The Surface Water Resources Protection District shall be as
shown on the Zoning Map. The Groundwater Resources Protection District
shall be as shown on the Zoning Map.
The Board of Appeals, pursuant to Subsection 4543 of this bylaw,
may grant a special permit to exempt a location from the requirements
of Section 4500 of this bylaw.
Water Resources Protection Districts shall be considered to
be superimposed over any other district established in this bylaw.
Land in a Water Resources Protection District may be used for any
purpose as otherwise permitted in the underlying district, unless
prohibited by and in any event subject to the following additional
restrictions:
4531.
Prohibited uses and activities. Within the Water Resources Protection
Districts, the following uses and activities are specifically prohibited:
[Amended 11-6-2017 STM
by Art. 2]
a. Sanitary landfill or other disposal of solid waste;
b. Motor vehicle salvage operations and junkyards;
c. Municipal sewage treatment facilities (publicly owned treatment works),
not including sewer lines, force mains, pump stations and other accessory
sewer system equipment used to transport sewage;
d. Sewage treatment plants, except as follows:
(1)
In Business District D and in the Wastewater Overlay District,
on-site wastewater treatment is permitted, provided that it is authorized
by a groundwater discharge permit and a treatment works construction
permit as set forth in Subsection 2329 and provided that the wastewater
treatment plant does not accept industrial wastewater as defined in
310 CMR 15.004(5) or wastewater from a Health Care Center, hospice,
or renal dialysis facility unless the Massachusetts Department of
Environmental Protection or the Sharon Board of Health determines
that the that the wastewater's constituents are substantially similar
to sanitary sewage (310 CMR 15.002) and that adequate funding mechanisms
are in place to provide for proper operation and maintenance and for
monitoring and testing;
(2)
In the Light Industrial District, on-site wastewater treatment
for domestic wastewater and/or industrial wastewater, as defined in
310 CMR 15.004(5), may be permitted pursuant to Subsection 4532d,
provided that it is authorized by a groundwater discharge permit,
a sewer extension permit, a sewer connection permit and/or other applicable
permits from the Massachusetts Department of Environmental Protection
and a treatment works construction permit and/or other applicable
permits from the Sharon Board of Health, and further provided that
adequate funding mechanisms are in place to provide for proper operation
and maintenance and for monitoring and testing.
f. Outdoor storage of road salt or other deicing chemicals;
g. Any underground fuel storage or other storage tanks or collection
pits, including any tanks or collection pits partially below mean
ground elevation; except as provided for in Section 4532e.
[Amended 10-12-2020 ATM
by Art. 26]
h. Dumping of snow from outside the district;
i. Commercial dry cleaning establishments;
j. Commercial self-service laundries, unless connected to public sewerage;
k. Commercial service and repair of airplanes, boats and motor vehicles,
including body shops;
l. Storage and/or sale of petroleum or other refined petroleum products,
except within a building which it will heat; except in quantities
reasonably associated with normal household use; and except as provided
for in Section 4532e.
[Amended 10-12-2020 ATM
by Art. 26]
m. Commercial plating, finishing or polishing of metals;
n. Chemical and bacteriological laboratories;
o. Storage of herbicides, pesticides or fertilizer, other than in amounts
normally associated with household or agricultural uses;
p. The following activities if done commercially: cabinet or furniture
making, painting, wood preserving, furniture stripping and refinishing,
photographic processing and printing;
q. Electronic circuit assembly;
r. Hotels or motels, except that hotels located in Business District
D and hotels and motels located in any district that are connected
to public sewerage are not prohibited;
s. The removal of any earth, rock, soils, humus or mineral substance except as to the extent permitted by Chapter
141, Earth Removal, of the Town's General Bylaws.
4532.
Special permit uses. Within the Water Resources Protection Districts,
the following uses are prohibited unless a special permit is granted
by the Board of Appeals:
a. Any activity that involves the use, manufacture, storage, transportation
or disposal of toxic or hazardous materials in quantities greater
than reasonably associated with normal household use; provided, however,
that in Business District D, the storage of hazardous materials in
sealed containers of five gallons or less normally included in the
inventory of retail stores, if authorized by all other provisions
of this bylaw, shall not require a special permit;
b. The enclosed storage of road salt or other deicing chemicals;
c. Modification of groundwater flow through use of underdrains or similar
devices, except that a special permit shall not be required to maintain,
modify or expand single-family residential structures lawfully in
existence on April 19, 1983;
d. Sewage generation exceeding six gallons per day per 1,000 square
feet of lot area and on-site wastewater treatment and disposal except
as provided in Subsection 2329. On-site treatment and disposal of
domestic wastewater exceeding 10,000 gallons per day total and industrial
wastewater as defined in 310 CMR 15.004(5) may be allowed if authorized
by the Massachusetts Department of Environmental Protection and by
the Sharon Board of Health. Residential wastewater generation shall
be calculated as 110 gallons per bedroom per day.
e. In
Business District D, the following:
[Added 10-12-2020 ATM by Art.
26]
(1) Retail sale of gasoline and diesel fuel accessory to retail stores;
(2) Storage of gasoline and diesel fuel accessory to retail stores in
the following:
(i) Underground storage tanks; or
(ii)
Storage tanks partially below mean ground elevation; or
(iii)
Above ground storage tanks.
Said storage tanks shall comply with Article XX; Town of Sharon, MA, Code Division 1: Bylaws, Part II: General Legislation, §
160-5D.
4533.
Minimum lot area. The minimum lot area within any Water Resources
Protection District shall be the greater of the lot area otherwise
required in the underlying zoning district or as follows:
a.
|
District
|
Minimum Lot Area
(square feet)
|
---|
|
Surface Water Resources Protection District
|
80,000
|
---|
|
Groundwater Resources Protection District
|
60,000
|
b. The provisions of Paragraph a notwithstanding, in flexible developments
allowed by special permit, total land area per dwelling unit within
the flexible development shall be as follows:
|
District
|
Total Land Area
(square feet)
|
---|
|
Surface Water Resources Protection District
|
80,000 per dwelling unit
|
---|
|
Groundwater Resources Protection District
|
60,000 per dwelling unit
|
4534.
Stormwater management. Site design shall comply with the provisions
of the Stormwater Discharges Generated by Construction Activity General
Bylaw of the Town and further shall comply with all provisions of the Massachusetts
Department of Environmental Protection's Stormwater Management Policy
(November 18, 1996, minor revisions March 1997), whether or not the
site is otherwise subject to the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40). Site design shall result in no increase
in the peak rate of stormwater runoff for the ten-"year-frequency
storm event. Site design shall result in no increase in the total
volume of stormwater runoff for the one-year-frequency storm event.
Following removal of contaminants, runoff shall be directed towards
areas covered with vegetation for surface infiltration. Catch basins,
storm drains, and stormwater leaching structures shall be used only
where other methods are infeasible and, where such devices are used,
shall employ oil/particle separators and other anti-pollution devices
and stormwater retention/detention basins. Prior to discharge to vegetated
surface infiltration areas or to stormwater leaching structures, stormwater
shall be treated to remove 80% of the total suspended solids (TSS)
and shall also be treated in a structure to remove petroleum-based
contaminants. All sites shall be subject to an operation and maintenance
plan using best management practices pursuant to Massachusetts Department
of Environmental Protection practice. The operation and maintenance
plan requires an adequate funding mechanism to ensure proper maintenance
of all components of the stormwater management system in perpetuity.
To the extent practicable, the operation and maintenance plan shall
prohibit use of sodium chloride for maintenance of vehicular areas.
4535.
Impervious materials coverage.
a. Except by special permit from the Board of Appeals, impervious materials
shall not cover more than 15% of the lot area and not less than 30%
of the lot area in Business District D and not less than 40% of the
lot area in all other districts shall be maintained as a natural vegetation
area. In evaluating a special permit for an increase in impervious
areas above this limit, consideration shall be limited to a determination
that any increase in the total volume of stormwater runoff for the
one-year-frequency storm event will be recharged on site in compliance
with Subsection 4534.
b. The natural vegetation area shall be located so as to maximize the
distances between impervious surfaces or on-site disposal systems
and any surface water body or municipal well. This section shall not
apply to the proposed activities involving residential structures
of four families or less or uses or structures accessory thereto,
nor shall it apply to any otherwise permissible use on a lot of 40,000
square feet or less.
c. Large-scale ground-mounted solar photovoltaic installations are excluded
from impervious area limitations.
[Added 5-1-2017 ATM by Art. 24]
4536.
Locations within lots. Where the premises are partially outside
of the Water Resources Protection District, site design shall, to
the degree feasible, locate such potential pollution sources as on-site
disposal systems outside of the district.
Written notice of any violation of Subsections 4510 through
4544 of this bylaw shall be provided by the Building Inspector to
the owner of the premises, specifying the nature of the violation
and a schedule of compliance, including cleanup of any spilled materials.
This compliance schedule must be reasonable in relation to the public
health hazard involved and the difficulty of compliance. In no event
shall more than 30 days be allowed for either compliance or finalization
of a plan for longer-term compliance.