Wrentham City Zoning Code
ARTICLE XV
Aquifer Protection District
§ 390-15.1 Purpose.
The purpose of this Aquifer Protection District is:
A.
To promote public health, safety and general welfare;
B.
To protect, preserve and maintain existing and potential groundwater supplies and groundwater recharge areas;
C.
To preserve and protect existing and potential sources of drinking water supply;
D.
To conserve natural resources;
E.
To prevent blight and pollution of the environment.
§ 390-15.2 Scope of authority.
The Aquifer Protection District is an overlay district and shall be superimposed on other districts established by the Zoning Bylaws of the Town of Wrentham. This overlay district shall apply to all new construction; reconstruction or expansion of existing buildings; and new or expanded uses. Activities or uses that lie within the Aquifer Protection District must comply with the requirements of the district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District.
§ 390-15.3 Nonconforming uses.
In accordance with MGL c. 40A, § 6, nonconforming uses that were lawfully existing, begun, or in receipt of a building permit or special permit prior to the first publication of notice of public hearing for this Aquifer Protection District Bylaw may be continued. Any alteration, change, reconstruction or extension of a nonconforming use or structure must be authorized by a special permit issued by the special permit granting authority (SPGA) as designated herein. Such special permit may be granted only if the SPGA finds that the proposed alteration, change, reconstruction or extension will not increase the danger of groundwater pollution.
§ 390-15.4 District delineation.
[Amended 2-25-2002 STM; 11-13-2006 STM]
A.
The Aquifer Protection District is herein established to include all lands within the Town of Wrentham lying within Zone II and Zone III of existing public water supply wells, including Zone IIs for adjacent towns, and the area designated as "Potential Medium/High Yield". These areas are delineated on a map entitled "Town of Wrentham Aquifer Protection Districts" dated November 2006 and prepared by Earth Tech, Incorporated, which is hereby made part of this Aquifer Protection District Bylaw and the zoning bylaws of the Town of Wrentham, and is on file with the Town Clerk.
B.
In the event that the mapped boundaries of any aquifer included in the Aquifer Protection District differ from observed conditions in the field, the aquifer boundary as determined through field observations shall control. If the Building Inspector determines that a particular property is located within the Aquifer Protection District according to the map, the owner may appeal the determination to the Board of Appeals. The burden of proof shall be on the owner of the land in question to determine, through hydrogeologic data customarily relied upon by experts in that field, where the boundary should properly be located. The Board of Appeals may engage its own consultant to gather relevant data and to review the data submitted in support of the appeal, and may charge the appellant the reasonable costs of such consultation.
C.
If the district boundary line divides a parcel of land, only the portion of such parcel that lies within the Aquifer Protection District shall fall under the jurisdiction of this bylaw, unless activities or uses that are proposed for the portion of the parcel that lies outside the district alter or impact the part inside the district.
§ 390-15.5 Use regulations.
A.
Permitted uses.
(1)
The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, state or federal laws are also obtained:
(a)
Conservation of soil, water, plants and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing and hunting, where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths and bridges;
(d)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
(f)
Development, if permitted in the underlying district, provided that no more than 15% of the building lot is rendered impervious;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting and grazing, provided that fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors;
(h)
Construction, maintenance, repair and enlargement of drinking water supply related facilities, such as (but not limited to) wells, pipelines, aqueducts, and tunnels.
B.
Prohibited uses. The following uses are prohibited in the Aquifer Protection District:
(1)
Landfills and open dumps, as defined in 310 CMR 19.006;
(2)
Landfilling of sludge or septage, as defined in 310 CMR 32.05;
(3)
Storage of sludge or septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(4)
Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per 10,000 square feet per day, or 440 gallons of sewage on 40,000 square feet per day, whichever is greater, except the replacement or repair of an existing system that will not result in an increase in design capacity above the original design. In the case of developments of more than one lot, total development sewage loadings shall be calculated based on the equivalent maximum density of 440 gallons per 40,000 square feet/day, taking into account "build out" conditions and the impact of any open space and/or undevelopable land;
(5)
Storage of deicing chemicals, unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(6)
Storage of animal manure unless covered or contained;
(7)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 10 feet of historical high groundwater (as determined from monitoring wells and historical water table fluctuation data), except for excavations for building foundations, roads, or utility works;
(8)
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;
(9)
Stockpiling and disposal of snow and ice containing deicing chemicals if brought from outside the district;
(10)
Storage of commercial fertilizers and soil conditioners as defined in MGL c. 128, § 64, and pesticides as defined in MGL c. 132B, § 2, unless storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(11)
Storage of hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with secondary containment adequate to contain a spill the size of a minimum of 125% of the container's total storage capacity;
(12)
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:
(13)
Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:
(a)
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
(b)
The replacement of 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;
(c)
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;
(14)
Storage of petroleum products, liquid under ambient conditions, except the following: 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; d) treatment works approved under 314 CMR 5.00 for treatment of ground- or surface waters; provided that storage, listed in items a) through d) immediately above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of a minimum of 125% of the container's total storage capacity;
(15)
Industrial and commercial business (to include home occupations) uses that discharge process wastewater on-site, except wastewater classified as sanitary wastewater under 310 CMR 15.00, State Sanitary Code, Title V.
C.
Uses requiring a special permit. The following uses and activities are permitted by special permit, subject to approval by the SPGA under such conditions as it may require:
(1)
Alteration, change, reconstruction or extension of nonconforming uses or structures, as provided by § 390-15.3;
(2)
The application of pesticides, including herbicides, insecticides, fungicides and rodenticides, for nondomestic or nonagricultural uses, in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should 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[1] approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00;
[1]
Editor's Note: Now the Department of Agricultural Resources.
(3)
The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation.
(4)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, which are permitted in the underlying zoning, except as prohibited under Subsection B.
(5)
Any use that will render impervious more than 15% of any lot. 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 systems 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. All recharge areas shall be permanently maintained in full working order by the owner.
§ 390-15.6 Procedures for issuance of special permit.
[Amended 11-14-2011 STM]
Procedures for issuance of a special permit are as follows:
A.
The special permit granting authority (SPGA) under this section shall be the Planning Board unless the applicant is applying for a special permit under § 390-3.4, Nonconforming lots, structures, and uses, in which case the SPGA shall be the Zoning Board of Appeals.
B.
The SPGA shall refer copies of the application to the Board of Health, Board of Appeals or the Planning Board as appropriate, Conservation Commission and Department of Public Works, which shall review the application and shall submit their recommendations to the SPGA within three days.
C.
The SPGA shall hold a hearing, in conformity with the provisions of MGL c. 40A. However, no work shall commence until a certification is recorded as required by MGL c. 40A, § 11.
D.
The SPGA may grant a special permit only upon finding that the proposed use or activity meets the standards of this bylaw. The proposed use or activity must:
(1)
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of groundwater that is available in the Aquifer Protection District;
(2)
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed;
(3)
Be in harmony with the purpose and intent of this bylaw, as well as its specific criteria.
§ 390-15.7 Severability.
A determination that any portion or provision of this overlay district zoning bylaw is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.