[Amended 5-24-2021 ATM by Art. 10]
A.
Purpose and intent. The purposes of the Floodplain Overlay District
are to:
(1)
Ensure public safety through reducing the threats to life and personal
injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water
quality contamination and pollution due to flooding;
(4)
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding;
(5)
Eliminate costs associated with the response and cleanup of flooding
conditions;
(6)
Reduce damage to public and private property resulting from flooding
waters.
B.
BASE FLOOD (BFE)
DEVELOPMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
(a)
(b)
LOWEST FLOOR
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
(1)
(2)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONE A
ZONE A1-30 and ZONE AE
ZONE A99
ZONE AH
ZONE AO
ZONE V
ZONE V1-30 and ZONE VE (for new and revised maps)
ZONES B, C, AND X
Definitions. These definitions are unique to this section.
The elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD) or other datum specified on the Flood Insurance Rate
Map (FIRM).
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
The governmental agency that administers the National Flood
Insurance Program and provides a nationwide flood hazard area mapping
study program for communities as well as regulatory standards for
development in the flood hazard areas.
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
[US Code of Federal Regulations, Title 44, Part 59]
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related hazards.
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [780 CMR Base Code, Chapter 2, Section
202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59]; also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
By an approved state program as determined by the Secretary
of the Interior; or
Directly by the Secretary of the Interior in states without
approved programs.
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[US Code of Federal Regulations, Title 44, Part
59]
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The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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[US Code of Federal Regulations, Title 44, Part 59]
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See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [780 CMR Base Code, Chapter 2,
Section 202]
The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement is within 180 days after the date of issuance. The actual
start of construction means the first placement of permanent construction
of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction
of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading or filling), the installation of
streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
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[780 CMR Base Code, Chapter 2, Section 202]
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(For floodplain management purposes) a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. [US Code of Federal
Regulations, Title 44, Part 59]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. [US Code of Federal Regulations, Title 44, Part 59]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures that have incurred substantial damage,
regardless of the cause of damage and regardless of the cost of repair
work actually performed. However, the term does not include:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official,
and that are the minimum necessary to ensure safe living conditions;
or
Any alteration of an historic structure, provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
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[US Code of Federal Regulations, Title 44, Part 59]
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When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR the Massachusetts State Building
Code, as amended.
A grant of relief by a community from the terms of a floodplain
management regulation. [US Code of Federal Regulations, Title 44,
Part 59]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
An area of special flood hazard without water surface elevations
determined.
Area of special flood hazard with water surface elevations
determined.
Area of special flood hazard where enough progress has been
made on a protective system, such as dikes, dams, and levees, to consider
it complete for insurance rating purposes. (Flood elevations may not
be determined.)
Areas of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet, and with
water surface elevations determined.
Area of special flood hazards having shallow water depths
and/or unpredictable flow paths between one and three feet. (Velocity
flow may be evident; such flooding is characterized by ponding or
sheet flow.)
Area of special flood hazards without water surface elevations
determined, and with velocity, that is inundated by tidal floods (coastal
high hazard area).
Area of special flood hazards, with water surface elevations
determined and with velocity, that is inundated by tidal floods (coastal
high hazard area).
Areas of minimal or moderate flood hazards or areas of future-conditions
flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
C.
Abrogation and greater restriction. The floodplain management regulations
found in this Floodplain Overlay District section shall take precedence
over any less restrictive conflicting local laws, ordinances or codes.
D.
Disclaimer of liability. The degree of flood protection required
by this bylaw is considered reasonable but does not imply total flood
protection.
E.
Severability. If any section, provision or portion of this bylaw
is deemed to be unconstitutional or invalid by a court, the remainder
of the ordinance shall be effective.
F.
Designation of community floodplain administrator. The Town of Groveland
hereby designates the position of Building Commissioner/Inspector
of Buildings to be the official floodplain administrator for the Town.
G.
H.
Permit required. The Town of Groveland requires a special permit
from the Planning Board for all proposed construction or other development
in the Floodplain Overlay District, including new construction or
changes to existing buildings, placement of manufactured homes, placement
of agricultural facilities, fences, sheds, storage facilities or drilling,
mining, paving and any other development that might increase flooding
or adversely impact flood risks to other properties. The proponent
must acquire all necessary local, state and federal permits necessary
to carry out the proposed development in the Floodplain Overlay District.
A list of permits, required and obtained, shall be submitted to the
Planning Board and floodplain administrator.
I.
Application procedure. See § 50-14.6 of the Zoning Bylaw and Planning Board regulations for special permits for filing and other requirements. When feasible, the Planning Board and Conservation Commission may schedule a joint public hearing for applications submitted.
J.
Floodplain Overlay District boundaries. The Floodplain Overlay District
is herein established as an overlay district. The Floodplain Overlay
District includes all special flood hazard areas designated on Groveland's
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program, dated July 3, 2012, and on the Flood Boundary and Floodway
Map dated July 3, 2012. These maps indicate the one-percent-chance
regulatory floodplain. The exact boundaries of the Floodplain Overlay
District shall be defined by the one-percent-chance base flood elevations
shown on the FIRM and further defined by the Flood Insurance Study
(FIS) report dated (July 3, 2012). The effective FIRM, FBFM, and FIS
report are incorporated herein by reference and are on file with the
Town Clerk, and the Building Official. The map panels of the Essex
County FIRM that are wholly or partially within the Town of Groveland
are panel numbers 25009C0092F, 25009C0093F, 25009C0094F, 25009C0113F,
25009C0114F, 25009C0231F, 25009C0232F, 25009C0233F and 25009C0251F,
dated July 3, 2012.
K.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Inspectional Services Department will obtain, review
and reasonably utilize base flood elevation and floodway data available
from a federal, state, or other source as criteria for requiring new
construction, substantial improvements, or other development in Zone
A as the basis for elevating residential structures to or above base
flood level, for floodproofing or elevating nonresidential structures
to or above base flood level, and for prohibiting encroachments in
floodways.
L.
Floodway encroachment.
(1)
In Zones A, A1-30, and AE, along watercourses that have not had a
regulatory floodway designated, the best available federal, state,
local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Town's most recent FIRM or Flood Boundary
and Floodway Map, encroachments are prohibited in the regulatory floodway
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
M.
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevation in the FEMA mapped special flood
hazard areas, the Town will, within six months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s). Notification shall be submitted to:
N.
Notification of watercourse alteration. In a riverine situation,
the Building Inspector shall notify the following of any alteration
or relocation of a watercourse:
(1)
Adjacent communities.
(2)
Bordering states, if affected.
(3)
Massachusetts NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor
Boston, MA 02114-2104
(4)
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
O.
AO and AH Zones drainage requirements. Within Zones AO and AH on
the FIRM, adequate drainage paths must be provided around structures
on slopes, to guide floodwaters around and away from proposed structures.
P.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones,
all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
Q.
Use regulations. All development in the Floodplain Overlay District,
including structural and non-structural activities must be in compliance
with MGL c. 131, § 40, and with the following:
(1)
780 CMR the Massachusetts State Building Code;
(2)
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
(3)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
R.
Permitted uses. All uses normally allowed in the underlying zone(s),
provided that they comply with this bylaw, the Massachusetts State
Building Code and the requirements of the NFIP, shall be permitted
if the requirements of this bylaw are met.
S.
Variances to building code floodplain data. The Town will request
from the State Building Code Appeals Board a written and/or audible
copy of the portion of the hearing related to the variance, and will
maintain this record in the community's files. The Town shall also
issue a letter to the property owner regarding potential impacts to
the annual premiums for the flood insurance policy covering that property,
in writing over the signature of a community official that:
(1)
The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25 for $100 of insurance coverage; and
(2)
Such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record
of all variance actions for the referenced development in the Floodplain
Overlay District.
T.
Variances to local Zoning Bylaws related to community compliance
with the National Flood Insurance Program (NFIP). A variance from
these floodplain bylaws must meet the requirements set out by state
law, and may only be granted if:
U.
Planning Board findings. The Planning Board shall make the following
findings relative to special permit approval in the floodplain:
(1)
Such proposals shall not increase potential damage caused by flood;
(2)
All public utilities and facilities shall be located and constructed
to minimize or eliminate flood damage;
(3)
Adequate drainage shall be provided to reduce exposure to flood hazards;
(4)
There is no volumetric loss of flood storage within the designated
floodplain resulting in an increase in the BFE within the affected
floodplain.
A.
Purpose. The purposes of this Aquifer Protection District are to
promote the health, safety, and general welfare of the community by
ensuring an adequate quality and quantity of drinking water for the
residents, institutions, and businesses of the Town; to preserve and
protect existing and potential sources of drinking water supplies
of the Town and surrounding communities; to conserve the natural resources
of the Town; and to prevent temporary and permanent contamination
of the environment. The special permit granting authority (SPGA) under
this bylaw shall be the Planning Board.
B.
Scope of authority. The Aquifer Protection District is an overlay
district superimposed on the zoning districts. This overlay district
shall apply to all new construction, reconstruction, or expansion
of existing buildings and new or expanded uses. Applicable activities
or uses in a portion of one of the underlying zoning districts which
fall within the Aquifer Protection District must additionally comply
with the requirements of this district. Uses prohibited in the underlying
zoning districts shall not be permitted in the Aquifer Protection
District. Where a conflict exists between the regulations of the underlying
and overlay district, the regulations with the most restrictive provisions
shall apply.
C.
AQUIFER
AQUIFER PROTECTION DISTRICT
DEP
IMPERVIOUS SURFACE
MINING
POTENTIAL DRINKING WATER SOURCES
RECHARGE AREAS
TOXIC OR HAZARDOUS MATERIAL
ZONE I
ZONE II
ZONE III
Definitions. For the purposes of this section, the following terms
are defined below:
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
The zoning district defined to overlay other zoning districts
in the Town of Groveland. The Aquifer Protection District includes
specifically designated recharge areas.
Department of Environmental Protection or present state regulatory
agency.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
Areas which could provide significant potable water in the
future.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas include areas designated as Zone I,
Zone II, or Zone III.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water in the Town of Groveland.
Toxic or hazardous materials include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
toxic or hazardous under MGL c. 21C and c. 21E and 310 CMR 30.00,
and also include such products as solvents and thinners in quantities
greater than normal household use.
The 400-foot protective radius around a public water system
well or well field which must be owned by the water supplier or controlled
through a conservation restriction.
The area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can be
realistically anticipated (180 days of pumping at safe yield with
no recharge from precipitation), as defined in 310 CMR 22.00.
The land area beyond the area of Zone II from which surface
water and groundwater drain into Zone II, as defined in 310 CMR 22.00.
D.
Establishment and delineation of Aquifer Protection District. For
the purposes of this district, there are hereby established within
the Town certain groundwater protection areas, consisting of aquifers
or recharge areas designated as Zones I, II and III, which are delineated
on a map. This map is at a scale of one inch to 1,000 feet and is
entitled "Town of Groveland, Aquifer Protection District," dated October
2, 1997, revised January 27, 1999. This map is hereby made a part
of the Town zoning bylaw and the Town Zoning Map and is on file in
the office of the Town Clerk.
E.
District boundary disputes. If the location of the district boundary
in relation to a particular parcel is in doubt, resolution of boundary
disputes shall be through a special permit application to the special
permit granting authority (SPGA). Any application for a special permit
for this purpose shall be accompanied by adequate documentation. The
district boundary is defined by hydrogeologic research, testing and
field analysis; therefore, a professional engineer, hydrologist, geologist
or soil scientist may define or redefine the recharge boundary; however,
the Zone II district boundary and methodology must be approved by
DEP. The determination of the location and extent of Zone II shall
be in conformance with the criteria set forth in 310 CMR 22.00 and
in the DEP's Guidelines and Policies for Public Water Systems. The
burden of proof shall be upon the owner(s) of the land to show where
the bounds should be located. At the request of the owner(s), the
Town may engage a professional engineer, registered land surveyor,
hydrologist, geologist, or soil scientist to determine more accurately
the boundaries of the district with respect to individual parcels
of land, and may charge the owner(s) for the cost of the investigation.
F.
Permitted uses.
(1)
Uses in Zone I. Only uses related to the operation and maintenance
of the public water supply are permitted in the Zone I defined in
310 CMR 22.00. All other uses are prohibited.
(2)
Uses in Zones II and III. The following uses are permitted within
Zones II and III of the Aquifer Protection District, provided that
all necessary permits, orders, or approvals required by local, state,
or federal law are also obtained:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths, and bridges;
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices;
(h)
Construction, maintenance, repair, and enlargement of drinking
water supply related facilities such as, but not limited to, wells,
pipelines, aqueducts, and tunnels;
(i)
Underground storage tanks related to these activities are not
categorically permitted.
G.
Prohibited uses.
(1)
The following uses are prohibited within all zones of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Landfills and open dumps as defined in 310 CMR 19.006;
(b)
Automobile graveyards and junkyards, as defined in MGL c. 140B,
§ 1;
(c)
Landfills receiving only wastewater and/or septage residuals,
including those approved by the DEP pursuant to MGL c. 21, §§ 26
through 53; MGL c. 111, § 17; MGL c. 83, §§ 6
and 7, and regulations promulgated thereunder;
(d)
Petroleum, fuel oils, and heating oil bulk stations and terminals,
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5171 and 5983. SIC Codes are established
by the U.S. Office of Management and Budget and may be determined
by referring to the publication, Standard Industrial Classification
Manual, and other subsequent amendments;
(e)
Storage of liquid hazardous materials, as defined in MGL c.
21E, and liquid petroleum products, unless such storage is:
[1]
Above ground or floor level; and
[2]
On an impervious surface; and
[3]
Either in container(s) or above-ground container(s) within a
building or outdoors in covered container(s) or above-ground tank(s)
in an area that has a covered containment system designed to hold
either 10% of the total possible storage capacity of all containers,
or 110% of the largest container's storage capacity, whichever is
greater.
(f)
Storage of deicing chemicals unless such storage, including
loading areas, is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate;
(g)
Earth removal, consisting of the removal of soil, loam, sand,
gravel, or any other earth material (including mining activities),
except for excavations for building foundations, roads, or utility
works, where substances removed are redeposited within 45 days of
removal on site to achieve a final grade not less than six feet above
the historical high water table.
(h)
Discharge via floor drain(s), with or without pretreatment (such
as an oil/water separator), to the ground, a leaching structure, or
septic system, in any industrial or commercial facility if such floor
drain is located in either:
(i)
Discharge to the ground of non-sanitary wastewater, including
industrial and commercial process wastewater, except:
[1]
The replacement or repair of an existing treatment works that
will not result in a design capacity greater than the design capacity
of the existing treatment works;
[2]
Treatment works approved by the DEP designed for the treatment
of contaminated ground or surface water and operating in compliance
with 314 CMR 5.05(3) or 5.05(13);
[3]
Publicly owned treatment works.
(j)
Storage of commercial fertilizers, as defined in MGL c. 128,
§ 64, unless such storage is within a structure designed
to prevent the generation and escape of contaminated runoff or leachate.
(2)
The following uses are prohibited within Zones I and II of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Facilities that generate, treat, store, or dispose of hazardous
waste that are subject to MGL c. 21C and 310 CMR 30.00, except for
the following:
[1]
Very small quantity generators as defined under 310 CMR 30.000;
[2]
Household hazardous waste centers and events under 310 CMR 30.390;
[3]
Waste oil retention facilities required by MGL c. 21, § 52A;
[4]
Water remediation treatment works approved by DEP for the treatment
of contaminated ground or surface waters;
(b)
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
(c)
Storage of animal manure unless covered or contained in accordance
with the specifications of the Natural Resources Conservation Service;
(d)
Stockpiling and disposal of snow and ice containing deicing
chemicals if brought in from outside the district.
(3)
The following uses are prohibited in Zones II and III of the Aquifer Protection District. The following list is not exhaustive and shall be read in conjunction with Subsection F above and Subsection H below, such that if the use is not permitted by Subsection F or H it shall be deemed prohibited:
(a)
Storage tanks or associated pipe systems for hazardous materials,
including fuel oils for domestic use in direct contact with the ground.
H.
Uses and activities requiring a special permit. The following uses
and activities are permitted in Zones I, II and III only upon the
issuance of a special permit by the SPGA under such conditions as
they may reasonably require:
(1)
Enlargement or alteration of existing uses that do not conform to
the requirements and restrictions of the Aquifer Protection District.
(2)
Those activities that involve the handling of pesticides, herbicides, fertilizers, fuels and potentially toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning district (except as prohibited under Subsection G).
(3)
Any use that will render impervious more than 15% or 2,500 square
feet of any lot, whichever is greater. A system for groundwater recharge
must be provided which does not degrade groundwater quality, For nonresidential
uses, recharge shall be by stormwater infiltration basins or similar
system covered with natural vegetation, and dry wells shall be used
only where other methods are infeasible. For all nonresidential uses,
all such basins and wells shall be preceded by oil, grease, and sediment
traps to facilitate removal of contamination. Any and all recharge
areas shall be permanently maintained in full working order by the
owner.
(4)
Any activity that involves the withdrawal of water from the Aquifer
Protection Zones I and II for uses other than a public water supply
source, including but not limited to irrigation, livestock, recreation
pool filling, water slides, residential and commercial uses. Such
activities may also be controlled under the DEP Water Management Act.
I.
Procedures for issuance of special permit.
(1)
Such special permit shall be granted if the SPGA determines, in conjunction
with the Board of Selectmen, Planning Board, Board of Health, Conservation
Commission, Town Engineer/Consultant, Department of Public Works,
and Water Department, that the intent of this bylaw, as well as its
specific criteria, are met. The SPGA shall not grant a special permit
under this section unless the petitioner's application materials include,
in the SPGA's opinion, sufficiently detailed, definite, and credible
information to support positive findings in relation to the standards
given in this section. The SPGA shall document the basis for any departures
from the recommendations of the other Town boards or agencies in its
decision.
(2)
Upon receipt of the special permit application, the SPGA shall transmit
one copy to the Board of Selectmen, Planning Board, Board of Health,
Conservation Commission, Town Engineer/Consultant, Department of Public
Works, and Water Department for their written recommendations. Failure
to respond in writing within 35 days of receipt by the Board shall
indicate approval or no desire to comment by said agency. The necessary
number of copies of the application shall be furnished by the applicant.
(3)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection H of this section, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect
the existing or potential quality or quantity of water that is available
in the Aquifer Protection District; and
(b)
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water-related natural characteristics
of the site to be developed.
(4)
The SPGA may adopt regulations to govern design features of projects.
Such regulations shall be consistent with subdivision regulations
adopted by the municipality.
(5)
The applicant shall file eight copies of a site plan and attachments.
The site plan shall be drawn at a proper scale as determined by the
SPGA and be stamped by a professional engineer. All additional submittals
shall be prepared by qualified professionals. The site plan and its
attachments shall at a minimum include the following information where
pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use;
(b)
For those activities using or storing such hazardous materials,
a Hazardous Materials Management Plan shall be prepared and filed
with the Hazardous Materials Coordinator, Fire Chief, and Board of
Health. The plan shall include:
[1]
Provisions to protect against the discharge of hazardous materials
or wastes to the environment due to spillage, accidental damage, corrosion,
leakage, or vandalism, including spill containment and clean-up procedures;
[2]
Provisions for indoor, secured storage of hazardous materials
and wastes with impervious floor surfaces; and
[3]
Evidence of compliance with the regulations of the Massachusetts
Hazardous Waste Management Act, 310 CMR 30, including obtaining an
EPA identification number from the Massachusetts Department of Environmental
Protection.
(c)
Proposed down-gradient location(s) for groundwater monitoring
well(s), should the SPGA deem the activity a potential groundwater
threat.
(6)
The SPGA shall hold a hearing, in conformity with the provision of
MGL c. 40A, § 9, within 65 days after the filing of the
application and after the review by the Town boards, departments,
and commissions. Notice of the public hearing shall be given by publication,
posting and by first-class mailings to "parties of interest" as defined
in MGL c. 40A, § 11. The decision of the SPGA and any extension,
modification, or renewal shall be filed with the SPGA and Town Clerk
within 90 days following the closing of the public hearing. Failure
of the SPGA to act within 90 days shall be deemed as a granting of
the permit. However, no work shall commence until a certification
is recorded as required by § 11.
J.
Enforcement.
(1)
The provisions of this bylaw shall be enforceable by the appropriate
police powers of the Town, subject to any legal recourse available
to an affected party.
(2)
Enforcement procedures shall be initiated by filing a written notice
of the alleged violation with the Water Department and the Building
Inspector. Written notice of any violations of this bylaw shall be
given by the Building Inspector to the responsible person as soon
as possible after detection of a violation or a continuing violation.
Notice to the assessed owner of the property shall be deemed notice
to the responsible person. Such notice shall specify the requirement
or restriction violated, the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance. Copies of such notice shall be submitted
to the Building Inspector, Zoning Board of Appeals, Board of Selectmen,
Planning Board, Board of Health, Conservation Commission, Town Engineer/Consultant,
Department of Public Works, and Water Department. The cost of containment,
clean-up, or other action of compliance shall be borne by the owner
and operator of the premises.
(3)
Upon receiving written notice of a violation, the owner/operator
of the property shall cease any activity that constitutes a violation.
Within 30 days of receiving notice, the owner/operator shall submit
plans and a time table to remove or remedy the violation with measures
to be taken to prevent future violation.
K.
Severability. A determination that any portion or provision of this
overlay protection district is invalid shall not invalidate any other
portion or provision thereof, nor shall it invalidate any special
permit previously issued thereunder.
A.
Purpose. The purpose of this wireless communications facilities bylaw
is to 1) minimize the visual and environmental impacts of personal
wireless communications facilities (hereinafter "WCF"); 2) minimize
the overall number and height of such facilities to only what is essential;
3) promote shared use of existing facilities to reduce the need for
new ones; 4) and encourage the most appropriate use of the land and
to guide sound development while promoting the health, safety and
general welfare of the Town. The special permit granting authority
is the Zoning Board of Appeals.
B.
Establishment. There is hereby created a Wireless Communication Overlay District consisting of all industrial land as shown on the Official Zoning Map for the Town dated June 20, 2002 and the following parcels located in the R-2 Residential District as shown on the Official Zoning Map for the Town and on Assessors' Map #6, Lot 1, Lot 1C (Municipal Complex site), Map 11, Lot 112 (5.6 acres of land located to the rear of Groveland Street adjacent to Town water tank) and Map 17, Lot 69 (one-acre site located to the rear of Groveland Street and the present location of the Town's water tank). Within the overlay district all of the underlying zoning requirements continue to apply, with the exception of the maximum height allowance, which is established in Subsection C below. The following additional uses shall be allowed:
(1)
Indoor WCFs, allowed as-of-right anywhere in the Town subject to
the dimensional requirements, performance and design standards of
this subsection. Indoor WCFs shall be fully enclosed within a building
or structure. No part of an indoor WCF may be visible from the exterior
of the building or structure;
(2)
Building-mounted and modifications to existing freestanding WCFs
allowed anywhere in the Town subject to site plan review from the
Planning Board and the dimensional requirements, performance and design
standards of this subsection, subject to the provisions of Section
6409 of the Federal Middle Class Tax Relief and Job Creation Act of
2012 and implementing regulations;
(3)
New freestanding WCFs, allowed only in the Wireless Communication
Overlay District subject to a special permit from the Zoning Board
of Appeals and site plan review from the Planning Board and subject
to the dimensional requirements, performance and design standards
of this subsection.
C.
Dimensional requirements for WCFs.
(1)
Freestanding WCFs shall:
(a)
Not exceed 120 feet in height, measured from the ground to the
highest point of the tower or its projections;
(b)
Be set back from the property lines of the lot on which they
are located by at least 100 feet measured from the center of the structure
of the WCF base;
(c)
Be located a minimum of 300 feet from the nearest residential
building within a residentially zoned district; and
(d)
Be separated from each other by a minimum of two miles, provided
that the Zoning Board of Appeals may waive this separation to a lesser
distance if the applicant can demonstrate that the two-mile requirement
will have the effect of prohibiting service from a significant portion
of the community.
(3)
Based on a clear display that additional height of the tower or reduced
setbacks of the tower from buildings or property lines will not adversely
affect any purpose of this bylaw and will in fact help to promote
the objectives set forth herein, particularly as it relates to co-location,
the Zoning Board of Appeals may, by special permit, allow the height
of the tower to be increased, or the required setbacks or separation
reduced, up to a maximum of 25%.
D.
Performance standards/general requirements. The following performance
standards and general requirements shall apply to all WCFs:
(1)
Compliance with federal and state regulations. All WCFs shall be
erected, installed, maintained and used in compliance with all applicable
federal and state laws, rules and regulations, including radio frequency
emission regulations as set forth in Section 704 of the 1996 Federal
Telecommunications Acts.
(2)
Co-location of WCFs. WCFs shall be designed to accommodate the maximum
number of users technologically practical. Shared use of freestanding,
building-mounted, or indoor WCFs by commercial carriers is required
unless such shared use is shown to be not technologically practical.
The intent of this requirement is to reduce the number of separate
facilities which will require location within the community.
(a)
All owners and operators of land used in whole or in part for
a WCF and all owners and operators of such WCF shall, as a continuing
condition of installing, constructing, erecting and using a WCF, permit
other public utilities or FCC-licensed commercial entities seeking
to operate a WCF to install, erect, mount and use compatible WCF equipment
and fixtures on the equipment mounting structure on reasonable commercial
terms; provided, however, that such co-location does not materially
interfere with the transmission and/or reception of communication
signals to or from the existing WCF, and provided that there are no
structural or other physical limitations that make it impractical
to accommodate the proposed additional WCF or fixtures.
(3)
Removal of abandoned WCF. Any WCF that is not operational for a continuous
period of 12 months shall be considered abandoned, and the WCF shall
be removed by the owner of the WCF or the owner of the property, and
the site restored to its original condition, with the exception of
any landscaping that has been provided due to installation of said
WCF, within 90 days of receipt of notice from the Building Inspector
notifying the owner of such abandonment.
(a)
If such WCF is not removed within 90 days, such WCF shall be
deemed to be in violation of this Zoning Bylaw and the appropriate
enforcement authority may begin proceedings to enforce and/or cause
removal. If there are two or more users of a single WCF, then this
provision shall not become effective until all users cease using the
WCF.
E.
Design standards. The following design standards shall apply to all
exterior freestanding WCFs, as appropriate:
(1)
All exterior WCF equipment and fixtures shall be painted or otherwise
screened or colored to minimize their visibility to occupants or residents
of surrounding buildings, streets and properties. WCF equipment and
fixtures visible against a building or structure shall be colored
to blend with such building or structure. WCF equipment and fixtures
visible against the sky or other background shall be colored to minimize
visibility against such background. The maximum amount of vegetation
shall be preserved during construction of any WCF.
(2)
All freestanding WCFs shall be designed to be constructed at the
minimum height necessary to accommodate the anticipated and future
use.
(3)
The only type of freestanding WCFs allowed shall be monopoles, with
associated antenna and/or panels. In addition, so-called stealth or
camouflaged towers may also be permitted. Whenever technologically
feasible, antennas shall be mounted flush against a pole, provided
that such mounting does not compromise the potential for co-location.
Lattice-style towers and similar facilities requiring three or more
legs and/or guy wires for support are not allowed.
(4)
To the extent feasible, all network interconnections from any WCF
shall be installed underground, or inside an existing structure.
(5)
A security barrier shall be provided to control access to wireless
communications facilities and shall be compatible with the scenic
character of the Town. Fencing shall not be of razor wire.
(6)
There shall be no signs, except for announcement signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall comply with Article XI of this bylaw.
(7)
Night lighting of freestanding WCFs shall be prohibited unless required
by the Federal Aviation Administration. Lighting shall be limited
to that needed for emergencies and/or as required by the FAA.
(8)
There shall be a maximum of one parking space for each freestanding
WCF, to be used in connection with the maintenance of the site, and
not to be used for the permanent storage of vehicles or other equipment.
(9)
Accessory buildings and/or storage sheds shall be limited to one
building per use per tower. If more than one use, the accessory buildings
shall be connected by a common wall. Each building shall not exceed
300 square feet in size and 10 feet in height, and shall be of the
same design and color.
F.
Special permit.
(1)
Application process. All special permit applications for WCFs shall be made and filed on the appropriate application form. For an application to be considered complete, it shall comply with § 50-14.6 and MGL c. 40A, and shall also provide five copies of the following information:
(a)
A color photograph or rendition of the proposed monopole with
its antenna and/or panels. A rendition shall also be prepared providing
eight view lines in a one-mile radius from the site, and any other
viewpoints deemed necessary by the permit granting authority; shown
beginning at True North and continuing clockwise at 45° intervals.
(b)
A description of the monopole and the technical, economic and
other reasons for the proposed location, height and design.
(c)
Confirmation that the monopole complies with all applicable
federal and state standards, including, but not limited to, the Federal
Aviation Administration, Federal Communications Commission, Massachusetts
Aeronautics Commission and the Massachusetts Department of Public
Health.
(d)
A description of the capacity of the monopole, including the
number and type of panels, antenna and/or transmitter receivers that
it can accommodate and the basis for these calculations.
(e)
If the permit granting authority determines it necessary, an
amount of money from the applicant shall be placed in an Engineering
Review Revolving Account for use by the permit granting authority
to retain a technical expert in the field of RF engineering.
(f)
The special permit granting authority may waive one or more
of the application filing requirements of this section if it finds
that such information is not needed for a thorough review of a proposed
personal wireless service facility.
(g)
Within 14 days prior to the public hearing, the applicant shall
arrange to locate a crane, or an alternative temporary structure approved
by the special permit granting authority, at the site in a manner
that replicates the exact height and location of the proposed monopole.
The crane or structure shall remain in position for no less than three
consecutive days, for at least 12 hours per day, unless the zoning
board agrees that fewer hours per day may be allowed.
G.
Review criteria. In addition to applying any special permit general
conditions described in this zoning bylaw, and the standards, requirements,
or conditions set forth herein above, the Board shall review the special
permit application in accordance with the following criteria:
(1)
An applicant proposing a freestanding WCF shall prove to the satisfaction
of the Board that the visual, noise level, economic and aesthetic
impacts of the facility on the community will be minimal. The applicant
must also demonstrate that the facility needs to be located at the
proposed site due to technical, topographical or other unique circumstances.
In determining whether to issue a special permit, the Board shall
consider the following factors: height of the proposed WCF; the nature
of uses on adjacent and nearby properties; surrounding topography;
surrounding tree coverage and foliage; the visual and noise impact
of the facility on the abutting neighborhoods and streets; and the
impact on existing vistas and natural resources.
(2)
No freestanding WCF shall be erected or installed except in compliance
with the provisions of this section. Any proposed extension in the
height, or construction of a new or replacement of a facility, shall
be subject to a new application for a special permit. The addition
of cells, antennas or panels to an existing facility does not require
the issuance of a special permit but is subject to site plan review.
H.
Conditions of approval.
(1)
The following conditions of approval shall apply to all grants of applications for WCFs that require a special permit as indicated by Subsection B herein:
(a)
Annual certification must be provided to the Town's Director
of Code Enforcement which demonstrates continuing compliance with
the standards, rules and regulations of the Federal Communications
Commission, Federal Aviation Administration, National Institute of
Standards and Technology, Massachusetts Aeronautics Commission, Massachusetts
Department of Public Health, and other applicable federal, state and
local laws.
(b)
If a freestanding, exterior WCF is to be placed on municipal
property, the following conditions must be satisfied:
[1]
Certificate of insurance for liability coverage in the amount
of $1,000,000 must be provided naming the Town as an additional insured;
[2]
An agreement whereby the user indemnifies and holds the Town
harmless against any claims for injury or damage resulting from or
arising out of the use or occupancy of the Town-owned property by
the user.
[3]
A cash bond in a reasonable amount determined and approved by the Board shall be in force to cover removal of WCF and restoration of the site to the condition that the premises were in at the onset of the lease, when use of said WCF becomes discontinued or obsolete. The amount is to be payable to the Town in the event that the user breaches the agreement in Subsection D(3).
(2)
A maintenance bond shall be posted for the access road, site and
monopole in amounts approved by the Board.
(3)
In addition to the above, the Board may impose additional conditions
as needed to minimize any adverse impacts of the proposed WCF.
I.
Exemptions. The following types of WCFs are exempt from this section:
(1)
Amateur radio towers used in accordance with the terms of any amateur
radio service license issued by the Federal Communications Commission,
provided that the tower is not used or licensed for any commercial
purpose.
(2)
Facilities used for the purposes set forth in MGL c. 40A, § 3.
(3)
Facilities used solely by the municipality for the purpose of public
safety.
J.
ACCESSORY BUILDINGS
ANTENNA
CO-LOCATION
GUYED TOWER
LATTICE TOWER
MONOPOLE
MOUNT
PANEL ANTENNA
RADIO FREQUENCY ENGINEER
SECURITY BARRIER
WIRELESS COMMUNICATION FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A flat-surface antenna usually developed in multiples.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A locked, secure wall, fence or berm that completely seals
an area from unauthorized entry or trespass.
Facility for the provision of personal wireless services,
as defined by the Telecommunications Act.
