The purpose of this Aquifer Protection District is:
A.
To promote public health, safety and general welfare;
B.
To protect, preserve and maintain existing and potential groundwater
supplies and groundwater recharge areas;
C.
To preserve and protect existing and potential sources of drinking
water supply;
D.
To conserve natural resources;
E.
To prevent blight and pollution of the environment.
The Aquifer Protection District is an overlay district and shall
be superimposed on other districts established by the Zoning Bylaws
of the Town of Wrentham. This overlay district shall apply to all
new construction; reconstruction or expansion of existing buildings;
and new or expanded uses. Activities or uses that lie within the Aquifer
Protection District must comply with the requirements of the district
as well as with the underlying zoning. Uses that are prohibited in
the underlying zoning districts shall not be permitted in the Aquifer
Protection District.
In accordance with MGL c. 40A, § 6, nonconforming
uses that were lawfully existing, begun, or in receipt of a building
permit or special permit prior to the first publication of notice
of public hearing for this Aquifer Protection District Bylaw may be
continued. Any alteration, change, reconstruction or extension of
a nonconforming use or structure must be authorized by a special permit
issued by the special permit granting authority (SPGA) as designated
herein. Such special permit may be granted only if the SPGA finds
that the proposed alteration, change, reconstruction or extension
will not increase the danger of groundwater pollution.
[Amended 2-25-2002 STM; 11-13-2006 STM]
A.
The Aquifer Protection District is herein established to include
all lands within the Town of Wrentham lying within Zone II and Zone
III of existing public water supply wells, including Zone IIs for
adjacent towns, and the area designated as "Potential Medium/High
Yield". These areas are delineated on a map entitled "Town of Wrentham
Aquifer Protection Districts" dated November 2006 and prepared by
Earth Tech, Incorporated, which is hereby made part of this Aquifer
Protection District Bylaw and the zoning bylaws of the Town of Wrentham,
and is on file with the Town Clerk.
B.
In the event that the mapped boundaries of any aquifer included in
the Aquifer Protection District differ from observed conditions in
the field, the aquifer boundary as determined through field observations
shall control. If the Building Inspector determines that a particular
property is located within the Aquifer Protection District according
to the map, the owner may appeal the determination to the Board of
Appeals. The burden of proof shall be on the owner of the land in
question to determine, through hydrogeologic data customarily relied
upon by experts in that field, where the boundary should properly
be located. The Board of Appeals may engage its own consultant to
gather relevant data and to review the data submitted in support of
the appeal, and may charge the appellant the reasonable costs of such
consultation.
C.
If the district boundary line divides a parcel of land, only the
portion of such parcel that lies within the Aquifer Protection District
shall fall under the jurisdiction of this bylaw, unless activities
or uses that are proposed for the portion of the parcel that lies
outside the district alter or impact the part inside the district.
A.
Permitted uses.
(1)
The following uses are permitted within the Aquifer Protection
District, provided that all necessary permits, orders, or approvals
required by local, state or federal laws 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;
(f)
Development, if permitted in the underlying district, provided
that no more than 15% of the building lot is rendered impervious;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing, provided that fertilizers, herbicides, pesticides, manure
and other leachable materials are not stored outdoors;
(h)
Construction, maintenance, repair and enlargement of drinking
water supply related facilities, such as (but not limited to) wells,
pipelines, aqueducts, and tunnels.
B.
Prohibited uses. The following uses are prohibited in the Aquifer
Protection District:
(1)
Landfills and open dumps, as defined in 310 CMR 19.006;
(2)
Landfilling of sludge or septage, as defined in 310 CMR 32.05;
(3)
Storage of sludge or septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
(4)
Individual sewage disposal systems that are designed in accordance
with 310 CMR 15.00 to receive more than 110 gallons of sewage per
10,000 square feet per day, or 440 gallons of sewage on 40,000 square
feet per day, whichever is greater, except the replacement or repair
of an existing system that will not result in an increase in design
capacity above the original design. In the case of developments of
more than one lot, total development sewage loadings shall be calculated
based on the equivalent maximum density of 440 gallons per 40,000
square feet/day, taking into account "build out" conditions and the
impact of any open space and/or undevelopable land;
(5)
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;
(6)
Storage of animal manure unless covered or contained;
(7)
Earth removal, consisting of the removal of soil, loam, sand,
gravel, or any other earth material (including mining activities)
to within 10 feet of historical high groundwater (as determined from
monitoring wells and historical water table fluctuation data), except
for excavations for building foundations, roads, or utility works;
(8)
Automobile graveyards and junkyards, as defined in MGL c. 140B,
§ 1;
(9)
Stockpiling and disposal of snow and ice containing deicing
chemicals if brought from outside the district;
(10)
Storage of commercial fertilizers and soil conditioners as defined
in MGL c. 128, § 64, and pesticides as defined in MGL c.
132B, § 2, unless storage is within a structure designed
to prevent the generation and escape of contaminated runoff or leachate;
(11)
Storage of hazardous materials, as defined in MGL c. 21E, unless
in a freestanding container within a building or above ground with
secondary containment adequate to contain a spill the size of a minimum
of 125% of the container's total storage capacity;
(12)
Facilities that generate, treat, store or dispose of hazardous
waste subject to MGL c. 21C and 310 CMR 30.00, except the following:
(13)
Treatment works that are subject to 314 CMR 5.00, including
privately owned sewage treatment facilities, except the following:
(a)
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;
(b)
The replacement of existing subsurface sewage disposal system(s)
with wastewater treatment works that will not result in a design capacity
greater than the design capacity of the existing system;
(c)
Treatment works approved by the Massachusetts Department of
Environmental Protection designed for the treatment of contaminated
groundwater;
(14)
Storage of petroleum products, liquid under ambient conditions,
except the following: a) normal household use, outdoor maintenance,
and heating of a structure; b) waste oil retention facilities required
by statute, rule or regulation; c) emergency generators required by
statute, rule or regulation; d) treatment works approved under 314
CMR 5.00 for treatment of ground- or surface waters; provided that
storage, listed in items a) through d) immediately above, is in freestanding
containers within buildings or above ground with secondary containment
adequate to contain a spill the size of a minimum of 125% of the container's
total storage capacity;
(15)
Industrial and commercial business (to include home occupations)
uses that discharge process wastewater on-site, except wastewater
classified as sanitary wastewater under 310 CMR 15.00, State Sanitary
Code, Title V.
C.
Uses requiring a special permit. The following uses and activities
are permitted by special permit, subject to approval by the SPGA under
such conditions as it may require:
(1)
Alteration, change, reconstruction or extension of nonconforming uses or structures, as provided by § 390-15.3;
(2)
The application of pesticides, including herbicides, insecticides,
fungicides and rodenticides, for nondomestic or nonagricultural uses,
in accordance with state and federal standards. The special permit
shall be granted if such standards are met. If applicable, the applicant
should provide documentation of compliance with a Yearly Operating
Plan (YOP) for vegetation management operations under 333 CMR 11.00
or a Department of Food and Agriculture[1] approved Pesticide Management Plan or Integrated Pest
Management (IPM) program under 333 CMR 12.00;
[1]
Editor's Note: Now the Department of Agricultural Resources.
(3)
The application of fertilizers for nondomestic or nonagricultural
uses. Such applications shall be made in a manner so as to minimize
adverse impacts on groundwater due to nutrient transport, deposition,
and sedimentation.
(4)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, which are permitted in the underlying zoning, except as prohibited under Subsection B.
(5)
Any use that will render impervious more than 15% of any lot.
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 systems 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. All recharge areas shall be permanently
maintained in full working order by the owner.
[Amended 11-14-2011 STM]
Procedures for issuance of a special permit are as follows:
A.
The special permit granting authority (SPGA) under this section shall be the Planning Board unless the applicant is applying for a special permit under § 390-3.4, Nonconforming lots, structures, and uses, in which case the SPGA shall be the Zoning Board of Appeals.
B.
The SPGA shall refer copies of the application to the Board of Health,
Board of Appeals or the Planning Board as appropriate, Conservation
Commission and Department of Public Works, which shall review the
application and shall submit their recommendations to the SPGA within
three days.
C.
The SPGA shall hold a hearing, in conformity with the provisions
of MGL c. 40A. However, no work shall commence until a certification
is recorded as required by MGL c. 40A, § 11.
D.
The SPGA may grant a special permit only upon finding that the proposed
use or activity meets the standards of this bylaw. The proposed use
or activity must:
(1)
In no way, during construction or thereafter, adversely affect
the existing or potential quality or quantity of groundwater that
is available in the Aquifer Protection District;
(2)
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water-related natural characteristics
of the site to be developed;
(3)
Be in harmony with the purpose and intent of this bylaw, as
well as its specific criteria.
A determination that any portion or provision of this overlay
district zoning bylaw is invalid shall not invalidate any other portion
or provision thereof, nor shall it invalidate any special permit previously
issued thereunder.
