[Amended 6-1-2021 ATM by Art. 18, approved 9-27-2021]
The purpose of the Aquifer Protection Overlay District is to
protect existing and potential groundwater supplies and recharge areas;
particularly those areas that contribute to the public water supply.
It is the intent of this by-law to protect said groundwater supplies
from detrimental development and land use practices, and to ensure
the adequate quality and quantity of drinking water for distribution
within the Town of Dartmouth.
The Aquifer Protection Overlay District is an overlay district
superimposed on the underlying zoning districts. This overlay district
by-law shall apply to all new construction, reconstruction, or expansion
of existing buildings, parking areas and new or expanded uses. Applicable
activities or uses within the Aquifer Protection Overlay District
must comply with the requirements of this district, as well as with
the underlying zoning.
For the purposes of this Aquifer Protection Overlay District,
there are hereby established within the Town, Aquifer Protection Overlay
District areas, consisting of Zone I, Zone II, and Zone III as defined
below. The criteria used to delineate these Zones are:
A.
Zone I, The Protective Radius, The Massachusetts Department of Environmental
Protection (MassDEP) or "MassDEP" Approved Zone I. The protective
radius shall extend in all directions from each public water supply
well a distance of 400 feet and include all the land within the radius.
B.
Zone II, The MassDEP Approved Zone II. The recharge area generated
by a public water supply well after 180 days of continuous pumping,
at approved yield with no recharge from precipitation. It has been
determined that without precipitation, a well could draw water from
the boundaries of this area within 180 days. Zone II is equivalent
to Zone II as defined in 310 CMR 22.02.
C.
Zone III, land area beyond the area of Zone II from which surface
water and groundwater drain into Zone II. These recharge and potential
groundwater development areas are a combination of MassDEP approved
Zone II areas and Town of Dartmouth areas, as determined from:
A.
The boundaries of the Aquifer Protection Overlay District and the
Zones therein are shown on a separate page of the Dartmouth Zoning
Map that is labeled as "Dartmouth Aquifer Protection Overlay District"
and that is dated June 1, 2021.
B.
Multiple Zone parcels. Portions of parcels within any Zone shall
be governed by the regulations of the aquifer Zone in which they are
located.
Unless protected from the application of this bylaw by the provisions
of the MGL, Chapter 40A, Section 6, or exempt pursuant to MGL, Chapter
40A, Section 3, or otherwise protected or exempt by this bylaw, the
following uses are prohibited:
A.
In Zone I, all uses except structures and uses necessary to extract
groundwater for the purpose of providing a public water supply. The
disposal of liquid or leachable wastes, or the discharge of any septage
waste within, and/or otherwise contaminating Zone I is prohibited.
B.
The following uses are prohibited in Areas 1, 2 and 3:
(1)
The landfilling or storage of sludge, wastewater residuals,
or septage, as defined in 310 CMR 32.05, except where storage of sludge
is incidental to an allowed use, in which case sludge or septage must
be stored in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(2)
Any use which involves the use, storage, disposal, treatment
or generation of hazardous liquid materials or hazardous materials,
including but not limited to, any material, in whatever form, which,
because of its quantity, concentration, chemical, corrosive, flammable,
reactive, toxic, infectious or radioactive characteristics, either
separately or in combination with any substance or substances, constitutes
a present or potential threat to human health, safety, welfare, or
constitutes a present or potential threat to the environment, when
improperly stored, treated, transported, disposed of, used, or otherwise
managed, or home heating oil products, any of which are defined in
MGL Chapter 21C and Chapter 21E and 310 CMR 30.00, except for the
following:
(a)
Usual and customary domestic use.
(b)
Use of home heating oil for heating purposes or to supply an
emergency generator.
(c)
Waste oil retention facilities required by MGL Chapter 21, Section
52A.
(d)
Treatment works approved by the MassDEP designed in accordance
with 314 CMR 5.00 for the treatment of contaminated ground or surface
waters.
(e)
Very small quantity generators (defined as: any public or private
entity, other than residential, which produces less than 27 gallons
a month of hazardous waste or waste oil, but not including any acutely
hazardous waste as defined in 310 CMR 30.136), of hazardous waste
as defined under 310 CMR 30.00.
(f)
Domestic hazardous waste collection centers and events sponsored
by the Town of Dartmouth and operated pursuant to 310 CMR 30.390.
(3)
Landfills and open dumps, as defined in 310 CMR 19.006, or disposal
of solid or hazardous wastes as defined in 310 CMR 30.010, composting
facilities registered in accordance with 310 CMR 16.04, or composting
facilities permitted in accordance with 310 CMR 16.05, or the burial
of stumps, or the landfilling of brush.[1]
[1]
Editor's Note: Original Subsection 20.505, which immediately
followed this subsection, was deleted 10-21-2014, approved 2-10-2015.
(4)
The use of septic system additives or cleaners that have not
been approved by the MassDEP in accordance with 310 CMR 15.027(3).
(5)
Commercial or industrial uses that discharge process wastewater
on-site that contains contaminants other than normal domestic organic
wastes.
(6)
Any floor drainage system that discharges to the ground.
(7)
Manufacture and production of paving, roofing, and other construction
materials using petroleum-based coatings and/or preserving materials.
(8)
Lot coverage above 10%, or lot coverage above 2,500 square feet
of any lot, whichever is greater.
(a)
The following shall not be considered coverage relative to aquifer
limits:
[1]
Natural areas; such as, landscaping, gardens, lawns,
etc.;
[2]
One shed under 120 square feet;
[3]
Open decks, (i.e. slotted, allowing precipitation
to easily flow through to the ground);
[4]
Handicap ramps;
[5]
Above ground swimming pools;
[6]
Building footprints of up to 10% of lot area with
approved artificial recharge systems.
(b)
Lot coverage is defined as all uses on a lot that include, but
are not limited to: buildings, structures, driveways, parking areas,
gravel areas, walks, patios, storage areas, impermeable surfaces.
(9)
Automotive service and repair, boat repair and service, internal
combustion engine service and repair, gasoline stations, automobile
graveyards and junkyards (as defined in MGL Chapter 140B, Section
1). Car washes that do not recycle process water and are not connected
to the town sewer system.
(10)
On-site dry cleaning establishments. Hairdressing and beauty
salons that are not connected to the town sewer system.
(11)
Airports, truck and bus terminals or stations.
(12)
Treatment or disposal works subject to 314 CMR 5.00, for wastewater
other than sanitary sewage. Wastewater treatment plants, or facilities,
public or private, with on-site disposal of effluent, unless tertiary
treatment is provided. Exempted are:
(a)
The replacement or repair of an existing system(s) approved
by the Board of Health that will not result in a greater discharge
volume than the existing use.
(b)
Treatment works approved by the MassDEP (DEP) designed for the
treatment of contaminated ground or surface waters and operated in
compliance with 314 CMR 5.05(3) or 5.05(13); and
(c)
Publicly owned treatment works, or POTW;
(13)
Storage of sodium chloride, chemically treated abrasives or
other chemicals used for the removal of ice and snow on roads, unless
such storage is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate; exceptions are: 10
pounds for residential use, 100 pounds for commercial/industrial on-site
use, 500 pounds for sale, if such amounts are stored within a structure
that will prevent the generation and escape of contaminated run-off
or leachate.
(14)
Stockpiling and disposal of snow or ice removed from highways,
streets and parking lots located outside of Zone II or III that contains
sodium chloride, chemically treated abrasives or other chemicals used
for snow and ice removal.
(15)
The excavation or the removal of soil, loam, sand, gravel or
any other mineral substances within four feet of the historical high
groundwater table elevation [as determined by a DEP approved soil
evaluator in accordance with 310 CMR 15.103(3) and witnessed by the
Board of Health in all non-residential projects] - unless the substances
removed are re-deposited within 45 days of removal on site to achieve
a final grading greater than four feet above the historical high water
mark, and except for excavations for the construction of building
foundations, swimming pools, roof runoff infiltration systems or the
installation of utility works and approved drainage systems;
(16)
All basement/crawl space floors shall be set at least one foot
above the high ground water table, [as determined by a DEP approved
soil evaluator in accordance with 310 CMR 15.103(3) and witnessed
by the Board of Health in all non-residential projects], unless a
municipal or private storm drain service connecting to an approved
recharge system, detention, or retention pond is provided to the lot.
(17)
Uses or activities, other than for Dartmouth municipal distribution
that withdraw groundwater from private wells in excess of 100,000
gallons per day (gpd) for manufacturing or consumption and that generate
sewage greater than 2,000 gpd.
(18)
Other than incidental to the production of another product, the sale, commercial distribution, or transport of water from Dartmouth Aquifer Protection Overlay District as defined in Zoning By-Law § 375-28.3 by other than the Town of Dartmouth for transport outside the Town of Dartmouth.
(19)
The disposal of liquid or leachable wastes, except for usual
and customary sanitary wastes for allowed uses.
(20)
Galvanized and bare metal roofs.
(21)
Storage of animal manures, unless such storage is within a structure
designed to prevent the generation and escape of contaminated runoff
or leachate.
(22)
Storage of commercial fertilizers, herbicides, or pesticides,
unless such storage is within a structure designed to prevent the
generation and escape of contaminated run-off or leachate.
B.
Requirements for granting of special permit. After notice of a public
hearing, and after due consideration of the reports and recommendations
of the Planning Board, the Board of Health, the Conservation Commission,
the Department of Public Works, and the Building Commissioner/Zoning
Enforcement Officer; the Board of Appeals may grant such Special Permit
provided that it finds the proposed use:
(1)
Is in harmony with the purposes of this by-law;
(2)
Is appropriate to the natural topography, soils and other characteristics
of the site;
(3)
Will not, during construction or thereafter, create an adverse
environmental impact on any Aquifer Zone in the Town;
(4)
Will not adversely affect an existing or potential Town water
supply;
(5)
Is consistent with the Town's Preamble;
(6)
Is consistent with existing and future development in accordance
with underlying zoning;
(7)
For uses that exceed 990 gallons of LPG, the method of installation
shall comply with 527 CMR 1.00 of the Massachusetts State Fire Code;
(8)
The Board of Appeals may require an operations and maintenance
plan for recharge systems including yearly inspection and enforcement
procedures. The Zoning Enforcement Officer may modify the inspection
schedule based on the results of prior inspections, not to exceed
three years between inspections.
A.
Single and two-family residential recharge and stormwater requirements.
(1)
New single and two-family residences shall be required to recharge
roof runoff from primary buildings. (i.e. Garages and barns shall
be considered primary buildings; a shed of 120 square feet or less
is not a primary building.)
(2)
Any change of use, new construction, alteration, or reconstruction,
encompassing more than 50% of the existing building's assessed value,
or an increase of the total building footprint on a lot by 10%, or
more, shall require recharge from all primary buildings.
(3)
Increasing existing lot coverage by more than 5% shall require
the recharge of runoff from all primary buildings. If roof runoff
is already being recharged, runoff from the area of expansion, or
its equivalent shall also be recharged.
(4)
Site design shall incorporate natural drainage patterns and
vegetation in order to maintain pre-development stormwater patterns
and water quality to the greatest extent feasible.
(5)
Stormwater runoff from roofs shall be recharged directly into
the ground. The Zoning Enforcement Officer shall approve all plans
that meet uniform design standards for storm water recharge facilities
as promulgated and from time to time revised by the Board of Public
Works and as approved by the Town Engineer or Conservation Commission.
(6)
All artificial recharge systems shall be maintained in full
working order by the owner(s) under the provision of an operations
and maintenance plan approved by the Zoning Enforcement Officer to
ensure that the system functions as designed.
(7)
All subsurface infiltration systems shall be constructed with
a two foot minimum separation between the bottom of the system and
maximum groundwater elevation. In cases where the groundwater elevation
is less than two feet from the surface, the Zoning Enforcement Officer
may exempt the residential unit from the roof recharge requirements
of this section.
(8)
This section shall not prohibit the use of rain barrels, cisterns
and other rainwater collection devices in addition to an approved
recharge system. Unless protected from the application of this bylaw
by the provisions of the MGL, Chapter 40A, Section 6, or exempt pursuant
to MGL, Chapter 40A, Section 3, or otherwise protected or exempt by
this bylaw, the above standards shall apply.
B.
Commercial, industrial, institutional, and multifamily residential
recharge and stormwater management requirements.
(1)
New commercial, industrial, institutional and multi-family residential
uses, and all roads and parking facilities (greater than 10 spaces),
shall require a stormwater management plan that provides for artificial
recharge of roof runoff. Stormwater management for the remaining site
(non-roof) area shall be designed in accordance with pertinent water
quality provisions of the Town of Dartmouth Conservation Commission
Wetland Protection Bylaw, latest revision.[1]
(2)
Any change of use, new construction, alteration, or reconstruction,
encompassing more than 50% of the existing building, or an increase
of the total building footprint on a lot by 10% or 500 square feet,
whichever is greater, during any three-year period shall require recharge
from all primary buildings.
(3)
Increasing lot coverage by more than 5% above that allowed,
during any three-year period, shall require the recharge of runoff
from all primary buildings. If roof runoff is already being recharged
then the area of expansion, or its equivalent, shall also be subject
to stormwater management requirements.
(4)
Site design shall incorporate natural drainage patterns and
through the use of constructed stormwater wetlands, wet (detention)
ponds, water quality swales, sand filters, organic/vegetative filters
or similar site appropriate best management practices capable of removing
pollutants from stormwater. Reference shall be made to "Dartmouth
Department of Public Works Stormwater Recharge Standards", latest
revision, for the type of use proposed and the soil types present
on the site.
(5)
Said stormwater management plan shall be developed by a professional
engineer registered in the State of Massachusetts, and shall be reviewed
and approved by the Zoning Enforcement Officer who reserves the right
to retain a consultant engineer to review said plan, at the applicant(s)
expense.
(6)
All recharge systems shall be maintained in full working order
by the owner(s) under the provision of an operations and maintenance
plan approved by the Zoning Enforcement Officer to ensure that the
system functions as designed.
(7)
When a Special Permit is required due to lot coverage, annual
inspections of such mechanisms, certifying that the system is functioning
properly, shall be conducted by a registered professional engineer
and submitted to the Zoning Enforcement Officer no later than May
1 of each year, along with an administrative filing fee, as established
by the Zoning Enforcement Officer. The Zoning Enforcement Officer
may modify the inspection schedule based on the results of prior inspections.
C.
Recharge systems shall be designed to contain a volume equivalent
to one inch of runoff from the tributary area or, if dynamic operation
is proposed, to accommodate at least a one-inch runoff in a one-hour
period.
D.
Direct stormwater discharge, except roof runoff, into dry wells or
underground discharge is prohibited on non-residential properties
except where first filtered through an approved pre-treatment.
E.
Only stormwater and sanitary sewage (via an approved sewage disposal
system) may be discharged to the ground. Stormwater system failure
shall be apparent by design.
F.
Except for roof runoff systems, infiltration systems greater than
three feet deep shall be located at least 100 feet from drinking water
wells.
G.
Infiltration systems shall be designed to control hazardous material
spills, remove contamination, and to avoid sedimentation of leaching
facilities.
H.
All subsurface infiltration systems shall be constructed with a two-foot
minimum separation between the bottom of the structure and maximum
groundwater elevation, as determined by a MassDEP Soil Evaluator in
accordance with 310 CMR 15.103(3), and as witnessed by the Board of
Health or its authorized agent.
