[Amended 5-8-2006 ATM, Art. 14]
[Amended 3-10-2010 ATM by Art. 16]
The Aquifer Protection District shall include all land designated as such and shown and delineated on a map entitled "2010 Town of Norwell Aquifer Protection District Map and State Water Supply Protection Areas." The Aquifer Protection District shall be considered to be superimposed over any other district established by this Zoning Bylaw. All land in this district is subject to the regulations set forth in this article and such regulations shall be in addition to, rather than in place of, the requirements for the underlying district.
The purposes of this article, in addition to the purposes enumerated in § 201-1.1 of this Zoning Bylaw, are:
A. 
To preserve and maintain the quality of the surface and ground water within the Town of Norwell, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town.
B. 
To protect such groundwater from the danger of accidental spills and discharge of petroleum products and other toxic and hazardous materials, and from sewage discharge, all of which pose potential public health and safety hazards and threaten economic losses to the Town.
C. 
To enhance groundwater recharge in aquifer recharge areas.
GROUNDWATER RECHARGE
As defined in the Massachusetts Department of Environmental Protection (MA DEP) and Massachusetts Office of Coastal Zone Management (MA CZM) Stormwater Management Technical Handbook of March 1997.
NON-SANITARY TREATMENT OR DISPOSAL WORKS
Wastewater discharge from industrial and commercial facilities containing wastes from any activity other than the collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification Codes set forth in 310 CMR 15.004(5).
[Amended 5-6-2019 ATM, Art. 30]
REDEVELOPMENT
Shall be defined as any proposal that triggers the requirements of § 201-3.4, Site plan review.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this Town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health:
A. 
Cabinet making.
B. 
Electronic circuit assembly.
C. 
Motor and machinery service and assembly.
D. 
Painting, wood preserving and furniture stripping.
E. 
Pesticide and herbicide application.
Whenever an application is made for a building or use permit which the Building Inspector/Zoning Enforcement Officer believes may involve the use of land in the district, he shall determine, by any means at his disposal, whether the parcel identified in the application lies within the Aquifer Protection District.
Uses not requiring a special permit under § 201-19.6 or prohibited under § 201-19.7 are permitted in the Aquifer Protection District, subject to the applicable provisions of this bylaw, other provisions of the Zoning Bylaw applicable to the underlying zoning districts in which said Aquifer Protection District is located and to any other applicable overlay district regulations.
A. 
Schedule of special permit uses. Where otherwise legally permitted by the provisions of this Zoning Bylaw applicable to the underlying districts in which the Aquifer Protection District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this article, the following uses are permitted by special permit granted by the Board of Appeals in accordance with the provisions of Subsections B through E:
(1) 
Any use involving secondary usage or storage of toxic or hazardous materials in quantities greater than normally associated with usual household use.
B. 
For any use for which a special permit is required under the provisions of this bylaw the applicant shall submit, in addition to any other information required to be submitted, the following:
(1) 
A complete list of all chemicals, commercial fertilizers, pesticides, fuel 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.
(2) 
A description of potentially toxic or hazardous materials to be generated, indicating storage and disposal methods.
(3) 
Evidence of approval by the Massachusetts Department of Environmental Protection (MA DEP) of any sanitary wastewater treatment system required to meet current MA DEP effluent discharge standards or capacity exceeding 10,000 gallons per day.
(4) 
Projections of downgradient concentrations of nitrogen and other relevant chemicals at property boundaries and other locations deemed pertinent by the Board of Appeals. Projections shall be based upon appropriate groundwater models and the following information/standards:
(a) 
Nitrogen loading calculations.
[1] 
Wastewater per person: six pounds nitrogen per year.
[2] 
Persons per bedroom: two.
[3] 
Lawn fertilizers: two pounds nitrogen per 1,000 square feet of lawn per year.
[4] 
Road runoff: 0.10 pound nitrogen per curb mile per day.
[5] 
Background nitrogen concentration: actual field measurements.
(b) 
Groundwater flow and impacts to drinking water supply wells.
[1] 
Identify probable impacted water supply well(s) by constructing flow lines downgradient of the proposed site on the 1988 Norwell Water Table Map.
[2] 
Areal recharge rate: 18.5 inches per year for sand and gravel; seven inches per year for till.
[3] 
Hydraulic conductivity: site-specific measurements.
[4] 
Saturated thickness: 1988 Norwell Saturated Thickness Map to be supplemented by site-specific borings.
[5] 
Groundwater gradient: 1988 Norwell Water Table Map to be supplemented with site-specific measurements.
C. 
Referral. Upon receipt of the special permit application, the Board of Appeals shall transmit one copy to the Board of Water Commissioners and any other relevant Town agency, board or department for their written recommendations. The necessary number of copies of the application shall be furnished by the applicant. Failure by an agency to respond in writing within 35 days shall indicate approval or no desire to comment by said agency.
D. 
Considerations. In hearing an application for a special permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors:
(1) 
The simplicity, reliability and feasibility of the proposed measures for containment of toxic or hazardous materials and control of spills;
(2) 
The degree of threat of water quality which would result if the control measures failed; and
(3) 
The recommendations of other Town agencies regarding the application, if any.
E. 
Criteria for approval.
(1) 
Special permits under this section shall be granted only if the Board of Appeals determines that:
(a) 
The intent of this bylaw as well as its specific criteria are met; and
(b) 
Groundwater quality resulting from on-site waste disposal and other on-site operations will not fall below federal or state standards for drinking water at the downgradient property boundary (10 ppm concentration nitrate-nitrogen).
(2) 
The Board of Appeals shall explain any departures from the recommendations of other Town agencies in its decision.
The following uses are specifically prohibited in the Aquifer Protection District:
A. 
Sanitary landfills, landfills receiving only wastewater residuals and/or septic residuals or other disposal of solid waste.
B. 
Motor vehicle salvage operations and junkyards.
C. 
Municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent.
D. 
Car or truck washes.
E. 
Road salt or other de-icing chemical stockpiles.
F. 
Dumping of snow from outside the district.
G. 
Self-service laundries, unless connected to public sewerage.
H. 
Dry-cleaning establishments.
I. 
Airplane, boat and motor vehicle service and repair, including auto body shops.
J. 
Metal plating, finishing or polishing.
K. 
Chemical and bacteriological laboratories.
L. 
Storage and/or sale of petroleum or other refined petroleum products, except within the building it will be used to heat.
M. 
Commercial photographic processing, with discharge to the ground.
N. 
Commercial printing, other than xerographic reproduction.
O. 
The rendering impervious of more than 15% of any lot or 2,500 square feet of any lot, whichever is greater, unless a system of groundwater recharge of precipitation is provided that will not result in degradation of groundwater, and with the determination, as to whether the recharge system is sufficient, to be made by the Planning Board following an administrative review (at a public meeting, but with no public hearing required), and with peer review at the applicant's expense to be provided, as necessary at the discretion of the Planning Board.
[Amended 5-8-2023 ATM by Art. 40]
(1) 
Any such system of groundwater recharge, for vacant land, shall, at a minimum, recharge 85% of any resulting post-development increase in the volume of stormwater, for up to a one-hundred-year storm event.
(2) 
Any such system of groundwater recharge, for land with existing impervious surface conditions of 15% or 2,500 square feet or more, shall recharge 100% of the volume of stormwater, for up to a one-hundred-year storm event, for any increase in impervious surface conditions beyond said 15% or 2,500 square feet of the land, whichever is greater.
(3) 
Under no circumstances shall any land in the Aquifer Protection District be used to create conditions resulting in more than 50% impervious surface coverage of the land.
(4) 
No redevelopment of land, which already exceeds 50% impervious surface coverage, due to lawfully preexisting conditions, shall be allowed if the proposed development would increase the existing impervious surface coverage of the land. Furthermore, no such redevelopment shall be allowed, even if there is no such increase, unless the redevelopment provides a system of recharge that shall control 100% of all existing and proposed roof runoff generated on the land.
(5) 
Pervious pavers shall not be used in the Aquifer Protection District for any portion of land that would be used for either vehicular traffic or parking, but they may be used for other purposes, including sidewalks and terraces and similar uses that are not subject to traffic or spills of gasoline and oil and other contaminants, and, when used for such other purposes, they shall not be considered impervious surfaces.
(6) 
Pre-development and post-development drainage calculations shall be provided and undergo peer engineering review, at the applicant's expense, before any relief is granted hereunder.
P. 
Hotel or motel, unless connected to public sewerage.
Q. 
Any commercial/industrial facility or use which involves as a principal or secondary activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials, wastes or animal manure except as allowed by special permit in § 201-19.6.
R. 
Non-sanitary treatment or disposal works that are subject to 314 CMR 4.00 and 5.00 except the following:
(1) 
The replacement or repair of an existing system that will not result in a design capacity greater than the design capacity of the existing system; and
(2) 
Treatment works approved by the MA DEP designed for the treatment of contaminated groundwater.
S. 
The removal of soil, loam, sand and gravel within four feet of the historic high groundwater elevation, with the following exceptions: removal of soil for road excavations, building foundations and utility works.
The following design and operation guidelines shall be observed within the Aquifer Protection District:
A. 
Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. Storage of toxic or hazardous materials must meet the requirements of 310 CMR 22.21(2)(b)5. For operations which allow the evaporation of toxic or hazardous materials into the interior of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.
B. 
Location. Where the premises are partially outside of the Aquifer Protection District, potential pollution sources such as on-site waste disposal systems shall be located outside the district to the extent feasible.
C. 
For any toxic or hazardous materials to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.
D. 
Drainage. All runoff from impervious surfaces shall be recharged on the site and recharge from pervious surfaces to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. If dry wells are utilized, the property owner shall be required to have oil, grease and sediment traps cleaned annually and to provide the Building Inspector/Zoning Enforcement Officer, on an annual basis, with proof of such cleaning.
Written notice of any violation of this bylaw shall be provided by the Building Inspector/Zoning Enforcement Officer to the owner of the premises, specifying the nature of the violations 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.