No activity shall be carried on in a Business or Industrial
District which is:
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Wetlands contribute to the following public interests:
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Protection of current and future drinking water supply
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Protection of groundwater
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Flood control
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Control of erosion and sedimentation
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Storm damage prevention
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Prevention of pollution
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Protection of lakes, ponds, streams and other water bodies
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Protection of wildlife and fisheries habitat
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The role that an undisturbed buffer zone plays in the maintenance
of viable wetland and water resources is well documented in scientific
literature. Protective buffer zones help to preserve the functional
benefits of wetlands and water bodies.
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3321.
Purpose. The purpose of the wetland setbacks is:
a.
To prevent incremental and cumulative impacts to the Town's wetlands,
floodplains and water bodies, by restricting the level of disturbance
adjacent to these resources, thus preserving their beneficial functions;
b.
To avoid hazard resulting from reduction of the water retention capacity
of the wetlands;
c.
To ensure that as much of the protective vegetated buffer as possible
remains undisturbed within the wetland setback;
d.
To prevent flood and storm damage hazards;
e.
To reduce the incidence of unhealthful conditions resulting from
development in areas of high water table;
f.
To reduce the likelihood of stream and water body eutrophication
and the unhealthful results therefrom;
g.
To limit the degradation of surface and groundwater systems, including,
but not limited to, those that influence the quality of current and
potential drinking water supplies;
h.
To prevent the degradation of wildlife and fisheries habitat; and
i.
To prevent the nutrient and pollutant overloading of the Town's wetland
and water resources.
3322.
Applicability. Setback regulations shall apply within the following
areas: all land within 100 feet of the following resource areas (as
defined in MGL c. 131, § 40):
3323.
Permitted uses. The following uses, and no others, are permitted
within wetland setback areas, and then only if they comply with all
other provisions of this and any other applicable bylaw or regulation:
a.
The construction and maintenance of a driveway of minimum legal and
practical width where alternative means of access from a public way
to unrestricted land of the same owner are unavailable; the enlargement
to minimum legal and practical width and the maintenance of raised
roadways in existence on the date of adoption of this provision, and
the construction of other single-lane driveways and paths or residential
subdivision streets, including excavation and filling incidental thereto.
b.
The installation and maintenance of underground utilities, provided
the surface of the wetland is restored substantially to its original
condition; construction which may be required by public or quasi-public
agencies or private utilities for the installation or extension of
above-ground services;
c.
The routine operation and maintenance of services on open land in
a cluster development or on property owned or controlled by public
or quasi-public bodies and used for conservation, water supply, park
or recreation purposes or on land owned or controlled by public agencies
or public utilities and used for the transmission of electric power,
gas or oil, or the normal maintenance of sewerage or water lines;
d.
The construction and maintenance of boat launching ramps, the excavation
of boat channels or boat mooring slips accessory to a single-family
use;
e.
The construction of wildlife impoundments and other such excavations,
provided that no fill or other material shall be placed upon the premises
except as may be necessary to construct the retention structure and
provide access thereto, and to provide bank stabilization;
f.
The construction and maintenance of beaches, outdoor recreation activities,
such as, but not limited to, hiking, boating, trapping, hunting, fishing,
horseback riding, skeet and trap shooting and shooting preserves;
g.
The construction and maintenance of catwalks, wharves, boathouses,
boat shelters, fences, duck blinds, wildlife management shelters,
foot bridges, observation decks and shelters;
h.
Other works which are designed to enhance conservation or the appearance
and attractiveness of open space or recreation areas without altering
their use as such.
3324.
Prohibited activities. Except where required to accomplish a
use or activity authorized by Subsection 3323 above, the following
activities and/or uses are prohibited within wetland setback areas:
a.
Filling, placing or dumping any soil, loam, peat, sand, gravel, rock
or other mineral substance, refuse, trash, rubbish or debris;
b.
Draining, excavating or dredging any premises or removing therefrom
loam, peat, sand, gravel, soil or other mineral substance;
c.
Any act or use of any premises in a manner which would destroy the
natural contours of the land, detrimentally alter existing patterns
of water flow or otherwise alter or permit the alteration of the natural
and beneficial character of the environment;
d.
The discharge of stormwater within the wetland setback of Lake Massapoag
or tributary watercourse.
3331.
Purpose. The purpose of the water supply setback is to avoid
hazards to public health and safety resulting from contamination or
reduction in the volume of water supply.
3332.
Applicability. Setback regulations shall apply to all land within
400 feet of any public well or well development area in the central
portion of high-yield aquifer deposits, as indicated on the Zoning
Map.
3333.
Permitted uses. The following uses, and no others, are permitted
and then only if they comply with all other provisions of this or
any other applicable bylaw or regulation:
a.
A driveway of minimum legal and practical width, provided that no
portion thereof shall be sloped in excess of 4% and that no road salt
shall be used in maintenance.
b.
Utilities, except wastewater collection, treatment and disposal systems.
c.
Open space and conservation uses, provided that the land is maintained
substantially in its natural state.
d.
Active recreation activities such as hiking, trapping, hunting, fishing,
horseback riding, bicycling, provided that the land is maintained
substantially in its natural state.
e.
One residential structure and associated wastewater treatment and
disposal system per lot, provided that:
3334.
Prohibited uses. Except where authorized in Subsection 3333,
the following are prohibited within the water supply setback:
a.
Structures, pavements and other impervious materials.
b.
The placing or dumping of any low-porosity or unclean fill, trash,
debris or rubbish.
c.
Any filling, excavating, grading or draining that would substantially
alter surface or groundwater hydrology and any removal of earth, rock,
soil, humus or mineral substance from the premises.
d.
Any application of pesticides, herbicides or fertilizers.
Subject to the limitations above, the Board of Appeals may grant
a special permit to allow any use otherwise permitted in the district
in which the premises in question is located, subject to all requirements
of that district; provided that the Board of Appeals, after seeking
and obtaining the advice of the Conservation Commission, Board of
Health and Planning Board, determines that the proposed use will not
violate the purposes stated for the wetlands setback or water supply
setback.
The following are permitted only if they comply with all other
provisions of this or any other applicable bylaw or regulation and
are subject to the following restrictions:
3351.
The construction of structures, pavements, utilities and other
site improvements disturbing more than 20,000 square feet of land
cumulatively, provided that sedimentation and erosion control measures
are utilized in accord with a comprehensive sedimentation and erosion
control plan approved by the Board. The Board, in its discretion,
may require approval of the aforesaid sedimentation and erosion control
plan by the Stormwater Manager, in accordance with the provisions
of the Stormwater Discharges Generated by Construction Activity General
Bylaw of the Town,[1] in those circumstances where such approval is not otherwise
required.
3352.
The discharge of stormwater to any surface water body or watercourse,
ditch, culvert or drainage system, provided that at least 80% of water-borne
sediment is removed.
a.
The discharge of toxic or hazardous materials within the Town of
Sharon is prohibited.
b.
The outdoor storage of toxic or hazardous materials within the Town
of Sharon is prohibited where prohibited by other provisions of this
bylaw and by the provisions of other Town bylaws, and is further prohibited,
except in product-tight containers which are protected from the elements,
leakage, accidental damage and vandalism, and which are in accord
with all other applicable provisions of this bylaw.
