[Amended 5-16-2022 ATM by Art. 19[1]]
A.
The purpose of the Floodplain Overlay District is 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; and
(6)
Reduce damage to public and private property resulting from
flooding waters.
B.
Definitions.
(1)
National Flood Insurance Program (NFIP) definitions are found
in Title 44 of the Code of Federal Regulations, section 59.1. The
definitions below refer to their source; if the definition is from
the MA building code, it is from the 9th Edition, which meets the
minimum standards of the NFIP.
(2)
In order for the bylaw or ordinance to be clearly understood,
it is necessary to define technical terms or key words. An understanding
of these terms is a prerequisite to effective administration of the
floodplain management bylaw or ordinance.
(3)
DEVELOPMENT
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM.)
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Per FEMA Region I, these additional definitions must be included
in local bylaws or ordinances.
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]
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]
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. [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:
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;
400 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. [US Code of Federal Regulations, Title 44, Part 59]
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. [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.
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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.
[Base Code, Chapter 2, Section 202]
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Means, 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]
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. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a flood
plain 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 flood plain 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]
C.
Applicability. The Flood Plain Overlay District is herein established
as an overlay district. The District includes all special flood hazard
areas in the Town of Dedham designated as Zones A and AE on the Norfolk
County Flood Insurance Rate Map (FIRM), dated July 6, 2021, issued
by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program (NFIP). The exact boundaries
of the District are defined by the 100-year base flood elevations
shown on the FIRM and further defined by the Norfolk County Flood
Insurance Study report dated July 6, 2021. The FIRM Floodway Maps
and Flood Insurance Study report are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Building Department,
and Conservation Commission.
D.
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.
E.
Disclaimer of Liability. The degree of flood protection required
by this bylaw is considered reasonable but does not imply total flood
protection.
F.
Severability. If any section, provision or portion of this bylaw
[ordinance] is deemed to be unconstitutional or invalid by a court,
the remainder of the ordinance shall be effective.
G.
Designation of Community Floodplain Administrator. The Town of Dedham
hereby designates the position of Building Commissioner to be the
official floodplain administrator for the Town.
H.
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:
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FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
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And copy of notification to:
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Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation
251 Causeway Street
Boston, MA 02114
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I.
Variances to Building Code Floodplain Standards. The Town/City 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/City 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 (i) 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 (ii) 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.
J.
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:
K.
Permits are Required for all Proposed Development in the Floodplain
Overlay District. The Town of Dedham requires a permit 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.
L.
Assure that all Necessary Permits are Obtained. The Town of Dedham's
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 overlay district. The
proponent must acquire all necessary permits, and must submit the
completed checklist demonstrating that all necessary permits have
been acquired.
M.
Unnumbered A Zones. 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 floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
N.
Floodway Encroachment. In Zones A 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.
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Norfolk County FIRM, encroachments are
prohibited, including fill, new construction, substantial improvements,
and other development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
O.
Recreational Vehicles. In A1 and AE 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.
P.
Reference to existing regulations. The FPOD is established as an
overlay district to all other districts. All development in the district,
including structural and nonstructural activities, whether permitted
by right or by special permit must be in compliance with Chapter 131,
Section 40 of the Massachusetts General Laws and with the following:
(1)
Sections of the Massachusetts State Building Code (780 CMR),
as may be currently in effect, that address construction in floodplain
areas;
(2)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(3)
Inland Wetland Restriction, DEP (currently 302 CMR 13.00);
(4)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
Q.
Procedures. Any work within a FPOD shall require a Special Permit
issued by the Board of Appeals. Notice of each such Flood Plain special
permit application shall be given to the Town Public Works Department,
to the Town Administrator, the Board of Selectmen, the Board of Health,
the Planning Board, and the Conservation Commission, as well as all
other parties deemed necessary by the Board of Appeals.
(1)
The Board of Appeals, in hearing such application, shall consider,
in addition to any other factors said Board deems pertinent, the following
aspects with respect to flooding and FPOD zoning provisions; that
any such building or structure shall be designed, placed, and constructed
to offer a minimum obstruction of the flow of water; and that it shall
be firmly anchored to prevent floating away.
(2)
If any land in the FPOD is proven to the satisfaction of the
Board of Appeals after the question has been referred to the Planning
Board, the Conservation Commission, the Board of Health, and the Board
of Selectmen, and reported on by all three boards or the lapse of
30 days from the date of referral without a report, as being in fact
not subject to flooding or not unsuitable because of drainage conditions
for any use which would otherwise be permitted if such land were not,
by operation of this section, in the FPOD, and that the use of such
land for any such use will not interfere with the general purposes
for which FPOD have been established, and will not be detrimental
to the public health, safety or welfare, the Board of Appeals may,
after a public hearing with due notice, issue a permit for any such
use. If an applicant feels that he has sufficient evidence to prove
that an area identified as floodplain by FEMA is not subject to flooding,
there are formal procedures which allow FEMA to review such individual
cases and, if appropriate, remove the area in question from the flood-plain.
R.
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 10 lots
or 2.5 acres, whichever is lesser, within unnumbered A zones.
S.
Watercourse alteration and relocation. In cases where a project will
alter or relocate a watercourse, the following must be notified:
(1)
Adjacent Communities, especially upstream and downstream.
(2)
Bordering States, if affected.
(3)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th floor
Boston, MA 02114
(4)
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
T.
Review of all project proposals. All projects shall be reviewed to
assure the following:
U.
Permitted uses. The following activities are permitted within the
FPOD upon receipt of a building permit, where required:
(1)
Development for recreational purposes, including but not limited
to: walking trails and bicycle paths, athletic fields, parks, beaches,
and boat landings.
(2)
Horticultural and Agricultural purposes, including those associated
with commercial farming.
(3)
Construction of a structure provided that the following criteria
are met:
(a)
Structure shall not be utilized for residential purposes.
(b)
The lowest floor of the structure shall be located at least
one foot above the 100-year flood elevation for the site as noted
on the FEMA map referenced above.
(c)
The structure shall not impede the flow of flood waters.
(d)
Volumetric flood compensation at a ratio of 2:1 for every cubic
foot of fill, structure, or other obstructions placed within the Flood
Plain District. Calculations prepared by a Professional Engineer licensed
by the Commonwealth of Massachusetts shall be submitted to the Board
of Appeals as part of the permit application.
(e)
Any structure shall have direct pedestrian access to uplands
area located outside of the FPOD. Such access shall be reviewed and
approved by the Dedham Fire and Police Departments.
(f)
Any public works projects, including but not limited to: drainage,
sewerage, or flood control project, including any associated structures.
V.
Prohibited uses. The following uses are prohibited within a FPOD:
(1)
No land fill or dumping in any part of the District without
proper volumetric compensation at a ratio of 2:1 for every cubic foot
filled. This includes fill utilized for landscaping purposes.
(2)
No damming or relocation of any water course except as part
of an overall drainage basin plan proposed by a public authority.
(3)
No permanent outside storage of materials or equipment. This
includes storage of materials for retail sale.
(4)
No land, building, or structure shall be used for sustained
human occupancy except dwellings theretofore lawfully existing, or
land, buildings, or structures which comply with the provisions of
this Bylaw.
(5)
Storage of fertilizers, chemicals, or manure associated with
agricultural uses.
(6)
Motor vehicle storage, sales, or maintenance facilities. This
includes parking areas designated for temporary storage of vehicles
awaiting repairs or unregistered vehicles, whether stored or for sale.
(7)
Underground storage tanks other than storage or septic tanks
associated with a subsurface disposal system or sewerage pumping station.
(8)
Storage of any chemical or material classified as hazardous
by Local, State, or Federal statutes and regulations.
W.
Portion of parcel within FPOD. The above prohibitions will only apply
to the portion of a parcel which is located within a FPOD, and not
the entire parcel.
X.
Federal flood insurance program.
(1)
The Federal Flood Insurance Rate Map (FIRM) shall be, for purposes
of administration of and conformity with the requirements of the Federal
Flood Insurance Program, placed on file with the Town Clerk and Building
Inspector, and shall be considered an appendix to this Bylaw.
(2)
Until such time as a regulatory floodway is designated, no new
construction, substantial improvements, or other development (including
fill) shall be permitted within Zones A and AE on the FIRM unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood at
any point within the community or along the regulated section of the
waterway.
(3)
Where a specific area or parcel of land appears on the FIRM
as being within the 100-year flood elevation and an applicant, having
satisfied the intent of Subsection L(2) above, wishes to seek relief
from the placement of the area or parcel within a flood hazard zone,
or a release from the mandatory purchase of flood insurance, said
applicant shall follow the procedures contained in a Letter of Map
Amendment as outlined in Title 44 of the Code of Federal Regulations
(CFR), Part 70.
A.
Purpose. The purpose of the Aquifer Protection Overlay District is
to protect the town's water resources by preserving and maintaining
the quality and volume of existing and potential groundwater supply
and groundwater recharge areas within the town.
B.
AQUIFER
DISPOSAL
GROUNDWATER
HAZARDOUS WASTES
IMPERVIOUS SURFACE
LEACHABLE WASTES
MINING OF LAND
POLLUTANT
PROCESS LIQUIDS
RADIOACTIVE MATERIALS
RECHARGE AREAS
SOLID WASTES
TOXIC AND HAZARDOUS MATERIALS
(1)
(2)
(3)
(4)
(5)
Definitions.
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potential recoverable potable water.
The deposit, injection, dumping, spilling, leaking, incineration
or placing of any material into or on any land or water so that such
material or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including groundwater.
All the water found beneath the surface of the ground, including,
without limitation, the slowly moving subsurface water present in
aquifers and recharge areas.
A waste, or combination of wastes, which, because of its
quantity, concentration, or physical, chemical or infectious characteristics,
may cause, or significantly contribute to an increase in serious or
incapacitating illness, or pose a substantial present or potential
hazard to human health, safety, or welfare, or to the environment
when improperly treated, stored, transported, used, or disposed of,
or otherwise managed. These wastes shall include, but not be limited
to, any wastes which fall within the definitions of hazardous waste
under the Hazardous Waste Regulations promulgated by the Hazardous
Waste Board, the Water Resources Commission, and the Division of Water
Pollution Control under the provisions of Sections 27(8), 52, 57,
and 58 of Chapter 21 of the General Laws.[1]
Material or structures on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
Waste materials including, without limitation, solid waste
sewage, sludge, and agricultural wastes that are capable of releasing
water-borne contaminants to the surrounding environment.
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
Any element, or property of sewage, agricultural, industrial,
or commercial waste, runoff, leachate, heated effluent, or other matter
which is or may be discharged, drained, or otherwise introduced into
any surface or subsurface disposal or conveyance system, or water
of the Commonwealth of Massachusetts.
Liquids used in cooling, cleaning, or in manufacturing processes
which contact raw materials, products wastes, or machinery, and which,
because of that contact, may contain pollutants.
Any of the materials which have a concentration which exceeds
the limits set forth in Appendix B, Table II of 10 CFR Part 90 (Standards
for Protection Against Radiation),[2] or any other applicable provisions of federal or state
law or regulation.
Areas composed of permeable stratified sand and gravel and
certain wetlands that collect precipitation or surface water and carry
it to aquifers.
Useless, unwanted, or discarded solid material with insufficient
liquid content to be free-flowing. This includes, but is not limited
to, rubbish, garbage, scrap materials, junk, refuse, inert fill material,
combustion residues, demolition debris, construction wastes, and landscape
refuse.
Any substance or mixture of such physical, chemical, or infectious
characteristics as to pose a significant, actual, or potential hazard
to water supplies, environmental quality, or to human health if such
substance or mixture was discharged to land or waters of this town.
Toxic or hazardous materials include, without limitation, petroleum
products, heavy metals, radioactive materials, pathogenic or infectious
wastes, solvents, thinners, and other materials which are listed as
toxic, hazardous or a priority pollutant by the United States Environmental
Protection Agency under any of the following laws:
Toxic Substances Control Act 15 U.S.C. s. 2601 et seq.;
Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C.
s. 136 et seq.;
Resource Conservation and Recovery Act of 1976 42 U.S.C. s.
6901 et seq.
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 49 U.S.C. s. 9601 et seq.,[3] and
Federal Water Pollution Control Act 33 U.S.C. s. 1251 et seq.
[1]
Editor's Note: MGL c. 21, §§ 52, 57 and 58,
which dealt with the powers and duties of the Hazard Waste Disposal
Board, were repealed by the Laws of 1979, c. 704, § 1, effective
1-1-1980.
[2]
Editor's Note: See now 10 CFR Part 20, Appendix B, Table 2.
[3]
Editor's Note: See 42 U.S.C. § 9601 et seq.
C.
Location. The locations of the Aquifer Protection Overlay Districts
shall be as shown on the maps entitled Bridge Street Wellfield, Aquifer
Protection District/Zone II Boundary, Dedham Massachusetts, and Fowl
Meadow Aquifer, Aquifer Protection District/Zone II Boundary, Dedham,
Massachusetts, both prepared by Weston and Sampson Engineers, Inc.,
which maps shall be deemed to be part of the Zoning Map of the Town
of Dedham. The boundaries of the Aquifer Protection Overlay Districts
are shown on a Geographic Information System Map prepared for the
Dedham Planning Board, signed by the Planning Board by the Town of
Dedham Engineering Department Geographic Information System Division
at a scale of one inch equals 750 feet dated January 26, 2012.
D.
Scope of authority. The Aquifer Protection Overlay District shall be considered to be superimposed as an overlay district over any other district established by this Bylaw. Any requirement of this § 280-8.2. shall be in addition to the requirements of other sections of this Bylaw.
E.
Permitted uses. The following uses are permitted as of right within
the Aquifer Protection Overlay District provided that all necessary
permits, orders, or approvals required by local, state, or federal
law are also obtained and further provided that no permit is required
for said use pursuant to (a) the National Pollutant Discharge Elimination
System permit program established pursuant to 33 U.S.C. 1342, (b)
the Surface Water Discharge Permit Program established pursuant to
M.G.L. c.21, s.43, or (c) the Ground Water Discharge Permit Program
established pursuant to M.G.L. c. 21, s.43:
(1)
Residential development, if permitted in the underlying district,
provided that no more than 25% of a building lot (including the portion
of any new street abutting the lot to the center line of such street)
is rendered impervious. Larger parking areas, if required, must be
constructed with permeable paving. All dwellings in the Aquifer Protection
Overlay District constructed after the effective date of this Section
shall be connected to the public sewer system. The foregoing requirement
shall apply, to single family dwellings only if:
(2)
Conservation of soil, water, plants and wildlife.
(3)
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted.
(4)
Foot, bicycle and/or horse paths and bridges.
(5)
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control supply and conservation
structures and devices.
(6)
Maintenance and repair of any existing structure provided there
is no increase in impermeable pavement.
(7)
Farming, gardening, nursery, conservation, forestry, harvesting,
and grazing, provided that fertilizers, herbicides, pesticides, manure,
and other leachable materials are not stored outdoors. If these activities
do involve the use of fertilizers, herbicides, or pesticides, the
town may require the installation of test wells to monitor for contamination
by herbicides, pesticides, or fertilizers.
F.
Prohibited uses. The following uses are prohibited:
(1)
Sanitary landfills and open dumps, as defined in 310 CMR 19.006.
(2)
Land application and storage of sludge and septage, as defined
in 310 CMR 32.05.
(3)
Automobile graveyards and junkyards, as defined in M.G.L. c.
140B, s. 1.
(4)
Storage of liquid petroleum products of any kind, except those
incidental to (1) normal household use and outdoor maintenance or
the heating of a structure, (2) waste oil retention facilities required
by M.G.L. c. 21, s. 52A, or (3) emergency generators required by statute,
rule, or regulation; provided that such storage is either in a freestanding
container within a building or in a free-standing container above
ground level with protection adequate to contain a spill the size
of the container's total storage capacity.
(5)
Facilities that generate, treat, store, or dispose of hazardous
waste which is subject to M.G.L. c. 21C and 310 CMR 30.00, including,
without limitation, solid wastes, hazardous wastes, leachable wastes,
chemical wastes, radioactive wastes, and waste oil, except for waste
oil retention facilities required by M.G.L. c. 21, s. 52A, that meet
the standard set forth in 310 CMR 22.22(2)(a)(4).
(6)
Manufacture, use, storage, or disposal of toxic or hazardous
wastes or materials excluding normal household activities or those
permitted by Special Permit hereunder.
(7)
Industrial or commercial uses which discharge process liquids
on-site.
(8)
Storage of sodium chloride, calcium chloride, chemically treated
abrasives, or other chemicals used for the removal of snow or ice
on roads.
(9)
Stockpiling and disposal of snow and ice containing sodium chloride,
calcium, chloride, chemically treated abrasives or other chemicals
used for the removal of snow or ice on roads which has been removed
from highways and streets located outside of the Aquifer Protection
Overlay District.
(10)
Storage of pesticides, as defined in M.G.L. c. 132B, s. 2, unless
such storage is within a building or structure that pursuant to a
Special Permit, the Board of Appeals finds is so designed as to prevent
an accidental release onto or below the land surface.
(11)
Storage of commercial fertilizers and soil conditioners, as
defined in M.G.L. c. 128, s. 64, except in a structure with an impermeable
cover and liner which pursuant to a Special Permit, the Board of Appeals
finds is so designed to prevent the generation of contaminated run-off
or leachate.
(12)
Stockpiling of animal manures, except in a structure with an
impermeable cover and liner which pursuant to a Special Permit, the
Board of Appeals finds is so designed to prevent the generation of
contaminated run-off or leachate.
(13)
Onsite sewage disposal systems subject to 310 CMR 15.00 except as permitted for single family dwellings under Subsection E(1).
(14)
Except for excavations for the construction of building foundations
or the installation of utility works, the removal of soil, loam, sand,
gravel, or any other mineral substances within four feet of the historical
high ground or surface water level (as determined from monitoring
wells and historical water table fluctuation data compiled by the
USGS), unless the substances removed are deposited on site to achieve
a final grading greater than four feet above the historical high ground
or surface water mark within 45 days of removal.
(15)
Land uses which result in the rendering impervious of more than
25% of any lot (including the portion of any new street abutting the
lot to the centerline of such street) unless a system for artificial
recharge of precipitation that will not result in groundwater pollution
is provided, the design of which is approved by the Board of Appeals
pursuant to a Special Permit.
(16)
Any other use not permitted as of right or by Special Permit.
G.
Uses permissible by special permit. The following uses are permitted,
if authorized by the Board of Appeals by special permit in each specific
case, subject to such conditions as the Board may impose to protect
the aquifer:
(1)
The application of fertilizers for non-domestic or non-agricultural
uses provided that such application shall be made in such a manner
as to minimize adverse impacts on surface and groundwater due to nutrient
transport and deposition and sedimentation.
(2)
Those commercial and industrial activities permitted in the
underlying district with a Special Permit site plan review to prevent
compaction and siltation, loss of recharge, exfiltration from sewer
pipes, and contamination by oil, chemicals, nutrients, or any other
adverse impact on the groundwater resources delineated within the
Aquifer Protection Overlay District.
(3)
The use or storage of toxic or hazardous materials required
for treatment of drinking water at public water treatment facilities,
provided those materials are protected to prevent their release to
the environment.
(4)
Any use that requires a permit under:
(5)
Residential uses permitted in the underlining district, the maintenance, repair, or alteration thereof and additions thereto, when the resulting impervious surface. would exceed 25% of lot area (including the area to the center line of any new street abutting the lot), provided that the Board of Appeals, in addition to the findings required under Subsection H, makes the finding that there is no feasible alternative available and the design is such that no contamination or depletion of aquifer recharge will result.
(6)
Any use herein where explicit provision is made for a Special
Permit.
H.
Criteria for approval by the Board of Appeals. In addition to the
notice otherwise required under this Zoning Bylaw, the Board shall
give written notice of any Special Permit application within the Aquifer
Protection Overlay District to the Dedham-Westwood Water District,
the Board of Health, and the Conservation Commission, and request
a report and recommendation from each of the same. After notice and
public hearing in accordance with the procedures as prescribed by
law, and after due consideration of the reports and recommendations
of the Dedham-Westwood Water District, the Board of Health, and the
Conservation Commission, the Board of Appeals may grant such a permit
provided that it finds that the proposed use:
(1)
Is in harmony with the purposes and intent of this Bylaw and
will promote the purposes of the Aquifer Protection Overlay District.
(2)
Is appropriate to the natural topography, soils, and other characteristics
of the site to be developed.
(3)
Will not, during construction or thereafter, have an adverse
environmental impact on the aquifer or recharge area.
(4)
Will not adversely affect the quality or quantity of an existing
or potential water supply.
I.
Other boards. If the Board of Health, the Conservation Commission,
or the Water District, within 14 days of the Board of Appeals' request
for comments, opposes the grant of the Special Permit or recommends
conditions and limitations on the grant, the Board of Appeals must
either:
J.
Reimbursement of costs. It is contemplated that, in most cases, it
will be necessary for the Board of Appeals to hire consultants (e.g.
geologists, engineers, etc.) in connection with the review and evaluation
of applications for Special Permits under this Section. The Board
of Appeals will be reimbursed by the applicant for the reasonable
fees and expenses of such consultants, and each application for a
Special Permit hereunder shall contain an agreement by the applicant
to that effect regardless of the decision on his appeal.
K.
Design and operations guidelines.
(1)
Except
for single family dwellings, each applicant for a Special Permit shall
file as part of his application a report prepared by a geologist,
earth scientist, other qualified specialist in the field of chemistry
and land disposal, or registered professional engineer which shall
describe how the proposed use and/or structures satisfy the following
items:
(a)
Safeguards. Provision shall be made to protect against toxic
or hazardous materials discharge or loss resulting from corrosion,
accidental damage, spillage, or vandalism through measures such as:
spill control provisions in the vicinity of chemical or fuel delivery
points; secured storage areas for toxic or hazardous materials; and
indoor storage provisions for corrodible or dissolvable materials.
For operations which allow the evaporation of toxic or hazardous materials
into the interiors of any structures, a closed vapor recovery system
shall be provided for each such structure to prevent discharge of
contaminated condensate into the groundwater.
(b)
Location. Where the premises are partially outside of an Aquifer
Protection Overlay District, site design shall to the maximum degree
possible locate such potential pollution sources as on-site disposal
system outside of the District.
(c)
Disposal. For any toxic or hazardous wastes to be produced in
quantities greater than those associated with normal household use,
the applicant must demonstrate the availability and feasibility of
disposal methods which are in conformance with Ch. 21C, MGL.
(d)
Drainage. All runoff from impervious surfaces shall be recharged
on the site and diverted towards areas covered with vegetation for
surface infiltration to the extent possible. Dry wells shall be used
only where other methods are not feasible, and shall be preceded by
oil, grease, and sediment traps to facilitate removal of contaminants.
(2)
The Board of Appeals may also require the preparation and filing
of Operations Plans for particular uses, which plans may be incorporated
as conditions of a Special Permit.
L.
Violations.
(1)
Written notice of any violation of this Bylaw shall be given
by the Building Inspector to the responsible person within 48 hours
of 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 may be oral, if confirmed in writing within five
days. 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, 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 Water District, the Board of Health, and the Conservation Commission.
The cost of containment, cleanup, or other action of compliance shall
be borne by the owner and operator of the premises.
(2)
For situations that require immediate remedial action to prevent
adverse impact to the groundwater resources within the Aquifer Protection
Overlay District, the Town of Dedham, the Building Inspector, the
Board of Health, and any of their agents or the Dedham/Westwood Water
District may order the owner or operator of the premises to remedy
the violation and, if said owner and/or operator does not immediately
comply with said order, the Town of Dedham, the Building Inspector,
the Board of Health, any of their agents or the Dedham-Westwood Water
(3)
District, if authorized to enter upon such premises under the
terms of a Special Permit or otherwise, may act to review the violation.
For the purposes of this section, the term "immediately" shall mean
within a twenty-four-hour period. Remediation costs shall be the responsibility
of the owner and operator of the premises. Any violation of this Bylaw
shall result in the levying of a fine of $300 on the owner of the
property where the violation occurred, and on the operator or person
causing the violation, with each day, during which a violation persists
being considered a separate violation.
A.
Purpose. The purpose of this Bylaw is to accommodate within Dedham
the necessary infrastructure for wireless communications services
while protecting the general public from the impacts associated with
wireless communications facilities.
B.
Establishment. The Wireless Communications Services Overlay District
includes all land located in the Research Development and Office (RDO)
district; and all land located in Limited Manufacturing (LMA) districts
LM-20, LM-21, LM-22, LM-23, and Limited Manufacturing Type B (LMB)
district LMB-1, and all land located in the Highway Business district
(HB-1). The Wireless Communications Services District shall be construed
as an Overlay District with regard to said locations. All requirements
of the underlying zoning district shall remain in full force and effect,
except as may be specifically superseded herein.
C.
Applicability. Other provisions of this Zoning Bylaw notwithstanding, the regulations set forth herein shall apply to the construction, erection and/or placement of Wireless Communications Links within the Town of Dedham. Replacement of existing Wireless Communication Link reception and transmission devices, accessory mechanical, electronic, or telephonic equipment, fixtures, wiring, and protective covering customary and necessary to operate such wireless communication equipment, except for monopoles and lattice towers that support such Wireless Communication Link devices, shall be exempt from review by the Zoning Board of Appeals and the Design Review Advisory Board; however, they are subject to § 280-8.3E review. These provisions shall be effective as of April 14, 1997, provided that a Wireless Communication Link shall be exempt from the provisions of this Section and shall be governed by the rest of the Bylaw if application to the Building Commissioner or Zoning Board of Appeals for a building permit or zoning relief has been made prior to the first notice of hearing before the Planning Board for adoption of this Section, and either (a) no zoning relief is required, or (b) any required zoning relief is thereafter granted by the Zoning Board of Appeals; provided construction work under such building permit is commenced within six months of the date of such permit and proceeds in good faith continuously so far as is reasonable practicable.
D.
Use regulations. In the Wireless Communications Services Overlay
District the following Use Regulations will apply:
|
Table 9 - Use Regulations Wireless Communications
| |
|---|---|
|
Indoor Wireless Communications Link
|
Allowed*
|
|
Accessory Wireless Communications Link
|
Special Permit**
|
|
Building Mounted Wireless Communications Link
|
Special Permit**
|
|
Wireless Communications Link mounted on Existing, Free-standing
Structure
|
Special Permit**
|
|
Free-standing, Exterior Wireless Communications Link
|
Special Permit**
|
|
*
|
Allowed as of right subject to dimensional and performance requirements.
|
|
Allowed within an existing structure in the Central Business
District.
| |
|
**
|
May be permitted by Special Permit from the Zoning Board of
Appeals.
|
E.
Site plan review. The construction, erection, installation of new
listed communications devices and appurtenant structures, except Indoor
Wireless devices, are subject to Site Plan Review. For Replacement
of existing Wireless Communication Link reception and transmission
devices, accessory mechanical, electronic, or telephonic equipment,
fixtures, wiring, and protective covering customary and necessary
to operate such wireless communication equipment, the guidelines of
this section shall be administered by the Building Department. In
review of applications, the Planning Board shall employ the following
guidelines:
(1)
Screening, landscaping, and preservation of existing vegetation.
Whenever possible, devices shall be sited so as to minimize the visibility
of such devices from adjacent property, and shall be suitably screened
from abutters and residential neighborhoods. To the extent feasible,
installation of freestanding devices shall minimize the removal of
existing trees and other vegetation.
(2)
Height. A device shall be designed and installed at the minimum
height necessary for the proper functioning of the telecommunications
services to be provided by the device at that location. Free-standing
devices shall not exceed 50 feet in height.
(3)
Color. Free-standing, wall-mounted, and roof-mounted devices
shall be painted or otherwise colored or finished in a manner which
aesthetically minimizes the visibility of the devices in the surrounding
landscape or on the building or structure to which they are attached.
(4)
Fencing. Any fencing necessary to control access to devices
shall be compatible with the character of the area.
(5)
Signs. There shall be no advertising permitted on or in the
vicinity of the devices. There shall be a sign not exceeding four
square feet in area at each installation which shall display a phone
number where the person responsible for the maintenance of the installation
may be reached on a twenty-four-hour basis. All other signage shall
be consistent with the Sign Code.[1]
(6)
Lighting. Night lighting of installations shall be prohibited
except for such lighting as may be necessary for emergency repair
purposes.
(7)
Parking. Free-standing device installations shall provide one
off-street parking space for service vehicles.
(8)
Personal safety. When devices are mounted in locations above
or in the vicinity of pedestrian areas or other areas open to the
public, such installations shall be made in a manner that does not
impede or restrict the movement of pedestrians nor pose a hazard to
any person.
(9)
Bond. Any wireless communications company seeking to erect a
free-standing wireless communications link shall provide to the Town
of Dedham a bond in the amount of $250,000 to guarantee any and all
obligations regarding the installation, operation, and removal of
such facility. Any wireless communications company seeking to erect
a building-mounted communications link or co-locate on existing free-standing
link shall provide to the Town of Dedham a bond in the amount of $50,000
for the same purposes. The Board may reduce the amount of the bond
required after one year of operation upon request by the communications
company. All bonds shall remain in full force and effect for the life
of said operation.
F.
Dimensional requirements. In the Wireless Communications Services
Overlay District, the following dimensional regulations will apply:
(1)
Building Mounted Wireless Communications Link - a maximum of 10 feet above the rooftop or structure as described in Article IV of this Bylaw.
(2)
Wireless Communications Link mounted on Existing, Free-Standing
Structure may be installed at any point upon such existing structure.
(3)
Free-standing, Exterior Wireless Communications Link - 50 feet
above ground.
(4)
No free-standing communications facility shall be located within
one mile of another such facility unless located: on a co-location
site, or within the Route 128 median.
(5)
No free-standing communications facility shall be located within
500 feet of a residential dwelling with the exception of locations
within the Route 128 median.
G.
Performance standards. All Wireless Communications Links erected,
installed and/or used shall comply with the following performance
standards:
(1)
Compliance with Federal and State Regulations;
(2)
All Wireless Communications Links 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
Act.
H.
Co-location of wireless communications equipment. All owners and
operators of such Wireless Communications Link shall, as a continuing
condition of installing, constructing, erecting, and using a Wireless
Communications Link, permit other public utilities or FCC-licensed
commercial entities seeking to operate a Wireless Communications Link
to install, erect, mount, and use compatible Wireless Communications
equipment and fixtures on the equipment mounting structure on reasonable
commercial terms, provided that such co-location does not materially
interfere with the transmission and/or reception of communication
signals to or from the existing Wireless Communications Link, and
provided that there are no structural or other physical limitations
that make it impractical to accommodate the proposed additional Wireless
Communications equipment or fixtures.
I.
Coexistence with other uses. A Wireless Communications Link may be
located on the same lot with any other structures or uses lawfully
in existence and/or lawfully undertaken pursuant to this Bylaw.
J.
Exemptions. The following types of wireless communications facilities
are exempted from this Bylaw:
A.
Purpose.
(1)
Encourage the preservation and continued use of buildings and
structures of historic and architectural significance.
(2)
Encourage the adaptive re-use of such buildings and structures
by broadening and modifying use and dimensional regulations that may
otherwise impede historic and architectural preservation efforts.
B.
Establishment.
(1)
The Historic Preservation Overlay District (HPOD) is established
as a district that overlays the underlying districts, so that any
parcel of land lying in the HPOD shall also lie in one or more of
the other zoning districts in which it was previously classified,
as provided for in this Zoning Bylaw. Land, building, and structures
in the HPOD may be used for all purposes permitted as of right or
by Special Permit in the underlying district, and all requirements
of the underlying district shall remain in full force and effect,
except as may be specifically superseded herein.
(2)
The HPOD shall include the following Dedham Board of Assessors'
map and block (parcel) numbers:
|
Map/Block
|
Map/Block
|
Map/Block
|
Map/Block
|
Map/Block
|
|---|---|---|---|---|
|
91-4
|
91-8
|
91-42
|
91-48
|
107-66
|
|
91-5
|
91-9
|
91-44
|
107-58
|
107-105
|
|
91-7-1020
|
91-26A
|
91-45
|
107-64
|
107-108
|
|
91-26B
|
91-47
|
107-65
|
107-109
|
C.
Applicability and eligibility. Conversion of an existing historic building or structure for multi-family residential use may be allowed by Special Permit under this § 280-8.4 only if such building or structure or the lot upon which such building or structure is located satisfies the following:
(1)
The original building or structure was constructed prior to
1900.
(2)
The lot contains a minimum of 20,000 square feet of land and was established by plan or deed recorded prior to the adoption of this § 280-8.4.
(3)
The building or structure contains a minimum of 12,000 gross
square feet of floor area.
D.
Special permit granting authority. The Planning Board shall be the Special Permit Granting Authority (SPGA) for all applications and projects under this § 280-8.4. If such application or project also requires other Special Permits, the Planning Board shall be the SPGA for all such Special Permits.
E.
Historic preservation special permit. The SPGA may grant a Special
Permit for the conversion of an eligible building or structure for
multi-family residential use upon a determination that the following
conditions and criteria have been satisfied:
(1)
All dwelling units must be located within a single eligible building or structure, provided, however, that the floor area of said building or structure may be expanded by not more than 10% of the gross floor area existing on the date of the adoption of this § 280-8.4. New construction of elevators or stairways shall be excluded from the calculation of the percentage of such expansion.
(2)
Not more than six dwelling units shall be allowed in any such
eligible building or structure.
(3)
Except as otherwise provided herein, the dimensional requirements
set forth in the Table of Dimensional Requirements (Table 2)[1] and the off-street parking requirements of Article V[2] shall not be applicable but shall be determined and specified
by the SPGA in the Special Permit after due consideration of the historical
and architectural preservation efforts, the unique characteristics
of the lot and building or structure, and adequate protection of abutting
properties and uses.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(4)
1.5 parking spaces shall be provided for each dwelling unit
which may include parking within the enclosed structures.
(5)
With the exception of elevators or stairways, any additions
or expansions to such eligible building or structure shall comply
with applicable yard requirements for the SRB Zoning District.
(6)
Maximum height requirements shall not apply to such eligible
building or structure, provided, however, any additions or enlargements
shall not exceed the current height of the eligible building or structure
or 38 feet, whichever is greater.
(7)
Collection and disposal of all refuse and recycling material
shall be provided privately.
(8)
The building or structure shall be connected to municipal water
and sewer systems if the same are present in the abutting street.
All costs associated with the installation of such services shall
be borne by the developer or applicant.
