The purpose of this section is to promote the
health, safety and welfare of the community by protecting and preserving
the public drinking water resources of Northampton and abutting communities
from any use of land or structures which reduces the quality or quantity
of its public drinking water resources. There is sufficient data to
show that the minimum lot size in water supply areas should be at
least 80,000 square feet (e.g., the Ward Mott study performed for
the Northampton drinking water supply), although smaller and larger
minimum lot sizes are not uncommon. As such, it is the purpose of
this zoning to generally have a minimum lot size of 80,000 square
feet.
A.
The
Water Supply Protection District-Overlay (O) shall be superimposed
on the commercial districts established by this chapter. All uses,
dimensional requirements and other provisions of this chapter applicable
to such underlying districts shall remain in force and effect, except
that where the Water Supply Protection District imposes greater or
additional restrictions and requirements, such restrictions or requirements
shall prevail. Any uses not permitted in underlying districts shall
remain prohibited.
B.
The
Water Supply Protection District base district shall have the same
restrictions as the overlay, but is generally applied in the areas
intended for low density residential use.
The Water Supply Protection Districts are herein
established to include all specified lands within the City of Northampton.
The intent of the Water Supply Protection Districts is to include
lands lying within the primary and secondary recharge areas of groundwater
aquifers which provide public water supply, as well as watersheds
of public surface water supplies.
The following uses are prohibited in the Water
Supply Protection Districts:
A.
All uses which manufacture, process, store or dispose
of hazardous materials as a principal activity, including, but not
limited to, metal plating, chemical manufacturing, wood preserving
and furniture stripping, auto body repair and dry cleaning.
B.
All facilities that generate, treat, store or dispose
of hazardous wastes which are subject to MGL c. 21C and 310 CMR 30.00
as amended, except very small quantity generators, as defined by 310
CMR 30.353, as may be amended.
C.
Trucking or bus terminals; motor vehicle gasoline
sales.
D.
Car washes, except when located on public water/sewer
systems and disposing of wastewater in said sewer system.
E.
Sanitary landfills and open dumps, as defined in 310
CMR 19.01 as amended, except for sanitary landfills that have a site
assignment permit issued in accordance with 310 CMR 16.000 that predates
the adoption of this amendment and a heavy public use special permit
from City Council. Specific landfill operations and types of wastes
accepted must be in accordance with Massachusetts Department of Environmental
Protection Solid Waste Management Facility Regulations (310 CMR 19.000)
and policies. Ancillary operations associated with the landfill facility
are also acceptable, including various recycling collections, household
hazardous waste collection events, leaf and yard waste composting
and composting of other organic materials.
F.
Automobile graveyards and junkyards, as defined in
MGL c. 140B, § 1, as may be amended, solid wastes, and junk
and salvage yards.
G.
Business and industrial uses which involve the on-site
disposal of process wastes from operations.
H.
Animal feedlots exceeding 10 animals.
I.
Disposal of liquid or leachable wastes, including:
(1)
The installation or enlargement of a subsurface
waste disposal system and any wastewater treatment works that discharges
onto or below the land for any building or use when it is feasible
to hook into a municipal sanitary sewer system B.
(2)
Business or industrial uses which involve the
on-site disposal of wastes from personal hygiene and food preparation
for residents, patrons and employees.
(3)
Land application and storage of sludge and septage
and sludge and septage monofils, as defined in 310 CMR 32.05, as amended.
J.
Petroleum, fuel oil and heating oil bulk stations
and terminals and underground storage of oil, gasoline and all other
petroleum products, excluding propane, liquefied petroleum, and natural
gases. Notwithstanding this prohibition, such storage shall be allowed
outside of any DEP aquifer zone I and II as follows:
(1)
Underground storage of heating oil shall be
allowed where natural gas is not available and where such storage
meets all requirements for secondary containment specified in 527
CMR 1-50; or
(2)
When storage is incidental to emergency generators
required by statute, rule or regulation, provided that such storage
is either in a freestanding container within a building or in a freestanding
container above ground level with protection adequate to contain a
spill the size of the container's total storage capacity.
K.
Underground transmission of oil, gasoline or other
petroleum products, excluding propane, liquefied petroleum and natural
gases.
L.
Storage of sodium chloride (road salt), calcium chloride,
chemically treated abrasives or other chemicals used for the removal
of snow or ice on roads, unless such storage does not exceed 50 gallons
and is within a structure designed to prevent the generation of contaminated
run-off and the off-site stockpiling and disposal of snow or ice containing
sodium chloride, calcium chloride, chemically treated abrasives or
other chemicals used for the removal of snow or ice on roads which
has been removed from highways and streets (other than by plowing
to the edge of the street).
M.
Outdoor storage of pesticides or herbicides, including
those defined in MGL c. 132B, § 2, as may be amended, the
storage of commercial fertilizers and soil conditioners, as defined
in MGL c. 128, § 64, as may be amended, and the stockpiling
of animal manures, unless such storage is within a building or structure
with an impermeable cover and liner designed to prevent the generation
of contaminated run-off or leachate and accidental release onto or
below the land surface.
N.
The use of septic system cleaners which contain toxic
chemicals, including, but not limited to, methylene chloride and 1-1-1
trichlorethane.
O.
Medical, testing and research laboratories that dispose
of biological or chemical wastes.
A.
Excavation for removal of earth, sand, gravel and
other soils shall not extend closer than five feet above the annual
high groundwater table, as determined by the Building Commissioner.
The burden of proof is on the applicant to demonstrate the depth to
annual high groundwater. In addition to information provided by the
applicant, the permit granting authority can rely on and other maps,
studies, or technical information the permit granting authority may
deem relevant. This restriction shall not apply to:
(1)
Sand and gravel operations legally operating
on the date of adoption of this amendment, provided access roads to
the operation include a gate or other secure mechanism to restrict
public access to the site.
(2)
Driveways, walkways and structures extending
no more than six inches into the ground.
(3)
Construction of stormwater detention or retention
basins or the construction of wetland replication areas.
(4)
Water lines, sewers, storm sewers, utility lines,
gas lines, and similar underground conduits and conveyances.
(5)
Uses incidental to permitted uses, including,
but not limited to, providing for the installation of structural foundations;
provided, however, that the Building Commissioner finds that when
such uses are within three feet of the annual high groundwater table:
(a)
Such uses shall incorporate a drainage system
to ensure that groundwater intercepted by footing and curtain drains
is discharged into the ground to recharge the groundwater; and
(b)
That any floor drains inside of a structure
discharge in such a way that any hazardous materials leaks can be
cleaned up more easily than if the drains discharge directly into
the soil.
B.
The use of sodium chloride for ice control shall be
minimized, consistent with public highway safety requirements.
C.
Commercial fertilizers, pesticides, herbicides, or
other leachable materials shall not be used in amounts which result
in groundwater contamination.
D.
Permitted aboveground storage tanks for oil, gasoline or other petroleum products (in accordance with § 350-15.4J) shall be placed within a building with an impermeable basement or placed on a diked, impermeable surface to prevent spills or leaks from reaching groundwater, consistent with the storage containment requirements for aboveground storage tanks in 310 CMR 22.21(2)(b)(5)..
All runoff from impervious surfaces shall be
recharged on the site by being diverted toward areas covered with
vegetation for surface infiltration to the extent possible. Dry wells
shall be used only where other methods are infeasible, and 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.
A.
Uses which may otherwise be permitted in accordance
with the zoning and which shall file an application for a special
permit under this section are:
(1)
Business and industrial activities permitted
in the underlying district (either by matter of right or by special
permit);
(2)
Any excavation incidental to a permitted use
within three feet of the annual groundwater table;
(3)
Any site alteration, structure or impervious
surface, except for municipal uses, within 200 feet of a watercourse
as defined under § 310-15.9 of these regulations.
B.
Special permit and site plan approval applications
for activities in the Water Supply Protection Districts must include
the following, in addition to other requirements of this chapter:
(1)
Provisions to prevent contamination of groundwater
by petroleum products, hazardous materials or wastes;
(2)
Drainage recharge features and provisions to
prevent loss of recharge;
(3)
Provisions to control soil erosion and sedimentation;
(4)
Provisions to prevent soil compaction;
(5)
Provisions to prevent seepage from sewer pipes;
(6)
A complete list of chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use. Those businesses using or storing such hazardous materials shall file a definitive operating plan, which shall comply with the design and operations guidelines specified in § 350-15.8 of this chapter;
(7)
Evidence of compliance with the regulations
of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.
C.
After public hearing and due consideration of the
recommendations it has received, the Planning Board may grant a special
permit if it finds that the proposed use:
(1)
Is in harmony with the purpose and intent of
this chapter and will promote the purposes of the Water Supply Protection
Districts;
(2)
Is appropriate to the natural topography, soils
and other characteristics of the site to be developed;
(3)
Has adequate public sewerage and water facilities,
or the suitable soil for on-lot sewerage and water systems;
(4)
Will not, during construction or thereafter,
have an adverse environmental impact on groundwater resources in the
district; and
(5)
Will not adversely affect the existing or potential
quality and quantity of water in the Water Supply Protection District.
Businesses and industries shall make provisions
for protection against toxic or hazardous materials, discharge or
loss resulting from corrosion, accidental damage, spillage or vandalism,
including, but not limited to, the following:
A.
Spill containment and cleanup provisions to prevent
hazardous material spillage to the environment;
B.
Provisions for the prevention of corrosion and leakage
of containers storing hazardous materials;
C.
Provisions for indoor, secured storage of hazardous
materials and accumulated hazardous wastes, and for protection from
vandalism; and
D.
Provisions for impervious floor surfaces where hazardous
materials are used or stored with no drainage discharge to the environment.
A.
The minimum lot size for any use in the Water Supply
Protection District and the WSP-O shall be 40,000 square feet.
B.
The maximum coverage of impervious surface (building, driveways, etc.) shall be 15% of any newly created lot after the effective date of this ordinance, unless a system for artificial recharge of precipitation that will not result in groundwater pollution is provided and granted a special permit under § 350-15.7 of these regulations. Notwithstanding anything in this chapter, however, the Building Commissioner may allow the following without a special permit:
(1)
Uncovered decks when rainwater can drip between
deck boards and fall to the ground and there is no impervious cover
below the deck; and/or
(2)
Up to a total of 30% impervious cover when roof
drainage is captured by gutters and drained into an adequately sized
dry well, such that the area of the roof recharging into the groundwater
is equal to or greater than the area of impervious surface in excess
of 15%.
C.
No site alterations, structure, or impervious surface,
except for municipal uses, shall be placed within 200 feet of any
watercourse, including streams which do not flow throughout the year
(i.e., which are intermittent), but excluding streams which are up-gradient
of all bogs, swamps, wet meadows, and marshes, where said watercourse
is a tributary to a public water system, unless a special permit is
granted under this chapter.
