board, which shall determine if the proposed change would increase the danger of groundwater pollution and thus be "substantially more detrimental to the neighborhood" as specified in MGL c. 40A, § 6.