[Amended 5-8-2006 ATM,
Art. 14]
The Aquifer Protection District shall include all land designated
as such and shown and delineated on a map entitled "Watershed/Aquifer
Protection District, Town of Norwell, 2006." 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.
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.
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]
Shall be defined as any proposal that triggers the requirements of § 201-3.4, Site plan review.
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:
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.
(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:
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.
