[Amended 3-11-2008 ATM by Art. 6]
The Town of Wolfeboro hereby adopts this article pursuant to the authority granted under RSA 674:16, in particular RSA 674:16, II relative to innovative land use controls.
The purpose of this article is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas and to protect surface waters that are fed by groundwater. The purpose is to be accomplished by regulating land uses which could contribute pollutants to designated wells and/or aquifers identified as being needed for present and/or future public water supply.
As used in this article, the following terms shall have the meanings indicated:
AQUIFER
A geologic formation, group of formations, or part of a formation that is capable of yielding quantities of groundwater usable for municipal or private water supplies.
GASOLINE STATION
That portion of a property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and distributed for the purposes of retail sale of gasoline.
GROUNDWATER
Subsurface water that occurs beneath the water table in soils and geologic formations.
IMPERVIOUS
Not readily permitting the infiltration of water.
IMPERVIOUS SURFACE REQUIRED FOR STORING REGULATED MATERIALS
A surface through which regulated substances cannot pass when spilled. Impervious surfaces include concrete, unless unsealed cracks or holes are present. Asphalt, earthen, wooden, or gravel surfaces, or other surfaces which could react with or dissolve when in contact with the substances stored on them are not considered impervious surfaces.
JUNKYARD
An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary landfills. The word does not include any motor vehicle dealers registered with the Director of Motor Vehicles under RSA 261:104 and controlled under RSA 236:126.
LICENSED PROFESSIONAL GEOLOGIST
A person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and who has successfully passed the examination as may be required in this section and who is licensed by the Board or otherwise authorized to practice of the profession of geology.
OUTDOOR STORAGE
Storage of materials where they are not protected from the elements by a roof, walls, and a floor with an impervious surface.
PETROLEUM BULK PLANT OR TERMINAL
That portion of the property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.
PUBLIC WATER SYSTEM
A system for the provision to the public of piped water for human consumption, if such system has at least 20 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
REGULATED SUBSTANCE
Petroleum, petroleum products, and substances listed under 40 CFR 302, 7-1-05 edition, excluding the following substances: ammonia, sodium hypochlorite, sodium hydroxide, acetic acid, sulfuric acid, potassium hydroxide, potassium permanganate, and propane and other liquefied fuels which exist as gases at normal atmospheric temperature and pressure.
SANITARY PROTECTIVE RADIUS
The area around a public water supply well which must be maintained in its natural state as required by Env-Ws 378 or 379 (for community water systems), or Env-Ws 372.12, and Env-Ws 372.13 (for other public water systems).
SECONDARY CONTAINMENT
A structure such as a berm or dike with an impervious surface which is adequate to hold at least 110% of the volume of the largest regulated-substances container that will be stored there.
SNOW DUMP
For the purposes of this article, a location where snow, which is cleared from roadways and/or motor vehicle parking areas, is placed for disposal.
STRATIFIED-DRIFT/UNCONSOLIDATED SEDIMENT AQUIFER
A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of groundwater to wells.
SURFACE WATER
Streams, lakes, ponds and tidal waters, including marshes, watercourses and other bodies of water, natural or artificial, and intermittent streams and vernal pools.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a water well or wellfield supplying a community public water system through which contaminants are reasonably likely to move toward and reach such water well or wellfield.
The Groundwater Protection District is an overlay district which is superimposed over the existing underlying zoning and includes within its boundaries the then current USGS Stratified Drift Aquifer Map and the wellhead protection areas of community and municipal wells, or as mapped on site by a professional geologist.
This article applies to all uses in the Groundwater Protection District, except for those uses exempt under § 175-26.3, Exemptions, of this article.
The following performance standards apply to all uses in the Groundwater Protection District unless exempt under § 175-23.3:
A. 
For any use that will render impervious more than 15% or more than 2,500 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the Planning Board determines is consistent with the Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire, Model Ordinance Rockingham County Conservation District, August 1992, and Best Management Practices for Urban Stormwater Runoff, New Hampshire Department of Environmental Services, January 1996.
B. 
Conditional uses, as defined under § 175-26.1, shall develop stormwater management and pollution prevention plans and include information consistent with Stormwater Management For Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. (US EPA, 1992). The plan shall:
(1) 
Demonstrate that the proposed use, either alone or on a cumulative basis, will not cause a reduction of more than 10% of the long-term volume of water (safe yield averaged over the last five years) contained in the aquifer or the storage capacity of the aquifer.
(2) 
Minimize, through a source control plan that identifies pollution prevention measures, the release of regulated substances into stormwater.
(3) 
Demonstrate that recharge to groundwater will not result in violation of ambient groundwater quality standards (Env-Ws 410.05) at the property boundary.
(4) 
Stipulate that expansion or redevelopment activities shall require an amended stormwater plan and may not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Assessment in conformance with ASTM E 1527-05, also referred to as "all appropriate inquiry (AAI)."
C. 
Animal manures, fertilizers, and compost must be stored in accordance with the Manual of Best Management Practices for Agriculture in New Hampshire, New Hampshire Department of Agriculture, Markets, and Food, August 2005, and any subsequent revisions.
D. 
All regulated substances stored in containers with a capacity of five gallons or more must be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains.
E. 
Facilities where regulated substances are stored must be secured against unauthorized entry by means of a door and/or gate that is locked when authorized personnel are not present and must be inspected weekly by the facility owner.
F. 
Outdoor storage areas for regulated substances, associated material or waste must be protected from exposure to precipitation and must be located at least 75 feet from surface water or storm drains and at least 75 feet from private wells.
G. 
Secondary containment must be provided for outdoor storage of regulated substances if an aggregate of 275 gallons or more of regulated substances are stored outdoors on any particular property.
H. 
Containers in which regulated substances are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another.
I. 
Prior to any land-disturbing activities, all inactive wells on the property, not in use or properly maintained at the time the plan is submitted, shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules.
Conditional uses, as described under § 175-26.1, Subsection A(1), using regulated substances shall submit a spill prevention control and countermeasure (SPCC) plan to the Fire Chief, or Emergency Management Officer, who shall determine whether the plan will prevent, contain, and minimize releases from ordinary or catastrophic events, such as spills, floods or fires that may cause large releases of regulated substances. It shall include:
A. 
A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas.
B. 
Contact list and phone numbers for the facility response coordinator, cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a release to the environment.
C. 
A list of all regulated substances in use and locations of use and storage.
D. 
A prediction of the direction, rate of flow, and total quantity of regulated substances that could be released where experience indicates a potential for equipment failure.
E. 
A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground.
All uses permitted by right or allowed by special exception in the underlying district are permitted in the Groundwater Protection District unless they are prohibited uses or conditional uses. All uses must comply with the performance standards unless specifically exempt under § 175-26.3.
The following uses are prohibited in the Groundwater Protection District.
A. 
The disposal of liquid or leachable wastes except that from individual one- or two-family residential subsurface disposal systems.
B. 
The development or operation of an animal feed lot.
C. 
The development or operation of a hazardous material storage, processing, recycling or transfer facility.
D. 
The development or operation of a hazardous waste disposal facility as defined under RSA 147-A.
E. 
The development or operation of a solid waste landfill.
F. 
The outdoor storage of road salt or other deicing chemicals in bulk.
G. 
The development or operation of a junkyard.
H. 
The development or operation of a snow dump.
I. 
The development or operation of a wastewater or septage lagoon.
J. 
The development or operation of a petroleum bulk plant or terminal.
K. 
The installation or use of underground storage tanks, except as regulated by NHDES Administrative Rule WS411.
L. 
The development or operation of industrial uses which discharge waste on site.
M. 
The development or operation of gasoline stations.
A. 
A conditional use permit may be granted by the Board, after public notice and hearing, for a use which is otherwise permitted within the underlying district, if the permitted use is involved in one or more of the following activities. The application shall be referred to the Conservation Commission, the Code Officer and the Health Officer for review and comment at least 30 days prior to the public hearing.
(1) 
Storage, handling, and use of regulated substances in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan, in accordance with § 175-24, is approved by the Fire Department or Emergency Management Officer;
(2) 
Any use that will render impervious more than 15% or 2,500 square feet of the portion of the lot within the Groundwater Protection Overlay District, whichever is greater.
B. 
In granting such approval, the Planning Board must first determine that the proposed use is not a prohibited use and will be in compliance with the performance standards and § 175-23 as well as all applicable local, state and federal requirements. The Planning Board may, at its discretion, require a performance guarantee or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the performance standards.
C. 
A conditional use permit shall be valid for a period of two years from the date of issue and shall expire if the use granted is not implemented and completed by that time, unless an extension is specified and approved by the Board in consultation with the Commission.
D. 
Considerations for decisions.
(1) 
The Board shall consider the following in making its decision on an application:
(a) 
The application and its supporting documentation.
(b) 
Public comments, evidence and testimony from a public hearing.
(c) 
Reports from the Commission, the Health Officer and the Code Officer.
(2) 
The Board may also consider comments on any application from the Carroll County Soil Conservation District, the Lakes Region Planning Commission, New Hampshire Department of Environmental Services the United States Army Corps of Engineers or other technical agencies or organizations which may undertake additional studies or investigations.
Existing nonconforming uses may continue without expanding or changing to another nonconforming use, but must be in compliance with all applicable state and federal requirements, including Env-Ws 421, Best Management Practices Rules.
The following uses are exempt from the specified provisions of this article as long as they are in compliance with all applicable local, state, and federal requirements:
A. 
Any business or facility where regulated substances are not stored in containers with a capacity of five gallons or more is exempt from § 175-23, Performance Standards, Subsections E through H.
B. 
Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from the performance standard in § 175-23E.
C. 
Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from the performance standards in § 175-23E through H.
D. 
Temporary storage of construction materials on a site where they are to be used is exempt from the performance standards in § 175-23E through H.
E. 
The sale, transportation, and use of pesticides as defined in and regulated by RSA 430:29, XXVI, are exempt from all provisions of this article.
F. 
Household hazardous waste collection projects regulated under New Hampshire Code of Administrative Rules Env-Wm 401.03(b)(1) and 501.01(b) are exempt from the performance standards in § 175-23E through H.
G. 
Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under § 175-26.5 of this chapter.
Where both the state and the municipality have existing requirements the more stringent shall govern.
A. 
For uses requiring Planning Board approval for any reason, a narrative description of maintenance requirements for structures required to comply with performance standards shall be recorded so as to run with the land on which such structures are located, at the Registry of Deeds for Carroll County. The description so prepared shall comply with the requirements of RSA 478:4-a.
B. 
Inspections may be required to verify compliance with performance standards. Such inspections shall be performed by the Code Enforcement Officer at reasonable times with prior notice to the landowner.
C. 
All properties within the Groundwater Protection District known to the Code Enforcement Officer as using or storing regulated substances in containers with a capacity of five gallons or more, except for facilities where all regulated substances storage is exempt from this article under § 175-26.3, shall be subject to inspections under this section.
D. 
The Board of Selectmen may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Board of Selectmen as provided for in RSA 41-9:a.
Any violation of the requirements of this article shall be subject to the enforcement procedures and penalties detailed in RSA 676.
If any provision of this article is found to be unenforceable, such provision shall be considered separable and shall not be construed to invalidate the remainder of the article.
This article shall be effective upon adoption by the legislative body (Town Meeting).