City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents

§ 255-13 Applicability of use regulations.

[Amended 6-6-1978 by Doc. 103-C]
Except as provided in the Zoning Act or in this chapter, no building, structure or land shall be used except for the purposes permitted in the district as described in this article. Any use not listed shall be construed to be prohibited.

§ 255-14 Meaning of symbols used on Table 1: Table of Use and Parking Regulations.

In the following Table 1: Table of Use and Parking Regulations, the uses permitted by right in the district shall be designated by the letter "P." Those uses that may be permitted as an exception by special permit in the district, in accordance with Articles X and XI, shall be designated by the letter "S." Uses designated as "--" shall not be permitted in the district.

§ 255-15 Uses subject to other regulations.

Uses permitted by right or by special exception shall be subject, in addition to use regulations, to all other provisions of this chapter.

§ 255-16 Table 1: Table of Use and Parking Regulations.

[Amended 6-10-1992 by Doc. 52-C]
Table 1: Table of Use and Parking Regulations, as referenced and included on the accompanying pages, is declared to be a part of this chapter.[1]
[1]
Editor's Note: Said Table 1: Table of Use and Parking Regulations is included at the end of this chapter.

§ 255-16.1 Temporary moratorium on medical marijuana uses.

[Added 7-23-2013 by Doc. 65]
A. 
Purpose and justification. The purpose of the temporary moratorium is to give the City of Haverhill sufficient time after the promulgation of DPH regulations to evaluate the potential land use impacts of medical marijuana treatment centers as such term is defined under the Medical Marijuana Law, and, if necessary and appropriate, to prepare and adopt zoning standards for medical marijuana treatment centers.
B. 
Temporary moratorium provision. For the duration of this temporary moratorium, a medical marijuana treatment center as defined in the Medical Marijuana Law shall be prohibited as a principal and accessory use in all zoning districts, and no use variance shall be granted to allow a medical marijuana treatment center.
C. 
Temporary moratorium expiration. Unless extended, continued or modified by a subsequent action of the City Council and Mayor, the provisions of this temporary moratorium shall expire upon either of the first to occur of:
(1) 
The adoption by the City Council and Mayor of an amendment to this section that explicitly rescinds or replaces this moratorium; or
(2) 
October 1, 2013.

§ 255-17 Notes to table.

A. 
With the exception of Interstate Route 495, no automobile service station shall be built within a five-hundred-foot radius of the property line of an already existing automobile service station. On Interstate Route 495, no automobile service station shall be built within 500 feet of the property line of an already existing automobile service station on the same side of the highway.
[Amended 10-12-1976 by Doc. 135]
B. 
Trailers shall be prohibited in any district, except as provided for in this item.
[Amended 10-12-1976 by Doc. 135-C]
C. 
Access from any R or S Zoning District to an existing roadway which must pass through or into any other R or S Zoning District or through any C or I District is permitted.
[Added 8-14-1973 by Doc. 188]
D. 
Access from any I or C Zoning District to an existing roadway which must pass through or into any other I or C Zoning District is permitted.
[Added 8-14-1973 by Doc. 188]
E. 
Access from any I or C Zoning District to an existing roadway which must pass through an R or S Zoning District may be permitted by a special permit issued by the Board of Appeals.
[Added 8-14-1973 by Doc. 188]
F. 
Over three coin-operated machines, as defined in Chapter 104 of the Code, in any establishment other than bars, clubs and bowling alleys and skating rinks, constitute an amusement arcade (under the general category of amusement facility) allowed only in CH, CG, IG, and BP[1] Zones throughout the City (except for the central business district as defined below where arcades shall not be allowed) which requires a special permit from the Board of Appeals. The sale and/or consumption of alcoholic beverages shall be prohibited in all amusement arcades. For the purpose of this section, the central business district is defined as that area enclosed by the following boundaries: Starting at the point of intersection of Mill Street and Ginty Boulevard southerly along the projected center line of Mill Street to the Merrimack River floodwall; thence westerly along the floodwall to its intersection with the B & M railway line; thence northerly along the railway line to its intersection with the projected center line of Granite Street; thence northeasterly along the center lines of Granite Street and Locust Street to Walnut Street; thence southwesterly along the center line of Walnut Street to Bailey Boulevard; thence easterly along the center lines of Bailey Boulevard and Ginty Boulevard to the point of origin.
[Added 1-12-1982 by Doc. 206-C]
[1]
Editor's Note: Amended in conjunction with Doc. 17-GGG, adopted 8-10-2010.
G. 
Unless specifically exempted by the Building Inspector because of exceptional architectural design and/or site considerations, new single- and two-family structures shall be designed so that the principal facade, i.e., that facade containing the principal entrance (front door), shall be basically parallel to the front lot line.
[Added 7-26-1988 by Doc. 117-B]
H. 
Once a principal facade has been established for any structure or building, whether existing or new, the area between such facade and the adjacent street or public approach to the structure or building shall not be built upon or used for an unattached building or structure in excess of 10 feet in height. This shall apply to the RU and RH Zoning areas only.
[Added 8-13-1996 by Doc. 93-B[2]]
[2]
Editor's Note: This document was reconsidered and amended by the City Council 8-27-1996.

§ 255-18 Floodplain District.

[Added 2-15-1983 by Doc. 219-B/82[1]; amended 5-1-2012 by Doc. 46-B]
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the City of Haverhill designated as Zones A and 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 City of Haverhill are panel numbers 25009C0058F, 25009C0059F, 25009C0066F, 25009C0067F, 25009C0068F, 25009C0069F, 25009C0078F, 25009C0080F, 25009C0083F, 25009C0084F, 25009C0086F, 25009C0087F, 25009C0088F, 25009C0089F, 25009C0091F, 25009C0092F, 25009C0093F, 25009C0094F, 25009C0111F, 25009C0226F, 25009C0227F, and 25009C0231F 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 City Engineer.
A. 
Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data from the City Engineer, and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code and the following special provisions:
(1) 
Structures intended for residential purposes must be built in such a manner that the lowest floor (including basement or cellar) is elevated to or above the base flood elevation.
(2) 
Structures intended for nonresidential purposes must be built in such a manner that the lowest floor (including basement or cellar) is elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, is floodproofed up to the base flood elevation.
(3) 
Structures shall be anchored to resist flotation and lateral movement.
(4) 
Construction of water supply and waste treatment systems shall prevent the entrance of floodwaters.
(5) 
Valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters shall be installed.
(6) 
All electrical equipment, circuits and electrical appliances shall be located in a manner which will assure they are not subject to flood damage.
(7) 
These provisions shall not be interpreted to prohibit the construction of structures underground which are waterproof or are intended to absorb floodwater, provided that such structures do not raise the existing ground elevations nor obstruct the flow of floodwaters.
B. 
Existing structures.
(1) 
Existing structures and appurtenances thereto within the Floodplain District which are inconsistent with these provisions shall be considered nonconforming structures and as such shall be bound by the provisions contained in this chapter (see Article IX), except that a facility permitted and assigned under the provisions of MGL, c. 111, § 150A, may be completed without regard to the floodplain provisions stated herein.
(2) 
In addition, an existing structure, group of structures and appurtenances thereto and a facility permitted and assigned under MGL, c. 111, § 150A, may be expanded, altered and/or otherwise improved by right, without regard to the floodplain provisions stated herein, provided that such improvement, alteration and/or expansion which is inconsistent with said floodplain requirements does not exceed 50% of the market value of the existing structure or facility as defined under "substantial improvement" when completed.
C. 
In the floodway, designated on the Flood Insurance Rate Map, the following provisions shall apply:
(1) 
All encroachments, including fill, new construction, substantial improvement to existing structures and other development, 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.
D. 
Base flood elevation and floodway data.
(1) 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, 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 base flood discharge.
(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.
E. 
Use regulations.
(1) 
The Floodplain District is established as an overlay district to all other districts.
(a) 
All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:
[1] 
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;
[2] 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
[3] 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
[4] 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
(b) 
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.
(2) 
In Zone AE, along watercourses within the City of Haverhill that have a regulatory floodway designated on the Essex County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(3) 
All subdivision proposals must be designed to assure that:
(a) 
Such proposals minimize flood damage;
(b) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided to reduce exposure to flood hazards.
F. 
Notification of watercourse alteration.
(1) 
In a riverine situation, any party proposing to alter or relocate a watercourse shall notify the following:
(a) 
Adjacent communities of Merrimac, West Newbury, Groveland, Boxford, North Andover, and Methuen, Massachusetts and Salem, Atkinson, Plaistow, and Newton, New Hampshire;
(b) 
NFIP State Coordinator —New Hampshire Office of Energy and Planning, Governor Hugh J. Gallen State Office Park, Johnson Hall, 3rd Floor, 107 Pleasant Street, Concord, NH 03301;
(c) 
NFIP State Coordinator — Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104; and
(d) 
NFIP Program Specialist — Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
(2) 
The party shall provide the City of Haverhill Zoning Officer with proof of proper notifications in the form of a notarized affidavit.
G. 
Permitted uses. 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 they 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 nonresidential 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.
[1]
Editor's Note: This ordinance also repealed original § 255-18, Floodplain Districts, added 1-14-1975 by Doc. 357-C/74.

§ 255-18.1 (Reserved)

§ 255-18.2 (Reserved) [1]

[1]
Editor's Note: Section 255-18.2, Waterfront Interim Planning Overlay District, added 5-20-2008 by Doc. 14-B, as amended, was removed from the Code as its provisions expired.

§ 255-19 Watershed Protection District.

[Added 5-5-1998 by Doc. 39-B]
The Watershed Protection District is hereby established as an overlay district. A use permitted in a portion of an underlying district which falls within the Watershed Protection District must additionally comply with the requirements of this § 255-19. Any use prohibited in the portions of the underlying districts so overlaid shall be prohibited within the Watershed Protection District.
A. 
Purpose. The purpose of the Watershed Protection District is to:
(1) 
Promote the health, safety and general welfare of the City;
(2) 
Protect, preserve and maintain the existing and potential water supply and groundwater recharge areas within the City;
(3) 
Preserve and protect the community against detrimental uses and developments in water supply recharge areas;
(4) 
Conserve the natural resources of the City; and
(5) 
Prevent the pollution of the environment.
B. 
Definitions.
ANIMAL FEEDLOT
A plot of land on which 25 livestock or more per acre are kept for the purpose of feeding.
AQUIFER
Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.
DEPOSIT
The deposit, injection, dumping, spilling, leaking, incineration or placing of any material into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
GROUNDWATER
All the water found beneath the surface of the ground, including, without limitation, the slowly moving subsurface water present in aquifers and recharge areas.
HAZARDOUS WASTES
A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in serious or incapacitating 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. These wastes shall include but not be limited to any wastes which fall within the definitions of hazardous waste under the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of MGL. c. 21, §§ 27(8), 52, 57 and 58,[1] all as may be amended from time to time.
IMPERVIOUS SURFACE
Material or structures on, above or below the ground that do not allow precipitation or surface water to penetrate directly into the soil.
LEACHABLE WASTES
Waste materials including, without limitation, solid wastes, sewage, sludge, and agricultural wastes that are capable of releasing waterborne contaminants to the surrounding environment.
POLLUTANT
Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate heated effluent, or other matter, which is or may be discharged, drained or otherwise introduced into any surface or subsurface disposal or conveyance system, or into water of the Commonwealth or the United States.
PRIMARY RECHARGE AREA
Areas which are underlain by superficial geologic deposits including glaciafluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.
PROCESS LIQUIDS
Liquids used in cooling, cleaning or in manufacturing processes which contact raw materials, products, wastes or machinery and which because of that contact may contain pollutants.
RADIOACTIVE MATERIALS
Any of the materials which have a concentration which exceeds the limits set forth in Appendix B, Table II of 10 CFR Part 20 (Standards for Protection Against Radiation) or any other applicable provisions of federal or state law or regulation.
SECONDARY RECHARGE AREA
Areas which are underlain by surficial geologic deposits including till or bedrock, and in which the prevailing direction of surface waterflow is toward public supply wells or potential sites for such wells.
SOLID WASTES
Useless, unwanted, or discarded solid material with insufficient liquid content to be free-flowing. This includes but is not limited to rubbish, garbage, scrap materials, junk, refuse, inert fill material, combustion residues, demolition debris, construction wastes and landscape refuse.
SPECIAL PERMIT GRANTING AUTHORITY
For purposes of this § 255-19 only, the City Council shall be the special permit granting authority.
TOXIC AND HAZARDOUS MATERIALS
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, environmental quality, or to human health, if such substance or mixture were discharged to land or waters of this City. Toxic or hazardous materials include, without limitation, petroleum products, heavy metals, radioactive materials, pathogenic or infectious wastes, solvents, thinners and other materials which are listed as toxic, hazardous or a priority pollutant by the United States Environmental Protection Agency under any of the following laws:
(1) 
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.;
(2) 
Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.;
(3) 
Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
(4) 
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.; and
(5) 
Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.
WATERCOURSE
Any natural or man-made stream, pond, lake, wetland, coastal wetland, swamp or other body of water, and shall include wet meadows, marshes, swamps, bogs and areas where groundwater or loe provide a significant part of the supporting substrate for a plant community for at least five months of the year. "Swamp" shall mean areas where groundwater is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface.
WATERSHED
Lands lying adjacent to water courses and surface water bodies which create the catchment or drainage areas of such water courses and bodies.
[1]
Editor's Note: MGL c. 21, §§ 52, 57 and 58, were repealed by Ch. 704, § 1, Acts of 1979.
C. 
Delineation of Watershed Protection District. The Watershed Protection District is herein established to include all lands within the City of Haverhill lying within the primary and secondary recharge areas of groundwater aquifers and watershed areas of reservoirs which now or may in the future provide public water supply, and, further, should earth work for development purposes shift runoff into the watershed, that development, or the portion that then drains into the watershed, will be included in the overlay district. The map entitled "Watershed Protection Districts," dated 1998, is on file with the City Clerk.
D. 
Use regulations.
(1) 
Permitted uses. The following uses, if permitted within the underlying district, are permitted as of right within the Watershed Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained (including any special permit required by the underlying district), and further provided that no permit is required for said use pursuant to the National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. § 1342, the Surface Water Discharge Permit Program established pursuant to MGL c. 21, § 43, or the Ground Water Discharge Permit Program established pursuant to MGL c. 21, § 43:
(a) 
One individual single-family dwelling unit (which is within the Watershed Protection Overlay District but not within 500 feet of the water bodies outlined in Subsection D(3)(a)[5], one unit within 500 feet does require a special permit) on a lot which is not part of a proposed subdivision and which was not held in common ownership with abutting land on the date this section was adopted. Any single-family subdivision in the Watershed Protection District requires a special permit of the City Council as outlined herein. Any Form A lot or group of contiguous Form A lots located within the Watershed Protection District shall, prior to the issuance of a building permit, comply with the information requirements § 255-66A of this chapter. Places of worship, nonprofit educational development, trade schools, nursery schools, nonprofit schools, colleges or universities and City governmental buildings, provided that no more than 10% of a building lot (including the portion of any new street abutting the lot to the center line of such street) is rendered impervious, and further provided that the slope of the portion of the lot to be built upon, prior to alteration, shall not exceed 15%, wetlands portions excluded.
[Amended 6-27-2000 by Doc. 79-C]
(b) 
Conservation of soil, water, plants and wildlife.
(c) 
Outdoor recreation activities and facilities including unpaved play areas, nature study, boating, fishing, and hunting where otherwise legally permitted, but not involving the use of motor vehicles or motor boats.
(d) 
Wildlife management areas, landings, foot and bicycle paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse.
(e) 
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation structures and devices.
(f) 
Maintenance and repair of any existing structure, provided that no more than 10% of the lot is rendered impervious, or, if the existing impermeable area exceeds 10%, there is no increase in impermeable area;
(g) 
Farming, gardening, nursery, conservation, forestry, harvesting and grazing, provided that fertilizers and other leachable materials are not stored outdoors.
(2) 
Prohibited uses. The following uses are prohibited:
(a) 
Solid waste management facilities, as defined in 310 CMR 19.01, including, without limitation, sanitary landfills, open dumps, incinerators and transfer stations;
(b) 
Land application and storage of sludge and septage, as defined in 310 CMR 23.05;
(c) 
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;
(d) 
Automobile repair shops, auto body shops, automobile garages for five or more vehicles and equipment storage garages;
(e) 
Storage of petroleum products of any kind, including, without limitation, gasoline, waste oil, heating oils, diesel fuel and any other liquid hydrocarbons, except those incidental to normal household use and outdoor maintenance or the heating of a structure, waste oil retention facilities required by MGL c. 21, § 52A, or 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;
(f) 
Facilities that generate, treat, store or dispose of hazardous waste that is subject to MGL c. 21C and 310 CMR 30.00, including, without limitation, solid wastes, hazardous wastes, leachable wastes, chemical wastes, radioactive wastes, and waste oil, except for waste oil retention facility required by MGL c. 21, § 52A, that meet the standards set forth in 310 CMR 22.22(2)(a)(4);
(g) 
Manufacture, use, storage or disposal of toxic or hazardous wastes or materials, excluding normal household activities or those permitted by special permit hereunder;
(h) 
Uses which discharge processed liquids on site; liquid fertilizer, except as permitted for agricultural use; septic tank additive;
(i) 
Storage of road salt, including but not limited to sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads;
(j) 
Stockpiling and disposal of snow and ice containing road salt, including but not limited to 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 streets located outside of the Watershed Protection District;
(k) 
Animal feed lots;
(l) 
Except for excavations for the construction of building foundations or the installation of utility works, the removal of soil, loam, sand, gravel or any other mineral substances within six feet of the historical high ground or surface water level as determined by the local Board of Health, unless the substances removed are deposited on site to achieve a final grading greater than six feet above the historical high ground or surface water markings within 45 days of removal;
(m) 
Disposal of liquid or leachable wastes by on-site sewage disposal systems subject to 310 CMR 15.00, except such systems serving one-or-two-family residences or commercial, industrial or community facilities uses discharging not more than 1,000 gallons per day per 40,000 square feet of lot area and complying with 310 CMR 15.00;
(n) 
Land uses which result in the rendering impervious of more than 10% of any lot (including the portion of any new street abutting the lot to the central line of such street) unless a system for artificial recharge of precipitation that will not result in groundwater pollution is provided, the design of which is approved by the City Council as special permit granting authority pursuant to a special permit;
(o) 
Medical, testing and research laboratories that dispose of biological or chemical wastes on-site or store such wastes outside prior to disposal off-site, except such laboratories associated with a medical group or offices consisting of fewer than three doctors; and
(p) 
Any other use not permitted as of right or by special permit.
(3) 
Uses permissible by special permit.
(a) 
The following uses are permitted, if not prohibited within the underlying district and if authorized by the City Council as special permit granting authority by special permit, in each specific case subject to such additional conditions as the special permit granting authority may impose to protect the water resources of the City of Haverhill:
[1] 
The application of fertilizers, manure and soil amendment for non-domestic or non-agriculture uses, provided that all necessary precautions shall be taken to present any adverse impact on the Watershed Protection District and the interests to be protected thereunder. The applicant shall demonstrate to the satisfaction of the SPGA that such precautions, including but not limited to erosion control techniques, the control of runoff water, the prevention of volatilization of deposition of agricultural chemicals, and the control of nutrient transport and deposition and sedimentation, will be provided as necessary;
[2] 
Commercial, industrial and community facilities uses, provided that all necessary precautions shall be taken to prevent compaction, siltation of wetlands and surface waters, loss of recharge, exfiltration from sewer pipes and contamination by oil, chemicals, and nutrients, as well as any other adverse impact on the Watershed Protection District and the interests to be protected thereunder;
[3] 
The use or storage of toxic or hazardous materials required for treatment of drinking water and public water, treatment facilities, provided those materials are protected to prevent their release to the environment;
[4] 
Any use otherwise permitted as of right or by special permit that requires a permit under the National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. § 1342, the Surface Water Discharge Permit Program established pursuant to MGL c. 21, § 43, or the Groundwater Discharge Permit Program established pursuant to MGL c. 21, § 43;
[5] 
Any building, structure, land-disturbing activity or excavation, excluding that done solely to gather data (i.e. test pits, perk tests and monitoring wells supervised by the Board of Health), within 500 linear feet of the mean high water elevation within the contiguous reservoir of Millvale Reservoir, Kenoza Lake, Johnson's Pond, Chadwick Pond, Crystal Lake, Round Pond or Winnekenni Basin;
[6] 
Any use in § 255-19D(2) where explicit provision is made for a special permit; and
[7] 
Any use where the owner of the land in question shows such land does not lie as either the primary or secondary recharge areas of groundwater aquifers nor the watershed areas of reservoirs that now or may in the future provide public water supply.
[8] 
Any subdivision. In addition to the requirements of this section, the City Council shall also require compliance with procedures outlined in § 255-98 and compliance with the remainder of Article XI, and all applicable special permit requirements of this chapter.
[Added 6-27-2000 by Doc. 79-C]
(b) 
Notwithstanding the provisions of § 255-19D(2), the City Council as special permit granting authority may grant a special permit where an applicant demonstrates that to deny a special permit would constitute a taking of property in violation of the Massachusetts and United States Constitution; provided, however, that no reasonably foreseeable danger to the public health, safety or welfare will arise from such special permit.
E. 
Application.
(1) 
Each application for a special permit shall be filed with the City Council as special permit granting authority and shall comply with the requirements of MGL c. 40A, and the Rules and Regulations of the City Council as special permit granting authority. The application, including any plans and accompanying text, shall be sufficient to allow full evaluation of the proposed use on the Watershed Protection District.
(2) 
The application shall include a list of all state, local and federal permits, licenses and approvals the applicant anticipates will be required for the proposed activity, and the status of all such permits, licenses and approvals.
(3) 
The application shall be prepared in accordance with the data requirements of the proposed development (e.g., erosion and sedimentation control plan);
(4) 
Except for applications under § 255-19D(3)(b), the application shall include 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.
(5) 
The application shall include an analysis by a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology to demonstrate that the proposed activity will not be detrimental to the purposes of this district as set forth in § 255-19A. At a minimum, the analysis shall fully describe the seasonal profile of volumes and directions of groundwater and surface water flows with and without the proposed use, the location and use of all historical, present and potentially suitable future drinking water supplies that could be affected by the use, and the location and use of any surface and/or groundwater that could be affected by the proposed use. The application shall contain adequate data, including field and laboratory measurement results and fully documented calculations. In describing drinking water supplies, the applicant shall document all previously delineated Massachusetts Department of Environmental Protection Aquifer Classification Information for the potentially affected area.
(6) 
Except for applications under § 255-19D(3)(b), the application shall include a full profile of potential events which could adversely affect the normal range of quantity or quality of water leaving the site. Such events shall include any which could reasonably be expected to occur at least once in the lifetime of the proposed use.
F. 
Design and operations guidelines.
(1) 
Except for one single-family dwelling and applications under § 255-19D(3)(b), each applicant for a special permit shall file as part of his application a report showing existing agricultural uses in existence at the time of passage of this section and approved by the Board of Health, prepared by a geologist, earth scientist, other qualified specialist in the field of chemistry and land disposal or registered professional engineer, which shall describe how the proposed use and/or structures satisfy the following items:
(a) 
Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage, or vandalism through measures such as: spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.
(b) 
Location. Where the premises are partially outside of a Watershed Protection District, site design shall, to the maximum degree possible, locate such potential pollution sources as on-site disposal systems outside of the District.
(c) 
Disposal. For any toxic or hazardous wastes produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.
(d) 
Drainage. All increase in runoff generated on the site shall be recharged on-site in a manner demonstrated to assure full protection of the water quality and quantity in the Watershed Protection District. The City Council as special permit granting authority may require off-site disposal of said runoff if it is determined that either on-site recharge is infeasible because of site conditions or is undesirable because of risks to water quality from such recharge. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.
(2) 
The City Council as special permit granting authority may also require the preparation and filing of operations plans for particular uses, which plans may be incorporated as conditions of a special permit.
G. 
Criteria for approval by the special permit granting authority.
(1) 
In addition to the notice otherwise required under this chapter, the City Council as special permit granting authority shall give written notice of any special permit application within the Watershed Protection District to the Board of Health, Planning Department, Conservation Commission, Water, Wastewater, Engineering, Highway, and Building Departments (individually and collectively, "City Authority") and request a report and recommendation from each of the same. After notice and public hearing in accordance with the procedures in § 255-77 of this chapter, the City Council as special permit granting authority may grant such a permit provided that it finds that the proposed use:
[Amended 6-27-2000 by Doc. 79-C]
(a) 
Satisfies the design and operations guidelines set forth in § 255-19F; proposed uses under § 255-19D(3)(b) are not subject to this criterion;
(b) 
Is in harmony with the purposes and intent of this chapter and will promote the purposes of the Watershed Protection District;
(c) 
Is appropriate to the natural topography, soils, and other characteristics of the site to be developed;
(d) 
Will not, during construction or thereafter, have an adverse environmental impact on any water body or watercourse in the district; and
(e) 
Will not adversely affect the quality or quantity of an existing or potential water supply.
(2) 
In granting a special permit, the City Council as special permit granting authority shall impose such additional conditions and safeguards (e.g., the installation of monitoring wells) as will protect the water resources of the City of Haverhill.
(3) 
If any City Authority, within 35 days of the City Council as special permit granting authority's request for comments, opposes the grant of the special permit or recommends conditions and limitations on the grant, the City Council as special permit granting authority must either follow such recommendations, or state in writing as part of its findings the reasons for any departures from such recommendations.
(4) 
In addition to the requirements of this section, the City Council shall also require compliance with procedures outlined in § 255-98 and compliance with the remainder of Article XI, and all applicable special permit requirements of this chapter.
[Added 6-27-2000 by Doc. 79-C]
H. 
Technical.
(1) 
To assist its review of applications for special permits, the City Council as special permit granting authority may engage a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation of hydrogeology to review the application for completeness and accuracy. The City Council as special permit granting authority may retain a professional geologist, hydrologist, soil scientist, or Massachusetts engineer hereunder only for reviewing the applicant's projections of the impact of the proposed activity on the purposes of the district described in § 255-19A, the compliance of the proposed activity with the criteria set forth in § 255-19G, verifying, or supplementing pursuant to § 255-19H(2), information contained in the application, and/or verifying the inclusion of the subject land within the Watershed Protection District.
(2) 
If an application submitted to the City Council as special permit granting authority does not contain adequate data, including field and laboratory measurement results and fully documented calculations, performed or certified by a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology, which verifies groundwater, surface water and drinking water supply information submitted in support of the application and inclusion of the subject land within the Watershed Protection District, the City Council as special permit granting authority may engage a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology to perform analyses and prepare data necessary to provide the information required by § 255-19E(5) and (6) and shall charge the applicant for the cost of providing such information. The City Council as special permit granting authority shall provide the applicant with a statement of work performed and the cost thereof when charging an applicant hereunder. The City Council as special permit granting authority shall not engage such professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology unless it notifies the applicant that the information in the application is not in compliance with said § 255-19E(5) and (6) and provides the applicant an opportunity to supplement the application with information prepared by a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology approved by the City Council as special permit granting authority or is notified by the applicant that the applicant will not supplement the information.
I. 
Reimbursement of costs. It is contemplated that in most cases it will be necessary for the City Council as special permit granting authority to hire consultants (e.g., geologists, engineers, etc.) in connection with the review and evaluation of applications for special permits under this section as set forth in § 255-19H. The reasonable fees and expenses of such consultants shall be borne by the applicant, and each application for a special permit hereunder shall contain an agreement by the applicant to that effect regardless of the decision on his appeal. In order to ensure such payment by each applicant, each applicant shall pay an application fee determined by a fee schedule established by the City Council as special permit granting authority and contained in the Rules and Regulations of the City Council as special permit granting authority, as the same may be amended from time to time. Each application fee shall be used solely to cover the administrative costs of processing and reviewing said application, including consultant fees and expenses, incurred by the City Council as special permit granting authority. The City Council as special permit granting authority shall refund the applicant the balance of the application fee, if any, remaining once such costs have been paid.
J. 
Violations. Written notice of any violation of this section shall be given by the Building Inspector to the responsible person in accordance with § 255-72 of this chapter. Notice to the assessed owner of the property shall be deemed notice to the responsible person. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, the Water Department, and the Conservation Commission. Any violation of this § 255-19 may result in the levying of a fine in accordance with § 255-73 of this chapter.