Article X Environmental Controls

Applications subject to site plan review shall be accompanied by three prints of plans of the proposal. The Building Inspector shall forward two copies to the Planning Board for its review, and shall not approve any application subject to such review without receipt of written plan approval by the Planning Board or its designated agent, unless 60 days elapse from the date of the first Planning Board meeting following transmittal of plans to the Board.

[Amended 10-24-2000]

If, after receiving an application, the Planning Board determines that in order to review that application it requires technical advice unavailable from municipal employees, it may employ outside consultants. Whenever possible it shall work cooperatively with the applicant to identify appropriate consultants and to negotiate payment of all of consultant fees by the applicant. Alternatively, the Board may require that the applicant pay a reasonable review fee for the employment of outside consultants chosen by the Board alone.

Drawing requirements. A site plan shall be submitted that accurately, and at a scale and in detail acceptable to the Planning Board, locates the boundaries of the lot, adjacent streets or ways, existing and proposed structures, walkways and principal drives and service entries, parking, landscaping, screening, recreation areas, utilities, and storm drainage. For plans creating more than 35,000 cubic feet of building volume or more than 25 parking spaces, site plans must be prepared by a registered architect, landscape architect, or professional engineer, unless this requirement is waived by the Planning Board prior to application because of unusually simple circumstances. For premises in the Light Industry, Light Industry 2 or Enterprise District, submittals to the Planning Board shall also include ground floor plans and architectural elevations.

[Amended 5-3-1988; 6-11-1991; 5-5-2008 ATM by Art. 14; 5-6-2013 ATM by Art. 12]

Decision. Plans shall be approved provided that the Planning Board determines that, subject to any corrections it may require, the requirements of §§ 220-35 to 220-38 will be satisfied; in areas changed in zoning district subsequent to October 7, 1985, the plans are consistent with a concept plan approved at the time of rezoning or subsequently by two-thirds vote of an Annual or Special Town Meeting, or with a special permit authorizing departure from such plan (see § 220-63, Concept plans), and that no other conflicts between the proposal and the Zoning Bylaw have been observed.

§ 220-35 Design guidelines.

[Amended 5-3-1988]

Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of Chapter 301, Subdivision of Land, of the Code of the Town of Lancaster, currently in effect; and shall be so designed that for the given location and type and extent of land use, the design of building form, building location, egress points, grading, and other elements of the development shall be so as to:

[Amended 5-5-2008 ATM by Art. 14; 10-6-2008 STM by Art. 12]

Minimize the volume of cut and fill, the number of removed trees six-inch-trunk diameter and larger, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air or water pollution;

Maximize pedestrian or vehicular safety and convenience within the site and egressing from it;

Minimize obstruction of water views; minimize the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned; and minimize glare from headlights or area lighting.

Assure that the design and location of structures on the site avoid damage to or incompatibility with historical and archeological resources, such as antique buildings and structures, barns, stonewalls, earthworks and graves.

[Added 10-6-2008 STM by Art. 12]

Building design. Within Light Industry, Light Industry 2 or Enterprise Districts, approval of proposals subject to review under § 220-34 shall require a special permit under Subsection C of this section if involving a new building or a building alteration or extension visible from a public way or public property, unless it meets each of the following:

[Amended 6-11-1991; 5-5-2008 ATM by Art. 14; 5-6-2013 ATM by Art. 12]

Primary wall and roof surfaces appear similar to the materials commonly found on existing buildings within the Town;

Major dimensions of the building are approximately parallel or perpendicular to one or more nearby streets, if within 100 feet of such street;

The building is not made in effect a sign through painting with bold colors or other graphics devices, or through otherwise unnecessary use of unconventional building form;

There is some element of consistency with any buildings on abutting premises if facing the same street, such as eave height, wall materials, or window proportions.

If the building exceeds 35,000 cubic feet and contains at least twice the cubage of a principal building on any abutting lot, the building design uses breaks in massing, roof planes, wall planes, and other means to reduce the apparent difference in scale.

Special permits. Special permits required under Subsection B of this section shall be acted upon by the special permit granting authority (SPGA) otherwise required to act upon the application or, if none is otherwise required, by the Planning Board. Such special permits shall be approved if meeting any one or more of the following.

Subject to any conditions the SPGA may impose, the guidelines of Subsections A and B of this section will be met, or

The proposal, despite not meeting one or more of the guide lines, is appropriate to its context, considering the established character of the vicinity, the degree of departure by the proposal from that character, and the functional or symbolic role the structure is intended to play, or

No better compliance would be reasonably possible, considering the basic use and intensity of the proposal, or

§ 220-36 Disturbance controls and lighting.

The proposal will have minimal consequences for Town appearance because of its low public visibility, owing to obscure location or screening.

Guidelines. The Planning Board shall adopt and from time to time amend reasonable guidelines and regulations for their administration

[Amended 10-6-2008 STM by Art. 12]

[Amended 10-6-2008 STM by Art. 12]

§ 220-36.1 Disturbance controls.

[Amended 10-6-2008 STM by Art. 12]

No activity shall be permitted unless the following are met:

Standard. No sound, noise, vibration, odor, or flashing (except for warning devices, temporary construction or maintenance work, parades, special events, or other special circumstances) shall be observable without instruments more than 200 feet from the boundaries of the originating premises at locations within a GI District, or more than 40 feet from the boundaries at locations within any other district. However, the Planning Board may authorize on special permit an activity not meeting these standards, in cases where the Board determines that, because of peculiarities of location or circumstance, no objectionable conditions will thereby be created for the use of other properties.

Performance compliance. For a proposed facility whose future compliance with this requirement is questionable, the Building Inspector may require that the applicant furnish evidence of probable compliance, whether by example of similar facilities or by engineering analysis. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with this standard.

§ 220-36.2 Lighting.

[Added 10-6-2008 STM by Art. 12]

Objective. The regulation of outdoor lighting is intended to enhance public safety and welfare by providing for adequate and appropriate outdoor lighting, provide for lighting that will complement the character of the Town, reduce glare, minimize light trespass, and reduce the cost and waste of unnecessary energy consumption.

Applicability.

The requirements of this section shall apply to outdoor lighting on lots and parcels in all districts, but shall not apply to one- and two-family dwellings on lots on which they are the principal use, streetlighting, lights that control traffic, or other lighting for public safety on streets and ways.

When an existing outdoor lighting installation is being modified, extended, expanded or added to, the entire outdoor lighting installation on the lot shall be subject to the requirements of this section if 20% or more of the fixtures will be new or altered.

Nonconforming temporary outdoor lighting necessitated by construction, special nonrecurrent events, or emergency contingencies may be used upon issuance of a temporary lighting permit by the Building Inspector.

The following light sources are prohibited:

Neon signs;

Mercury vapor and quartz lamps; and

COLOR RENDERING INDEX (CRI)

Searchlights.

Definitions. For the purpose of this section, the following words and phrases shall have the following meanings:

A measurement of the amount of color shift that objects undergo when lighted by a light source as compared with the floor of those same objects when seen under a reference light source of comparable color temperature. CRI values generally range from zero to 100, where 100 represents incandescent light.

CUTOFF ANGLE

The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.

DIRECT LIGHT

Light emitted from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

FIXTURE

The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens or diffuser lens.

FOOTCANDLE

A unit of illumination. One footcandle is equal to one lumen per square foot.

FULLY SHIELDED LUMINAIRE

A lamp and fixture assembly designed with a cutoff angle of 90°, so that no direct light is emitted above a horizontal plane.

GLARE

Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.

HEIGHT OF LUMINAIRE

The vertical distance from the finished grade of the ground directly below to the lowest direct light-emitting part of the luminaire.

INDIRECT LIGHT

Direct light that has been reflected off other surfaces not part of the luminaire.

LAMP

The component of a luminaire that produces the actual light.

LIGHT TRESPASS

The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located, or on-site lighting producing more than 0.3 footcandles horizontal brightness at ground level at any point off premises, except within a street.

LUMEN

A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this bylaw, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.

LUMINAIRE

A complete lighting system, including a lamp or lamps and a fixture.

Plan contents. Wherever outside lighting is proposed, every application for a building permit, electrical permit, special permit, variance, or site plan shall be accompanied by a lighting plan which shall show:

The location and type of any outdoor luminaires, including the height of the luminaire;

The luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles;

The type of lamp, such as metal halide, compact fluorescent, LED or high-pressure sodium;

[Amended 5-7-2018 ATM by Art. 11]

That light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer's data, cross-section drawings, or other means.

Control of glare and light trespass:

Any luminaire with a lamp or lamps rated at a total of more than 2,000 lumens shall be of fully shielded design.

All luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.

Subsection E(1) above shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of a building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.

All lamps subject to this bylaw shall have a minimum color temperature of 2,000° K. and a maximum color temperature of 4,500° K.

[Amended 5-7-2018 ATM by Art. 11]

Control of illumination levels. All parking areas and pedestrian facilities serving nonresidential uses and open to the general public shall be provided with illumination during all hours from dusk to dawn while those facilities are open to the general public. Such illumination shall provide not less than 0.2 average maintained horizontal footcandles. However, in performing site plan review under § 220-34, the Planning Board may approve alternative arrangements if it determines that, because of special circumstances or alternative provisions, the specified illumination is not necessary or appropriate for the protection of the public safety.

[Amended 5-7-2018 ATM by Art. 11]

Lamp types:

Lamp types shall be selected for optimum color rendering as measured by their color rendering index (CRI), as listed by the lamp manufacturer. Lamps with a color rendering index lower than 50 are not permitted. This subsection shall not apply to temporary decorative lighting which may include colored lamps, such as holiday lighting.

No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.

A luminaire attached to the exterior of a building or structure for area lighting shall be mounted no higher than 20 feet above grade and shall be shielded to control glare.

A luminaire attached to a pole shall be mounted no higher than 20 feet above grade and shall be shielded to control glare.

Hours of operations. Outdoor lighting shall not be illuminated between 11:00 p.m. and 6:00 a.m., with the following exceptions:

If the use is being operated, such as a business open to customers, or where employees are working, or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than 1/2 hour after activity ceases;

§ 220-37 Landscaping requirements; erosion and stormwater control.

Low-level lighting sufficient for the security of persons or property on the lot may be in operation between 11:00 p.m. and 6:00 a.m., provided the average illumination on the ground or on any vertical surface is not greater than 0.5 footcandles.

Special permits. In accordance with § 220-35, Subsection C, the Planning Board, acting as the special permit granting authority, may grant a special permit modifying the requirements of this section, provided it determines that such modification is consistent with the objectives set forth in § 220-36.2, Subsection A.

[Amended 5-7-2018 ATM by Art. 11]

[Amended 10-6-2008 STM by Art. 12]

§ 220-37.1 Landscaping requirements.

[Amended 10-6-2008 STM by Art. 12]

Applicability. Street, sideline, parking area, and district boundary plantings shall be provided as specified below when any new building, addition, or change of use requires a parking increase of 10 or more spaces. In performing site plan review under § 220-34, the Planning Board may authorize alternatives to the following specifications, taking into consideration existing vegetation, topography, soils, and other site conditions, provided that equivalent screening, shading, and articulation are achieved.

Plantings. Required plantings shall include both trees and shrubs, and may include ones existing on the site. To be credited towards meeting these requirements, trees must be at least 2 1/2 inches in caliper four feet above grade, be of a species common in the area, and be ones which reach an ultimate height of at least 30 feet. To be credited towards meeting these requirements, shrubs must be at least 24 inches in height at the time of building occupancy, reach an ultimate height of at least 36 inches, and be of a species common in the area. Plantings shall consist of at least one tree per 30 linear feet of planting area length and at least one shrub per three feet. Plantings preferably will be grouped, not evenly spaced, and shall be located or trimmed to avoid blocking egress visibility. The planting area shall be unpaved except for access drives and walks essentially perpendicular to the area.

Street planting area. Street planting is required for nonresidential premises abutting an arterial street, as designated on the Zoning Map. Required street planting shall be provided within 15 feet of the street property line along the entire street frontage except at drives.

Sideline planting area. Sideline planting is required for premises abutting an arterial street. Required sideline planting shall be provided within five feet of the side lot line between the front lot line and the building setback (as built, not as required).

Parking area plantings. A minimum of 2% of the interior area of parking lots containing 30 or more spaces must be planted. A minimum of one tree and four shrubs exclusive of perimeter plantings must be planted for every 1,500 square feet of parking lot. Planting areas must each contain not less than 30 square feet of unpaved soil area. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns of internal circulation.

District boundary planting area. District boundary planting is required on any premises along the full length of any boundary abutting or extending into a Residential District and being developed for a use not allowed in that Residential District, unless abutting property is determined by the Building Inspector to be unbuildable or visually separated by topographic features. Required planting shall be located within 10 feet of the boundary.

Existing vegetation. Wherever possible, the above requirements shall be met by retention of existing plants. If located within 25 feet of a street, no existing tree of six-inch-trunk diameter or greater (measured four feet above grade), dense hedgerow of four or more feet in both depth and height, or existing earth berm providing similar visual screening shall be removed or have grade changed more than one foot unless dictated by plant health, access safety, or identification of the premises.

Exceptions. Where plant materials as required would harmfully obstruct a scenic view, substitution of additional low level plantings which will visually define the street edge or property line may be authorized, provided that proposed buildings are also designed and located to preserve that scenic view.

Maintenance. All plant materials required by this bylaw shall be maintained in a healthful condition. Dead limbs shall be promptly removed, and dead plants shall be replaced at the earliest appropriate season.

Enterprise district vegetated buffer: In lieu of § 220-37.1F, whenever a development in an Enterprise District abuts a residential property or residential district, the development shall provide a vegetated buffer for a parallel depth of 100 feet from the abutting side/rear property lines. The buffer zone shall consist of existing natural vegetation supplemented with a variety of trees and shrubs in order to provide visual relief from the proposed development. The approving board may require a vegetated border along the residential property or district that consists of staggered rows of shrubs and trees, the majority of which shall be evergreen. The border vegetation shall reach a height of 10 feet within four years of planting and shall provide visual screening of the development.[1] The approving board may waive the requirements of this section if it determines that the abutting property is unbuildable or visually separated by natural or topographic features.

[Added 5-6-2013 ATM by Art. 12]

§ 220-37.2 Erosion and stormwater control.

The Town Planner may provide a list of recommended plantings to achieve this purpose.

[Added 10-6-2008 STM by Art. 12]

Stabilization. Any area of bare earth exposed through nonresidential and nonagricultural building development must be permanently stabilized through replanting, paving or other means of eliminating wind or water erosion. Such stabilization must be completed prior to building occupancy, or a performance bond must be posted in an amount sufficient to assure completion of such work.

Requirements. Parties planning construction which will expose more than 43,560 square feet (one acre) of bare earth during development, through either removal or filling on the same parcel or on contiguous parcels in the same ownership, must apply for, obtain and comply with a stormwater management permit through the Planning Board, per the Stormwater Management Bylaw, Chapter 170 of the Town of Lancaster Bylaws. In addition, the following must be complied with:

Stripping of vegetation, regrading or other development shall be done in a way which will minimize soil erosion. An erosion and sediment control plan shall be submitted having sufficient information on existing and proposed topography, vegetation and control measures to allow determination of compliance.

Whenever practical, natural vegetation shall be retained, protected and supplemented.

The disturbed area shall be kept to a minimum.

Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development.

Sediment basins (debris basins, desilting basins, silt traps) shall be installed and maintained where necessary to remove sediment from runoff waters from land that is undergoing development.

(6)

Open drainage features (detention basins, vegetated swales, rain gardens) shall be installed and maintained where necessary to collect runoff waters and allow them to recharge the underlying soils.

(7)

The angle of vegetated slopes and fills shall be no greater than the angle which can be retained by vegetative cover or alternative proposed erosion control devices or structures. In any event, slopes left exposed must immediately be planted or otherwise provided with permanent ground cover or other means sufficient to retain erosion.

(8)

A ground cover sufficient to retain erosion must be planted or otherwise provided within 30 working days, season permitting, on any portion of the tract upon which further active construction is not being undertaken.

(9)

The development plan or land-disturbing activity shall be fitted to the topography and soils as to create the least erosion potential.

Referrals. The Building Inspector may require review of erosion control proposals by the Soil Conservation Service or other experts in soil mechanics in cases where doubt as to adequacy of proposed measures exists. Selection of techniques and determination of adequacy of measures shall, unless otherwise specified, be consistent with Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts, USDA Soil Conservation Service, 1975.[1]

§ 220-38 Parking design and traffic planning.

Editor's Note: Section 220-38, Erosion control, which immediately followed this section, was repealed 10-6-2008 STM by Art. 12. See now § 220-37.2. Original Section 13.60, For Devens Intermim Planning Overlay District, was deleted 10-24-2000.

[Amended 10-6-2008 STM by Art. 12]

§ 220-38.1 Parking design.

[Added 10-6-2008 STM by Art. 12]

Objective. To document existing neighborhood parking conditions, to evaluate the off-site impacts of the proposed parking, and to mitigate any adverse parking impacts on the neighborhood.

Format and scope. All applications for site plan review shall provide the following documentation regarding the proposed parking design:

Existing off-site and on-street neighborhood parking conditions, including identification of streets likely to be affected by traffic or other impacts of the proposed development.

Projected impact of proposed parking on the neighborhood.

Proposed mitigation measures for adverse impacts identified above. Information should include area of parking shaded by trees, area of screening, alternative pavers, and creative parking lot design.

The design of the parking facility shall take into consideration natural, cultural and historical features and setting, as well as the scale of the facility in relation to the building(s) on the site.

Parking design standards. The Board will review the parking design documentation and evaluate for the following:

Hazards. The parking area and access roads shall not create a hazard to abutters, vehicles or pedestrians.

Placement of parking facilities. Parking facilities shall be at the rear or side(s) of the principal structure and shall not abut a public way for more than 20 feet. If site encumbrances make this requirement impossible to achieve, parking may be allowed to abut a public way only if the parking lot is buffered and screened from the public way using dense, native vegetation to the greatest extent possible. The design of the parking facility shall take into consideration natural, cultural and historical features and setting.

Pedestrian and bicycle access. Provisions for pedestrian and bicycle access shall be safe and convenient, so that the development as a whole enhances rather than degrades access by foot or bicycle. Parking areas shall accommodate pedestrian access through the use of raised crosswalks, usable landscaped islands, benches, and abundant shade trees, among other design attributes.

Plantings. Refer to § 220-37.1, Subsections B and E for requirements on plantings in parking areas.

Emergency access. Appropriate access for emergency vehicles shall be provided to the principal structure. Such access need not be paved, yet shall be stable and constructed to withstand a fire vehicle.

(6)

Size of facility. Parking lots shall be configured so that no section of lot shall contain more than 50 spaces, and each section of the lot shall be visually separated from any other section of the lot on- or off-premises through the use of major landscaping, earthen berms or grade changes. No more parking than is required by this bylaw shall be provided unless the applicant demonstrates to the satisfaction of the Planning Board that unusual circumstances justify the amount of parking proposed as being necessary despite reasonable efforts at parking demand reduction.

§ 220-38.2 Traffic impact assessment.

[Added 10-6-2008 STM by Art. 12]

Objectives. To document existing traffic conditions (both vehicular and pedestrian) in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic.

Applicability. The Board may request an applicant for site plan review to prepare a traffic impact assessment even if the project does not meet any of the following criteria. The Board may also waive all or part of the traffic impact assessment if a project does meet any of the following criteria. Projects with one or more of the following characteristics shall prepare a traffic impact assessment:

Proposing 30 or more parking spaces;

Proposing a vehicular service establishment, such as a gasoline service station; a facility for the sale, rental or repair of motor vehicles; or car wash establishment;

Containing frontage and access on a state-numbered highway and proposing more than six parking spaces.

Qualifications. The traffic impact assessment shall be prepared by a registered professional civil or traffic engineer in the Commonwealth of Massachusetts.

Format and scope. All applications for site plan review shall provide the following documentation as part of the traffic impact assessment:

Existing traffic conditions. Average daily and peak-hour volumes, average and peak speeds, sight distances, accident data, and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 feet of the projected boundaries or impacted by the development and shall be no more than six months old at the date of application. Further, information regarding existing pedestrian circulation and ways shall be provided.

Projected traffic conditions for design year of occupancy. Statement of design year of occupancy, background traffic growth for the previous five years, impacts of proposed developments which have already been approved in part or in whole by the Town.

Projected impact of proposed development. Projected peak-hour and daily traffic generated by the development on roads and ways in the vicinity of the development; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; proposed pedestrianways and design elements to maximize pedestrian safety and usage; and projected post-development traffic volumes and level of service (LOS) of intersections and streets likely to be affected by the proposed development.

Proposed measures to minimize traffic conflict and mitigate any affected intersections or ways.

Traffic impact standards. The Board will review the traffic impact assessment and evaluate for the following:

Level of service. The level of service (LOS) of all impacted intersections and streets shall be adequate following project development, or the total value of off-site traffic improvements required or approved by the Planning Board as a condition of approval in any location within the Town affected by the proposed project shall be roughly proportional to the cost of mitigating the effects of the proposed project. For purposes of this standard:

LOS shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council.

"Impacted" means intersections projected to receive at least 5% of the anticipated average daily or peak-hour traffic generated by the proposed development.

"Adequate" shall mean a level of service "B" or better for all streets and intersections, with the exception of "D" or better for all state-numbered highways and their intersections or, if Level D has already been reached or exceeded, no further decline in the level of service.

"Mitigating" shall mean the strategies and methods used to ensure that the LOS is adequate in all impacted areas.

Traffic conflict. The proposed site plan shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to achieve this standard:

Entrance and exit driveways shall be so located and designed as to achieve maximum practicable distance from existing and proposed access connections from adjacent properties.

Where possible, adjoining parcels shall have unified access and promote interparcel circulation.

Left-hand turns shall be minimized.

Driveways shall be so located and designed as to discourage the routing of vehicular traffic to and through residential streets.

Pedestrian and bicycle circulation shall be accommodated on and off site and shall be separated from motor vehicle circulation as much as practicable. Existing pedestrianways shall be maintained and where no pedestrianways exist, proposals shall create pedestrianways and connections between streets, the proposed development, surrounding neighborhoods, and other surrounding uses. Said ways shall be landscaped and handicapped accessible.

§ 220-39 Water Resource District.

Purpose of district. The purpose of this Water Resource District is:

To 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 Lancaster,

To preserve and protect existing and potential sources of drinking water supplies,

To conserve the natural resources of the Town, and

TOXIC OR HAZARDOUS MATERIAL

To prevent temporary and permanent contamination of the environment.

Scope of authority. The Water Resource District is an overlay district superimposed on all other zoning districts. The overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Water Resource District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Water Resource District.

Definitions. For the purpose of this section, the following words and phrases shall have the following meanings:

AQUIFER

Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

IMPERVIOUS SURFACES

Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING

The removal or relocation of geological materials such as topsoil, sand, gravel, metallic ores, or bedrock.

RECHARGE AREAS

Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III.

Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual or potential hazard to human health if such substance or mixture were discharged to land or water of the Town of Lancaster. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids, and alkalis, and all substances defined as "toxic" or "hazardous" under MGL c. 21C and c. 21E and 310 CMR 30.00 and also include such products as solvents and singers in quantities greater than normal household use.

WATER RESOURCE DISTRICT

The zoning district defined to overlay other zoning districts in the Town of Lancaster. The Water Resource District may include specifically designated recharge areas.

ZONE II

The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated [180 days of pumping at safe yield with no recharge from precipitation, as defined in 310 Code of Massachusetts Regulations (CMR) 22.00].

ZONE III

The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.

Establishment and delineation of Water Resource District. For the purpose of this district, there are hereby established within the Town of Lancaster certain groundwater protection areas, consisting of aquifers or recharge areas which are delineated on the map titled "Lancaster, MA: Official Zoning Overlay Map" (220 Attachment 3), dated April 2011, as may be amended from time to time by Town Meeting vote under the recommendation of a registered professional engineer (civil or sanitary), hydrologist, geologist, or soil scientist. This map is hereby made a part of the Town of Lancaster Zoning Bylaw and is on file in the office of the Town Clerk.

[Amended 5-2-2011 ATM by Art. 21; 10-28-2013 STM by Art. 7]

District boundary disputes.

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 Planning Board, which will act as the special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. At the request of the owner(s), the Town of Lancaster may engage a registered professional engineer (civil or sanitary), hydrologist, geologist, or soil scientist to determine more adequately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for all or part of the cost of the investigation.

Use regulation. In the Water Resource District, the following regulations shall apply:

Permitted uses. The following uses are permitted within the Water Resource District provided that all necessary permits, orders, or approvals required by local, state or federal laws are also obtained:

Conservation of soil, water, plants and wildlife;

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Foot, bicycle, and/or horse paths, and bridges;

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure, subject to Subsection F(2), Prohibited uses, and Subsection F(3), re: special permitted uses;

(f)

Residential development, subject to Subsection F(2), Prohibited uses, and Subsection F(3), re: special permitted uses;

(g)

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsection F(2), Prohibited uses, and Subsection F(3), re: special permitted uses;

(h)

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically permitted.

Prohibited uses. The following uses are prohibited:

Landfills and open dumps as defined in 310 CMR 19.006;

Storage of liquid petroleum products, except the following:

Normal household use, outdoor maintenance, and heating of a structure;

Waste oil retention facilities required by statute, rule, or regulation;

Emergency generators required by statute, rule, or regulation;

[4]

Treatment works approved under 314 CMR 5.00 for treatment of ground- or surface waters; provided that storage, listed in Subsection F(2)(a) through this (d) above, is in freestanding containers within buildings or above ground with secondary containment, adequate to contain a spill the size of the containers total storage capacity.

Land filling of sludge or septage as defined in 310 CMR 32.05;

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any acre under one ownership per day, 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)

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;

(g)

Storage of animal manure unless covered or contained;

(h)

Earth, removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within six feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data complied by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;

(i)

Facilities that generate, treat, store, or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30 except the following:

Very small quantity generators as defined under 310 CMR 30;

Household hazardous waste collection centers and events under 310 CMR 30.390;

Waste oil retention facilities required by MGL c. 21, § 52A;

[4]

Water remediation treatment works approved under 314 CMR 5;

(j)

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

(k)

Treatment works that are subject to 314 CMR 5 including privately owned sewage treatment facilities, except the following:

The replacement or repair of an existing treatment works that will not result in a design capacity of the existing treatment works;

The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.

(l)

Storage of liquid hazardous materials as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with secondary containment adequate to contain a spill the size of the container's storage capacity;

(m)

Industrial and commercial uses which discharge process wastewater on site;

(n)

Stockpiling and disposal of snow and ice containing de-icing chemicals if brought in from outside the district;

(o)

Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate;

(p)

The use of septic system cleaners, which contain toxic or hazardous chemicals.

Uses and activities requiring a special permit. 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 it may require:

Enlargement or alteration of existing uses that do not conform to the Water Resource District;

The application of pesticides, including herbicides, insecticides, fungicides, and rodenticides, for nondomestic or nonagricultural uses in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a yearly operating plan (YPO) for vegetation management operations under 333 CMR 11 or a Department of Food and Agriculture approved pesticide management plan or integrated pest management (IPM) program under 333 CMR 12;

The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation;

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 Subsection (3)(b). Such activities shall require a special permit to prevent contamination of groundwater;

The construction of dams or other water control devices, ponds, pools or other changes in water bodies or -courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity;

(f)

Any use that will render impervious more than 15% or 2,500 square feet of any lot, 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.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the municipality.

The applicant shall file six 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 complete list of chemicals, pesticides, herbicides, fertilizers, fuel, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:

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 clean up procedures;

Provisions for indoor, secured storage of hazardous materials, and wastes with impervious floor surfaces;

Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

Proposed downgradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.

(6)

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, and after the review by the Town, boards, departments, and commissions. 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. However, no work shall commence until a certification is recorded as required by said MGL c. 40A, § 11.

(7)

Written notice of any violations of this section shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, the Conservation Commission, (Town) Engineer/Department of Public Works, and Water Department. The cost of containment shall be borne by the owner and operator of the premises.

(8)

For situations that require remedial action to prevent adverse impact to the water resources within the Water Resource District, the Town of Lancaster, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Lancaster, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

Procedures for issuance of special permit.

The special permit granting authority (SPGA) under this bylaw shall be the Town of Lancaster Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission, (Town) Engineer/Department of Public Works and Planning Board that the intent of this bylaw as well as specific criteria are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGAs 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 or agencies in its decision.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Planning Board, Board of Health, the Conservation Commission, and the (Town) Engineer/Department of Public Works for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection F of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:

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

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

The special permit granting authority may retain qualified experts at the reasonable expense of the applicant if necessary in order to evaluate the application.

Conditions. Special permits shall be granted only subject to such conditions as necessary to assure adequate safeguarding of water quality, which may include the following, among others:

Monitoring wells to be located downgradient of potential pollution sources, with periodic sampling to be provided to the Board of Health at the owner's expense.