[Amended 5-9-1994 ATM by Art. 21]
A.
Purpose.
(1)
The Wetland Protection District is an overlay protection district. It applies to all lands within 100 feet of a wetland resource area as defined under MGL c. 131, § 40, the Wetlands Protection Act, and Chapter 139, Wetlands Protection, of the Code of the Town of Belchertown and as shown on an overlay on the Town Zoning Map referred to as in § 145-5 of this chapter.
(2)
The purpose of this section is to:
B.
Permitted uses. Any use permitted in the underlying
zone (Village Residential, Multiple-Dwelling Residential, Agricultural-A
and Agricultural-B, Mobile Home Park Residential, Limited Business,
General Business, Industrial or Floodplain District) is permitted
in the Wetland Protection District.
[Amended 5-8-2023 ATM by Art. 23]
C.
A building permit in the Wetland Protection District
shall be obtained in the following manner:
(1)
The applicant shall submit to the Building Inspector
the original or a certified copy, in addition to other requirements
for a building permit, of:
(a)
A negative determination of applicability of
the Massachusetts Wetlands Protection Act, MGL c. 131, § 40,
issued by the Conservation Commission, as described in that Act; or
(b)
An order of conditions, as defined in the Wetlands
Protection Act, issued by either the Belchertown Conservation Commission
or the Massachusetts Department of Environmental Protection, covering
the proposed structures and related improvements.
D.
Any use or uses which may be permitted by special permit in the underlying zone by the Board of Appeals are also permitted by special permit in the Wetland Protection Overlay, as long as they conform to Article XIII of this chapter (Board of Appeals) and with any and all requirements of the applicable zone. The applicant shall submit to the Board of Appeals, in addition to other requirements for a special permit, a determination of applicability of the Massachusetts Wetlands Protection Act from the Conservation Commission, as described in that Act.
E.
Anyone filling, dredging, grading or otherwise altering land, water bodies or watercourses within the Wetland Protection Overlay must obtain a permit from the Building Inspector. The Building Inspector shall issue a permit after the applicant has complied with the procedures specified in Subsection C above. Normal maintenance and improvement of land in agricultural use is excepted from the provisions of this subsection.
A.
Purpose. The purposes of this district are:
(1)
To provide that lands in the Town of Belchertown subject
to seasonal or periodic flooding as described hereinafter shall not
be used for residence or other purposes in such a manner as to endanger
the health or safety of the occupants thereof;
(2)
To protect the persons and property within the Town
of Belchertown from the hazards of flood inundation by assuring the
continuation of natural flow patterns and the maintenance of adequate
and safe floodwater storage capacity; and
(3)
To protect the community against pollution and costs
which may be incurred when unsuitable uses occur along watercourses,
wetlands, ponds and reservoirs or in areas subject to flooding.
B.
District delineation.
(1)
The Floodplain District is established as an overlay
district and shall be superimposed on the other districts established
in this chapter. All regulations on the Belchertown Zoning Map applicable
to such underlying districts shall remain in effect, except that where
the Floodplain District imposes additional regulations, such regulations
shall prevail. All development, 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 requirements
of the Massachusetts State Building Code pertaining to construction
in floodplains.
(2)
The general boundaries of the Floodplain District
are shown of the Town of Belchertown Flood Insurance Rate Map (FIRM)
dated September 2, 1981, as Zones A and A1-30 to indicate the one-hundred-year
floodplain. The exact boundaries of the district are defined by the
flood profiles contained in the Flood Insurance Study. The floodway
boundaries are delineated on the Town of Belchertown Floodway Boundary
Map (FWBM) dated September 2, 1981, and further defined by the floodway
data tables contained in the Flood Insurance Study. These two maps,
as well as the accompanying study, are incorporated herein by reference
and are on file with the Town Clerk, Planning Board and Building Inspector.
(3)
The above-described Floodplain District is hereinafter
also referred to as the "floodplain." The floodway is hereby defined
to include the area shown as within the floodway on the above-referenced
maps and the area within the floodplain which lies 10 feet or more
below the elevation of the floodplain limits. The boundaries of the
floodway shall be determined by the limits of the more extensive of
the aforesaid areas.
(4)
Within Zone A, where the one-hundred-year flood elevation
is not provided on the FIRM, the developer/applicant shall obtain
any existing flood elevation data and they shall be reviewed by the
Building Inspector for their reasonable utilization toward meeting
the elevation or floodproofing requirements, as appropriate, of this
section or the State Building Code. If the data are sufficiently detailed
and accurate, they shall be relied upon to require compliance with
this chapter and the State Building Code.
C.
Permitted uses. The following uses of low flood damage
potential and causing no obstruction to flood flows shall be allowed,
provided that they are permitted in the underlying district and they
do not require structures, fill or storage of materials or equipment:
(1)
Agriculture (such as farming, grazing, truck farming,
horticulture, etc.).
(2)
Forestry or nursery.
(3)
Outdoor recreation (including fishing, boating, play
areas, etc.).
(4)
Conservation of water, plants and wildlife.
(5)
Wildlife management areas and foot, bicycle and/or
horse paths.
(6)
A temporary nonresidential structure used in connection
with fishing, growing, harvesting, storage or sale of crops raised
on the premises.
D.
Uses by special permit. Uses which may be permitted in the floodplain but not the floodway by the Board of Appeals in accord with the regulations listed in Article XIII of this chapter are:
(1)
Nonresidential structures or uses which comply in
all respects with the provisions of the underlying district, including
excavation, filling and storage of materials or equipment.
(2)
Construction and maintenance of at-grade roads, driveways, utilities and other associated roadway facilities when access to land which is not situated in the floodplain is not possible because of ownership patterns or the provisions of Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown.
E.
General regulations.
(1)
The portion of any lot within the area delineated
in this section may be used to meet the area and yard requirements
for the district or districts in which the remainder of the lot is
situated.
(2)
All encroachments, including fill, new construction,
substantial improvements to existing structures and other development,
are prohibited unless certification by a licensed 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.
(3)
All improvements to existing residential structures
must have their lowest floor (including basement) elevated to or above
the base flood level.
(4)
All new nonresidential structures and substantial
improvements to existing structures must have the lowest floor (including
basement) elevated or floodproofed to or above the base flood level.
(5)
Any extension, restoration or reconstruction to a
preexisting mobile home shall provide that:
(a)
Stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile home will be
at or above the base flood level.
(b)
Adequate surface drainage and access for a hauler
are provided.
(c)
In the instance of elevation on pilings, lots
are large enough to permit steps; piling foundations are placed in
stable soil no more than 10 feet apart; and reinforcement is provided
for piers more than six feet above the ground level.
(d)
The mobile home is anchored to resist flotation,
collapse or lateral movement by requiring that:
[1]
Over-the-top ties shall be provided at each
of the four corners of the mobile home, with two additional ties per
side at intermediate locations and mobile homes less that 50 feet
long requiring one additional tie per side.
[2]
Frame ties shall be provided at each corner
of the home, with five additional ties per side at intermediate points
and mobile homes less than 50 feet long requiring four additional
ties per side.
[3]
All components of the anchoring system shall
be capable of carrying a force of 4,800 pounds.
[4]
Any additions to the mobile homes, except in
an existing mobile home residential park, are prohibited in the floodway.
(e)
The placement of mobile homes, except in an
existing mobile home residential park, is prohibited in the floodway.
A.
Purpose. The purpose of this section is to promote
the health, safety and welfare of the community by protecting and
preserving the groundwater resources of Belchertown from any use of
land or structures which reduce the quality or quantity of its water
resources.
B.
Scope of authority. The Aquifer Protection District
is an overlay district and shall be superimposed on the other 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 Aquifer 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.
C.
Establishment of district. The Aquifer Protection
District is herein established to include all specified lands within
the Town of Belchertown. The intent of the Aquifer Protection District
is to include lands lying within the primary recharge areas of groundwater
aquifers which provide public water supply. The map entitled "Aquifer
Protection District," Town of Belchertown, on file with the Town Clerk,
delineates the boundaries of the district. Where the bounds delineated
are in doubt or in dispute, the burden of proof shall be upon the
owner(s) of the land in question to show where they should be properly
located. At the request of the owner(s), the Town may engage a professional
hydrogeologist to determine more accurately the location and extent
of an aquifer or primary recharge area. In the case of a determination
by a hydrogeologist that the bounds delineated on the above said map
are incorrect for the property in question, the Town shall pay for
the investigation. In the case of a determination by a hydrogeologist
that the bounds delineated on the above said map are correct for the
property in question, the owner(s) shall pay for the investigation.
D.
Prohibited uses. The following uses are prohibited
in the Aquifer Protection District:
(1)
Commercial uses which manufacture, process, store
or dispose of hazardous wastes in amounts exceeding the minimum threshold
amounts requiring compliance with Massachusetts Department of Environmental
Protection Hazardous Waste Regulation 310 CMR 30:
(a)
Trucking or bus terminals and motor vehicle
gasoline sales.
(b)
Car washes, except when located on public water
and sewer.
(c)
Wood preserving and furniture stripping.
(d)
Solid waste landfills, dumps and junk and salvage
yards, with the exception of the disposal of brush and stumps.
(e)
Business and industrial uses, not agricultural,
which involve the on-site disposal of process wastes from operations.
(f)
Disposal of liquid or leachable wastes, except
for:
(g)
Underground storage and/or transmission of oil,
gasoline or other petroleum products, excluding liquefied petroleum
gases.
(h)
Outdoor storage of salt, de-icing materials,
pesticides or herbicides.
(i)
The use of septic system cleaners which contain
toxic chemicals.
(2)
The rendering impervious by any means of more than
15% of the area of any single lot.
E.
Restricted uses.
(1)
Excavation for removal of earth, sand, gravel and
other soils shall not extend closer than five feet above the annual
high groundwater table. A monitoring well shall be installed by the
landowner to show groundwater elevations. This subsection shall not
apply to uses incidental to permitted uses, including but not limited
to providing for the installation or maintenance of structural foundations,
freshwater ponds, utility conduits or on-site sewage disposal. An
access road(s) to extractive operation sites shall include a gate
or other secure mechanism to restrict public access to the site.
(2)
The use of sodium chloride for ice control shall be
minimized, consistent with public highway safety requirements.
(3)
Commercial fertilizers, pesticides, herbicides or
other leachable materials shall not be used in amounts which result
in groundwater contamination.
(4)
Manure shall be stored in a structure which prevents
leachable elements from contaminating groundwater.
(5)
Individual septic systems may not exceed design standards
set in accordance with 310 CMR 15.00 to receive more than 110 gallons
of sewage per 1/4 acre under one ownership per day or 440 gallons
of sewage on any one acre under one ownership, whichever is greater,
except the replacement or repair of an existing system that will not
result in an increase in design capacity above the original design.
F.
Drainage. All runoff from impervious surfaces shall
be recharged in 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.
G.
Uses by special permit.
[Amended 5-9-1994 ATM by Art. 20]
(1)
Nonconforming uses which were lawfully existing, lawfully
begun or in receipt of a building or special permit prior to the first
publication of notice of public hearing for the Aquifer Protection
District section of this chapter may be continued. Such nonconforming
uses may be extended or altered, as specified in MGL c. 40A, § 6,
provided that there is an additional finding by the Board of Appeals
that such a change does not increase the danger of groundwater pollution
from such use. Proposed extensions or alterations of commercial or
industrial activities must include a site plan, as outlined below.
(2)
Procedure. In addition to meeting the requirements of § 145-69 of this chapter, the applicant must file six copies of the plan. Said application and plan shall be prepared in accordance with the data requirements of the proposed development, including but not limited to a site plan, which shall show, but not be limited to:
(a)
Provisions for protection of hazardous materials
from vandalism.
(b)
Provisions for the prevention of corrosion and
leakage of containers storing hazardous materials.
(c)
Provisions for the indoor storage of all hazardous
materials.
(d)
Provisions for impervious floor surfaces with
no interior drain.
(e)
Provisions to prevent hazardous materials spillage
outside.
(f)
Provisions for storage of accumulated waste.
(g)
Provisions for the immediate containment and
cleanup of any hazardous spills.
(3)
Procedures for special permit in the Aquifer Protection
District.
(a)
The Zoning Board of Appeals (ZBA) shall refer
copies of the application to the Board of Health, Planning Board,
Conservation Commission and the Town Engineer, who shall review the
application either separately or jointly and shall submit their recommendations
and comments to the ZBA. Failure of the boards/departments to make
recommendations within 35 days of the referral of the application
shall be deemed a lack of opposition.
(b)
After notice and public hearing, and after due
consideration of the reports and recommendations of the boards/departments,
the ZBA may grant such a special permit, provided that 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 Aquifer Protection
District.
[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.
A.
Purpose. The purpose of this district is to protect
the historic character of the Belchertown Town Common and adjacent
areas of the Belchertown Center.
B.
District delineation.
(1)
The Historic Village Protection District is established
as an overlay district and shall be superimposed on other districts
established in this chapter. Any land lying within the Historic Village
Protection District shall be subject to the development and use regulations
of the underlying district in which the land is situated; provided,
however, that where such regulations are inconsistent with the additional
regulations imposed by the Historic Village Protection District, the
latter regulations shall prevail. Any uses not permitted in the underlying
districts shall remain prohibited.
C.
Mixed uses. Mixed uses are permitted within the Historic Village Protection District (HVP). As defined herein, a mixed use shall constitute the use of a structure which combines a business use or uses within the B-1 Zoning District of the HVP with a residential use or uses. Business uses shall include those allowed in the B-1 Zoning District according to Article III, Use Regulations, of this chapter.
[Amended 5-8-1995 ATM by Art. 27]
D.
Nonconforming uses.
(1)
Nonconforming uses which were lawfully existing, begun
or in receipt of a building permit or special permit prior to the
first publication of notice of public hearing for this chapter may
be continued. Such nonconforming uses may be extended or altered,
as specified in MGL c. 40A, § 6, provided that such a change
does not adversely affect the existing historic character of the Town
Common and Belchertown Center.
(2)
For the purpose of this subsection, any alteration
to the interior of a preexisting nonconforming structure made solely
for the purpose of accommodating a change in or to a conforming use
shall be deemed not to be substantially more detrimental to the neighborhood
than the existing nonconforming structure and shall be allowable as
a matter of right; provided, however, that such interior alterations
comply with all other applicable requirements of the town.
[Added 5-8-1995 ATM by Art. 27]
E.
Prohibited uses. The following uses are prohibited
in the Historic Village Overlay Protection District:
(1)
Smokehouse or sugar house.
(2)
Loam removal for commercial purposes.
(3)
Lounge with more than 1,000 square feet of floor space.
(4)
Veterinary office or animal hospital.
(5)
Motor vehicle service station or motor vehicle repair
shop.
(6)
Motor vehicle sales or rental.
(7)
Commercial transportation.
(8)
Bowling alley.
(9)
Roller-skating rink.
(10)
Public parking areas and garages.
