[Amended 6-17-2021 ATM by Art. 30]
A. General Zone. There shall exist a General Zone within the Watershed
Protection District which shall consist of all land located beyond
325 feet horizontally from the annual mean high water mark of Lake
Cochichewick and all wetland resource areas (as defined in MGL c.
131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created on
or prior to October 24, 1994, and 400 feet horizontally from the annual
mean high water mark of Lake Cochichewick and all wetland resource
areas (as defined in MGL c. 131, § 40, and the Town Wetlands
Bylaw) located within the watershed for lots created after October
24, 1994.
(1)
Allowed uses. The following uses shall be allowed in the General
Zone of the Watershed Protection District as itemized below:
(a)
All permitted uses allowed in §
195-4.2, setting forth permitted uses in Residence 1, 2, and 3 Districts, of the Zoning Bylaw.
(b)
All uses associated with municipal water supply/treatment and
public sewer provided by the Town of North Andover.
(c)
The Division of Public Works may conduct routine maintenance
of any existing use of property, including the maintenance and improvements
of existing Roadways and drainage systems.
(d)
Maintenance of fire access lanes by the Fire Department.
(e)
All agricultural uses, providing that such uses exercise best
management practices and are undertaken in such a manner as to prevent
erosion and siltation of adjacent water bodies and wetlands.
(2)
Uses allowed by special permit. The following uses may be allowed in the General Zone of the Watershed Protection District by the granting of a special permit issued pursuant of §
195-4.20 of this Article 4, Part
5:
(a)
Golf courses, public or private, with best management practices.
(b)
Any other uses not provided for elsewhere in this section.
(c)
A commercial kitchen on public sewer.
(3)
Prohibited uses. The following uses are specifically prohibited
within the General Zone of the Watershed Protection District:
(a)
Any solid waste facility as defined by MGL c. 111, § 150A.
(b)
Municipal sewage treatment facility, not including sewer lines,
pump stations and other accessory sewer system equipment used to transport
sewage to a treatment facility located outside of the district.
(c)
Privately owned wastewater treatment plants.
(d)
Road salt or other deicing stockpiles.
(e)
Underground tanks or collection pits for storage of fuel or
hazardous materials, including any tanks or collection pits partially
below mean ground elevation, but excluding any tanks located completely
within a building otherwise permitted under this section.
(f)
Dumping of snow from outside the district.
(g)
Motor vehicle salvage operations and junkyards.
(i)
Self-service laundries, unless connected to public sewer.
(j)
Airplane, boat, or motor vehicle service and repair establishments
(including auto body shops).
(k)
Metal plating, finishing or polishing.
(l)
Chemical and bacteriological laboratories.
(m)
Electronic circuit assembly.
(n)
Hotels or motels, unless connected to public sewer.
(o)
Painting, wood preserving and furniture stripping establishments.
(p)
Photographic processing establishments.
(r)
Dry-cleaning establishments.
(s)
Storage of herbicides, pesticides or fertilizers, other than
in amounts normally associated with household or existing agricultural
use.
(t)
Commercial cabinet or furniture making.
(u)
Commercial storage or sale of petroleum or other refined petroleum.
(v)
Commercial manufacture, storage, use, transportation or disposal
of any substance 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 onto land or waters of this Town, including but not limited
to organic chemicals, petroleum products, heavy metals, radioactive
or infectious waste, acids, and alkalis, and all substances defined
as toxic or hazardous under MGL Chapter 21C and Chapter 21E and the
regulations promulgated there under, and also including pesticides,
herbicides, solvents and thinners.
(w)
Restaurants unless connected to public sewer.
(x)
Commercial kitchens unless connected to public sewer.
(4)
Building requirements. All construction in the Watershed Protection
District shall comply with best management practices for erosion,
siltation, and stormwater control in order to preserve the purity
of the groundwater and the lake; to maintain the groundwater table;
and to maintain the filtration and purification functions of the land.
B. Non-Discharge Buffer Zone. There shall exist a Non-Discharge Buffer
Zone within the Watershed Protection District, which shall consist
of all land areas located between 250 feet and 325 feet horizontally
from the annual mean high water mark of Lake Cochichewick and between
100 feet and 325 feet horizontally from the edge of all wetland resource
areas (as defined in MGL c. 131, § 40, and the Town Wetlands
Bylaw) located within the watershed for lots created on or prior
to October 24, 1994, and for all land located between 250 feet and
400 feet horizontally from the annual mean high water mark of Lake
Cochichewick and between 150 feet and 400 feet from all wetland resource
areas (as defined in MGL c. 131, § 40, and the Town Wetlands
Bylaw) located within the watershed for all lots created after October
24, 1994.
(1)
Allowed uses. All of the Allowed Uses listed in §
195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below.
(2)
Uses allowed by special permit. The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting of a special permit issued pursuant of §
195-4.20 of this Watershed Protection District Bylaw:
(a)
Any surface or subsurface discharge, including, but not limited
to, stormwater runoff; drainage or any roadway that is maintained
by the Division of Public Works or any private association; outlets
of all drainage swales; outlets of all detention ponds. All stormwater
management systems shall employ best management practices.
(3)
Prohibited uses. The following uses are specifically prohibited
within the Non-Discharge Buffer Zone:
(a)
All of the prohibited use listed in §
195-4.19A(3) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone.
(b)
The use of, or method of application of, any lawn care or garden
product (fertilizer, pesticide, herbicide) that may contribute to
the degradation of the public water supply.
(c)
The use of lawn care or garden products that are not organic
or slow-release nitrogen.
(4)
Building requirements. All construction in the Watershed Protection
District shall comply with the best management practices for erosion,
siltation, and stormwater control in order to preserve the purity
of the groundwater and the lake; to maintain the groundwater table;
and to maintain the filtration and purification functions of the land.
C. Non-Disturbance Buffer Zone. There shall exist a Non-Disturbance
Buffer Zone within the Watershed Protection District, which shall
consist of all land areas located within 250 feet horizontally from
the annual mean high water mark of Lake Cochichewick, and within 100
feet horizontally from the edge of all wetland resource areas (as
defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created on
or prior to October 24, 1994, and for all land located between 150
feet and 250 feet horizontally from the annual mean high water mark
of Lake Cochichewick and between 75 feet and 150 feet from all wetland
resource areas (as defined in MGL c. 131, § 40, and the
Town Wetlands Bylaw) located within the watershed for all lots created
after October 24, 1994.
(1)
Allowed uses. All of the allowed uses listed in §
195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted.
(2)
Uses allowed by special permit. The following uses shall be allowed within the Non-Disturbance Buffer Zone only by special permit issued pursuant to§
195-4.20 of this Watershed Protection District Bylaw:
(a)
Any activities which cause a change in topography or grade.
(b)
Vegetation removal or cutting, other than in connection with
agricultural uses or maintenance of a landscape area.
(c)
Construction of a new permanent structure only after a variance
has been granted by the Zoning Board of Appeals.
(d)
Replacement of any permanent structure.
(e)
Any surface or subsurface discharge, including, but not limited
to, stormwater runoff; drainage of any roadway that is maintained
by the Division of Public Works or any private association; outlets
of all drainage swales; outlets of all detention ponds.
(f)
Construction of any accessory structure or expansion of any
existing structure by less than 25% of the gross floor area if the
existing structure exceeds 2,500 square feet.
(g)
Construction of any accessory structure or expansion of any
existing structure by less than 50% of the gross floor area if the
existing primary structure is less than 2,500 square feet and the
primary structure will be connected to municipal sewer upon completion
of the project.
(3)
Prohibited uses. The following uses are specifically prohibited
within the Non-Disturbance Buffer Zone:
(a)
All of the prohibited uses listed in §
195-4.19B(3) of this Watershed Protection District Bylaw are prohibited in the Non-Disturbance Zone.
(b)
Construction of any septic system.
(c)
Construction of any new permanent structure, or expansion of an existing structure except as allowed by special permit per §
195-4.19C(2).
(d)
The use of, or method of application of, any lawn care or garden
product (fertilizer, pesticide, herbicide) that may contribute to
the degradation of the public water supply.
(e)
The use of lawn care or garden products that are not organic
or slow-release nitrogen.
(4)
Building requirements. All construction in the Watershed Protection
District shall comply with best management practices for erosion,
siltation, and stormwater control in order to preserve the purity
of the groundwater and the lake; to maintain the groundwater table;
and to maintain the filtration and purification functions of the land.
D. Conservation Zone. There shall exist a Conservation Zone within the
Watershed Protection District, which shall consist of all land areas
located within 150 feet horizontally from the annual mean high water
mark of Lake Cochichewick, and within 75 feet horizontally from the
edge of all wetland resource areas (as defined in MGL c. 131, § 40,
and the Town Wetlands Bylaw) located within the watershed for all lots created after
October 24, 1994.
(1)
Allowed uses. The following uses shall be allowed in the Conservation
Zone of the Watershed Protection District except as noted below:
(a)
All uses associated with municipal water supply/treatment and
public sewer provided by the Town of North Andover.
(b)
The Division of Public Works may conduct routine maintenance
of any existing use of property, including the maintenance and improvement
of existing roadways and drainage systems.
(c)
Maintenance of fire access lanes by the Fire Department.
(2)
Uses allowed by special permit. No special permits will be granted
in the Conservation Zone.
(3)
Prohibited uses.
(a)
The following uses are specifically prohibited within the Conservation
Zone:
[1] All of the prohibited uses listed in §
195-4.19C(3) of this Watershed Protection District Bylaw are prohibited in the Conservation Zone.
[2] Any activities which cause a change in topography
or grade.
[3] Vegetation removal or cutting, other than in connection
with existing agricultural uses or maintenance of an existing landscape
area.
[4] Construction or placement of any new permanent
structures.
[5] Any surface or subsurface drainage, including,
but not limited to, stormwater runoff.
[6] Animal feedlots or the storage of manure.
[7] Construction of any septic system.
[8] Construction of any accessory structure or expansion
of any existing structure by 25% or more of the gross floor area of
the existing structure.
[9] The use of, or method of application of, any lawn
care or garden product (fertilizer, pesticide, herbicide) that may
contribute to the degradation of the public water supply.
[10] The use of lawn care or garden products that are
not organic or slow-release nitrogen.
(b)
The above prohibitions shall not apply to any activities undertaken
by the Division of Public Works within its authority or to work completed
in conjunction with the construction of the municipal sewer system.
Written notice of any violation of this bylaw shall be provided
by the SPGA agent to the owner of the premises, specifying the nature
of the violation. The agent of the SPGA shall request of the violator
a schedule of compliance, including cleanup of spilled materials.
Such schedule shall allow for the immediate corrective action to take
place. 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 a longer term of compliance. Said schedule
of compliance shall be submitted to the SPGA for approval subsequent
to the violation. Said agent of the SPGA shall notify the Building
Inspector of any violations of the schedule of compliance or of any
failure to satisfy the requirements of this section.
If any portion, sentence, clause or phase of this regulation
shall be held invalid for any reason, the remainder of this bylaw
shall continue in full force.