[Amended 5-1-1989 STM by Art. 7; 5-7-1998 ATM by Art. 16; 5-5-1999 STM by Art.
11; 4-30-2001 ATM by Art. 22]
1601.1.Â
The Town has determined that:
1601.1.1.Â
The groundwater underlying the Town is the sole
source of its drinking water supply.
1601.1.2.Â
The groundwater aquifers are integrally connected
with, and flow into, surface waters that constitute significant resources
of the Town.
1601.1.3.Â
Spills and discharges of petroleum products
and other toxic and hazardous materials and discharges of sewage have
repeatedly threatened the quality of groundwater and related water
resources throughout Massachusetts and elsewhere, posing potential
public health and safety hazards and threatening economic losses to
the affected communities.
1601.2.Â
Therefore, the Town has designated an Aquifer Protection District and enacted this Article 16 to:
1601.2.1.Â
Preserve and maintain the existing and potential
groundwater supplies, aquifers and recharge areas of the Town and
to protect them from development or land use practices that would
adversely affect their quality or quantity.
1601.2.2.Â
Preserve and protect present and potential sources
of drinking water supply for the public health and safety.
1601.2.3.Â
Conserve the water resources of the Town.
1601.3.Â
Scope of authority.
The Aquifer Protection District is an overlay
district superimposed on the zoning districts. As described in § 198-302.1.4,
the Aquifer Protection District is shown on a map on file with the
Town Clerk entitled "Town of Wayland Zoning Overlay Districts," Survey
Department, 41 Cochituate Road, Wayland, MA 01778, dated December
5, 2003, as amended. This overlay district shall apply to all new
construction, reconstruction, or expansion of existing buildings and
new or expanded uses. Applicable activities or uses in a portion of
one of the underlying zoning districts which fall within the Aquifer
Protection District must additionally comply with the requirements
of this district. Uses that are prohibited in the underlying zoning
districts shall not be permitted in the Aquifer Protection District.
[Amended 5-13-2010 ATM by Art. 28] |
1602.1.Â
AQUIFER
DEP
DISCHARGE
DISTRICT
GROUNDWATER
IEP 1988
IMPERVIOUS SURFACE
MASSACHUSETTS GENERAL LAWS
MINING OF LAND
PERVIOUS UPLAND LOT AREA
RECHARGE AREAS
RESIDENTIAL LOT
SANITARY WASTE
SECTION
SECURED OPEN SPACE
SOLID WASTE
SPGA
STRUCTURE
TOXIC OR HAZARDOUS
UPLAND LOT AREA
As used in this Article 16, the following terms shall have the meanings indicated:
A geologic formation composed of rock, or sand and gravel
that contains significant amounts of potentially recoverable potable
water.
The Massachusetts Department of Environmental Protection.
The intentional or accidental introduction of a liquid, or
a soluble or leachable solid material, upon or into land or water
bodies. Discharge includes, without limitation, leakage of such materials
from failed or discarded containers or storage systems and disposal
of such materials into any wastewater disposal system, dry well, catch
basin or landfill that has not received site assignment by the Board
of Health.
The Aquifer Protection District is the zoning district defined
to overlay other zoning districts in the Town of Wayland. The Aquifer
Protection District may include specifically designated recharge areas.
The slowly moving subsurface water
The report prepared by IEP, Inc., described in § 198-302.1.5.[1]
Material placed by man, including buildings, that prevents
the penetration of surface water into the soil.
Massachusetts General Laws.
The removal of geologic materials, such as topsoil, sand,
gravel or bedrock.
The upland lot area less that portion thereof that is covered
by impervious surface.
Areas from which precipitation or surface water can migrate
into an aquifer.
A parcel of land or lot which is located in a residential
zoning district.
[Added 4-29-2002 STM by Art. 3]
Wastewaters arising from ordinary domestic water use, as
from toilets, sinks, bathing facilities, etc., and containing such
concentrations and types of pollutants as to be considered normal
wastes. Where the quantity of sanitary waste is stated, it is to be
understood that the quantity is the design quantity as specified by
the State Environmental Code, 310 CMR 15.00, or, in the absence of
a specification therein, as specified by the Board of Health.
This Article 16.
Land that is permanently dedicated as open space that will
not be developed, used for disposal of sanitary waste or farmed. The
method of dedication may include a conservation restriction under
Massachusetts General Laws c. 184, §§ 26 through 33;
Town ownership of land devoted to conservation under Massachusetts
General Laws c. 40, § 8C; Town ownership of park land under
Massachusetts General Laws c. 45, § 3; or Town ownership
of land devoted to protection of municipal wells and/or aquifers under
Massachusetts General Laws c. 40, § 39B, or Chapter 80 of
the Acts of 1878.
Discarded solid material with insufficient liquid content
to be free flowing. This definition includes, but is not limited to,
rubbish, garbage, scrap materials, junk, refuse, inert fill material
and landscape refuse.
The special permit granting authority under this Article 16 (the Planning Board).
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, tent, reviewing stand, platform, bin, fence, sign, flagpole,
recreational tramway, mast for radio antenna or the like. The word
"structure" shall be construed, where the context requires, as though
followed by the words "or part or parts thereof."
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose an actual or potential hazard to water
supplies or other hazard to human health, if such substance or mixture
were discharged to land or waters of this Town. Toxic or hazardous
materials include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes and acids
and alkalies, and also include such products as pesticides, herbicides,
solvents and thinners and all substances defined as toxic or hazardous
under Massachusetts General Laws c. 21C and 21E and 310 CMR 30.00.
The total area of the parcel of land in question less the
area of ponds, streams and wetlands as defined under Massachusetts
General Laws c. 131, § 40, as amended.
[1]
Editor's Note: See now § 198-302.1.4.
1603.1.Â
Permitted uses.
The following uses are permitted within the Aquifer Protection District,
provided that all necessary permits, orders or approvals required
by local, state or federal law are also obtained.
i.Â
Conservation of soil, water, plants and wildlife;
ii.Â
Outdoor recreation, nature study, boating, fishing
and hunting where otherwise legally permitted;
iii.Â
Foot, bicycle and/or horse paths, and bridges.
Pervious surfaces are preferred.
iv.Â
Normal operation and maintenance of existing
water bodies and dams, splash boards, and other water control, supply
and conservation devices;
v.Â
Maintenance, repair, and enlargement of any existing structure, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
vi.Â
Residential development, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
vii.Â
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses);
viii.Â
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.
ix.Â
Any use permitted in the underlying zoning district, subject to §§ 198-1603.2 (Prohibited uses) and 198-1603.3 (Special permitted uses).
1603.2.Â
Prohibited uses. The following uses are specifically
prohibited within the Aquifer Protection District:
[Amended 4-29-2002 STM by Art. 3; 5-6-2004 ATM by Art. 22]
1603.2.1.Â
Sanitary landfills and open dumps as defined
in 310 CMR 19. 006; disposal or stockpiling of solid wastes, other
than brush and stumps; and disposal of brush or stumps by burial with
less than four feet of clearance above the maximum water table, as
defined by the Board of Health. Landfills receiving only wastewater
residuals and/or septage. Storage of sludge and septage, unless such
storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
1603.2.2.Â
Junkyards or motor vehicle salvage operations
as defined in Massachusetts General Laws Chapter 140B, SEction 1.
1603.2.3.Â
Storage of deicing chemicals, unless such storage
and required loading areas are within a weatherproof structure having
an impervious floor designed to prevent the generation and escape
of contaminated runoff or leachate and only if all loading and unloading
will be done within that shelter, with provisions for a separate closed
drain system for safe disposal.
1603.2.4.Â
Stockpiling/disposal of snow transported into
the district containing deicing chemicals.
1603.2.5.Â
Dry-cleaning establishments where cleaning is
performed on the premises in open or non-self-contained units.
1603.2.6.Â
Commercial establishments for the plating, finishing,
etching or polishing of metals or semiconductors.
1603.2.7.Â
Painting, wood preserving, wood finishing or
stripping paint on a commercial scale or on a scale more than that
which is required for maintenance of existing structures and facilities.
1603.2.8.Â
Manufacture of semiconductors or other electronic
components or electronic circuit assembly on a commercial scale where
hazardous materials are used.
1603.2.9.Â
Chemical or bacteriological laboratories on
a commercial scale.
1603.2.10.Â
Commercial establishments
for printing, photocopying or photographic processing where the processing
is performed in open or non-self-contained units.
1603.2.11.Â
Storage of liquid petroleum products and liquid hazardous waste,
except the following:
[Amended 5-13-2010 ATM by Art. 28]
a)Â
Normal household use, outdoor maintenance, and
heating of a structure;
b)Â
Waste oil retention facilities required by statute,
rule, or regulation;
c)Â
Emergency generators required by statute, rule,
or regulation; and
d)Â
Treatment works approved under 314 CMR 5.00
for treatment of ground and surface waters; provided that such storage,
listed in items a) through d) above, meets the requirements of § 198-1603.3.10.
1603.2.12.Â
Earth removal, consisting
of the removal of soil, loam, sand, gravel, or any other earth material
(including mining activities) to within four feet of historical high
groundwater as determined from monitoring wells and historical water
table fluctuation data compiled by the United States Geological Survey,
except for excavations for building foundations, roads or utility
works.
1603.2.13.Â
Hotels or motels.
1603.2.14.Â
Any other use that includes the generation, the manufacture, use,
transportation or disposal of toxic or hazardous waste, except for
the following:
[Amended 5-13-2010 ATM by Art. 28]
a)Â
Very small quantity generators as defined under
310 CMR 30.000;
b)Â
Household hazardous waste centers or events
operated pursuant to 310 CMR 30.390;
c)Â
Waste oil retention facilities required by MGL
c. 21, § 52A; and
d)Â
Treatment works approved by DEP designed in
accordance with 314 CMR 5.00 for the treatment of contaminated ground
or surface waters.
1603.2.15.Â
Any floor drainage system
in existing facilities, in industrial or commercial process areas
or hazardous material and/or hazardous waste storage area, which discharge
to the ground without a DEP permit or authorization. Any existing
facility with such a drainage system shall be required to either seal
the floor drain (in accordance with the State Plumbing Code, 248 CMR
2.00) or connect the drain to a holding tank meeting the requirements
of all appropriate DEP regulations and policies.
1603.2.16.Â
Treatment or disposal works subject to 314 CMR 5.00 for wastewater
other than sanitary sewage. This prohibition includes, but is not
limited to, treatment or disposal works related to activities under
the Standard Industrial Classification (SIC) Codes set forth in 310
CMR 15.004(6) (Title 5), except the following:
a)Â
The replacement or repair of an existing system(s)
that will not result in a design capacity greater than the design
capacity of the existing system(s);
b)Â
Treatment works approved by the DEP designed
for the treatment of contaminated ground or surface waters operated
in compliance with 314 CMR 5.05(3) or 5.05(13); and
c)Â
Publicly owned treatment works or POTW's.
1603.2.17.Â
Petroleum, fuel oil, and
heating oil bulk stations and terminals, including but not limited
to those listed under Standard Industrial Classification (SIC) Codes
5171 and 5983. SIC Codes are established by the US Office of Management
and Budget and may be determined by referring to the publication,
Standard Industrial Classification Manual, and any other subsequent
amendments.
1603.2.18.Â
Storage of commercial fertilizers,
as defined in Massachusetts General Laws Chapter 128, Section 64,
unless stored within a structure designated to prevent the generation
and escape of contaminated runoff or leachate.
1603.2.19.Â
Storage of animal manure
unless stored within a structure designated to prevent the generation
and escape of contaminated runoff or leachate.
1603.3.Â
Special permit uses. The following uses and
activities are permitted only upon the issuance of a special permit
by the special permit granting authority (SPGA) under such conditions
as they may require:
[Amended 5-6-2004 ATM by Art. 22]
1603.3.1.Â
Golf courses, whether public or private.
1603.3.2.Â
Commercial cabinetry or furniture making. (Note
that painting, wood preserving, wood finishing and stripping of paint
are prohibited.)
1603.3.3.Â
Cluster developments, planned developments and
other forms of flexible development that require special permits under
other articles of this Zoning Bylaw.
1603.3.4.Â
Any use with the exceptions of uses described
in Subsections 1603.3.5 and 1603.3.6 below, where the design flow
of sanitary waste exceeds a total of 10,000 gallons per day for the
entire project.
1603.3.5.Â
Municipal wastewater treatment facilities with
on-site disposal of effluent from primary or secondary treatment.
(See also § 198-1603.2.1 herein.)
1603.3.6.Â
Individual on-site sewage disposal systems shall
comply with Board of Health and DEP requirements for the installation
of septic systems in DEP recognized Zone II areas.
1603.3.7.Â
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 § 198-1603.2). Such activities shall require a special permit to prevent contamination of groundwater.
1603.3.8.Â
Any other use that involves, as an accessory
activity, the storage, use, transportation or disposal of toxic or
hazardous materials, not including ordinary household storage or use.
1603.3.9.Â
Nursing homes or hospitals.
1603.3.10.Â
Storage of liquid hazardous materials as defined in MGL c. 21E and/or
liquid petroleum products unless such storage is above ground and
on an impervious surface and either:
a.Â
In container(s) or above-ground tank(s) within
a building; or
b.Â
Outdoors in covered container(s) or above-ground
tank(s) in an area that has a containment system designed and operated
to hold either 10% of the total possible storage capacity of all containers
or 110% of the largest container's storage capacity, whichever is
greater.
However these storage requirements shall not
apply to the replacement of existing tanks or systems for the keeping,
dispensing or storage of gasoline, provided that the replacement is
performed in a manner consistent with state and local requirements.
|
1603.3.11.Â
The application of pesticides,
including herbicides, insecticides, fungicides and rodenticides for
nondomestic or nonagricultural uses in accordance with state and federal
standards. If applicable the applicant shall provide documentation
of compliance with a yearly operating plan (YOP) for vegetation management
operations under 333 CMR 11.00 or a Department of Food and Agriculture
approved pesticide management plan or integrated pest management (IPM)
program under 333 CMR 12.00.
1603.4.Â
Site plan approval uses. The following uses and activities are permitted only upon the issuance of a site plan approval in accordance with Article 6. The Planning Board shall include the standards and criteria of this Article 16 in addition to those contained in Article 6.
[Amended 5-6-2004 ATM by Art. 22]
1603.4.1.Â
Commercial or municipal facilities for the washing,
servicing or repair of boats or motor vehicles.
1603.4.2.Â
Dry-cleaning establishments wherein the dry-cleaning
materials are completely self-contained and all the disposal of such
materials is off-site. The operation and maintenance of this use shall
require periodic inspections in accordance with 1606.8.1.5.
1603.4.3.Â
Commercial establishments for printing, photocopying
or photographic processing; wherein the processing materials are completely
self-contained and all the disposal of such materials is off-site.
The operation and maintenance of this use shall require periodic inspections
in accordance with 1606.8.1.5.
1603.4.4.Â
Commercial laundries.
[Amended 4-29-2002 STM by Art. 3]
1604.1.Â
For residential developments that do not require
a special permit and in which the disposal of wastewater is by means
of septic tank sewage systems, the density of dwelling units shall
not exceed 1Â 1/2 units per upland acre of the parcel of land
being developed.
1604.2.Â
Any use that will render impervious more than
15% of the lot or 2,500 square feet, whichever is greater shall require
site plan approval under this section. A system for ground water recharge
for runoff from the impervious surface that does not degrade groundwater
quality shall be provided. Under no circumstances shall the impervious
surface of a residential lot exceed 30% of the upland area of the
lot.
[Amended 11-16-2010 STM by Art. 16]
For developments of five or more residential
lots and for all nonresidential uses, stormwater management standards
and best management practices (BMP) shall apply; BMPs should be designed
to treat 1.0 inch of runoff times the total impervious surface of
the post development site and remove 80% of total suspended solids
where possible.
| |
For nonresidential uses, recharge may be by
groundwater infiltration basins or similar systems covered with natural
vegetation and dry wells shall be used only where other methods are
infeasible. Oil, grease and sediment traps to facilitate removal of
contamination shall precede all such basins and wells. The owner shall
permanently maintain any and all recharge area in full working order.
|
1604.3.Â
Any change or alteration to an existing nonresidential
lot(s) as of the adoption of this section that increases in area or
is equivalent to the existing area or that proposes to lessen the
amount of impervious surface; but does not meet the thresholds of
1604.2; the change shall require a system for groundwater recharge
for runoff that does not degrade groundwater quality.
Recharge shall be by groundwater infiltration
basins or similar systems covered with natural vegetation, and dry
wells shall be used only where other methods are infeasible. All such
basins and wells shall be preceded by oil, grease, and sediment traps
to facilitate removal of contamination. The owner shall permanently
maintain any and all pretreatment devises and the recharge areas in
full working order.
| |
For any change or alteration to existing lot(s)
as of the date of the adoption of this section that proposes to lessen
the amount of impervious surface of existing conditions and meets
the thresholds of 1604.2; the change in impervious surface shall be
permitted as of right.
|
1605.1.Â
No division of a parcel of land containing structures shall be permitted if one or more of the resulting parcels would be in violation of this Article 16, unless upland area equivalent to the deficiency thereof on any such nonconforming new parcel is permanently dedicated as secured open space.
1605.2.Â
No additional development of an already developed
parcel shall cause these density restrictions to be exceeded or further
exceeded.
1606.1.Â
Special permit granting authority (SPGA).
1606.1.1.Â
The SPGA under this Article 16 is the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission and the Water Department that the intent of this bylaw, as well as its specific criteria, are met. If more than one special permit is required, the SPGA's shall coordinate processing of the applications to the maximum extent feasible.
1606.2.Â
Material to be submitted by applicants.
1606.2.1.Â
Eight copies of the application shall be filed with the Town Clerk and certified as to date of receipt. Certified copies shall immediately be transmitted to the SPGA, the Surveying Department, the Water Commissioners, the Board of Health, the Conservation Commission, the Right-To-Know Coordinator and the Hazardous Waste Coordinator. Additional requirements for the application shall be as specified in the rules of the SPGA. Said rules must be promulgated by the SPGA within 120 days of approval of this Article 16 by the Attorney General and shall include the following specifications relative to the information to be supplied with the application:
1606.2.1.1.Â
A site plan, prepared by
a professional engineer or a professional land surveyor, showing existing
and proposed structures and the location of all facilities relevant
to the other requirements specified in §§ 198-1606.2.1.2
through 1606.2.1.4 below.
1606.2.1.2.Â
A complete list of all
chemicals, pesticides, fertilizers, fuels and other potentially toxic
or hazardous materials to be used, generated, stored or disposed of
on the premises, in quantities greater than those associated with
normal household use together with Materials Safety Data Sheets for
each such substance.
1606.2.1.3.Â
A description of proposed
transportation of toxic or hazardous materials within the district,
including contractor and amounts to be transported.
1606.2.1.4.Â
A description of proposed measures complying with § 198-1606.8 herein.
1606.3.Â
Review by agencies other than the SPGA.
1606.3.1.Â
Failure by any agency to submit a written recommendation
to the SPGA within 45 days from the date on which said agency received
the application shall indicate approval, or no desire to comment,
by that agency.
1606.4.Â
Public hearing.
1606.4.1.Â
The SPGA shall hold a public hearing within
the period from 45 to 65 days after the filing of the application,
unless said period is extended in accordance with Massachusetts General
Laws, c. 40A. Notice of the public hearing shall be given by publication
and posting and by first class mailings to parties in interest, as
required in Massachusetts General Laws, c. 40A.
1606.5.Â
Boundary.
1606.5.1.Â
The boundary of the Aquifer Protection District
is that area designated as Zone II by the commonwealth.
1606.6.Â
The SPGA's decision.
1606.6.1.Â
The SPGA shall consider the simplicity, reliability and feasibility of the proposed control measures (See § 198-1606.8); and the degree of threat to water quality that would result if the control measures failed to meet expectation or were not properly maintained. It shall then issue a written decision that describes its findings with respect to the several considerations listed in this § 198-1606.6.1. It may grant a special permit if it finds that the proposed use:
1606.6.1.1.Â
Meets the intent of this Article 16, as well as its specific criteria;
1606.6.1.2.Â
Will not, during construction
or thereafter, have an adverse impact on any aquifer area or recharge
area in the district;
1606.6.1.3.Â
Will not adversely affect
an existing or potential domestic or municipal water supply; and
1606.6.2.Â
In addition to the findings described in § 198-1606.6.1
above, the decision shall include an explanation of any departure
from the recommendations of any other Town agencies.
1606.6.3.Â
For projects that require approval by DEP, the
Board of Health and/or the Conservation Commission or require a special
permit under other articles of this Zoning Bylaw, the special permit
shall include a condition that no building permits shall be issued
until evidence has been received by the SPGA that such required approvals
have been received.
1606.6.4.Â
The decision of the SPGA shall be made and filed
within a period of 90 days following the close of the public hearing,
unless said period is extended in accordance with the provisions of
Massachusetts General Laws, c. 40A. Copies of said decision, plus
the record of all proceedings, shall be filed with the Town Clerk
within 14 days of the date of the decision if the period of the decision
is less than the 90-day period described here. Failure of the SPGA
to so act within said 90-day period, as extended, shall be deemed
a granting of the permit. However, no work shall commence until a
certification by the Town Clerk has been recorded as required by Massachusetts
General Laws, c. 40A.
1606.7.Â
Lapse of permits if not used.
1606.7.1.Â
Special permits issued under this Article 16 shall lapse within two years (not including any time required to pursue or await the determination of an appeal made under the provisions of Massachusetts General Laws, c. 40A) from the grant thereof if a substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.
1606.8.Â
Design and operation requirements and guidelines.
1606.8.1.Â
Applications under this Article 16 shall include proposed methods, as described below, for preventing or minimizing harmful effects on the quality or quantity of groundwater in the district.
1606.8.1.1.Â
Safeguards.
1606.8.1.1.1.Â
For those activities
using or storing hazardous materials, a hazardous materials management
plan shall be prepared and filed with the Fire Chief and Board of
Health. The plan shall include:
1606.8.1.1.1.1.Â
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.
1606.8.1.1.1.2.Â
Provisions for indoor,
secured storage of hazardous materials and wastes with impervious
floor surfaces;
1606.8.1.1.1.3.Â
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.
1606.8.1.2.Â
Location.
1606.8.1.2.1.Â
Where the premises are
partially outside the Aquifer Protection District, potential sources
of pollution, if permitted, shall be located outside the district
to the extent feasible.
1606.8.1.3.Â
Disposal.
1606.8.1.3.1.Â
For any toxic or hazardous
wastes to be produced in quantities greater than those associated
with normal household use, the applicant must demonstrate the availability
and feasibility of disposal methods that are in conformance with Massachusetts
General Laws, c. 21C.
1606.8.1.4.Â
Drainage.
1606.8.1.4.1.Â
All runoff from impervious
surfaces shall be recharged on the site to the maximum extent possible.
For developments of five or more residential lots and nonresidential
uses, Stormwater Management Standards and best management practices
shall apply. BMPs should be designed to treat 1.0 inch of runoff times
the total impervious surface of the post-development site and remove
80% of total suspended solids. Any and all recharge areas shall be
permanently maintained in full working order by the owner, including
inspections after major storm events and routine semiannual evaluations
for system maintenance.
1606.8.1.5.Â
Monitoring and inspection.
1606.8.1.5.1.Â
Periodic monitoring and/or inspections may be required by the special permit granting authority (SPGA) as part of any special permit issued under this Article 16 or by the Planning Board as part of any site plan approval issued under this Article 16, The periodic inspection may include annual or semiannual inspections by the Board of Health, Conservation Commission or Toxic Waste Coordinator. The level of monitoring and/or inspections to be required in any specific situation shall consider both the level of potential hazard and the efficacy of the monitoring and/or inspection.
1606.8.1.6.Â
Erosion and sedimentation
control.
1606.8.1.6.1.Â
Erosion and sedimentation
measures approved by the SPGA or its agent shall be in place before
the commencement of any operation that will expose erodible materials
to the elements. Filter fabric shall be used for sediment retention.
Such control measures shall remain in place until the SPGA or its
agent determines that the danger of erosion or sedimentation no longer
exists.
1606.9.Â
Violations.
1606.9.1.Â
Written notice of any violation of this Article 16, or of any permit issued thereunder, shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of the violations and a reasonable schedule of compliance, including cleanup of any spilled toxic or hazardous materials. A total of 30 days shall be allowed for either compliance or completion of a plan for longer-term compliance. Violations shall be enforced according Chapter 1, General Provisions, Article II, Violations and Penalties.
For situations that require remedial action
to prevent adverse impact to the water resources within the Aquifer
Protection District, the Town of Wayland, the Building Inspector or
the Board of Health 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 Wayland, the Building Inspector or the
Board of Health shall act within their jurisdiction to impose fines
and/or seek remediation.
|
1606.10.Â
Costs.
1606.10.1.Â
The SPGA may require fees to be paid by the applicant to cover the costs of advertising, notification by mail and reasonable expenses incurred by the Town in processing an application for a special permit or variance under this Article 16. A schedule of fees shall be published in the SPGA's and/or the Planning Board's rules and regulations.
1606.11.Â
Severability.
1606.11.1.Â
A determination that any
portion or provision of this overlay protection district is invalid
shall not invalidate any other portion or provision thereof, nor shall
it invalidate any special permit previously issued thereunder.
1607.1.Â
If the location of the District boundary in
relation to a particular parcel is in doubt, resolution of boundary
disputes shall be through a special permit application to the special
permit granting authority (SPGA). Any application for a special permit
for this purpose shall be accompanied by adequate documentation.
1607.2.Â
The burden of proof shall be upon the owner(s)
of the land to show where the bounds should be located. At the request
of the owner(s), the Town may engage a professional engineer, hydrologist,
geologist or soil scientist to determine more accurately the boundaries
of the district with respect to individual parcels of land, and may
charge the owner(s) for the cost of the investigation.