Raynham City Zoning Code
ARTICLE 11
Water Resource Protection Overlay District
§ 350-11.1 Purpose.
The purpose of the Water Resource Protection Overlay District is to protect the public health of the residents of the Town of Raynham from contamination of existing and potential public groundwater supplies and to protect, preserve and maintain the aquifers and recharge areas of existing and potential groundwater supplies within the Town as sources of public water.
§ 350-11.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A geologic formation composed of saturated, permeable material that contains significant amounts of potable groundwater capable of being withdrawn for public use.
All subsurface water that saturates the openings in rocks and unconsolidated deposits.
Any substance or combination of substances, including any liquid petroleum product, that, 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 generated or disposed of into or on any land or water in this Town. Any substance deemed a "hazardous waste" in MGL c. 21C, as amended, shall also be deemed a hazardous material for purposes of this bylaw.
Natural or man-made material on or above the ground that does not allow surface water to penetrate into the soil.
The percentage of any lot covered by impervious areas shall not include wetland resource areas, as defined by the Massachusetts Wetlands Protection Act, as from time to time amended.[1]
[Added 5-16-2005 ATM]
Any storage that is not in a structure with roof, floor and at least three sides, all of impervious material.
A well providing potable water to at least 15 service connections or serving on a regular basis at least 25 people.
The process by which water is added to the saturated zone of any aquifer either by direct infiltration of rainfall or by indirect inputs from surface sources or from adjoining subsurface sources and whether by reason of natural flow or by reason of pumping from a present or future well.
Any area of porous, permeable geologic deposits, especially, but not exclusively, deposits of sand and gravel, through which water from any source will recharge an aquifer.
Any solid material, putrescible or nonputrescible, combustible or noncombustible, including, but not limited to, garbage, rubbish, stumps and brush, but not including other vegetative material.
[1]
Editor's Note: See MGL c. 131, § 40.
§ 350-11.3 Scope of authority.
The Water Resource Protection Overlay District is an overlay district and shall be superimposed on other districts established by this bylaw. All regulations of the Town of Raynham Zoning Bylaw applicable to such underlying districts shall remain in effect, except that where the Water Resource Protection Overlay District imposes additional regulations, such regulations shall apply in addition to the regulations applicable to the underlying districts.
§ 350-11.4 Description of zones.
A.
Certain Water Resource Protection Overlay District zones are hereby established within the Town. These zones contain aquifers and/or aquifer recharge areas as determined by standard geological and hydrogeologic investigations that have included observation wells, exiting boring data, geophysical techniques, pump tests, water samples and geologic maps. These zones have been modified in accordance with the provisions of § 350-11.4C below.
B.
The boundaries of the Water Resource Protection Overlay District zones are delineated on a Geographic Information System map, at a scale of one inch equals 1,000 feet, dated May 19, 2008. This map, as it may be amended from time to time, is entitled "Town of Raynham Water Resource Protection Overlay District." This map is on file in the office of the Town Clerk and is hereby made a part of this bylaw. These boundaries reflect the best hydrogeologic information available as of the date of the map. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. At the request of the owner(s), the Town may engage a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation.
[Amended 5-15-2006 ATM; 5-19-2008 ATM]
C.
The boundaries of the Water Resource Protection Overlay District zone have been adjusted to include wetlands and bodies of surface water surrounded by or adjacent to recharge areas and to follow property lines or street lines or identifiable physical features to facilitate locating them on the ground.
D.
The Water Resource Protection Overlay District zone includes the following zones:
(1)
Zone I: The area within a 400-foot radius of an existing public well.
(2)
Zone II: The area above that portion of any aquifer that will contribute water to an existing public well, as determined by standard geologic and hydrogeologic investigation, under the most severe recharge and pumping conditions that can be realistically anticipated, that is pumping at a maximum safe yield for 180 days without recharge.
(3)
Zone III: The recharge area to an existing public well or the area that is expected, based on current information derived from standard geologic and hydrogeologic investigation, to recharge a future public well.
§ 350-11.5 Regulated activities.
[Amended 5-20-1996 ATM; 5-16-2022 ATM by Art. 28]
Each activity referred to in the following table of regulated activities is intended to have the same meaning as any equivalent use or activity specified in the Raynham Zoning Bylaw.
Key: |
N - Prohibited |
Y - Permitted |
SPZBA - Special permit Zoning Board of Appeals |
Table of Regulated Activities | ||||
|---|---|---|---|---|
Zone I | Zone II | Zone III | ||
Prohibited Uses | ||||
Disposal of hazardous materials | N | N | N | |
Dry-cleaning processing plants | N | N | N | |
Outdoor storage of uncontained fertilizers, herbicides and pesticides | N | N | N | |
Outdoor storage of uncovered, uncontained manure | N | N | N | |
Junkyards | N | N | N | |
Outdoor storage of uncontained salt and deicing chemicals | N | N | N | |
Discharge of industrial process waste (treated and untreated) to surface water or groundwater | N | N1 | N1 | |
Commercial piggery | N | N | N | |
Floor drains which drain directly into the ground as per 310 CMR 22.21(2)(a)8 | N | N | N | |
Earth removal within four feet of the historic high-water table as per 310 CMR 22.21(2)(b)6 | N | N | N | |
Auto graveyards, as defined in MGL c. 140B, § 1 | N | N | N | |
Outdoor storage of uncontained soil conditioners as defined in MGL c. 128, § 64 | N | N | N | |
Landfilling of sludge and septage, as defined in 310 CMR 32.05 | N | N | SPZBA | |
Privately owned sewage treatment plant | N | N | SPZBA | |
Facilities that generate treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following: | N | N | SPZBA | |
Very small quantity generators, as defined by 310 CMR 30.00; | ||||
Household hazardous waste collection centers and events operated pursuant to 310 CMR 30.390; | ||||
Waste oil retention facilities required by MGL c. 21, § 52A; and | ||||
Water remediation treatment works approved under 314 CMR 5.00 | ||||
Special Activities | ||||
Storage of liquid hazardous material | N | Y2 Y3 | Y2 Y3 | |
Storage of liquid petroleum products except for storage in a freestanding container within a building or aboveground storage of fuel oil for consumptive use on the premises | N | N | SPZBA | |
Earth removal or mining operations in accordance with Raynham bylaws | N | Y | Y | |
Discharge of liquid wastes that require DEP approval | N | SPZBA | SPZBA | |
Dumping of salt-contaminated snow | N | N | SPZBA | |
Municipal landfill | N | N | SPZBA | |
Nonsanitary wastewater treatment facilities as per 310 CMR 22.21(2)(b)3 | N | N | SPZBA | |
Private landfills and open dumps | N | N | SPZBA | |
Storage of sludge and septage | N | Y4 Y5 | Y4 Y5 | |
Storage of liquid petroleum products except if stored pursuant to 310 CMR 22.21 | N | N | SPZBA | |
Residential Activities | ||||
Detached single-family dwelling | N | Y | Y | |
Conversion of dwellings | N | Y | Y | |
Residential subdivision | N | Y | Y | |
Mobile home park | N | Y | Y | |
Multifamily development | N | Y | Y | |
Community Activities | ||||
Churches or other religious uses | N | Y | Y | |
Facilities or areas for recreational purposes not operated for profit | N | Y | Y | |
Hospital or nursing home | N | SPZBA | Y | |
Cemetery | N | SPZBA | Y | |
Municipal or education use | N | SPZBA | Y | |
Municipally owned wastewater treatment plant | N | SPZBA | SPZBA | |
Agricultural Activities | ||||
Conservation, open space, horticulture and floriculture except a greenhouse or stand for retail sale of products which are not all raised on the premises | N | Y | Y | |
Year-round greenhouse or nursery stand for wholesale and retail sale of agriculture, forestry, nursery or farm products which are raised on or off the premises | N | SPZBA | SPZBA | |
Agriculture tree nurseries and orchards | N | SPZBA | SPZBA | |
Forestry | N | Y | Y | |
Business Activities | ||||
Establishments selling goods at retail | N | SPZBA | Y | |
Business or professional offices | N | SPZBA | Y | |
Bank | N | Y | Y | |
Restaurant or other eating place | N | SPZBA | Y | |
Hotel, inn or motel | N | SPZBA | Y | |
Combined business and residential use in accordance with applicable Zoning Bylaw or the Raynham bylaws | N | Y | Y | |
Lodge or club | N | SPZBA | Y | |
Convalescent home or sanitarium | N | SPZBA | Y | |
Funeral establishment | N | SPZBA | Y | |
Veterinary hospital | N | SPZBA | Y | |
Establishments for boarding, renting and sale of animals | N | SPZBA | Y | |
Personal service establishment | N | SPZBA | Y | |
Facilities or areas operated for profit for recreational purposes | N | SPZBA | Y | |
Car wash | N | N | SPZBA | |
Automotive service stations, repair establishments and garages | N | N | SPZBA | |
Sale of motorized vehicles | N | SPZBA | Y | |
Industrial Activities | ||||
Warehouse as a principal use | N | SPZBA | SPZBA | |
Repair of trucks and heavy equipment | N | N | Y | |
Light manufacturing | N | SPZBA | Y | |
NOTES: | |
|---|---|
1 | Not applicable to holders of a federal or state permit on the effective date of this bylaw or to their successors in title (for so long as the permit remains valid). |
2 | If stored pursuant to 310 CMR 22.21. |
3 | If stored pursuant to 310 CMR 22.21(2)(b)2. |
4 | If stored pursuant to 310 CMR 32.03 to 32.31. |
5 | If stored pursuant to 310 CMR 32.30 and 32.31. |
§ 350-11.6 Residential lot requirements within Zone II.
A.
Residential lots without benefit of Town sewerage will be a minimum of 60,000 square feet. Pursuant to 310 CMR 22.21, 110 gallons per quarter acre per day of septage is allowed to be discharged into the ground.
B.
Residential lots serviced by Town sewerage will be a minimum of 45,000 square feet.
C.
Not more than 15% of any residential lot shall have impervious surface; provided, however, that, by special permit, a larger percentage of a residential lot may have impervious surface if the special permit granting authority (Zoning Board of Appeals) finds that a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
§ 350-11.7 Business and industrial lots.
Those business and industrial uses that are permitted in the Zone II area must meet the following requirements:
A.
Render impervious surface not more than 15% of any lot and develop the remainder such that there is no increase in runoff over that experienced prior to development; provided, however, that by special permit, a larger percentage of a business or industrial lot may have impervious surface if the special permit granting authority (Zoning Board of Appeals) finds that a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
B.
Parking facilities and drainage structures shall permit no increase in runoff from the site.
C.
No stormwater shall be permitted to be recharged to the groundwater before passing through oil and grease traps and sediment traps. These traps will be constructed, operated, and maintained in a manner acceptable to the Raynham Highway Department, Board of Health, Conservation Commission and all other boards and officials deemed appropriate.
D.
Pursuant to 310 CMR 22.21, 110 gallons per quarter acre per day of septage is allowed to be discharged into the ground.
§ 350-11.8 Roadways and drainage.
All roadways and drainage structures will be designed for the twenty-five-year storm event to achieve zero runoff from the site.
§ 350-11.9 Administration authority.
§ 350-11.10 Appeal.
Appeal from any decision of the applicable SPGA may be done in accordance with the provisions of MGL c. 40A, § 17, as amended.