Wayland City Zoning Code
ARTICLE 16
Aquifer Protection District
§ 198-1601 Purpose.
1601.1.
The Town has determined that:
1601.1.1.
The groundwater underlying the Town is the sole source of its drinking water supply.
1601.1.2.
The groundwater aquifers are integrally connected with, and flow into, surface waters that constitute significant resources of the Town.
1601.1.3.
Spills and discharges of petroleum products and other toxic and hazardous materials and discharges of sewage have repeatedly threatened the quality of groundwater and related water resources throughout Massachusetts and elsewhere, posing potential public health and safety hazards and threatening economic losses to the affected communities.
1601.2.
Therefore, the Town has designated an Aquifer Protection District and enacted this Article 16 to:
1601.2.1.
Preserve and maintain the existing and potential groundwater supplies, aquifers and recharge areas of the Town and to protect them from development or land use practices that would adversely affect their quality or quantity.
1601.2.2.
Preserve and protect present and potential sources of drinking water supply for the public health and safety.
1601.2.3.
Conserve the water resources of the Town.
1601.3.
Scope of authority.
The Aquifer Protection District is an overlay district superimposed on the zoning districts. As described in § 198-302.1.4, the Aquifer Protection District is shown on a map on file with the Town Clerk entitled "Town of Wayland Zoning Overlay Districts," Survey Department, 41 Cochituate Road, Wayland, MA 01778, dated December 5, 2003, as amended. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Aquifer 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 Aquifer Protection District. [Amended 5-13-2010 ATM by Art. 28] |
§ 198-1602 Definitions.
1602.1. AQUIFER DEP DISCHARGE DISTRICT GROUNDWATER IEP 1988 IMPERVIOUS SURFACE MASSACHUSETTS GENERAL LAWS MINING OF LAND PERVIOUS UPLAND LOT AREA RECHARGE AREAS RESIDENTIAL LOT SANITARY WASTE SECTION SECURED OPEN SPACE SOLID WASTE SPGA STRUCTURE TOXIC OR HAZARDOUS UPLAND LOT AREA
As used in this Article 16, 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.
The Massachusetts Department of Environmental Protection.
The intentional or accidental introduction of a liquid, or a soluble or leachable solid material, upon or into land or water bodies. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any wastewater disposal system, dry well, catch basin or landfill that has not received site assignment by the Board of Health.
The Aquifer Protection District is the zoning district defined to overlay other zoning districts in the Town of Wayland. The Aquifer Protection District may include specifically designated recharge areas.
The slowly moving subsurface water
The report prepared by IEP, Inc., described in § 198-302.1.5.[1]
Material placed by man, including buildings, that prevents the penetration of surface water into the soil.
Massachusetts General Laws.
The removal of geologic materials, such as topsoil, sand, gravel or bedrock.
The upland lot area less that portion thereof that is covered by impervious surface.
Areas from which precipitation or surface water can migrate into an aquifer.
A parcel of land or lot which is located in a residential zoning district.
[Added 4-29-2002 STM by Art. 3]
Wastewaters arising from ordinary domestic water use, as from toilets, sinks, bathing facilities, etc., and containing such concentrations and types of pollutants as to be considered normal wastes. Where the quantity of sanitary waste is stated, it is to be understood that the quantity is the design quantity as specified by the State Environmental Code, 310 CMR 15.00, or, in the absence of a specification therein, as specified by the Board of Health.
This Article 16.
Land that is permanently dedicated as open space that will not be developed, used for disposal of sanitary waste or farmed. The method of dedication may include a conservation restriction under Massachusetts General Laws c. 184, §§ 26 through 33; Town ownership of land devoted to conservation under Massachusetts General Laws c. 40, § 8C; Town ownership of park land under Massachusetts General Laws c. 45, § 3; or Town ownership of land devoted to protection of municipal wells and/or aquifers under Massachusetts General Laws c. 40, § 39B, or Chapter 80 of the Acts of 1878.
Discarded solid material with insufficient liquid content to be free flowing. This definition includes, but is not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.
The special permit granting authority under this Article 16 (the Planning Board).
A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word "structure" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
Any substance or mixture of such physical, chemical or infectious characteristics as to pose an actual or potential hazard to water supplies or other hazard to human health, if such substance or mixture were discharged to land or waters of this Town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes and acids and alkalies, and also include such products as pesticides, herbicides, solvents and thinners and all substances defined as toxic or hazardous under Massachusetts General Laws c. 21C and 21E and 310 CMR 30.00.
The total area of the parcel of land in question less the area of ponds, streams and wetlands as defined under Massachusetts General Laws c. 131, § 40, as amended.
[1]
Editor's Note: See now § 198-302.1.4.
§ 198-1603 Use restrictions applying to the Aquifer Protection District.
1603.1.
Permitted uses. The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained.
i.
Conservation of soil, water, plants and wildlife;
ii.
Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted;
iii.
Foot, bicycle and/or horse paths, and bridges. Pervious surfaces are preferred.
iv.
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
v.
Maintenance, repair, and enlargement of any existing structure, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
vi.
Residential development, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
vii.
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
viii.
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 related to these activities are not categorically permitted.
ix.
Any use permitted in the underlying zoning district, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses).
1603.2.
Prohibited uses. The following uses are specifically prohibited within the Aquifer Protection District:
[Amended 4-29-2002 STM by Art. 3; 5-6-2004 ATM by Art. 22]
1603.2.1.
Sanitary landfills and open dumps as defined in 310 CMR 19. 006; disposal or stockpiling of solid wastes, other than brush and stumps; and disposal of brush or stumps by burial with less than four feet of clearance above the maximum water table, as defined by the Board of Health. Landfills receiving only wastewater residuals and/or septage. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
1603.2.2.
Junkyards or motor vehicle salvage operations as defined in Massachusetts General Laws Chapter 140B, SEction 1.
1603.2.3.
Storage of deicing chemicals, unless such storage and required loading areas are within a weatherproof structure having an impervious floor designed to prevent the generation and escape of contaminated runoff or leachate and only if all loading and unloading will be done within that shelter, with provisions for a separate closed drain system for safe disposal.
1603.2.4.
Stockpiling/disposal of snow transported into the district containing deicing chemicals.
1603.2.5.
Dry-cleaning establishments where cleaning is performed on the premises in open or non-self-contained units.
1603.2.6.
Commercial establishments for the plating, finishing, etching or polishing of metals or semiconductors.
1603.2.7.
Painting, wood preserving, wood finishing or stripping paint on a commercial scale or on a scale more than that which is required for maintenance of existing structures and facilities.
1603.2.8.
Manufacture of semiconductors or other electronic components or electronic circuit assembly on a commercial scale where hazardous materials are used.
1603.2.9.
Chemical or bacteriological laboratories on a commercial scale.
1603.2.10.
Commercial establishments for printing, photocopying or photographic processing where the processing is performed in open or non-self-contained units.
1603.2.11.
Storage of liquid petroleum products and liquid hazardous waste, except the following:
[Amended 5-13-2010 ATM by Art. 28]
a)
Normal household use, outdoor maintenance, and heating of a structure;
b)
Waste oil retention facilities required by statute, rule, or regulation;
c)
Emergency generators required by statute, rule, or regulation; and
d)
Treatment works approved under 314 CMR 5.00 for treatment of ground and surface waters; provided that such storage, listed in items a) through d) above, meets the requirements of § 198-1603.3.10.
1603.2.12.
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) 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.
1603.2.13.
Hotels or motels.
1603.2.14.
Any other use that includes the generation, the manufacture, use, transportation or disposal of toxic or hazardous waste, except for the following:
[Amended 5-13-2010 ATM by Art. 28]
a)
Very small quantity generators as defined under 310 CMR 30.000;
b)
Household hazardous waste centers or 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 DEP designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.
1603.2.15.
Any floor drainage system in existing facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage area, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.00) or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.
1603.2.16.
Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), 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)
Treatment works approved by the DEP designed for the treatment of contaminated ground or surface waters operated in compliance with 314 CMR 5.05(3) or 5.05(13); and
c)
Publicly owned treatment works or POTW's.
1603.2.17.
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 US Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any other subsequent amendments.
1603.2.18.
Storage of commercial fertilizers, as defined in Massachusetts General Laws Chapter 128, Section 64, unless stored within a structure designated to prevent the generation and escape of contaminated runoff or leachate.
1603.2.19.
Storage of animal manure unless stored within a structure designated to prevent the generation and escape of contaminated runoff or leachate.
1603.3.
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 they may require:
[Amended 5-6-2004 ATM by Art. 22]
1603.3.1.
Golf courses, whether public or private.
1603.3.2.
Commercial cabinetry or furniture making. (Note that painting, wood preserving, wood finishing and stripping of paint are prohibited.)
1603.3.3.
Cluster developments, planned developments and other forms of flexible development that require special permits under other articles of this Zoning Bylaw.
1603.3.4.
Any use with the exceptions of uses described in Subsections 1603.3.5 and 1603.3.6 below, where the design flow of sanitary waste exceeds a total of 10,000 gallons per day for the entire project.
1603.3.5.
Municipal wastewater treatment facilities with on-site disposal of effluent from primary or secondary treatment. (See also § 198-1603.2.1 herein.)
1603.3.6.
Individual on-site sewage disposal systems shall comply with Board of Health and DEP requirements for the installation of septic systems in DEP recognized Zone II areas.
1603.3.7.
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 § 198-1603.2). Such activities shall require a special permit to prevent contamination of groundwater.
1603.3.8.
Any other use that involves, as an accessory activity, the storage, use, transportation or disposal of toxic or hazardous materials, not including ordinary household storage or use.
1603.3.9.
Nursing homes or hospitals.
1603.3.10.
Storage of liquid hazardous materials as defined in MGL c. 21E and/or liquid petroleum products unless such storage is above ground and on an impervious surface and either:
a.
In container(s) or above-ground tank(s) within a building; or
b.
Outdoors in covered container(s) or above-ground 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 the replacement of existing tanks or systems for the keeping, dispensing or storage of gasoline, provided that the replacement is performed in a manner consistent with state and local requirements. |
1603.3.11.
The application of pesticides, including herbicides, insecticides, fungicides and rodenticides for nondomestic or nonagricultural uses in accordance with state and federal standards. If applicable the applicant shall provide documentation of compliance with a yearly operating plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved pesticide management plan or integrated pest management (IPM) program under 333 CMR 12.00.
1603.4.
Site plan approval uses. The following uses and activities are permitted only upon the issuance of a site plan approval in accordance with Article 6. The Planning Board shall include the standards and criteria of this Article 16 in addition to those contained in Article 6.
[Amended 5-6-2004 ATM by Art. 22]
1603.4.1.
Commercial or municipal facilities for the washing, servicing or repair of boats or motor vehicles.
1603.4.2.
Dry-cleaning establishments wherein the dry-cleaning materials are completely self-contained and all the disposal of such materials is off-site. The operation and maintenance of this use shall require periodic inspections in accordance with 1606.8.1.5.
1603.4.3.
Commercial establishments for printing, photocopying or photographic processing; wherein the processing materials are completely self-contained and all the disposal of such materials is off-site. The operation and maintenance of this use shall require periodic inspections in accordance with 1606.8.1.5.
1603.4.4.
Commercial laundries.
§ 198-1604 Density restrictions applying to the Aquifer Protection District.
[Amended 4-29-2002 STM by Art. 3]
1604.1.
For residential developments that do not require a special permit and in which the disposal of wastewater is by means of septic tank sewage systems, the density of dwelling units shall not exceed 1 1/2 units per upland acre of the parcel of land being developed.
1604.2.
Any use that will render impervious more than 15% of the lot or 2,500 square feet, whichever is greater shall require site plan approval under this section. A system for ground water recharge for runoff from the impervious surface that does not degrade groundwater quality shall be provided. Under no circumstances shall the impervious surface of a residential lot exceed 30% of the upland area of the lot.
[Amended 11-16-2010 STM by Art. 16]
For developments of five or more residential lots and for all nonresidential uses, stormwater management standards and best management practices (BMP) shall apply; BMPs should be designed to treat 1.0 inch of runoff times the total impervious surface of the post development site and remove 80% of total suspended solids where possible. | |
For nonresidential uses, recharge may be by groundwater infiltration basins or similar systems covered with natural vegetation and dry wells shall be used only where other methods are infeasible. Oil, grease and sediment traps to facilitate removal of contamination shall precede all such basins and wells. The owner shall permanently maintain any and all recharge area in full working order. |
1604.3.
Any change or alteration to an existing nonresidential lot(s) as of the adoption of this section that increases in area or is equivalent to the existing area or that proposes to lessen the amount of impervious surface; but does not meet the thresholds of 1604.2; the change shall require a system for groundwater recharge for runoff that does not degrade groundwater quality.
Recharge shall be by groundwater infiltration basins or similar systems covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. All such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. The owner shall permanently maintain any and all pretreatment devises and the recharge areas in full working order. | |
For any change or alteration to existing lot(s) as of the date of the adoption of this section that proposes to lessen the amount of impervious surface of existing conditions and meets the thresholds of 1604.2; the change in impervious surface shall be permitted as of right. |
§ 198-1605 Division of land parcels.
1605.1.
No division of a parcel of land containing structures shall be permitted if one or more of the resulting parcels would be in violation of this Article 16, unless upland area equivalent to the deficiency thereof on any such nonconforming new parcel is permanently dedicated as secured open space.
1605.2.
No additional development of an already developed parcel shall cause these density restrictions to be exceeded or further exceeded.
§ 198-1606 Special permits within the Aquifer Protection District.
1606.1.
Special permit granting authority (SPGA).
1606.1.1.
The SPGA under this Article 16 is the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission and the Water Department that the intent of this bylaw, as well as its specific criteria, are met. If more than one special permit is required, the SPGA's shall coordinate processing of the applications to the maximum extent feasible.
1606.2.
Material to be submitted by applicants.
1606.2.1.
Eight copies of the application shall be filed with the Town Clerk and certified as to date of receipt. Certified copies shall immediately be transmitted to the SPGA, the Surveying Department, the Water Commissioners, the Board of Health, the Conservation Commission, the Right-To-Know Coordinator and the Hazardous Waste Coordinator. Additional requirements for the application shall be as specified in the rules of the SPGA. Said rules must be promulgated by the SPGA within 120 days of approval of this Article 16 by the Attorney General and shall include the following specifications relative to the information to be supplied with the application:
1606.2.1.1.
A site plan, prepared by a professional engineer or a professional land surveyor, showing existing and proposed structures and the location of all facilities relevant to the other requirements specified in §§ 198-1606.2.1.2 through 1606.2.1.4 below.
1606.2.1.2.
A complete list of all chemicals, pesticides, fertilizers, fuels and other potentially toxic or hazardous materials to be used, generated, stored or disposed of on the premises, in quantities greater than those associated with normal household use together with Materials Safety Data Sheets for each such substance.
1606.2.1.3.
A description of proposed transportation of toxic or hazardous materials within the district, including contractor and amounts to be transported.
1606.2.1.4.
A description of proposed measures complying with § 198-1606.8 herein.
1606.3.
Review by agencies other than the SPGA.
1606.3.1.
Failure by any agency to submit a written recommendation to the SPGA within 45 days from the date on which said agency received the application shall indicate approval, or no desire to comment, by that agency.
1606.4.
Public hearing.
1606.4.1.
The SPGA shall hold a public hearing within the period from 45 to 65 days after the filing of the application, unless said period is extended in accordance with Massachusetts General Laws, c. 40A. Notice of the public hearing shall be given by publication and posting and by first class mailings to parties in interest, as required in Massachusetts General Laws, c. 40A.
1606.5.
Boundary.
1606.5.1.
The boundary of the Aquifer Protection District is that area designated as Zone II by the commonwealth.
1606.6.
The SPGA's decision.
1606.6.1.
The SPGA shall consider the simplicity, reliability and feasibility of the proposed control measures (See § 198-1606.8); and the degree of threat to water quality that would result if the control measures failed to meet expectation or were not properly maintained. It shall then issue a written decision that describes its findings with respect to the several considerations listed in this § 198-1606.6.1. It may grant a special permit if it finds that the proposed use:
1606.6.1.1.
Meets the intent of this Article 16, as well as its specific criteria;
1606.6.1.2.
Will not, during construction or thereafter, have an adverse impact on any aquifer area or recharge area in the district;
1606.6.1.3.
Will not adversely affect an existing or potential domestic or municipal water supply; and
1606.6.2.
In addition to the findings described in § 198-1606.6.1 above, the decision shall include an explanation of any departure from the recommendations of any other Town agencies.
1606.6.3.
For projects that require approval by DEP, the Board of Health and/or the Conservation Commission or require a special permit under other articles of this Zoning Bylaw, the special permit shall include a condition that no building permits shall be issued until evidence has been received by the SPGA that such required approvals have been received.
1606.6.4.
The decision of the SPGA shall be made and filed within a period of 90 days following the close of the public hearing, unless said period is extended in accordance with the provisions of Massachusetts General Laws, c. 40A. Copies of said decision, plus the record of all proceedings, shall be filed with the Town Clerk within 14 days of the date of the decision if the period of the decision is less than the 90-day period described here. Failure of the SPGA to so act within said 90-day period, as extended, shall be deemed a granting of the permit. However, no work shall commence until a certification by the Town Clerk has been recorded as required by Massachusetts General Laws, c. 40A.
1606.7.
Lapse of permits if not used.
1606.7.1.
Special permits issued under this Article 16 shall lapse within two years (not including any time required to pursue or await the determination of an appeal made under the provisions of Massachusetts General Laws, c. 40A) from the grant thereof if a substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.
1606.8.
Design and operation requirements and guidelines.
1606.8.1.
Applications under this Article 16 shall include proposed methods, as described below, for preventing or minimizing harmful effects on the quality or quantity of groundwater in the district.
1606.8.1.1.
Safeguards.
1606.8.1.1.1.
For those activities using or storing hazardous materials, a hazardous materials management plan shall be prepared and filed with the Fire Chief and Board of Health. The plan shall include:
1606.8.1.1.1.1.
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.
1606.8.1.1.1.2.
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
1606.8.1.1.1.3.
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.
1606.8.1.2.
Location.
1606.8.1.2.1.
Where the premises are partially outside the Aquifer Protection District, potential sources of pollution, if permitted, shall be located outside the district to the extent feasible.
1606.8.1.3.
Disposal.
1606.8.1.3.1.
For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods that are in conformance with Massachusetts General Laws, c. 21C.
1606.8.1.4.
Drainage.
1606.8.1.4.1.
All runoff from impervious surfaces shall be recharged on the site to the maximum extent possible. For developments of five or more residential lots and nonresidential uses, Stormwater Management Standards and best management practices shall apply. BMPs should be designed to treat 1.0 inch of runoff times the total impervious surface of the post-development site and remove 80% of total suspended solids. Any and all recharge areas shall be permanently maintained in full working order by the owner, including inspections after major storm events and routine semiannual evaluations for system maintenance.
1606.8.1.5.
Monitoring and inspection.
1606.8.1.5.1.
Periodic monitoring and/or inspections may be required by the special permit granting authority (SPGA) as part of any special permit issued under this Article 16 or by the Planning Board as part of any site plan approval issued under this Article 16, The periodic inspection may include annual or semiannual inspections by the Board of Health, Conservation Commission or Toxic Waste Coordinator. The level of monitoring and/or inspections to be required in any specific situation shall consider both the level of potential hazard and the efficacy of the monitoring and/or inspection.
1606.8.1.6.
Erosion and sedimentation control.
1606.8.1.6.1.
Erosion and sedimentation measures approved by the SPGA or its agent shall be in place before the commencement of any operation that will expose erodible materials to the elements. Filter fabric shall be used for sediment retention. Such control measures shall remain in place until the SPGA or its agent determines that the danger of erosion or sedimentation no longer exists.
1606.9.
Violations.
1606.9.1.
Written notice of any violation of this Article 16, or of any permit issued thereunder, shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of the violations and a reasonable schedule of compliance, including cleanup of any spilled toxic or hazardous materials. A total of 30 days shall be allowed for either compliance or completion of a plan for longer-term compliance. Violations shall be enforced according Chapter 1, General Provisions, Article II, Violations and Penalties.
For situations that require remedial action to prevent adverse impact to the water resources within the Aquifer Protection District, the Town of Wayland, the Building Inspector or the Board of Health 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 Wayland, the Building Inspector or the Board of Health shall act within their jurisdiction to impose fines and/or seek remediation. |
1606.10.
Costs.
1606.10.1.
The SPGA may require fees to be paid by the applicant to cover the costs of advertising, notification by mail and reasonable expenses incurred by the Town in processing an application for a special permit or variance under this Article 16. A schedule of fees shall be published in the SPGA's and/or the Planning Board's rules and regulations.
1606.11.
Severability.
1606.11.1.
A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.
§ 198-1607 District boundary disputes.
1607.1.
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.
1607.2.
The burden of proof shall be upon the owner(s) of the land to show where the bounds should be located. At the request of the owner(s), the Town may engage a professional engineer, hydrologist, geologist or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.