[Amended 5-8-2012 ATM by Art. 7]
8.1.1.
Overlay district. The Floodplain District is herein established
as an overlay district. The district includes all special flood hazard
areas within the Town of Middleton designated as Zone A or AE on the
Essex County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program. The map panels of the Essex County FIRM that
are wholly or partially within the Town of Middleton are panel numbers
25009C0243F, 25009C0244F, 25009C0263F, 25009C0381F, 25009C0382F, 25009C0383F,
25009C384F, 25009C0401F, 25009C0402F, and 25009C403F dated July 3,
2012. The exact boundaries of the district may be defined by the one-hundred-year
base flood elevations shown on the FIRM and further defined by the
Essex County Flood Insurance Study (FIS) report dated July 3, 2012.
The FIRM and FIS report are incorporated herein by reference and are
on file with the Town Clerk, Planning Board, and the Building Commissioner
of the Town of Middleton.
8.1.2.
Permitted uses. The underlying permitted uses are allowed provided
that they meet the following requirements, as well as those of the
Massachusetts State Building Code dealing with construction in floodplains.
The following uses of low flood damage potential and causing no obstructions
to flood flows are encouraged provided they are permitted in the underlying
district and do not require structures, fill, or storage of materials
or equipment:
1.
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
2.
Forestry and nursery uses.
3.
Outdoor recreational uses, including fishing, boating play areas,
etc.
4.
Conservation of water, plants, wildlife.
5.
Wildlife management areas, foot, bicycle, and/or horse paths.
6.
Temporary non-residential structures used in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises.
7.
Buildings lawfully existing prior to the adoption of these provisions.
8.1.3.
Zone A requirements.
1.
Within Zone A, where the base flood elevation is not provided on
the FIRM, the applicant shall obtain any existing base flood elevation
data and it shall be reviewed by the Building Commissioner for its
reasonable utilization toward meeting the elevation or floodproofing
requirements of the State Building Code, as appropriate.
2.
Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is
the lesser, within unnumbered A zones.
8.1.4.
Floodway requirements. In the floodway, designated on the Flood
Insurance Rate Map, the following provisions shall apply:
1.
All encroachments, including fill, new construction, substantial
improvements to existing structures, and other developments, 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.
2.
Any encroachment meeting the above standard shall comply with the
floodplain requirements of the State Building Code.
3.
In Zones A and AE, along watercourses that have not had a regulatory
floodway designed, the best available federal, state, local, or other
floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the best flood discharge.
8.1.5.
Use regulations:
1.
The Floodplain District is established as an overlay district to
all other districts. All development in the district, including structural
and non-structural activities, whether permitted by right or by special
permit, must be in compliance with Chapter 131, Section 40 of the
Massachusetts General Laws and with the following:
|
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain and coastal hazard areas
|
|
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00)
|
|
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00)
|
|
Minimum requirements for Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5)
|
|
Any variances from the provisions and requirements of the above
referenced state regulations may only be granted in accordance with
the required variance procedures of these state regulations.
|
3.
In a riverine situation, the Middleton Conservation Agent shall notify
the following of any alteration or relocation of a water course:
|
Adjacent communities
|
|
NFIP State Coordinator
| ||
|
Massachusetts Department of Conservation and Recreation
| ||
|
251 Causeway Street, Suite 600-700
| ||
|
Boston, MA 02114-2104
| ||
|
NFIP Program Specialist
| ||
|
Federal Emergency Management Agency, Region 1
| ||
|
99 High Street, 6th Floor
| ||
|
Boston, MA 02110
| ||
4.
Existing contour intervals of site and elevations existing structures
must be included on plan proposals.
8.1.6.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
NEW CONSTRUCTION (FOR FLOODPLAIN MANAGEMENT PURPOSES)
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
STRUCTURE (for floodplain management purposes)
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
ZONE A
ZONE AE (FOR NEW AND REVISED MAPS)
ZONE X
Floodplain Overlay District (FPOD) definitions.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE,
or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Floodplain district.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
Structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation
adopted by a community. For the purpose of determining insurance rates,
new construction means structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
See "base flood."
See "floodway."
An area having special flood and/or flood-related erosion
hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, VE.
Any construction, erection, assemblage or other combination
of materials in a fixed location to give support or shelter.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either (a) before the improvement or repair is started,
or (b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
The one-hundred-year floodplain area where the base flood
elevation (BFE) has not been determined. To determine the BFE, use
the best available federal, state, local, or other data.
The one-hundred-year floodplain where the base flood elevation
has been determined.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.
8.2.1.
Purpose. The Watershed Protection District is
established in the Town of Middleton for the following purposes:
1.
To protect the proposed Emerson Brook Reservoir, a
source of water supply for the Town of Middleton;
2.
To preserve and protect the streams, brooks, rills,
marshes, swamps, bogs and other;
3.
To protect, preserve and maintain the water table
and water recharge areas within the said watershed; and
4.
To protect the community from the detrimental use
and development of land and waters within the Watershed Protection
District.
8.2.2.
Overlay district. The Watershed Protection District
is established as an overlay district and shall be enforced by the
Building Commissioner of the Town of Middleton.
8.2.3.
Location. The intent of the Watershed Protection
District is to include all lands, water bodies and watercourses within
it which create the catchment or drainage area of the watershed of
Emerson Brook Reservoir. The district includes all areas within the
Watershed Protection District line designated on the Official Zoning
Map of the Town of Middleton. The Watershed Protection District is
an overlay district and may be superimposed on the other districts
established by these bylaws.
8.2.4.
Dimensional requirements.
1.
Lot area. In the Watershed Protection District, a
lot not less than 40,000 square feet shall be provided for each structure.
2.
Lot coverage. All buildings shall not cover more than
10% of the area of any lot, and not less than 75% of the lot area
shall be free of structures, paving, storage areas or other elements
which preclude vegetation.
3.
Lot frontage and width. In the Watershed Protection
District, the lot frontage and width shall be in accordance with the
requirements of the underlying district.
4.
Height. In the Watershed Protection District, the
height requirements shall be in accordance with the requirements of
the underlying district.
8.3.1.
Purpose. The purpose of this district is to
show on the Zoning Map those areas which, because of their institutional,
public or semipublic purposes, are not intended for business, industry,
or the general types of residential developments provided for in other
zoning districts. The IOD is intended for public and semipublic uses
and for large-scale, designed development of institutions, schools,
academies, camps, campgrounds and recreation areas including dwelling
units for year-round or seasonal use. Such uses shall be allowed as
of right.
[Amended 5-12-2009 ATM by Art. 26]
8.3.2.
Overlay district. The Institutional District
consists of those areas which are owned by public or other tax-exempt
organizations or have already been dedicated or used for public or
semipublic uses, such as public parks and recreation areas, public
buildings, cemeteries, schools, churches, reservoirs and open space
reservations. All new plans for commercial and industrial development
must be reviewed by the Industrial and Commercial Design Review Committee
prior to consideration by the Planning Board and/or Board of Appeals,
in accordance with the provisions of Section 9.6 of this bylaw.
[Amended 5-12-2009 ATM by Art. 28]
8.3.3.
Uses allowed by special permit and site plan
approval. The uses set forth in Table 3.1.1[1] are allowed only if a special permit is issued by the
Board of Appeals. Issuance of a special permit includes the approval
of a site plan. Such activities shall not be offensive, injurious,
or noxious because of sewage, refuse, noise, vibration, smoke, fumes,
dust, odors, danger of fires or explosion or other characteristics
detrimental to a predominantly residential town.
[1]
Editor's Note: See the Table of Use Regulations
included as an attachment to this chapter.
8.3.4.
Effect of inoperative requirements. If by reason
of sale of a part of the property of a public, charitable or educational
institution or holding included in the Institutional District to a
noninstitutional owner, or if for any other reason the restrictions
or requirements of this section shall be or become invalid or inoperative
as to any land shown on the Zoning Map as being in the Institutional
District, then such land shall continue to be zoned in the district
which the Institutional District overlays.
8.3.5.
Dimensional requirements.
1.
Lot area. The minimum lot area shall be in accordance
with an approved site plan.
2.
Lot coverage. All buildings shall not cover more than
25% of the lot.
3.
Lot frontage and width. The minimum lot frontage shall
be 400 feet for each building in an IH District. Otherwise, the minimum
lot frontage shall be that required in the underlying district.
[Amended 5-12-2009 ATM by Art. 32]
4.
Height. The height of any structure shall not exceed
the limitation in the underlying district.
[Amended 5-12-2009 ATM by Art. 32]
[1]
Editor’s Note: Former Section 8.4, Conservancy Overlay
District (COD), was repealed 5-12-2015 ATM by Art. 38.
[Added 5-11-2010 ATM by Art. 29]
8.5.1.
Applicability.
The following regulations shall apply to adult uses as defined in
Section 10 of this bylaw. Adult uses require a special permit from
the Board of Appeals.
8.5.2.
Authority.
This bylaw is enacted pursuant to G.L. Chapter 40A and pursuant to
the Massachusetts Constitution to serve the compelling Town interests
of limiting the location of and preventing the clustering and concentration
of certain adult entertainment enterprises, as defined and designated
herein, because of the deleterious effect in generating crime and
blight.
8.5.3.
Purpose.
It is the purpose of the Adult Entertainment Overlay District to address
and mitigate the secondary effects of the adult entertainment enterprises
and sexually oriented businesses that are referenced and defined herein.
Secondary effects have been shown to include increased crime, adverse
impacts on public health, adverse impacts on the business climate
of the Town, adverse impacts on the property values of residential
and commercial properties, and adverse impacts on the quality of life
in the Town. All of said secondary impacts are adverse to the health,
safety and general welfare of the Town of Middleton and its inhabitants.
1.
The
provisions of this bylaw have neither the purpose nor intent of imposing
a limitation on the content of any communicative matter or materials,
including sexually oriented matter or materials. Similarly, it is
not the purpose or intent of this bylaw to restrict or deny access
by adults to Adult entertainment enterprises or to sexually oriented
matter or materials that are protected by the Constitution of the
United States of America or of the Commonwealth of Massachusetts,
nor to restrict or deny rights that distributors or exhibitors of
such matter or materials may have to sell, rent, distribute or exhibit
such matter or materials. Neither is it the purpose or intent of this
bylaw to legalize the sale, rental, distribution or exhibition of
obscene or other illegal matter or materials.
8.5.4.
Location;
overlay district. The location of the Adult Entertainment Overlay
District is shown on the map titled, "Town of Middleton, Adult Entertainment
Overlay District," dated May 12, 2009. The parcels included in the
Overlay District are identified as: Assessor's Map 26, Parcels 13A,
13B, 13C, 13D, 14 and 16. The Adult Entertainment Overlay District
is an overlay district. To the extent that it provides for land use
activities not otherwise set forth in the underlying district, the
provisions of the overlay district shall control. Otherwise, the underlying
district remains in full force and effect.
|
[Assessor's Map 26, Parcels 13A, 13B, 13C, 13D, 14, & 16
are owned by: Lot 13A owner: Commonwealth of Massachusetts (6.89 acres);
Lot 13B owner: Johnson Trust (1.86 acres); Lot 13C owner: GEK Family
Trust (1.19 acres); Lot 13D owner: by Coviello Trust (1.08 acres);
Lot 14 owner: Danvers Fish and Game Club (80.59 acres); and Lot 16
owner: by Steven Kahan Trust (1.39 acres). See attached map for location
of parcels.[1]]
|
[1]
Editor's Note: Said map is on file in the Town offices.
8.5.5.
Standards.
The following standards apply in the Adult Entertainment Overlay District.
1.
Adult
uses may not exceed 3,500 square feet of gross floor area.
2.
No
adult use special permit shall be issued to any person convicted of
violating the provisions of G.L. c. 119, § 63, or G.L. c.
272, § 28.
3.
No
adult use shall be allowed to disseminate or offer to disseminate
adult matter or paraphernalia to minors or to suffer minors to view
displays or linger on the premises.
8.5.6.
Parking
requirements. The following parking requirements shall apply:
1.
Parking
for adult bookstores, adult paraphernalia stores, and adult video
stores shall meet the requirements for retail establishments.
2.
Parking
for adult cabarets and adult motion picture theaters shall meet the
requirements of places of assembly or restaurants, whichever is greater.
3.
Parking
shall be provided in the side or rear yard area only.
4.
All
parking areas shall be illuminated, and all lighting shall be contained
on the property, and no adult use shall have any flashing lights visible
from outside the establishment.
5.
Parking
areas shall be landscaped in conformance with the appropriate provisions
of the Zoning Bylaw.
8.5.7.
Screening
and buffering. The frontage in this zone will have 30 feet of landscaping
not including any Town or state land, which will also be landscaped
to the pavement. This frontage will be mounded to three feet, then
with a wall and plantings or just plantings to achieve a 50% capacity.
The final six feet toward the building will be grass or plantings
no higher than two feet.
1.
At
the building there will be six feet of landscaping on at least three
sides. The collector sidewalk can either be on the inside of this
six feet or the outside.
2.
The
sides and rear of the property will have a minimum of twenty-foot
green buffer consisting of a six-foot fence or wall and at least eight
feet of landscaping; also there will be a four-inch to six inch street
tree every 25 feet.
3.
All
building openings, entries and windows shall be screened in such a
manner as to prevent visual access to the interior of the establishment
by the public.
8.5.8.
Application
information. The application for a special permit from the Board of
Appeals for an adult use establishment must include the following
information regarding the proposed facility:
1.
Name
and address of the legal owner of the establishment;
2.
Name
and address of all persons having lawful equity or security interest
in the establishment;
3.
Name
and address of the manager;
4.
The
total number of employees and number of employees on a per-shift basis;
5.
Proposed
provisions for security within and without the establishment;
6.
The
physical layout of the interior of the establishment;
7.
Proposed
hours of operation.
8.5.9.
Procedure.
An adult use special permit shall only be issued following a public
hearing held within 65 days after the filing of an application with
the Board of Appeals, a copy of which shall forthwith be given to
the Town Clerk by the applicant.
8.5.10.
Lapse. Any adult use special permit issued under this bylaw shall
lapse within one year, and including such time required to pursue
or await the determination of an appeal from the grant thereof, if
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.
[Added 5-12-2015 ATM
by Art. 39]
8.6.1.
Applicability. The following regulations shall apply to registered
marijuana dispensary (RMD) uses as set forth in Section 3.0, "Use
Regulations," and as shown in the Table of Use Regulations.[1] RMDs are allowed pursuant to a special permit from the
Board of Appeals.
[1]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
8.6.2.
Establishment. The Medical Marijuana Overlay District ("MMOD")
is established as an overlay district. The boundaries of the MMOD
are shown on the Zoning Map on file with the Town Clerk. Within the
MMOD, all requirements of the underlying district(s) remain in effect,
except where these regulations provide an alternative to such requirements.
Land within the MDOD may be used either for 1) a registered marijuana
dispensary ("RMD"), in which case the requirements set forth in this
section shall apply; or 2) a use allowed in the underlying district,
in which case the requirements of the underlying district shall apply.
If the provisions of the MMOD are silent on a zoning regulation, the
requirements of the underlying district shall apply. If the provisions
of the MMOD conflict with the requirements of the underlying district,
the requirements of the MMOD shall control.
8.6.3.
Purpose. To provide for the placement of RMDs, in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of RMDs.
8.6.4.
Definitions. Where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq., and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001 et seq., and otherwise by their plain language.
8.6.5.
Location.
1.
The location of the MMOD is shown on the map titled, "Zoning Map
of the Town of Middleton," dated October 29, 1965, including amendments
approved by the Attorney General and voted at the May 12, 2015, Town
Meeting. The parcels included in the Overlay District are identified
as: Assessor's Map 26, Parcels 13A, 13B, 13C, and 13D.
2.
Proximity to other uses:
a.
RMDs may not be located within 500 feet of the following: school
(including a public or private elementary, vocational, or secondary
school or a public or private college, junior college, or university);
child care facility; library; playground; public park; youth center;
public swimming pool; video arcade facility; or similar facility in
which minors commonly congregate.
b.
The distance under this section is measured in a straight line
from the nearest point of the property line of the protected uses
identified in Section 4.b. to the nearest point of the property line
of the proposed RMD.
c.
The distance requirement may be
reduced by 25% or less, but only if:
i
The applicant demonstrates that the RMD would otherwise be effectively
prohibited within the municipality;
ii
The applicant demonstrates that the RMD will employ adequate
security measures to prevent diversion of medical marijuana to minors
who are not qualifying patients pursuant to 105 CMR 725.004.
8.6.6.
Parking requirements. The following parking requirements shall
apply:
1.
The number of parking spaces required for RMDs shall be the same
as the number required for retail establishments.
2.
Parking shall be provided in the front yard area only.
3.
All parking areas shall be illuminated, and all lighting shall be
contained on the property, and no registered marijuana dispensary
use shall have any flashing lights visible from outside the establishment.
4.
Parking areas shall be landscaped in conformance with the appropriate
provisions of the Zoning Bylaw.
8.6.7.
Screening and buffering. All building openings, entries and
windows shall be screened in such a manner as to prevent visual access
to the interior of the establishment by the public.
8.6.8.
Procedure. The Board of Appeals shall be the special permit
granting authority (SPGA) for an RMD special permit.
1.
Application: In addition to the materials required under Section
9.4 and 9.5 of the Zoning Bylaw, the applicant shall include:
a.
A copy of its registration as an RMD from the Massachusetts
Department of Public Health ("DPH");
b.
Names and addresses of all officers and directors of the establishment,
employees, and managers;
c.
Total number of employees and number of employees on a per-shift
basis;
d.
Proposed hours of operation;
e.
A detailed floor plan of the premises of the proposed RMD that
identifies the square footage available and describes the functional
areas of the RMD, including areas for any preparation of MIPs;
f.
Detailed site plans that, in addition to the requirements of
Section 9.5 (Site plan review), include information on the convenience
and safety of vehicular and pedestrian movement on the site and off
the site, if vehicular and pedestrian traffic off-site can reasonably
be expected be substantially affected by on-site changes;
g.
A description of the security measures, including employee security
policies, approved by DPH for the RMD;
h.
A copy of the emergency procedures approved by DPH for the RMD;
i.
A copy of the policies and procedures for patient or personal
caregiver home delivery approved by DPH for the RMD;
j.
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between RMDs approved by DPH;
k.
A copy of proposed waste disposal procedures;
l.
A description of any waivers from DPH regulations issued for
the RMD; and
m.
Nine copies of application, plans, and supporting materials.
2.
The SPGA shall refer copies of the application to the Board of Selectmen,
Inspection Department, Fire Department, Police Department, Board of
Health, the Conservation Commission, the Department of Public Works,
and the Planning Board. These boards/departments shal1 review the
application and shall submit their written recommendations. Failure
to make recommendations within 35 days of referral of the application
shall be deemed lack of opposition.
3.
After notice and public hearing and consideration of application
materials, consultant reviews, public comments, and the recommendations
of other Town boards and departments, the SPGA may act upon such a
permit.
8.6.9.
Special permit conditions on RMDs. The SPGA shall impose conditions
reasonably appropriate to improve site design, traffic flow, public
safety, protect water quality, air quality, and significant environmental
resources, preserve the character of the surrounding area and otherwise
serve the purpose of this section. In addition to any specific conditions
applicable to the applicant's RMD, the SPGA shall include the following
conditions in any special permit granted under this bylaw:
1.
Hours of operation, including dispatch of home deliveries; but in
no event shall said hours be between 9:00 p.m. and 8:00 a.m.
2.
The permit holder shall file a copy of any incident report required
under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the
SPGA within 24 hours of creation by the RMD. Such reports may be redacted
as necessary to comply with any applicable state or federal laws and
regulations.
3.
The permit holder shall file a copy of any summary cease and desist
order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by DPH or the Division of Administrative Law Appeals, as applicable,
regarding the RMD with the Zoning Enforcement Officer and SPGA within
48 hours of receipt by the RMD.
4.
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
5.
The special permit shall lapse within five years of its issuance.
If the permit holder wishes to renew the special permit, an application
to renew the special permit must be submitted at least 120 days prior
to the expiration of the special permit.
6.
The special permit shall be limited to the current applicant and
shall lapse if the permit holder ceases operating the RMD.
7.
The special permit shall lapse upon the expiration or termination
of the applicant's registration by DPH.
8.
The permit holder shall notify the Zoning Enforcement Officer and
SPGA in writing within 48 hours of the cessation of operation of the
RMD or the expiration or termination of the permit holder's registration
with DPH.
8.6.10.
Exemption from RMD special permit requirement. RMDs that demonstrate that they are protected pursuant to the agricultural exemption under G.L. c. 40A, § 3, are not required to obtain a special permit, but shall apply for site plan approval pursuant to Section 9.5 of the Zoning Bylaw.
8.6.11.
Prohibition Against Nuisances. No use shall be allowed in the
MMOD which creates a nuisance to abutters or to the surrounding area,
or which creates any hazard, including but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise
or vibration, flashes, glare, objectionable effluent or electrical
interference, which may impair the normal use and peaceful enjoyment
of any property, structure or dwelling in the area.
8.6.12.
Severability. The provisions of this bylaw are severable. If
any provision, paragraph, sentence, or clause of this bylaw or the
application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
[Added 6-5-2021 ATM by
Art. 29]
8.7.1.
Purpose of district. The purpose of this Groundwater Protection
District is to:
1.
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 Middleton
and adjacent towns;
2.
Preserve and protect existing and potential sources of drinking water;
3.
Conserve natural resources in the Town of Middleton; and
4.
Prevent temporary and permanent contamination of the environment.
8.7.2.
Scope of authority. The Groundwater Protection District is an
overlay district superimposed on the other zoning districts. This
overlay district shall apply to all new construction, reconstruction,
or expansion of existing buildings and new or expanded uses. Uses
prohibited in the underlying zoning districts shall not be permitted
in the Groundwater Protection District.
8.7.3.
AQUIFER
CMR
COMMERCIAL FERTILIZER
DISCHARGE
DRY WELL
GROUNDWATER PROTECTION DISTRICT
HAZARDOUS MATERIAL
HAZARDOUS WASTE
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
IMPERVIOUS SURFACE
LANDFILL
MassDEP
MGL
NON-SANITARY WASTEWATER
OPEN DUMP
PETROLEUM PRODUCT
RECHARGE AREAS
SEPTAGE
SLUDGE
TREATMENT WORKS
UTILITY WORKS
VERY SMALL QUANTITY GENERATOR
WASTE OIL RETENTION FACILITY
ZONE II
Definitions.
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
Code of Massachusetts Regulations.
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
un-manipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, and other products exempted by state regulations.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, pouring, or placing of toxic or hazardous
material or hazardous waste upon or into any land or water such that
it may enter the surface or ground waters.
A subsurface pit with open-jointed lining or holes through
which stormwater drainage from roofs, basement floors, foundations
or other areas seeps into the surrounding soil.
The land area consisting of aquifers and Zone II recharge
areas as identified on a map and adopted pursuant to this bylaw.
Any substance in any form which because of its quantity,
concentration, or its chemical, corrosive, flammable, reactive, toxic,
infectious or radioactive characteristics, either separately or in
combination with one or more substances, constitutes a present or
potential threat to human health, safety, welfare, or to the environment,
when improperly stored, treated, transported, disposed of, used, or
otherwise managed. Hazardous material includes, without limitation,
synthetic organic chemicals, petroleum products, heavy metals, radioactive
or infectious materials, and all substances defined as toxic or hazardous
under MGL c. 21E. This term shall not include hazardous waste or oil.
A substance or combination of substances which, because of
quantity, concentration, or physical, chemical or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible
illness or pose a substantial present or potential hazard to human
health, safety, or welfare or to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed. This
term shall include all substances identified as hazardous pursuant
to the Hazardous Waste Regulations, 310 CMR 30.000.
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water runoff to penetrate
into the soil.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to the Solid Waste Regulations, 310 CMR 19.006.
Massachusetts Department of Environmental Protection.
Massachusetts General Law.
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including, but not limited to, activities specified in 310
CMR 15.004(6).
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or
state regulations and criteria for solid waste disposal.
Includes, but not limited to, fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils;
oily sludge; oil refuse; oil mixed with other wastes; crude oils;
or other liquid hydrocarbons regardless of specific gravity. "Petroleum
product" shall not include liquefied petroleum gas, including, but
not limited to, liquefied natural gas, propane or butane.
Land areas, such as a Zone II, where precipitation and surface
water infiltrates into the ground to replenish groundwater and aquifers
used for public drinking water supplies.
The liquid, solid, and semi-solid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
This term shall not include any material that is a hazardous waste,
as defined by 310 CMR 30.000.
The solid, semi-solid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment, including
wastewater residuals. This term shall not include grit, screening,
or grease and oil which are removed at the headworks of a facility.
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 pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage, or disposal.
Regulated activities providing for public services, including
roads, water, sewer, electricity, gas, telephone, transportation and
their associated maintenance activities. This term shall include the
installation of detention and retention basins for the purpose of
controlling stormwater.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c. 21, § 52A.
The delineated recharge area to a public drinking water well
as approved by MassDEP and defined under the Massachusetts Drinking
Water Regulations, 310 CMR 22.00.
8.7.4.
Establishment and delineation of Groundwater Protection Overlay
District. For the purposes of this bylaw, there is hereby established
within the Town of Middleton, a certain groundwater protection area
consisting of aquifers or recharge areas. This area is delineated
on the Middleton Zoning Map and is based on the MassDEP Wellhead Protection
Areas (Zone II) layer which is maintained in a MassDEP Enterprise
Geodatabase as a polygon feature class named [ZONE2_POLY] and is hereby
made part of the Groundwater Protection District Bylaw and is on file
in the office of the Town Clerk.
8.7.5.
Permitted uses. This overlay district shall apply to all new
construction, reconstruction, or expansion of existing buildings and
new or expanded uses. All uses permitted in the underlying zoning
district and not specifically prohibited hereby are permitted within
the Groundwater Protection District, provided that all necessary permits,
orders, or approvals required by local, state, or federal law are
also obtained.
8.7.6.
Prohibited uses. The following land uses and activities are
prohibited unless designed in accordance with the specified performance
standards:
1.
Landfills and open dumps;
2.
Landfills receiving only wastewater residuals and/or septage, including those approved by MassDEP pursuant to MGL c. 21, § 26 through § 53, MGL c. 111, § 17, and MGL c. 83, § 6 and § 7;
4.
Stockpiling and disposal of snow or ice removed from highways and
streets located outside of Zone II that contains sodium chloride,
chemically treated abrasives or other chemicals used for snow and
ice removal;
5.
Petroleum, fuel oil, and heating oil bulk stations and terminals,
including, but not limited to, those listed under North American Industry
Classification System (NAICS) Codes 424710 and 454311, except for
liquefied petroleum gas.
6.
Non-sanitary wastewater discharges from industrial and commercial
facilities, except for:
a.
Replacement or repair of an existing system that will not result
in a design capacity greater than the existing system;
b.
Treatment works approved by MassDEP designed for the treatment
of contaminated ground or surface water and operating in compliance
with 314 CMR 5.05(3) or 5.05(13); and
c.
Publicly owned treatment works.
7.
Facilities that generate, treat, store, or dispose of hazardous waste
that are subject to MGL c. 21C and 310 CMR 30.000, except for:
8.
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
9.
Storage of sodium chloride, chemically treated abrasives or other
chemicals used for the removal of ice and snow on roads, unless such
storage is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate;
10.
Storage of commercial fertilizers unless such storage is within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate;
11.
Storage of animal manure per [310 CMR 22.21(2)(b)(4)], unless
such storage is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate;
12.
Storage of liquid hazardous materials and/or liquid petroleum
products unless such storage is above ground level 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 storing of gasoline, provided the replacement is performed in a
manner consistent with state and local requirements;
13.
Earth removal, consisting of the removal of soil, loam, sand,
gravel, or any other mineral substances 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, unless the substances removed are redeposited within 45 days
of removal on site to achieve a final grading greater than four feet
above the historical high water mark and except for excavations for
the construction of building foundations, roads, utility works or
wetland restoration work conducted in accordance with a valid order
of condition issued pursuant to MGL c. 131, § 40; and
14.
Land uses that result in rendering impervious any portion of any lot or parcel located within the GWPOD more than 15% or 2,500 square feet of such area located within such GWPOD, whichever is greater; unless in full compliance with the requirements of the Middleton Stormwater Management Bylaw, Chapter 204, Article I, of the Town of Middleton General Bylaws.
8.7.7.
Nonconforming uses and structures. The Groundwater Protection
Overlay District Bylaw shall not apply to structures or uses lawfully
in existence or lawfully begun. Such prior, lawfully existing nonconforming
uses and structures may continue, provided that no modification of
the use or structure shall be permitted unless authorized in accordance
with Section 3.3, Nonconforming Uses and Structures, of the bylaw.
8.7.8.
Enforcement. Written notice of any violations of this bylaw
shall be given by the Building Commissioner 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 Board of Appeals, Conservation Commission, Department of Public
Works, Fire Department, and Board of Health. The cost of containment,
clean-up, or other action of compliance shall be borne by the owner/operator
of the premises.
8.7.9.
Severability. If any provision of this bylaw is held invalid
by a court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of this bylaw.
