a.
The purpose of the Groundwater Protection District is to protect
the public health by preventing degradation of groundwater that serves
as a source or a potential source of the Town's public water supply.
Recognizing the dangers of potential contamination from sewage and
chemicals, the Town has used the best available information, including
the IEP "Aquifer Protection Study, Town of Sharon, 1987," USGS data
and other information, to determine the boundaries of this district
and to formulate the regulations contained in this bylaw.
b.
The purpose of the Surface Water Protection District is to protect
the public health, and the aesthetics, health and public enjoyment
of the Town's surface water bodies by preventing degradation of these
bodies.
c.
Land in either the Groundwater Resources Protection District or the
Surface Water Resources Protection District shall be deemed to be
in the Water Resources Protection District.
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.
e.
Commercial car washes;
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;
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.
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[1] 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.
4541.
Special permit granting authority. The special permit granting
authority (SPGA) under Subsection 4532 of this bylaw shall be the
Board of Appeals. Such special permit shall be granted if the Board
of Appeals determines, after opportunity for review and recommendation
by other Town agencies as specified in Subsection 4542 below, that
the intent of this bylaw as well as its specific criteria are met.
In making such determination, the Board of Appeals shall give consideration
to the simplicity, reliability and feasibility of the control measures
proposed and the degree of threat to water quality posed by potential
failure of any proposed control measures.
4542.
Submittals.
a.
All applications for special permits shall include:
(1)
Certification by a registered professional engineer, whose expertise
is in hydrogeology and who has been engaged by the Town, at the applicant's
expense, that the proposed use will not have a significant adverse
impact upon water resources. The applicant will be informed of the
cost of professional engineering services in advance. The Town shall
not, however, be responsible for any acts, errors or omissions by
said engineer; and furthermore, the applicant shall indemnify and
defend the Town from any acts, errors or omissions by said engineer.
(2)
Water elevations and logs of borings driven to a minimum depth
of 25 feet or refusal. At least two borings per acre at the location
are required, which shall be arranged to identify the direction and
depth of groundwater flow.
(3)
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
all storage containers/facilities from vandalism, corrosion and leakage
and to provide for control of spills.
(4)
A description of any potentially toxic or hazardous waste to
be generated and evidence of permits for its proper storage and disposal.
(5)
Upon the request of the SPGA, a list of measures that the applicant
will take to ensure compliance with the conditions imposed by the
special permit, including, but not limited to, the circumstances under
which the SPGA, its designees or a professional consultant engaged
pursuant to Subsection 6313 of this bylaw may inspect or monitor these
conditions, and a monitoring or inspection schedule.
b.
Applications for other than one single-family house shall also include:
(1)
Evidence of approval by the Massachusetts Department of Environmental
Protection (DEP) of any industrial waste treatment or disposal system
or any wastewater treatment over 15,000 gallons per day capacity.
(2)
Projections of downgradient concentrations of nitrogen and other
relevant chemicals (e.g., federal safe drinking water standard chemicals)
at property boundaries and other locations deemed pertinent by the
Board of Appeals. Projections shall be based upon appropriate groundwater
models.
(3)
The following criteria are to be used for nitrogen calculations
for Groundwater and Surface Water Resources Protection Districts:
(i)
Wastewater per person: five pounds of nitrogen
per year.
(ii)
Three persons per dwelling unit.
(iii)
Lawn fertilizer: three pounds of nitrogen per
1,000 square feet of lawn per year.
(iv)
Road runoff: 0.19 pound of nitrogen per curb mile
per day.
(v)
Background nitrogen concentration: actual field
measurements.
(4)
The following criteria are to be used for groundwater flow and
impacts to drinking water supply wells:
(i)
Identify probable impacted water supply well by
constructing flow line downgradient of the proposed site.
(ii)
Area recharge rate: 16 inches per year for sand
and gravel; nine inches per year for till.
(iii)
Hydraulic conductivity: listed from closest downgradient
public supply well.
(iv)
Saturated Thickness Map IEP (1987), supplemented
with site-specific borings.
(v)
Groundwater gradient: Sharon Water Table Map (IEP,
1987), supplemented with site-specific measurements.
(5)
Impervious areas. For any proposed activity on a lot that would
render more than 15% of the total lot area impervious, the application
or site plan shall contain evidence prepared by a registered professional
engineer containing drainage calculations, utilizing U.S. Natural
Resources Conservation Service methodology, demonstrating that any
increase in the total volume of runoff shall be recharged on site
and diverted towards areas with vegetation for surface infiltration
to the maximum extent possible. The application or site plan accompanying
such application shall be accompanied by a narrative statement explaining
the use of dry wells, which shall be allowed only upon a showing that
other methods are not feasible; all dry wells shall be preceded by
oil, grease and space sediment traps to facilitate removal of contaminants.
(6)
Maintenance of vegetative cover. For any use retaining less
than 40% of lot area as a natural vegetative area, the application
or site plan shall contain evidence including a narrative statement
by a registered professional engineer certifying that such removal
of vegetative cover will likely not result in decreased recharge of
the groundwater deposit or increased sedimentation of surface waters.
The application or site plan shall indicate any restoration proposals
or erosion control measures proposed on the premises.
c.
Any change, alteration or expansion of a single or two family residence
shall not be required to make such submittals as required by 4542(a)
and (b) at application, provided that the Board of Appeals may thereafter
require any or all of such submittals under 4542(a) or (b).
d.
Review by other Town agencies. At the time of submission of the special
permit application, the applicant shall simultaneously transmit copies
to the Planning Board, the Conservation Commission, the Department
of Public Works, the Board of Health and any other Town agencies/boards
or departments as may be required by the Board of Appeals for their
written recommendations. Failure to respond in writing within 45 days
shall indicate approval or lack of desire to comment by said agency.
4543.
Criteria for special permits for insensitive locations.
a.
Insensitive locations within the Surface Water Resources Protection
District. Subject to the considerations listed in Subsection 6313
of this bylaw, the Board of Appeals may grant a special permit to
exempt a location within the Surface Water Resources Protection District
from the requirement of Section 4500 of this bylaw if the applicant
demonstrates that the development or use sought will not adversely
affect the groundwater because:
b.
Insensitive locations within the Groundwater Resources Protection
District. Subject to the considerations listed in Subsection 6313
of this bylaw, the Board of Appeals may grant a special permit to
exempt a location within the Groundwater Resources Protection District
from the requirement of Section 4500 of this bylaw if the applicant
demonstrates that the development or use sought will not adversely
affect the groundwater because:
(1)
The location is underlain by soils having a transmissivity of
less than 10,000 gallons per day per square foot or the location is
separated from the aquifer serving as an existing or potential source
of public water supply by an aquaclude or groundwater divide; and
(2)
Development at that location will have no significant adverse
impact upon any developed or planned public water supply.
4544.
Criteria for special permits not covered by Subsection 4543.
a.
Subject to the conditions listed in Subsection 6313 of this bylaw,
a special permit for use or activity in a location within the Surface
Water Resources Protection District may be granted only if the Board
of Appeals determines, after opportunity for review and recommendation
by other Town agencies as specified above, that the use of the location,
including on-site waste disposal and other on-site operations, will
not cause surface water quality at downgradient streams, ponds or
lakes to fall below federal or state standards for Class B surface
water as set forth in 314 CMR 4.00, Massachusetts Surface Water Quality
Standards.
b.
Subject to the conditions listed in Subsection 6313 of this bylaw,
a special permit for a use or activity in a location within the Groundwater
Resources Protection District may be granted only if the Board of
Appeals determines, after opportunity for review and recommendation
by other Town agencies as specified above, that groundwater quality
will comply with USEPA rules and regulations implemented under the
Clean Water Act and groundwater quality and on-site wastewater discharges
will comply with the Massachusetts DEP groundwater discharge permit
program (314 CMR 5.00).
c.
Subject to the conditions listed in Subsection 6313 of this bylaw,
and notwithstanding the provisions of Subsection 4544a or b, a special
permit for a change, alteration or expansion of a single- or two-family
residence to be issued by the Board of Appeals shall consider the
following conditions of any special permit granted thereunder:
(1)
Water-saving devices for all bathrooms;
(2)
Organic-only fertilizers and weed killers;
(3)
Leaders for roof gutters into dry wells;
(4)
Upgrade of the existing subsurface sanitary disposal system;
(5)
Annual pumping of the subsurface sanitary disposal system;
(6)
No garbage disposers or disposals;
(7)
And such other conditions as may be deemed appropriate.
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.
