The purpose of this article is to:
A. 
Promote and protect the health, safety, general welfare and economic vitality of the community for its present and future inhabitants;
B. 
Protect, preserve and maintain the existing quality and quantity of groundwater to ensure a sustainable supply of high quality drinking water for the City;
C. 
Protect the groundwater and groundwater recharge areas of the City from adverse development or land use practices;
D. 
Conserve the natural resources of the City; and
E. 
Prevent blight and the pollution of the environment.
As used in this article, the following terms shall have the meanings indicated:
AQUIFER
Geologic formation composed of saturated, permeable material of rock and/or sand and gravel that contains significant amounts of potentially producible potable water.
AREA OF INFLUENCE
The area which experiences drawdown by a pumping well as plotted on a two-dimensional (map) surface, usually ellipsoidal.
CONE OF DEPRESSION
A three-dimensional conical concavity produced in a water table by a pumping well (see "area of influence" above).
EARTH REMOVAL and MINING OF LAND
The removal of geologic materials such as topsoil, sand and gravel, metallic ores, or bedrock to be crushed or used as building material.
GROUNDWATER
All the water found beneath the surface of the ground. In this article the term refers to the slowly moving subsurface water present in aquifers and recharge areas.
HAZARDOUS OR TOXIC MATERIAL
Any substance or combination of substances, including any liquid petroleum product, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if generated or disposed of into or on any land or water in this City. Any substance deemed a "hazardous waste" in MGL c. 21C and 21E and 310 CMR 30.00, as amended, shall also be deemed a hazardous or toxic material for purposes of this article, with the exception of household quantities.
HIGH-IMPACT LOT USES
Uses on lots which do not conform to the minimum performance standards as set forth in §§ 440-1606 and 440-1607 of this article.
IMPERVIOUS SURFACE
Natural or man-made material on or above the ground that does not allow surface water to penetrate into the soil.
LIQUID AND LEACHABLE WASTES
Waste materials, including nonsanitary wastewaters, solid wastes, sludge and agricultural wastes, that are capable of releasing waterborne contaminants to the surrounding environment.
NATURAL VEGETATION
Land having a well-established cover of native plants (grasses, shrubs, ground covers, trees, wildflowers, etc.), not including mowed lawn areas and artificially mulched (stones, plastic, etc.) planting beds.
OUTDOOR STORAGE
Any storage that is not in a structure with roof, floor and at least three sides, all of impervious material.
PUBLIC WATER SYSTEM
A system for the provision to the public of piped water for human consumption, if such a system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.
PUBLIC WELL
A well providing potable water to at least 15 service connections or serving on average at least 25 individuals daily at least 60 days of the year. It shall also include wells not in active use that are maintained as a backup or emergency reserve for a public water system.
RECHARGE
The process by which water is added to the saturated zone of any aquifer either by direct infiltration of rainfall or by indirect inputs from surface sources or from adjoining subsurface sources and whether by reason of natural flow or by reason of pumping from a present or future well.
RECHARGE AREA
Any area of porous, permeable geologic deposits, especially, but not exclusively, deposits of sand and gravel through which water from any source will recharge an aquifer, and including any wetland or body of surface water surrounding or adjacent to such area together with the watershed of any wetland or body of surface water adjacent to such area.
SANITARY WASTE
Wastewaters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, etc., and containing such concentrations and types of pollutants as to be considered normal wastes.
SLUDGE
The solid, semisolid and liquid residue produced by water and sewage treatment processes or industrial process by-products as categorized as Types I, II and III by the criteria and regulations of 310 CMR 32.00.
SOLID WASTE
Any solid material, putrescible or nonputrescible, combustible or noncombustible, including but not limited to garbage, rubbish, scrap material, junk, refuse, inert fill material, stumps, brush and other landscape refuse.
VERY SMALL QUANTITY GENERATOR
An operation that does limited generation of hazardous materials. The threshold quantities for a very small quantity generator are set forth in 310 CMR 30.353.
Water and Aquifer Resource Protection District zones shall be considered as districts overlaying zoning districts as established by this chapter and the Taunton Zoning Map. All regulations of this chapter applicable to such zoning districts shall remain in effect, except that where the Water and Aquifer Resource Protection District provisions impose additional regulations, such regulations shall apply in addition to the regulations applicable to the zoning district. Uses which by specific reference are not permitted in the underlying zoning district are not allowed.
For the purposes of this article, there are hereby established within the City of Taunton certain Water and Aquifer Resource Protection District zones: Zone I, Zone II, Interim Zone II and Zone III, consisting of aquifers and/or aquifer recharge areas. Aquifers and aquifer recharge areas are defined by standard geologic and hydrologic investigations. The Water and Aquifer Resource Protection District zones include the aquifer itself, the land above the aquifer and the aquifer's most significant recharge areas.
A. 
Water and Aquifer Resource Protection District Zone I.
(1) 
Zone I is the area within a four-hundred-foot radius of an existing public well and/or the cones of depression and area of influence generated by these wells, whichever is greater.
(2) 
The cones of depression and area of influence generated by these wells shall be as calculated to exist after seven days of continuous pumping at their respective rated capabilities.
B. 
Water and Aquifer Resource Protection District Zone II. Zone II is the primary recharge area or zone of contribution for existing City of Taunton operated wells as protected by Zone I:
(1) 
The area of an aquifer which contributes water to a City of Taunton operated 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 CMR 22.00.
(2) 
All areas within a one-half-mile radius measured from an existing City of Taunton operated public well or well field that has not had a Zone II delineation approved by the Massachusetts Department of Environmental Protection shall be labeled as Interim Zone II.
C. 
Water and Aquifer Resource Protection District Zone III. The recharge area to an existing public well or an area, based on current information derived from standard geologic and hydrogeologic investigation, with groundwater development potential of moderate or high favorability and associated recharge areas for a future public well, including but not limited to the land area beyond the area of the Zone II or Interim Zone II from which surface water and groundwater drain into Zone II or Interim Zone II, as defined in 310 CMR 22.00.
D. 
Water and Aquifer Resource Protection District Zone Map.
(1) 
The boundaries of Zones I, II, Interim II and III are delineated on the City of Taunton Zoning Map with a scale of one inch to 2,000 feet. It shall be the responsibility of the Building Commissioner and Water Department to determine whether or not a lot or portion of a lot is within the boundaries of the district.
(2) 
Where the bounds as delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s) the City may engage in professional geologist, hydrogeologist or engineer trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.
(3) 
The determination of the extent of Zone II (if other than one-half-mile radius around the well) shall be in conformance with the criteria set forth in 310 CMR 22.00 and in the Department of Environmental Protection's Guidelines and Policies for Public Water Systems.
(4) 
This map, as may be amended from time to time, is hereby made a part of this chapter and is on file in the office of the City Clerk.
Each activity referred to in the following table of regulated activities is intended to have the same meaning as any equivalent use or activity as may be specified elsewhere in this chapter. The Zoning Board of Appeals is expressly not authorized to grant use variances from the provisions of this article. Within the Water and Aquifer Resource Protection District zones, these regulations shall apply:
A. 
Prohibited uses in Zones I, II, Interim II, and III.
(1) 
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:
(a) 
Very small quantity generators as defined under 310 CMR 30.00.
(b) 
Household hazardous waste collection centers and events under 310 CMR 30.390.
(c) 
Waste oil retention facilities required by MGL c. 21, § 52A.
(d) 
Water remediation treatment works approved under 314 CMR 5.00.
(2) 
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.
(3) 
Landfilling of sludge or septage defined in 310 CMR 32.05.
(4) 
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
(5) 
Land application of untreated and unclassified sanitary waste.
(6) 
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.
(7) 
Outdoor storage of uncovered and/or uncontained manure.
(8) 
Commercial piggery.
(9) 
Landfills and open dumps as defined in 310 CMR 19.006.
(10) 
Junk and salvage yards as defined in MGL c. 140B, § 1.
(11) 
Outdoor storage of salt and de-icing chemicals.
(12) 
Dumping of salt-contaminated snow and/or snow brought in from outside the Water and Aquifer Resource Protection District.
(13) 
Use of septic system cleaners which contain toxic organic chemicals.
(14) 
Storage of liquid petroleum products except the following, provided that storage listed in Subsection A(14)(a) through (d) below is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity:
(a) 
Normal household use, outdoor maintenance and heating of a structure.
(b) 
Waste oil retention facilities required by statute, rule or regulation.
(c) 
Emergency generators required by statute, rule or regulation.
(d) 
Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface water.
(15) 
If a use listed as prohibited under Subsection B is proposed within a Water and Aquifer Resource Protection District zone that has a public well and has no Zone II delineated, and that use is allowed only by special permit in the underlying zoning, the proponent shall, prior to exercising the special permit, provide conclusive evidence that the proposed site is not in an area that would be considered a primary recharge area under § 440-1604B. Such conclusive evidence may include an actual primary recharge area study or another hydrogeologic study performed by an expert in that field.
B. 
Prohibited uses in Zone I, Interim Zone II and Zone II.
(1) 
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities), within six 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 foundation, roads, or utility works.
(2) 
New cemeteries.
(3) 
Funeral, dry cleaning, barber, hairdressing, photographic processing, laundering, animal rooming and printing establishments not connected to municipal sewerage.
(4) 
Golf courses and related facilities, either public or private.
(5) 
High-impact lot uses.
(6) 
Stormwater retention basins or unlined stormwater detention basins without pretreatment.
(7) 
Subsurface stormwater percolation structures without pretreatment systems.
(8) 
Use of chemicals and salt for de-icing on all streets and parking areas shedding runoff into the aquifer protection district except as in compliance with a Snow and Ice Management Plan approved by the Municipal Council.
(9) 
Storage of generators, motors and/or transformers not in use.
(10) 
Motor vehicle, boat and airplane service and repair establishments.
(11) 
Heavy manufacturing (i.e., metal fabricating, plating, finishing and polishing; motor and machinery service and assembly, etc.) unless connected to municipal sewerage and providing for containment of spills.
(12) 
Commercial furniture refinishing and stripping.
(13) 
Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:
(a) 
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works.
(b) 
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).
(c) 
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.
(d) 
The replacement or repair of an existing treatment works that will result in a design capacity greater than the design capacity of the treatment works but discharging outside the Water and Aquifer Resource Protection District.
C. 
Prohibited uses in Zone I and allowed by special permit in Interim Zone II or Zone II.
(1) 
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.
(2) 
Land application of Type II sludge.
(3) 
Discharge of liquid wastes that require DEP approval.
(4) 
Very small quantity generator.
(5) 
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 Subsections A and B). Such activities shall require a special permit to prevent contamination of groundwater.
(6) 
The construction of dams or other water-control devices, ponds or other changes in water bodies or courses, created for swimming, fishing or drainage improvements. Such activities shall not adversely affect water quality or quantity.
D. 
Residential development. All residential subdivisions requiring approval under MGL c. 41, the Subdivision Control Law, and located either partially or entirely within a Zone I, Zone II, Interim Zone II and/or Zone III Water and Aquifer Resource Protection Overlay District shall be laid out as a cluster development according to § 440-1401 of this chapter. This requirement may be waived by a two-thirds vote of the Planning Board if it is determined to the satisfaction of the Board that the proposed cluster development as opposed to a conventional subdivision does not further the purposes of the Water and Aquifer Resource Protection District as stated in § 440-1601.
A. 
Liquid and leachable waste standards.
(1) 
The following is prohibited: individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per 10,000 square feet under one ownership per day or 440 gallons of sewage on any one 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.
(2) 
In order to limit phosphorus inputs, no subsurface disposal systems shall be permitted within 100 feet of mean high water of freshwater bodies.
B. 
Alteration of site feature. No alterations shall be made of any natural site features or topography, including but not limited to the cutting or removal of trees or other natural vegetation or the dumping, filling, excavating, grading, transferring or removing of any gravel, sand, loam or other soft material, rock or ledge prior to obtaining all permits and approvals for final development plans required under this chapter.
C. 
Earth removal and mining. Earth removal and mining operations shall provide a final grade equal to or greater than six feet above the historical high groundwater mark and further shall be in accordance with Chapter 236, Earth Materials Removal, of this Code.
D. 
Single- and two-family residential lots without benefit of municipal sewerage shall be a minimum of 30,000 square feet.
E. 
Residential lots containing three or more units shall be connected to municipal sewerage and shall have a minimum of 45,000 square feet.
F. 
Not more than 15% of any residential lot shall have impervious surface and not less than 40% of the lot area shall be maintained as a natural vegetation area.
A. 
Impervious area.
(1) 
Not more than 15% of any lot shall be rendered impervious without approved engineered systems in place to prevent degradation of groundwater contributing to the aquifer. Approval of a plan proposing to exceed the fifteen-percent threshold and not to exceed the total lot coverage allowed under the underlying zoning shall comply with applicable best management practices (BMPs) advanced by the City to the satisfaction of the reviewing department, commissions and boards within the building permit process or having other jurisdiction over the proposal. The development of the lot shall be such that there is no increase in runoff over the greater of:
(a) 
That experienced prior to development; or
(b) 
That designed into a subdivision plan approved prior to the adoption of this chapter.
(2) 
In approving the proposed increase in impervious area, the approving authority shall find that a system for artificial recharge of the precipitation is provided that incorporates best management practices (BMPs) that will reasonably prevent degradation of groundwater quality. A file of stormwater BMPs advanced by the City and subject to additions, modifications and deletions can be viewed at the offices of the City Engineer, the Planning Board or the Conservation Commission. Feasible, simple and reliable innovations will be added to the BMP file.
B. 
Site development shall be designed such that there will be no increase in the rate of runoff from the site over that calculated for the site prior to development for rainfall intensity less than or equal to the one-hundred-year return interval storm.
C. 
Runoff.
(1) 
Runoff from all impervious surfaces shall be prevented by capture in a closed drainage system or vegetated swales from infiltrating directly into the ground and shall to the greatest extent possible be diverted towards areas covered with vegetation for surface infiltration. Additionally, before discharge from the closed drainage system, the runoff shall be treated through an oil and grit separator.
(2) 
Runoff shall then enter a stormwater detention pond designed to detain a two-year return interval storm with a percolation rate no faster than 40 minutes per inch, or some other system with equal or superior effectiveness. Said detention pond, oil and grit separator or other means by which to filter and retain potential contaminants shall be constructed, operated and maintained in the approved manner and in accordance with state plumbing codes.
Existing nonconforming uses may be expanded as allowed by § 440-503 of this chapter. The Board of Appeals shall not grant such approval unless it shall find that such expansion shall not be substantially more detrimental to the City of Taunton water supply than the existing use and that such expansion conforms to allow the regulations for that use as specified in this article.
A. 
The special permit granting authority (SPGA) under this article shall be the Municipal Council. An applicant filing an application for a special permit of the SPGA pursuant to this article which will also require a special permit pursuant to § 440-502 and/or a site plan review pursuant to Article XV of this chapter may file that application either prior to or concurrently with the application for any other required permit or approval.
B. 
The application and plan shall be prepared in accordance with the requirements of the proposed development (e.g., special permit, site plan review and/or earth removal) and also include those requirements as cited in Subsection D below. An additional filing fee of $50 shall accompany said applications which are filed simultaneously with § 440-502 special permit, site plan review and/or earth removal applications.
C. 
Applications for a special permit under this article filed prior to a § 440-502 special permit and/or Article XV site plan review and/or earth removal permit or applications not requiring any of those three review and approval processes shall be filed with the City Clerk and shall be accompanied by 10 copies of the application and an application fee of $150.
D. 
All applications shall address the following requirements as well as any additional requirements as may be specified in the SPGA rules and regulations for the issuance of special permits:
(1) 
Site plan showing the extent of impervious areas, drainage and layout and design of disposal facilities;
(2) 
A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use accompanied by a description of measures proposed to protect them from vandalism, corrosion and leakage and to provide for spill prevention, containment, cleanup and countermeasures;
(3) 
A description of potentially toxic or hazardous wastes to be generated indicating storage and disposal method;
(4) 
Provisions and conditions to control causes of pollution to groundwater and surface water with an analysis of the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures were to fail;
(5) 
Ensure against contamination and loss of recharge by such means as watertight sewer pipes, control of road salt, erosion control, preservation of natural vegetative cover, and maintenance of catch basins;
(6) 
For underground storage of toxic and hazardous materials, evidence of qualified professional supervision of system design and installation; and
(7) 
Analysis by a qualified professional engineer experienced in groundwater evaluation and/or hydrogeology certifying that at the boundaries of the property the groundwater quality resulting from on-site waste disposal, other on-site operations, natural recharge, and background water quality will not fall below the standards established by the Department of Environmental Protection in Drinking Water Standards of Massachusetts or, for parameters where no standards exist, below standards established by the Board of Health. Where existing groundwater quality is already below those standards, the certification shall be that the proposed activity will result in no further degradation of groundwater quality.
E. 
The SPGA shall refer copies of the application to the City's Water Department, Board of Health, City Engineer, Building Commissioner, City Planner and Conservation Commission which shall review, either jointly or separately, the application and shall submit their recommendations to the SPGA. Failure to make recommendations within 35 days of the SPGA referral may be deemed to be a lack of opposition.
F. 
The SPGA shall hold a public hearing within 65 days after the filing of the application in conformity with the provisions of MGL c. 40A, § 9. Notice of the public hearing shall be given by publication and posting and first-class mailings to parties in 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 City 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.
G. 
After notice and public hearing, and after due consideration of the reports and recommendations of the various City departments and boards, the SPGA may grant such a special permit provided that it finds that the proposed use is in harmony with the purpose and intent of this chapter and will promote the purposes of the Water and Aquifer Resource Protection District.
H. 
The SPGA as a condition of a special permit may require periodic monitoring, including sampling of wastewater disposed to off-site systems or dry wells and sampling of groundwater monitoring wells, with reports to be submitted to the SPGA for referral to the Water Department and Board of Health. The costs of such monitoring shall be borne by the owner of the property.
North Taunton Water and Aquifer Resource Protection District
Beginning at the common corner of the Towns of Norton and Easton and the City of Taunton, thence easterly along the Easton-Taunton line to the common corner of the Towns of Easton and Raynham and the City of Taunton, thence southerly along the Raynham-Taunton line to its intersection with the center line of Field Street; thence westerly along the center line of Field Street to its intersection with the center line of Prospect Hill Street; thence southwesterly along the center line of Prospect Hill Street to its intersection with the center line of Scaddings Street; thence southerly along the center line of Scaddings Street to its intersection with the center line of Bay Street; thence northwesterly along the center line of Bay Street to its intersection with the center line of Bassett Street; thence westerly and northwesterly along the center line of Bassett Street and the easement that was formerly Bassett Street to its merge center line of John Quincy Adams Road; thence northwesterly along the center line of John Quincy Adams Road to its intersection with the center line of Myles Standish Boulevard; thence northerly along the center line of Myles Standish Boulevard approximately 135 feet to its intersection with the projection of the property line between numbers 500 and 540 Myles Standish Boulevard, also known as Assessors lots 24R and 25E respectively; thence northwesterly along said projection and property line to its intersection with the Taunton-Norton line; thence northeasterly along the Taunton-Norton line to the point of beginning.
East Taunton Water and Aquifer Resource Protection District
Beginning at the point of intersection of the center line of Middleboro Avenue with the Taunton-Lakeville line, thence southerly and southeasterly along the Taunton-Lakeville line to its intersection with the projection of a line generally parallel with and about 330 feet easterly of the center line of Kingman Street, said line also being a portion of the boundary line of the Emma N.F. Hutt Forest; thence northerly and easterly along the boundary of said Hutt Forest to its intersection with the westerly line of Kingman Street; thence southerly along the westerly line of Kingman Street where it is coincident with the said Hutt Forest boundary line; thence turning west and following said boundary along its various courses to its intersection with the Taunton-Berkley line; thence northwesterly along the Taunton-Berkley line to another intersection with said Hutt Forest boundary line; thence along said Hutt Forest boundary line along its various courses to its intersection with the center line of Holloway Street Bypass; thence northerly along the center line of Holloway Street Bypass to its merge with the center line of Staples Street; thence northerly along the center line of Staples Street to its intersection with the center line of Caswell Street; thence easterly along the center line of Caswell Street to its intersection with the center line of South Precinct Street; thence northerly along the center line of South Precinct Street to its intersection with the center line of Sherwood Avenue; thence northeasterly along the center line of Sherwood Avenue to its intersection with the center line of Middleboro Avenue; thence northeasterly along the center line of Middleboro Avenue to the point of beginning.
Appendix A
Key:
Permitted uses = Y
Prohibited uses = N
Special permit by Municipal Council = SP
Description of Use
Zone II, Zone I
Interim II
Zone III
Facilities that generate, treat, store or dispose of hazardous waste, subject to MGL c. 21C and 310 CMR 30.00
N
N
N
** Except the following:
a.
Very small quantity generators as defined under 310 CMR 30.00
Y
Y
Y
b.
Household hazardous waste collection centers and events under 310 CMR 30.00
Y
Y
Y
c.
Waste oil retention facilities required by MGL c. 21, § 52A
Y
Y
Y
d.
Waste remediation treatment works approved under 314 CMR 5.00
Y
Y
Y
Storage of liquid hazardous materials, as defined in MGL c. 21E
N
N
N
** Unless in a freestanding container within a building or above ground with secondary containment
Y
Y
Y
Landfilling of sludge or septage defined in 310 CMR 32.05
N
N
N
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31
N
N
N
Land application of untreated and unclassified sanitary waste
N
N
N
Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64
N
N
N
** Unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate
Y
Y
Y
Outdoor storage of uncovered and/or uncontained manure
N
N
N
Commercial piggery
N
N
N
Landfills and open dumps as defined in 310 CMR 19.006
N
N
N
Junk and salvage yards as defined in MGL c. 140B, § 1
N
N
N
Outdoor storage of salt and de-icing chemicals
N
N
N
Dumping of salt-contaminated snow and/or snow brought in from outside the Water and Aquifer Resource Protection Districts
N
N
N
Use of septic system cleaners which contain toxic organic chemicals
N
N
N
Storage of liquid petroleum products
N
N
N
** Except for the following:
a.
Normal household use, outdoor maintenance and heating of a structure
Y
Y
Y
b.
Waste oil retention facilities required by statute, rule or regulation
Y
Y
Y
c.
Emergency generators required by statute, rule or regulation
Y
Y
Y
d.
Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface water
Y
Y
Y
Provided that storage, listed in Items a through d above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity
Earth removal, consisting of removal of soil, loam, sand, gravel or any other earth material (including mining materials) within 6 feet of historical high groundwater as determined from monitoring wells and historical high water table fluctuation data compiled by the United States Geological Survey
N
N
N
** Except for excavations for building foundations, roads or utility works
Y
Y
Y
New cemeteries
N
N
Y
Dry cleaning, funeral, barber, hairdressing, photographic processing, laundering, animal grooming and printing establishments
N
N
Y
** Unless such establishments are connected to municipal sewerage
Y
Y
Y
Golf courses and related facilities either public or private
N
N
Y
High-impact lot uses (uses that do not conform to the minimum performance standards as defined in §§ 440-1606, 440-1607 and 440-1608 of this chapter)
N
N
Y
Stormwater retention basins or unlined stormwater detention basins
N
N
Y
Subsurface stormwater percolation structures without pretreatment systems
N
N
Y
Use of chemicals and salt for de-icing on all streets and parking areas shedding runoff into the Water and Aquifer Resource Protection District
N
N
Y
** Except as in compliance with a Snow and Ice Management Plan approved the Municipal Council
Y
Y
Y
Storage of generators, motors and/or transformers not in use
N
N
Y
Heavy manufacturing (i.e., metal fabricating, plating, finishing, and polishing; motor and machinery service and assembly; etc.)
N
N
Y
** Unless connected to municipal sewerage and providing for containment of spills
Y
Y
Y
Commercial furniture refinishing and stripping
N
N
Y
Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities
N
N
Y
** Except for the following:
a.
The replacement or repair on an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works
Y
Y
Y
b.
The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that are in compliance with 310 CMR 15.00 for the existing building and use and will not result in a design capacity greater than that appropriate for the existing use
Y
Y
Y
c.
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater
Y
Y
Y
d.
The replacement or repair of an existing treatment works that will result in a design capacity greater than the design capacity of the treatment works but discharging outside the Water and Aquifer Resource Protection District
Y
Y
Y
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
Y
SP
Y
Land application of Type II sludge
N
SP
Y
Motor vehicle, boat and airplane service and repair establishments
N
N
Y
Discharge of liquid wastes that require DEP approval
N
SP
Y
Very small quantity generators; one that generates less than 100 kilograms (less than 25 gallons) of hazardous waste in a month
N
SP
Y
Those activities that involve the handling of toxic or hazardous materials in greater quantities than those associated with normal household use, permitted in the underlying zoning (except as prohibited under § 440-1605A and B); such activities shall require a special permit to prevent contamination of groundwater
N
SP
Y
The construction of dams or other water-control devices, ponds or other changes in water bodies or courses, created for swimming, fishing or drainage improvements; such activities shall not adversely affect water quality or quantity
N
SP
Y