Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Salisbury;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the Town; and

Prevent temporary and permanent contamination of the environment.

If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. Amendments to the Water Resource District require Town meeting approval.

Where the boundary line of the Water Resource District divides a lot or parcel, the requirements established by this bylaw shall apply only to the portion of the lot or parcel located within the Water Resource District.

Conservation of soil, water, plants, and wildlife.

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths, and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.

Enlargement of any existing structure, subject to §§ 300-40.2 and 300-41.1 of this bylaw.

Residential and commercial development permitted in the underlying district provided that not more than 15% of the building lot is rendered impervious, subject to §§ 300-40.2 and 300-41.1 of this bylaw.

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to §§ 300-40.2 and 300-41.1 of this bylaw.

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

Maintenance, repair and replacement of any existing structure or paved area within the same footprint.

Landfills and open dumps as defined in 310 CMR 19.006.

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.

Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.

Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00 except for:

Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas.

Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of de-icing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works; or unless the substances which are removed are redeposited within 45 days on site to achieve a final grade greater than four feet above the historical high water mark.

Discharge to the ground of nonsanitary wastewater including industrial and commercial process waste water, except:

Stockpiling and disposal of snow and ice containing de-icing chemicals brought in from outside the district.

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.

Enlargement of existing uses that do not conform to the Water Resource District;

Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under § 300-40.2). Such activities shall require a special permit to prevent contamination of groundwater;

Any use that will render impervious any lot or parcel more than 15% or 2,500 square feet, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater 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 in full working order by the owner. Existing, nonconforming uses and buildings will not be subject to this authority until such time a substantial change of conditions or use occurs.

The special permit granting authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, Conservation Commission, and Department of Public Works that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, 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, departments or commissions in its decision.

Upon receipt of the special permit application, the applicant shall transmit one copy to the Board of Health, Conservation Commission, and Department of Public Works. Failure to respond in writing within 35 days of receipt shall indicate approval, or no desire to comment. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 300-40.2 of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

Written notice of any violations of this bylaw shall be given by the Zoning Enforcement Officer to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance.

A copy of such notice shall be submitted to the Town Planning Board, Board of Health, Conservation Commission, and Department of Public Works. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.