[Added 12-14-1987 STM by Art. 5; amended 10-26-2009 ATM by Art.
18; 5-14-2012 ATM by Art. 20]
The purpose of this Water Resource District is to:
A.
Promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses of the Town of Salisbury;
B.
Preserve and protect existing and potential sources of drinking water
supplies;
C.
Conserve the natural resources of the Town; and
D.
Prevent temporary and permanent contamination of the environment.
The Water Resource District is an overlay district superimposed
on the zoning districts. This overlay district shall apply to all
new construction, reconstruction, or expansion of existing buildings
and new or expanded uses. Existing, nonconforming uses, buildings,
etc., will not be subject to this authority until such time a substantial
change of conditions or use occurs. Applicable activities and uses
in a portion of one of the underlying zoning districts that falls
within the Water Resource District must additionally comply with the
requirements of the Water Resource District Bylaw. Uses prohibited
in the underlying zoning districts shall not be permitted in the Water
Resource District.
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
Code of Massachusetts Regulations.
Massachusetts Department of Environmental Protection.
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 substance
or mixture were discharged to land or water. Hazardous materials include,
without limitation: synthetic organic chemicals; petroleum products;
heavy metals; radioactive or infectious wastes; acids and alkalis;
solvents and thinners in quantities greater than normal household
use; and all substances defined as hazardous or toxic under MGL c.
21C and c. 21E and 310 CMR 30.00.
Any waste defined in the Massachusetts Hazardous Waste Regulations,
310 CMR 30.010. This includes, but is not limited to, waste oil, waste
solvents, waste oil-based paint and waste pesticides.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
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 310 CMR 19.006.
Massachusetts General Law.
Petroleum or petroleum by-product including, 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.
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 the
Standard Industrial Classification (SIC) Codes set forth 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)[1]], or state regulations and criteria for solid waste disposal.
Areas that could provide significant potable water in the
future.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas include DEP approved Zone I, Zone II,
or Zone III areas.
The liquid, solid, and semi-solid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
Septage does not include any material that is a hazardous waste as
defined by 310 CMR 30.000.
The solid, semisolid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment. Sludge
does not include grit, screening, or grease and oil which are removed
at the head-works 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.
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.
Those land area(s) designated on a map adopted pursuant to
this bylaw that provide recharge to an existing or planned public
drinking water supply well. The Water Resource District includes all
areas designated as a Zone II and approved by the DEP.
The DEP designated protective radius around a public water
system well or well-field.
The DEP approved area of an aquifer which contributes water
to a well under the most severe pumping and recharge conditions that
can be realistically anticipated as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface
water and groundwater drain into Zone II. The surface drainage area
as determined by topography is commonly coincident with the groundwater
drainage area and will be used to delineate Zone III. In some locations,
where surface and groundwater drainage is not coincident, Zone III
shall consist of both the surface drainage and the groundwater drainage
areas.
[1]
Editor's Note: See now 42 U.S.C. § 6944(a)(b).
For the purposes of this District, there are hereby established
within the Town of Salisbury certain groundwater protection areas,
consisting of aquifers or recharge areas which are delineated on a
map. This map is at a scale of one inch to 1,100 feet and is entitled
"Water Resource District Overlay, Salisbury, MA" dated April 10, 2009.
This map is hereby made a part of the Town of Salisbury Zoning Bylaw
and is on file in the office of the Town Clerk, Planning Board, and
Zoning Board of Appeals.
A.
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.
B.
The burden of proof shall be upon the owner(s) of the land to demonstrate
that the location of the District boundary with respect to a parcel(s)
of land is uncertain. Amendments to the Water Resource District require
Town meeting approval.
C.
Where the boundary line of the Water Resource District divides a
lot or parcel, the requirements established by this bylaw shall apply
only to the portion of the lot or parcel located within the Water
Resource District.
The following uses are permitted within the Water Resource District,
provided that all necessary permits, orders, or approvals required
by local, state, or federal law 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.
H.
Construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines,
aqueducts, and tunnels.
I.
Maintenance, repair and replacement of any existing structure or
paved area within the same footprint.
The following uses are prohibited within the Water Resource
District:
A.
Landfills and open dumps as defined in 310 CMR 19.006.
B.
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
C.
Landfills receiving only wastewater and/or septage residuals including
those approved by the Department pursuant to MGL c. 21, §§ 26
through 53; MGL c. 111, § 17; MGL c. 83, §§ 6
and 7, and regulations promulgated thereunder.
D.
Facilities that generate, treat, store, or dispose of hazardous waste
that are subject to MGL c. 21C and 310 CMR 30.00 except for:
E.
Petroleum, fuel oil, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5983 and 5171, not including liquefied
petroleum gas.
F.
Storage of liquid hazardous materials, as defined in MGL c. 21E,
and/or liquid petroleum products unless such storage is:
(1)
Above ground level and on an impervious surface; and
(2)
Either in container(s) or aboveground tank(s) within a building
or outdoors in covered container(s) or aboveground 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.
G.
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31.
H.
Storage of de-icing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate.
I.
Storage of animal manure unless covered or contained within a structure
designed to prevent the generation and escape of contaminated runoff
or leachate.
J.
Earth removal, consisting of the removal of soil, loam, sand, gravel,
or any other earth material to within four feet of historical high
groundwater as determined from monitoring wells and historical water
table fluctuation data compiled by the United States Geological Survey,
except for excavations for building foundations, roads, or utility
works; or unless the substances which are removed are redeposited
within 45 days on site to achieve a final grade greater than four
feet above the historical high water mark.
K.
Discharge to the ground of nonsanitary wastewater including industrial
and commercial process waste water, except:
(1)
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;
(2)
Treatment works approved by the Department 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
(3)
Publicly owned treatment works.
L.
Stockpiling and disposal of snow and ice containing de-icing chemicals
brought in from outside the district.
M.
Storage of commercial fertilizers, as defined in MGL c. 128, § 64,
unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate.
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:
A.
Enlargement of existing uses that do not conform to the Water Resource
District;
B.
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under § 300-40.2). Such activities shall require a special permit to prevent contamination of groundwater;
C.
Any use that will render impervious any lot or parcel more than 15%
or 2,500 square feet, whichever is greater. A system for groundwater
recharge must be provided which does not degrade groundwater quality.
For nonresidential uses, recharge shall be by stormwater infiltration
basins or similar system covered with natural vegetation, and dry
wells shall be used only where other methods are infeasible. For all
nonresidential uses, all such basins and wells shall be preceded by
oil, grease, and sediment traps to facilitate removal of contamination.
Any and all recharge areas shall be permanently maintained in full
working order by the owner. Existing, nonconforming uses and buildings
will not be subject to this authority until such time a substantial
change of conditions or use occurs.
A.
The special permit granting authority (SPGA) under this bylaw shall
be the Planning Board. Such special permit shall be granted if the
SPGA determines, in conjunction with the Board of Health, Conservation
Commission, and Department of Public Works that the intent of this
bylaw, as well as its specific criteria, are met. The SPGA shall not
grant a special permit under this section unless the petitioner's
application materials include, in the SPGA's opinion, sufficiently
detailed, definite, and credible information to support positive findings
in relation to the standards given in this section. The SPGA shall
document the basis for any departures from the recommendations of
the other Town boards, departments or commissions in its decision.
B.
Upon receipt of the special permit application, the applicant shall
transmit one copy to the Board of Health, Conservation Commission,
and Department of Public Works. Failure to respond in writing within
35 days of receipt shall indicate approval, or no desire to comment.
The necessary number of copies of the application shall be furnished
by the applicant.
C.
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 300-40.2 of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(1)
In no way, during construction or thereafter, adversely affect
the existing or potential quality or quantity of water that is available
in the Water Resource District; and
(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)
The SPGA may adopt regulations to govern design features of
projects. Such regulations shall be consistent with subdivision regulations
adopted by the Town of Salisbury.
(4)
The applicant shall file seven copies of a site plan and attachments.
The site plan shall be drawn at a proper scale as determined by the
SPGA and be stamped by a professional engineer. All additional submittals
shall be prepared by qualified professionals. The site plan and its
attachments shall at a minimum include the following information where
pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use.
(b)
For those activities using or storing such hazardous materials,
a hazardous materials management plan shall be prepared and filed
with the Fire Chief and Board of Health. The plan shall include:
[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 cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the Massachusetts Hazardous
Waste Regulations, 310 CMR 30.00; and
[4]
Proposed down-gradient location(s) for groundwater
monitoring well(s), should the SPGA deem the activity a potential
groundwater threat.
(5)
The SPGA shall hold a hearing, in conformity with the provision
of MGL c. 40A § 9, within 65 days after the filing of the
application.
(6)
Notice of the public hearing shall be given by publication and
posting and by first-class mailings to "parties of interest" as defined
in MGL c. 40A § 11. The decision of the SPGA and any extension,
modification, or renewal thereof shall be filed with the SPGA and
Town Clerk within 90 days following the closing of the public hearing.
Failure of the SPGA to act within 90 days shall be deemed as a granting
of the permit.
A.
Written notice of any violations of this bylaw shall be given by
the Zoning Enforcement Officer to the responsible person as soon as
possible after detection of a violation or a continuing violation.
Notice to the assessed owner of the property shall be deemed notice
to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance.
B.
A copy of such notice shall be submitted to the Town Planning Board,
Board of Health, Conservation Commission, and Department of Public
Works. The cost of containment, cleanup, or other action of compliance
shall be borne by the owner and operator of the premises.
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.
