Templeton City Zoning Code
ARTICLE IV
Overlay Districts
§ 300-16 Public water supply protection.
[Amended 5-15-2013]
A.
The purpose of this bylaw is to:
(1)
Promote the health, safety and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of Templeton.
(2)
Preserve and protect existing and potential sources of drinking water supplies.
(3)
Conserve the natural resources of the community.
(4)
Prevent temporary and permanent contamination of the environment.
B.
Authority. The Water Supply Protection Overlay Districts are adopted pursuant to the authority provided by MGL c. 40A, and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
C. AQUIFER AUTOMOBILE GRAVEYARDS AND JUNKYARDS COMMERCIAL FERTILIZERS DEICING CHEMICALS EARTH REMOVAL HAZARDOUS MATERIAL IMPERVIOUS SURFACE LANDFILLS AND OPEN DUMPS RECHARGE AREAS SANITARY WASTEWATER SOIL CONDITIONER STORAGE OR LANDFILLING OF SLUDGE AND SEPTAGE SURFACE WATER SURFACE WATER SOURCE WASTEWATER TREATMENT WORKS WATER SUPPLY PROTECTION DISTRICT I (W.S.P.D. I) WATER SUPPLY PROTECTION DISTRICT II (W.S.P.D. II)(1) (2) WATER SUPPLY PROTECTION DISTRICT III (W.S.P.D. III)
Definitions. For the purposes of this section, the following words and phrases shall be defined as follows (References to statutes and regulations shall be deemed a reference to such statute or regulation as of the effective date of this bylaw.):
Geological formation composed of rock, sand, gravel that contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles and/or parts as defined in MGL c. 140B, § 1.
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except for nonmanipulated animal and/or vegetable manures, marl, lime, limestone, wood ash and gypsum as defined in MGL c. 128, § 64.
Sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
The removal of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.
Any substance or mixture of physical, chemical or infectious characteristics posing a significant actual or potential hazard to water supplies or other hazards to human health if such a substance or mixture were discharged to land or water. Hazardous materials include without limitation synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, alkalis and any and all other substances defined as toxic or hazardous under MGL c. 21C and MGL c. 21E and 310 CMR 30.00, including solvents and thinners in quantities considered to be greater than that of normal household use.
Material or structure on, above or below the ground that does not allow precipitation to penetrate directly into the soil.
Facilities or parts of facilities for solid waste disposal (excluding transfer facilities) established in accordance with the provisions of 310 CMR 19.006.
Areas that collect precipitation or surface water and carry it to aquifers.
Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, clothes-washing machines, sinks, showers, dish-washing machines or any other source.
Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except nonmanipulated animal and vegetable manures, marl, lime, limestone, wood ash and gypsum as defined in MGL c. 128, § 64.
Using land to store sludge or septage as defined in 310 CMR 32.00.
All water that is open to the atmosphere and subject to run-off.
Any lake, pond, reservoir, river, stream or impoundment designated as public water supply in the Massachusetts Water Quality Standards, 314 CMR 4.00.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne treatment, storage or disposal, all as defined and regulated by 314 CMR 5.00.
The protective radius required around a public water supply or well or well field as set forth in the 310 CMR 22.02 definition of "Zone I."
W.S.P.D. II is bound by the most extensive of the following parameters:
That area of the aquifer that contributes water to a public water supply well or well field under the most severe pumping and recharge conditions that can realistically be anticipated as set forth in the 310 CMR 22.02 definition of "Zone II."
Interim wellhead protection areas as established in the Town and defined by 310 CMR 22.02 and the surrounding high- and medium-yield aquifers within the Town of Templeton having transmissivity of 1,350-4,000 ft.2/D (potential well yield 1-300 gpm). Further, all Surface Water Protection Districts as set forth on the Town of Templeton Water Supply Protection District(s) Map as more fully set forth below shall be included in the W.S.P.D. II.
That area of land beyond the area of W.S.P.D. II from which surface water and groundwater drain into Zone II as defined in 310 CMR 22.02.
D.
Establishment of districts.
(1)
The Water Supply Protection Overlay Districts are herein established as overlay districts and shall include all lands within the Town of Templeton as located within a 2,640-foot radius of the primary and secondary recharge areas of groundwater wells and watershed areas of reservoirs which provide public water supply. This district is shown on a plan entitled "Water Supply Protection District Plan for the Town of Templeton" prepared by Szoc Surveyors and is on file with the Town of Templeton Town offices and the Templeton Municipal Water Plant office. This plan shall be considered a Zoning Map for purposes of establishing the district under this section.
(2)
If the location of the district boundary of the Water Supply Protection District in relation to a particular parcel of land is in doubt, then the burden of proof shall be upon the owner(s) of said parcel of land to show where the boundaries should be located properly.
E.
The following land uses are prohibited in the Water Supply Protection District:
(1)
Landfills and open dumps as defined in 310 CMR 19.006.
(2)
Landfilling and storage of sludge and septage as defined in 310 CMR 32.05.
(3)
Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.
(4)
Stockpiling and disposal of snow or ice containing deicing chemicals if brought in from outside of the wellhead protection area.
(5)
Manufacture, use, storage, transport or disposal of hazardous materials as a principal activity as defined in MGL c. 31E unless in a freestanding container within a building or above ground with secondary containment large enough to hold the entire contents of the container.
(6)
Facilities that generate, treat, store or dispose of hazardous materials and/or waste subject to MGL c. 21C and 310 CMR 30.00, except for the following:
(a)
Very small quantity generators as defined in 310 CMR 30.00.
(b)
Household hazardous waste centers and events as defined in 310 CMR 30.390.
(c)
Waste oil retention facilities as required under MGL c. 21, § 52A.
(d)
Water remediation treatment works approved by the Department of Environmental Protection for the treatment of contaminated groundwater or surface waters; V. 9, 10 petroleum, fuel oil and heating oil bulk stations and terminals, including but not limited to those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC codes are established by the United States Office of Management and Budget and may be determined by referring to the publication "Standard Industrial Classification Manual" and other subsequent amendments.
(7)
Industrial and commercial uses which discharge process wastewater on site.
(8)
Discharge to the ground of nonsanitary wastewater, including industrial and commercial process wastewater, except:
(a)
The replacement or repair of an existing treatment works that will not result in a design capacity greater than that of the existing treatment works.
(b)
Treatment works approved by the Department designed for the treatment of contaminated groundwater or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13).
(c)
Publicly owned treatment works.
(9)
Storage of deicing chemicals, animal manures, commercial fertilizers and soil conditioners as defined in MGL c. 128, § 64, unless such storage is within a structure that prevents the generation and escape of contaminated run-off or leachate.
(10)
Land uses that result in impervious surfaces covering greater than 15% or 25,000 feet of any lot or parcel, whichever is greater, unless a system of artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
F.
Any nonconforming uses hereunder not used continuously for a period of one year shall be considered abandoned and any reuse must conform to the provisions of this bylaw.
G.
The provisions of this article shall be enforced by the Building Inspector, who may obtain the advice of the Templeton Board of Health. Whoever violates any of the provisions of this article shall accrue a separate offense for each day that the violation exists.
H.
Variances. There shall be no variances within the Water Supply Protection District granted through the Templeton Zoning Board of Appeals without a written advisory report from the Templeton Board of Health.
§ 300-17 Floodplain District.
A.
Purpose. The purposes of the Floodplain District are to protect the public health, safety, and general welfare, to protect human life and property from hazards of periodic flooding, to preserve the natural flood control characteristics and the flood storage capacity of the floodplain, and to preserve and maintain the groundwater table and water recharge areas within the floodplain.
B.
District delineation.
(1)
The general boundaries of the Floodplain District are shown on the Templeton Flood Insurance Rate Map (FIRM), dated 5-17-1982, as Zones A, A1-30 to indicate the one-hundred-year floodplain. The exact boundaries of the district are defined by the one-hundred-year water surface elevations shown on the FIRM and further defined by the flood profiles contained in the Flood Insurance Study, dated November, 1981. The floodway boundaries are delineated on the Templeton Flood Boundary Floodway Map (FBFM), dated 5-17-1982, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These maps as well as the accompanying study are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector and Board.
(2)
Within Zone A, where the one-hundred-year flood elevation is not provided on the FIRM, the developer/applicant shall obtain any existing flood elevation data and it shall be reviewed by the Conservation Commission. If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with the bylaw and the State Building Code.
C.
Use regulations. The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplains.
(1)
Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play areas, etc.
(d)
Conservation of water, plants, wildlife.
(e)
Wildlife management areas, foot, bicycle, and/or horse paths.
(f)
Temporary nonresidential structures used in connection with fishing.
(g)
Building lawfully existing prior to the adoption of these provisions.
(2)
Special permits. No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a special permit is granted by the Board of Appeals. Said Board of Appeals may issue a special permit hereunder (subject to other applicable provisions of this bylaw) if the application is compliant with the following provisions:
(a)
The proposed use shall comply in all respects with the provisions of the underlying district; and
(b)
Within 10 days of receipt of the application, the Board of Appeals shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Inspector. Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed; and
(c)
All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood; and
(d)
The Board of Appeals may specify such additional requirements and conditions it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.
§ 300-17.1 Marijuana overlay districts. [1]
[Added 11-20-2019 STM by Art. 8]
A.
Purposes.
(1)
To provide for marijuana establishments and medical marijuana treatment centers in suitable locations and under strict conditions.
(2)
To regulate the siting, design, placement, operation, safety, monitoring, modification and removal of any marijuana establishment and medical marijuana treatment center that may be located within the overlay districts.
(3)
To minimize the adverse impacts of any marijuana establishment and medical marijuana treatment center on the Town, nearby properties, residential neighborhoods, schools and other places where minors congregate, local historic districts, and other land uses incompatible with said establishments.
B.
Applicability.
(1)
The commercial cultivation, production, processing, manufacturing, packaging, testing, retail or wholesale trade, distribution, transporting, dispensing, researching and studying of marijuana for adult use is prohibited in the overlay districts unless permitted as a marijuana establishment under this Article IV, § 300-17.1.
C.
Siting.
(1)
The Marijuana Use Overlay District-A (which includes Use District Highway-Business) and the Marijuana Use Overlay District-B (which includes certain parcels on School Street) are hereby established as overlay districts as shown on the maps entitled "Adult Use Marijuana Establishment Overlay District-A" dated August 26, 2019, and "Adult Use Marijuana Establishment Overlay District-B" dated August 26, 2019, respectively, both on file with the Town Clerk and hereby made a part of this chapter. Marijuana establishments and medical marijuana treatment centers that are sited within these overlay districts are subject to all of the provisions of this Article IV, § 300-17.1.
(2)
The following classes of marijuana establishments and medical marijuana treatment centers, if sited within the Marijuana Use Overlay District-A, will be subject to all of the provisions of this article:
(a)
Marijuana retailer;
(b)
Marijuana cultivator;
(c)
Craft marijuana cooperative;
(d)
Marijuana product manufacturer;
(e)
Marijuana research facility;
(f)
Marijuana testing laboratory;
(g)
Marijuana transporter;
(h)
Marijuana micro-business; and
(i)
Medical marijuana treatment centers engaged in cultivating, processing, manufacturing and/or dispensing.
(3)
The following classes of marijuana establishments, if sited within the Marijuana Use Overlay District-B, will be subject to all of the provisions of this article:
D.
Administration and procedure.
(1)
Marijuana establishments and medical marijuana treatment centers (hereinafter collectively referred to as "marijuana uses") may be allowed in locations set forth in this Article IV, § 300-17.1, by special permit from the Planning Board (the "SPGA") in accordance with MGL c. 40A, § 9, only subject to the procedures, regulations, requirements, conditions and limitations set forth herein.
(2)
Marijuana uses may be co-located at the same site, subject to compliance with all applicable requirements in MGL c. 94G and 935 CMR 500 et seq., MGL c. 94I and 935 CMR 501 et seq. and 935 CMR 502 et seq.
(4)
In addition to the standard special permit application form, an applicant for a special permit under this article shall also submit the following:
(a)
A copy of the final, executed Host Community Agreement ("HCA") between the applicant and the Town of Templeton.
(b)
A written description of the status of its application or applications to the Cannabis Control Commission relative to the establishment at issue, or a copy of such license, as applicable.
(c)
A list of any waivers of regulations that the applicant seeks to obtain from the Cannabis Control Commission, or a copy of any such waivers that the Commission has issued to the applicant, as applicable.
(d)
Copies of all policies and procedures approved by the Cannabis Control Commission, including without limitation the applicant's operating and safety procedures, or copies of such policies and procedures that the applicant intends to submit to the Commission, as applicable.
(e)
For applications for a marijuana cultivator, a craft marijuana cooperative, marijuana micro-business, or medical marijuana treatment center engaged in cultivation, information demonstrating that the applicant has considered the following factors in its design and its operating plan:
[1]
Identification of potential energy use reduction opportunities (such as natural lighting and energy efficiency measures), and a plan for implementation of such opportunities;
[2]
Consideration of opportunities for renewable energy generation, including, where applicable, submission of building plans showing where energy generators could be placed on the site, and an explanation of why the identified opportunities were not pursued, if applicable;
[3]
Strategies to reduce electric demand (such as lighting schedules, active load management, and energy storage); and
[4]
Engagement with energy efficiency programs offered pursuant to MGL c. 25, § 21.
[5]
Identification of potential water recycling opportunities (such as implementation of water recapture methods, including the use of HVAC condensate).
(f)
The quantity and source or sources of all marijuana and marijuana products that will be sold at the proposed marijuana establishment and/or medical marijuana treatment center, as applicable.
(g)
The quantity of marijuana and marijuana products that will be cultivated, processed, manufactured, packaged, transported, tested, or studied at the marijuana establishment and/or medical marijuana treatment center, as applicable.
(h)
Written statement confirming that no marijuana or marijuana products will be smoked, burned, vaped, aerosolized or consumed on the premises as part of the cultivation, manufacturing, testing or researching operations, as applicable, or a statement explaining how any such uses have been authorized by the Commission.
(i)
Names and addresses of each owner of the marijuana establishment and/or medical marijuana treatment center, and where the owner is a business entity, the names and address of each owner of that establishment.
(j)
If applicable, a copy of the applicant's Articles of Organization, a current Certificate of Legal Existence from the Commonwealth, and the most recent annual report.
(k)
Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies.
(l)
Evidence that the applicant has site control and the right to use the proposed site as a marijuana establishment and/or medical marijuana treatment center. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.
(m)
In addition to what is otherwise required to be shown on a site plan pursuant to Article VIII, Administration and Procedures, § 300-32C, the applicant shall provide details showing all exterior proposed security measures for the premises, including but not limited to lighting, fencing, gates and alarms to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the site (indoors and outdoors) such as public access areas, employee only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the SPGA can evaluate the design and operational standards contained in this Article IV, § 300-17.1D.
(n)
Certification to the SPGA that the applicant has filed copies of the special permit application as required by § 300-17.1D(4).
(5)
Upon the filing of the special permit application with the SPGA, the applicant shall simultaneously deliver copies of the full application to the Select Board, the Building Commissioner, the Board of Health, the Police Department and the Fire Department.
[Amended 6-17-2020 ATM by Art. 10]
E.
Special permit requirements.
(1)
No marijuana establishment or medical marijuana treatment center shall be located within 500 feet of a preexisting public or private school providing education in kindergarten or any of grades one through 12. This distance shall be measured in a straight line from the nearest point of the building containing the marijuana establishment or the medical marijuana treatment center to the nearest point of the property line of the lot containing the school.
(2)
Any marijuana use that seeks to expand or alter its operations so as to come within a new class or subclass of marijuana establishment, as identified 935 CMR 500.050(1)(d), or a medical marijuana treatment center seeking to engage in a permissible activity not previously permitted, shall obtain a new special permit prior to undertaking such expansion or alteration.
(3)
No smoking, burning, vaping, aerosolization or consumption of any marijuana product shall be permitted at any marijuana establishment or medical marijuana treatment center, except as may be authorized by 935 CMR 500 et seq. or 935 CMR 501 et seq.
(4)
All shipping and receiving areas shall serve the marijuana establishment and/or medical marijuana treatment center exclusively.
(5)
The use shall have adequate water supply, stormwater systems, sewage disposal, and surface and subsurface drainage.
(6)
Adequate lighting, including night lighting that provides for monitoring or building and site security, including those measures to prevent diversion of marijuana and marijuana products cultivated outdoors.
(7)
The marijuana use shall provide and keep up to date contact information as required by the Chief of Police and Building Commissioner, such as name, telephone number and electronic mail address of a contact person who must be available 24 hours a day, seven days a week.
(8)
No special permit shall be issued unless the applicant has executed a Host Community Agreement with the Town in accordance with MGL c. 94G, § 3.
F.
Special permit approval criteria. The SPGA may issue a special permit for a marijuana use only if it finds that the project satisfies the requirements of § 300-31, this Article IV, § 300-17.1, and the following additional special permit criteria:
(1)
The marijuana use is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all state laws and regulations; provided, however, that issuance of a valid license pursuant to MGL c. 94G and/or MGL c. 94I, as applicable, may be a condition of the special permit.
(2)
The proposed use is designed to minimize any adverse impacts on the residents of the Town.
(3)
The marijuana use adequately addresses issues of vehicular and pedestrian traffic, circulation and parking, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.
G.
Special permit conditions.
(1)
In addition to compliance with MGL c. 94G and 935 CMR 500 et seq., MGL c. 94I and 935 CMR 501 et seq. and 935 CMR 502 et seq., as applicable, the SPGA may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area, including, without limitation, the following:
(a)
Minimization of the impacts of increased noise and traffic.
(b)
Imposition of security precautions related to the high value of products and case transactions.
(c)
Deterring the presence of unauthorized or ineligible persons at, or near, the marijuana use.
(d)
Imposition of measures to prevent diversion of marijuana and marijuana products.
(e)
Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.
(f)
Conditions, consistent with the State Building Code, relating to energy efficiency and conservation.
(2)
The SPGA shall include conditions concerning the following in any special permit granted pursuant to this article:
(a)
Hours of operation, including dispatch for any home delivery.
(b)
Compliance with the Host Community Agreement.
(c)
The submission of a copy of the license from the Cannabis Control Commission with the SPGA and the Building Commissioner prior to the issuance of a building permit, certificate of occupancy, or commencement of use, whichever occurs first.
(d)
The reporting of any incidents to the Building Commissioner as required pursuant to applicable Cannabis Control Commission regulations within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations and shall be provided to the Chief of Police and the Select Board.
[Amended 6-17-2020 ATM by Art. 10]
(e)
The reporting of any cease-and-desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Cannabis Control Commission or the Division of Administrative Law Appeals, as applicable, regarding the marijuana use to the Building Commissioner within 48 hours of the applicant's receipt.
(f)
Copies of all reports submitted to any state agency, including, but not limited to, the reports required by applicable Cannabis Control Commission describing the establishment's liability insurance coverage, and the annual security system audits shall be submitted to the SPGA within five business days of submission to the state. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
(g)
Documentation to the SPGA that each marijuana establishment agent and/or medical marijuana treatment center agent has completed training regarding the proper handling of marijuana prior to performing job functions. Such documentation must be provided to the Board within five business days of the completion of such training. Annually, the establishment shall provide documentation to the SPGA and the Select Board that all marijuana establishment agents and/or medical marijuana treatment center agents have received at least eight hours of ongoing training.
[Amended 6-17-2020 ATM by Art. 10]
(3)
The issuance of a special permit pursuant to this article shall also be subject to the following:
(a)
The holder of a special permit shall annually file an affidavit with the Building Commissioner demonstrating that it is in good standing with respect to its license from the Cannabis Control Commission and any other applicable state licenses.
(b)
The holder of a special permit shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation of the marijuana use or the expiration or termination of the permit holder's license from the Cannabis Control Commission.
[1]
Editor's Note: The provisions in this section were originally adopted as § 300-17.A et seq., but were renumbered to maintain the organizational structure of the Code.