Town of Norfolk, MA Article 4 Use Regulations

§ 310-4.1 Basic requirements.

A. All applicants for new residential dwellings (excluding additions, accessory buildings and septic systems) hereinafter constructed shall be prohibited from cutting down any trees from the back corner of the house to the back corner of the lot within 25 feet of the side or rear lot line. Relief may be granted by the Building Commissioner to allow clearing within the aforesaid area to the extent necessary to facilitate construction of the dwelling, after submission, with the building permit application, of a tree clearing plan, consisting of a plot plan demonstrating clearly where proposed tree clearing will be performed. This prohibition shall remain in effect until the occupancy permit has been issued. An applicant may appeal the decision of the Building Commissioner regarding the tree clearing plan within 30 days pursuant to MGL c. 40A, § 8.

(1) For nonresidential uses, land clearing, excavation, filling, gravel removal, or clear cutting of trees in anticipation of any use permitted or authorized by this Zoning Bylaw, Town bylaws, and regulations of the Town of Norfolk and the Planning Board, or laws of the commonwealth is prohibited prior to issuance of all required approvals, permits, variances, licenses, and authorizations. Limited clearing and excavation is permitted to obtain necessary survey and engineering data or other activities required to secure necessary permits.

(a) No building, structure, or land shall be used for any purpose or in any manner other than is permitted as set forth in the Schedule of Use Regulations, § 310-4.2 of this bylaw, and in accordance with the following notations:

Yes - Use permitted

SP - Use allowed as an exception under special permit by the permit granting authority

No - Use prohibited

(b) No building or structure shall be constructed, and no building, structure, or land shall be used in whole or in part for any purpose other than for one or more of the uses hereinafter set forth as permitted in the district in which said building, structure, or land is located, or set forth as permissible by special permit in said district, and so authorized, nor shall any building or structure be constructed or used on a lot lying only partly in the Town of Norfolk unless the Norfolk portion of the lot shall meet all the zoning requirements hereinafter set forth, and the lot shall have effective, actual access to the Town of Norfolk.

(2) Clearing, excavation, filling, gravel removal, or other clear cutting of trees prior to receiving a building permit may be performed on individual lots for single-family dwellings within an approved subdivision, on a plan endorsed by the Planning Board as not subject to approval under the Subdivision Control Law,[1] or otherwise legally in existence, but only in accordance with the provisions of the first paragraph of Subsection A. Until a building permit has been granted, clearing of the side setbacks is limited to 50 feet from the street right-of-way. The cleared area must be stabilized by loaming and seeding or other method approved by the Building Commissioner within 90 days of the completion of the clearing, excavation, filling, gravel removal, or other clear cutting of trees unless construction activity is underway or has been authorized to commence during that time.

[1] Editor's Note: See MGL c. 41, §§ 81K to 81GG.

B. Any use not specifically enumerated in a district herein shall be deemed prohibited.

C. The use regulations of this bylaw shall not prohibit or limit use of land or structures for:

(1) Religious or education purposes on land owned or leased by:

(a) The commonwealth.

(b) Agencies or subdivisions of the commonwealth or bodies politic.

(c) Religious sects or denominations.

(d) Nonprofit educational corporations.

(2) Agriculture, horticulture or floriculture on parcels of more than five acres nor regulate the reconstruction or expansion of structures used for agriculture to an extent beyond that allowed by MGL c. 40A, § 3, as the same may be from time to time amended.

D. Permitted uses and uses allowed by the permit granting authority shall be in conformity with all dimensional requirements, off-street parking requirements, and any other pertinent requirements of this bylaw.

E. Buffer/green belt/landscaping requirements in nonresidential districts.

(1) All outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be enclosed by a fence of solid and uniform appearance not less than six feet in height or a tight and well-maintained evergreen hedge which shall attain a height of not less than six feet, in order to conceal such uses from adjoining properties. Such facilities shall be located to the side and/or rear of the building to which they are accessory, and the enclosure shall not exceed 1,000 square feet in area except by special permit from the Planning Board.

(2) In the B2-B4 Districts, no building or structure shall be located less than 50 feet from a residential district. In the C2, C3 and C5 Districts, no building or structure shall be located less than 150 feet from a residential district. In the B2-B4, C2, C3, and C5 Districts, no use (including parking areas, driveways, vehicle circulation areas or other vehicle accessways) shall be located less than 50 feet from a residential district.

[Amended 5-10-2022 ATM by Art. 21]

(3) In the B2-B4 Districts, a green belt shall be provided on any lot that abuts a residential district should any use on said lot (including any buildings, structures, driveways, parking areas, vehicle circulation areas or other vehicle accessways) be located less than 100 feet from the residential district. In the C2, C3 and C5 Districts, a green belt shall be provided on any lot that abuts a residential district.

(a) Such green belt shall:

[1] Be located on the nonresidential lot along the shared property line.

[2] Have a minimum depth from the shared property line of 30 feet.

[3] Be used for no purpose other than planting and/or sidewalks.

[4] Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than six feet in height at the time of planting and shall be continuously maintained.

(b) In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the site plan approval process, to waive strict compliance with Subsection E(3), provided that the intent of Subsection E(3) is met. If such a waiver is granted, the Planning Board shall, in its site plan approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the structure.

(4) Landscaping requirements. For each foot of frontage the lot shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.

§ 310-4.2 Schedule of Use Regulations.

The Schedule of Use Regulations is included as an attachment to this chapter.

§ 310-4.3 Watershed Protection District.

The Watershed Protection District is an overlay district and shall be superimposed on the other districts established by this bylaw.

A. Purpose of district. A Watershed Protection District is established in the Town of Norfolk for the following purposes:

(1) To preserve and protect the lakes, ponds, streams, brooks, rills, marshes, swamps, bogs, and other water bodies and watercourses in the Town;

(2) To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve present and potential sources of water supply for the public health and safety;

(3) To protect the community from the detrimental use and development of land and waters within the Watershed Protection District; and

(4) To conserve the watershed areas of the Town of Norfolk for the health, safety, welfare, and enjoyment of its people.

B. Establishment and definition of district.

(1) The intent of the Watershed Protection District is to include lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such watercourses and bodies, as part of their natural drainage system. The Watershed Protection District includes all streams, brooks, rivers, ponds, lakes, named or unnamed, and other bodies of water shown on the plan entitled "Norfolk, Massachusetts, Planimetric Survey," dated 1964, prepared by New England Survey Services, Inc., Civil and Consulting Engineers, Boston, Massachusetts (scale one inch equals 2,000 feet), prepared under the direction of the Board of Assessors and used as a base plan for the Assessors maps revised through the fiscal year 2002 and kept on file with the Norfolk Board of Assessors. These maps, which are on file in the offices of the Town Clerk and Board of Assessors, establish and depict this overlay district and include all land lying within a horizontal distance of 25 feet from the mean annual high-water line and from adjacent low, marshy areas of all brooks, streams, rivers, lakes, ponds, marshes, swamps and bogs.

(2) All uses, dimensional requirements and other provisions of the Norfolk Zoning Bylaw applicable to the underlying districts shall remain in full force and effect, except that where the Watershed Protection Overlay District imposes greater or additional restrictions and requirements, such restrictions or requirements shall prevail.

C. Permitted uses. The following uses are permitted within the Watershed Protection District subject to any applicable reviews pursuant to the Massachusetts Wetland Protection Act, 310 CMR 10.00, and Chapter 300, Wetlands Protection, and Chapter 330, Wetland Protection Regulations, of the Town of Norfolk bylaws and regulations:

(1) Conservation of soils, water, plants, and wildlife;

(2) Outdoor passive recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

(3) Boat docks, landings, footbridges, bicycle footpaths and/or horse paths and crossings/boardwalks, or other pedestrian access structures;

(4) Proper operation and maintenance of existing dams, splashboards, and other water control, supply and conservation devices;

(5) Maintenance of residential lawns, vegetation pruning;

(6) Repair, maintenance, and reconstruction of existing structures and uses lawfully existing prior to adoption of the Watershed Protection District Bylaw hereof may be continued as permitted under the Zoning Act.[1] Existing dwellings may be expanded by special permit by the Zoning Board of Appeals, provided ground coverage within the overlay district is not increased more than 25% of the original structure coverage within the overlay district, and such expansion does not violate the requirements of the underlying zoning district;

[1] Editor's Note: See MGL c. 40A.

(7) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, or drainage improvements for agricultural uses.

D. Prohibited uses. The following uses are prohibited within the Watershed Protection District:

(1) The location of landfills and the storage of salt and road deicing chemicals;

(2) Any building, structure, land-disturbing activities, or excavation within 25 feet from the mean annual high-water line of all water bodies and courses within the Watershed Protection District except for those uses expressly provided for in Subsections C and E; excavation to create a ponding area, drainage ditches; any change in watercourses intended for swimming, fishing or other recreational, or nonagricultural uses;

(3) The disposal of solid waste, animal manure, commercial fertilizers, liquid petroleum products or solid by-products of petroleum;

(4) The storage and/or sale of petroleum (or any other refined petroleum product) except within the buildings which it will heat;

(5) The dumping of snow contaminated by deicing chemicals which is brought in from outside the district;

(6) The storage or disposal of hazardous materials, as defined by the Hazardous Waste Regulations promulgated by the Department of Environmental Protection, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of MGL c. 21, § 27(8).

[Amended 5-10-2022 ATM by Art. 21]

E. Special permit uses. After an order of conditions or a determination of nonapplicability is issued by the Norfolk Conservation Commission, the Zoning Board of Appeals may issue a special permit to allow the following uses in accordance with Subsection F and subject to any additional conditions the Zoning Board of Appeals many impose:

(1) Relocation of watercourses for projects under the direction of a Massachusetts Contingency Plan (MCP) and with notification of the relocation of the watercourse made to the NFIP State Coordinator, Massachusetts Office of Water Resources, the NFIP Program Specialist, FEMA Region 1, and adjacent communities if the watercourse lies within the watershed of those communities;

(2) See MGL c. 132B, § 1 (Massachusetts Pesticide Control Act), and any and all amendments thereto;

(3) Residential construction of dwellings and appurtenant structures;

(4) The excavation of gravel, sand, loam, or other earth material or the filling, dumping or transferring of any earth material within the district;

(5) Any use that is neither expressly allowed under Subsection C nor expressly prohibited under Subsection D, if allowed in the underlying zoning district.

F. Procedures for issuance of special permit.

(1) Each application for a special permit shall be filed with the Zoning Board of Appeals and shall be accompanied by the proper number of plans.

(2) Said application and a plan shall be prepared in accordance with the data requirements of the proposed development (e.g., site plan review, erosion, sedimentation control plan, etc.).

(3) The Zoning Board of Appeals shall refer copies of the application to the Board of Health, the Conservation Commission, the Department of Public Works, Select Board, and the Planning Board. These Boards/Departments shall review, either jointly or separately, the application and shall submit their recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

[Amended 5-10-2022 ATM by Art. 21]

(4) The Zoning Board of Appeals shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days after the proper filing of the application and after the review of the aforementioned Town Boards/Departments. The Zoning Board of Appeals shall follow the procedural requirements of MGL c. 40A regarding notice, decision, etc.

(5) After notice and public hearing, and after due consideration of the reports and recommendations of the Planning Board, the Board of Health, the Conservation Commission, Select Board, and Director of Public Works, the Zoning Board of Appeals may grant such a special permit, provided that it finds that the proposed use:

[Amended 5-10-2022 ATM by Art. 21]

(a) Is in harmony with the purpose and intent of this bylaw and will promote the purpose of the Watershed Protection District;

(b) Is appropriate to the natural topography, soils, and other characteristics of the site to be developed;

(c) Will not, during construction or thereafter, have an adverse environmental impact on any water body or course in the district; and

(d) Will not adversely affect an existing or potential water supply.

G. Limit of authority. This district does not limit the existing authority of the Conservation Commission pursuant to MGL c. 131, § 40.

H. Development regulations. All construction and land disturbing activities within the Watershed Protection District shall be designed or sited to minimize erosion and runoff by minimizing the construction period, slope stabilization, ditch maintenance, filtering, sedimentation basins, and revegetation.

§ 310-4.4 Aquifer and Water Supply and Interim Wellhead Protection Districts.

A. Purpose of districts. This section is established for the following purposes:

(1) To protect the public health, safety and welfare of the residents, institutions, and businesses of the Town of Norfolk, Massachusetts, from contamination of existing and future public groundwater and surface water resources.

(2) To protect, preserve and maintain the aquifers and recharge areas of existing and potential groundwater supplies within the Town as sources of public water.

(3) To conserve the natural resources of the Town.

(4) To prevent temporary and permanent contamination of the environment.

(5) To comply with federal and state laws, including, but not limited, to the Federal Water Pollution Control Act,[1] Safe Drinking Water Act amendments[2] and the Massachusetts Source Approval Regulations.[3]

[1] Editor's Note: See 33 U.S.C. § 1251 et seq.

[2] Editor's Note: See 42 U.S.C. § 201 et seq.

[3] Editor's Note: See 310 CMR 22.00.

B. Scope of authority. The Water Supply Protection District is an overlay district and shall be superimposed on the other districts established by this bylaw. All regulations of the Town of Norfolk Zoning Bylaw applicable to such underlying districts shall remain in effect, except that where the Water Supply Protection District imposes additional regulations, such regulations shall prevail.

C. Definitions. See § 310-2.1, Definitions and word usage.

D. Description of zones.

(1) Certain groundwater and surface water protection zones are hereby established within the Town. These zones contain aquifers and/or aquifer recharge areas and surface water areas as determined by standard geologic and hydrogeologic investigations which have included observation wells, existing boring data, geophysical techniques, pump tests, water samples and geologic maps. These zones have been modified in accordance with the provisions of Subsection D(3).

(2) The boundaries of the Water Supply Protection District are delineated on the Zoning Map dated November 19, 2019, which is depicted and is hereby made a part of this bylaw. These boundaries reflect the best hydrologic information available as of the date of the map(s). In the event of a discrepancy between the map and the criteria that follow, the criteria shall govern.

(3) The boundaries of the Water Supply Protection District zones have been adjusted to include wetlands and bodies of surface water surrounded by or adjacent to recharge areas and to follow property lines or street lines or identifiable physical features to facilitate locating them on the ground.

(4) The groundwater and water supply protection zones shall include interim wellhead protection area, Zone I and Zone II.

(5) Water Supply Protection District boundary disputes.

(a) If the location of the Water Supply Protection 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) as defined in Subsection G, Procedures for issuance of special permit.

(b) The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. At the request of the owner(s), the Town may engage a professional engineer (civil or sanitary), hydrologist, geologist, hydrogeologist, 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 all or part of the cost of the investigation. 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.

E. Use regulation. In no event shall any use be permitted in Zone I, other than the preservation of natural resources, or for the facilities related to the drinking water supplies. In the Water Supply Protection District, the following regulations shall apply:

(1) Permitted uses. The following uses are permitted within the Water Supply 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) Footpaths, bicycle and/or horse paths, and bridges;

(d) Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply and conservation devices;

(e) Maintenance, repair, and enlargement of any existing structure, subject to Subsection E(2) (prohibited uses) and Subsection E(3) (uses and activities requiring a special permit);

(f) Residential development, including swimming pools and their ancillary structures, subject to Subsection E(2);

(g) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsection E(2) (Prohibited uses) and Subsection E(3) (Uses and activities requiring a special permit);

(h) Construction, maintenance, repair, and enlargement of drinking water supply related facilities, such as, but not limited to, wells, pipelines, aqueducts, and tunnels [see Subsection E(3)(g)];

(i) Where the premises are partially outside of the Water Supply Protection District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

(j) Stormwater recharge systems. 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 not feasible. 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.

(2) Prohibited uses. The following uses are prohibited within the Water Supply Protection District except where they comply with specified regulations:

(a) Landfills and open dumps as defined in 310 CMR 19.006 as of November 1, 1992;

(b) Storage of liquid petroleum products of any kind, except for the following:

[1] Normal household use, outdoor maintenance, and heating of a structure;

[2] Waste oil retention facilities required by statute, rule or regulation;

[3] Emergency generators required by statute, rule or regulation;

[4] High application of roadway salt;

[5] Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters, provided that storage, listed in Subsection E(2)(b)[1], [2] and [3] above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill 150% of the container's total storage capacity, provided that such storage shall be in freestanding, aboveground container, within an enclosed structure or within the basement of a structure, and provided that the storage tank and piping comply with all applicable provisions of 527 CMR 1.00, Massachusetts Comprehensive Fire Safety Code. Replacement of all storage tanks, except those for gasoline, which existed at the time of the adoption of this bylaw shall be installed above the ground.

[Amended 5-10-2022 ATM by Art. 21]

(c) Landfilling of sludge or septage as defined in 310 CMR 32.05;

(d) Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

(e) Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, except the replacement or repair of an existing system which will not result in an increase in design capacity above the original design;

(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) All new permanent animal manure storage areas unless covered and/or contained to prevent the generation and escape of contaminated runoff or leachate;

(h) 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 compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;

(i) Facilities that generate, treat, store, or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:

[1] Very small quantity generators, as defined under 310 CMR 30.00, which generate less than 20 kilograms or six gallons of hazardous waste per month may be allowed by special permit in accordance with Subsection E(3) of this section;

[2] Household hazardous waste collection 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 314 CMR 5.00;

(j) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

(k) Treatment works which are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

[1] The replacement or repair of an existing treatment works which will not result in a design capacity greater than the design capacity of the existing treatment works;

[2] The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works which will not result in a design capacity greater than the design capacity of the existing system(s);

[3] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;

(l) Storage of liquid 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 150% of the container's total storage capacity;

(m) Industrial and commercial uses which discharge process wastewater on-site;

(n) Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district;

(o) Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate;

(p) Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable materials unless used in accordance with the regulations of the Natural Resources Conservation Service and the Lawn Care Regulations of the Massachusetts Pesticide Board, 333 CMR 10.03, as amended, and according to manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface water and groundwater;

[Amended 5-10-2022 ATM by Art. 21]

(q) The use of septic system cleaners which contain toxic or hazardous chemicals;

(r) Trucking terminals, bus terminals, car washes, motor vehicle gasoline sales, automotive service and repair shops, commercial fuel storage and sales;

(s) Any floor drainage systems in existing facilities, or future proposed facilities, in industrial or commercial hazardous material and/or hazardous waste process areas or storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility or future proposed facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 10.00), connect the drain to a municipal sewer system (with all appropriate permits and pretreatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.

(3) Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as it may require:

(a) Enlargement or alteration of existing uses which do not conform to the Water Supply Protection District.

(b) The application of pesticides, including herbicide, insecticides, fungicides, and rodenticide, for nondomestic or nonagricultural uses in accordance with state and federal standards which have a greater adverse impact. 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 Massachusetts Department of Agricultural Resources approved pesticide management plan or integrated pest management (IPM) program under 333 CMR 12.00.

[Amended 5-10-2022 ATM by Art. 21]

(c) The application of fertilizers for nondomestic or nonagricultural uses which have a greater adverse impact. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition, and sedimentation.

(d) Those activities that involve the handling of 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 D(2), Prohibited uses]. Such activities shall require a special permit to prevent contamination of groundwater.

(e) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or watercourses created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity.

(f) A system for groundwater recharge must be provided which does not degrade groundwater quality.

(g) The owners of underground water storage tanks related to the activities listed in Subsection E(1)(h) shall apply for a special permit from the SPGA.

[Amended 5-10-2022 ATM by Art. 21]

F. Determination of applicability.

(1) The submission of all applications and/or uses within the scope of this article such as applications for building permits, package treatment plants, and septic systems shall be transmitted (within 24 hours) to the Building Commissioner for review for applicability under this bylaw.

(2) The Building Commissioner shall review the application and shall make a finding as to applicability within 14 days of receipt. The Building Commissioner may consult with Director of Planning and Land Use for input as to the applicability of any and all applications and/or uses.

(3) The Director of Planning and Land Use shall act as an advisor to the Building Commissioner.

(4) The Director of Planning and Land Use shall, within 10 days of receipt of an inquiry by the Building Commissioner, submit a written recommendation to the Building Commissioner.

(5) The Building Commissioner shall review the recommendation of the Director of Planning and Land Use and shall then render his written decision to the applicant as to the applicability of the bylaw and whether a special permit or other action is required.

(6) The applicant shall be notified, in writing, as to the applicability of § 310-4.4 and shall proceed accordingly.

[Amended 5-10-2022 ATM by Art. 21]

G. Procedures for issuance of special permit.

(1) The special permit granting authority (SPGA) under this section shall be the Zoning Board of Appeals. Such special permit shall be granted if the SPGA determines that the intent of this section 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 Health, the Conservation Commission, Building Commissioner, Fire Chief and Select Board for their written recommendations. The SPGA shall not take final action on such special permit application until it has received written recommendations from said agencies or until said agencies have allowed 35 days to elapse after receipt of such special permit application without submission of a report thereon. No special permit shall be issued unless the special permit application has been approved by the SPGA or the statutory time limit for approval has lapsed. No special permit shall be issued until all requirements of the special permit application have been completed.

(3) The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection E (Use regulation) of this section, and any regulations of guidelines adopted by the SPGA. The SPGA shall retain qualified experts, upon notice to and at the reasonable expense of the applicant, if necessary in order to evaluate the application. The proposed use must demonstrate that the boundaries of the premises, the groundwater quality resulting from on-site waste disposal, other on-site operations, natural recharge, and background water quality will not fall below the standards established by DEP in Drinking Water Standards of Massachusetts, as most recently revised, or for parameters where no DEP standard exists, below current EPA criteria as published in the Federal Register or, where no such criteria exist, below standards established by the Board of Health in consultation with the Select Board, and where existing groundwater quality is already below those standards, upon determination that the proposed activity will result in no further degradation.

(4) The applicant shall file 15 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 cleanup procedures;

[2] Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

[3] Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, 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.

(5) 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 commissioners. Notice of the public hearing shall be given by publication and 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 thereof 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 said MGL c. 40A, § 11. As prescribed herein, the Zoning Board of Appeals may grant such a special permit, provided that it finds that the proposed use:

(a) Is in harmony with the purposes and intent of this bylaw and will promote the purposes of the Water Supply Protection District;

[Amended 5-10-2022 ATM by Art. 21]

(b) Is appropriate to the natural topography, soils, and other characteristics of the site to the developed;

(c) Will not, during construction or thereafter, have an adverse environmental impact of the aquifer or recharge area; and

(d) Will not adversely affect the quality or quantity of an existing or potential water supply.

(6) Written notice of any violations of this section shall be given by the Building Commissioner or his agent 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 and 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. A copy of such notice shall be submitted to the Building Commissioner, the Board of Health, Conservation Commission, Fire Chief and Select Board. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Water Supply Protection District, the Town of Norfolk, the Building Commissioner, the Board of Health, the Fire Chief, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Norfolk, the Building Commissioner, the Board of Health, the Fire Chief, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

H. 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.

I. Change of use. Change in activity on premises initiated after adoption of this bylaw, if resulting in or exceeding any limitations established in a special permit or crossing the thresholds of Subsection E (Use regulation), shall constitute a change of use. Such change of use may be allowed, but only upon application to the Building Commissioner, who may require an application for a special permit.

J. Nonconforming use. Nonconforming uses which were lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this bylaw may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that there is a finding by the SPGA that such change does not increase the danger of surface water or groundwater pollution from such use.

§ 310-4.5 Floodplain Protection District.

[Amended 11-9-2021 STM by Art. 11; 5-14-2025 ATM by Art. 23]

A. The purposes of the Floodplain Protection District are:

(1) To provide that lands in the Town of Norfolk subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof or any residents of the Town of Norfolk;

(2) To protect, preserve, and maintain the water table, watershed, groundwater and water recharge areas within the Town so as to preserve present public and private water supplies for the public health and safety of the Town of Norfolk;

(3) To assure the continuation of the natural flow pattern of the watercourses within the Town of Norfolk in order to provide adequate and safe floodwater storage capacity and to protect persons and property against the hazards of flood inundation;

(4) To protect and preserve wetland areas, lakes, ponds, streams, rivers, brooks, marshes, meadows and bogs so as to maintain as recharge and water storage sites;

(5) To conserve natural conditions, wildlife and open spaces for the education, recreation, and general welfare of the Town of Norfolk and/or residents of the Town of Norfolk;

(6) To protect the Town of Norfolk from the detrimental use and development of land and waters within the Floodplain Protection District;

(7) To ensure public safety through reducing the threats to life and personal injury;

(8) To eliminate new hazards to emergency response officials;

(9) To prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding;

(10) To 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;

(11) To eliminate costs associated with the response and cleanup of flooding conditions;

(12) To reduce damage to public and private property resulting from flooding waters.

B. Permitted uses. The Floodplain Protection District shall be considered as overlying other districts. All developments in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

(1) Compliance with the Massachusetts State Building Code which addresses floodplain hazard areas (currently 780 CMR), wetlands protection regulations of the Department of Environmental Protection (DEP) (currently 310 CMR 10.00), inland wetlands restriction, MGL c. 131, § 40A, and minimum requirements for the subsurface disposal of sanitary sewage (currently 310 CMR 15.00, Title 5).

(2) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted by the appropriate state or local agencies in accordance with the required variance procedures of these state regulations. In the Floodplain Protection District, further described in Subsection E herein, the following conditions shall apply:

(a) The Town requires a permit for all proposed construction or other development in the Floodplain Protection 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.

(b) The permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Protection District. The proponent must acquire all necessary permits and must submit the completed checklist demonstrating that all necessary permits have been acquired.

(c) All encroachments in the floodway, including new fill, new construction, substantial improvement to existing structures, and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant, demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood (base flood).

(d) Along all 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.

(e) Base flood elevation data is required for subdivision proposals or other developments greater than seven lots or five acres, whichever is the lesser, within areas described in Subsection E of this section.

(f) Notification of the relocation of a watercourse must be made to the NFIP State Coordinator, Massachusetts Office of Water Resources, the NFIP Program Specialist, FEMA Region 1, and adjacent communities if the watercourse lies within the watershed of those communities.

(g) All subdivision and other development proposals shall be designed so that:

[1] The potential for flood damage is minimized;

[2] All utilities and facilities shall be located and constructed to minimize or eliminate flood damage; and

[3] Stormwater runoff shall be controlled as to rate and volume, post-construction, to minimize or eliminate flood damage and, in any event, shall not be greater when post-construction drainage calculations are compared to preconstruction drainage calculations.

(h) In A Zones, in the absence of FEMA BFE data and floodway data, the Building 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 flood-proofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

(i) 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.

(3) The following uses shall be allowed within the Floodplain Protection District without requiring a special permit:

(a) Conservation of water supply, plants, wildlife, lakes, ponds, streams, brooks, rivers, marshes, swamps, bogs, land, soil, trees, shrubs, meadows.

(b) Outdoor recreation, including play areas, nature study, boating, fishing, and hunting which is not harmful to the physical environment, where otherwise legally permitted, but excluding buildings and structures.

(c) Noncommercial signs (as permitted in the residential district), wildlife management areas, and footpaths, bicycle and/or horse paths and bridges to allow adequate and safe crossing by pedestrians, bicyclists or horses, provided such uses are in compliance with MGL c. 131, §§ 40 and 40A, and 310 CMR 10.00, as amended, and all local zoning and wetland laws and provided such uses do not affect the natural flow pattern of any watercourse.

(d) Grazing and farming, gardening, nurseries, conservation, including truck gardening and harvesting of crops.

(e) Forestry management, providing stumps are not removed and reforestation takes place, by the parties or individual responsible for forestry management.

(f) Proper operation and maintenance of existing dams and other water control, supply and conservation devices, including the temporary alteration of the water level for emergency or maintenance purposes and the emergency removal of any and all flashboards of a privately owned dam in order to lower the water level of its backwaters to a safe level, providing no downstream properties are damaged by the cumulative increase in any water surface elevation.

(g) Dwellings lawfully existing prior to the adopting of these provisions, but not including any enlargement more than 25% and/or extension thereof.

(h) In the case of fire destruction to buildings or structures existing in Floodplain Protection Districts prior to the adoption of these provisions, said building structure or structures may be rebuilt and increased up to a maximum of 25% of its original size; provided, however, that proper floodproofing is taken when rebuilt and said construction complies with all applicable local zoning and wetland laws and the provisions of the Wetlands Act[1] and 310 CMR 10.00, as amended. Any substantial improvement or reconstruction of a structure within the Floodplain Protection District which has been damaged by any cause is subject to the requirements of the State Building Code.

[1] Editor's Note: See MGL c. 131, §§ 40 and 40A.

(i) Any of the following uses, if permission is, in each case, obtained from the Zoning Board of Appeals as described in this bylaw:

[1] Commercial golf course.

[2] Private clubs for recreation.

[3] Temporary stands for sale of produce grown on the premises.

(j) The portion of any lot within the area delineated in Subsection E may not be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated.

C. Excluded (prohibited) uses in the Floodplain Protection District.

(1) In the Floodplain Protection District, no new building or buildings or structure shall be erected or constructed, and any existing building prior to the establishment of this bylaw shall not be altered or enlarged to more than 25% of its original size, or moved.

(2) No person shall remove, fill, dredge, or alter any lake, pond, river, stream, brook, marsh, swamp, bog, meadow or floodplain or any land within the floodplain and/or wetlands, and no ponds or pools shall be created or other changes in watercourses allowed, whether for swimming, fishing, or other recreational uses, scenic features, or drainage improvements, except as permitted in Subsection B.

(3) No person shall transfer or relocate earth products except as permitted in Subsection B.

(4) No septic tanks, leach fields or sewer lines shall be installed in the Floodplain Protection District.

(5) Placement recreational vehicles.

D. Variance. When a variance is issued from the State Building Code Appeals Board, a written and/or audible copy of the portion of the hearing related to the variance will be maintained as part of the record.

(1) 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 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 such construction below the base flood level increases risks to life and property.

(2) Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Protection District.

(3) A variance from the floodplain bylaw must meet the requirements set out by state law and may only be granted if:

(a) Good and sufficient cause and exceptional, nonfinancial hardship exist;

(b) The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(c) The variance is the minimum action necessary to afford relief.

E. Description of areas.

(1) The Floodplain Protection District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Norfolk designated as Zone A and AE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Land Use Department, and Building Department.

(2) If the Town acquires data that changes the base flood elevation in the FEMA-mapped special flood hazard areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.)

(a) Notification shall be submitted to FEMA Region I Risk Analysis Branch Chief;

(b) And copy of notification to Massachusetts NFIP State Coordinator, MA Dept. of Conservation & Recreation.

F. Administration. The Conservation Agent shall be the official floodplain administrator, who shall be responsible for administration of this amendment to the Zoning Bylaw within the limits of their lawful authority.

G. Limit of authority. Nothing contained in this amendment to the Zoning Bylaw of the Town of Norfolk shall otherwise limit the lawful authority of other agencies of government within the Town of Norfolk.

H. Abrogation and greater restrictions. The floodplain management regulations found in this Floodplain Protection District section shall take precedence over any less-restrictive conflicting local laws, ordinances or codes.

I. Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.

J. Severability. If any subsection, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.